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HomeMy WebLinkAboutAIRPORT CLEAR ZONE (ACZ) DISTRICTAIRPORT CLEAR ZONE (ACZ) DISTRICT A. PURPOSE .The Board of Supervisors declares that the ACZ District is intended to accomplish the following: 1. To recognize the importance of the Butte*County airports as regional transportation facilities and to prevent, incompatible development in their vicinity. 2. To protect the health, safety and welfare of persons -residing and working within the areas of airport influence. 3. To comply with applicable federal and state regulations and standards as they relate to the subjects of noise and safety to assure compatibility of uses in and around airports. - 4. To compile all references to standards, ordinances and policies concerning airports in one ordinance. 5. To implement standards and policies adopted by the appropriate Airport Environs Land Use Plans. B. APPLICATION 1. The following regulations apply in all combined districts that include the ACZ District and prevail over any con- flicting regulation of any principal or combined district with which the ACZ District is combined. 2. It is the intent of the Board of Supervisors that whenever this district is combined with any.principal or combined zone district, ,that the policies and standards of the Airport Environs Land Use Plans shall prevail over any zoning or other ordinances or regulations which may conflict with the standards and policies of the Airport Plan. 3. The ACZ District may be combined with,all zone districts applied to land within the boundary of the Airport'Plan. C. USES PERMITTED SUBJECT TO PLAN APPROVAL BY THE PLANNING COMMISSION 1. Any use permitted by the principal or combined district that involves structures, improvements or trees, either of permanent or temporary nature. 2. Any other use.permitted by the principal or combined district that conflicts with the policies of the appropriate Airport Environs Land Use Plan. U SIGNIFICANT MOMENTS IN THE HISTORY OF AIRPORT -LAND USE : LAWSUITS Compiled by Larry Thelen, Attorney, California Division Aeronautics CONTENTS 1. UNREG:ULATED.OR INCOMPATIBLY ZONED LAND NEAR AIRPORT ENTITLED TO COMPENSATION WHEN OVERFLIGHTS INTERFERE WITH ':*TRADITIONAL PROPERTY RIGHTS 11: ZONING WHICH RESULTS IN TAKING IS WQDu. ...III. GOOD NEWS FOR AIRPORT LAND USE REGULATORS: AS TO THE ZONING OF PROPERTY COMPATIBLE WITH THE AIRPORT, THERE IS: �I?RESUMPTION OF VALIDITY •MAY'EVEN BE A DUTY TO PROTECT BOTH THE AIRPORT FROM ; ...SURROUNDING LAND AND VICE VERSA W/OUT TRIGGERING CONDEMNATION EITHER WAY. , IV:: OTHER:J.URISD.IC.TIONS I r I. UNREGULATED OR INCOMPATIBLY ZONED LAND NEAR AIRPORT ENTITLED TO COMPENSATION WHEN OVERFLIGHTS INTERFERE WITH TRADITIONAL PROPERTY RIGHTS . ..Swetland w Curtiss Airports, 1932 i Owner -has.predominate right only over lower stratum of space, and may bring a trespass actlon;to prevent low flying aircraft from Invading it, absent an easement:=h3.v.trig .bee.nobtained by the airport, and 500 ft. min. flight altitude could:not:de_pri.ve-N'm of this right. (55 F2d'201.). U.-S. v.Causb.y, 1946 - Chicken farmer next to military airport entitled to recover in, eminent domain ...f.or:anvading.his airspace and fact FAA had approved it is of no moment. (328 U.S.:256) ;.._. Griggs V 'Allegheny'County, 1962 Where: noise from aircraft landing and taking off made a home located off the end of the 'runway unbearable for residential use, there was a"taking" of an air easement'over the property, and county, which had designed. airport for. public... use int-onfoftity with rules and segs of CAA was liable. (369-:U:S.84) City of. Oakland v. Nutter, 1970 ' Avigation.easement..condemnation includes damages not only. for glidepath, but .. � als.o:.forio.ise�dust7ft�mes. (13 CA3d 752) Dre.nnan=w: Ventura, Co.unty, 1.974 (38 CA3d 84) Smart.-v 'L.A.,-1.9&0.(112 CA3d 232) No inverse.liability for flying over a vacant lot, or an adjoining farm while crop dusting..:_:..;.. Airport doesi'not.get prescriptive easement merely by'repeatedly flying over vacant.prope:rty..'. ,,' Nestle.v: Cty-'of Santa Monica, 1972 Although -commercial flights cannot be enjoined, they can still constitute a. nuisance;:and.whether permanent or continuing depends on whether the harm suffered has concluded. Homeowner may sue airport -owning city for violating the zoning of his city by allowing.�over-flights. (6'C3d 920) ......... Parker. v:; City':of. LA,` 1974. Inv&s.e&when flig.hts.cause substantial. interference with use and enjoyment of residence, ::, .��suff.iciently direct and peculiar to individual that, .. . uncompensated, would cause resident to pay more than proper share .:.of -cost of operation of airport. (44. CA3d'556) Aaron v. City of LA, 1974 1nv_eese-w.hen airport operation causes aircraft noise [to sub,66ritiaily interferemith use/enjoyment of property sufficiently direct/,-p.ecyliarlhatIJUUncompensated, would pay more -than proper:share to evidencedby- lost of fair market value v. like homes.not noise impacted. (40 CA3d.471;). Gre:aterVestchester Homeowners v. City of L.A., 1979 Same as -:Nestle. v. Santa Monica, supra Dutton v,. --Mendocino County,1948 Ordinance purporting to limit structure height to 20 feet, for 500 feet around airport and.higher amounts thereafter void for attempting to take w/out compensation..:. (Superior:Court: U.,S::Av 1) Kissingerrv:,-City of LA.; 1958 While. apartments under construction, city downzones to single family. Held:'Ordinance void: ;for constituting a taking, since obvious purpose was to prevent Improvement so airport land could be bought cheaper. (the -property -taking -device maneuver) for'restricting heights to protect runway approaches. Scieed'.v Riverside County, 1963 When "lirpori Approach zoning"height restriction over property from 3 inches,4.6r 24 feet at airport end to 75 feet at other end of property would impose-'restrictio'ns on property so severe as to constitute a taking; zoning. Is (218,CA24.205)' , .:. BUT -BEWARE -OF: Peacock V. Sacramento County, 1969 Inverse triggered when: _:-..-i-Obviousl.y:attempt to keep land cheap for purchase, shown by •:Inclusion of airport In general plan and conforming formal actions • All practical economic use has been destroyed Severe Height Restrictions :,All development frozen However-�:!:Significantly, the trial court did not find that any of the county's enactments, standing alone, constituted .inverse condemnation." (p. 856). (271-C-A2d 845) City of Burbank v. Lockheed, 1973 U:S.--Su_preme_ Ct. rules 5 to 4 that ordinance by a non-airport-owning city is -prohibiting'nig ht.operations Is void, as regulating aircraft nflight, a subject preempted-by' f=ederal Aviation Act. Airport owners are nevertheless reserved some .rlghas: in this area. While majority does not comment on land use regs, . min:orty.stronglygndorses. (pg. 648) (411.-U:S.•.624). . • III. GOOD NEWS FOR AIRPORT LAND USE REGULATORS: AS TO.THE:ZONING:OF PROPERTY_ COMPATIBLE WITH THE. THERE IS: -PRESUMPTION.OF VALIDITY �. -MAY EVEN' BEA DUTY TO PROTECT BOTH THE AIRPORT FROM SURROUNDING LAND AND VICE VERSA W/OUT TRIGGERING CONDEMNATION':' EITHER WAY. Smith v: Santa:Barbara County, 1966 Rezoning :vacant.land near airport from residential to design industrial OK, even though the. admitted reason Is to accommodate the airportand to prevent future :s damages.to prospective residents. No allegation' property made valueless—only that it would be valueless as :. residentiaP property. (243 CA20°1:26): Morse, v..'San:Luis�Otiis o Co., 1967 . .. ... ...... Dowrizoning.1 ac, to 1/5 ac: not void as a take because: �:O�driance said Its purpose was to encourage agricultural use as v. . .. � •encroaching subd'evisions. . Findth'gs supporting ordinances presumed valid, absent contra- s'' W"'o n g, ontrashowing: (also 66 CJ3d 620) (Proximity of airport to land Is not alone enough to prove Intent to acquire land for airport cheap (247 CA2d 600) Spuc;lndust,r.'tes,,.lnc. v. De.I.Webb, 1972 ='•The residential:landowne.r�may.not have relief if he knowingly came to -a �-neighb& ood reserved for Industrial/agricultural endeavors and has been damaged thereby:::.: ; _ Corollary: ResWential zoning Is assurance to purchaser that property L5 fit for such purpose.., �... Cattle feedi:r 6-_- '6: to-move,- but d _.veloper had to pay moving costs because home. purchasers., hada newly obtalned 1ght to rely on residential character of area. �. (494 P2-d-700)'.::.:,. .F. ' Seib Realty.v.,:Ct of San Buena rentura 1973 Selby tY` ty t Enactment of general plan for fut re developoment of an area indicating potential: public uses of.privately ,wned land not Inverse, because no invasion%appropriation of a grope ty right. ' (10 C3d 1:10): HFH, LTD.,, . L A Superior Court 1975 Inver se.c.lai-med l0...Commerciai c' )wnzoned to Single Family'Residential:- tdot entitled,to:highest, most prof::able use, so no legal loss from down-zoning. '` (15 C3d'S08) ': IV. OTHER JURISDICTIONS Idaho: -Any use/height restrictions to protect runway approaches. Roark v. Coldwe'll,.1964.(394.P2d 641) Minnesota.: b ri0yty height- restrictions for the sole benefit of airport to the, burd6h-'olf-the-16w-but suggesting ok when "designed to effect:a comprehensive plan aridreciprocal: benefit/burdens are exchanged, and diminishmeni. of value alone not-:a:take when:value before and after agreed upon. McShane v. Farlbault, 1980 (292 NW26253) Maryland: _6.2/3 it 'to 331/3 ft: 500 ft. away hgt. restriction confiscatory. 1939.(1939:.US:Av 11) Mississippi::.Jackson Muni Airport Auth. v. Evans 1966, (191 So2d 126) New Jersey:. Trees/electrical communication restrictions equal taking. See Yara Eng. v. Neward, 1945, (40 A2d 559) Ohio: Pop density limits near airport together with height restrictions for airport hazards a take (Hageman v. Bd. of Trustees, 1969 (251 NE2d 507) No.. ake: .. Alabama:. 35.ft hgt IiFnit ok be minimizes hazard and appeals available for hard cases,. -Pagett v. Montgomery, 1963, (160 So2d 6) Florida: 28 ft. hgt. restriction ok because no showing that advertising tower to be lowered would. -lose value, and safety is a legitimate end for. police power. Sarasota/Nianatee Airport Auth v. Harrell's Candy Kitchen,: 1:957, (1958 US..Av 238) Illinois:: Wh.ere:structures to 72 ft would have to be reduced from 10 to 38 ft., no taking because hgt restrictions are designed to protect public from air hazard' prop.er.police power function. (La Salle Bank v: Cook.County, 1975, 340.,NE2d 79) NewHatnpsh:ire:: Depends on effect on each parcel of land. (Manchester Airport Auth-v..=Romano, 1980; (412 A2d 1020) Ohio: Not. a,taking:when no showing could have gone higher absent airport proxirnity::'(Hll§ v:,Corrigan,.1972, (278 NE2d 658) _ 0 .5 , ' ................... ..... — r L'A.N:D OF NATUR.A.1 WEA,LTFl- AND 'BEA'UTY r'; d OMMIS.. .. PLANNING C.SIO.N. .?, October .I9, 98.4 7 COUNTY CENTER. DRIVE 'OR - OVILLE; CALIF : ORNIA 95965=3397 PHONE: 534-460.1' " Chico Enterprise Record Pe 0' Box 9: Chico, CA .9592.7 The. fivst, neetin-g of the Airport Land Use Commissic(m will take place on October 22, .1 .9-814 at 1:.3-0..p..IIL-:. in,. the Board of Supervisors!' R60m,...25 County Center. Drive., 0r..owi.1le,-. " California..., . The. -.purpose of the. irieeting will .be 'to. empanel :the Commiss'i:on,. elect off icers,. 'determ.lne :t}ie -terms .o`f off:ice':pur"su-ar t. to*.' Public Utilities Code. Section: 2 671,.5, . anal.' to' d 1 sus-.s the ' appointinent of the seventh member (r.epresenting th.e. general publ 0 and' each' -member's, proxy. Attached: for your conven'ience is` th-e .agenda fox the'.October 22, .1984..meeting: r. _ If you have. -any .que::stions,..pleas-e feel fre.e to cont,act..t'his . office. Sincerely,. - ki.r.cb e r Director of Planning- BAK.: l k t . . Attachment LAND b N:ATUP.AI N!EALTH AN:DBEAUTY PANNING COMMI'SSION, OCtObP.2 19 9$4 7 COUNTY CENTER DRIVE - OROVFLL-E, CALIFORNIA 95965-3397 . ', `• _ PHONE:'S34•A60L' - . Ridge Gazette. j 5974 Skyway.. Paradise, CA. 9596.9 The. first meeting of tfie A rpo.r.t Land 'Use .Commission �a.ill ' take place -on -October _ 22,,. 1984. at 1::30 p:.m: in the'. B.oaard. .of- S.upervisor.s'. Room, 2'S County' Center Drive,. Or.ovle; California. Th:e purpose. of.. the meeting will . be -to :empan'el .. the Comm ssion, .: elect officers,. det,' mine the terms of, office p lrsuant to Public Util- ties Code ' Section .21.67.1:5, and .ta ;d iscuss the appointment of. the.. seventh. member (representing th.e g•.eneral.. pub'l'ic.) and e.acb. membe.r's. proxy: : ' Attached for your co:riven Brice. a. the a�g6hda for the: October 22, . 19$4` .meeting. I. If you have any: questions'., please- feel fre,e' to' contact this, office.. Sincerely, , Directorof.-.Plana_ing BAS:: lkt Attachment : ~ BUTTE COUN rRPORT LAND USE CO&�i4T S -S I OI� • AGENDA - OctoOr 22 l - ,.. 984 �, 1: 3:0. .: EALI...TO. ORDER BY BETTYE KIRCHER, . PLA:NN1N.G' .DIRE.CTOR, PLEDGE OF ALLEGIANCE. :.WELCOME.' Fntrod.uction.: of members - . BUSINESS 2. Selection .'of ' Officers and seating of Chairmaxt 2:: De't6rm nat on :of. Terms of: Office' (Ref P.0 C :: 21671-5) '• 3:, Naming of Proxies (R.ef :..P t- C16 -70 `.(d);).. b.. Discussion := Selection of General Public .Representative . 5. ;Ad opt on of Bylaws .. 6::. Claim for I:nJur es —Barbara Vest . 7 `Claim for pioperty damage Jacqueline Thomas_ :. 8 Claim for pet.s.onal injuries - Dennis.: Vest: 9. Selection. of Meeai.ng- schedul.e... :1.0......Other business V.... .'ANNOUNCEMENTS XI.- .. ADJOURNMENT - BOARD OF SUPERVISORS MINUTES - August 285 I9'84 PLANNING COMMISSION MINUTES - May 3,'I984 The Airport Land Use•Commission was convened at 9-00- P.M. Vice Chairman Behunin stated he had no problem with.the City of Oroville's Policies and procedures. Staff stated that the policies and procedures were close to those of'the City of Chico. Vice Chairman Behunin questioned if County.Co.unsel_had seen•the document being discussed? �2 Vice Chairman Behunin stated that he would .like:.input from County Counsel. He.. also stated that he-supported this policy and pr,ocedure.: Commissioner Avis stated_ hehad. no-. problems with this. It-was. moved by Commissioner Avis, seconded by Co.mmissione.r.Lambert•to make a motion of.intent to approve subject to the approval of•County Counsel. AYES: Commissioners Avis, Lambert and Vice Chairman Schrader NOES.: No one ABSENT: Commissioners Vercruse and Chairman Schrader ABSTAINED: No-one. Motion carried. Staff was requested.to notify Commissioner Vercruse and'Chairman Schrader regarding..the 6:30 p.m. starting time of the: meeting for March 1,.19.84. T.he meeting adjourned at 9:05 p:.m. PI!ANN+I+NTG CQ,.,1M,ISS+ION MII+NIJTFS - Februa•ry 23, 1984 y BOARD 1984 OF SUPERVISORS MINUTES - February 14, Z55 102 Report by Planning Commissioner Otto Behunin regarding the) Airport Environs Plan around Oroville Airport.- (MR. BEHUNIN REQUESTED THAT THE BOARD HELP IN RESTRICTING SINGLE DWELLING UNITS IN THE AIRPORT AREA. MATTER TO BE CONSIDERED AT HEARING 'BEING.SET BY BOARD ON OROVILLE AREA LAND USE PLAN TO BE HELD ON JANUARY 17, 1984.) } BOARD QF SUPE VISOPS MINUTES December. 13, 1983 BOARD OF SUPERVISORS' MINUTES - December 6,- 1.983 X83-1003 Report from the Bute County Planning Commission acting as the (982.) Airport Land Use Commission, clarifying their recommendation relative to representation of the City -of Chico and Oroville �-� as members. (RECOMMENDATION THAT THESE MEMBERS SIT AS VOTING MEMBERS ON THE AIRPORT LAND USE COMMISSION.) MOTION: ADD THE TWO MEMBERS, REPRESENTATIVE FROM THE..CITY- OF CHICO AND A REPRESENTATIVE FROM THE CITY OF OROVILLE TO THE AIRPORT LAND USE COMMISSION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) BOARD OF SUPERVISORS' MINUTES - December 6,- 1.983 839996 Report by Planning Commissioner Otto Behunin regarding the (144) Airport Environs Plan around the Oroville Airport. _(_CONTINUED TO DECEMBER 13, 1983. BOARD OF SUPERVISORS' NfINUTES December 6, 1983 83-965 Report and recommendation from the Butte County Planning Commission 2380) Jacting as the Airport Land Use Commission, to consider representa- tion of the City of Chico and Oroville as members. MOTION: ADD REPRESENTATIVES FROM CHICO AND OROVILLE TO AIRPORT LAND'USE COMMISSION. M VOTE: 1. 2. 3. 4 5 ... - (MOTION WITHDRAWN. REFERRED BACK TO THE PLANNING COMMISSION FOR MORE SPECIFIC INFORMATION; I.E., WHETHER REPRESENTATIVES WOULD.BE PARTICIPATING OR VOTING MEMBERS.) - —BOARD OF SUPERVISORS' 'MINUTES NIovember 22, 19,93 The Planning Commission meeting adjourned at 8:45,-' m..� _. The ALUC meeting convened at 8:45 p.m.. There was a discussion on.the motion submitted by Tom Lando, City of Chico and the need for a public hearing if the plan is amended. Staff stated that they need a motion to initiate hearings. Commissioner Behunin wanted to change the last part of Mr. Lando+s motion to delete +'75' width" .and add "width of_ CNEL 60 contour within the •aircraf*t flight. path". It was moved by Commissioner Behuninseconded by Commissioner Lambert -to initiate hearings to amend the Airport Land Use—Plan—for Chico airport plan as stated.in the motion by Tom Lando with.correction as follows: To amend the Airport Environs Plan for the Chico Municipal Airport adopted jApril 4, 1979 by the Butte County Planning Commission, acting in its capacity.as the Airport Land Use Commission to delete the reference to limiting residential densities in all Compatible Land Use Zones.(CLUZ) except CLUZ,Area,I and to add a general prohibition against places of public assembly such as schools and auditoriums in all Compatible Land Uso Zones. -In -addition to amend the Airport Environs Plan to prohibit ail new -residential subdivision and development in the area directly to the north and to the south of.the main runway for a distance of ,10,000 feet in length and width.of CNEL 60 contour within.the aircraft flight path". AYES: C'om.missioners Vercruse, Behunin, Lambert and Vice Chairman Schrader. NOES: No one ABST;NT: 'Commissioner Avis A13STA .NED:. -No one Mo't":ion carried. ; Vice Chairman Schrader discussed •the conflicts witli-- the'- City of Orovlle-+'s Environs Plan. Staff stated that we need'a.plan to work with before sett:ing,hearings. Co;nmissioner Behunin discussed restricting all single-family dwellings Within. the 65 CNEL contours. P.LANNI+UT-FS-D!