HomeMy WebLinkAboutA21-0006_PacketButte County Department of Development Services Airport Land Use Commission
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Butte County Department of Development Services
Planning Division Airport Land Use Commission
December 15, 2021 Meeting AGENDA ITEM – F.1
TO: Honorable Chair and Airport Land Use Commission
FROM: Mark Michelena, Senior Planner
DATE: April 21, 2021
ITEM: ALUC File No. A21-0004 (Rob Haley), APN 047-780-013:
A consistency review for a proposed 4-lot parcel split of a 62-acre parcel. The parcel is located within Compatibility Zones B2 and C of the Chico Municipal Airport. The parcel is located approximately 430 feet east of Garner Lane and 630 feet south of Keefer Road, in the unincorporated area, north and west of Chico.
SUMMARY:
Staff recommends that ALUC find the project inconsistent with the 2017 Airport Land Use Compatibility Plan for the Chico Municipal Airport.
BACKGROUND:
•The project site is approximately 6 acres.
•The project site is undeveloped.
•The parcel was created as part of parcel map (Book 42 Page 63 Lot 3; recorded on July 24,1972.
•The property is located in the unincorporated area of North Chico. It is zoned VLDR (VeryLow Density Residential) with a SR-1/NCSP Overlay (Suburban Residential 1-acreminimum/North Chico Specific Plan) and an AOB2 and AOC (Airport Overlays B2 and C)and has a General Plan Land Use Designation of VLDR (Very Low Density Residential).
•The project is proposing a 4-lot parcel split with resultant parcel sizes of 1.375 acres.
ANALYSIS:
•The project site is located within the B2 and C Compatibility Zone. The B2 Compatibility Zoneallows for parcels sizes of 5 acres or larger. The C Compatibility Zone, in the project area
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allows for parcel sized of 1 acre or larger.
• Approximately 2.1 acres (35% of the parcel size) is located within the B2 Compatibility Zone and approximately 3.9 acres (65% of the parcel size) is located with the C Compatibility Zone.
• The project site is approximately 7,825 feet northwest of end of runway 13L-31R and is located approximately 3,060 feet southwest of the extended runway centerline.
• The project site is approximately 9,200 feet northwest of runway 31L-13R and is located approximately 2,360 feet southwest of the extended runway centerline.
• The residential density of the project is approximately 0.67 dwelling units per acre. The B2 Compatibility Zone allows a density of 0.2 dwelling units per acre, while the C Compatibility allows for a density of 1 dwelling unit per acre.
• Butte County Compatibility Plan (BCALUCP) Section 3.4.5 addresses sites split by two or
more compatibility zones. For the purposes of evaluating consistency with the compatibility criteria in Table 3A, Basic Compatibility Criteria, a Project shall be evaluated as follows:
(a) Any Project site that is split by Compatibility Zone boundaries shall be considered as if it were multiple sites divided at the Compatibility Zone boundary line.
As identified above, 3.9 acres are in the C Compatibility Zone and 2.9 acres in the B2
Compatibility Zone. Due to the location of the compatibility zone boundary, it does not allow
for 3 lots to be completely within the C Compatibility Zone and 1 lot in the B2 Compatibility Zone.
• BCALUCP Section 3.8 Exceptions to Land Use Criteria allows Site-Specific Special
Conditions Exceptions. The policies and criteria set forth in the BCALUCP are intended to be applicable to all locations within an Airport Influence Area. However, there may be specific situations where a normally incompatible use can be considered compatible because of terrain, specific location, or other extraordinary factors or circumstances related to the site.
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(a) In considering any such exceptions, the ALUC shall take into account the potential for the use of a building to change over time (see Policy 3.4.4). A building could have planned low-intensity use initially, but later be converted to a higher-intensity use. Local Agency permit language or other mechanisms to ensure continued compliance with the usage Intensity criteria
must be put in place.
The zoning for the parcel is residential, so allowing for the land division will provide for the
opportunity to add additional residential dwellings in the area. Additional structures on the site would be accessory structures to a residential use. A change of use of an accessory structure will not increase the intensity of people on site, such as on a parcel zoned for
commercial or industrial use, which are not allowed in the residential zone.
