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HomeMy WebLinkAbout042-150-053i county utte LAND OF NATURAL WEALTH AND BEAUTY PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 - TELEPHONE: (916) 538-7601 c BUTTE COUNTY AIRPORT LAND USE COMMISSION AGENDA JUNE 13, 1990 .<.•:c�,,:H"c;•^>:•,:.;-:c:,:e:.�:zz.^ M;:ac^..,::.•x:,:.,.,,....::t'r.^.-.:^c::.,V..,,....^..^^.�..^.:a.�....,.,,.,,.....,:......?zs:....»....:..........�.,..::..,.....:�••wz'•,,;:.�.,..............,....:w..s......,,,.,,..a..,,..xc:. a TIME: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive -.- Oroville, CA 95965 I. Pledge of Allegiance - II. Roll Call III. Approval of Minutes of April 11, 1990 and May 9, 1990. IV. Consent Agenda V. Business 1. Appointment of Member -at -Large. 2. Status Report.- Butte County Planning Commission consideration of rezoning land located under the northerly approach zone of the Ranchaero Airport. 3. Review of City of Chico Annexation and Prezone located North of Bidwell Ave. and Ranchaero Airport. 4. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. 5. Status Report - Airport Zone, Code Amendments, and Overlay.Zone. 6. Status Report - Chico Municipal Airport Environs Plan. 7. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda) VI. Correspondence VII. Referrals to Staff and Formation of Committees . VIII. Announcements 1. Next meeting is scheduled for July 11, 1990. BUTTE COUNTY AIRPORT, LAND USE COMENUSSION MINUTES - May 9, 1990 The meeting of the'Airport Land Use Commission (ALUC) was called to order at 9:05 a.m. on May 9,.1990, in the Board of Supervisors' Room,, -County Administration Center, 25 County Center Drive, Oroville, California. I. PLEDGE OF ALLEGIANCE II. ROLL CALL Present: Commissioners Rossas, Walter, Lambert, Crotts and Chairman Stevens. Absent: Commissioner Franklin and Commissioner Lando Staff: David Hironimus and Jackie O'Brien Others Present: Alternate Commissioner Gerst III. APPROVAL OF MINUTES ' Avvroval of Minutes of March 14 1990• It was moved by Commissioner Walter; seconded by Commissioner Rossas and urianimously carried to approve the minutes of March 14, 1990, with the -corrections listed on page 1 of -the April 11, 1990 minute's, submitted by Commissioner Lando and Commissioner Lambert. Approval of Minutes of April 11 1990• + It was moved by Commissioner Rossas, seconded .by Commissioner Stevens to approve the minutes. of April 11, 1990 minutes,as corrected. Commissioner Gerst had the following correction on page 2, last paragraph delete "and unanimously carried" and replace with, "and carried by the following vote: AYES: Commissioners Franklin, Rossas, Lando, Lambert,, and Crotts;- NOES: -Commissioner, Gerst; ABSENT: , Commissioner Walter and Chairman, Stevens." i BUTTE COUNTY AIRPORT LAND USE COMMSSION 2 NIINUTES - May 9, 1990 , Chairman Stevens requested that the motion be rescinded so that Commissioners Franklin and Lando could comment on the April 11, 1990 minutes. Commissioner Rossas rescinded the motion.to approve the minutes'of April 11, 1990. Chairman Stevens deferred the April 11, 1990 minutes to the June 13th, 1990 meeting. y IV. CONSENT AGENDA There were no items to be discussed.- V. iscussed:V. BUSINESS 1. Election of Chairman, lst Vice Chairman and 2nd Vice Chairman for 1990-1991 Staff discussed with the Commission that Commissioner Franklin's term expires May 9th, 1990. He noted that an,item should be placed on the next month's agenda to, reappoint him. ` It was moved by Commissioner Lambert, seconded by Commissioner Rossas to nominate Commissioner Walter for Chairman; Commissioner Franklin for 1st ,Vice :Chairman. i The motion.. carried by the following vote:, AYES: Commissioners Rossas, Lambert, Crotts ,and Chairman Stevens; NOES: None; ABSENT: Commissioners Franklin and Lando; ABSTAINED: Commissioner Walter. The nominations were then opened for the position of 2nd Vice Chairman. It was moved by 'Commissi'oner Lambert,seconded by Commissioner Stevens, to nominate, Commissioner Rossas for 2nd -Vice' Chairman. The nominations were then closed. The motion' was carried by the following vote: AYES: Commissioners Lambert, Ciotts, Stevens and Chairman Walter; ABSENT: Commissioners Frariklin and Lando;, `ABSTAINED: Commissioner Rossas.. BUTTE COUNTY AIRPORT LAND USE COMMSSION 3 MINUTES. - May 9, 1990 2. Status Report - Butte County Planning'Commission consideration of rezoning land located under the northerly approach -zone of the Ranchaero Airport. Staff noted' that the Planning Commission-has'received the request from this.. Commission to initiate a rezone for 1/2 and 1 acre minimum zoning along Bidwell Avenue and to look at the A-5 zoning, west of Glenwood for conformity with the General Plan policies. Chairman Walter asked what the land the Planning Commission is rezoning to 1/2 acre is zoned now? Staff said the land was zoned A -SR, which allows 1/5 acre parcels and that the Commission has . initiated zoning for larger parcels minimums. Staff said that this Commission has made a finding that further division will result in an impact. Also, under the Airport Land Use Plan any proposed division within the approach zone that results in parcels less than 5 acres requires review by this Commission. Commissioner Lambert said that the Planning Commission asked Staff to bring back a range of possible zones. It may not be 1/2 and 1 acre, it could go 1 to 5 acres so that it is in conformity with the Airport Plan. Staff said they modified the application for rezoning to read, "to consider 1/2 acre minimums or larger". This rezoning should be to the Planning Commission by July, 1990. Commissioner Lambert asked if this item will `come back to this Commission after going to the Planning Commission? ; Staff said the State Law requires any 'rezone in the review area, ' to come to this Commission for comments. Chairman Walter asked Staff to put on the agenda- for the June 13, 1990 meeting, consideration of a specific recommendation to the Planning Commission for treatment of zoning and densities in the vicinity of the airport. Staff said it will probably be4a review of the Planning Commission's application and will be handled the same way as we reviewed the ,Tentative Parcel Map. Staff noted the City of Chico has requested this Commissions comments for review of an 'Annexation, General Plan Amendment and Rezone to the cities for the entire area out to Glenwood.* Staff commented that the Planning. Commission has initiated a rezone, and should be reflected in the City's plan. Staff noted that this item will be on the June 13, 1990 agenda for official comments. Z • • BUTTE COUNTY AIRPORT LAND USE CONMUSSION MINUTES - May 9, 1990 Alternate Commissioner Gerst asked the Commission for the floor. He said he was concerned about the County rezoning to smaller parcels than what the navigation zone or overlay zone would allow. Staff explained the current zoning allows smaller than 1/4 acre parcels. The 1/2 or 1 acre zoning would freeze the parcels from any further development. Alternate Commissioner Gerst noted that this Commission should be looking into the interest of Ranchaero airport. Chairman Walter explained that with the existing parcel sizes 1 acre zoning would have the same effect as 5 acre zoning as long as the airport was there. 4 Staff said there was a problem with compatibility with surrounding properties. Trying to pick an appropriate zone in terms of uses, setbacks and compatibility with the neighboring properties, and at the same time trying to control further division of the property. Alternate Commissioner Gerst said it is a safety issue. He noted that there are a lot of unbuildable lots in California. Staff noted that the problem the Commission gets into with Ranchaero is that if a parcel is rendered unusable by removing all economic uses, then you may be guilty of a taking, which means somebody is going to have to buy that property. The other problem here is that Ranchaero is a private airport, and using public funds to buy land for the benefit of a private third party creates other legal problems. Staff did not feel the Commission wanted to render these parcels unbuildable. Staff thought the Commission could freeze the parcels the size they are in the public interest without being guilty of a taking. Alternate Commissioner Gerst said according to the discussion that went on at the April meeting, the Donalson Parcel Map was increasing the density. He mentioned that it was common for a lot to become unbuildable. Commissioner Rossas said you are open to the charges of inversed condemnation. He said the Commission has to be very careful on how you word your action, and be sure to leave the appropriate openings of the person to recoup their investments. When they come before this Commission and the City Council again and again, you have to be very careful of what is said. Commissioner Gerst said he was trying to make a point. He said it is wrong for the Airport Land Use Commission to double the density around an airport. Chairman Walter said that if we force the airport out of business, we have used inverse condemnation on the airport owner and becomes a taking also. 4 . BUTTE COUNTY AIRPORT LAND USE CONDWSSION 5 -MlNUItS - May 9, 1990 . 'Chairman. Walter asked if the Planning Commission has taken into consideration the larger parcels west of Glenwood? Staff stated yes, and that there is existing A -SR zoning that is on the rural side of the Greenline. Chairman Walter said he would like to see someone from Ranchaero Airport on the Airport Land Use Commission. Commissioner Lambert requested staff to see if the airport manager could attend next' • . month's meeting, and she would see if he could serve as her alternate on the Commission. } 3. Status Report Review of City of Oroville 'General Plan conformity - Oroville Municipal Airport Environs. Commissioner Rossas reported that the Brandley report is at City Hall. He asked staff . if they had submitted any comments? Staff replied that no comments have been made at this time, however, the report is being reviewed. Commissioner Rossas stated that the final copy of the report should be in Mr. Brandley's office this week. .. Chairman Walter asked Staff to bring this item back as a status report on the June -13, 1990, agenda. 4. Status Report - Airport Zone, Code Amendments.' and Overlay Zone. Staff reported slow progress was being made.' , Staff said that the changes to the original draft involve height limits and limitations of . types of uses. The overlay `zone will prohibit'large numbers of people, within approach zone, that may be allowed by the existing zoning ,through the Use Permit process. Commissioner Lambert asked if an airport plan policy requires 5 acre minimums and is put over an area. zoned A -SR, would this -be considered an overlay? ;Staff stated the uses might be stricter than the normal zoning.would require, which is similar to the County's Watershed zones., Commissioner Lambert asked if the general plan supercedes the "zoning, will the Airport H BUTTE COUNTY AIRPORT LAND USE COMMISSION 6 MQNUTES - May 9, 1990 Plan supercede the zoning? Staff answered yes, to a certain degree. The overlay zone might permit the allowed primary use, but not allow certain use permit capabilities and possibly limit to building heights, which the zone might not. Staff said that the basic land use would remain appropriate for the area, but would be stricter because of the .proximity of the airport. Chairman Walter said that the Airport Plan would- effect the parcel sizes. Staff said the zoning and general plan has to be found in conformity with the Airport' Plan. We can not stop development on them totally, but we can minimize population densities by requiring them to be single family and by doing away with the ability to have a Use Permit for a church or a school. To the south of Ranchaero Airport there is an A-10 zone, which conforms to the policy of the Airport Land Use Plan,. but the A-10 zone allows for churches and schools with a Use Permit, and does nothing to limit the height of buildings or trees, etc., but would be limited with the overlay zoning. jCommissioner Lambert said that she understood that an Airport -Land Use Plan could be used as an overlay zone. Staff said if someone were to come in for a building permit and wanted to build a house, they would have to meet the zoning requirements. If the house happens to be too tall for the approach surface; there would be nothing -to stop them building as high as they wanted. Similarly, landscaping could penetrate the surfaces. The overlay zone would specify the description of the property affected in general terms for all airports or may specifically describe them for each airport. 5. Status Report - Chico Municipal Airport Environs Plan. Commissioner Crotts reminded the Commission that the application was in, and funding • should be available -in October. •`.Chairman Walter asked Staff to forward this item to the next month's meeting._ ` 6. 'Business from the Floor There was no one in the audience. Staff told the Commission that John Franklin, the owner of the Paradise Airport had been negotiating with his neighbors to the north to buy additional land in his clear zone area, and to process some boundary line modifications on the 4 narrower parcels to the north. Before too long he will have his clear zone pretty well protected either by fee title ownership or by no development easements. This action will. help protect the airport. BUTTE COUNTY AIRPORT LAND USE COM USSION 7 MINUTES - May 9, 1990 , VI. CORRESPONDENCE � Staff reported the Planning Department has* received a report titled "Aviation and Economic Development in California", reported -to -the legislature, prepared by Division of Aeronautics at Caltrans and is, available, for viewing.. Staff reminded the Commission that the review of the Chico Annexation, prezone and. general plan amendment for the area that is north of the -creek in the Ran_chaero area will be on June's agenda. VII. REFERRALS TO STAFF AND. FORMATION OF COMMITTEES None. y VIII• —ANNOUNCEMENTS. '• Chairman Walter announced that the Chico Planning Commission will be hearing the - Blakeley Swartz proposed Nance Canyon project today at 3:00 p.m. It was moved by Chairman Walter, seconded by Commissioner Stevens and unanimously carried to adjourn the meeting of May 9, 1990 at 10:12 a.m. The next meeting will be on June 13, 1990. CARL WALTER, Chairman Airport Land Use Commission /jlo •a4 y r • * t • BUTTE COUNTY AIRPORT LAND USE COMMISSION MINUTES - April 11, 1990 The meeting of the Airport Land Use Commission (ALUC) was called to order. at 9:05 a.m. on April 11, 1990, in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. I. PLEDGE OF ALLEGIANCE II. ROLL CALL Present: Commissioners Franklin, Rossas, Lando, Lambert, Crotts and Gerst. Absent: Commissioner Walter and Chairman Stevens Staff: ' David ' Hironimus and Jackie O'Brien III. APPROVAL OF MINUTES Commissioner Lando had the following corrections of minutes of March 14, 1990. Page 2, 6th paragraph delete "said that the Commission should start prior to any Greenline review. He said"; last paragraph change "get" to "require";. Page 3, 5th paragraph delete "said there were not enough properties involved and"; 6th paragraph change "withdrew" to "acknowledged withdrawal of"; .11th paragraph change "stay" to "remain without further parcel splits"; Page 4, 7th paragraph change "Commission" to "City". Commissioner Lambert had the following correction to the minutes -of March 14, 1990. Page 4, 3rd paragraph change "any concerns" to "zoning concerns beyond Glenwood to the west". Approval of the minutes was deferred to the meeting of May 9, 1990. BUTTE COUNTY AIRPORT LAND USE COMIVIISSION 2 MINUTES - April 11, 1990 IV. CONSENT AGENDA There were no items to be discussed. V. BUSINESS 1. Request for reconsideration of the Tentative Parcel Map, AP 042-150-053. for Donalson-Galli Construction for Conformance with Ranchaero Airport Land Use Plan. Staff said the applicant requested this Commission to reconsider this project. Commissioner Lando asked what Item #2 was referring to on the agenda. At the last meeting, staff was asked to put an item on the agenda to formerly request the Butte County Planning Commission consider rezoning the area along Bidwell to not less than 1/2 acre parcels. Commissioner Lando asked which properties would be affected. Staff said that within the packets that there was an Assessor Parcel page that shows the areas, Parcel 53, 52, 54, 55, 12, 48 and additional properties going back to the west. The area immediately to the north and east of this area is all divided down to roughly 1/3 acre parcels. Commissioner Lambert asked if this item had gone before the Board of Supervisors for discussion. Staff said that this was not discussed at the Board level or at the Advisory Agency pending the outcome of this meeting. Commissioner Lando asked if the Commission acted on item #2, how quickly would the County rezone those properties. Staff said they will put this request on the April 26th Planning Commission agenda for initiation of the rezoning. Staff said this rezone will have to go through the CEQA process before being set for hearing. Staff said this should be heard by July or August. It was moved by Commissioner Lando, seconded by Commissioner Franklin and carried for approval by the following vote: BUTTE COUNTY AIRPORT LAND USE COM MSSION 3 MDMTES - April'119 19% AYES: Commissioners Franklin, Rossas, Lando, Lambert, and Crotts; NOES: Commissioner Gerst; • ABSENT: Commissioner Walter and Chairman Stevens., 2. Discussion - Request for the Butte County Planning Commission to consider rezoning land located under the northerly. approach of the Ranchaero Airport. Staff asked for definition of the area being considered for rezoning by the Commission r - fronting on Bidwell Avenue. ' Commissioner Lando said he was talking about property fronting on Bidwell Avenue from Parcel 48 through 56 as shown on the Assessor's Parcel maps included in the Commissions packets. -j Commissioner Lando said he would -request parcels 48 through 56 be rezoned and restrict the back portions from developing any smaller. ;Staff' said the -airport has Vbeen in the Hill family for years, and is -one of the oldest airports in Butte County, but as with°any private ownership use, the airport could shut_ down at any time if there was enough pressure around .the airport. Commissioner Rossas was wondering when it's going to get to the point that the airport =' .property is worth more 'to .be subdivided, than , to operate as an airport,. and if other property around it (which .would not be as large an acreage involved), would then subdivide, if there were not an, airport there... Staff said that would be a question for the Planning Commission regarding the Greenline. The area will not develop much more with existing planning policies. ' R ' Commissioner Rossas said this should be a County -decision and they should not have allowed so much encroachment near the airport. His concern is if the airport will be there long or will..the owners find it easier ;to sell the airport property. Staff 'said that as long as the Commission has control of planning policies, they can prevent further encroachment into the approach zones, the airport has a good chance of being there for awhile. Commissioner Rossas said in that case the County should define ;the flight pattern. Staff said that the flight pattern -has been defined as having a higher than average amount of aircraft overflying that wide fan area marked on'the map. The narrow line on the map was. using guidelines from the Airport Land Use Planning Handbook BUTTE COUNTY AIRPORT LAND_ USE COMMNIISSION .4 MINUTES' - April 11, 1990 showing how it relates to .the average. airport, but this .airport has a special circumstance and• required widening .the approach zone to the west, and adopting that plan. Commissioner Lando said he still would make -the motion to rezone to at least 1/2 acre - parcels and to not allow development within the westerly fan. Commissioner Franklin recognized the motion to rezone 48, 12, 55, 43, 52, 56 and over ' to Glenwood along the dotted line defined theyeby•Commissioner Lando, to at least'1/2 acre parcels. - It was moved by Commissioner. Lando, seconded by Commissioner Lambert, and unanimously carried. -to request rezoning to no smaller than ' 1/2 acre over to Glenwood. . 3. • Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport,Environs... . Commissioner Rossas asked if anyone had any changes? The Commissioner's had no changes. Commissioner Rossas said the report will go back to Mr. Brandley for any changes he might have. , 4. Status Report - Aiipor_t . Zone, Code Amendments. and Overlay Zone. Staff said there was nothing new to report. Staff hoped to get -some drafts out to the Planning Commission for the next meeting. 5. Status Report Chico Municipal Airport Environs Plan. Commissioner Lando said the Commission_ has applied for FAA funds. Funding will - hopefully come in October. 6. Business from the .Floor There was none.. VI. CORRESPONDENCE- There was none. VII. REFERRALS TO STAFF AND ,FORMATION OF COMMITTEES None. BUTTE COUNTY AIRPORT LAND USE CON MUSSION 5 MINUTES - April 11, 1990 VIII. ANNOUNCEMENTS The next meeting will be on May 9, 1990. The meeting was adjourned at 9:30 a.m. PAT STEVENS, Chairman Airport Land Use Commission /jlo BUTTE COUNTY AIRPORT LAND USE COMNUSSION AGENDA MAY 9, 1990 . ....+•.....«.z!:*.r...,w...:.s...,.�:.<o:r....:..�;c•,...:...,;..;..:ta:iii:;iiii:::%%i::::•...;M;:v...;.....w.;:ro TIME: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance II. Roll Call III. Approval of Minutes of March 14 and April 11, 1990. IV. Consent Agenda V. Business 1. Election of Chairman, 1st Vice Chairman and 2nd Vice Chairman for 1990-1991 2. Status Report - Butte County Planning Commission consideration of rezoning land located under the northerly approach zone of the Ranchaero Airport. 3. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. 4. Status Report - Airport Zone, Code Amendments, and Overlay Zone. 5. Status Report - Chico Municipal Airport Environs Plan. 6. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda) VI. Correspondence VII. Referrals to Staff and Formation of Committees VIII. Announcements 1. Next meeting is scheduled for June 13, 1990. County - L A N D O F NATURAL W EALT H A N D BEAUTY PLANNING DEPARTMENT _ 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 '• TELEPHONE: (916) 538-7601 BUTTE COUNTY AIRPORT LAND USE COMNUSSION AGENDA MAY 9, 1990 . ....+•.....«.z!:*.r...,w...:.s...,.�:.<o:r....:..�;c•,...:...,;..;..:ta:iii:;iiii:::%%i::::•...;M;:v...;.....w.;:ro TIME: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance II. Roll Call III. Approval of Minutes of March 14 and April 11, 1990. IV. Consent Agenda V. Business 1. Election of Chairman, 1st Vice Chairman and 2nd Vice Chairman for 1990-1991 2. Status Report - Butte County Planning Commission consideration of rezoning land located under the northerly approach zone of the Ranchaero Airport. 3. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. 4. Status Report - Airport Zone, Code Amendments, and Overlay Zone. 5. Status Report - Chico Municipal Airport Environs Plan. 6. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda) VI. Correspondence VII. Referrals to Staff and Formation of Committees VIII. Announcements 1. Next meeting is scheduled for June 13, 1990. BUTTE COUNTY AIRPORT LAND USE CONSMSION MINUTES - April 11, 1990 The meeting of the Airport Land Use Commission (ALUC) was called to order at 9:05 a.m. on April 11, 1990, in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. I. PLEDGE OF ALLEGIANCE IL ROLL CALL Present: Commissioners Franklin, Rossas, Lando, Lambert, Crotts and Gerst. Absent: Commissioner Walter and Chairman Stephens. Staff. David Hironimus and Jackie O'Brien III. APPROVAL OF MINUTES Commissioner Lando had the following corrections of minutes of March 14, 1990. Page Page 2, 6th paragraph delete "said that the Commission should start prior to any Greenline review. He said"; last paragraph change "get" to "require"; Page 3, 5th paragraph delete "said there were not enough properties involved and"; 6th paragraph change "withdrew to "acknowledged withdrawal of"; 11th paragraph change "stay" to "remain without further parcel splits"; Page 4, 7th paragraph change "Commission" to "City". Commissioner Lambert had the following correction to minutes of March 14, 1990. Page 4, 3rd paragraph change "any concerns" to "zoning concerns beyond Glenwood to the west". Approval of the minutes was deferred to the meeting of May 9, 1990. BUTTE COUNTY AIRPORT LAND USE CONMUSSION 2 MINUTES - April 11, 1990 IV. CONSENT AGENDA There were no items to be discussed. V. BUSINESS , 1. Request for reconsideration of the Tentative Parcel Map, AP 042-150-053. for . Donalson-Galli Construction for Conformance with Ranchaero Airport Land Use Plan. Staff said the applicant requested this Commission to reconsider this project. Commissioner Lando. asked what Item #2 was referring to on the agenda. At the last meeting, staff was asked to put an item on the agenda to formerly request the Butte County Planning Commission consider rezoning the area along Bidwell to not less than 1/2 acre parcels. Commissioner Lando asked which properties would be affected. Staff said that within the packets that there was an Assessor Parcel page that shows the areas, Parcel 53, 52, 54, 55, 12, 48 and additional properties going back to the west. The area immediately to the north and east of this area is all divided down to roughly 1/3 acre parcels. Commissioner Lambert asked if this item had gone before the Board of Supervisors for discussion. Staff said that this was not discussed at the Board level or at the Advisory Agency pending the outcome of this meeting. Commissioner Lando asked if the Commission acted on item #2, how quickly would the County rezone those properties. Staff said they will put this request on the April 26th Planning Commission agenda for initiation of the rezoning. Staff said this rezone will have to go through the CEQA process before being set for hearing. Staff said this should be heard by July or August. It was moved by Commissioner Lando, seconded by Commissioner Franklin, and . unanimously carried to approve this division. BUTTE COUNTY AIRPORT L4,ND USE. CON aUSSION . 3 MINUTES - April 11, 1990. 2. Discussion - Request for the Butte County Planning Commission to consider rezoning land located under the northerly approach of the Ranchaero Airport Staff asked for definition of the area being considered for rezoning by the Commission fronting on Bidwell Avenue. Commissioner Lando said he was talking about property fronting on Bidwell Avenue from Parcel 48 through 56 as shown on the Assessor's Parcel maps included in the Commissions packets. Commissioner Lando said he would request parcels 48 through 56 be rezoned and restrict the back portions from developing any smaller. Staff said the airport has been in' the Hill family for years, and is one of the oldest airports in Butte County, but as with any private ownership use, the airport could shut down at any time .if there was enough pressure around the airport. Commissioner Rossas was wondering when it's going to get to the point that the airport property is worth more to be subdivided, than to operate as an airport, and if other property around it (which would not be as large an acreage involved), would then subdivide, if there were not an airport there. Staff said that would be a question for the Planning Commission regarding the Greenline. The area will not develop much more with existing planning policies. Commissioner Rossas said this should be a County decision and they should not have allowed so much encroachment near the airport. His concern is if the airport will be there long or will the owners find it easier to sell the airport property. Staff said that as long as the Commission has control of planning policies, they can prevent further encroachment into the approach zones, the airport has a good chance of being there for awhile. Commissioner Rossas said in that case the County should define the flight pattern Staff said that the flight pattern has been defined as having a higher than average amount of aircraft overflying that wide fan area marked on the map. The narrow line on the map was using guidelines from the Airport. Land Use Planning Handbook showing how it relates to the average airport, but this airport has a special circumstance and required widening the approach zone to the west, and adopting that plan. Commissioner Lando said he still would make the motion to rezone to at least 1/2 acre parcels and to not allow development within the westerly fan. BUTTE COUNTY AIRPORT LAND USE COM MSSION 4 MINUTES - April 119 1990 Commissioner Franklin recognized the motion to rezone 48, 12, 55, 43, 52, 56 and over to Glenwood along the dotted line defined thereby Commissioner Lando, to at least 1/2 acre parcels. It was moved by Commissioner Lando, seconded "by Commissioner Lambert, and unanimously carried to request rezoning to no smaller than 1/2 acre over to Glenwood. 3. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. Commissioner Rossas asked if anyone had any changes? The Commissioner's had no changes. Commissioner Rossas said the report will go back to Mr. Brandley for any changes he might have. 4. Status Report - Airport Zone Code Amendments and Overlay Zone Staff said there was nothing new to report. Staff hoped to get 'some drafts out to the Planning Commission for the next :meeting. 5. Status Report - Chico Municipal Airport Environs Plan Commissioner Lando said the Commission. has applied for FAA funds. Funding will hopefully come in October. 6. Business from the Floor There was none. VI. CORRESPONDENCE There was none. VII. REFERRALS TO STAFF AND. FORMATION OF COMMITTEES None. BUTTE COUNTY AIRPORT LAND USE CONMUSSION 5 MINUTES - April 11, 1990 VIII. ANNOUNCEMENTS The next meeting will be on May 9, 1990. The meeting was adjourned .at 9:30 a.m. • 4 utt Count LAND OF NATURAL WEALTH AND BEAUTY PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 BUTTE COUNTY AIRPORT LAND USE CONMUSSION AGENDA APRIL 11, 1990 TIME: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance. II. Roll Call III. Approval of Minutes of March 14,1990. IV. Consent Agenda . V. Business 1. Request for reconsideration of the Tentative Parcel Map, AP 042-150-053, for Donalson-GalliConstruction for Conformance with Ranchaero Airport Land Use Plan. 2. Discussion - Request for the Butte County Planning Commission to consider rezoning land located under the northerly approach zone of the Ranchaero Airport. 3. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. 4. Status Report - Airport Zone, Code Amendments, and Overlay Zone. S. Status Report - Chico Municipal Airport Environs Plan. 6. Business from the floor - (Presentations will be limited to three minutes. The Airport =.v Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda) VI. Correspondence VII. Referrals to Staff and Formation of Committees VIII. Announcements 1. Next meeting is scheduled for May 9, 1990. T r • BUTTE COUNTY AIRPORT LAND USE ' COMNIISSION MINUTES - March 14, 1990 The meeting of the Airport Land Use Commission (ALUC) was called to order at 9:05 a.m.on February 14, 1990,r in the„ Board of Supervisors' Room, County, Administration Center, 25 County Center Drive, Oroville, .California. - I: PLEDGE,OF ALLEGIANCE , II. ROLL- CALL • Present: Commissioners Rossas, Lando, Walter, Lambert, Crotts and Chairman Stevens.. Absent: Commissioner Franklin Staff: David Hironimus an&Jackie O'Brien - r III. APPROVAL OF MINUTES It was moved by Commissioner Walter, seconded by Commissioner Lando, and ~ unanimously carried to approve the minutes -of January 10, 1990 and February 14, 1990 as corrected: Commission' had the following corrections of minutes of January 10, 1990. Page 1 - change Roll Call Commissioner: Walter absent, Page 1, 3rd paragraph change "Commissioner Walter" to "Commissioner Lambert", Page 3, 8th paragraph add, "about the rezone", Page 3, last paragraph add, "occurred at the•Planning Commission hearing: Page 4, 3rd paragraph change "Commissioner Walter" to "Commissioner Lambent". Commission had the following corrections of minutes of -February 14, 1990. Page 2, 9th paragraph delete, "and • try to. wipe the slate clean"; Page 3, 4th paragraph add, "and that she. would relay the ALUC's recommendation for avigation. easement". - IV. CONSENT AGENDA There were no items to be discussed. r .. • • BUTTE COUNTY AIRPORT LAND USE COMMISSION 2 MINUTES -March 14, 1990 V. BUSINESS 1. Review - Tentative Parcel Map. AP #042-150-053. Conformance with Ranchaero Airport Land Use Plan Staff gave the Commissioners a memo and maps for both the parcel split and the Ranchaero Airportarea. He said the parcel is north of the approach/departure area. He said it has been zoned 1/4 acre and smaller parcels for years. Policies of the Airport Land Use plan for Ranchaero Airport would allow parcels that small with the Commissions review. . Chairman Stevens asked if there was any discussion. Chairman Walter said there are lots of 1 acre parcels surrounding the subject property, and if this policy is established, the other parcels will be recommended by Staff for approval under thesame conditions and the same justifications. Staff said that along Bidwell Avenue and on both sides of the parcel there are 3 parcels that are similar, the area north, east, and northwest are already developed into parcels 1/2 the size of those that are proposed.There are only 6 other parcels that could develop. He said that it could be found to conform with the policies of the Ranchaero Airport Land Use Plan or the Commission could make a motion that it does not conform. Chairman Stevens said she would vote no. She said it is too close to flight patterns. Commissioner Lando said that the Commission should start prior to any Greenline review. He said they would have to go through the EIR process for creating a 1/2 acre parcel zone. - It was moved by Commissioner Lando and seconded by Commissioner Crotts to find the Tentative Parcel Map is in conformance with Ranchaero Airport Land Use Plan. Chairman Stevens asked if there were any further discussions. Commissioner Lambert said she would support it. She said her concern is that the avigation easement does not notify buyers in this area. She said if the Commission was to approve development, the people surrounding should be notified. Staff said avigation easements are on most title reports. He said that mostof the parcels do not have avigation easements because they were created before the Commission was formed. Commissioner Lando said that you can't get avigation easement on private airports. 0 • BUTTE COUNTY AIRPORT LAND USE COMMMSION 3 MINUTES - March 14, 1990 Commissioner Walter said the Commission could shift the pattern by moving it up creek, which would take problems off the Silvertree group. Commissioner Walter read from the staff memo. He said he didn't see how it was consistent with the Plan. Staff said the plan states the density can be increased with ALUC's approval. He said better wording for the plan should be, "they are conditionally compatible subject to ALUC's findings for smaller parcels". Commissioner Walter said that the Commissions policy is to make their best recommendations to the Board of Supervisors and that he doesn't see how this conforms with Ranchaero Airport Land Use Plan. Commissioner Lando said there were not enough properties involved and withdrew the motion. Chairman Stevens withdrew the motion and asked if there were any other motions on the floor. Chairman Walters made a motion to find that the project to create two 1/2 acre parcels does not conform to the policies of the Ranchaero Airport Land Use Plan and that further increases in density in this area further compromise the safety and useability of the airport. Seconded by Commissioner Crotts. Chairman Stevens asked if there was any further discussion of the motion on the floor. The motion was unanimously carried. Commissioner Lambert asked what was the Commission's action with the parcels on Glenwood. Commissioner Lando said that the parcels on Glenwood should be zoned in a size that they will stay. Commissioner Lambert asked staff to bring it back up on the next agenda. Commissioner Walter instructed staff to bring it back with a draft motion. Staff said the property owners would be notified for the Planning Commission hearing and that this agency recommends that the Commission initiate the hearing. BUTTE COUNTY AIRPORT LAND USE COMMISSION 4 MINUTES - March 14, 1990 Commissioner Lando said he was interested in the parcels along the creek and Bidwell Avenue. Staff said that there are other problems on Bidwell Ave. that should be addressed as part of any rezone. 0 , Commissioner Lambert said that the Greenline zoning would take care of Cy 2. Status Reoort - Review of Citv of Oroville General Plan conformity - Oroville Municilal Airport Environs Commissioner Rossas received the report from Mr. Brandley with the conditions and policies for ALUC review and that the soil analysis was not included. He said it was so .well written that.it could be used for bidding. 3. Status Report - Airport Zone, Code Amendments. and Overlay Zone Staff said they were making slow progress. He said when this goes to hearing they will primarily be looking at height limits, overlay zonings, and the types of uses. Chairman Stevens asked to bring this item back up on the next agenda. 4. Status Report - Chico Municipal Airport Environs Plan Commissioner Lando said the Commission was submitting the application for the FAR 150 Study and that FAA should fund this in the' next fiscal year. He said that they are going to meet with FAA. 5. Business from the Floor There was none. Commissioner Franklin arrived at 9:30 a.m. VI. CORRESPONDENCE Staff said they recently received the summary titled "Aviation: The Third Dimension of - California Infra -Structure report and that it was available in the office for viewing. Commissioner Lando left at 9:34 a.m. Commissioner Rossas left at 9:35 a.m. BUTTE COUNTY AIRPORT LAND USE COMMISSION 5 MINUTES - March 14, 1990 Commissioner Walter said AOPA has kits for those who make speeches on aviation and he had the information available. VII. REFERRALS TO STAFF AND FORMATION OF COMMITTEES None. VIII. ANNOUNCEMENTS Commissioner Walter said he would be absent at the next meeting due to traveling. The next meeting -Will be on April 11, 1990. The meeting was adjourned at 9:35 p.m. PAT STEVENS, Chairman Airport Land Use Commission /jlo Inter -Departmental Memorandum TO: Airport Land Use Commission FROM: Planning Staff SUBJECT: Review of Tentative Parcel Map for Donalson-Galli Construction, AP# 042-150-053 for Conformity with Ranchaero Airport Land Use Plan DATE: April 5, 1990 The applicant for the above referenced project has requested a reconsideration of his project by the Airport Land Use Commission. The following paragraphs are a reprint of the staff memo to the Commission in March. The above referenced project is located on Bidwell Avenue approximately 1/2 mile north of Ranchaero Port Runway. The project site is located within the approach zone (2) as shown on the attached map. Review of this Tentative Parcel Map is necessary because the policies of the Ranchaero Airport Land Use Plan indicate that single family dwellings as permitted by the zone are appropriate in the approach zone only when the population density is not more than 1 single family residence per 5 acres within 1 mile of the runaway end. This is subject to ALUC review. This Commission has the ability to approve residential densities in excess of 1 dwelling unit per 5 acres. The Commission has done this routinely in the areas north of Bidwell Avenue that have been zoned for single family dwellings at 4 to .6 dwelling units per acre densities for the past several years. While finding this Tentative Parcel Map and its resulting densities in conformity with the Airport Land Use Plan for Ranchaero Airport would be consistent with previous actions in the immediate area, it should be noted that this project is also located directly underneath the modified approach and departure patterns discussed in the Land Use Plan text which bends flight patterns to the west in order to avoid the residential areas nearby. This modified flight pattern resulted in the broad fan shaped area shown on the map which differs radically from the approach zone to the south of the runway. Past discussions with the operators of Ranchaero Airport indicate that most traffic deviates to the left over the creek on northbound departures. Similarly, traffic approaches from the west over the creek for a southbound approach. This should also be noted that the existing parcel of 1 acre currently does not conform to the 5 acre per dwelling unit density requirement of the Airport Land Use Plan policy. Recommendations: Find that the project to create two 1/2 acre parcels conforms to the policies of Ranchaero Airport Land Use Plan due to existing development in the area of similar and higher densities and that approval of this project would be in keeping with that development as _ infilling. DRH:jlo Attachments: Maps North 1"= 2000' BUTTE COUNTY ZONING 12 A-10 ... Agricultural,M10 ac. min. - .='PAC/PUD..Planned Development A-40 ... Agricultural., 40 ac. min. R-1 ...... Residential SR -1 ... Suburban Residential, 1 ac. min. R-2 ...... Residential S -R .... Suburban Residential R-3 ...... Residential A -SR ... Agricultural Suburban Residential H-1 ...... Light Industrial C-1 .... Light Commercial C-2 ...... General Commercial 12 Rk t H 9� H � N n O 1 i � LJt 'T1 CD QJ Co n U . rn H H N En O n o � i � LJt 'T1 CD QJ Co n U . rn z . 0 01 - .... ....... -Sym �` cou, u V .Q.�LAND OF NATURAL WEALTH AND B E A U T Y 'PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 BUTTE COUNTY AIRPORT LAND USE COMMISSION AGENDA MARCH 14, 1990 TIME: 9:oo a.m. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95%5 I• Pledge of Allegiance II. Roll Call III• Approval of Minutes of January 10, 1990 and February 14, 1990. IV. Consent Agenda V. Business 1. Review - Tentative Parcel Map, AP 042-150-053, Conformance with Ranchaero Airport Land Use Plan. 2. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. 3. Status Report - Airport Zone,. Code Amendments, and Overlay Zone. 4. Status Report - Chico Municipal Airport Environs Plan. 5. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda) VI. Correspondence VII• Referrals to Staff and Formation of Committees VIII. Announcements 1• Next meeting is scheduled for April 11, 1990. 0, Inter-Departmental. Memorandum TO: Airport Land Use Commission FROM: Planning Staff SUBJECT: Review of Tentative Parcel Map for Donalson-Galli Construction, AP# 042-150-053 for Conformity with Ranchaero Airport Land Use Plan DATE: March 7, 1990 The above referenced project is located on Bidwell Avenue approximately 1/2 mile north of Ranchaero Port Runway. The project site is located within the approach zone (2) as shown on the attached map. Review of this Tentative Parcel Map is necessary because the policies of the Ranchaero Airport Land Use Plan indicate that single family dwellings as permitted by the zone are appropriate in the approach zone only when the population density is not more than 1 single family residence per 5 acres within 1 mile of the runaway end. This is subject to ALUC review. This Commission has the ability to approve residential densities in excess of 1 dwelling unit per 5 acres. The Commission has done this routinely in the areas north of Bidwell Avenue that have been zoned for single family dwellings at 4 to 6 dwelling units per acre densities for the past several years. While finding this Tentative Parcel Map and its resulting densities in conformity with the Airport Land Use Plan for Ranchaero Airport would be consistent with previous actions in the immediate area, it should be noted that this project is also located directly underneath the modified approach and departure patterns discussed in the Land Use Plan text which bends flight patterns to the west in order to avoid the residential areas nearby. This modified flight pattern resulted in the broad fan shaped area shown on the map which differs radically from the approach zone to the south of the runway. Past discussions with the operators of Ranchaero Airport indicate that most traffic deviates to the left over the creek on northbound departures. Similarly, traffic approaches from the west over the creek for a southbound approach. This should also be noted that the existing parcel of 1 acre currently does not conform to the 5 acre per dwelling unit density requirement of the Airport Land Use Plan policy. Recommendations: Find that the project to create two 1/2 acre parcels conforms to the policies of Ranchaero Airport Land Use Plan due to existing development in the area of similar and higher densities and that approval of this project would be in keeping with that development as infilling. DRH:jlo Attachments: Maps North 1"= 2000' A-10 ... Agricultural, 10 ac. A-40 ... Agricultural., 40 ac. SR -1 ... Suburban Residential, S -R .... Suburban Residential A -SR ... Agricultural Suburban C-1 .... Light Commercial BUTTE COUNTY ZONING min. min. 1 ac. min. Residential 12 PAC/PUD..Planned Development R-1 ...... Residential R-2 ...... Residential R-3 ...... Residential M-1 ...... Light Industrial C-2 ....... General Commercial _ <�COUNTY OF BU M • MAY .5 i98� LanG Uevelopment'Sec. ,T043 PARCFI MAP ,6/DWELL Vnd. SUB. T. 22N. R.E., MD P,eo,,�cr S1T-AE 330 ,(49.93 Ir LJT30 Z; r I mom{ '.!9 4C. SACRAMENTO 61I� L _ _ - ` , 4 PARK :SUB. 81(43 I to ORIOLF cr ,. 