(cember 1, 1�J83 Commissioner Behunin was concerned about stopping development around the Oroville Airport while the Environs Plan was in process. He was concerned with development occurring before the plan was completed. Discussed sending a. -recommendation to the Board of concerns,, to limit development in the area. Del stated that probably the only way would be a'moratorium declared by the Board of Supervisors to stop building inthearea. Commissioner Behunin was to present his objections to development in the ..airport area -to the Board as a representative of the ALUC. Adj*ourne ALUC meeting 9.:10. C. @ I! !Niffs-R, , O"IT, (b i - '. The ALUC was convened at 7:15 p.m. This hearing was continued from November 3, 1983. r. Tom Lando, Chico Planning Director, discussed -the Chico Airport Environs Plan in relation to AB 2920. He discussed the major points of the memo submitted earlier. The Airport Environs Plan set up the.series of compatible land use zones -(he pointed to a map showing how these were arranged); the. controls in these zones were based on existing county zoning at the -time, (1976 plan - Environs study 1978 and 79) based on sewer study done in -1979. Discussed S -R zoning as permissible in a compatible land use zone. Mr. Lando discussed the area shown in.green,on the map as designated Agricultural on the City's General Plan; the City owns the property 5000 ft. adjacent to the runway. Discuiss'ed the dB (decibel) noise level areas on.the map. January 1 of this year a new :law became effective AB 2920 which said.that the General Plan of the City and County must be consistent with the Airport Environs Plan. Under this law the City submitted its'General Plan to the ALUC and the Commission is designated under state law to determine whether or not the City's General Plan.is consistent with the Airport Environs Plan. The ALUC responded that the City's General Plan was not consistent. The problem is with the Drake development; the City researched the development on how it compared to the guidelines. The State prepared a book telling how to implement the Planning Airport Guidelines. Memo Mr. Lando submitted earlier outlined this, first they submitted their General Plan with all the amendments (the.County General Plan) to the Federal Aviation Administration (FAA) for review. FAA stated they have no problems with the City's General Plan as it,currently stands. Discussed Safety Zones in the Airport Land Use Handbook,an Inner -Safety Zone which is the first 2500 feet beyond the runway; in this area it is.re- commended that.no structures or people reside on a permanent basis. Outer Safety Zone which is the area between 2500 ft. and 5000 feet; in there the Handbook discu.sses.limited commercial and industrial development as.acceptable, not residential. Both of these areas are owned by the City, and there is no development slated for the first 5000 feet. Emergency Touchdown Area was not an issue since there is no proposed development within 5000.feet and this land is owned by the City. The area that is -the issue is the Traffic-Pattern/Overflight Zone, which includes the entire horizontal surface around the airport and conical surface. Concerned primarily about the height .of structures and securing noise ease-. inents. This is where the land use controls effect the General Plan process. Handbook states that there is.no problem with residential uses in the over- flight zone, no problem with commercial or industrial uses in this area; do have a problem with places of.public assembly, churches etc. In the overflight zone, the City's recommendation is. -.that the-ALUC change the requirements that now talk about the S -R zoning and instead talk about limit-` ing places of public assembly. BLJ'I'T�L C-QIJ��iT1' �.I+RF'ORT LANL` WSE C - M INUTES Noire giber 10, 1.9183 c C • f y Specifically, there are a couple of areas of'concern. The entire area within the 65 dB CNEL is under- public.ownership and will not be developed; area.was purchased with City funds and FAA.funds. Discussion on the amount of noise from Pacific Express. The City looked at noise, in combination with the County, with avigation .easements required for everything within the 55 CNEL. Their intent is to protect the Airport and it.is intended to be a warning telling people who live there that they are within the 55 CNEL and the Airport has the right to make noise and dust and vibrations down to the ground. In terms of safety, Mr. Lando included from the Airport Environs Plan and from the Airport 'Land Use Handbook a chart of accidents faith his memo. Mr. Lando discussed how the problems started. Because of Foothill Park,' the Northeast Chico Assessment District went ahead, which opened up development to the east.. They are now proposing an amendment to the area north of Sycamore Creek: They are proposing changing to a light industrial as opposed to residential and the City supports this. Commissioner Behunin stated that he felt this was a good idea;- he felt that anything north of.Sycamore Creek could cause trouble in the future if there., was nothing done now. Look carefully at the flight path out to 60 dB's. Tom Lando stated that was what the City did, was to look at what would. happen under two conditions: 1.. What if they doubled the runway lanes?' Discussion, .the.City would have no objections to.the 10,000 ft. -beyond the runway where no residential use would ,be allowed. Commissioner Behunin, talking about 10,000 ft. in both.directions? Tom Lando stated yes, 10,000 ft. in both directions. He could not speak .for the north; they did not study that area too closely. The area north was not a great concern, and he felt that it was consistent with the adopted plan. Proposed change would be to retain for a width of approx. equal to the runway or twice the runway width, for areas outside that in the overflight zone to prevent or limit public assembly. Commissioner Vercruse questioned the density on the Lupin Avenue area. Tom Lando stated R-1, for the Lupin Avenue area.- Chairman rea.Chairman Schrader stated that he liked what Mr. Lando has proposed, that he had a lot of concerns. He comes from a community that had a similar problem; they allowed the residences to get up within 500 ft. of the runway and then the residents tried to shut the airport down. He asked if staff could help on a motion.that-would guarantee the 10,000 feet be restricted, he would not have any problem. Mr. Lando stated that he expected to have at the next meeting, either by motion or resolution, that something formally be before the ALUC to look at for the language on a.motion; he would not want the ALUC to react without that being before them.' Commissioner Vercruse stated.they should use the recommendation as stated -in the memo from Mr. Lando as a basis for the motion, page 5 at the end_ of his comments. Fti1'T�r C�tIN'TY 11I�RFgi2T' LAiNiD UST CCatiP�11SS+IN - I�1I�UTES Nott ember E0, 1983 .suggested a motion of intent ?and to bring this back on December 1, uissioner Vercru.se asked if a motion of intent could be made to state: _ial ;vrc�� e-ld amend. I the Airport Environs .Plan to delete. specific densities - ro, T _j tsri-ctions specified in the compatible land use zones and. L thesec .with a -general prohibition -on development of places Of .public A aS'SOMbly s-(.Ich-as hospitals, churches, schools, etc. within the area. that 11" Y` spec--ii.fied and also mention,. the 10,000 foot lestr-.i.ction as pointed* U. c-.0 the Contour m a P - o stated thia4l- from this statement he could draft something -fol, C 0-miiission.'s review. o December 1, 1983. 1� w a s contanued tL Schrader discussed the Oroville Airport. He'.. has half of -.a draft done, anck ko7L,-es to have it completed by the end..of Nov -ember. ss o n, e 1_,amber.t d i s u s s ed just for the ALUC, where it is possible. to- T ii-!'em.bers,. would it be appropriate to have the City of Chico -and the 0 f Or 0 ";A 11. e have members when we meet as ALLIC. CflAirman Sc'hrader stated 'that Oroville has an. Airport Committee, he stated. thcat he had no problem with Comi-,lissioner Lambert"s suggestion except gnat e -Pervisors s Boar of Su.. ets the requirements. oi.-i:.-J_s­ioner Lamber1- made a motion, seconded by Commissioner Avis,. to to the Board of Super'visors that they include one voting represeint- lle and. one votino- member from Chic _AJIUC- _f at-,�,re -rom -,ovio, making d 7 member. YkY.' E. S -'Commissioners Avis, Vercruse, Behunin,- Lambert and 'Vice Chairman S c h r a.A e r zI,LBSjE_NT:- No- one B " -STATI�,­;J: No one Motion -tarried. MM CM" ANN" MM M MURM90 - SOMM X-Olvionher. Re... iaip,x PLANNING -Y October 1983 COMMISSIONMINUTES 6, BUTTE COUNTY AIRPORT .LAND USE COMMITTEE MINUTES - August'18, 1983 Charlie Woods discussed changes in the law, as outlined'in background of memo dated 8/12/83. He read the recommendations of the memo. There was a discussion of the map with conflicts with the Airport Environs Plan. Discussion by Commissioner Schrader about the conflict between the City of Chico General Pian and the County General Plan with the Airport Environs Plan. The Chico Airport Environs plan was done in 1-978. City Commissioner Nelson discussed residential.property and the Specific Plan of the area around the airport. Mr. Nelson stated that the noise levels were stated in the deeds of the property near the airport and that people who bought in the area were aware of the problems. Commissioner Behunin requested that a map of the proposed developments in the area with an overlay of the noise zones be made available.to the committee to -study. Commissioner Schrader discussed the need to. review the Chico Environs Plan and a need to hold public hearings. Charlie.Woods requested that the committee look at the recommendations in order to meet the time -line of December 31st. Commissioner Avis recommended deleting. #4. Commissioner Behunin stated that the main intent is.to protect the airport in Chico.. Discussion of noise levels. Charlie Woods suggested looking at the Specific Plan adopted by the City - of Chico and distribute the Chico Environs Plan for Commissioners to review. Commissioner Lambert disucssed the possibility of 2 city members sitting on the ALUC Board. Commissioner Schrader stated he had no problem with. that idea. Discussion of rescheduling this meeting.for the 3rd meeting in September or possibly October 6th. Commissioner Schrader suggested October 6th for the continued meeting along with the Oroville.Environs Plan. Motion was made by Commissioner Avis, seconded by Commissioner Lambert for recommendations 1 a-& b., 2 a $ b, and 3, deleting.#4, as follows: RECOMMENDATION 1. Find pursuant to Section 21676 of.the Public -Utilities -Code that the City of Chico's General Plan and Northeast Chico Specific Plans are not consistent with the Airport Environs Plan, the adopted ALUC plan for the Chico Airport for the following reasons: � f BUTTE COUNTY AIRPORT LAND USE COMMITTEE ' MINUTES - August 18, 1983 a. The land use designations described in the General Plan, Land Use Element and Northeast -Chico Specific Plan conflict with the'Airport Environs Plan policies for CLUZ 11, IIP, III and IV which call for residential development with.one acre per dwelling densities; and b. The Noise Element does not reflect the noise exposure contours contained in the Airport Environs Plan. 2. Find -pursuant to Section 21676�of the Public Utilities Code that the County of Butte's General Plan is not.consistent with the Airport Environs Plan, the adopted.ALUC plan for the Chico Airport for the following reasons: a. The land use designations described in the General Plan, Land Use Element, Chico Area Land Use Plan conflict with the Airport Environs Plan policies for. CLUZ II, IIP, III and IV which all for.residenti.al development.with one acre per dwelling densities;.and b. The Noise Element does not reflect the noise exposure contours contained in the Airport Environs Plan. 3. These findings shall be transmitted to the respective legislative bodies of the. City of Chico,and County of Butte pursuant to Section 21676 of the Public Utilities Code. AYES: Commissioners Avis, Behunin, Lambert and Vice Chairman Schrader ,NOES: No one ABSENT: Chairman Bennett ABSTAIN: No one Motion carried The Meeting was continued to Octob-er 6th. There .being.. no further business the. ALUC meeting. adjourned at 9:15 p.m. - Xz� MIX5 SCHRADER, Chairman ALUC Committee. -2- 4 /'0V Inter -Depart mental-eVlemorandum TO: Planning Commission FROM: Planning SUBJECT: Excerpt from the Board of Supervisors' Minutes of July 3, 1984 DATE: July 11, 1984 Motion: I would like to at least have a little more information or have our Planning Commission give us some idea what their feelings are-. UTILITIES CODE ` § 2167 i' pUBLIC noise need not be re j g 21669.6 taw gbver'ning conduct. rccement shall be.per. .� LHea`ring, Iiearins under'this article required .by the provisions of'. Sections 21665, 21666, G . •.. 21G6S, 216GS2, and. 21669 or.regulations adopted pursuant`to such prOvI. On shah 1 of �cnr.ological:feasibiliEy ;, . :be conducted'pursuant.to Chapter 5 ..(eomfdencing with Section 11500)of Part t- �•' Division 3..of Title 2 of the Government Code. 'G, 1969. Amended by �: `: 10. (Added by Stats 1979 c. 511 p , $ ) y • -� y vT i a ' , AItTICi,E '3.5 'AIRPORT LATD USE COMfISSIO*I j'vT£ i1T] Sec. :. 21610. Creation membership• selection tions ' 21670.1 Action by designated body instead'oY co slow -: rtoring. program'at an C 236702 Applicability -to counties having over 4 million population of certain mem 11. into effect on" Kago 21'671. Ai tt oRned. by city, district or county•'. appointment •' b s by cities and counties. ` - 21671.5' Term of office •' removal of members vacancies compensation ; staiP i 6; 19G9 Amended by assistance; .meetings $ ,.' Stats19S0, c. 725, p. ! 23672. Rules and regulations :•'` 1 21673. IntLation of proceedings for creation by owner of airport. :ntaries • - 21674: Powersand duties. k ncdse; state _regula- otogy. (is; -i}'48 So.Ca1_ L 21675. Land use plan. 'of of change of development:.plan.: s ' 2167. Assistance: public agencies; approval 21G77. County of 3larin; ovei•rule'of county: airport land use coiumission_ _ : Ariicte S 5'added by StatsJ967 c 852,-p--.2,2981'§ I1 be deemed a nisde § 21670. Creation; membership, seiectlon :. -. :: :'::: There is hereby created., in each county'subject, to this article and coati ing. at. one thousand• dollars' least one airport operated for -the benefit of the general. public and served by an. ' , earrier.ceitified. by the Public Utilities. Commission .or. the Civil herODP utir -is situated to enforce air Roard, an airport land -use cOmm>>sion; hereinafter"referred to:.as the "commission.". j end, the operator of the Each commission shall consist of seven members t . b.- selected.ns follo�cs: iniad' by a city selection ;teci br• the county (a) Two rerresenting. the citie3 in the county appo. ^_ t the efficient enfotze- committee comprised of the mayors -of aIl' the cities within that county; 'Pro`. he county ;or its costs vided, however, that, if there are an elites colati uons or adjacent to .thequali +rtic;e S (corrniencing fyina airport, at least. one such repre§entative shall. be appointed therefro;n:• the number of representstiVes provided z Administrative Code; If there. are no cities a county, ,r for: any ^mounts re for bs subdivisions Mand (c) shall each -be. increased bs one •- I', II,pon request of the (b) Two representing, the county, appointed Up the board oYaupervisors the reasoii:�bieness of (c) Two representing the airports within that county;: ' ppointed by a selection . all of_ the'pbblic airports R'ithin. that sport user. fees: aagers of committee. comprised. of the mn shaI] be from <an airport OAS:Shal1 be used first - ". - ':.cotiaty;however,•one'-such representative .appointed. ol,erated for the benefit of tine general public. = appropriated to carry " "(d) One representing the general public, nppornted by the other six members ;.': j j fished, and second be ging airports: , s of the commission 1>e appointed G, 1969: Amended by • `' ` - Public officers, w'hethe'r elected or appointed, may -and. during their tcrinc of Public office. ' " "serve. a5`triemhers of: the. commission Each tnemUer shall promptly appoint.a sitigle.pro`y to represent bhu in comtnis- an alrhort located slow affairs and to rote on aU wntl-er;"whut,tiie member is not in attendance...The .is c�bl noise standards: 4!. - shall be designated in :> signed written instrument: �elrich shall .be l pi on of Trgnsp• (1979) C:n.ad bf �. proxy file at Clic cornmiscion offices, and the prosy shall serve ht the pleastirc of.the mem- licr.nho appointed him. !1 vacancy in the office of Pro f shall he Pilled Promptly. . _ by. appointment of a. i1ew Proxy. (Added by St:its.19G7, c.. 8.32, p. 26 -SS,. 1. '.Axnen ccd by Stats.7870, e..•17S_',. p. 20S9, $ I Stats33il.".c. GS7, P•'1345, § I, urgency, efi. Aug. 23, 1.871.;: ri.ats.1H$0, c: 725, p. —, 'Z' w., 2-167-0.1 PUBLIC UTILI T iES CODE § 216701. Action by deslgriated body Instead of commission r G� ra \ot.cithstandin an t; y Provisions of this article, if the board of superisors an the city select,ov' Coittee The: commission shat guest of.tlte majoritY-61- w min of m iyors in a„y county each mal.es'a determination by a majority vote fhat prgper land (Added. by Stats:l9137, , use plaiining.csn_lie accoi,zpjic},ed throi,gh'thE Actions of an apPTopriatelti deli -n ,ted body, then such body sh=ill acsuci,e the plan -1 Hing § l.}. 