(b) In considering any such exceptions, the ALUC shall also take into account the need for special measures to reduce the risks to building occupants in the event that the building is struck by an aircraft. Building design features include, but are not limited to, the following:
o Using concrete walls;
o Limiting the number and size of windows;
o Upgrading the strength of the building roof;
o Avoiding skylights; o Enhancing the fire sprinkler system; o Limiting buildings to a single story; and
o Increasing the number of emergency exits.
As discussed under the response for (a) above, the parcel, and surrounding area is zoned and
developed with residential uses, not commercial or industrial.
(c) In reaching a decision, the ALUC shall make specific findings as to why the exception is being made and that the land use will neither create a safety hazard to people on the ground or
aircraft in flight nor result in excessive noise exposure for the proposed use. Findings also shall
be made as to the nature of the extraordinary circumstances that warrant the policy exception.
The project parcel is located approximately 1,350 outside of the identified 55 dB CNEL noise impact area for future aviation operations. The project site is located on the edge of the Outer Approach/Departure Zone, and as discussed previously, approximately 2,360 and 3,060 feet
from the runway extended centerlines. The parcel is also located outside of the General Traffic
Pattern/Primary Flight Direction (which encompasses approximately 80% of powered aircraft
overflights estimated to occur within these limits). The project site is adjacent to parcels ranging in size from 1.15 to 41.57 acres with residential development.
(e) The granting of a special conditions exception shall be considered site specific and shall
not be generalized to include other sites.
The special conditions exception is being requested based on the information provided above,
including the parcel being well outside the 55 dB CNEL noise impact area, more than 2,360 and 3,060 feet from the extended centerlines and that the parcel would qualify for infill development if the County would prepare the infill map. Also, the parcel is adjacent to the C
Compatibility Zone, which in this area, does allow for 1-acre size parcels.
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Information provided by the applicant:
There are approximately 60 homes within a half mile radius that conform to the same intended use (low density residential with 1 acre min) and fall within the B2 zone. This excludes the newest phase of the Sierra Moon subdivision (1/2 acre lots) that will connect to Guntren. All
properties to the west of Kelsey road fall within the B2 zone.
The project is align with the Infill clause, 3.7.3, for the following reasons:
o The properties to the north and south of the proposed project conform to a higher density (1 acre per dwelling) use then our project (1.25 acre per dwelling). Properties to the west are 2.5 acre which is still within reason of our intended use.
o The proposed project has an existing road and access easement for access. All
properties in this zone require wells and septic so existing sewer and water is
irrelevant.
o Approximately 1/3 of the proposed project is in the B2 zone, the remaining is in C.
Per section 3.8.2c, there is no risk due to the intended use of low density residential with 2
story max height. Again, this aligns with 75% of the existing adjacent land use. Additionally,
there is sufficient open land (north of Keefer, approximately 200' north, the adjacent lot east
of the proposed project and the lot east of Kelsey approximately 150' to the east). The distance to the airport will limit impacts of noise to the residents.
ENVIRONMENTAL DOCUMENTATION:
No environmental documentation has been completed for this project by ALUC staff. Butte
County Development Services Planning Division will determine the requirements of the California Environmental Quality Act Guidelines.
RECOMMENDATION:
Staff recommends that the Butte County Airport Land Use Commission find ALUC File No. A21-
0004 (Rob Haley) inconsistent with the 2017 Airport Land Use Compatibility Plan for the Chico
Municipal Airport.
Attachments:
A: Findings with Conditions
B: List of References
C: Project Location and Compatibility Zones D: Aerial E: Application
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ATTACHMENT A BUTTE COUNTY AIRPORT LAND USE COMMISSION CONSISTENCY FINDINGS FOR: ALUC File No. ALUC21-0004 (Rob Haley)
The Airport Land Use Commission (ALUC) has prepared the following findings based on data contained in the 2017 Airport Land Use Compatibility Plan (ALUCP) for the Chico Municipal
Airport, as well as site specific information submitted by the applicant and ALUC staff.
The following findings have been prepared at the direction of the ALUC and are for the consideration of the Lead Agency (Butte County) when making a decision on the project.
SECTION 1: ENVIRONMENTAL FINDINGS
A. No environmental documentation has been completed for this project by ALUC staff. Butte County Development Services Planning Division will determine the requirements of the California Environmental Quality Act Guidelines.
SECTION 2: INCONSISTENCY FINDING FOR PROPOSED PROJECT
A. The proposed project site within the B2 Compatibility Zone has a density of 1
dwelling units per acre, which is inconsistent with the 0.2 dwelling units per acre of the compatibility zone.