63 1.66' ' I X58 - I -4o :zo 0 I i -� ice? IQ L 1 (..r CAR 5NAL CT" u' 0,4c. SILV£F TREE SUB I 50(UNIT 256 ) HERON 1.j SILVER TREE 2',SgB, PHASE 1 ` �, I a S 2 2 ;\PHA E 2 - — — �,, I I BIG CHICO CREDO \ L ia `'°" r C. — FLAMING02 RD I .; , ESTATES�.UNIT 4 ' i Prr13- 90 �p.�Cb _ 15 Cc l I ` 48 4 I - .02 Ac .65 °c 44 ac 43 -- -- I n ----- - ��O .93N 0.66ac31 ft PM 50-15 76.Pwa$• 100100 F� .moo '0-12i... 1 y moi. /�;, I \ E• of r•SZ I rSoBF �- 2/ AVE- r _ - Bidwell 2nd Sub. M.O.R. Bk. 5 P9. 27 C 143-39 Al.MEMDIA o40 4 --------.._':I. -_ GILBERT L/y� m JJ [PM 50; r F62] 52 .I j WALNUT :00 WOODS 8 : _ ; I �o I- �-: �a ,b ' I S.aC .:,v ,NTO SACRAMENTO AVEEST. • 330 , _ .. S1T-AE 330 ,(49.93 Ir LJT30 Z; r I mom{ '.!9 4C. SACRAMENTO 61I� L _ _ - ` , 4 PARK :SUB. 81(43 I to ORIOLF cr ,. 63 1.66' ' I X58 - I -4o :zo 0 I i -� ice? IQ L 1 (..r CAR 5NAL CT" u' 0,4c. SILV£F TREE SUB I 50(UNIT 256 ) HERON 1.j SILVER TREE 2',SgB, PHASE 1 ` �, I a S 2 2 ;\PHA E 2 - — — �,, I I BIG CHICO CREDO \ L ia `'°" r C. — FLAMING02 RD I .; , ESTATES�.UNIT 4 ' i Prr13- 90 �p.�Cb _ 15 Cc l I ` 48 4 I - .02 Ac .65 °c 44 ac 43 -- -- I n ----- - ��O .93N 0.66ac31 ft PM 50-15 76.Pwa$• 100100 F� .moo '0-12i... 1 y moi. /�;, I \ E• of r•SZ I rSoBF �- 2/ AVE- r _ - Bidwell 2nd Sub. M.O.R. Bk. 5 P9. 27 Assessor's Map No. 42- /5 County of Butte, Calif. REVISE:: 2- 89 C 143-39 m JJ Assessor's Map No. 42- /5 County of Butte, Calif. REVISE:: 2- 89 BUTTE COUNTY AIRPORT LAND USE COMMISSION NIINMS - March 14, 1990 The meeting of the Airport Land Use Commission (ALUC) was called to order at 9:05 a.m. on February 14, 1990, in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, -California. I. PLEDGE OF ALLEGIANCE II. ROLL CALL Present: Commissioners Rossas, Lando, Walter, Lambert, Crotts and Chairman Stevens. Absent: Commissioner Franklin Staff. David Hirommus and Jackie O'Brien III. - APPROVAL OF MINUTES It was.moved by Commissioner Walter, seconded by Commissioner Lando, and unanimously carried -to approve the minutes_of,January 10, 1990,and February 14, 1990 as corrected. _ c ' Commission had the following corrections of minutes of January 10, 1990. Page 1 change Roll Call Commissioner Walter absent,. Page 1, 3rd paragraph change "Commissioner Walter" to "Commissioner Lambert", Page 3, -8th paragraph add, "about the rezone", Page 3, last paragraph add, "occurred 'at the Planning Commission. hearing. Page 4, 3rd paragraph change "Commissioner Walter" to "Commissioner Lambert". t Commission had the following corrections of minutes of February 14, 1990. Page 2; 9th paragraph delete, "and try to wipe the slate clean", Page 3, 4th paragraph add, "and that she would relay the ALU.C's recommendation for avigation easement". IV. - CONSENT AGENDA There were no items to be discussed. BUTTE COUNTY AIRPORT LAND USE COMMISSION 2 MINUTES - March -14, 1990 V. BUSINESS 1. Review - Tentative Parcel Map, AP.#042-150-053. Conformance with Ranchaero Airport Land Use Plan Staff gave the Commissioners a memo and maps for both the parcel split and the Ranchaero Airport area. He said the parcel is north of the approach/departure area. He said it has been zoned 1/4 acre and smaller parcels for years., Policies of the Airport Land Use plan for Ranchaero Airport would allow parcels that small with the Commissions review. Chairman Stevens asked if there was any discussion. Chairman Walter said there are lots of 1 acre parcels surrounding the subject property, and if this policy is established, the other. parcels will be recommended by Staff for approval under the same conditions and the same justifications. Staff said that along Bidwell Avenue and on both sides of the parcel there are 3 parcels that are similar, the area north, east, and northwest are already developed into parcels 1/2 the size of those that are proposed....There are.. only. 6 other parcels that could develop. He said that it could be found to conform with the policies of the Ranchaero Airport Land Use Plan or the Commission could make a motion that it does not conform. Chairman Stevens said she would vote no. She said it is too close to flight patterns. Commissioner Lando said that the Commission should start prior to any, Greenline review. He said they would have to go through the EIR process for creating a 1/2 acre parcel zone. It was moved by Commissioner Lando and seconded by Commissioner Crotts to find the Tentative Parcel Map is in conformance with Ranchaero Airport Land Use Plan. Chairman Stevens asked -if there were any further discussions. Commissioner Lambert said she would support -it. She said her concern is that the avigation easement does not notify buyers in this area. She said if the Commission was to approve development, the people surrounding should be notified. ' Staff said avigation easements are on most title reports. He said that most of the parcels do not have avigation easements because they were created before the Commission was formed. Commissioner Lando said that you can't get avigation easement on private airports. • BUTTE COUNTY AIRPORT LAND USE COMMISSION 3 MINUTES - March 14, 1990 Commissioner Walter said the Commission could shift the pattern by moving it up creek, which would take problems off the Silvertree group. Commissioner Walter read from the staff memo. He said he didn't see how it was consistent with the Plan. Staff said the plan states the density can be increased with ALUC's approval. He said better wording for the plan should be, "they are conditionally compatible subject to ALUC's findings for smaller parcels". Commissioner Walter said that the Commissions policy is to make their best recommendations to the Board of Supervisors and that he doesn't see how this conforms with Ranchaero Airport Land Use Plan. Commissioner Lando said there were not enough properties involved and withdrew the motion. Chairman Stevens withdrew the motion and asked if there were any other motions on the floor. Chairman Walters made a motion to find that the project to create two 1/2 acre parcels does not conform to the policies of the Ranchaero Airport Land Use Plan and that further increases in density in this area further compromise the safety and useability of the airport. Seconded by Commissioner Crotts. Chairman Stevens asked if there was any further discussion of the motion on the floor. The motion was unanimously carried. Commissioner Lambert asked what was the Commission's action with the parcels on Glenwood. Commissioner Lando said that the parcels on Glenwood should be zoned in a size that they will stay. Commissioner Lambert asked staff to bring it back up on the next agenda. Commissioner Walter instructed staff to bring it back with a draft motion. Staff said the property owners would be notified for the Planning Commission hearing a and that this agency recommends that the Commission initiate the hearing. BUTTE COUNTY AIRPORT LAND USE COMMISSION 4 MINUTES - March 14, 1990 Commissioner Lando said he was interested in the parcels along the creek and Bidwell Avenue. Staff said that there are other problems on Bidwell Ave. that should be addressed as part of any rezone. Commissioner Lambert said that the Greenline zoning would take care of any concerns. 2. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs Commissioner Rossas received the report from Mr. Brandley with the conditions and policies for ALUC review and that the soil analysis was not included. He said it was so well written that it could be used for bidding. 3. Status Report - Airport Zone. Code Amendments. and Overlay Zone Staff said they were making slow progress. He said when this goes to hearing they will primarily be looking at height limits, overlay zonings, and the types of uses. Chairman Stevens asked to bring this item back up on the next agenda. 4. Status Report - Chico Municipal Airport Environs Plan Commissioner Lando said the Commission was submitting the application for the FAR 150 Study and that FAA should fund this in the next fiscal year. He said that they are going to meet with FAA. 5. Business from the Floor There was none. Commissioner Franklin arrived at 9:30 a.m. VI. CORRESPONDENCE Staff said they recently received the summary titled "Aviation: The Third Dimension of - California Infra -Structure report and that it was available in the office for viewing. Commissioner Lando left at 9:34 a.m. - Commissioner Rossas left at 9:35 a.m. - BUTTE COUNTY AIRPORT LAND USE COMMSSION 5 MINUTES - March 14, IM Commissioner Walter said AOPA has kits for those who make speeches on aviation and he had the information available. VII. REFERRAIS TO STAFF AND FORMATION OF COMMITTEES None. VIII. ANNOUNCEMENTS Commissioner Walter said he would be absent at the next meeting due to traveling. The next meeting_tvill be on April 11, 1990. The meeting was adjourned at 9:35 p.m. PAT STEVENS, Chairman Airport Land Use Commission /jlo PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 BUTTE COUNTY AIRPORT LAND USE'COMNIISSION AGENDA MARCH 14, 1990 TIME: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance II. Roll Call III. Approval of Minutes of January 10, 1990 and February 14, 1990. IV. Consent Agenda V. Business 1. Review - Tentative Parcel Map, AP 042-150-053, Conformance with Ranchaero Airport Land Use Plan. 2. Status Report - Review of City of Oroville General Plan conformity- Oroville Municipal Airport Environs. 3. Status Report - Airport Zone, Code Amendments, and Overlay Zone. 4. Status Report - Chico Municipal Airport Environs Plan. 5. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda) VI. Correspondence VII. Referrals to Staff and Formation of Committees VIII. Announcements 1. Neat meeting is scheduled for April 11, 1990. a F i s . , ., . coun '-_ LAND OF NATURAL WEALTH AND BEAUTY PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 BUTTE COUNTY AIRPORT LAND USE'COMNIISSION AGENDA MARCH 14, 1990 TIME: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance II. Roll Call III. Approval of Minutes of January 10, 1990 and February 14, 1990. IV. Consent Agenda V. Business 1. Review - Tentative Parcel Map, AP 042-150-053, Conformance with Ranchaero Airport Land Use Plan. 2. Status Report - Review of City of Oroville General Plan conformity- Oroville Municipal Airport Environs. 3. Status Report - Airport Zone, Code Amendments, and Overlay Zone. 4. Status Report - Chico Municipal Airport Environs Plan. 5. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda) VI. Correspondence VII. Referrals to Staff and Formation of Committees VIII. Announcements 1. Neat meeting is scheduled for April 11, 1990. a F i s Inter -Departmental Memorandum TO: Airport Land Use Commission FROM: Planning Staff SUBJECT: Review of Tentative Parcel Map for Donalson-Galli Construction, AP# 042-150-053 for Conformity with Ranchaero Airport Land Use Plan DATE: March 7, 1990 The above referenced project is located on Bidwell Avenue approximately 1/2 mile north of Ranchaero Port R nway. The project site is located within the approach zone (2) as shown on the attached map�Review of this Tentative Parcel Map is necessary because the policies of the Ranchaero Airport Land Use Plan indicate that single family dwellings as permitted by the zone are appropriate in the approach zone only when the populatiodensity is not more than 1 single family residence per 5 acres within 1 mile of the runaway end.)This is subject to ALUC review. This Commission has the ability to approve residential densities in excess of 1 dwelling unit per 5 acres. The Commission has done this routinely in the areas north of Bidwell Avenue that have been zoned for single family dwellings at 4 to 6 dwelling units per acre densities for the past several years. While finding this Tentative Parcel Map and its resulting densities in conformity with the Airport Land Use Plan for Ranchaero Airport would be consistent with previous actions in the immediate area, it should be noted that this project is also located directly underneath the modified approach and departure patterns discussed in the Land Use Plan text which bends flight patterns to the west in order to avoid the residential areas nearby. This modified flight pattern resulted in the broad fan shaped area shown on the map. which differs radically from the approach zone to the south of the runway. Past discussions with the operators of Ranchaero Airport indicate that most traffic deviates to the left over the creek on northbound departures. Similarly, traffic approaches from the west over the creek for a southbound approach. This should also be noted that the existing parcel of 1 acre currently does not conform to the 5 acre per dwelling unit density requirement of the Airport Land Use Plan policy. Recommendations: Find that the project to create two 1/2 acre parcels conforms to the policies of Ranchaero Airport Land Use Plan due to existing development in the area of similar and higher densities and that approval of this project would be in keeping with that development as infilling. DRH.jlo Attachments: Maps North 1"= 2000' BUTTE COUNTY ZONING A-10 ... Agricultural, 10 ac. min. PAC/PUD..Planned Development A-40 ... Agricultural., 40 ac. min. R-1 ...... Residential SR -1 ... Suburban Residential, 1 ac. min. R-2 ...... Residential S -R .... Suburban Residential R-3 ...... Residential A -SR ... Agricultural Suburban Residential H-1 ...... Light Industrial C-1 .... Light Commercial C-2 ...... General Commercial 12 GRAY 5 iS8� LanC Levelocmen;-Sec. TMI3 PARCEL MAP B/OwEL L d. SUB. T 22N. /4 42 �• /4 L,.,VTO - ---- �iu£NOia ----------� 40 % _OR j CILHERT u,CI�:�1 ��; :� I Imo' I ,�I gaf sp• J3/52 ;��kVQLNUT :•WOOD$;W ,��)o ���1tq SACRAMENT O , 0 AVE EST. • 330 I � � 1 (� I 330 ?a 9.93 , 1'.!9A,:. SACRAMENTO I — .' — 1 , , 4 PARK :SUB. 9043 I Ip ORIOLE Cr ; - i I - 1 20 0 44 29 Y / I., CARDINAL CTS I SICV£(7 TREE SUB , 5004C. ( UNIT z > I ` HERON EN 1 146 I I SILVER TREE. 1 *7 - - � � � �" -•-- ------ ----- ---- - l.3 Z',SUS, PHASE -1 • � .I 2 `�.,,� PHASE 2 121 �------- -,�•, ' I I .u, ------- ;� I �5 2 BIG CHICO CREEK '• LQIn 1.01 A vv_ fLAMINGQ— — RO ' I . Esra •� I 53 I�x�-----2--► TES lJNIT4 P t 90i. \ 54 V.0Z 21 l4 �4 J I 47 18 I PRo/ i t , 48 4 /.22 I 65 oc-44 I J AC. .68'+ -- C..55ac 0.66 ac 31 x.933 PM 50-15 76'a4°:!�r TO 00 Z67 1cr . 9 I'• I m ry O 1 v_ I 'FS O� ..31 1 rS0.8E• Y� I i I , 53' I 4CO I 43-39 Assessor's Mcp No. 42- /5 Bidwell 20d Sub. M.O.R. Bk. 5 P9, 27 County of Butte, Calif. REVISE:.^: Z- 89 CY) C G CC C LLJm .Gi Assessor's Mcp No. 42- /5 Bidwell 20d Sub. M.O.R. Bk. 5 P9, 27 County of Butte, Calif. REVISE:.^: Z- 89 ' P . BUTTE -COUNTY AIRPORT'LAND USE COMMISSION . Commissioner Agency that Term Name and Address Alternate Appointed Expires Fred Davis P.O. Box 3420 Chico, CA 95927 (895-4803) Brenda Crotts 723 Moss Avenue Chico, Ca 95926' (891-2723) (345-8610) Carl Walter 67 Kokanee Drive Oroville, CA 95966 (589-2290) Nina Lambert ' 1643 River Road Chico, CA 95926 (342-3780) x(342-4295) Pat Stevens 14 Service Circle Oroville, CA 95966 (532-0665) Jim Rossas 2261 Perkins Oroville, CA 95965 (533-4886) Tom Lando P.O. Box 3420 Chico, CA 95927 (895-4870) Airport Managers City Selection Committee Fred Gerst Board of 1860 Laurel Street Supervisors Gridley, CA 95948 (846-2913) ' Henry Roberson Board of RANCHAEROAIRFORT Supervisors P.O. Box 3099 Chico, CA 95927 (343-5499) Wally Boness CITY OF OROVILLE 1675 Montgomery St. Oroville, Ca 95965 (538-2434) John Franklin Berry Creighton 946 Easy Street P.O. Box 1900 Paradise, CA 95969 Paradise, CA 95969 (877-8052) (877-2068) Staff David R. Hironimus Butte County Planning Dept. 7 County Center Drive Oroville, CA 95965 538-7601 10 a.m. to 3 p.m. Airport Manager City Selection Committee Member At Large 5-4-92 5-4-92 5-6-91 5-7-90 5-3-93 5-6-91 5-7-90 Jackie O'Brien Butte County Planning. Dept. 7 County Center Drive Oroville, CA 95965 538-7473 8 a.m. to 5 p.m. P BUTTE COUNTY AIRPORT LAND USE COMIVIISSION AGENDA FEBRUARY 14, 1990 •}.. 4•y4 \ Y}+ q } - .,. '...'. '..'. f.. ff• 7}'!i Y }Yfff Yff Y +} f fff !</ f•Yi r}.. ri%F .�.`i'v^....2•^^�•�4..4........w...:3."?..^.�`.Y.Mw`.^w`�`�^"MwWw...^'3',2>.. �.....w......w................ iw---------- TIME: . ..w... ............... ....w...... .......�..v .�/✓�9..... ... �...»......1 ..............w7.: 5$.kL�l..^•L.:d) TIME: 9:00 am. PLACE: Board of. Supervisor's Room County Administration 25 County Center Drive Oroville, 'CA 95965 I. Pledge of Allegiance II. Roll Call III. Presentation of Minutes of January 10, 1990. IV. Consent Agenda V. Business 1. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. 2. Status Report Airport Zone, Code Amendments, and Overlay Zone. 3. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda.) VI. Correspondence VII. Referrals to Staff and Formation of Committees VIII. Announcements 1. Next meeting is scheduled for March 14, 1990. i. BUTTE COUNTY AIRPORT LAND USE COMMISSION AGENDA OCTOBER 10, 1990 } .,. ,.:.kk kk,...:...:: •HN;.4 ...::.:,.. ................+'e.}}}x:.,'tm,nti»:c.l..ku.,aayr>ocaxaa'r»octiy "• ..:.; v;..}}»w+o-}} f ,.,fy.:• :;{;..�r'f'•':• f•} n....::.:.. +•• TIME: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance H. Roll Call j III. Approval of Minutes of September 12, 1990. IV. Consent Agenda V. Business 1. Status Report- Review of City of Oroville General Plan conformity -.Oroville Municipal Airport Environs. 2. Status Report - Code Amendments and Overlay Zone. 3. Status Report - Private use airports, Cliff Johnson's, Richvale, Jones.) 4. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda.) VI. Correspondence VII. Referrals to Staff and Formation of Committees VIII. Announcements 1. Next meeting is scheduled for November 14, 1990. STATE OF CALIFORNIA—BUSINESS, HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS 1130 K STREET- 4th FLOOR MAIL P.O. BOX 942873 SACRAMENTO, CA 94273-0001 (916) 322-3090 TDD (916) 445-5945 September 13, 1990 TO: AIRPORT LAND USE COMMISSIONS euff(e` yy 0. Planning Ccm7L Oroville, CaGforlia GEORGE DEUKMEJIAN, Governor The purpose of this letter is to update you cn sane recent legislation and budget activities which affect ALUC's. Some of you have already contacted. this office regarding the continuation Of reimbursement funding through the Commission on State Mandates for Fiscal Year (FY) 1990-91. Unfortunately, and much to everyone's surprise, the Governor has blue-penciled several programs for reimbursement, among them airport land use. At. the same time, SB 1333 (Dills) was passed which suspends the requirements of any mandated program for which reimbursement funding has been removed. Please note that the suspension is only temporary and it does not mean there has been a removal of the deadline or an extension of the deadline. The Commission on State Mandates has indicated that they plan to submit a budget change proposal in order to restore the funds. :The Department of Finance should make a decision cn this in November. One avenue to consider pursuing is to submit for State funding through the Division's State Transportation-Inprovement Program (STIP). The increase in fuel taxes also increases revenues going into the State's Aeronautic's Account, allowing for more of the nonrunway/taxiway related projects to be funded: We are funding 39 CLUPs in this year's budget. Other legislation of .interest: The Division of Aeronautics has.submitted a budget change proposal for $100,000 -to update the ALUC'Handbook. AB 4265 (Clute) recently enacted -allows CLUPs to be based en either a master plan or an airport layout plan. It also specifies that the Division of Aeronautics detennim. which is to be used. Additionally, .two bills are, as of tills date, on the Governor's desk waiting his signature or veto. AB 4164 (Mountjoy) appropriates $100,000 to the Division of Aeronautics for ALUC staff training. SB 2798 (Beverly) exempts Los Angeles. County froan the airport land use law. This Department, the City of Los Angeles, and others who represent aviation interest groups have strongly opposed this bill. Should you need more information, do not hesitate to contact me at (916) 322-9961. Sincerely, ,5 C7mrista-Maria Engle � Aviation Planner BUTTE COUNTY AIRPORT LAND USE COMNUSSION N 41MS September .12, 1990 The meeting of the Airport Land Use Commission (ALUC) was called to order at 9:01, a.m. on September 12, 1990, in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. I. PLEDGE OF ALLEGIANCE. II. ROLL CALL Present: Commissioners Rossas, Lando, Lambert, Crotts and Chairman Walter Absent: Commissioners Franklin and -Stevens,, Staff: David Hironimus and Jackie O'Brien III. . APPROVAL OF MINUTES Commissioner Lambert had the following corrections: page 4, para. 7, delete "rather .; than waiting for" and add "and", page 5, para. 4, delete "stated" add "asked", page 7, para. 4, last sentence, delete "She said the rezone that ALUC initiated the area as being in conformity with the Airport Land Use Plan." Page 8, para. 4, delete "Commission has", add "Advisory Agency and Board of Supervisors have", Page 8, para. 5, delete " at the Planning Commission level", add "as a Planning Commissioner", Page 11, para. 3, . delete "the", add "that". Chairman Walter had the following corrections: page 5; para. 5, delete "they", add "the Board of Supervisors", page 6, para. 4, delete "immediately". Commissioner Walter submitted the next correction, page 7, para. 5, delete "He said he feels that the Heimann's parcel and each of the 5 to 6 parcels that are in between are in the same situation are not much different." add "He said that if other neighboring parcels near the Heimann parcel are being subdivided that in itself is not a valid reason for permitting further subdivision of the Heimann property. He said.ALUC in the past did. compromise the airport and its approaches to take care of Silvertree and now we are nibbling. away at that compromise. He said he still feels that the existing parcels along Bidwell Ave. from Donalson-Galli to Heimann as a group under the approach path. can not afford any increase in residential density without further degradation of public safety and noise pollution." Page 8,. para. change "March to "April", page 8, para. 3, change _. • f BUTTE COUNTY AIRPORT LAND USE CONMSSION 2 MINUTES September 12, 1990 "for" to "of", page 9, para. 6, delete 6th paragraph, page 13, last line, after "says", insert "but that this". It was moved by Commissioner Lambert, seconded by Commissioner Rossas and unanimously carried to approve the minutes of August 8, 1990;,, as corrected. Commissioner Franklin arrived at 9:08 a.m... IV. CONSENT AGENDA Staff told the Commission that the Planning Department has received several communications from the City of Chico, on areas in the overflight area of the Chico Municipal Airport. Staff said he will comment at staff level and bring the comments back at the next ALUC meeting. V. BUSINESS 1. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. Chairman Walter said that he has read the Brandley report and staff has it available for viewing. Staff asked if the Commission has sent their comments to the City of Oroville for the Planning Commission meeting. Commissioner Rossas told the Commission if they had any more comments to submit them to Oroville City Hall quickly. Chairman Walter asked if ALUC needs to have a written statement stating that this . body has reviewed the the Brandley report? Commissioner Rossas said that the ALUC minutes should be efficient. Staff said ALUC could forward a copy of the minutes stating that this body was substantially in agreement. He said there should be a motion to that affect and he could prepare a letter with a copy of the minutes attached. He stated the letter should be mailed before the minutes since the minutes will. not be approved for a month. Chairman Walter entertained a motion that staff write a letter showing the findings that ALUC has reviewed the Brandley Report and stand substantially in agreement with the provisions of the plan and that it conforms to the policies of the Airport Land Use Plan. Commissioner Lando made the motion, seconded by Commissioner Lambert .and unanimously carried for staff to write a letter to the City of Oroville stating that the BUTTE COUNTY AIRPORT LAND USE COMMISSION 3 Mr4UTES - September .129 1990 Airport Land Use Commission substantially are in agreement with the provisions of the . plan and that it conforms to the policies of the Airport Land Use. Plan. 2. Discussion - Code Amendments and Overlay Zone. Code Amendments Staff said that slow progress is being made regarding getting the definitions of airports included into the code. He stated the Division of Aeronautics definitions will be used, but some zone related definitions will need to be originated. Staff said slow progress is also being made on code amendments to various large acreage zonings to require Use Permits for private airports and any other operation other than the ag-strip operation. There was brief discussion regarding the different airport definitions. Overlay Zone Staff stated there was nothing new to report. Discussion was opened to the public. Alternative Commissioner Gerst said he came to this body and has commented before regarding the densities and the overlay zone. He said he believes that densities are not going to be controlled in our overlay zone. He said he spoke with a law firm that is . known for holding. seminars on land use, and asked them about the densities and overlay zones. The attorney he talked with said that they should be included. Staff said that density is controlled through the General Plan and the specific zoning that is placed on each parcel on the ground. He said unless we convince the Planning Director and the Board of Supervisors to amend their codes, that's the way it will stay. He said the overlay zone was designed to take care of the question of height limits and reflective surfaces. Alternate Commissioner Gerst said. that the attorney pointed out that the overlay zone does not follow land borders like the zone usually does. He said there may be a parcel only part of it could be used if you included the density in the overlay zone. Staff said the Butte County Zoning Code presently does not allow for density different from the General Plan. He said you would then have two sets of laws that have conflicting statements as to what their densities would-be' Alternate Commissioner Gerst said that would be true on height limits and all the other restrictions that are put on your overlay zone. Staff stated that none of our existing zones have height limits included in them. BUTTE COUN'T'Y AIRPORT LAND USE CONMUSSION 4 MINUTES - September 12, 1990 Commissioner Lando said that the City of Chico's overlay zone does not have density limits in it. Staff said that this overlay zone that we are working on is for the county zoning, it would have no effect in the cities. There was brief discussion regarding height limits. Commissioner Lambert said that a map is needed and an outline of where the one mile overlay zone is going to fall. She asked if the overlay zone falls on an orchard, what portion of the orchard would be exempt from building any tall structures. Staff stated they are working on simplifying the process by using maps. of the overflight areas showing height limits. He said that people that come to the Planning Department do not understand height limits expressed in feet above sea level. Commissioner Franklin said he supports staffs approach in trying to put out elevations above ground level for certain pieces of property. He said he would like to see the Public protected from trying to figure out something that is complex to them and simple to us, before they plan it.. Staff said not to expect a Planning Technician or a computer operator to know that the property is located in an airport overflight area zone, unless the zone clearly indicates an overlay zone with a height limit of "X" amount of feet. He stated staff is working on maps, but an ordinance is needed in order to set up the zones with those height limits. Public discussion was closed at this time. ' Chairman Walter asked staff to bring this back when the next draft is prepared: 3. Discussion - Private use airports. Cliff Johnson's Richvale Jones.. Cliff Johnson's Staff said they are waiting for something from the Board of Supervisors regarding Cliff Johnson's Airport. He said staff is still waiting for documentation identifying the users of that airport. He stated that Mr. Johnsonhas a permit for a private airport for his own use. If it can be proven that there are multiple permanent users, we -will be in a position to look at recommending that the Board revoke Mr.- Johnson's permit or modify - it in a way so that the others could use it. Commissioner Lando said he was under the impression that the very definition of the use restricted it to his required usage and the .code would need to be changed to allow others .to use it. BU1TE COUNTY AIRPORT LAND USE COMMSSION 5. MINUTES September 12, 1990 Staff said that the zone that was in affect at that time permitted a. -personal use airport for his use only. He said the Board of Supervisors action was to allow a privately owned, private use airport, consisting of a 1600 ft. grass runway. He said he suspects that what the Board sends down will indicate say who else is using the airport. Commissioner Lambert asked if this is still before Code Enforcement? Staff said that Code Enforcement Officers are watching the airport and that they have had complaints on the water skiing within the overflight areas. Chairman Walter said it was on the agenda for the Board of Supervisors. He said the recommendation of staff was that the Board send it to the Planning Commission and ALUC for review. Commissioner Lando said that after ALUC gets that complaint, ALUC should look at the definition to make sure that it is enforceable. Staff said we could treat it like camping. Allow guest not to exceed a given number of days. Commissioner Lambert said part of his strip appears to be on someone else's parcel and that someones personal private. use airport should not be covering somebody else's property. Staff said there could be easements just as a driveway would have. Commissioner Lambert said the permit was only issued to one property owner on one piece of property. Staff said that the property was subdivided after the private strip- was established. Jones Staff said they received a letter from Chuck Jones's Flying Service stating they are interested in expanding to a public access airport. Staff said this letter was received on. Sept. 11, and has not had a chance to respond. Commissioner Lando said that based on our experience with Ranchaero Airport, he is very concerned that if that expansion occurs there should be a very wide notification to neighbors.. He said it seems they are talking about one property owner vs. another . private property owner. • • BUM COUNTY AIRPORT LAND USE COMNIISSION 6 MINUTES - September 12, 1990 Staff said under the present situation we would have to use the Airport Zone for the Jones's property since the intensity is being increased. The Jones's Airport should provide either the clear zone area or at least easements for the clear zone area as part -- of the application for that zoning. Chairman Walter asked if the airport zone would be restricted to the Jones property or would it incumber the approach and clear zones also. Staff said the airport. zone will most likely cover just the property and possibly clear zones. Commissioner Walter asked if there are any other private airport problems? Staff said he has not had a chance to follow up on Richvale, but it does look like we will be adding to our airport inventoryinstead of taking away from it. He said that under the new definitions, Richvale is considered a special use airport. Chairman Walter asked where will the boundaries of the airport zone will be located, on Richvale's Airport property, or onto several properties. Staff said he does not know how the airport relates to the property lines in that area. Commissioner Franklin said the airport zone would not protect approach zones or control heights. He said the airport zone allows for the owner to get a permit for a hanger without having a use permit. Staff said he has been speaking with the Planning Director regarding new airport applications.. An application for an airport zone would probably trigger the o.k. of the Airport Land Use Plan as part of the project. The discussion was opened to the public. Alternate Commissioner Gerst said the Joneses need to be protected and the Joneses sent the letter because they thought they could get more protection. He said he attended a meeting last night regarding a prison that Biggs is proposing. He said the proposed property for the prison is right across the runway from Jones Airport.- He_ stated that if the prison is built there, the airport would have to close because no flying is permitted within 1000 ft. of the prison boundaries or over it. He said he felt that the Joneses have air space rights. Commissioner Franklin said the owner of an airport should protect it. He stated if the owner waits, it might be too late. He said this commission will protect it, but it might be 1 to 2 years before anything could be done. Commissioner Rossas left at 10:08 a.m.. 0. 0 BUTTE COUNTY AIRPORT LAND USE COMNUSSION 7 MINUTES - September 12, 1990 Discussion was closed to the public. 4. Business From The Floor Chairman Walter said if ALUC makes a finding that something does not conform to an approved existing Airport Land Use Plan, it can be overridden in accordance with State . Code for many certain reasons, but the plan states that this is done now by the Advisory Agency. He asked if the Advisory Agency really is the proper place where this should be handled, or should it go to the Board of Supervisors. He said overriding ALUC, commits. them and imposes legal liability. Staff said there are 3 voting members in the Advisory Agency; one from Planning, Public Works, and Environmental Health. Staff said he was not sure if the Advisory Agency is the legislative body as defined by Public Utilities Code. The first. step is the Advisory Agency and the final step is the Board of Supervisors in case of an appeal. He said if the Advisory Agency voted to override ALUC, then ALUC could appeal that decision to the Board. Chairman Walter said rather than appeal that decision already made by the Advisory Agency, it would be more logical to immediately go to the Board before the Advisory Agency takes any action, and then act only after the Board has voted to override ALUC. Staff said the procedures that are set up in, the Subdivision Ordinance and the State Map Act require a project to go to the Advisory Agency first. The Advisory Agency would have no choice but to deny the project and let it be -appealed to the Board of Supervisors. He said the Public Utilities Code talks about the legislative authority, and - as staff understands it, the Advisory Agency is not that body and it would have to go to the Board for an override. He said that the Advisory Agency has to find the project in conformity with the General Plan in order to approve a project. If they don't find the project in conformity with the General Plan they can not approve the project. However they can deny it and let it be appealed to the Board, and the Board (who adopted the General Plan) would deal with it. Chairman Walter said it was in the draft overlay procedure. VI. CORRESPONDENCE None at this time. VII. REFERRALS TO STAFF AND FORMATION OF COMMITTEES None. BUTTE COUNTY AIRPORT LAND USE COMNIISSION, NQNUTES -September 12, 1990 VIII. ANNOUNCEMENTS No announcements. It was moved by Commissioner Franklin,_ seconded by Commissioner Lando and. unanimously carried to adjourn the meeting of September 12, 1990 at 10:14 a.m. The next meeting is scheduled for October 10, 1990. 8 oun — L.AND O.F NATURAL W E A L T H AND BEAUTY PLANNING DEPARTMENT 7 COUNTY CENTER EMIVE.- OROVILLE. CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 BUTTE COUNTY AIRPORT LAND USE COMMISSION AGENDA SEPTEMBER 12, 1990 TBE: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965- Pledge 5965Pledge of Allegiance IL Roll Call IIL Approval of Minutes of August 8, 1990. IV. Consent Agenda V. Business 1. Discussion - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. Request comments on Airport Master Plan from Commissioners and forward comments to City of Oroville. . 2. Discussion - Code Amendments and Overlay Zone. 3. Discussion - Private use airports, Cliff Johnson's,Richvale; Jones. 4. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by. State Law from taking Action on any item presented if it is not listed on the agenda.) VL . Correspondence _ VQ Referrals to. Staff and Formation of Committees VUL Announcements 1. Next meeting is scheduled for October 10, - 1990. BUTTE COUNTY AIRPORT LAND USE COI MSSION MINUTES August .8, 1990 The meeting of the Airport Land Use Commission (ALUC) was called to order at 9:02 a.m.-.on August 8, 1990, in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. I. PLEDGE OF ALLEGIANCE lI. ROLL CALL- Present: Commissioners Rossas, Stevens, Lambert, Crotts and Chairman Walter Absent: Commissioners Franklin and Davis Staff. David Hironimus and Jackie O'Brien I1I. APPROVAL OF MINUTES Commissioner Lambert had the following corrections: page 4,- para. 6, after "ABSENT" . delete "Franklin", page 6, para. 2, after "the" add "area proposedfor", page 12, para. 2, change "1975" to "1985". Chairman Walter.had the following correction: page 3, last sentence should read, "He told the Commission. he questioned the adequacy of the minutes". It was moved by Commissioner Lambert, seconded by Commissioner Crotts to approve. the minutes of'July 11, 1990, as corrected by the following .vote: AYES: Commissioners Rossas, Lambert., Crotts and Chairman Walter NOES: �.. No one. ABSENT: Commissioners Franklin and Davis ABSTAINED: Commissioner Stevens BUTTE COUNTY AIRPORT LAND. USE CONKNUSSION MINUTES - "August 8, 1990 IV. CONSENT AGENDA There were no items to be discussed. V. BUSINESS 2 1. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. Reguest comments on AiMort Master Plan from Commissioners Commissioner Rossas said comments will be requested at next month's meeting. He said the master plan will be heard by the Oroville Planning Commission in September. Staff said he discussed the plan with Mike Crump, of the City of Oroville. One copy of the plan is to go to Commissioner Stevens and her husband. Staff passed out limited copies of the plan to the Commission. Commissioner Franklin arrived at 9:08 a.m. Staff said the City of Oroville will hold their first hearing on the plan in September, which will occur before the next ALUC meeting, so comments should be submitted directly to the City of Oroville.- Chairman roville. Chairman Walter asked if ALUC needs to comment as a group? Staff said that ALUC doesn't have any direct authority over the operation of the airport. He said it will trigger changes in our Airport Land Use Plan for the Oroville Environs and ALUC should comment regarding that effect. Commissioner Rossas said the City would like to have the passive stamp of approval by ALUC. Staff said this will go on ALUC's September agenda for official. comments to be sent to. the City Council. Commissioner Stevens said she understood it as going. before the Oroville Planning " Commission as a public hearing and not for final review. Commissioner Rossas said the City is hoping to get it to the Oroville Planning' Commission in September and to .the City Council in October. He said it was originally scheduled for the August meeting. Staff said under the law' the City of Oroville has to open the public review period for the plan. He stated that official comments must be submitted to the City, Council in time for review. BUTTE COUNTY AIRPORT LAND USE CONMUSSION 3 MINUTES - August 8, 1990 Chairman Walter asked staff for this item to be on next month's agenda. 2. Review - Tentative Parcel Map: AP# 042-610-046. Conformance with Ranchaero Airport Land Use Plan- Staff lan- Staff submitted, for the record, the Staff Memo dated August 1,. 1990. Included in the Commissionerpackets was a map and exhibit. Staff hung a map of the proposal on the wall. Staff said it is subject for review by. ALUC because it is under the approach zone and out of the clear zones. Commissioner Rossas asked if all the lots on the exhibit are occupied? Staff stated the lots on the exhibit are lots of record, and if the lots are not built on now, they could be at any time. Commissioner Rossas asked if the Heimann's parcel is located in the City or County? Staff replied that the property is now in the County and in an area that is proposed for prezoning by the City of Chico. He said most of the lots were developed prior to the formation of ALUC, and 30 to 40% were developed later, with findings of conformity by ALUC. He said the lots along Bidwell Avenue have not been subdivided yet, due to concerns by County Public Works Department regarding circulation of Bidwell Avenue's traffic flow. He said we are now starting to see pressure for development of those lots. Commissioner Lambert said this area was a big issue when the Greenline was_ established. She said there was a compromise to allow development as far as Glenwood. Staff stated that because of existing development that took place north of the Creek, the Ranchaero Airport operators and pilots have modified their approaches and departures,. in order to stay away from developed areas. Chairman Walter asked staff if one of the considerations in approving those subdivisions, was that the Ranchaero Airport operators agreed to move their traffic pattern, so that the approach zone extended west and south to the creek? Staff said when the .Airport Land Use Plan was adopted for the area, instead of making the standard trapezoidal clear and approach zones, the approach zone. was extended to west, to recognize the additional or higher than unusual traffic outside the normal trapezoids. He said there is now a fan shaped approach and clear zone. He said there is still a large amount of traffic along the creek, which is in a high overflight area. He said due to weather or other safety factors, it will be up to each pilot to decide where they .fly within the fan. BUTTE COUNTY AIRPORT LAND USE COMI USSION 4 MINUTES - August 8, 1990 Commissioner Franklin said takeoffs to the north are unusual. He said south winds are the worst weather. He stated that all of the instrument approaches north of Sacramento are all to the south, into the wind. Chairman Walter said over the Heimann's parcel, takeoffs are to the north and landings to the south. Commissioner Lambert asked when this application was submitted prior to, or after the Donalson-Galli project? Staff said the application was submitted after the Donalson-Galli project came before ALUC. Commissioner Crotts asked when County Counsel would be done reviewing ALUC's March and April meetings? Staff said legal options from County Counsel usually take awhile. Staff was unable to give a date. Commissioner Lambert said the rezone hearing for this area is scheduled for the Planning Commission on August 9, 1990, tomorrow. She suggested that ALUC wait for the outcome of that meeting, rather than waiting_ for County Counsel's comments. Staff said after the Planning Commission hearing, it will o to the Board of Supervisors for final adoption of the zone, which is approximately 2 months away. Commissioner Franklin asked what adoption the Planning Commission is working towards? Staff stated that Staff recommendation was for 1 acre parcels for this area. Staff then submitted a map of the proposed area to the.Commission. Chairman Walter opened the hearing to the public.. Mike McEnespy, NorthStar Engineering, representative for the Heimann's parcel, said . that this map, staff hassubmitted -is not completely up to date as to where the approach zones and clear zones are located and does. not show all existing parcels. He stated that immediately adjacent to. the Heimann's parcel, is a subdivision that was approved and developed as Silvertree. He'said the parcels in that subdivision, average. 