1 responc,b,lidji .s of, an airport land use coin irna:,on as pro.idPd for in this anti-' cle, and a commissionu need not be forined in. 672 §• 21.. Rules ref h ` ' that conty. • e • (Added`. by Stats 1870, C. 3IS3, p. 2p59, § 2. Auienileci by Sats 19S0; c: ,25, p: § 10.) .and tach conimis�ion cha di i . squalification. of its 'r proposal because of cont d 4'21670.2 Appticabllity to counties Navin over 4 million population ` members in -such cases. R ; Sections 21670 and 211;70.1 do not apply to counties of more :than 4 million 'popula- (Added Stftts 19G7,_c 85° tion. Ii► such counties the county regional planning commission has the'responsibility for coordinating the air art. la ni P P n ng § 21673. .Initiation of p" + of public agencies within the. county: In in- stances wiicre impasses resiiit.relative to this planning, an appeal may be made'to• In any County• when owner of a puUlic airpor rf i the county regional planning commission U an y y'public a;ency involved.- The action. taken by tlae county"regional planning commission _ by presentin q g a request and , on.such an appeal may be.over-- ruled by a four=fifths vote of the governing showing the need; t. body of a public a enc �liose Tannin^ led to .the appeal: g. y planning a' (Added Stats.1867, c-852, z i ! (Added by .Stfits.197o C. 1182, p• 2080, § 3.). § 21674. Powers aed dt lr § 21671 airport owned .by city, district or county; appointment of. certain mem-, 'by. The ' commission shgl' limitations upon:its juris �a bers cities and counties:(1) To studs conditio r In any county where, there is an. airport operated for the general 'public, and height. restrictions on bui. z served by an airearrier certified -by the.Public Utilities Commissaon.or the Civil Aeronautics Board, (2).To make recomme• •, ?il L.. which is owned by .a city or district in another COcunty'or by anotber county,' one of the. repzesentatiNes ssure safety of 'air navic U provided by' subdivision (a) of Section 21670 shall. be appointed by the mayors (3) To Bold public hen . of. the cities of the county in which the- owner of that airport loeated, and one of the representatives procidcd by Sub r (2) and make -findings--of jurisdiction }! .is (b) of Section216i0shall.be appointed by the board of supervisors of the county in ivbich the owner of that ; -division (4) To make and c ai sport is located. .:_ ..., ' (Added Ctats 1�G7,.0 8,2, p. 2235, §.1.) „enfor of such hearings 'hick r , �,�.i� Library references ,, _ .. _ "Aviation plicable to he, bs. coni «223. C.J.S..Aerlai Nacigatlon 1' 35..ef seq.' ! •' -:' ` ' (.,J. To acsieve by zonit � ..° • .. .. , •...::, and in. tile vicinity of eX FM;- FMe § 21(7718- Term of office; removal of members; yacaric{es; compensatrort;, staii . of such ai c . rilOrtS i, not ,r assistance; .meetings. crommissions. sh=all regnirr x Except for the terms of office of the members of the first commission, the term such standards as the dep. a'e. �?a - of office of each member shall be four years nrd. until. the Ppointment and qualifi- `cation of his successor_: The members of the first commission shall classify them- The powers of the coin sion jurisdiction over the c selves by, lot.so that the .term 'of office of one member is one year, of two members is two a' (Added by' Stats.1967, C. b years, of two members is three years, and of two members. is. four years_" The body. which ori Hall a appointed § 4; .Stats.1J75, c, 1052 p' �? y a member whose term has expire'd.shall appoint his successor for a full terns of four years. Any member may be remored at any r," -1. 1n general An airport land use comrr time and without cause by the body appointing him. The expiration date ofahe' � Nage authority under .g 2:. ' term of office of each member shall be the first 111onda s -y pin May in the" ear in which his term is to expire- Any i-acancy in the membership the _« »_ § 21675: Land use plan of commission shall be fig ed for the unexpired term by appointment by the body which ori mall a g appointed. .''. . (a) The commision shal Y the member whose office has become vacanE: The chairman of the commission sha11 for vide for the orderly grow• ,c be selected by the members thereof. ;=. within the. inrisdi! i ._ Compensation, %f .any shallbe determined by the board of supervisors 'Welfare_ of the inhabitants ' :eral. The comms sion Staff assistance: including the mailing of notices and the keeping .of minutes, and pias. anticipated growth of tlae I; ' necessary qua rters,.equipment, and supplies shall be provided by the county.. The usual and necessary: operating e_cpenses the . formulating a land a;ae pi. biiiid'n. ,g. of commission shall be a county charge_ l�ottvithstanding any -other provisions of this article, the commission shall not may specify use . soundproofing adjacent .to employ any personnel either as employeesor independent contractors without the (p) The. commission -.,nay ¢'1 prior approval of. the board of supervisors. _ f sion (a);. • • 3 !Inderline Indicates changes. or additions by amendment area wi o Asterisi(s • • In,dlcz,e t 732 de i ,PUtt1O.UTILITIES CODE §; 21675 ` r T commission shell meet athe: e call of the comini5sion. chairman or at.the re- r� Mhe board of supervisors and' ` quest of the majority of the commission members. Amended by. Stats:1972, x..413. p 744. Ch makes a. determination - (Added by Stats.1967, c 552, p. 2258, § 1: :Accomplished tbrough the 1) ;.,' : 4J• spall assume the.plan ' . - Rules'and reyulatlons = pprovided for in this art! --'§21672 Each commission shall' adopt rules .and regulations with respect to the temporary Stats.19S0, c. 725; p. =- - disqualification'of :its members from participating. n tYi6 review or adoption of a respect.to appointment of snbstitnte . _ proposal because of' conflict of interest and Frith memiters in such cases population (Added Stats.1967 c. 452, p: 22531' § 1.) ' iore than 4 million popula g 21673 1 nitiatlon of proceedings for creation 6y owner of afrQort t b,gion.has the responsibility In any county when a commission has not been created by Lection 21670, any 5; lrithin the county. In .in- be to airport may initiate.proceedin s for. the crcatian.ol 3. commission. owner og'a public. g .that a commission be created `by � - in appeal may made presenting a request to the' board of. super4'isois ' incy iiicolved. 'The action _ and showing the need ihere;or to their satisfaction.t Ih. an appeal may be.over- Hie agency vrhose planning (Added Stats.1967 c. $52, p. 2288, §.1.) �1 : § 21674: Powers and, duties. The' commission shall' have .the following, powers .and dutiesi subject to ,the - 1 ointment of certain mem- limitations upon its jurisdiction herein set forth: concernmb the need, for J (1) To study conditions and male recommendations height restrictions on buildings neitr airports r the general public, and (2) To make recommendations for tbe� use..of the land surrounding airports. to. _ ission or the' safety of air navigation and- the promotion of air commerce: .CipilAssure in 'ouother county or by. '' (3) To bold public hearings 'regarding the suUject :matter in subdi�'isions (1) e.tl,d �. 6ub(liCl510It (a) of Section (2) and make findings of fact thereon _which would be advisory only to the involved the county in which the jurisdiction. • "` Pitativrs provided Uy sub (4) 'To mal•"e and enforce :rules and regttlattous for the orderly and.fairconduct card of s ipervisors of the of such hearings shall conform as; neirly as possiLlc to the provisions ap .which plicable' to hearings conducted by local agency 'formation comtriissions. ` (n) To, achieve by zoning compatible lane uses in the:tiIcin'ity of all. new airports : and' in ilio vicinity of existing airports. to the extent that the land in the vicinity.,. of such airports is.nut already dedotto incompatible use:, and to this end the' rtes; compensation; staff coromics1ons shalt require that all new construction in_ such areas slia]i conform to f ' such standards us the department may. from tirefo time' adopt. First commission, the term The powers of the commission shall in no way be. construed to gi�'e the commis-. y appointment and and qualifi- . ission shall classify them- = sion jurisdiction over the. operation of any airport.: (Added by: Stats.19f7, .c. Sat; p- 2288,_ § 1:. Amended by. Stats.1970; C. 1182, p• 2049„ mie,year, of two members g 4; $tats.1975, c. 1052, p. 2392 § 19.) ,o ntemberS is four years. 1. In general' -. formu]'ate comDrehensiv.e ]and use plans ,for lty.Ge federal. military•eir I G p has expired shall appoint -5-72 An airport land use commission does not the area ops. 7-5-72- 21670 et' seq, to port.. 55 pDs.tty Gen. I a n r r may be removed at any have authority under § .2Sd l he expiration date of -the" § 21675 Land use plan ' 1 May in the year in which (a) Tlie cbinm,ssion shall forniulate.a Conipriglenel.e'land ns, plln that will pro ! if the commission shall,lie Mbich originally appointed' gide for,tlie orderlyro�eth of ench public tiiUort alid the area snrroundm, the. . vciil safegnnrd the general an of. the commission shall. _ airport a,ithin the jurisdiction of the coinnussion, and �C'e)fare of the Inhabit..^.its witliin the vicir_ity of.the airporf ind the public in Ken - oral:` The columissio i plan �b:ill include a lonr range master plan Ella.t reflects tIn I of supervisors anticip-ited groi�rth of the nirport during at le 1st the next 20 yP II's. ie keeping of minutes,. arid: formalatuin a land lice pi:iii, the contmi.suo. nial develop velop height restrictions on determine building standards, inclndink 1 idcd by the county. The UuiJdi i miry specify use of land; and inafy rshall be a county charge. .s, soundproofing adjacent to airports within the planning arca. the commission shall. not. (t�) The.commissinn Ina}• inelnile_ within its plan to sulXli�-i- G' I ,^ ,E eo>itractor� v;ithout the Sion .(a),- " ° •.. area within the jurisdiction of the commi$sion.surrounding any adoltlons by amendment Asterisks.:°..s °. Indlcate deletions by amendment. . 133.': CHI ' ADMINISTRATIV FFIC2E COUNTY OF BUTTE OUTjF 25 COUNTY CENTER DR. / OROVILLE, CALIFORNIA 95965-3380 / (916) 534-4631 e 1 o e e e e r e u e MEMBERS OF THE BOARD C�fJN� AL SARACENI MARTIN J. NICHOLS JANE DOLAN CHIEF ADMINISTRATIVE OFFICER HILDA WHEELER BERTHA MOSELEY LEN FULTON June 28, 1984 Board of Supervisors County of Butte 25 County Center Drive Oroville, CA 95965 Dear Board Members: Re: Report of City Selection Committee - Airport Land Use Planning Commission. Please find attached Butte County City Selection, '*Committee Resolution No. 84-2, a resolution rescinding its resolution, 'dated November 24, 1970 designating the.Butte County Planning Commission as -the Butte County Airport Land Use Commission. Substantially the action taken implements the provisions of California Public Utilities Code.Section 21670 setting forth a specific seven -member Airport Land Use Planning Commission in the county. This is as follows: 1., Two representatives of the cities. -appointed by the City Selection Committee. The City Selection Committee has - appointed Jerry Kenkel of,Chico and Harry Pietz of Oroville. 2. Two representatives of'the county, appointed by the Board of Supervisors. In this regard, it -is requested that the Board of Supervisors authorize the posting of the vacancies for a period of ten days so that appointments can be made as soon as possible, perhaps by July 17, 1984. 3. Two representatives of the airports within the county, appointed by a selection committee 'compri•sed'of the managers of all the public airports within.the county; provided that one such, -member is to be appointed from an airport operated for the benefit of the general public. What this means is that the City of Chico Airport Manager, i.e. City Manager Fre.d..Davis., would be one of the designated members and the other would be chosen what we believe to be from the Chico Airport Manager, Oroville'Airport Manager, Paradise Airport Manager and Rancho (Chico.) Airport Manager. Board of Supervisors -2- June 28, 1984 4. One public member appointed by the other six members of the'Airport Land Use Planning.Commission. The City Selection Committee also.possed a motion requesting that.the county Planning staff be designated as'the staff to the Airport Land Use Planning Commission and that additionally the first organizational meeting of said commission be held'wit.hin'a period of thirty days. Action Requested,: 1. Authorize posting of vacancies for the two county representatives to be appointed to the Airport Land Use Planning Commission., 2. Approve the designation of the' -county Planning staff as the staff to the Airport Land Use Planning Commission. y my o rs, Martin J. icho1s Chief A nistrative Officer MJN/MP/cap Encl . cc: Curt Campion, Chairman City Selection Committee Mayors of Incorporated.Cities City Pl anning. Directors Bettye Kircher, County Planning Director 0 a ;ler;vq r OuT . 0 .l O 0 0 o 0 O CHI* ADMINISTRATIVOOFFICE COUNTY OF BUTTE 25 COUNTY CENTER DR. / OROVILLE, CALIFORNIA 95965-3380 / (916) 534-4631 MARTIN J. NICHOLS CHIEF ADMINISTRATIVE OFFICER Board of'Supervisors County of Butte 25 County Center Drive Oroville, CA 95965. Dear Board Members: Buff® Co. Planning Comm. J U L ' 1984 OroV1ll8, Calitamia June 28,. 1984 Re: Report of City Selection Committee - Airport Land Use Planning Commission . 66-' yam MEMBERS OF THE BOARD AL SARACENI JANE DOLAN HILDA WHEELER BERTHA MOSELEY LEN FULTON Please find attached Butte -County City Selection'Committee Resolution No. 84-2, a resolution rescinding its resolution dated November 24, 1970 designating the Butte County Planning Commission as the Butte County Airport Land Use Commission. Substantially the action taken implements the provisions of California Public Utilities Code Section 21670 setting forth a specific seven -member Airport Land Use Planning Commission -in the.county. This is as follows: 1. Two representatives of the cities. -appointed by the City Selection Committee. The City, -Selection Committee has appointed Jerry Kenkel of Chico and Rarry'Pietz of Oroville. 2.. Two representatives of the county, appointed by the Board of Supervisors. In thisregard, it is requested that the Board of Supervisors authorize the posting of the vacancies for a period of ten days so that appointments can be made as soon as possible, perhaps by July 17, 1984. 3. Two representatives of the airports within the. county, appointed by a selecti.on committee comprised of' the. managers of all the public airports within the county, provided, that one such member is to be appointed from an airport operated for the benefit of the general public. What this means is that the City of Chico Airport Manager, i.e. City Manager Fred Davis, would be one of the designated members and the other would be chosen what we believe to be from the Chico Airport Manager, Oroville Airport.Manager, Paradise Airport Manager and Rancho (Chico) Airport Manager. ( Board of Supervisors -2= June 28, 1984 4. One public member appointed by the other six'members- of the Airport. Land Use Planning. Commission'. The Ci ty'_ Se1ecti on Committee - a1so: passed <-a°.,moti.onsreq uesti ng .that_ the'-.: county Planni-ng staff be' designated as the staff' to the Airport.Land Use Planning Commission and that additionally the-firs.t: organ i zattoin al meeting of said commission be .he-1 d withina. peri od:. of `thirty days. Action Requested„ 1. Authorize posting of vacancies for the two county representatives to be appointed to the Airport Land Use Planning Commission. 2. Approve the designation of the'-county Planning staff-as the staff to the Airport Land Use Planning Co ission. y my o rs, G� Martin. J. ichols Chief�A nistrative Officer MJN/MP/cap Encl. cc: Curt Campion,°Chairman City Selection Committee Mayors of Incorporated: Cities City Planning Directors a Kircher, County Planning Director 0q ' Resolution -No. 84-2. '¢ RESOLUTION OF THE BUTTE COUNTY CITY SELECTION ..COMMITTEE RESCINDING ITS RESOLUTION DATED NOVEMBER .24, 1970. DESIGNATING THE BUTTE COUNTY PLANNING COMMISSION AS THE BUT—TE.-COUNTY AIRPORT LAND.USE COMMISSION 1 WHEREAS, pursuant to Section'21670 of the California Public Utilities 2 Code, an airport commission has`been`created-in.each county containing at 3 least one airport operated for:the benefit:of the general public and served.by 4 n air carrier certified by the.Civil Aeronautics Board: Said commission 5 onsists of seven members selected"as- follows:.: 6 (i) Two representing the cities in'the:. county,: appointed by a city 7 selection commi'.ttee comp,.rised of the mayors of -11 the, cities . 8 within. the county:, provided, however, that, if there are any 9 cities contiguous or adjacent to�the:gUa.lifying airport, at. least 10 one -.such representative is to:be appointed therefrom; 11 (ii) Two representing the county, appointed by the board of -supervisors; 12 (iii) Two representing the airports within the-county;`appointed by a 13selection committee .comprised managers of all the public 14 airports within'the county; provided, however, that one such member 15 is to be appointed from an airport operated for the. benefit of the 16 general public;.and 17 (iv) One representing -the general public, appointed by the other six 18 members of the commission. 19 WHEREAS, pursuant to Section 21670..1 of the. California Public Utilities 20 Code, if the board of supervisors and the city selection committee.of mayors in 21 any county each make a determinat.ibn"by a majority vote.that proPer land use 22 planning can be accomplished through the actions of a designated.,body other 23 than the airport land use commis.sion,.then.such body may assume the planning 24 responsibilities of an airport land use commission and a separate commission 25 need not be formed in the county; 26 //// t.' r.` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 •. WHEREAS., this Committee, -5y resolution dated November -24,...1970 heretofore designated 'the'Butte`County Planning Commission as,the body to assume the planning'responsibilittes of an airport land'use commission after -determining by a majority vote that proper"Tand.use planning could be accomplished through the anti ons' of. the Butte County Pl ann'i ng Commission ; and WHEREAS., this .Committee now. -des'i'res to: res ci h -d its resolution dated November 24,1970 designating the Butte'County Planning. Commission as the body to assume the planning-responsibiliti.es-of-an af`rport land -use commission. NOW, THEREFORE, BE TT'RESOLVED by'the Butte County City Selection. Committee as follows: 1. That -this Committee hereby 'resc.inds'its- resolution dated November 24',,.1970 designating, the Butte County Planning Commission as the body to assume the:plann.ing responsibilities of an airport land.use commission finding that proper land -use planning can no longer be accomplished.through the actions of the Butte County Planning Commission; 2. That this Committee intends to appoint two representatives to the Butte.County Airport Land Use Commission in the manner contemplated by Section 2167O.of-the Cal:ifornia-Public.Util'ities. Code; and 3. That this Committee requests the. Board of Supervisors.and the governing bodies of each airport within the county to also appoint their respective representatives to the Butte County Airport Land Use Commission inthe manner contemplated by Section,21670 of the California Publ.ic Utilities Code. PASSED AND ADOPTED by the Butte County City Selection Committee, (CountY of Butte,. State of California, this 28th day of June, 1984, by the -2- 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 . y - following. vote:, AYES: Shelton Enochs,' City of Chico; Richard 'McDowel-l', City of` Gridley; and'Curt:Campion, Town of"Paradise NOES: None ABSENT: Jana Wilson, City of`Oroville and°Harold McDonald, City of Biggs NOT VOTING: None CURT CAMPION, Chairman Butte County'City Selection Committee ATTEST:. MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board By- -3- To: From: • Butte Co. Planning Comm u( 7 1984 OrOVIHOA Cahf"UR Del Siemsen, County Counsel • Administrative Office June 6, 1984 Mike Pyeatt, Deputy Administrative Officer Subject: Airport Land Use Planning Commission - Draft Resolution Review Please find attached a letter from Chico City Manager Fred Davis dated June 1, 1984 entitled, "Resolution of the Butte County.City Selection Committee rescinding its resolution dated November 24, 1970 designating the Butte County Planning Commission as the Butte County Airport Land Use Commission." Please review the draft `resolution which will be presented to the City Selection Committee at its meeting of June 28, 1984. I .would appreciate any comments you have to offer, if any, at an -early date so that the other parties concerned can be made aware and also to allow an opportunity for a final resolution to be prepared. It is requested that your notification be giv-�p to this office by Friday, June 15, 1984. A X11 DepuY Jminist�r tive Officer MP/ jac End cc: Board of Supervisor Members (w/encl.) Martin J. Nichols, Chief Administrative Officer (w/encl.) ,,Aettye Kircher, Director of Planning (w/encl.) f7 4 OFFICE OF THE ,,/ Butte Co. 9 • CITY MANAGER planning 196 E. Filth Street eo-WJ UIs� - x`984 CITYo} CHICO P.O: Box 3420 INC. 1872 Chico.,CA 95927 �POVI�iB� Q_&_Qw4 (916) 895-4803 ATSS 459-4803 G-GA-1-12/chrono June 1, 1984 Mike Pyeatt Butte County Administrative Office 25' County Center Drive Oroville, California 95965 Dear Mike: In.accordance with our discussion of May 31, 1984 I am.enclosing here- _ with:a.DRAFT copy of RESOLUTION N0. "RESOLUTION OF THE BUTTE COUNTY CITY SELECTION COMMITTEE RESCINDING ITS RESOLUTION DATED NOVEM- BER 24,.1970 DESIGNATING THE BUTTE COUNTY PLANNING COMMISSION AS THE BUTTE COUNTY AIRPORT LAND.USE COMMISSION" which is proposed to be presented to and adopted by the City Selection Committee at its meet- ing to be held in the Oroville City Hall conference room on June 28, 1984:.at 3:30 P.M. Further, I understand you will submit this to the County Counsel for his review. If the County has comments or modifications, please feel free to call me at your convenience. Otherwise, I will assume that you will have it prepared in final form for the City Selection Committee meeting of June 28 1984. A copy.of the above DRAFT resolution is being forwarded to the Mayor in the Cities of Paradise, Oroville, Gridley and Biggs and by copy of this letter I am asking each of them to review the resolution or providelit to the Councilmember that will serve on the City Selection Committee at the meeting of June 28, 1984. l appreciate the research you have done in connection with the City Selection Committee and the arrangements for the meeting to be held June 28' A If thete is any additional information I can provide you, please feel free to call me at your convenience. Very truly yours, FD/mb Fred avis, ity e enclosure cc:.Jana Wilson, Oroville Mayor w/att. Curt Campion, Paradise Mayor w/att. Doris Long, Gridley Mayor w/att. Harold McDonald, Biggs Mayor w/att. Chico City Clerk & Council w/att. City Attorney Boehm w/att. Planning Director Lando w/att. Butte County Admin.Officer w/att. DCM/.PO/CDC Info TF • 6-11-84 �, 1.1 'v'�'-"'T"'_"7"IM'^ DRAFT 1 ,.RESOLUTION NO. 2 RESOLUTION OF THE BUTTE COUNTY CITY SELECTION COMMITTEE RESCINDING ITS RESOLUTION DATED NOVEMBER 24, 1970 DESIGNATING THE BUTTE COUNTY 3 PLANNING COMMISSION AS THE BUTTE COUNTY AIRPORT LAND USE COMMISSION 4 WHEREAS, pursuant to Section 21670 of the California Public Utilities 5: Code, an airport commission has been created in each county containing at 6 least one airport operated for the benefit of the general public and served by 7 an air carrier certified by the Civil Aeronautics Board. Said commission .8 consists of seven members selected as follows: 9 (i) Two representing the cities in the county, appointed by a city 10 selection committee comprised of the mayors of all the cities within 11 the county, provided, however, that, if there are any cities 12 contiguous or adjacent to the qualifying airport, at least one such 13 representative is to be appointed therefrom; 14 (ii) Two representing the county, appointed by the board of supervisors; 15 (iii) Two representing the airports within the county, appointed by a 16 selection committee comprised of the managers of all the public 17 airports within the county, provided, however, that one such member 18 is to be appointed from an airport operated for the benefit of the 19 general public; and 20 (iv) One representing the general public, appointed by the other six 21 members of the commission. 22 WHEREAS, pursuant to Section 21670.1 of the California Public Utilities 23 Code, if the board of supervisors and the city selection committee of mayors 24 in any county each make a determination by a majority vote that proper land 25 use planning -can be accomplished through the actions of a designated body 26 other than the airport land use commission, then such body may assume the 27 planning responsibilties of an airport land use commission and a separate 28 commission need not be formed in the county; Page 1 of 3 uL 2 3 4 5 6 7 8 9 10 11 12 13 14: 15 16 17 18 19 20 21 22 23 24 25 2 27 281 WHEREAS, this Committee, by'resolution dated November 24, 1970 heretofore designated the Butte County Planning Commission as the.body to assume the planning responsibilities of an airport land use commission after determining by a majority vote that proper land use planning could be accomplished through the actions of the Butte County Planning Commission; and WHEREAS, this Committee now desires to rescind its resolution dated November 24, 1970 designating the Butte County Planning Commission as the body to assume the planning responsibilities of an airport land use commission. NOW, THEREFORE, be it resolved by the Butte County City Selection Committee as follows: 1. That this Committee hereby rescinds its resolution dated November 24, 1970 designating the Butte County Planning Commission as the body to assume the planning.responsibilities of an airport land use commission finding that proper land use planning can no longer be accomplished through the actions of the Butte County Planning Commission; 2. That this Committee intends to appoint two representatives to the Butte County Airport Land Use Commission in the manner contemplated by Section 21670 of the California Public Utilities Code; and 3. That this Committee requests the Board of Supervisors and the governing bodies of each airport within the county to also appoint. their respective representatives to the Butte County Airport Land Use Commission in the manner contemplated by Section 21670 of the California Public Utilities Code. Page 2 of 3 ( %Y T. ter'k.rti1K �ft[u'�?�'+�Jr.lti�a'�.��=ifi •�:!'..._.. .►A 1. 2 3 4 5 6 7 8 9 10 11 12 i 13 14 15 16 17 18 19 20 21� 22 23 24 25 27 28 PAGE 3 IS TO BE SIGNATURE PAGE AND IS TO BE PREPARED BY BUTTE COUNTY STAFF. Page 3 of 3 y Y ... ,,.1"''.• f�. .�.. ..., .. ,�r .. .. .... ..� i .. �..., k1 .. .�:.h. El it k�dlTiR.ffi�L.'l�t. tr./T �{[7�nriR�'L19ur 1Y. R' a dx.lw.+u, I MP/jac 5/31/84 DRAFT Resolution No. RESOLUTION AMENDING RESOLUTION 73=1 REGARDING RULES AND REGULATIONS GOVERNING THE CONDUCT OF MEETINGS OF THE BUTTE COUNTY CITY SELECTION COMMITTEE WHEREAS, the Butte County City Selection Committee heretofore adopted Resolution 73-1 setting forth the rules and regulations to govern the conduct of its meetings and the selection of city representatives to boards, commissions and agencies as required by Government Code Section 50275; and WHEREAS, since 1973 changes have occurred which require the amendment of said rules and regulations. NOW, THEREFORE BE IT RESOLVED that the following sections of the Butte County City Selection Committee rules. and regulations are hereby adopted: 1. Section 101. Regular Meetings: Regular meetings of the City Selection Committee shall be held annually on the .r2't Thursday in-", at Oroville, it the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville, California. 2. Section IOG. OFFICERS: The officers of the City Selection Committee are a chairman, a vice chairman and a secretary. The chairman and vice chairman shall be selected by the committee from among its members for a term of two years. The Clerk of the Butte County Board•of Supervisors, in accordznce with Government Code Section 50270.5, shall act as the secretary and recording officer of the committee. PASSED AND ADOPTED by the Butte County City Selection Committee, • County of Butte, State of California, this __—day of June, 1984, by the following vote: AYES: NOES: ABSENT: I%fiT VOTING: Chairman, Butte County City Selection -0mmitte ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board of Supervisors • CHIEOADMINISTRATIVEOFFICE COUNTY OF BUTTE e0ilTjFe 25 COUNTY CENTER DR. / OROVILLE, CALIFORNIA 95965-3380 / (916) 534-4631 o e o e o , e MEMBERS OF THE BOARD C�U 1% AL SARACENI JANE DOLAN i MARTIN J. NICHOLS .. HILDA WHEELER CHIEF ADMINISTRATIVE OFFICER p BERTHA MOSELEY May 31, 1984 LEN FULTON .Harold McDonald, Mayor City of Biggs 3044 Sixth Street Biggs, CA 95917 Karl Ory, Mayor Butte Co. Planning Comm. City of Chico JUN 1 1984 Attn: Barbara A. Evans, City Clerk P. 0. Box 3420 • Oroville, Calitornia Chico, CA 95927 Doris Long, Mayor City of Gridley 685 Kentucky Street Gridley, CA 95948 Jana Wilson, Mayor City of Oroville 1735 Montgomery Street Oroville, CA 95965 Curt Campion, Mayor Town of Paradise 5555 Skyway Paradise, CA 95969 Dear City Selection Committee Members: In accordance with the.provisions of Government Code Section 50270 et seq and rules governing the conduct of City Selection Committee meetings, notice is hereby given of the annual meeting of the committee as follows: Date: Thursday, June 28, 1984 Time: 3:30 p.m. (following meeting of Butte County Association of Cities) Place: Oroville City Hall, 1735 Nontgomery Street, Oroville To: City -Selection Committee -2-` May 31, 1984 Agenda .1 Appointment of chairman and vice .chairman'. 2. Resolution amending Resolution 73-1 revising the rules and regulations to govern the conduct of meetings and the selection of city representatives. 3. Consideration of resolution to rescind declaration by the mayors of the'cities of Butte County dated November 24, 1970 designating•the Butte County Planning Commission to serve as the Butte County Airport Land Use Commission and to recognize the procedure and membership of the Airport Land Use Commission as set forth in Public Resources Code Section 21670(b). e y ;rul yjhols s , Martin (. Chief Admiative Officer and Clerk of the Butte County Board of Supervisors MJN/MP/ jac Encl . cc: Fred Davis, Chico City.Manager Hank Ford, Gridley City Administrator Titch Copeland, Oroville City Administrator George Irving, Paradise Town Manager Del Siemsen, County`Counsel . . tye Kircher, Director of Planning a J-11 e D. if. n e -0 ant3 a TO: Board of Supervisors FROM: Planning. SUSJeci-: City of Oroville's Policy 'and Procedure -for. acquisition of- .aviaat.Lon easements. -OAT E: January - 26, 1984. The City of Oroville request the County incorporate II. A.; 6, and C .into its Procedures for processing.-land divisions, .us.6 and variance-permits; and building-pernits .in order to convey av:igation easems.nts to the .City of Orovill.e for property located- in ocated in the 'vicinity of the Airport. and within. -the 55 Db (A.) cou-t.our. Enclosed is a copy of the City of O'roville'•s Policy. and Procedure for acquisition of.avigation easements.,. This document_ was approved by C.i-ty Council action January 3,: 1934.. . Enc. 1733 MONTGOMERY STREET OROVILLE, CALIFORNIA .95985 AREA CODS 916. '533,9551 January 10, 1984 Psis. Bettye Ki rcher,..Di.rector Butte County Pl.anning Department 7 County Center Drive Oroville, California 95955 Orovi}le Municipal Airport Enclosed is a copy of City of Oroville's Policy -and Procedure for acquisition of avigation easements. This document was approved by City Council action January 3, 1984. The City of Oroville requests the County incorporate II: A,.B and'C' into its .procedures for processing land divisions, use and variance permits., and building pe lits in order to convey avigation easements to the City of Oroville for property located in the vicinity of the Airport a.nd within the 55 db(A) contour. Please contact me i.F you: have any .questions regarding.this matter.. Kirt M. Hunter Public Works Director Enclosure o • C.ITY Or OROVILL•E Policies and Procedures including but'noL �m� e o su maps, minor land divisions, boundary line.modifications, and parcel .. map waivers 1 ocated .within the vi ci.rii ty of the Oroville h�unicipal Airport and.w.ithin the. 55 db(A) contour (Exhibit 2) shall be required to convey (unless previously conveyed for the property). an avigation easement to the City as. a condition -of the ccimpl eti on of the land division. - B. Use and Variance Permits All persons submitting applications for Use and/or Variance Permits for property located in the -vicinity of the Oroville Municipal Airport and within the 55 db(A) contour (Exhibit 2) shal.1 be required to -convey (unless previously conveyed for. the property) an avigation ease - meet to the City as a condition..of the granting of the permit. C. :.Bui 1 di ng Perrni is uli thi n the City Limits All applicants for building permits within the 55. db(A) contour (Exhibit 2) shall be requested to convey aviga- tion easements to the City if not previously -conveyed.. - D. Land Divisions, Use and Variance.Permits, and Building Per, .i is Within the Unincorporated Area Upon finalization of the Public 'Works Policy and Pro- cedure, the City Engineer shall file a copy of -the A.P.P with the appropriate County Officials and the Butte .County Airport Land ,Use Co'rmission. The City Engineer IivITIATED BY: PUBLIC WORKS AP -PRO. ED B� : COUNCIL 1-3-,84 � Page 1 of 5 AVIGATIGN EASEMENTS .41ITHIN ,THE 55.db(A) NUt.IBER: 16 SUBJECT:. CONTOUR OF THE OROVILLE,MUNICIPAL AIRPORT DATE: 1-3=84 SECTION:. PUBLIC WOUS J.- PURPOSE: To establish.a policy and procedure for conveying to the -City avi.gation easements for private property vii the vicinity of the O.roville Municipal Airport arrd.w'ithin the 55 db (A) -contour: II'. POLICY: Avigation easements.shall restrict the height .of structures and other objects -on the property and convey to the City . certain rights with respect to noise, dust, and vibration on the property (see attached Exhibits). A. Land Divisions Within the City Limits All persons submitting applications :for land divisions, . 1' 't d t bdivisions map" parcel including but'noL �m� e o su maps, minor land divisions, boundary line.modifications, and parcel .. map waivers 1 ocated .within the vi ci.rii ty of the Oroville h�unicipal Airport and.w.ithin the. 55 db(A) contour (Exhibit 2) shall be required to convey (unless previously conveyed for the property). an avigation easement to the City as. a condition -of the ccimpl eti on of the land division. - B. Use and Variance Permits All persons submitting applications for Use and/or Variance Permits for property located in the -vicinity of the Oroville Municipal Airport and within the 55 db(A) contour (Exhibit 2) shal.1 be required to -convey (unless previously conveyed for. the property) an avigation ease - meet to the City as a condition..of the granting of the permit. C. :.Bui 1 di ng Perrni is uli thi n the City Limits All applicants for building permits within the 55. db(A) contour (Exhibit 2) shall be requested to convey aviga- tion easements to the City if not previously -conveyed.. - D. Land Divisions, Use and Variance.Permits, and Building Per, .i is Within the Unincorporated Area Upon finalization of the Public 'Works Policy and Pro- cedure, the City Engineer shall file a copy of -the A.P.P with the appropriate County Officials and the Butte .County Airport Land ,Use Co'rmission. The City Engineer IivITIATED BY: PUBLIC WORKS AP -PRO. ED B� : COUNCIL 1-3-,84 � Page 1 of 5 CITY OF OROVILLE Policies and Procedures NU11-MER:. 16 AVIGATION EASEMENTS. WITHIN THE 55. db(A) SUBJECT:. CONTOUR OF THE OROVILLE MUNi_CIPAL AIRPORT DATE: 1-3-84. �SECTTON: PUBLIC WORKS shall request that -the County .incorporate II.. A, B,. and C. into its procedures for processing land d-ivis io.ns, use and variance permits and building. permits in order to convey avigation easements to the City. of Oroville for property located in the vicinity of the Oroville Municipal Airport and within the 55 db(A) contour. II. PROCEDURE A. Land Division and Use or Variance Permit. 