B. Special conditions findings per Butte County Airport Land Use Compatibility Plan (BCALUCP) Section 3.8 Exceptions to Land Use Criteria can’t not be made
to find the project consistent.
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SECTION 2: CONSISTENCY FINDING FOR PROPOSED PROJECT
A. The policies and criteria set forth in the BCALUCP are intended to be applicable to all locations within an Airport Influence Area. However, per Butte County
Airport Land Use Compatibility Plan (BCALUCP) Section 3.8 Exceptions to
Land Use Criteria, there may be specific situations where a normally incompatible use can be considered compatible because of terrain, specific location, or other extraordinary factors or circumstances related to the site.
1. In considering any such exceptions, the ALUC shall take into account the
potential for the use of a building to change over time (see Policy 3.4.4). A
building could have planned low-intensity use initially, but later be converted to a higher-intensity use. Local Agency permit language or other mechanisms to ensure continued compliance with the usage Intensity criteria must be put in place.
The zoning for the parcel is residential, so allowing for the land division will
provide for the opportunity to add an additional residential dwelling.
Additional structures on the site would be accessory structures to a residential use. A change of use of an accessory structure will not increase the intensity of people on site, such as on a parcel zoned for commercial or industrial use.
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2. In considering any such exceptions, the ALUC shall also take into account the need for special measures to reduce the risks to building occupants in the event that the building is struck by an aircraft.
As discussed under the response for (1) above, the parcel, and surrounding area
is zoned and developed with residential uses, not commercial or industrial.
3. In reaching a decision, the ALUC shall make specific findings as to why the exception is being made and that the land use will neither create a safety hazard to people on the ground or aircraft in flight nor result in excessive noise exposure for the proposed use. Findings also shall be made as to the nature of
the extraordinary circumstances that warrant the policy exception.
The project parcel is located approximately 1,350 outside of the identified 55
dB CNEL noise impact area for future aviation operations. The project site is located on the edge of the Outer Approach/Departure Zone, and as discussed previously, approximately 2,360 and 3,060 feet from the runway extended
centerlines. The parcel is also located outside of the General Traffic
Pattern/Primary Flight Direction (which encompasses approximately 80% of
powered aircraft overflights estimated to occur within these limits). The project site is adjacent to parcels ranging in size from 1.15 to 41.57 acres with residential development.
4. The granting of a special conditions exception shall be considered site specific
and shall not be generalized to include other sites.
The special conditions exception is being requested based on the information provided above, including the parcel being well outside the 55 dB CNEL noise impact area, more than 2,360 and 3,060 feet from the extended centerlines and
that the parcel would qualify for infill development if the County would prepare
the infill map. Also, the parcel is adjacent to the C Compatibility Zone, which
in this area, does allow for 1-acre size parcels.
There are approximately 60 homes within a half mile radius that conform to the same intended use (low density residential with 1 acre min) and fall within the
B2 zone. This excludes the newest phase of the Sierra Moon subdivision (1/2
acre lots) that will connect to Guntren. All properties to the west of Kelsey road
fall within the B2 zone.
The project is align with the Infill clause, 3.7.3, for the following reasons:
o The properties to the north and south of the proposed project conform to
a higher density (1 acre per dwelling) use then our project (1.25 acre per
dwelling). Properties to the west are 2.5 acre which is still within reason
of our intended use.
o The proposed project has an existing road and access easement for access. All properties in this zone require wells and septic so existing
sewer and water is irrelevant.
o Approximately 1/3 of the proposed project is in the B2 zone, the remaining
is in C.
Per section 3.8.2c, there is no risk due to the intended use of low density residential with 2 story max height. Again, this aligns with 75% of the existing
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adjacent land use. Additionally, there is sufficient open land (north of Keefer,
approximately 200' north, the adjacent lot east of the proposed project and the lot east of Kelsey approximately 150' to the east). The distance to the airport will limit impacts of noise to the residents.
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ATTACHMENT B List of References
Data supporting the ALUC’s findings have been generated from studies and reports prepared by recognized professionals and agencies with expertise in Airport Land Use Planning and land use compatibility. These include, but are not limited to:
Butte County 2017 Airport Land Use Compatibility Plan
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ATTACHMENT C Project Location with Compatibility Zones
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ATTACHMENT D Project Location with Aerial
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ATTACHMENT E Application
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