1/4 acre and are on city sewer. He stated that the Big Chico Creek Subdivision is fully developed and that there are approved parcel maps creating 1/2 acre lots on parcels to the west (Donalson-Galli). He said that the Donalson-Galli parcel map was submitted and accepted by the County as a complete application on May 10, 1990. He stated that this project is a resubdivision of a existing lot, with an existing. house which is where the Heimann's have lived for several years. He said the Heimann's are trying to split the BUTTE COUNTY AIRPORT LAND USE COMNIISSION 5 MINUTES - August 8, 1990 property into 2 parcels of approximately 1/2 acre each. He said the Heimann's are elderly and do not have anybody to take care of their land. He stated the Heimann's want what is consistent with other property in the immediate area. He stated that sewer would be extended to the parcels. He said this is consistent with the Water Quality Chico Urban Area Nitrate Action Plan, the existing zone and General Plan. He stated that before the tentative parcel map was allowed to be submitted, the Planning Department found the project consistent with the General Plan and zone. He said this is a simple 2 parcel split of an existing approved lot that was one of the lots in the Silvertree subdivision. He stated it has taken 3 months and still has not been before the Advisory Agency. He said in the meantime Planning Staff, on ALUC's recommendation, went to the Planning Commission to develop a proposed rezone for this area. He said he did not see the logic in creating 1 acre lots. Adjacent lots are basically city size lots and the rest of the neighborhood has been broken down to 1/2 acre parcels. He stated these parcels will not be further subdivided and is the last of the development in the area. He asked the Commission to allow this project to go forward to the Advisory Agency and be approved under the current general plan and current zoning. Chairman Walter asked if this lot was part of the approved Silvertree subdivision? Mr. McEnespy said yes. Commissioner Lambert asked if the acreage was the orchard that Mr. Heimann has had for years. She stated the reason Heimann's acre was omitted was because it fronted Bidwell Avenue and the traffic and added density were a concern on Bidwell Avenue. She asked Mr. McEnespy why the one acre parcel was omitted from the Silvertree subdivision? Mr. McEnespy said that the Heimanns sold that project to Webb Homes who did the development. He said the Heimann's owned the property and participated in the subdivision, to the point that it was approved. Then Webb Homes took over and started development. He stated all those parcels take access out to Sacramento Avenue and what the Heimanns retained was the frontage along Big Chico Creek. He said there have been numerous discussions at the Board level about improvements on Bidwell Avenue. He said the County Public Works Department had concerns about circulation. He said all of the parcels that have been developed along there, have signed an agreement that basically states that when the County comes up with a solution, they will agree to participate. The County Board has found that they have made an exception on Bidwell Avenue within the Chico Urban Area that exempts Bidwell Avenue from full urban improvements (curb, gutter, sidewalk, street widening, etc.). He said the Board has recognized the character of the neighborhood andY.have waived the requirements for curb, gutter and sidewalk on Bidwell Avenue. Chairman Walter said when Silvertree was approved, there were parcel maps that showed lot lines and boundaries of each lot. He asked if Mr. Heimann's property was shown on the Silvertree subdivision parcel map with lines that showed it in two lots? BUTTE COUNTY AIRPORT LAND USE CONMUSSION MINUTES - August 8, 1990 Mr. McEnespy answered no. Chairman Walter said it was still a one acre parcel. Mr. McEnespy said it was 0.93 acres. He said that part of the reason that it wasn't on the Silvertree Subdivision as two lots, was because Webb Homes acquired the denser subdivision part . and the Heimann family kept the remainder. Commissioner Lambert asked what exists on the parcel? 6. Mr: McEnespy said .in relation to the map there currently is a house and an old shed. He said the parcel that is proposed will have one additional dwelling. He reminded the Commission that they recently approved the Donalson-Galli request to subdivide a 1 acre parcel into two 1/2 acre parcels, immediately to the west of the Heimann parcel. He asked staff what the proposed boundaries 'of the proposed rezone would be? Staff said SR -1 for that property fronting Bidwell Avenue, from the Heimann's parcel, west to Glenwood. He said the proposed A-5 zoning is located west of Glenwood. Chairman Walter stated this parcel would be part.of that proposed rezone. Mr. McEnespy asked staff what the property west of Glenwood is currently zoned? Staff said currently ASR, which does not conform to the policies of the Greenline. He said ALUC requested the Planning. Commission to look at larger lot zoning along Bidwell. He said when it went to the Planning Commission, they saw it as a good opportunity to take care of the area west of Glenwood and was initiated at the same time. Mr. McEnespy said this proposed rezone effects the property between the Heimann's parcel and Glenwood. He said take out the approved maps. of less than one acre and all that is being rezoned is 4 parcels, because .the rest are already subdivided into smaller parcels. Chairman Walter said the discussion: about the rezoning should be before the Planning Commission. Mr.. McEnespy said he recognizes that. He said it was initiated at ALUC's level and, that was the reason he was discussing -it. now. Commissioner Lambert said that the current zoning here. is not 1/2 acre. The hearing was closed to the public.. BUTTE COUNTY AIRPORT LAND USE COMI USSION 7 MINUTES - August 8, 1990 Staff reminded the Commission that under the Public Utilities Code, ALUC will be making a finding as to the conformity of this project to the Ranchaero Airport Land Use Plan. He said that ALUC's recommendation will be forwarded to the Butte County Advisory Agency for action on the parcel map. He said if ALUC finds that this project does not conform to the Ranchaero Airport Land Use Plan, the Advisory Agency will take that finding and either deny the project or, if they approve it, they will have to make specific findings that the project is consistent with the goals and objectives of the plan, as well as other findings. He said it would take 2/3 vote of the Advisory Agency to override ALUC with necessary findings. He said the decision of the Advisory Agency could then be appealed to the Board of Supervisors. Commissioner Lambert asked what type of overriding findings? Staff said the Advisory Agency would have to make specific findings that the proposed action is consistent with the purposes of the Public Utilities Code. He said public interests provide for orderly development of each public use airport in this state and in the area surrounding the airports, so as to promote the overall goals and objectives California Airport Noise Standards adopted pursuant to Section 21669 of the Public Utilities Code, and to prevent the creation of new noise and safety problems. He said it is the purpose of the article to protect public health, safety and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. Commissioner Lambert said if ALUC initiated the rezone to 1 acre minimums it was because it was necessary. She stated that the existing zone does not conform to the Airport Land Use Plan. She said there has been controversy and discussions. She said she has difficulty approving a project that was submitted after that controversy, even though she has approved them before because of conflicts that could occur. She said the rezone that ALUC initiated the area as being in conformity with the Airport Land Use Plan. Chairman Walter said that this argument here is the same argument used against the Greenline. He said if surrounding parcels are being developed next to the Heimann's parcel, there should be no reason for not giving the Heimann the same privileges. He said ALUC did compromise the airport and its approaches to take care of Silvertree, and now we are nibbling away at the compromise ALUC established. He stated his own feeling is that ALUC elected to divide the Donalson-Galli parcel and ALUC decided that it did not violate the terms of the Airport Land Use Plan for Ranchaero. He said he feels that the Heimann's parcel and each of the 5 to 6 parcels that are in between are in the same situation and are not much different. Commissioner Franklin asked why the Donalson-Galli parcel did not compromise the Land Use Plan for Ranchaero and the Heimann's parcel does? BUTTE COUNTY AIRPORT LAND USE COMMSSION 8 MINUTES -August 8, 1990 Chairman Walter stated he was absent when the vote was taken in March. He said he felt that it did compromise the plana Commissioner Franklin asked if he was speaking for the Board? Chairman Walter said he was speaking for the Airport Land Use Commission. Commissioner Lambert said she feels .that if the Heimann's parcel is found in,. conformity, then ALUC should also find. the other 6 parcels in conformity and vacate, the rezone for tomorrow's Planning Commission meeting. She said that these lots are different because they are facing on Bidwell and generates traffic, and the Commission has made a point of accessing all the subdivisions off of Sacramento Avenue for that. reason. Commissioner Rossas said he thought Commissioner Lambert .was speaking at the Planning Commission level. Commissioner Lambert said that ALUC only relates to airports. and whether they are in the approach zone or clear zone and whether all of these lots should develop to that density. Commissioner Rossas said it looks like inverse condemnation. Staff said it is not inverse condemnation because the land can still be used. He said that division of parcels.is a privilege, and has nothing to do with taking away any rights. He said with asingle family dwelling on the property, there is no guarantee that it. can be divided. He said there may be many. other reasons that it could not be split other than this. Commissioner Rossas commented that splitting is occurring all around this parcel. He . feels with the location of Ranchaero Airport, none of the splitting should have occurred. Commissioner Lambert said that the motion to rezone these parcels was made by the City of Chico Representative,. Tom Lando. Mr. Lando made the motion to ask the Butte County. Planning Commission to initiate the rezone._ Commissioner Franklin said that ALUC`s purpose is to protect the airport. He stated' that. in light of all. the other activity around, one more house will.not have a significant impact on Ranchaero .Airport and its environment. "f Chairman Walter said a small impact would occur. He saidthe owners of the lots that are. not split, will figure nothing would prevent them from splitting like the others.. Commissioner Franklin said population -has not doubled in the impacted area.. He said there is no dent in the impact because there are already so many people there. BUTTE COUNTY AIRPORT LAND USE COMMSSION 9 NQNUTES - August 8, 1990 He said he does not see any impact to the operation of Ranchaero Airport and no one from Ranchaero has complained that this project will effect their airport. Commissioner Rossas said another problem is the domino effect going down the street. He said while driving down the street, most of these parcels have the house in the middle of their lot. He said he feels they will not cut through the middle of the lot or pick up the house and move it, in order to .make a lot split. Commissioner Stevens said she agreed with Commissioner Rossas. She said with the price of a lot, moving a house now is not considered a major impact in regards to splitting a lot. Commissioner Lambert said the new houses that are being built in this area are not cheap. She said the lots along Bidwell Avenue and along the creek are very desirable lots. Commissioner Franklin said he still doesn't see this split as having a major impact on the airport in regards to the amount of homes surrounding the Heimann's parcel. Chairman Walter remarked to what is considered to be a major impact to allow this parcel and the remaining lots from splitting. Commissioner Franklin said it goes back to the question of consistency with what surrounds the airport. He said ALUC should of kept those parcels from splitting down to 1/2 acre lots, from the beginning. He said with higher densities on both sides and 1. more person in that group would not be considered a major impact to that airport. He said there is a buffer there and they will not encroach any more than that allows. Chairman Walter said his position remains the same. He said that this proposed parcel split will further compromise, an already compromised area around the Ranchaero Airport Environs. Commissioner Lambert stated she is willing to make the motion, but is trying to make the findings. She said she can not make a motion of conformity, due to the proposed parcel sizes. She said our Airport Land Use Plan relates to the 5 acre minimum, but also states, unless this body approves it. Chairman Walter said his findings would be very much like the findings he used when he was on the Planning Commission. He stated that such action would further increase the population density under the approach zone in the flight path and thus further increase the noise problems and safety problems within the approach zone. It was moved by Commissioner Lambert, seconded by Commissioner Crotts. and carried to find the proposed Tentative Parcel Map for Heimann, on AP# 042-610-046, does not conform with the policies of the Ranchaero Ai rp "ort .Land Use Plan, because it would.. I BUTTE COUNTY AIRPORT LAND USE'COMMSSION 10 NUN UTES - August 89 1990 further increase the .population density under the approach zone and further increase the noise and safety hazards and forward this finding ,to the Butte County Advisory Agency, by the following vote:,. AYES: Commissioners Stevens, Lambert, Crotts and Chairman Walter NOES: Commissioner Franklin and Rossas ABSENT: Commissioner Davis ABSTAINED: No one. 3. Discussion - Code Amendments and.Overlav Zone Chairman Walter said the Commission has received copies of the proposed draft ordinance Section 24-10, The Airport Overlay Zone. Staff requested comments at this time. . Commissioner Rossas reported the draft was circulated through the' City of Oroville and the City had only one comment as to who sets the height limits in regards to the "roc's" referred to on page 4? Staff said the limits would be set by the Planning Commission and the Board of Supervisors, when adopting specific zones for each given area. He said that any of those. rezones would need to come before ALUC for comments. He stated that basically it. would be picking appropriate height limits for an area based -on its topography. Commissioner Rossas said he noticed the idea of the "cone shape" zoning had been abandoned: Staff said the height limits would end up having ragged edges, to follow streets,. highways and property lines, .which would make it easier to describe the different zones. Commissioner Rossas .asked if this would go to the Planning Commission and the Board. of Supervisors? Staff said yes He said that Planning Staff will work closely with all agencies trying to come up with something reasonable and that ALUC would have input in the process. Commissioner Lambert asked how much property the airport overlay zone, would cover? Staff said it would be 'within the overflight area; within 1 mile `of the Ranchaero and Paradise Airports, and within 2 miles of the main runways at the Chico Airport. He . BUTTE COUNTY AIRPORT LAND. USE CONMUSSION 11 MINUTES.- August 8, 1990 said that the Oroville Airport would end up egg shaped because of a 1 mile radius on one runway and a 2 mile radius on the other runway. Chairman Walter asked how this . compares with the FAA Floors? Staff said this situation talks about the most restrictive regulations that would apply. He. said we could not* approve a height limit that would be higher than FAA would allow and our zoning would fall under that category. Staff said in most cases, the Airport Overlay Zone will end up with a lower height limit than FAA would require. He stated this is due to the fact that Butte County and it's cities doesn't have fire equipment apparatus that could handle a building high enough to be a problem for FAA. He said antennas and trees may be .a factor, but buildings are not likely to be a major concern here: Commissioner Lambert said she lives near Ranchaero Airport and is thinking in terms of the airport. She said there are numerous orchards that would be considered in the overflight area. She asked what effect this would have on orchards? Staff said, they are talking about decorative trees that reach higher than orchards. He said at time you reach the end of the clear zone, there would be a 50 ft. height limit on the approach slope. Chairman Walter said radio antennas would be a primary impact. Staff said the major impact would be the occasional amateur radio antenna or the commercial operation. Commissioner Lambert said. if the orchard trees are not a concern, why did Cliff Johnson cut Dr. Coats trees off of his airport strip? Staff said an ant hill could. be a concern to -Mr. Johnson with a 1400 ft. airstrip. Commissioner Lambert said she supports the orchards just as much as she supports the airport. Staff' said Ranchaero Airport needs to get rid of trees that are within the clear zone. He stated that Ranchaero's overflight area is not a problem because once you're out of the clear zone area, there are not many trees that are native to this area. that would grow higher than. the 50 ft. height limit, which is in the height limit of the FAA approach slope at the end of the clear zone. Commissioner Lambert asked if this document clearly states that it is only talking about those areas in the clear zone and not for the entire. airport overlay zone? BUTTE COUN'T'Y AIRPORT LAND USE COMNUSSION 12 NUNUTES - August 8, 1990: Staff said he would need to make sure of this. He said that the existing orchards are a pre-existing nonconforming use. Commissioner Lambert said that eucalyptus trees are becoming popular. Commissioner. Rossas said restrictions should be put around airports for certain eucalyptus trees. He stated that most of these trees are planted for firewood. Staff said these trees would probably not grow to exceed those height limits, due to . harvesting of the trees. Commissioner Rossas said anybody that uses the soil around Ranchaero Airport to grow eucalyptus is misusing their land. Commissioner Lambert said she agrees with Commissioner Rossas, but said unless the trees are planted as wind breaks for kiwi . or others crops: Staff said it appears they will be looking at implementing the same sort of zoning for Airport Land Use Plans for Richvale Airport, Jones Flying Service and certain areas that grow eucalyptus trees. Commissioner Franklin said Richvale Airport has serious problems with eucalyptus trees. He said it makes the runway short, which is a problem with Ranchaero Airport. Chairman Walter said this is something staff should further consider in the wording of the final draft. Commissioner Lambert said the definitions of an occasional use, personal.use, and special use should be defined in the document. Staff said the new definitions will be included into the ordinance, based on what the Division of Aeronautics has recently implemented regarding private airports. He said the other phase of this project that has not been completed yet, is for Code Amendments to require Use Permits for various style airports in the Ag-zones.