1. When a condition has been attached to:a land division or use and/or variance permit, to convey an avigation - easement to the City for property either inside. the Oroville City limits or in the unincorporated area, the Department of Public Works. shall prepare a "Grant of-Avigation Easement"., herei.nafter referred to as Grant (Exhibit 5). .2. The Department of Public Works shall:. a. Secure from.the applicant a metes and bounds description or such description approved by the. Director of Public Works of the property over which the easement is to be conveyed, to be attached to the Grant as Exhibit "A". b. Secure from the applicant a plat Which clearly delineates .the property over which. the easement is to be con~ieyed, to be attached to the Grant: as Exhibit "B". c. Specify in the Grant (Exhibit 5) the appropriate elevations as shown on Exhibits 3 and 4. d. Secure from the applicant a document indicating . property ownership. (This may be a preliminary title report, lot bock or other legal docu��en- . tation.), e. Specify in the Grant the grantor's Wane and title exactly as it appears on the ownership document. f. Specffy in. the Grant the date that the document is executed. Itd:CTIATED BY: PU3LIC 4•11ORKS�AP.PRU`ED BY: COUNCIL 1-3-84- Page2of5 e • 'CITY OF OROVILLE Policies 'and Procedures AUI'GATION EASEMENTS WITHIN THE 55 db (A) NMIBER: 16 SUBJECT: C0NT0UR Of THE OROVILLE MUNICIPAL DATE: 1-3784 SECTION: PUBLIC''WORKS 3. The " property owner 'or: authorized des i gree shall exe- cute the Grant and. have the signature(s) notarized an then submit the Grant to the Department of Public - Works. (Note: the .property documentation shall be current with the signature(s).). 4. The Department of Public Works shall verify the accuracy of the Grantor's signature.(s).which must be. exactly as shown in the ownership documentation. 5. The Public -Works Director shall: a. Execute the Certificate of Acceptance and Consent - b." Record the Grant and the Certificate of Accep.tanc and Consent. c. Upon"receipt of the recorded Grant, forward copie to the Grantor and the City Clerk. 6. The. Department of Public Works shall record 'the avigation easement in the City's property book and maintain a map indicating all recorded avigation easements. B. Building Permits 1. 1-1hen an. appl i cant. for a building. permit agrees to convey.an avigation easement to the City for property . both inside the Oroville City Limits or in the unin-. corporated area, the Department of Public Works shall prepare a "Grant of Avigation Easement" hereinafter referred to as.Grant (Exh.ibit"5). " 2. The Department of Public Works shat I: a. Prepare a metes and.bounds description of the property over which the easement is to be convey- ed or .such other description " approved by the Director of Public Vlorks, to be attached to .the Grant as Exhibit "A". b. Prapare a.plat which clearly delineates the prop- erty over which the easement is to be conveyed, to be attached to the'G, ant as Exhibit "B". _T • ITIATED BY: PUBLIC 1401RI:S LAPPROVED DY: COUNCIL 1-3-84 Page 3 of 5 • _CITY Or OROVILLE Policies and Procedures AVIGATION EASEMENTS WITHIN -THE 55 db. (A) MOMBER: 16 SUBJECT: COUNTOUR OF: THE.OROVILLE MUNICIPAL ATRPO RT DATE: 1-3-84 SECTION: PUBLIC WORKS c. Specify in the Grant .'(Exhibit 5) the appropriate elevation as shown on Exhibits -'S and 4. d. Obtain from a title.company,. a lot.book report indicating property ownership. e. Specify in the Grant the grantor's name and title exactly as it appears on the ownership document. f. Specify in the Grant the date -that the document, is executed. .-3. The property owner or authorized designee shall exe cute -the Grant and have the si,gnature(s) notarized and then submit:the Grant to the Department of Public Works. (Note: The property ownership documentation shall be current with the signature(s).) 4. The Department of Public Works.shall verify the - accuracy of the.Grantor's signature('s) which ?lust be exactly as shown in the ownership documentation. 5. The Public Works Director shall: - a. Execute the Certificate.of Acceptance and Consent. b. Record the Grant and Certificate. of Acceptance and Consent. c. Upon receipt of the recorded Grant, forward copies to the Grantor and the City Clerk. 6. The Department of Public Works shall. record the aviga.-- tion easement in the City's.property book and maintai amap indicating all recorded avi gati on easements.-_ C. Oroville Municipal Airport or other City Property Avail able for Sale or Lease 1. The reservation of an avigation easement shall be in- corporated in the, deed of conveyance in the connec- tion with the sale of Oroville i.unicipal Airport property and other land available for sale by the. City jqi thi n the .55 db (A) .contour. INITIATED BY: PUSLIC WORKS 1APPROVEED B:` : COUNCIL 1-3-84 Page 4 of 5 NUhIMER : 16 .DATE 1-3-84 • CITY OF OROVILLE • Policies and Procedures AVIGAT ION EASEMENTS WITHIN T.HE 55 db (A.). SUBJECT: COUNTOUR Or THE OROV.I.LLE MUNICIPAL AIRPORT SECTION: PUBLIC .WORKS 2. In the case of Oroville Municipal.Airport property and other land available for lease by the City with- in.the 55 db(A) contour., a condition of the lease shall include the same restrictions shown in Exhibit* 5 (modified to reflect leasee rather than grantee). 3,. Copies of the approved sale.or lease agreement shall be forwarded to the Public Works Department. 4...The Public Works -Department shall note the existenc.e.- of the provisions in the City's property book for sale properties: and shall maintain a map showing al 1. recorded agreements including lease agreements. .- IV. EXCEPTIONS. - None unles authorized by the City Cbuncil: INITIATED BY: PUBLIC t•10RKS APPROVED BY: COUNCIL 1-3-34 Page 5of5 I RN THERNAALITO FOREBAY NUE COUNTY OF BUTTE CITY OF OR6VILLE ----------- : C-1 ------ CQl -Uj ORO SOULEVI ARO Wr-ST C4 le 15 TABLE MOUNTAIN GOLF COURSE OROVILLE MUNICIPAL AIRPORT SCA .E 91 = 800' 1 PRPOF�T B0UN0ARY------ X6TY LOAMS Ll 'A 3 11 OROW LE i ARE A MUNICIPAL AUR 0,A Ifs zPl-1 RL -•� -� f�, j — - _ _ .I 1 �� � III 'r Id I r�� �J/ AL.AIRPORi 1 OP.OVI_i LE YlN/C P - -:77q A 55db (A) CONTOUR t --= 1- - I ----_L-- N % S- Ee HIDIT 2 REFLRAI/CE : CfTY Or OP.OVILL E GENEP,AL PLAN 1982 h N o H ' ` tt N ti !u R v aZE h N N i t — - 200 200' 2,000' P uF. l E 2 000' 1,700'. 200, < p /V10111PRECISION INSTRUAIENT -CLEAR ZONA' LOCAL CL EA I' zoo I Jf N SCAI L E /'. = 4 00' r? FCR TO CITY OFOR0ViLL E Ekl -1131 1 2c:'IP.'G OROG'.�a�`✓CE CHAPTER 20 FOP SJ[_DING HEIGHT RESTRICTIONS A � 00'751DE CLEAR AR ZONE BOUNDARIES. �� � E�`}� ! ��e a�I �� t v d a ���7 s < ¢ c s `o:. ��t-� h to l� p to pcn N N ON i o�. � I 200' %00' PR 'ZLE 1, 700' 1,600, zoo' NONFRECISIO �I INSTRUMENT CLEAR ZONE - L OCAS L CL EAR ZONE s sA T «t,4' TO CITY Oa= ORO" ILLS - ZOP•:lP•' ORDII DICE CHAPT c R 2G � FT e^° '' FOS:' S'?JILD!NG HEIGHT P. �-J TRICTiO `/ i �wr�, � 4 :'� �` f y A f '•' OLIT SIDE CL EAR ZOI•�E u0U1/DSP, /ES.. Ct.Sa.a o �r irl s J �e di�I d P _ UNI -M4 ? c • 1 ' 3 4 + • :.7 ..' - E :. 10 12 - 13 ' 14 )S '• 76 i 17 is I 19 20 I 21 22 23 24 25 26 27 2, 29 30 3l 32 GRANT OF AVIGATION EASEMENT Deed made, this day of by (hereinafter referred to as Grantor) to the City of Orovilfe, a municipal corporation of the State of California. (hereinafter referred. to as Grantee). In consideration of good and valuable -consideration, the receipt and sufficiency of wrhich is hereby acknowledged, grantors, for themselves, their' heirs, adninistrators, executors, successors,.and"assigns,.do hereby grant_,_ and convey to grantee, its successor and assigns, a perpetual. easement and, right-of-way for the unobstructed passage of all aircraft inthe airspace above the property located. in the City of Oroville. County of Butte. State_ . of California described in Exhibit "A" and shown in Exhibit "B", attached hereto and by this reference incorporated herein (hereinafter called "the property') .from a height above sea level as shown on Exhibit "3" to an infinite height above the property'. Concomitant and coextensive with said easement and right-of-way, grt.nta shall have the continuing,right to remove ail or any portion of any str:.•c-.:re; natural growth or other object on the property which extends into the air spare over the property to a height above sea level of more than that delineated on Exhibit "B"; the right to mark and light as otstructures to air navigation, any and all structures, trees or other objects that may at anytime project into, extend above or infringe upon the clear zone as delineated on Exhibit "B", and the right of ingress to and egress from, and passage over the, land within the clear zone area. as delineated on Exhibit 'W". Grantee. shall have the further right to cruse in all airspace above the surface of the property such noise, vibrations, fumes, dust, fuel particles " and all other effects that may be caused by the operation of aircraft landing at Or taking off from.or operating at or on the Orovi;le Municipal Airpa r and grantor does heraby.fully waive, remis_a, and release any right or cans= OF action which it may now have or which it may have in the future acainst grantee, its successors, and assigns, due to such noise, vibrations, fumes. 8 dust. fuel particles, and all other..effects'that may be -caused or may have been caused by the operation of aircraft landing at; or taking off from, or operating at or on the Oroville Municipal Airport. Grantors, for themselves, their heirs. administrators, executors, successors, and assigns, do hereby agree not to use or permit the use of the property in such a manner. -as to create electrical interference with radio conmun.ications between aircraft and the Oroville Municipal Airport, :. to make it difficult for flyers to distinguish between airport lights --and other lights. to impair visibility in the vicinity of the Crovilie Municipal.: Airport, or to otherwise endanger aircraft landing at or taking off frac . the Oroville Municipal Airport— In witness whereof, grantors -have executed this deed on the date first written above. Grantor Grantor STATE OF CALIFORNIA ) ss. COUNTY OF BUTTE ) On this _ day of in the year 19 ,.before c_, personally appeared personally known to me (or proved to me on the.b-sis of satisfactory evid=nce} to be the person(s) whose name (s) subscribed to this instrumen•_,.and, I acknowledged that executed it, (SEAL) NOTARY -2- 1 i. 1. 2 i 3 4 7. = = 9 l0 :. 13 14 I 16 17 II 19 20 • � � - 21 22 23 24 23 (f 25 ! 27 29 { j 30 31 32 dust. fuel particles, and all other..effects'that may be -caused or may have been caused by the operation of aircraft landing at; or taking off from, or operating at or on the Oroville Municipal Airport. Grantors, for themselves, their heirs. administrators, executors, successors, and assigns, do hereby agree not to use or permit the use of the property in such a manner. -as to create electrical interference with radio conmun.ications between aircraft and the Oroville Municipal Airport, :. to make it difficult for flyers to distinguish between airport lights --and other lights. to impair visibility in the vicinity of the Crovilie Municipal.: Airport, or to otherwise endanger aircraft landing at or taking off frac . the Oroville Municipal Airport— In witness whereof, grantors -have executed this deed on the date first written above. Grantor Grantor STATE OF CALIFORNIA ) ss. COUNTY OF BUTTE ) On this _ day of in the year 19 ,.before c_, personally appeared personally known to me (or proved to me on the.b-sis of satisfactory evid=nce} to be the person(s) whose name (s) subscribed to this instrumen•_,.and, I acknowledged that executed it, (SEAL) NOTARY -2- 7 s r _ STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY (/l`Gf, rL GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS �j t ~ 1120 "N" STREET J' SACRAMENTO, CA 95814 C9i6� Q (916) 322.3090 ' A fan^f"9 C� Au gust 11.:1983 O UG 1 � 798,3 g , bvi/le • Coto", To: Airport Land Use Commissions r Enclosed are two copies of the "Airport'Land Use Planning Handbook" prepared by the Association of Bay.Area Goverhemnts and the Metropolitan Transportation Commission (ABAG/MTC) •for the Department of Transportation,,Division of Aeronautics. The Handbook should prove useful as a guide and reference to local agencies and interested parties involved in land use planning around airports. Both ABAG/MTC and the Division of Aeronautics would like to take this.oppor.tunity to acknowledge the valuable input provided.by numerous.ALUCs in the preparation of this document. Marty of.you will recognize material extracted from your own plans. If additional copies of the book are needed, please contact t me. Sinc.erely., MARK F. MISPAGEL, Chief Division of Aeronautics (` c. Spyridon N. 'Sideris, Chief ' Planning Branch Enclosures COMMUNICATIONS DEC Appointment of Airport Land Use Commission. Acknowledgment was made of a letter from Butte County Counsel enclosing copies of the Board of Supervisors' Resolution and Declaration by the Mayors appointing the Butte County Planning Commission to serve as the Airport Land Use Commission for all of Butte County. l .e� p 't,, ;,yCjK it' .�• .,0;�•.,.�. - ::¢!M .. ::`i...: .a -? ..'ti'' •. .. :,.ri•. ,,.c.z; iSe :�;. ..' ... 1:.,, 'r. -.:r �.'J'•.1.. ...-. i...��L._.r._....• ......_..-Jr.... - .c.e��L._'..:.. _. ... a...M.: �:e ..... �..:..u.7!...._..._•4•_e.d�_�., _... . ._...... .. .t-1c.10.�'�<..i•m...'_t.+r..�• 06 , . ;Ito Ulz!! ' COUNTY COUNSEL Butte County Courthouse -:• Oroville. California 95965. Telephone (916) 533-1230. Ext. 243 Daniel V: Blackstock COUNTY COUNSEL November 27, 1970 William P. Mace " ASSISTANT COUNTY COUNSEL Holl H. McCabe DEPUTY COUNTY COUNSEL Mayor Conrad L. Weisker Oroville City Hall 1735 Montgomery Oroville, California Dear Mayor Weisker: Please find enclosed a copy of the Resolution by the Board of Supervisors and Declaration by the Mayors appointing' the Butte County Planning Commission to serve the function of the Airport Land Use Commission for this County. Yours truly, DANIEL V. BLACKSTOCK: Butte County Counsel DVB/md Enclosures RSCE IVE.D' NOV:3.01970 CITY ADM. OFFICE r, • ..: `.,.. fry &V Coluni" COUNTY COUNSEL Butte County Courthouse -:• Oroville. California 95965 Telephone (916) 533.1230. Ext. 243 Daniel V. Blackstock COUNTY COUNSEL William P. Mace November 27, 1970 ASSISTANT COUNTY COUNSEL Neil H. McCabe DEPUTY COUNTY•COUNSEL Honorable H. P. Sullivan Secretary of State 11.7 State Capitol Sacramento, California 95814 RE: DESIGNATION OF THE BUTTE COUNTY PLANNING COMMISSION AS-THE AIRPORT LAND USE COMMISSION FOR•BUTTE COUNTY PURSUANT: TO THE PROVISIONS OF PUBLIC UTILITIES CODE SECTION 21670.1 -Dear Mr. Sullivan: Please find enclosed Resolution No. 70-225 of the Butte:County Board of Supervisors and a Declaration by the Mayors of the''four incorporated cities situate within the County of Butte, design:. ing tree Butte County Planning Commission to assume the function' of the Airport Land Use Commission pursuant to the provisions of Public Utilities Code Section 21670.1. *This letter and the enclosed Resolution and Declaration constitutes notice to you­ of the aforesaid determination .­pursuant to Public Utilities Code Section 21670.1. Yours truly, • .. c •..�/� 1. % �c �-c �' `e.�..� L, :.,. ;/'" DANIEL.V. BLACKSTOCK Butte County Couns& DVB/md Enclosures cc: Clif Mickelson, Administrative Officer Cities of Croville, Chico,, Gridley and Biggs Marge Catt,.Clerk' of the Board � _ i rt�5k �IFc .,�" ' 'i •t v x f � � a ~ jY' , r '.k + � •f+' ':v i ri.4�'�i{—,�'t( ' r r . } i 3.. z� ' ♦ a - r � s. t3: fv y. 4 1 •. ? I .+ C'3 - h .4 . � is � � , zr Resolution No. 70- 225 - - RESOLUTION DESIGNATING THE -BUTTE COUNTY PLANNING COMMISSION TO SERVE AS THE'BUTTE COUNTY AIRPORT LAND USE COMMISSION WHEREAS, Public Utilities Code section 21670 et seq calls for the creation of an airport.land use commission; WHEREAS, Public Utilities Code section 21670.1 allows :the Board of Supervisors of the County and the mayors of the ..cities **.-- of the county each to make a designation of an appropriately' designated body to serve as an airport land use commission; NOW THEREFORE, BE IT. RESOLVED by this Board that the Planning Commission of the County of.Butte shall assume the planning .responsibilities of an airport land use commission-as,provided for .in Public Utilities Code section 21670et seq. PASSED AND ADOPTED by the Board of'.:.Supervisbrs of the County of Butte this 24th .�.:day of November 1970, by the following vote: AYES: Supervisors Howsden., Maxonq.:McKillop,-Reynolds.. and Chairman Dunaway NOES: None ABSENT: None NOT VOTING: • the' iso.r s - THE FOREGOING INSTRUMENT IS A CORRECT 'COPY THE ORIGINAL Of.) FILE AND OF RECORD- 11 - 47HIS OFF.jqC ATTEST: -.1 ....................... .. ......... : ................ I 9'..7o C..:: OF piE Sunr, CLARK A. NUSCSN' OF THE ar,,L. OF "*P-_R"1s0,',5 its s -i -*3 rO:? THE COU,,y Of BUTTE, STATE OF CALIFORNIA. E,-___j3UNAWA19 e. County Board of Suyc Butt ATTEST: CLARK A. NELSON, County Clerk'- and ex -officio Clerk of the Board of Supervisors Chairman o 1 2. 3 4 5 6 7 8 9 10 12:' 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2? 28 29 30 31 32 D XLARATION BY THL M.4YDRS OF TH24 FOUR INCORPORATED CITIES IN THC COU147Y OF BUTTE. U14- BUTTL COUNTY PLANNING COMMISSION M SERVE AS T11Z BUTTE COUNTY AIRPORT LtuND USE COMMISSION WI ER AS, Public Utilities Code section 21670 et seq calls for the creation of an airport land use commission; IJHER AS, Public Utilities Code , section 21670.1 allots . the Board of supervisors of the County and the mayors of the cities of the county each to make a designation of an appropriately designated body to serve as -an airport land use co=ission; NOW THEREX ORr, ve.:.the mayors of the incorporated cities located within Butte County, to wit the. cities of Bigss.,-:Chico, Gridley and Oroville hereby,'designate the Planning Commission of the County of Butte to assume the planning responsibilities of ran airport -land use commission as provided for in Fublic Utilities Code section 21670 et seq. We hereby declare,! -that the vote for this designation, each city mayor having one vote, %,as as follows: Mayor Thebseh - Biggs Aye: (.,)/J)—Pdo Mayor Casamajor -:Chico Aye No Mayor Shifflet - Gridley 'Aye No Mayor Weisker - O1"OVille Aye No Cn D --..ted: November 24 , 1970 .,,'Attested by: ... ,,. .. t., .. - :. •ice. .. ... - . _ �e T ADMINISTRATIVE OFFICE COURTHOUSE, OROVILLE, CALIFORNIA November 19, 1970 City Council City of Oroville City Hall Oroville, California 95965 . Attention Jerrold Gonce, City Administrator Gentlemen: The joint meeting of the Mayors Selection Committee and the Board of Supervisors has•'been scheduled for 12 o'clock noon, Tuesday, November 24 at Prospectors Village in Oroville. I.thought you might be interested in this correspondence that we received from the County. Supervisors Association. Very truly yours, Clif Mickelson County Administrative Officer COUNTY SUPERVISORS l '. A S S O C I A T I O N 1100 ELKS BUILDING. SACRAMENTO. CALIFORNIA " 95814 • PHONE 441.4011. AREA CODE 916 �aAll OF CALIFORNIA November .18,, 1970 TO: Chairmen, Boards of Supervisors and County Administrative Officers ^O:t: Denny Valentine, CSAC Staff SUBJECT: APPOINTMENT OF•AIRPORT LAND USE COMMISSIONS 1. Appointment of Airport Land Use Commissions. AB 1856, Chap. 1182.,. (Badham) enacted this year requires the creation of an airport land use commission �X Januar 1, 1971, in each county which has at...least one airport "operated for the benefit of the general public and x served by a certified air carrier". In the event a commission is created, it is to prepare a compre- hensive land use plan providing for the orderly growth of the public airport compatible with the surrounding area. In formulating such.a plan the commission may develop height restrictions on buildings, may seecify use of land and may determine building standards, including soundproofing adjacent to airports.' Action or regulation of any Public agency within the airport planning area which appears to -be Inconsistent with the commission's airport master plan is subject to a hearing procedure before the commission; however, the decisions.of Lire cor.unission may be overruled by a 4/5th vote of the governing body of tine agency proposing the action .or regulation. The same procedure e,,,,j,i„e• development plans of the airport itself. The commission consists of seven members. Two are appointed by . -Che -mavora' se? ect committee, two by the county board of super..visors and two by -the airport managers of the public airports within the: county. The seventh member, representing the general public, is .to. be selected by the other six. Members of the first commission are to classify themselves by lot so that the term of office of one member is one year, two members - two years, two members three years,.and two members.- four years. Thereafter members shall serve for four.. year terms. The specific language of the statute relating: to the appointment of rrie*mbers by the mayors' select committee:. is as follows: "Two'.. representing the cities in the county appointed by'a select committee comprised of the mayors of all of the cities within the county,.pro- SIG SANCHEZ. P.rsrorsT G:LRCY. SANTA CLARA COUS!: "►1 :_ i' L) RALPH P. THIEL.:Iasr wcs PRESIDENT . . GROYELAND• TubwmN( COdNTT fV O V V NORMAN J. DAVIS. SECOND vier PRESIDENT I �r i t i 11mesiDE. Afvmaos COUNTY: . JACK M. MGRiLMAN HARPY P., SCHMIDT. TUEAsudEl' GENERAL COUNSEL AND MANAIGIf CITY AWL LIFFICE GULTIN6. MERCED C•JUNTT,. COUNTY SUPERVISORS A S S O C I A T I O N 1 • PHONE •61.4011, AREA CODE 916 1100 ELKS BUILDING. SACRAMENTO, CALIFORNIA 0381• OF C A L I F O R N I A November 18. 1970 hairment. Boards of Supervisors:and County Administrative TO: C Officers Denny Valentine► CSAC Staff FROM: USE COMMISSIONS SUBJECT: APPOINTMENT OF AIRPORT LAND •• Cha 1182, Con►mi-sions. AB�56' ort land ort Land Use an airport of Air wires the creation of has. at .least 1 • p, oirtmen.. year req ZBadha' enacted this Y .1— 99.7 —in Bac he county ublic and Januar 1, general P use e o fission for the. benefit of .one airport Il operate carrier"• served by a certified air to prepare a compre- created, it is the public commission is the orderly 5r°wth of such a In the event plan providing area. In formulating may hensive land use plan the surrounding buildings' compatible develop. height restrictstandards, including airportmay plan the commission determine building regulation of n be use of land and may orts• Action which appears specify adjacent to airp planning area subject to soundproofing the airport, ublic_agency withinos airport master a theldeci!.ng body p with the commissions-' . however, commission, the governing inconsistent a q" r vote of same rte° edu e a hearing procedure before the elation. The commission may be overruled by oft itself. the the action or reg enc prop laris of the air of the.ag nth develogment appointed by Two are . -o seven members • board of stinP.rvisors. two by the county within .the The com��ission consists o� public airports� to -ors' se- committee? of the P � mineral pU��l3.c, is the may y the airport managers the q- ission to . and .t%�°o '�� representing "members of the first comm one membzr The are seventh member, term of office county. by the other six• ears,: and be selected lot so_that the two members three y classify the by two years,. serve for four year, two members Thereafter members shall is one .�. _ four years. .two Inc­-- ointment year terms. to t'ne aIT the statute relating Two The specific language °f. committee mayors select committee iS as a Select the ma. county appointed b} • .of members by tii.e within the'.county, Pr°" ; representing the cities in all of the citi�-s, comprised of the mayors of SIG SAtdCHfiZ. Princ•, C.:Iper. 5n1A ra�CA COue.t: RALPH .P THIEL: I74ST VICi PacsCc GIj0r6lAN0. TUOWMNi COUNtT NORMAN J. DAYIS.,SOUNTYaoNo vitt P • R.casoc.'Rwiasroq C HARRY 'P. SCHMIDT: Ta0iuc GucnN:. Mcacco C'. CITY k -M.. tI"r; ICE JACK M. MERi IhUN Cir NiRAI COuwti\ AND 1AAN6Oi... November 18, 1970 Chairman O. E. Dunaway Butte County Board of Supervisors Courthouse Oroville, Calif. Dear Chairman °Dunaway: The City Council-at its meeting' of November 16th unanimously authorized the Mayor to request that B. C. A. G. act as the Airport Land Use Commission as provided in A. B. 1356. It was felt that B. C. A. G. membership represents all cities and the County without the, inclusion of non-elected representatives, and further that the County Planning Commission did not need additional responsibilities added to its present workload. Sincerely, Jerrold R. Gonce City Administrator JRG:wk cc: County Administrative Officer This same letter to: Mayos Clifton Shifflet. ''CdtyI-R l,.i'Gridley Mayor William ,H. Thebach, Biggs City Hall November 17, 1970 Mayor Gordon H. Casamajor City Hall Chico, Calif. 95926 Dear Mayor Casamajor: The City Council at its meeting.of November 16th'authorized Mayor Weisker to request that B'. 'C. A. G. be recognized as the Airport Land Use Commissi,6h''as allowed -by A. B. 1856. This request will be made at the.;8. C. A. G.' meeting scheduled for Thursday, November 19th, and the City Council solicits your concurrence with this recommendation for the following reasons: 1 - B. C. A. G. membership is representative of all the cities and the County without the inclusion of other than elected officials. 2 - The County Planning Commission has an abundance of continual projects and a heavy staff workload at present and furthermore would have the opportunity to make recommendation's for any development around airports within the County. Sincerely, Jerrold R. Gonce City Administrator JRG:wk .. ....... .... CITY OF OROVILLE TER -OFFICE MEMORANDUM DATE: November 13, 1970 TO: City Council FROM: City Administrator SUBJECT. AIRPORT LAND USE COMMISSION - AB 1856 AB 1856 enacted this year requires the creation of an Airport Land Use Commission by January, 1971., in each County having at least one airport "operated for the benefit of the general public and served by a certified air carrier". This legislation also sets forth the responsibilities of this Com- mission and a recommended membership consisting of 2 representatives appointed by a Mayor's Selection Committee, 2 representatives appointed by the County Board of Supervisors and 2 representatives by the Airport Managers of the airports within the County and a 7th member representing the general public to be selected by the other 6. The legislation also; allows for the alternative of using an existing' Board or Commission to serve as the Airport Land Use Commission. The legislation also "requires that the County provide appropriate staffing for the Comrriissio.n- regardless of its makeup. After reviewing this legislation with the City Attorney, itis our opinion that anybody appointed as the "Airport Land. Use Commission.'", will have advisory authority over the development of not only an airport served by, a certified air carrier, but over all' airports within the. County,: therefore serious consideration should be given by the Council to the amount of responsibility they wish to give to another body for the development in and around the City's Airport. The County Administrator is recommending that the County Planning Commission serve as -the "Airport Land Use Commission" for Butte County. Also it has been discussed that possibly the Chico Airport Commission could serve in this capacity; however I believe that in the best interest of all agencies .concerned, the best :representative body now existing that could serve in this .capacity is B. C. A. G. B. C. A. G. is represented,by the Board of Supervisors and. representatives from 1, each city, and is presently staffed" by the County' Administrative Office and meets ithe' requirements to consider matters of County=wide importance, therefore it wduld appear to be the proper body to assume the responsibilities set forth'in AB ,1856. It is my opinion that we do not need another commission or board within the County to involve itself with planning and land use matters: I also believe that the County Planning Commission has sufficient work on a continual basis to keep its staff fully occupied and its members involved .in meetings. In addition, the ��y Planning Commission will ultimately have the opportunity to make recommenda- tions upon any zone changes and developments affecting airports within the County. Also, F. A. A. has very stringent rules relating to airports and their operation, as well as areas adjacent to runways. RECOMMENDATION: That the Council authorize the Mayor to request that B. C. A. G. 'be approved as the official body to serve as the "Airport Land Use Commission" as required by AB 1356. November 169 1970 Airport Land Use Commission Acknowledgment wars made of the Administrator's detailed report on the creation of an Airport Land Use Commission as required by AB 1-356 enacted in 1970. Discussion of the desirability -of B.C.A.G. acting as the Airport Land Use .Commission rather than the Butte County Planning commi-ssion ensued. It was moved by Councilman Shaner and second -.ed by Councilman Winstalthat the;•Mayorbe authorized to request that B.C.A.G. be approved as the official -body, to -serve as the Airport Lands Use Commission as required by by.AB•1856. The motion was.passed by the following vote: AYES: Hadley,, Miller,_Shaner; Tandy, Winston, Weisker NOES:. None ABSENT: Church — -_ b 1. T r 1108 °'o" STREET • -�'+`v ` SACRAMENT095814 (916) 444.5790 of talifornia" , rI (�A HOTEL EY 94705 444JJJ �J W BERKELEY 94705 ��''• . '`(415) 843.3083 Afember National League Of Cifiet "Ir"e°lern City" official Publitalion 702HILTONCENTER j t f.OfLtC ,f : ;:;'a� LOS ANGELES 90017 (213) 624.4934 95814 . •.�.,,,•�. Sacramento, Ca. November 5, 1970 To: Mayors, City Managers and City Clerks in Non -Manager Cities Subject: 1. Appointment of Airport Land Use Commissions 2. Interim Committee Hearings " 3. Census Service Facility 1. Appointment of Airport Land Use Commissions. AB 1856, Chap. 1182, (Badham) enacted this year requires the creation of an airport -land use commission by January 1. 1971, in each county which has at least one airport "operated for the benefit of the general public and served by a certified air carrier",. The commission is to prepare a comprehensive land use plan providing for the orderly growth of the public airport compatible with the surrounding area. In formulating such a plan the commission may develop height restrictions on build- ings, may specify use of land and may determine building standards, including soundproofing adjacent to airports.. Action or regulation of any public agency within ihe'airport planning area which -appears to be inconsistent with the com- mission's airport master plan is subject to a hearing -procedure before the commission: however, the decisions of the commission may be overruled by a 4/5th vote of the noverning body of the agency proposing the action or regula- tion. The same procedure pertains to the development plans -of the airport it- sehf. The commission consists of seven member§. Two are appointed by the mayors' select committee, two by the county -board of supervisors and two by the airport managers of the public airports within the county. The seventh member,.repre- senting-the general public, is to he selected by the other six. •Piembers of the first commission are to classify themselves by lot so that the term of office of one member is one year, two members -.two years, two members - thf,�-pw V_Lmpj and two members - four years.Ther6after members shall serve for four year terms. NOV G 19 The specific language of the statute relating to the appointment of mMt eW.WFICE -,:the mayors' select committee is as follows: "Two representing the cities in the county appointed by a select committee comprised of the mayors of all of the cities within the county, provided however that if there are any cities contiguous or adjacent to the qualifying airport, at least one such repre- sentative shall be appointed therefroth." Inasmuch as the county is required under the statute to "staff" the commission, it is suggested that the names selected by the mayors be submitted to the county so that they in turn can file a "certificate of formation" with the Secretary of State on or prior to January 1, 1971. Incidentally, compensation or reimbursement for necessary expenses for commission members is also'determined by the board of supervisors. An alternative to the appointment of the commission is also provided, where if the board of supervisors and the select committee of mayors by a majority vote 11/5/70 /ni determine that proper land use planning can be accomplished by some other appropriate body, they can so designate such a body to serve in lieu of the commission. The Secretary of State'must also be informed of this designation. One exception is found in Los Angeles County where the County Regional Planning Commission has been given the responsibility under AB..1856 of "coordinating the airport plans of public agericies,within the county". Each year legislation is introduced to remove the planning, zoning and regula- tory authority of cities adjacent to airports because of the number of juris- dictional problems that have arisen relating to airport development, noise, etc. AB 1856 provides a mechanism -for the involved cities and counties to work coo eratively in this most sensitive area of planning. It is important U that the pcommission have qualified members if the intent of the legislation is to be fulfilled. peVTt!`p o :.o 0 0 o p 0 0 �ouht� CMI, ADM' 1NISTRAT1V FFICE COUNTY OF BUTTE 25 COUNTY CENTER DR. / OROVILLE, CALIFORNIA 95965-3380 / (916) 534-4631 MARTIN J. NICHOLS CHIEF ADMINISTRATIVE OFFICER Jana Wilson, Mayor City. of Oroville 1735 Montgomery Orovil-le, CA 95965 February 22, 1984 Dear Mayor Wilson and Council Members: MEMBERS OF THE BOARD AL SARACENI JANE DOLAN HILDA WHEELER BERTHA MOSELEY LEN FULTON Duffs Co. Planning.Comrn. FEB 2 3 1984 Oroville, California Please be advised that the Board of Supervisors on February 14, 1984, took action to rescind their prior action of December.6, 1983, relating to expanding the county's Airport Land Use Planning Commission to include representatives from the cities of.Chico and Oroville. By so doing, the Board of Supervisors' action of November 24, 1970 stands. whereby the Butte County Planning Commission remains as the.;designated Airport Land Use Planning Commission. Ver truly, urs, Martin JJ ichols Chief Administrative Officer MJN/MP/jac cc: Titch Copeland, Oroville City Administrator vdettye Kircher, Director of Planning CH110 ADMINISTRATIVi#FFICE COUNTY OF BUTTE 25 COUNTY CENTER DR. / OROVILLE, CALIFORNIA 95965-3380 / (916) 534-4631 MARTIN J. NICHOLS CHIEF ADMINISTRATIVE OFFICER Karl Ory, Mayor City of Chico P. 0. Box 3420 Chico, CA 95927 February 22, 1984 Dear Mayor Ory and Council Members: MEMBERS OF THE BOARD AL SARACENI JANE DOLAN HILDA WHEELER BERTHA MOSELEY LEN FULTON Please be advised that the Board of Supervisors on February 14, 1984, took action to rescind their prior action of December 6, 1983, relating to expanding the county's Airport Land Use Planning Commission to include representatives from the cities of Chico and.Oroville. By so doing, the Board of Supervisors' action of November 24,-1970 stands whereby the Butte County Planning Commission remains Wshsignat d Airport Land Use Planning Commission.; Ve y truly y urs, Martin J. Nacho s. Chief Administrative Officer MJN/MP/ jac cc: Fred Davis, Chico City Manager g,,B"ettye Kircher, Director of Planning �ecc.Q�ann�n9�tnt� orovt\1e.. cau#®��' CHI ADMINISTRATIV*FFICE COUNTY OF BUTTE OUT�E. 25 COUNTY CENTER DR. / OROVILLE, CALIFORNIA 95965-3380 / (916) 534-4631 o ! o o, o 0 0 0 0 MEMBERS OF THE BOARD 00 1% AL SARACENI JANE DOLAN MARTIN J. NICHOLS CHIEF ADMINISTRATIVE OFFICER February 7, 1984 HILDA WHEELER BERTHA MOSELEY Buffe Co. LEN FULTON Board of Supervisors Planning Comm, 25 County Center Drive FEB 13 1984 Oroville, CA 95965 Oroville, California Dear Board Members: Re: Airport Land Use Planning Commission Please find attached a report prepared for me by -Mike Pyeatt. covering the Airport Land Use Planning Commission changes your Board made on December 6, 1983. Apparently the actions your Board took in expanding the County Planning Commission to include two city repre- sentatives on December 6, 1983, is contrary to the provisions of the Public Utilities Code. .The report also indicates a full range of alternatives for designating a County Airport Land Use Planning Commission. Based upon Mike's report and my conversations with Bettye Kircher, the following recommendations are offered: 1 . Rescind your action of December 6, 1983, expanding membership of the present Planning Commission to include -representatives from Chico and Oroville when sitting as the'Airport Land Use Planning Commission. 