- Commissioner g-zones.Commissioner Lambert asked if staff could start a list of all the existing airports and air strips, and specify whether they are.personal, private, or public use and list their requirements? Staff said that it would ignore the situation of new airports. Commissioner Lambert asked yif they would have to come before ALUC to get'a determination whether a permit was needed -or not? Staff .said under. Caltrans regulations. a private use airport does not require a permit. He BUTTE COUNTY AIRPORT LAND USE COMNQSSION 13 MINUTES - August 8, 1990 said there are very few zones that would allow landing facilities that Caltrans would approve without a permit. Commissioner Lambert asked if staff would have.a. handle on any new airports coming in? Staff said a current list could be started, then the new airports could be added as they occur. He said finding out the original list could be difficult because of the numerous airports around the county and determining what use is being used. Commissioner Stevens suggested when staff defines the uses, it be in the body of the document and not in the glossary or appendix. She said it loses a lot when you have all new definitions. She stated the old definitions have been around for a long time and are memorized word for word, but new definitions are forgotten easily the first time around. Staff is hoping to be able to put the new definitions into the Counties Zoning Code. He stated that there are several sections that refer to airports. He said the Planning Staff will do what is possible, to make sure these definitions are clearly stated by using references, i.e. "pursuant to the definitions of an airport is contained in Section 24-21", or similar wording. Chairman Walter commented saying his first impression was where did ALUC fit in. He said ALUC is not mentioned in any of the process. He said it eliminates all of ALUC's responsibilities regarding elevation advise to the Board of Supervisors. He said only matters involving airports and the vicinity thereof, gives the Planning Commission what he thinks are a number of new review duties, which would be anticipated as part of ALUC's. He said his impression when reading through the planned section and the sequence that must be done, seems to be requiring the Planning Commission to authorize construction permits, which are duties that belong to Public Works. He said it quotes a number of definitions from FAA documents word for word, which does not need to be repeated, but has no definitions for some of the things mentioned such as private use airports and air parks. He said it mentions facilities used solely for recreational activities which are real problems that ALUC does not have a handle on. He commented that the first draft is very detailed and technical regarding height limits, which are not a big problem in Butte County. He said it almost completely ignores the question of population density adjacent to the airport, which is a far bigger problem that needs control in all of the counties in Northern California. He said it has very detailed administrative procedures for collecting fees and processing applications, which probably needs to be covered in Section 24, of the Butte County Code, and not in this document. He said the Planning Commission does not recommend, nor approve, nor collect fees as it says is the function of the Planning Department. He suggested the following process: 0 • BUTTE COUNTY AIRPORT LAND USE COMNIISSION 14 NUNUTES - August 8, 1990 The Planning Department will receive the application and decide whether a permit is needed or not. If it does require a permit, under the existing procedure, the Planning Department will collect the fee and all data required, send it to ALUC and let ALUC advise it in a public hearing and agree that it does or does not meet the terms of the approved Airport Land Use Plan. ALUC then takes their recommendations back to Planning and Public Works, (who makes up the Advisory Agency), and to the Board of Supervisors. The Board will then do what they normally do, hold a public hearing; agree or disagree, approve the zoning, General Plan or conditions that would be put on a Use Permit, and give the data to Public Works to issue construction permits, if they agree. And if it is appealed as we normally do, the Board of Supervisors sets their public hearings, approves, denies, or conditions, changes and if required, make a set of findings overriding ALUC and if they don't agree, as called for in the State Code. He said that this is considerably different from the way this is written up in the document. Staff said there is nothing in the document that would abrogate the review by ALUC of applicable projects, pursuant to the Public Utilities Code. He stated that the overlay zone was intended as a mechanism, to set up height limits and restrictions on reflective surfaces in the vicinity of airports. He said if ALUC wishes to review every project that comes through and happens to be within 1 mile (or two depending on the airport) of an airport, ALUC can expect very lengthy meetings and a cumbersome process that would have to go through another set of hearings at the Planning Commission. Staff stated the intent was for ALUC to review the height limits around each airport and come up with a zone that would establish those and anything that fell under those limits, to be considered final. He said if a permit comes in under this proposed zone, that exceeds those height limits, then ALUC would review it because it falls within the review area that has been set up by the Airport Land Use Plans. Commissioner Rossas said this is not our constitution that we are dealing with. Staff said that the question of density is addressed by the basic zone that is on the ground. He said it is not the intent of the overlay zone to regulate density but would limit the heights. He said that density should not be a concern on the overlay zone. Chairman Walter asked if the overlay zone is needed to limit the heights? Staff said something is needed to set up height limits in the vicinity of the airport. He stated that most of our zones do not have height limits. Chairman Walter asked if Butte County Code Section 24 could cover these limits without having another zone, as the Section sets density limits? Staff said different zones would be needed every couple hundred feet as you moved away from the airport. He said a 50 ft. height limit at the end of the clear zone would be appropriate, but a 150 ft. height limit at the edge of the overflight area would also be needed. _ He said something is needed in between those varying increments. He said that's where we would have cumbersome zoning.on the ground: Chairman Walter said that the FAA laws limits should be adequate. Staff stated those limits are not adequate. He said with the situation we have now, anyone that wanted to build in these areas, our Building Department would have to issue permits. He said at this time, there is no zoning that limits what can be built, and how high. He said something- needs to pertain only to airports. Commissioner Rossas said ALUC agreed to this when it was set up. Commissioner Lambert said she found confusion regarding the terminology of the Planning Director, Planning Commission, and the Planning Department. Staff asked 'if the Commissioners had their comments ready to submit to staff, so a second draft could be prepared. Commissioner Lambert commented on an item on page 1, that is to protect the public and private investments in airports, by insuring compatible land uses surrounding the "County's airports". She said the county does not own any airports, and this should be changed to "airports within the county". Chairman Walter asked if the next stage would be a second draft? Staff said yes. He said they -also need to start working with the Code Amendments to allow airports with a Use Permit, in various zones where. it is appropriate. He said not to expect the second draft at the next meeting, due to time constraints. Commissioner Lambert asked if her alternate, Dr. Schwartz, could get a .packet for the Planning Commission's meeting that is scheduled for tomorrow? ' . Staff said packets are available at "the planning office.. Chairman Walter stated this will be on the next month's agenda as a progress report. 4. Status Report - Chico Municipal Airport Environs Plan Staff reported that before this meeting was called to order, staff received a. message from Commissioner Fred Davis, sending his apologies for not being able to attend today. Staff stated it still looks like a few months before Chico gets any word from, the Division of Aeronautics on funding. Staff asked if this should be brought back on October's agenda?. BUTTE COUNTY AIRPORT LAND USE CONMUSSION 16 MINUTES - August 8,'1990 Commissioner Rossas said Chico will have nothing new to report until October. Staff stated this will be brought back on November's agenda. 5. Discussion - Private use airports. Cliff Johnson's. Richvale Cliff Johnson's Staff reported that Code Enforcement Officers visited Cliff Johnson's Airport. He said the situation is that they have a paved runway that is marked private. Staff said there are taxi ways that may be roads or driveways. He said there is great suspicion there is aircraft from other lots in that area, accessing the. airport on a regular basis. He said if this be the case, Mr. Johnson would be in violation of his permit that was approved in 1985. Staff said we have not been able to verify exactly what the ongoing situation is. He said Code Enforcement Officers are trying to get in contact with neighbors to start keeping track of aircraft registration numbers. Chairman Walter said there is no violation, unless further information indicates such. Commissioner Franklin said he flew over Johnson's Airport twice, after ALUC's last meeting. He said he did not find a hanger the first time, then he saw only the one, on his second trip. Commissioner Crotts said it is hard to .tell if it is a garage door or a hanger door, from . the air. She stated it is built onto the house. Chairman Walter requested this status report to be continued. Staff said this item will be continued after more information is received.. Commissioner Lambert asked if there is a code violation, will it come back to ALUC? Staff said yes, ALUC acted on the private airport permit in 1985, so itwould need to come back to this body.. Commissioner Lambert asked if there was a Use Permit issued? Staff said at that time it was zoned.A-2 (Agricultural - 2 acre parcels), which allowed' almost anything. He stated at the time, Mr. Johnson. needed approval by the local government body to have a private airport. Staff said Mr. Johnson came to ALUC, went through basically a use permit process, but is not called a Use Permit. He said�� that=it was ratified by the 'Board of Supervisors: BUTTE COUNTY AIRPORT LAND USE COM[NUSSION 17 MINUTES - August 8, 1990 Commissioner Lambert asked if the conditions were placed on the permit by ALUC? Staff said that the Board of Supervisors included the conditions in their approval of the permit. Richvale Staff reported that an Airport Land Use Plan will be needed for Richvale Airport, Jones Airport, and any other ag-based operations. He said those will fall under that special use category that Caltrans has defined. He said if a new airport was proposed it would fit into those categories, the applicant should have to bear the expense of preparing the Airport Land Use Plan. He said however, this would not apply to Richvale or Jones Airport because they are -pre-existing airports. Chairman Walter asked staff to add Jones Airport, and keep Richvale and Johnson's Airports on as progress reports on next month's agenda. 6. Business from the floor None. VI. CORRESPONDENCE Commissioner Lambert said staff has received a letter from Dr. Schwartz to act as her alternate: VII. REFERRALS TO STAFF AND FORMATION..OF .COMMITTEES None. VIII. ANNOUNCEMENTS" No announcements. BUTTE COUN'T'Y AIRPORT LAND USE .CON USSION 18 NQNUTES August 8, 1990 It was moved by Commissioner Rossas, seconded by Commissioner Franklin and unanimously carried to adjourn the meeting of August 8, 1990 at 10:33 a.m. The next meeting is scheduled for September 12, 1990.. CARL WALTER, Chairman Airport Land Use Commission N -V BUTTE COUNTY AIRPORT ,LAND USE COMMISSION AGENDA AUGUST 8, 1990 ......... . .. TIME: 9:00 a.m. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance Roll Call Approval of Minutes of July 11, 1990. IV. Consent Agenda V. Business 1. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. Request comments on Airport Master Plan fro Commissioners. 2. Review - Tentative Parcel Map, AP 042-610-046, Conformance with Ranchaero Airport Land Use Plan. 3. Discussion - Code Amendments and Overlay Zone. 4. Status Report - Chico Municipal Airport Environs Plan. 5. Discussion - Private use airports, Cliff Johnson's, Richvale. 6. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda.) VI. Correspondence VII. Referrals to Staff and Formation of Committees VIII. Announcements 1. Next meeting is scheduled for September 12, 1990. Eu tte, coun LAND OF NATURAL WEALTH AND BEAUTY PLANNING DEPARTMENT 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 BUTTE COUNTY AIRPORT ,LAND USE COMMISSION AGENDA AUGUST 8, 1990 ......... . .. TIME: 9:00 a.m. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance Roll Call Approval of Minutes of July 11, 1990. IV. Consent Agenda V. Business 1. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. Request comments on Airport Master Plan fro Commissioners. 2. Review - Tentative Parcel Map, AP 042-610-046, Conformance with Ranchaero Airport Land Use Plan. 3. Discussion - Code Amendments and Overlay Zone. 4. Status Report - Chico Municipal Airport Environs Plan. 5. Discussion - Private use airports, Cliff Johnson's, Richvale. 6. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited by State Law from taking Action on any item presented if it is not listed on the agenda.) VI. Correspondence VII. Referrals to Staff and Formation of Committees VIII. Announcements 1. Next meeting is scheduled for September 12, 1990. BUTTE COUNTY AIRPORT LAND USE CONMUSSION MINUTES - July 113, 1990 The meeting of the Airport Land Use Commission (ALUC) was called to order at 9:03 a.m. on July 11, 1990, in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. I. PLEDGE OF ALLEGIANCE II. ROLL CALL Present: Commissioners Franklin, Boness, Davis, Lambert, Crotts and Chairman Walter Absent: Commissioners Stevens and Rossas Staff: David Hironimus and Jackie O'Brien III.. APPROVAL OF MINUTES The Commission had the following correction: page 4, item #6, last line, should read, "The study will take approximately 18 months." It was moved by Commissioner Lambert, seconded by Commissioner Crotts to approve the minutes of July 11, 1990, as corrected. IV. CONSENT AGENDA There were no items to be discussed. V. BUSINESS 1. Review - Butte County Planning Commission rezoning of land located under the northerly approach zone of the Ranchaero Airport. along Bidwell Avenue and Glenwood Avenue. Southwest of Chico. Staff told the Commission there was a map included in the packets that is the Planning .f Department staff proposal for the Planning Commission. It is scheduled for Planning _y Commission hearings for August 9, 1990. Staff asked for ALUC's comments so they can be included in the Staff Findings that are taken to the Planning Commission. At this time Commissioner Lambert introduced Dr. Schwartz to the Commission, who may be serving as her alternate. Chairman Walter asked Staff what this property is currently zoned. Staff replied A -SR (Agricultural -Suburban Residential) which allows up to 4 dwelling units per acre. Chairman Walter said the Planning Commission is proposing SR -1 and A-5. Staff replied the area is currently zoned A -SR. The Planning Commission added the A-5 area to ALUC's recommendation because it is an area that is located on the rural side of the Greenline, and the A -SR zoning does not conform to the Greenline policies. Commissioner Lambert asked staff if 4 dwellings units per acre are allowed on ASR. Staff said the minimum lot size in the ASR zone is 8,125 sq.ft. which would allow 5+ lots, but with streets and roads, there will be only 4 to 5 units. Commissioner Boness asked how much of the property is developed to that standard? Chairman Walter said there are 6 lots currently of 1 acre . each. One of these lots came before this body for division into 1/2 acre parcels in March, 1990. Chairman Walter said that Commissioner Lando said that Chico is intending to prezone this area. Staff said the City of Chico Planning Department has received our comments regarding Ranchaero Airport and the departments recommendations for minimum lot sizes. The City Planning Department will forward those comments to the City Council and their Planning Commission when appropriate. Commissioner Davis asked if the area is proposed as A-5 on the west side of the Greenline? Staff answered yes. The Greenline at that location comes down Glenwood Avenue to the creek and then east along the creek., -' • .. - mak. +. . -.-. ,.. :�...L�. Chairman Walter asked if there is any action that the Planning Commission expects from this commission? • BUTTE COUN'T'Y AIRPORT LAND USE COM MSSION AHNUTES - July 11, 1990 Staff said a statement either lending support or any comments for other proposals or a statement saying why it should be adopted. Chairman Walter said he attended the Advisory Agency meeting as an individual, and asked the Advisory Agency to hold off approving this project until this rezoning was completed. Staff said that the Advisory Agency continued the hearing for a week. Advisory Agency met again July 9, 1990 with complete information as to what ALUC had recommended regarding the parcel map. He stated since it has always been the policy of the Board of Supervisors to permit projects that conform to the existing zone to continue and since the Advisory Agency had no direction from the Board of Supervisors to hold the project the Advisory Agency approved this project. Commissioner Davis asked what the project was? Staff answered that the project was a Tentative Parcel Map to divide one of the 1 acre parcels into 2 parcels of 1/2 acres each. Commissioner Davis asked how they would do that with out any sewer system? Staff said he understood they would be connecting to the the sewer extended from other projects in the area. Chairman Walter asked if this should have required a finding by the Board of Supervisors since this does not meet the criteria that Ranchaero Airport Land Use Plan to override the plan. Staff commented that this Commission at its April meeting reversed itself and found that the project did conform to the policies of the Ranchaero Airport Land Use Plan. That finding was forwarded to the Advisory Agency at that time, and no further action was necessary. Chairman Walter commented that in March the finding was made that the division did not comply with the Ranchaero Airport Land Use Plan. The minutes of the April meeting stated that the finding was reversed and this Commission made no specific findings that it complied with the Ranchaero Airport Land Use Plan. Staff said that this Commission forwarded its recommendations to the Advisory Agency. Staff recommended to the Chairman if he thought the Commission or staff did something illegal, to put it back on the agenda for action. Chairman Walter said it would be advisable for the Planning Department to have a legal opinion based upon the reading of the minutes. He told the Commission he questioned - the minutes. r - BUTTE COUNTY AIRPORT LAND USE COMNIISSION 4 MINUTES - July 11, 1990 Staff told Chairman Walter if he thought the Commission or staff has done something illegal, to either request that staff be removed from this position or bring legal action against staff and the Commission. Chairman Walter said he was not accusing staff of any wrong doing. He stated that the Commission did not make the complete findings. Commissioner Davis asked if it would be proper to ask staff to ask County Counsel to review the minutes and the actions of the Commission and give us a written opinion. Chairman Walter said that is what he would like. It was moved by Commissioner Davis, seconded by Commissioner Lambert to ask staff to ask County Counsel for a legal opinion on the actions which were taken in the March and April meetings concerning the Donalson/Galli, Tentative Parcel Map, by the following vote: AYES: Commissioner Boness, Davis, Lambert, Crotts and Chairman Walter NOES: Commissioner Franklin ABSENT: Commissioners Franklin and Stevens . Commissioner Crotts said she was still very confused. She thought if they did not vote for the project, it would be declaring the land unusable and may be liable for other legal obligations. Commissioner Davis said that it would be appropriate to get the matter clarified to see if there needs to be further action by the Commission, then they can vote on proper findings if deemed necessary by the County Counsel's opinion. The meeting was then opened to the public. Alternate Commissioner Gerst questioned the Ranchaero Land Use Plan. He understood that the adopted plan for this area calls for 1 dwelling unit per 5 acres. Staff said that the Airport Land Use Plan is intended to provide guidance to local city or county planning agencies. The County and City zoning and General Plans are to be in conformity with the Airport Land Use Plan. The direction that staff has had in the past has been that parcels 5 acres or larger conform to the plan, and staff doesn't need to bring it to this body for review. Parcels under 5 acres have to be reviewed and may be found in conformity. Commissioner Gerst asked if this 5 acre minimum is an overlay zone? a4,4-:. _ _ BUTTE COUNTY AIRPORT LAND USE CObAIISSION 5 MINUTES -Jay li, 1990 Staff said this is a set of policies that have been forwarded to Butte County Planning Commission. Commissioner Gerst said that this policy was established on Health and Safety of the airport. His understanding is that when an adopted policy is an overlay zone, then it takes a finding that it is not a health and safety problem in order to increase the density. Staff said according to the Public Utilities Code, those findings would be made when a local agency overrides an Airport Land Use Commissions' findings. Commissioner Gerst said he thought the Commission had adopted an overlay zone when the Land Use Plan was adopted for 5 acres. Staff said it is down to 5 acres. If the compatible land use is 1 dwelling unit per 5 acres, any smaller parcel is subject to this Commissions review. This Commission on several occasions has found higher densities compatible with the provisions of the plan. Commissioner Gerst said he does not see how it could be found compatible if it has already been adopted for 1 dwelling unit per 5 acres. Staff said' the Commission has not adopted a 5 acre minimum but has adopted a 5 acre threshold. Any parcels smaller than 5 acres require ALUC's review. Commissioner Gerst said he feels that this Commission is not looking after the welfare of Ranchaero Airport. Staff said perhaps this Commission would like to try amending Ranchaero Airport Land Use Plan to clarify it policies. Chairman Walter said it clearly states that grandfathering is affected here. Commissioner Gerst said he doesn't understand how these lots are 1 acre. Staff said they are proposed for 1 acre parcel minimums and they are 1 acre lots. Commissioner Gerst said he understood that staff told him that it could go up to 4 units per acre. Staff said the existing zoning would allow up to 4 dwelling units. The proposal to change the zoning to 1 acre minimums would freeze it. Staff said they would resist the idea of 5 acre zoning because of the incompatibility of the types of uses that are allowed within that type zoning. BUTTE COUNTY AIRPORT LAND USE COMMSSION MINUTES - July 11, 1990 let Chairman Walter said that 1 acre zoning recognizes the existing conditions and closed the public part of the session. Chairman Walter said his own feeling is that 1 acre zoning is the best compromise with the existing situation and development for the area. Commissioner Lambert said we should also include comments on the A-5 since the approach zone fan has been enlarged to cover that area. It was moved by Commissioner Lambert, seconded by Commissioner Davis and unanimously carried to endorse the proposal for rezoning to SR -1 for that portion east of Glenwood Avenue and A-5 for the west side of Glenwood Avenue. 2. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. Commissioner Boness told the Commission that their consultant is still revising the report that was submitted to the City of Chico for this Commissions comments. He said they are hoping for it to come before the Oroville Planning Commission in September. Staff said that if we can get the draft back to this Commission for comments prior to the City Planning Commission's action, we can include this into the record pursuant to the. Public Utilities Code. Commissioner Boness said that the City of Oroville is currently reviewing proposals for a general plan revision. Whether or not it will specifically trigger any more is unknown at this time. Staff said under the Public Utilities Code that general plan amendments and rezones should come to this Commission for comment. Commissioner Boness said it would be appropriate as part of the Planning Commission review for this Commission as well as others to have a copy of the plan for review. Staff summarized the project for those who have not followed it. Staff told how the City of Oroville will revise their Airport Master Plan, which will mean we will need to revise our Airport Land Use Plans maps and the location of clear zones. Once the master plan is adopted, ALUC will have to revise the Oroville Airport Environs Land Use Plan. Commissioner Boness discussed some of the construction phases that are going on with :. the airport. Discussion was open to the public. There was no discussion and the hearing was closed. Chairman Walter asked for this item be on agenda next month. BUTTE COUNTY AIRPORT LAND USE CONDESSION MINUTES - July 11, 1990 3. Status Report - Airport Zone, Code Amendments. and Overlay Zone. 7 Staff said the Airport zone has been adopted and is in place on the two privately owned public access airports that are in the county. Chairman Walter asked if the Airport Zone was adopted by the Board of Supervisors in Chapter 24? Staff said Ranchaero and Paradise Airports both carry the A -Z (Airport Zone) now. Commissioner Davis asked if it was just the land owned by the agency? Staff replied yes, it allows the addition of hangers and such without having to go through the use permit process for the expansion of a nonconforming use. He said that the proposed code amendments will allow the consideration of private personal use airports in the agricultural zones and other large acreage zones that are within the county. Staff reminded the Commission they are looking at requiring an application for an airport to have some minimum lengths and some required clear zone, either on the subject property, or a clear indication that easements are available from the neighbors. Staff said that the Division of Aeronautics defines the minimum length as being approximately 1,600 feet. He said we have trapezoidal clear zones for our public use airports. He mentioned that for private airports, the necessity of having to draw up legal descriptions for easements, it may be easier to use rectangular clear zones as delineated in our Airport Land Use Planning handbooks. Commissioner Franklin said it is an option and an applicant should be able to submit a rectangular clear zone if one is desired. Staff said we could do a series of progressively larger rectangular clear zones. Commissioner Davis asked what are we proposing for clear zones? Staff replied nothing as yet, but it will be close to what the Airport Land Use Planning handbook recommends for general aviation field such as Ranchaero or Paradise. Commissioner Franklin said a 1000 ft. of clear zone is plenty. He .said he does not see why that should changed. Commissioner Davis asked if the State requires a recommendation from ALUC prior to - ,. the time they issue an airport permit? Staff said yes, for everything except agricultural strips and private airports. He said private use airports have been defined into 2 classifications: personal use *and special use. Personal use airports are used by the owner and an occasional invited guest.. }z:." BUTTE COUNTY AIRPORT LAND USE COMMISSION MINiJTEs - July il, 1990 8 Airport Land Use Regulations per the Public Utilities Code do not apply. In the past the State has not required an airport permit. The special use definition now would require Airport Land Use permits. He said special use airports may be owned and operated by an association, may have commercial activity or may be used by the general public on prior approval basis. He said that he will draft a letter to the State asking if _ the new definitions would include agricultural base airports. Chairman Walter said the Commission should wait until staff receives answers back from the State. Staff said agricultural base airports are allowed in agricultural zoning as an agricultural accessory. He said it seems that we will need to require permits, (which has been proposed for our code amendments) for the base operations because of the hazardous materials, etc. Commissioner Lambert asked what Cliff Johnson's Airport would be classified as? Staff said under the new definitions, the Johnson's Airport is a personal use airport. He said it was approved for him and his occasional invited guests, but we have indications that he has expanded it beyond that. Commissioner Lambert asked if we were to have a development such as Cameron Park, would that be defined as private use? Staff said it would be a special use airport, assuming it is not open to anybody except the land owners. Commissioner Lambert said we need to incorporate various definitions. Staff said we could incorporate the new definition to our zoning code. Chairman Walter said the Commission will wait until the State gets back to Staff to formulate some of these definitions. Staff said the next phase is the overlay zone. A draft was handed out to the Commissioners. He said they have completely changed the way they are handling height limits, approach slopes or imaginary surfaces. He said it will be set up with the airport overlay zone or AOL, then hyphenated with a number beyond it which would be the maximum building or structure height in feet that would be permitted. He said that AOL -50, AOL -75, or AOL -20, or other height limits may be appropriate. Chairman Walter asked how this fits in with the Chico Airport Land Use Plan and their ground clearance criteria and method of controlling heights? BUTTE COUNTY AIIiPORT LAND USE COhIhIISSION 9 MINUTES -July il, 1990 Staff said as the terrain climbs going to the north, you need to lower height limits in order to maintain a situation where a building, antenna or tree would not pierce the surface. He said, for example, there are some spots near where the power lines cross Cohasset Road there is only 20 feet of clearance between the ground and the horizontal and conical surfaces. In that case there would need to be an AOL -20 zone, and anything that needs to be higher would take a Use Permit which would trigger review by Caltrans and FAA. Commissioner Davis what runs this process rather than the standard approach zones? Staff said there are 4 different airports that all have different approach slope requirements. Trying to use one set of requirements for all of them will result in being either too high for 1 airport or being too restrictive for others. He said from there is a huge amount of confusion among the public as to what a slope requirement means to their specific property. So if we give them an overlay zone with a 50 ft. height limit above ground level, then they know nothing can be built higher than 50 ft. He said if someone had something special to build, they could apply for the permits. He said we would set up height limits that are lower than the actual surfaces for many reasons such as fire fighting capabilities. Commissioner Davis asked if this would be more restrictive with the Chico Airport approach zone? Staff said there is a clause towards the end of the draft ordinance that states that the more restrictive regulation would take precedence. Commissioner Davis said the most difficult part is administering it with the Building Department. Staff asked the Commission to review the report and will ask for comments at next month's meeting. Commissioner Davis asked if it was recommended by the State or any other airport authority? Staff said there are different agencies that have overlay zones, including the Chico and Oroville. He stated they have been collecting information from many different jurisdictions and are trying to tie them together with the Division of Aeronautics definitions. He said it is a method for the Commission to implement the Airport Land Use Plan policies without having to have complete custom zones in the vicinity of the airports.:. Chairman Walter asked if ALUC is mentioned in here? BUTTE COUNTY AIRPORT LAND USE COMNUSSION 10 MINUTES - July 11, 1990 Staff said that ALUC uses the Airport Land Use Plan to set up the parameters we are dealing with. He said the actual zone adopted for each airport would be written up accordingly to the Airport Land Use Plan policies. He said it will also require a Use Permit for any structure on any property that is designated in the clear zone. Commissioner Davis asked for any tree being planted if it would require a permit? Staff said if it is going to exceed those height limits. Commissioner Davis asked what the height limit would be? Staff said it would vary depending on what the terrain elevation was and how far it was from the airport. Commissioner Davis asked if there is a minimum height limit they can build to without any permits? Staff said it would depend. For example, there might be a 50 ft height limit close to the airport and then some distance out from it, in an area that is easy to describe, such as property lines or streets increase the limit to 75 or 100 ft. Then as the terrain rises to the north of the Chico Airport the limit might have to drop back down to 50 ft. or perhaps as low as 20 ft. In each of those zones they could go to the designated height, without having to go through the permit process. Commissioner Davis mentioned there is a number of court cases going on with air zoning. He said you can find in our ordinance. that a person can build up to 35 ft. and that was based on some court cases that indicated that it was not a taking. Staff said we would probably be looking at 50 ft. minimums. However, terrain considerations north of the Chico Airport would need to drop lower in order to comply with FAA Mandated surfaces. Staff asked the Commission for comments regarding minimum lengths for private use airports. Commissioner Franklin commented that the minimum length for a private use airport would depend on the length required by the plane that landed. Chairman Walter said to minimize complaints from neighbors and from people off the ends of the airport, he would like the idea of having an easement or indication that the private airport owner has permission to fly over his property at low altitude. Commissioner Franklin said that the clear zone is more important than the length of the _ runway. The hearing was then open to the public. There was no comments. The hearing was then closed. Chairman Walter asked to have this item on next months agenda as a progress report. 4. Status Report - Chico Municipal Airport Environs Plan Commissioner Davis said there were no changes. Funding from Federal Aviation Administration should be available in October, 1990. 5. Discussion - ayylicability of the City of Chico Airport Overlay zone to Ranchaero Airport. Chairman Walter said that Commissioner Lando had mentioned at the last meeting that the City of Chico has an overlay zone that might cover Ranchaero airport. Commissioner Davis said if it did cover Ranchaero Airport the overlay zone would be too high. Staff said that assuming the City annexes there needs to be some kind of overlay in the approach zone and airport overflight area of Ranchaero Airport. Commissioner Davis said depending on what clear zone the county adopts, the city should adopt the same plan. He asked if anyone has talked with the owner of Ranchaero as to what their long term plans were for the airport? Staff had spoken with the owner of the land, Mac Hill, and as long as it is economical feasible to keep the airport open, he will. But if there is a situation that causes a big problem he may shut down the airport. Chairman Walter said since the airport is located on the agricultural side of the Greenline, there is no development pressure as there is in other areas. Staff said the encroachment that is likely to take place in the various safety zones has taken place already and the airport will probably be viable until such time as the Greenline moved. 6.' Discussion - Private use airports Cliff Johnson's Richvale Chairman Walter said there has been a change in the usage of Cliff Johnson's Airport. He said Cliff Johnson's Airport is on property he owns, but it is serviced by a taxi strip which appears to go into other peoples property which leads to. other hangers. _ He said it appears he is selling or has sold off his property to other people who are using that same air strip. He said this has generated complaints from a neighbors. He said it appears that we have a second owner, who is now using the same air strip. He - - - - - asked staff if the Code Enforcement Officer has looked at the property and made a report? Staff said in terms of the airport, the Code Enforcement Officer has not been out there to file a report. He said the permit that was issued by ALUC in 1975, talked about a private personal use airport, so this expansion is clearly in violation of that. Chairman Walter said the majority of the airport is on Johnson's property, but the property line directly at the end of it, runs into Brown's property. Staff said that the land division was done after the airport was approved. Chairman Walter said there is no definition of a private airport, whether more than 1 property owner is responsible for it. Staff said that the new definition the State has come up with allows us to deal with that. The discussion within the minutes talk about Cliff Johnson's use and his occasional guests. What the State doesn't define is what "occasional" is. Staff said that this now appears to be a special use and not a personal use airport. Commissioner Lambert said that if this Commission doesn't feel it is appropriate to have a special use airport there, Mr. Johnson would have a choice to either go back to a personal use airport or to shut it down. What does this do to Mr. Brown, .who bought property with a piece of an airport? Staff said it might be very interesting for the various counsels to discuss. He said if Mr. Johnson sold the property representing it as having airport access, and he didn't have an airport that he could sell access too, there might be cause for action. Commissioner Franklin asked if he grandfathers under a private use? Staff said that this airport was set up as a personal use private use airport for Clif Johnson only. Commissioner Franklin asked is a private use for him allowed for the other adjacent property owners. Staff stated that on the Negative Declaration that was filed in 1985 the description of the project was a permit to allow privately owned private use airport with Cliff Johnson as the only owner. Commissioner Lambert asked where the project went after the Use Permit went to ALUC. 13 Staff said it then went to the Board of Supervisors for a determination that it conformed to the zoning that was in effect at that time. At that time Caltrans required an action by the local agencies. Staff then read from the minutes of ALUC. Commissioner Davis asked if it was permitted by the State? Staff said it required a permit by the state. The file contains copies of the application for the Division of Aeronautics. Commissioner Lambert said there are lights going and coming in at night, which has generated other complaints. Chairman Walter asked to get a report from the Code Enforcement Officer as to what the actual situation is. We have complaints from neighbors, but we do not have anything official. Commissioner Franklin asked what would happen if Mr. Johnson comes before this Commission and asks for a special use, would it be in conformance? Staff said when Mr. Johnson upgrades to anything other than a personal use airport, then he will have a requirement for more runway then he has room for. Staff said that Caltrans would not allow the displaced threshold for anything other than a personal use airport. Commissioner Crotts questioned the paving of Mr. Johnson's runway. Staff said it isn't really changing the character of the runway. Chairman Davis mentioned that it might change the drainage pattern. Chairman Walter asked staff to have the Code Enforcement Officer report, hopefully by the next meeting, with recommendations as to what impacts the situation may have to State regulations. Staff said State would be interested in knowing that Mr. Johnson has a special use airport. Commissioner Lambert wondered if someone from the State would be able to come in and comment on the situation. The discussion was then opened to the public. Alternate Commissioner Gerst said he questioned private airports. He said a couple years ago, it was decided that the Jones Airport on Butte City Road is just as important as Richvale's. He said they have a commercial operation that handles ag-cats and sells=- one brand of aircraft parts exclusively on the west coast. The sales operation could get larger. He asked if it has been eliminated as a private airport? Staff replied no. It is operated under a Use Permit that the Planning Department issued several years ago. He said the question that we would have at this point is if, under the law, we would need to have an Airport Land Use Plan for it. It appears that we need clarification from Caltrans whether an agricultural base operation would come under definition of a special use or are they still going to call it agricultural and have it exempted from their requirements. He stated if they have a parts franchise and are selling to other agencies or operations, it may be that they have a special use airport now. Staff said we have other ag based strips around that are equally as important to the county and the economy that need to be protected and ALUC may need to adopt Airport Land Use Plans for them. Alternate Commissioner Gerst said Richvale's Airport is more of a club type.airport and is not used as extensively as the Jones Airport. He felt that the Jones Airport should have some kind of protection in case somebody encroaches into their safety and navigation zones. Staff replied that until now there are no requirements for an Airport Land Use Plan in that area. We have the Use Permit, what we don't have is designated clear zones on neighboring properties. He stated that activity on neighboring properties could comprise the viability of the airport. He said that the Jones runway ends some distance from the property line so he may have his own clear zone. Chairman Walter said in the absence of an Airport Land Use Plan, land divisions or subdivisions would normally never come before this Commission. He said that the airport owner may not even be notified if something is going on, unless he is within 300 feet of the project. Staff stated that not only do we notify neighbors within 300 feet, we have to notify at least 10 different owners. It is common in the rural areas to go 1/2 mile to get 10 different owners. Alternate Commissioner Gerst said he felt the airport or the county needs to protect the use that is in an airspace situation. Staff said it may be given these new definitions by the State. 'He stated that we have never dealt with this before because it is an agricultural strip that has been exempt from the Airport Land Use Plan requirements. He said now that we have new definitions for r,z , special use it may fall into that category because it is not strictly agricultural.. The discussion item was then closed. t- VIII. ANNOUNCEMENTS No announcements. It was moved by Commissioner Davis, seconded by Commissioner Franklin and unanimously carried to adjourn the meeting of July 11, 1990 at 10:40 a.m. The next meeting will be on August 8, 1990. CARL WALTER, Chairman Airport Land Use Commission /jlo - Inter -Departmental Memorandum To: Butte County Airport Land Use Commission From: David Hironimus, Planning Department Subject: Review of TPM AP 042-610-046 (Heimann) for conformity with the Ranchaero Airport Land Use Plan. Date: August 1, 1990 The above referenced project is located under the approach zone of the northerly end of Ranchaero Airport and is subject to Airport Land Use Commission (ALUC) review since the proposed lots are less than 5 acres. If approved, the project will result in two parcels of approximately 0.5 acre each on the north side of Bidwell Avenue. The property is also located in the area that the ALUC determined to be sensitive as to airport impacts. ALUC then requested the Butte County Planning Commission to consider one acre minimum lot size zoning for the subject property and other parcels along. Bidwell Avenue. The Planning Commission is scheduled to conduct public hearings on the proposed SR -1 (Suburban Residential - one acre parcels) on August 9, 1990 at 1:30 pm. Aircraft departing or approaching the airport will fly either directly over or in very close proximity to this property. The site is located approximately 1300 feet from the end of the runway and on the extended runway centerline. Even with the flight path diverted to the west in order to avoid the urban density development in the area, airplanes will pass very close to the site. Such areas have a statistically higher chance of being affected by crashes. Additionally, noise impacts to the property will be more noticeable, ' particularly during north wind departures when aircraft will be climbing at full power. Recommendation: Find that the proposed Tentative Parcel Map does not conform to the Policies of the Ranchaero Airport Land Use Plan because and forward this finding to the Butte County Advisory Agency. EXISTING ZONE AS BUTTE COUNTY AIRPORT LAND USE COMNIISSION AGENDA JULY 11, 1990 :L{•Y!h;%+.