2. Direct the Chief Administrative Officer to notify the respective City Councils. 3.. Let the prior action of November 24, 1970 stand whereby the Butte County Planning Commission remains as the -designated Airport Land Use Planning Commission. Any change from this designation would.require a majority vote of the City Selection Committee of Mayors. Uery ruly yo rs, a -in J. Nichols of Administrative Officer MJN/MP/jac Encls. cc: City Council, City of Chico City Council, City of Orovil1e Fred Davis, Chico City Manager Titch Copeland, Oroville.City Administrator /Bettye Kircher, Director of Planning Del Siemsen, County Counsel Mike Pyeatt, Deputy Administrative Officer Inter -Depart onenta Memorandum •CO UN�y, TO: Board of Supervisors FROM: Planning SUBJECT: City of Oroville's Policy and Procedure for acquisition of avigation easements. DATE:. 'January 26, 1984 The City of Oroville request the County incorporate H. A, B, and C into its procedures for processing land divisions, use and variance permits, and building permits in order to convey avigation easements to the City of Oro.ville for property located in the vicinity of the Airport and within the 55 Db(A) coutour. Enclosed is,a copy of the City of Oroville's Policy and Procedure for acquisition of avigation easements._ This document was approved by City Council action January 3, 1984. BAK:lr Enc. ILL .� ;•� - - O .,1735 .MONTGOMERY STREET. OROVILLE, CALIFORNIA 95965 .AREA CODE 916 533-9551 Yom` i� n NCORpORAiE� %qC Planning COMM Butf13-C JAN, 1 1984 -January. 10-,, 1984-.. : ' OrovihS, Galitornia ' Ms. Bettye Ki'rcher,: Director Butte County -Pl anni-ng •.Departmen.t • , 7 County Center Drive ' Orov i l l e,. Cali forni.a 95965 Oroville Municipal -Airport Enclosed.'is'-a-copy. of City of Oroville's Policy and Procedure for acquisition of.avigat.i.on"easements. This document was approved by, . City Council action January 3, 1984. The City of-Orovi1Te!'re 0U'ests;the County incorporate II. A, B and C into its procedures for:.processing-land divisions, use and variance permits, and buildi�ng.;p'ermits: i.n-order to convey avigation easements to the City of Oroville'fo'r.property.l.ocated in the vicinity of the 'Airport and -within the'S5 :db(A). contour: Please contact•me if you'haVe,any a auestions'-regarding this matter. Ki rt M. Hunter0� Public Works Director- . Enclosure ADV Cc�uc�� Y Civ r� -a�Q 0 CITY OF OROVILLE Policies and Procedures • I AY NATION EASEMENTS WITHIN THE 55 db(A) I NUMBER: 16 SUBJECT: CONTOUR OF THE OROVILLE MUNICIPAL AIRPORT DATE: 1-3-84 SECTION: PUBLIC WORKS I. PURPOSE: To establish a policy and procedure for conveying to the City avigation easements for private property within the vicinity of the Oroville Municipal Airport and within the 55 db (A) contour. II. POLICY: Avigation easements shall restrict the height of structures and other objects on the property and convey to the City certain rights with respect to noise, dust, and vibration on the property (see attached Exhibits). A. Land Divisions Within the City Limits All persons submitting applications::for land divisions, including but not limited to subdivisions maps, parcel - maps, minor land divisions, boundary line modifications, and.parcel.map waivers located within the vicinity of the Oroville Municipal Airport and within the 55 db(A) contour (Exhibit 2) shall be required to convey (unless previously conveyed for the property) an avigation easement to the City as a condition of the completion of the land division. I B. Use and Variance Permits All persons submitting applications for Use and/or Variance Permits for property located in the vicinity of the Oroville Municipal Airport and within the 55 db(A) contour (Exhibit 2) shall be required to convey (unless previously conveyed for the property) an avigation ease- ment to the City as a condition of the granting -of the permit. C. Building Permits Within the City Limits All applicants for building permits within the 55 db(A) contour (Exhibit.2) shall be requested to convey aviga= tion easements to the City if not previously conveyed. D. Land Divisions, Use and Variance Permits, and Building Permits Within the Unincorporated Area Upon finalization of the Public -.Works Policy and Pro- cedure, the City Engineer shall file a copy of the A.P.P. with the appropriate County Officials and the Butte County Airport Land Use Commission. The City Engineer INITIATED BY: PUBLIC WORKSI,APP:ROVED BY: COUNCIL 1-3-84 1 Page 1 of 5 1 I I CITY �ROVILLE Policie 1-.. end Procedures NUMBER: 16 AVIGATION EASEMENTS WITHIN THE 55 db(A) SUBJECT: CONTOUR OF THE OROVILLE MUNICIPAL AIRPORT DATE: 1-3-84 SECTION: PUBLIC WORKS shall request that the County incorporate II. A,.B, and C. into its procedures for processing land divisions, use and variance permits and building permits in order to convey avigation easements to the City of Oroville for property located in the vicinity of the Oroville Municipal Airport and within the 55 db(A) contour. [I. PROCEDURE A. Land Division and Use or Variance Permit 1. When a condition has been attached to a land division or use and/or variance permit, to convey an avigation - easement to the City for property either inside the Oroville City.limits or in the unincorporated area, the Department of Public Works shall prepare a "Grant of Avigation Easement", hereinafter referred to as Grant (Exhibit 5). 2. The Department of Public Works shall: a. Secure from.the applicant -a metes and bounds description or such description approved by the Director of Public Works of the property over which the easement is to be conveyed, to be attached to the Grant as Exhibit "A". b. Secure from the applicant a plat which clearly delineates the property over which the easement is to be conveyed, to be attached to the Grant as Exhibit "B". c. Specify in the Grant (Exhibit 5) the appropriate elevations as shown on Exhibits 3 and 4. d. Secure from the applicant a document indicating property ownership. (This may be a preliminary title report, lot book or other legal documen- tation.) e. Specify in the Grant the grantor's name and title exactly as it appears on the ownership document. f. Specify in the Grant the date that the document is executed. INITIATED BY: PUBLIC WORKS APPROVED BY: COUNCIL 1-3-84 Page 2 of 5 CITY OF OROVILLE Policies and Procedures • Page 3 of 5 AVIGATION EASEMENTS WITHIN,THE 55 db (A) NUMBER: 16 SUBJECT: CONTOUR OF THE-OROVILLE MUNICIPAL DATE: 1-3-84 SECTION: PUBLIC WORKS 3. The property owner or authorized designee shall exe- cute the Grant and have -the signature(s) notarized an 'then submit the Grant to the Department of Public Works. (Note: the property documentation shall be current with the signature(s).) 4. The Department of Public Works shall verify the accuracy of the Grantor's signature(s) which must be exactly as shown in the ownership documentation. 5. The Public Works Director shall: a. Execute the Certificate of Acceptance and Consent. - b. Record the Grant and the Certificate of Acceptance and -Consent. c. Upon receipt of the recorded Grant, forward copies 0. to the Grantor and the City Clerk. 6. The Department of Public Works shall record the avigation easement in the City's property book and maintain a map indicating all recorded avigation easements. B. Building.Permits 1. When an applicant for a building permit agrees to convey an avigation easement to the City for property " both inside the Oroville City Limits or in the unin- corporated area, the Department of'Public Works shall prepare a "Grant of Avigation Easement" hereinafter referred to as Grant (Exhibit 5). 2. The Department of Public Works shall: a. Prepare a metes and bounds description of the property over which the easement is to be convey- ed or such other description approved by the Director of Public Works, to'be attached to the Grant as Exhibit "A". -. b., Prepare a plat which clearly delineates the prop- erty over which the easement is to be conveyed, to be attached to the Grant as Exhibit "B". INITIATED BY: PUBLIC WORKS APPROVED BY:. COUNCIL 1-3-84 Page 3 of 5 CITY OF OROVILLE Policies and Procedures Page 4 of 5 AVIGATION EASEMENTS WITHIN THE 55 db (A) NUMBER: 16 SUBJECT: COUNTOUR OF THE OROVILLE MUNICIPAL DATE: 1-3-84 SECTION: PUBLIC WORKS c. Specify in the Grant (Exhibit 5) the appropriate elevation as shown on Exhibits 3 and 4. d. Obtain from a title company, a lot book report . indicating property ownership. e. Specify in the Grant the grantor's name and title exactly as it appears on the ownership document. f. Specify in the Grant the date that the document is executed. 3. The property owner or authorized designee shall exe- cute -the Grant and have the si.gnature(s) notarized and then submit the Grant to the Department of Public Works. (Note: The property ownership documentation shall be current with the signature(s).) 4. The Department of Public Works shall verify the accuracy of the Grantor's signature(s) which must be exactly as shown in the ownership documentation. 5. The Public Works Director shall: a. Execute the Certificate of Acceptance and Consent. b. Record the Grant and Certificate of -Acceptance and Consent. c. Upon receipt of the recorded Grant, forward copies to the Grantor and the City Clerk. 6. The Department of Public Works shall record the.aviga tion easement in the City's property book and maintain a map indicating all recorded avigation easements. C. Oroville Municipal Airport or other City Property Avail- able for Sale or Lease 1. The reservation of an avigation easement shall be in- corporated in the. deed of conveyance in the connec- tion with the sale of Oroville Municipal Airport property and other land available for sale by the City within the.55 db(A) contour. .INITIATED BY: PUBLIC WORKS IAPP.P.OVED BY: COUNCIL 1-3-84 Page 4 of 5 CITY OF OROVILLE Policies and Procedures Page 5 of 5 AVIGATION EASEMENTS WITHIN THE 55 db (A NUMBER:. 16 SUBJECT: COUNTOUR OF THE OROVILLE MUNICIPAL AIRPORT DATE: 1-3-84 SECTION: PUBLIC WORKS 2. In the case of Oroville Municipal Airport property and other land available for lease by the City with- in the 55 db(A) contour, a condition of the lease shall include the same restrictions shown in Exhibit 5 (modified to reflect leasee rather than grantee). 3. • Copies of the approved sale or lease agreement shall be forwarded to the Public Works Department. 4. The Public Works -Department shall note the existence of the provisions in the City's property book for sale properties and shall maintain a map showing all recorded agreements including lease agreements. [V. EXCEPTIONS None unles authorized by the City Council. INITIATED BY.: PUBLIC WORKS FAPP:ROVED BY:;. COUNCIL 1-3-84 Page 5 of 5 J (j i a) L I+- O �. { O 'W / >.O Z • o'` SCALE 1= 800' THERMALITO FORESAY S COUNTY OF BUTTE CITY OF OR�VILLE. II P I I {�-------------- W W I y N� p N N 0 OROVILLE MUNICIPAL AIRPORT J AIRPORT BOUNDARY ----- CITY LIMITS ----- EXHIBIT I OROVILLE E° MUNICIPAL AIRPORT AREA BOU N DARY J:t REFERANCE: C/TY OF OROV/LLE GENERAL PLAN /982 EXHIBIT 2 OROVI L L E MUNICIPAL AIRPORT FUTURE L' = 55 db (A) CONTOUR: ell oc h ti V ►p N Qr. v h h N N 4,i p y N 13" N v � o� v` • N I I h O N • 4E a . o, • i I I 200' 200' 2,000' PROFILE 2,000' I, 700' ,. �:. 200' _ , .... _._-.. �..... . s: — REFER TO C/TYOFOROV/LLE ZONING ORDINANCE CHAPTER 26 FOR BUILDING HEIGHT RESTRIMDNS OU-TSIDE CLEAR ZONE BOUNDARIES. NONPRECIS/ON INSTRUMENT CLEAR ZONE LOCAL CL EAR ZONE P- SCALE / 400' EXHIBIT 3 CL EAR ZONE A PPROACH AREAS TYPICAL RUNWAY *I2 - 3.0 MUNICIPAL UNICIPAL AIRPORT 200, 700' PROFILE 700' /.000, NONPRECISION INSTRUMENT CLEAR ZONE L OCA L CL EA R ZONE PLAN N. T S. ,?EPER TO ClrY OF OROVILLE EXHIBIT 4 ZONING ORD/NA NCE CHAPTER 26 FOR BUILDING HEIGHr RES 77RICrIONS CL EA RZONE A PPROA CH AREA S OUTSIDE CLEAR ZOVE BOUNDARIES. TYPICAL RUNWAY' /9 ORO WLLE MUNICIPAL AIRPORT • 1 2 3 4 S 6 8. >.9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1] GRANT OF AVIGATION EASEMENT Deed made this day of by (hereinafter referred to as Grantor) to the City of Oroville, a municipal corporation of the State of California,.(hereinafter referred to as Grantee). . In considerationof good and valuable -consideration, the receipt and sufficiency of which is hereby acknowledged, grantors, for themselves, their heirs, administrators, executors, successors.. and assigns, do hereby and convey to grantee.' its successors and assigns, a"perpetual easement and right-of-way for the unobstructed passage of all aircraft in the airspace above the property located in the City of Oroville, County of Butte. State of California described in Exhibit "A" and shown in Exhibit "B", attached hereto and by this reference incorporated herein (hereinafter called "the property") from a height above sea level as shown on Exhibit "B" to an infinite height above the property. Concomitant and coextensive with said easement and right-of-way, grantee shall have the continuing right to remove all or any portion of any structure, natural growth or other object on the property which extends into the air space over the property to a height above sea level of more than that delineated on Exhibit "B"; the right to mark and light as obstructures to air navigation, any and all structures, trees or other objects that may at anytime project into, extend above or infringe upon the clear zone as delineated on Exhibit "B", and the right of ingress to and egress,from, and passage over the land within the clear zone area as delineated on Exhibit "A". Grantee shall have the further right to cause in all airspace above the surface of the property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation of aircraft landing at or taking off from or operating at or on the Oroville Municipal Airport; and grantor does hereby fully waive, remise, and release any right or cause of action which it may now have or which it may have in the future against grantee, its successors, and assigns, due to such noise, vibrations, fumes. E"., � 1 i 2 I 3 1 4 S 6 Y, 7 " g 9. .10 it 12 13 14 15 16 i 17 18 1 19 I 20 21 22 23 24 25 26 27 28 29 30 31 32 dust, fuel particles, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at or on the Oroville Municipal Airport. Grantors, for themselves, their heirs, administrators, executors,' . successors, and assigns, do hereby agree not to use or permit the use of the property in such a manner as to create electrical interference with radio co munications•between aircraft and the Oroville Municipal Airport,..c to make it difficult for flyers to'distinguish between airport lights and other lights, to impair visibility in the vicinity of the Oroville Municipal Airport, or to otherwise endanger aircraft landing at or taking `off from the Oroville Municipal Airport._ :. In witness whereof, grantors -have executed this deed on the date first written above. Grantor Grantor Grantor STATE OF CALIFORNIA ) 55. COUNTY OF BUTTE ) On this _ day of in the year 19 , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) subscribed to this instrument, and acknowledged that executed it. - (SEAL) NOTARY -2- ti a d •� v_ � 1 i 2 I 3 1 4 S 6 Y, 7 " g 9. .10 it 12 13 14 15 16 i 17 18 1 19 I 20 21 22 23 24 25 26 27 28 29 30 31 32 dust, fuel particles, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at or on the Oroville Municipal Airport. Grantors, for themselves, their heirs, administrators, executors,' . successors, and assigns, do hereby agree not to use or permit the use of the property in such a manner as to create electrical interference with radio co munications•between aircraft and the Oroville Municipal Airport,..c to make it difficult for flyers to'distinguish between airport lights and other lights, to impair visibility in the vicinity of the Oroville Municipal Airport, or to otherwise endanger aircraft landing at or taking `off from the Oroville Municipal Airport._ :. In witness whereof, grantors -have executed this deed on the date first written above. Grantor Grantor Grantor STATE OF CALIFORNIA ) 55. COUNTY OF BUTTE ) On this _ day of in the year 19 , before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) subscribed to this instrument, and acknowledged that executed it. - (SEAL) NOTARY -2- OFFICE OF THEqW w'= 7 CITY MANAGER Be Co. Planning ,ss E. Firth Street January 6, 1984 IA(� 9 log 4 CITYOFCHICO P.O. Box 3420 wc:1872 Chico, CA 95927 OrOvill9� fad (916) 895-4803 ATSS 459-4803 PS-D-154.1/Chrono Mr. Martin J. Nichols Chief Administrative Officer County of Butte 25 County Center Drive Oroville, CA 95965 Re: Chico Representative to County Airport Land Use Commission Dear Marty: At its January 3, 1984 meeting, the City Council acknowledged receipt of your December 13, 1983 letter in which you asked to be notified of the City's appointee to the Butte County Planning Commission when acting as the Airport Land Use Commission. The City Council appointed the Chairman -of the Airport Commission, (held at this time by Jerry Kenkel).as the City's representative and his designee who would serve as alternate. The alternate representative would be another member of the City's Airport Commission. Would you please provide notice of meetings and other information to Mr. Kenkel at P.O.: Box 3970, Chico, 95927, telephone 345-1396 (business) or 891-5321 (home) and City Manager, Fred Davis, P.O. Box 3420, Chico, 95927. The City Council asked that I express its appreciation to the Board of Supervisors for approving this representation on the Airport Land Use Commission, and believes this will further City - County cooperation with regard to airport, planning in the Chico area. Sincerely-, FRED DAVIS City.Manager FD:ic. cc: Jerry Kenkel City Clerk PIanni e �6un ty Planning Director upervisor Do an Supervisor Wheeler Airport Commission ...7 • Bu#e Co. Planning Comm. JA! ! 