%:>Y.Lb}J^Yn}v?:M'Ji.MJ:Nl9:�i00!M�'/. .'::.:.... .:.. ... Yi^NO�.:flmY�?!6)Y. .: ..Y�6]N/TYIA)bY:`i?NF1.Ml:'1M?]D}.�r.+i?ttL.J.+�>Y.!LbWJ. fi:i:?3%4:. f. .:: J.tin. {...::. i..: -0t 11.w.'mu,!+.M+.!wvwi!!4......... ...... ... ... yoR�BS�:!✓�Mt>TR'C:l..f.: •.....::.......:J 'TINE: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance ' II. Roll Call III. Approval of Minutes of June 13, 1990. IV. Consent Agenda V. Business I. y L Review - Butte County Planning Commission rezoning of land located under the northerly approach zone . of the Ranchaero Airport, along Bidwell Ave and Glenwood Ave, Southwest of Chico. counfq 2. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport :- -ffutte w �! 4. Status Report - Chico Municipal Airport Environs Plan. LAND OF NATURAL WEALTH AND BEAUTY 6. Discussion - Private use airports, Cliff Johnson's, Richvale. PLANNING DEPARTMENT 7. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 the agenda.) TELEPHONE: (916) 538-7601 BUTTE COUNTY AIRPORT LAND USE COMNIISSION AGENDA JULY 11, 1990 :L{•Y!h;%+.%:>Y.Lb}J^Yn}v?:M'Ji.MJ:Nl9:�i00!M�'/. .'::.:.... .:.. ... Yi^NO�.:flmY�?!6)Y. .: ..Y�6]N/TYIA)bY:`i?NF1.Ml:'1M?]D}.�r.+i?ttL.J.+�>Y.!LbWJ. fi:i:?3%4:. f. .:: J.tin. {...::. i..: -0t 11.w.'mu,!+.M+.!wvwi!!4......... ...... ... ... yoR�BS�:!✓�Mt>TR'C:l..f.: •.....::.......:J 'TINE: 9:00 am. PLACE: Board of Supervisor's Room County Administration 25 County Center Drive Oroville, CA 95965 I. Pledge of Allegiance ' II. Roll Call III. Approval of Minutes of June 13, 1990. IV. Consent Agenda V. Business I. y L Review - Butte County Planning Commission rezoning of land located under the northerly approach zone . of the Ranchaero Airport, along Bidwell Ave and Glenwood Ave, Southwest of Chico. 2. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport Environs. 3. Status Report - Airport Zone, Code Amendments, and Overlay Zone. 4. Status Report - Chico Municipal Airport Environs Plan. 5. Discussion - Applicability of the City of Chico Airport Overlay zone to Ranchaero Airport. 6. Discussion - Private use airports, Cliff Johnson's, Richvale. 7. Business from the floor - (Presentations will be limited to three minutes. The Airport Land Use Commission is prohibited .by State Law from taking Action on any item presented if it is not listed on the agenda.) VI. Correspondence VII. Referrals to.Staff and Formation of Committees VIII. Announcements 1. Next meeting is scheduled for August 8, 1990. BUTTE COUNTY AIRPORT LAND USE CON INUSSION MINUTES - June 13, 1990 The meeting of the Airport. Land Use Commission (ALUC) was called to order at 9:05 a.m. on June 13, 1990, in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. I. PLEDGE OF ALLEGIANCE II. ROLL.CALL Present: Commissioners Rossas, Lando, Lambert, Crotts and Chairman Walter Absent:., Commissioners Franklin and Stevens Staff. David Hironimus and Jackie O'Brien III. APPROVAL OF MINUTES Approval of Minutes of April 11, 1990: It was moved by Commissioner Lando, seconded by Commissioner Rossas to approve the previously corrected minutes of April 11, 1990, including the attached statement,- as submitted from Chairman Walter 'with the following discussion: Commissioner Lando responded that the last statements submitted by Chairman Walter were incorrect and explained that the applicant approached him asking for reconsideration prior to the meeting and he responded that the Commission would talk about it at the meeting.' Commissioner Lando's decision was then changed at the meeting. Commissioner Lambert told the Commission that- her change of vote was not due to prior contact by the applicant. Commissioner Stevens arrived at approximately 9:08 a.m. It was moved by Commissioner Lando, seconded by Commissioner Rossas to approve the April 11, 1990 minutes by the following vote: r BUTTE. COUNTY AIRPORT LAND USE CON NMSION 2 NQNUTES - June 13, 1990 AYES: Commissioners Rossas, Lando, Stevens, Lambert, and Crotts. ABSENT: Commissioner Franklin ABSTAINED: Chairman Walter. Approval of Minutes of May 9 1990• It was moved by Commissioner Rossas, seconded by Commissioner Stevens and unanimously carried to approve the minutes of May 9, 1990 minutes as submitted. IV. CONSENT AGENDA There were no items to be discussed.. V. BUSINESS 1. Appointment of Member -at -Large Staff stated that Commissioner Franklins' .term had expired last meeting, and due to an oversight it was not put on May's agenda. This Commission may now reappoint Commissioner Franklin as Member -at -Large. It was moved by Commissioner Rossas, seconded by Commissioner Lando to nominate reappointment of Commissioner Franklin as Member -at -Large, witha' 4 year term. Nominations were then closed. The vote was unanimously carried to reappoint . Commission Franklin asMember-at-Large. Staff reminded Commissioners to appoint Alternates for their positions. Commissioner Crotts said she appointed Dino Corbin from KHSL TV to act as her alternate. r Commissioner Rossas said he would be absent for the July 11, 1990 meeting. Commissioner Lambert told the Commission that Mr. Roberson could not continue to, act as her alternate any longer, but' she has .someone in mind and he/she will be attending next month's meeting. BUTTE COUNTY AIRPORT LAND USE COMMUSSION 3 MINUTES - June 13, 1990 2. Status Revort - Butte County Planning Commission consideration of rezoning land located under the northerly approach zone of the Ranchaero Amort Staff reported that the Planning Department is still working on the rezone and that the the proposals should be finished by the July meeting. Chairman Walter asked staff to bring this item back as a status report on the July 11, 1990 agenda. 3. Review of City of Chico Annexation and Prezone located North of Bidwell Avenue and Ranchaero Airport. Planning Department received a review request from the City of Chico regarding a potential General Plan Amendment, Prezone and Annexation: The area involved is located southwest of Chico and north of Big Chico Creek. Staff sent comments regarding the requested prezone property along Bidwell and suggested that the same recommendation be incorporated into the cities plan. Staff noted the City's request arrived one day before ALUC's May's meeting and was not able to get this request on the agenda for ALUC's review. Commissioner Lando commented that the City of Chico has processed a General Plan Amendment, Prezone and an annexation application for areas below the Greenline and down to Big Chico Creek. He pointed out that the Chico City Council and Planning Commission both have traffic concerns with the area. He stated the amendment and zoning reduces density from both the County and City General Plan which conforms to the area. Chairman Walter asked if there would be a number of different zones? Commissioner Lando said that some of the R-3 zones would be reduced to R-2 and R-1 zones. Staff said that the comments were sent in time for the City to recognize that no greater density than 2 to the acre along Bidwell Avenue is appropriate and could reiterate. this in the form of a letter to the City Council. Chairman Walter asked Staff if there is a overlay zone in effect by the time of annexation, would the requirements of that overlay zone apply after the area is annexed to the city? Staff said that the only place a county overlay zone would apply, would be in the uncorporated portions of the county and would not apply to the city. The city already has airport overlay zoning that would be appropriate. • r BUTTE. COUNTY AIRPORT .LAND USE COMMUSSION 4 11 QNUTES - June 13, 1990 Commissioner Lando said there is an overlay zone in effect at this time which has been revised twice, based on requests for changes by the FAA. He said he would bring maps and requested this item be put on the July 11, 1990 agenda. 4. Status Report - Review of City of Oroville General Plan conformity Oroville Municipal Airport Environs Commissioner Rossas stated that Mr. Brandley has made changes on.the draft Airport Plan and should have copies avaiable in approximately 2 weeks. Commissioner Rossas told the Commission of the different improvements being done to the Oroville airport. He stated that progress was moving slowly due to bad weather. Chairman Walter asked staff to bring this item back on the July 11, 1990 agenda. 5. Status Report - Airport Zone Code Amendments and Overlay Zone Staff reminded the Commission that progress was moving slowly. Commissioner Lambert asked staff if this was 3 separate items? Staff stated that the airport zone has been adopted, the code amendment and overlay zone environmental documents will be finished prior to going to the Planning Commission. He stated the Planning Department needs to finish changes that have been submitted by the City of Oroville and Caltrans. Commissioner Lambert asked if the County has an overlay zone for airports? Staff said that the County's overlay zones are based on the ordinances adopted by the cities. He mentioned that Oroville and Chico each have only 1 airport, and the County has 4, therefore, the County ordinance needs to work differently for each airport, due to different amounts of traffic and approach slopes that are mandated by the Federal Aviation Regulation. Commissioner Lambert asked if Ranchaero Airport will be annexed? Commissioner Lando replied no, because it is on the rural side of the Greenline. Staff said that the approach zone on the north end of the airport will be over city property should this annexation take place. 6. Status Report - Chico Municipal Airport Environs Plan Commissioner Lando said funding should be available October 1, 1990. City staff has requested proposal hearings before the Chico Airport Commission, Airport Land Use Commission and Chico City Council. The study will tak BU1TE COUNTY AIRPORT LAND USE COMMSSION 5 MINUTES - June 13, 1990 Chairman Walter asked to have this item back on next month's agenda. 7. Business. from the Floor Chairman Walter said staff showed him a statistical report called "Aviation Economic Development in California", which is available for viewing through the Planning Department. VI. CORRESPONDENCE None. VII. REFERRALS TO STAFF AND FORMATION OF COMMITTEES None. VIII. ANNOUNCEMENTS No announcements. It was moved by Commissioner Rossas, seconded by Commissioner Lambert and unanimously carried to adjourn the meeting of June 13, 1990 at 9:40 a.m. The next meetingwill be on July 11, 1990.. CARL WALTER, Chairman Airport Land Use Commission /jlo Statement for the record: I was not present and can not vote on approval of the 11 April ALUC minutes. I have read them carefully, however, in the context of what preceded them, and digested what happened at the 11 April meeting, if those minutes accurately reflect the events thereat I want to pyt my observations into the record concerning -agenda items two and one of the 11 April meeting. Item 2 Staff States in the llApril minutes (page2,para3) that staff was asked to put an item on the April agenda to formally request rezoning along . Bidwell Ave (lots 48 thru54) to "not less than '%i acre" size. Reviewing the March minutes I find we made no such request. In fact they show ­that I had. -moved. that creating )nacre parcels would not confor_:m to the Ranchero f'49 Airport Plan and that that motion was carried unanimously.�I did request a draft rezone motion be prepared but for "not less than 1 acre"parcels, to correspond with existing parcel size. This important'qualification the minutes ignore. Half acre zoning�OU , of course, open the entire �V1 A17 / strip to-4lot splits which the staff has persistantly advocated: Item 1 Staff states that the applicant has requested Vreconsideration" of his lot split, a split we discussed at length in open public hearing 14 March and unanimously rejected. Reconsideration after such a decision. is in itself an unusual action, usually taken based on new information or conditions. In this case the applicant submitted no new justification or information; staff merely resubmitted to us the staff report we had already reviewed 14 March. One might ask why the staff threw the case back at the commission again? If the applicant appeared at the April hearing to state his case, there is no evidence in the minutes. If the commission considered new information in its public hearing or stated the reasons for the reversal of their prior decision, there is g_ evidence in the minutes. One is left with the impression that the applicant approached staff and/or some commissioners privately and that the subsequent revival of his case and. its rapid approval were "wired" before the meeting. One is also left with the impression, reading the minutes as presented, that the Brown Act has been winked at mi3re than a little. mormej NNEL M4 LINE SLO A-5 fl, p CD SROW MOftTll 400, SCALE I ."Do BUTTE COUNTYCAUFORNIt ZONING DISTRICT MAP CHICO PLANNING DIRECTQs:�--- APPROVED: — -- , - .. — ORD. I DATE I BY ORD. DATE 9t 2116 IOAPK D.R.K. 2191 24 S. A. 22 FeeL 82 D.R.M. 2500 11/10/65 C55 %(.Ift -In KK 2726 12- -88 L.N. 739 3-14-89 L. N. CT) ca INDEX MAP NO SCALE BUTTE COUNTY AIRPORT. LAND USE COMMISSION Commissioner Name and Address Alternate Agency that Appointed Term Enires Fred Davis ..._ P.O. Boz 3420 Tom Lando P.O. Box 3420 Airport Managers 5-4-92 Chico, CA 95927 Chico, CA 95927 (895-4803) (895-4870) Brenda Crotts 723 Moss Avenue Dino Corbin KHSL-TV Mgr. City Selection Committee 5-4-92 Chico, Ca 95926 P.O. Box 489 (891-2723) Chico, CA 95926 (345-8610) (342-0141) Carl Walter 67 Kokanee Drive Fred Gerst 1860 Laurel Street Board of. Supervisors 5-6-91 Oroville, CA 95966 Gridley, CA 95948 (589-2290) (846-2913) Nina Lambert 1643 River Road Board of 5=2-94 Chico, CA 95926 Supervisors (342-3780) (342-4295) . Pat Stevens 14 Service Circle Airport Manager 5-3-93 Oroville, CA 95966 (532-0665) Jim Rossas 2261 Perkins Wally Boness CITY OF OROVILLE City Selection Committee 5-6-91 Oroville, CA 95965 1675 Montgomery St. (533-4886) Oroville, Ca 95965 (538-2434) John Franklin 4405 Airport Road' Berry Creighton P.O. Box 1900 Member At Large 5-2-94 Paradise, CA 95969 Paradise, CA 95969 (877-8052) .(877-2068) Staff David R. Hironimus Jackie O'Brien Butte County Planning Dept.. Butte County Planning Dept. 7 County Center Drive 7 County Center Drive Oroville, CA 95965 Oroville, CA 95965 538-7601 538-7473 10 a.m. to 3 p.m. 8 a.m. to 5 p.m. J BUTTE COUNTY AIRPORT LAND USE COMMISSION MINUTES - March 14, 1990 The meeting of the Airport Land Use Commission (ALUQ was called to order at 9:05 a.m. on February 14, 1990, in the Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California. I. PLEDGE OF ALLEGIANCE II. ROLL CALL Present: Commissioners Rossas, Lando, Walter, Lambert, Crotts and Chairman Stevens. Absent: Commissioner Franklin Staff: David Hironimus and Jackie O'Brien III. APPROVAL OF MINUTES ItLwas moved by Commissioner. Walter, seconded by Commissioner Lando, and unanimously carried to approve the minutes of January 10, 1990 and February 14, 1990 as corrected. Commission had the following corrections of minutes of January 10, 1990. Page 1 change Roll Call Commissioner Walter absent, Page 1, 3rd paragraph change "Commissioner Walter" to "Commissioner Lambert", Page 3, 8th paragraph add, "about the rezone", Page 3, last paragraph add, "occurred at the Planning Commission hearing. Page 4, 3rd paragraph change "Commissioner Walter" to "Commissioner Lambert". Commission had the following corrections of minutes of February 14, 1990. Page 2, 9th paragraph delete, "and try to wipe the slate clean", Page 3, 4th paragraph add, "and that she would relay the ALUC's recommendation for avigation easement". IV. CONSENT AGENDA There were no items to be discussed. BUTTE COUNTY AIRPORT LAND USE CONMUSSION 2 MINUTES - February 14, 1990 V. BUSINESS 1. Review - Tentative Parcel Map. AP #042-150-053. Conformance with Ranchaero Airport Land Use Plan Staff gave the Commissioners a memo and maps for both the parcel split and the Ranchaero Airport area. He said the parcel is north of the approach/departure area. He said it has been zoned 1/4 acre and smaller parcels for years: Policies of the Airport Land Use plan for Ranchaero Airport would allow parcels that small with the Commissions review. Chairman Stevens asked if there was any discussion. Chairman Walter said there are lots of 1 acre parcels surrounding the subject property, and if this policy is established, the other parcels will be recommended by Staff for approval under the same conditions and the same justifications. Staff said that along Bidwell Avenue and on both sides of the parcel there are 3 parcels that are similar, the area north, east, and northwest are already developed into parcels 1/2 the size of those that are proposed. There are only 6 other parcels that could develop. He said that it could be found to conform with the policies of the Ranchaero Airport Land Use Plan or the Commission could make a motion that it does not conform. Chairman Stevens said she would vote no. She said it is too close to flight patterns. Commissioner Lando said that the Commission should start prior to any Greenline review. He said they would have to go through the EIR process for creating a 1/2 acre parcel zone. It was moved by Commissioner Lando and seconded by Commissioner Crotts to find the Tentative Parcel Map is in conformance with Ranchaero Airport Land Use Plan. Chairman Stevens asked if there were any further discussions. Commissioner Lambert said she would support it. She said her concern is that the avigation easement does not notify buyers in this area. She said if the Commission was to approve development, the. people surrounding should be notified. Staff said avigation easements are on most title reports. He said that most of the parcels do not have avigation easements because they were created before the Commission was formed. Commissioner Lando said that you can't get avigation easement -on private airports. BUTTE COUNTY AIRPORT LAND USE COMINUSSION 3 MINUTES - February 14, 1990 Commissioner Walter said the Commission could shift the pattern by moving it up creek, which would take problems off the Silvertree group. Commissioner Walter read from the staff memo. He said he didn't see how it was consistent with the Plan. Staff said the plan states the density can be increased with ALUC's approval. He said better wording for the plan should be, "they are conditionally compatible subject to ALUC's findings for smaller parcels". Commissioner Walter said that the Commissions policy is to make their best recommendations -to the Board of Supervisors and that he doesn't see how this conforms with Ranchaero Airport Land Use Plan. Commissioner. Lando said there were not enough,properties. involved, and withdrew the motion. Chairman Stevens withdrew the motion and asked if there were any other motions on the floor. Chairman Walters made a motion to., find that the project .to create two 1/2 acre parcels does not conform to the policies of the Ranchaero Airport Land Use Plan and that further increases in density in this area further compromise the safety and useability, of the airport. Seconded by Commissioner Crotts. Chairman Stevens asked if there was any further discussion of the motion on the floor. The motion was unanimously carried. Commissioner Lambert asked what was the Commission's action .with the parcels on Glenwood. Commissioner Lando said that the parcels on Glenwood should be zoned in a size that they will stay. Commissioner Lambert asked staff to bring it back up on the next agenda. Commissioner Walter instructed staff to bring it back with a draft motion. Staff said the property owners would be notified for the Planning Commission hearing and that this agency recommends that the Commission initiate the hearing. M BUTTE COUNTY AIRPORT.LAND USE COMINUSSION 4 MINUTES - February 14, 1990 Commissioner Lando said he was interested in the parcels along the creek and Bidwell Avenue. Staff said that there are other problems on Bidwell Ave. that should be aaddressed as N part of any rezone. Commissioner Lambert said that the Greenline zoning would take care of any concerns. 2. Status Report - Review of City of Oroville General Plan conformity - Oroville Municipal Airport'Environs Commissioner Rossas received the report from Mr. Brandley with the conditions and policies for ALUC. review and that the soil analysis was not included. He said it was so well written that it could be used, for bidding. 3. Status Report Airport Zone, Code. Amendments, and Overlay. Zone Staff said they were making slow progress. He said when this goes to hearing they will primarily be- looking at height limits, overlay zonings, and the types of uses. Chairman Stevens asked to bring this item back up on the next agenda. 4. Status Report - Chico Municipal Airport Environs Plan Commissioner Lando said, the Commission was submitting the application for the FAR 150 Study and that FAA should fund this in the next fiscal year. He said that they are going to , meet with FAA. 5. Business from the Floor There was none. Commissioner Franklin arrived at 9:30 a.m. VI. CORRESPONDENCE Staff said they recently received the summary titled "Aviation: The Third Dimension of California Infra -Structure report and that it was available in the office for viewing. Commissioner Lando left at 9:34 a.m. Commissioner Rossas left at' 9:35 a.m. BUTTE COUNTY AIRPORT LAND USE COM USSION .5 MINUTES February, 14, 1990 Commissioner Walter said AOPA has kits for those who make speeches on aviation and he had the information available. . VII. REFERRALS TO STAFF AND FORMATION OF COMMITTEES None. VIII. ANNOUNCEMENTS Commissioner Walter said he would be absent at the next meeting due to traveling. The next meeting will be on April 11, 1990. The meeting was adjourned at 9:35 p.m. PAT STEVENS, Chairman Airport Land Use Commission /jlo