3 11984 Oroville, California Administrative Office January 12, 1984 To: Martin J:'.Nichols,.:Chief Administrative Officer From: Mike Pyeatt, Deputy Administrative Officer Subject: Airport Land Use Planning Commission On December 6,.,.1983 at:the request of the Butte County Planning Commission, the Board of Supervisors took affirmative action to add two members, one from the City of Chico and.one from the City.bf Oroville., when sitting as the County Airport Land Use Planning Commission. TH.,s :a.ction is found in Minute Order 83-1003. Subsequent to the ;�oard.of Supervisors action, a letter.from this office was prepared send'i n§' -.notification to the :City Councils of' both Chi to and Orovi l l e. . Sh'o.r..tly thereafter, I was notified by Director of Planning Bettye Kircher ,of.a need to obtain:.clar-ification from�County Counsel relative to . whether the city's:were responsible for nominating a member or appointing a member. This was--:discussed-.with County Counsel Del Siemsen who advised initially that the Board of -Supervisors may have acted outside the scope of Public Utilities Code -§21670 et seq. Thereupon, telephone contact was personally made with both cities asking that no further action take place relative to'appointments until we had further researched the matter. LI Background AB 1856, Chapter 1182 of the Statutes of 1970, required the creation of -an -Airport Land Use Commission by January 1, 1971 in each county which had at least one airport "operated for the benefit of the general public and served by a:certified ai.r carrier." This legislation created two alternative methods for designating an Airport Land Use Commission. X71 • • Martin J. Nichols -2- January 12, 1984 4. Public Utilities Code §21670:.provides that the Commission will consist of seven members; two representing the cities of the county, appointed by a::City Selection Committee comprised of the Mayors of all..the cities within that county; two representing the county, appointed by the Board of Supervisors;_ two representing the.airports within the county, appointed by a Selection Committee comprised of the managers of all the publid:airports within the county; and one member representing the general public,.appointed by the other six members of the Commission. 2. Public Utilities Code §21670.1 provides an alternate method whereby the Board of Supervisors and the City Selection Committee of Mayors in the county make a determination by a majority vote designating "some other appropriate body. In Butte County, the Board of Supervisors.adopted Resolution No. 70-225 on November 24,'1970 designating the Butte County Planning Commission 'as the Airport Land Use Commission in accordance with §21670.1. Similarly, the Mayors of each of the four cities of the county also made -a declaration on Noveinber 24, 1970 approving the designation of the'Butte County Planning Commission. Said vote was on a 3-1 basis with the City of OroviTle in opposition. (The City of Oroville's opposition was based upon their feeling that the Butte County Association of Governments would have been a more appropriate body.) .As.required:by law; the Board -::of Supervisors Resolution and the. declaration by the Mayors was forwarded to the Secretary of State on November 27, 1970. Copies.of this correspondence and the documents are attached. Recommendation Based upon the foregoing, and after discussions with County Counsel, the following recommendations -are offered: 1. The Board of Supervisors be requested to reverse their action. of December 6, 1983 which expanded the membership of the present Planning Commission to include representatives from Chico and'Oroville when sitting as..the Airport Land Use Planning Commission.. This action is contrary to the provisions set forth -in Public. Utilities,Code §21670 and §21670.1. 2.' Alternatively, the:Board has: four choices available to it. .. .. i A. Let the prior action of.November 24, 1970 stand whereby the Butte County Planning:Commission is designated as the Airport Land Use Planning Commission for the county. U Martin. J. Nichols -3- January 12, 1984 B. Expand the membership of the Planning Commission as a whole to include representatives of cities. C. Set in motion the procedure for designating the Airport Land Use Planning Commission as a separate_ body as identified i.n.Public Utilities Code §21670.. D. Have the Board.of Supervisors, with-the.concurrence of the -:City Selection Committee, designate another appropriate body to sit ;as the Airport Land Use Planning Commission. Mike yea s Deputy Administrative Officer MP/rd , Enclosures cc: Del `emsen,County Counsel ettye Kircher, Planning Director • PLANNING -OFFICE Fifth and Main Streets CITYovCHICO P.O. Box 3420 INC. 1872 Chico, CA 95927 ' (916)895-4851 ATSS , 459-4851 Bettye Kircher, Director Butte County Planning 7 County Center Drive Orovill-e, CA. 95965 RE: Amendment to Airport Environs Plain for Chico'Municipal-Airport Dear Bettye: ` Attached for your use i.s.a draft. of'.a motion amending the Airport Environs Plan for- the Chico'Municipal Airport as per the discussion of the Planni.ng Commission, acting in its role.as the Airport Land Use Commission. Based on.my understanding of the discussion at the Commission meeting, the attached motion accomplishes the intent of the Commission. -I hope this is of .some assistance. • I Sincerel Thomas J Lando Planning Director TJL:pb CP 11111 A -BC -3 cc: • CM Info DPW Attachment MOTION To amend the Airport Environs Plan for the Chico Municipal Airport adopted April 4, 1979 by the Butte County Planning Commission, acting in its capacity as the Airport Land Use Commission to delete the reference to limiting residential densities in all Compatible Land Use Zones (CLUZ) except CLUZ Area I and to add a general prohibition against places of public assembly such as schools and auditoriums in all Compatible Land Use Zones. -In addition to amend the Airport Environs Plan to prohibit all new-residential subdivision and development in the area directly. to the north and to the south of the main runway for a distance of 10,000 feet in length and -76 \-�. .}� •� � X5:61.<' - ,��,I -. '. .' -�,�, - Resolution No: 70-225 r . RESOLUTION'DESIGNATING THE BUTTE COUNTY' PLANNING E AS THE BUTTE COUNTY -AIRPORT COMMISSION.TO SERV LAND USE COMMISSION WHEREAS, Public Utilities -Code section 21670 et seq calls ` a , for -the creation of an airport land use commission;. t WHEREAS, Public Utilities Code section 21670.1 allows the Board of Supervisors of the County and the mayors of the.cities of the county each to make,a designation of an appropriately.. - designated body to 'serve as an airport land use commission;' ' NOW THEREFORE,. BE IT RESOLVED by this Board that the .. Planning Commission of the County of Butte shall assume the planning responsibilities of an airport land use commission as•._�.Drovided for in'Publ`ic Utilities Code section 21670 et .sego 1 PASSED AND. ADOPTED by the Board of Supervisors" of the County of Butte this 24th day of November ,.1970,.by. F the following vote: AYES: Supervisors Howsden,."Maxon, McKillop, Reynolds, ' and Chairman Dunaway NOES: 1`Torie F_ ABSENT: None r NOT VOTING:. :. , a i rma n o the Butte County Board of Sup rvisors ATTEST: " J CLARK A. NELSON, County Cleric and ex -officio Clerk of 'the. - Board of Supervisors 3 By ee� 4 CITY OF CHICO INTER -OFFICE MEMORANDUM TO: ALL INTERESTED PARTIES DATE: 11-28-83 FROM: CHICO MUNICIPAL AIRPORT COMMISSIONLE REFERENCE: D-90-4.lk/chrono SUBJECT: CHICO MUNICIPAL AIRPORT TRAFFIC PATTERN -- EFFECTIVE OCTOBER 25, 1983 MESSAGE In accordance with action taken by the Chico Municipal Airport Commission at its regular meeting_ of October 25, 1983, the attached traffic pattern became effective October 25, 1983'at the Chico Muni- cipal Airport: _..,,. Please brim this matter to the attention of all interested parties. _. If you -desire additional copies of the attachment, please call my Secretary, Margaret Ballinger, at 895-4803. Fred Davis fd/mb enclosure DCM/PO/CDC Info Distr See attached list BaffeCo.PlennIng .. OEC 6 1983 Oroville, Calitornia . r 11.5 5.82 20M - Ret BY DATE ADOPTED BY AIRPORT COMMISSION AT ADJOURNED REGULAR MEETING -29 OeT• 1988 m C7 1. i TRAFFIC PATTERN NO. I- JET 8t HEAVY AIRCRAFT (RUNWAY 13L -31R) 1750 M.S.L.- 1500 A.G.L. m < > r .0 -n C TRAFFIC PATTERN NO. 2- LIGHT AIRCRAFT (RUNWAY 13L -31R) 1250 M.S.L.- 1000 A.G.L. ro o n -u -0 TRAFFIC' PATTERN NO. 3- LIGHT AIRCRAFT ( RUNWAY 1_3R- 31L) > V.F.RyUSE ONLY- 1050 M.S.L.-800 A.G.L. OD Lw m > 3000 BUILDING LINE O o w z r• . p _ c—o x _ w o c� { c»J cmi CL �1 Z NOISE AEATEMENT AREA mp 0 O fn O_ ° p=I per AFTER TArEOFF 6722- - nm -�mmz CLIMB RU.' JAY ticADIN4 1 Op mp rn TO 2000 FEET RUNWAY m m � om m = ~ BMJ ° B �� °D° ° ° s d 65� ) EIT 40 n! r® Y �� Com\~ AC. Opti AC • ni _ q� ,' �` °gFOI A.C. zormn i9 o BUILDING c� fie. o -u. w -a �>-il �z- �+- +�- as �(� � d � �• �o% 4' LINE FIXED BASE OPERATOR NOISE AEATEMIEHT AREA r HANGARS II TERMINAL AFTER TAKEOFF �` RU I " I BLDG. r-- a TURX LEFT TO GOP y/�+O 2 F tiCLITAB TO 3000 FEET 0 �Q �'y� �rti CONTROL TOWERQ• HANGAR-- ' RFs o� TRAFFIC PATTERN NO. 4- JET & HEAVY AIRCRAFT RUNWAY 13�--31R) Ur- 1750 M.S.L.- 1500 A.G.L.-(REQUIRES CLEARANCE ti FROM CONTROL TOWER OR SPECIAL CLEARANCE � y ¢tion FROM CITY OF CHICO)�c v n bi', e, NOTES o INDUSTRIAL AREA r 1� A 1.) M.S.L= MEAN SEA LEVEL p 3 xyo 2.) A.G:L.= ABOVE GROUND LEVEL CO %> m w o i'�, \ v ° �> 3.) FIELD ELEVATION 238 M.S.L. �4`SS A T z CHICO MUNICIPAL AIRPORT CHICO, BUTTE COUNTY, CALIFORNIA MANAGER - FRED DAVIS P.O.BOX 3420 196 (916) 895-4980 or E. 5TH STRErT CHICO, CA.. 95926 (916 ) 895-480.2 F.5.5.: Red.Bluff - 800 822-9636 Chico Tower Frequency: 12110 Air Traffic Control Tower Ground Control Frequency: 121.9 Telephone: 916-345-7332 Aeronautical Chart - Sari Francisco WHEN AIR TRAFFIC CONTROL TOWER IS IN OPERATION_ Airport.I.D.. Latitude Longitude Elevation t C.I.C. 390 47' 45" N 121 51 23 W 238 S Gross Weight & Strength_ Surface S Ingle Dual Dual Eff: 7 Wind Marking Type Runwa Li hts Runway Length Width Composition Wheel Wheel Tanel. Gredient Coverage Condition Type Intensity 13L/31R 6722 150 Asph. 63 100 170.. 0.48: 99.7 Pr -Good L-862 High 13R/31L 3000. 60 Asph. 25 - - 0.40 99.7 Basic -Good None None Approach Surface Data Runway End Elevation Approach Slope Indicator Obstruction Dist.from Thresh. Apc '. RaC o 13L 238 S V2 -L + ILS None - 50-1. 31R 205 S V4 -L 'None - 50-1 13R 224 S None None - 40-1 '31L 212 S None None - 40-1 Taxiway Lights - Wind Indicators - Segmented Circle Repairs - major and Minor - Airframe & Powerplant Scheduled Airlines: WestAir Commuter Airlines Types of fixed Base Operators - Chtr/Instrn/Survey/Sales/Agri. Air Chico Pacific Express Fuel Available for Public Sale: - Type F-12 Fire Equipment: 1 Crash Rescue F-18 500 Gal.Water - 55 Gal.Foam Jet A - 40° C Freezing Point 500 Lbs.ABC Dry Chemical Engine Oil - Piston Revised 10-25-83 December 13, 1.983 Karl Ory, Mayor City of Chico P.O. Box 3420 Chico, CA 95927 Dear Mayor -Ory: Recently th.e Butte County Planning'Commission presented a report to the'Board of Supervisors recommending that representatives of the City of Chico and City of Oroville be included as members to the Butte County Planning Commission when acti,ng.as the Airport Land Use Commission. We would sincerely appreciate notification of your appointee so that such can be forwarded to the Board of Supervisors and to the Planning Commission. V ry tr ly yours, Martin J. Ni hs Chief Adroini�trati.ve Officer MJN/MP//er cc:.✓Bettye Ki:rch.er, Director of -Planning. eU�OGo C 1� 193 p� al" O'r0AA9% CME&DMINISTRATIVE W—F.11-C-E COUNTY OF BUTTE - 011T1E•° ° 25 COUNTY CENTER. DR: / OROVILLE, CALIFORNIA 95965-3380 / (916) 534-4631 o ° p ° C�UM� MEMBERS OF THE BOARD AL SARACENI - JANE DOLAN MARTIN J. NICHOLS CHIEF ADMINISTRATIVE OFFICER HILDA WHEELER BERTHA MOSELEY LEN FULTON December 13, 1.983 Karl Ory, Mayor City of Chico P.O. Box 3420 Chico, CA 95927 Dear Mayor -Ory: Recently th.e Butte County Planning'Commission presented a report to the'Board of Supervisors recommending that representatives of the City of Chico and City of Oroville be included as members to the Butte County Planning Commission when acti,ng.as the Airport Land Use Commission. We would sincerely appreciate notification of your appointee so that such can be forwarded to the Board of Supervisors and to the Planning Commission. V ry tr ly yours, Martin J. Ni hs Chief Adroini�trati.ve Officer MJN/MP//er cc:.✓Bettye Ki:rch.er, Director of -Planning. eU�OGo C 1� 193 p� al" O'r0AA9% CHIEOADMINISTRATIVE OF'F'ICE COUNTY OF BUTTE - ®uTpl�° 25 COUNTY CENTER DR. / OROVILLE, CALIFORNIA 95965-3380 / (916) 534-4631 o o o 00 ° o MEMBERS OF THE BOARD �DUptr AL SARACENI ' JANE DOLAN MARTIN J. NICHOLS CHIEF ADMINISTRATIVE OFFICER HILDA WHEELER BERTHA MOSELEY LEN FULTON December 13, 1983 Jana Wilson, Mayor City of Oroville 1735 Montgomery St. Orovi.11e, CA 95965 Dear Mayor Wilson: Recently the Butte County Planning Commission presented a report to the Board of Supervisors recommending that representatives of the City of Chico and City of Orovi1le be included as members to the Butte County Planning Commission when actinglis ,the Airport Land .Use Commission. We would sincerely appreciate notification'of your appointee so that such can be forwarded to the Board of Supervisor's and to the Planning Commission. t e y t u your •� i Martin J. ols Chief Admin arative Officer MJN/MP/er cc; zBettye Ki rch.er, Director. of Pl anni ng S'ffigclo• O�C Ga\`�or�ta 004 -- MUNICIPAL BUILDING . P.O. Box 3420 CITYoFCHICO Chico, CA 95927 INC. 187Z (916)895-4800 ATSS 459-4800 PS-D-154.1/G-GA-1-5/chrono Butte County Planning Commission 7 County Center Drive Oroville, California 95965 Dear Commission Members: November 29, 1983 4. I am writing.on behalf of the City of Chico Municipal Air- port Commission to express its appreciation for the Commis- sion's recent actions in regard to both the Airport Environs Plan and the proposed expansion of the Airport Land Use Com- mission to include a voting representative from the Cities of Chico and Oroville (which operate and maintain public - Airports). The Airport Commission appreciates your careful study and cooperation in working to clarify the Airport Environs Plan to best serve the Chico community. The Chico Municipal'Air- port Commission is quite concerned adequate steps be taken to safeguard the Airport and Airport operations and to pre- vent land use conflicts to arise. In this light, the Commission would also like to express its appreciation for your recommendation to the Board of Super- visors that the Cities of Chico and Oroville be represented on the Airport Land Use Commission. The Chico Municipal Airport working with you on.Airport that the Board shares your recommendation. jk/mb r cc: City Council Board of Supervisors Airport Commission 'Planning Director DCM/PO/CDC Info Commission matters in concern and looks forward to the future and hopes will accept your Sincer ly, J rr ' Kenk , Chairman is ipal Airport Commission Duffe Co. Planning COrrttrM 1983 OfO Alibi `,uuiy�i;ia Inter-Depart..ne=nta'I Memorandum •CO UN�y• TO: Board of Supervisors FROM: Planning SUBJECT: Representatives to the ALUC from Oroville and"Chico DATE: December 2, 1983 It was a unanimous decision of the Planning Commission, as voted on and approved at their meeting of December 1, 1983, to have the representative from Orovill`e and the repre.sentative from Chico, should they join the'Airport Land Use Commission, be.; voting members of said Commission. BK:lr .1d 1 rJ INTER -OFFICE MEPAORANDUMI TO: ALL INTERESTED PARTIES • DATE: 11-28-83 FROM: CHICO MUNICIPAL AIRPORT COMMISSIONLE REFERENCE: D-90,-4, lk/chrono SUBJECT: CHICO MUNICIPAL AIRPORT TRAFFIC PATTERN EFFECTIVE OCTOBER 25, 1983 MESSAGE In accordance with action taken by the Chico Municipal Airport Commission at.its regular meeting of October 25, 1983,. the attached traffic pattern became effective October 25, 1983 at the Chico Muni- cipal Airport, __..... _ Please bring this matter to the attention of'a'll interested parties: r If you desire additional.copies of the attachment, please call my Secretary, Margaret Ballinger, at 895-4803. Fred Da -vis fd/mb enclosure DCM/PO/CDC Info Distr : See attached list Butf®Co- Planning Con% 1`1 0 `i . L'0 1983 Orovdle, �.vu�'u,rs:a ; -5 5-82 20M GATE 1 m 0 m � m m n O < > -a n S, -� C C p C7 co im D X O NOISE ABATEMENT AREA AFTER TAKEOFF 'CLIMB RUNWAY HEADING TO 2000 FEET 711��46�41 � BY AIRPORT COMMISSION AT ADJOURNED REGULAR MEETING 29 OCT. 1988 ' TRAFFIC PATTERN NO. I- JET a HEAVY AIRCRAFT (RUNWAY 13L -31R) 1750 M.S.L.- 1500 A.G.L. TRAFFIC PATTERN NO. 2- LIGHT AIRCRAFT (RUNWAY 13L -31R) 1250 M.S.L.- 1000 A.G.L. TRAFFIC PATTERN NO. 3 -LIGHT AIRCRAFT �(RUNWAY 13R -31L) VIER. USE ONLY- 1050 M.S.L.-800 A.G.L. 30001 BUILDING LINE CL_ .. w O zr x rnm rn o t- Op_ o= 6722- - oo momz PI 1RI WAYS m. m IT U,j u D G' n- gpAC. 7 z - - �—a- m BUILDING -OA 94' , LINE Q FIXED BASE OPERATOR k01SC. ABATEMENT AREA HANGARS II TERMINAL AFTER TAKEOFF 9Ci�, BLDG. TURN LEFT TO aO° ,- CLIMB TO 3000 FEET NOTES: I.) N.S.L.= MEAN SEA LEVEL 2.) A.G.L.= ABOVE GROUND LEVEL 3.) FIELD ELEVATION 233 M.S.L. �:. m6 CONTROL TOWER `a HANGAR TRAFFIC PATTERN NO. 4- JET a HEAVY AIRCRAFT RUNWAY I3L-3[R) 1750 M.S.L.- 1500 A.G.L. IRES CLEARANCE��- FROM CONTROL TOWER OR SPECIAL CLEARANCE �'yo FROM CITY OF CHICO) > 09 x x 0 _ )m INDUSTRIAL AREA r 0 v r C) ' x aL" ., r�- IVO!/% „ r. Egg F.S.S.: Feed. Bluff - '800 822-9636 Aeronautical Chart - San Francisco CHICO MUNICIPAL AIRPORT CHICO, BUTTE COUNTY, CALIFORNIA MANAGER - FRED DAVIS P.O.BOX 3420 196 E. 5TH STREET CHICO, CA,. 95926 (916) 895-4980 or (916) 895-4802 Chico Tower Frequency: 121.0 Air Traffic Control Tower Ground Control Frequency: 121.9' Telephone: 916-345-7332 WHEN AIR TRAFFIC CONTROL TOWER IS IIS OPE TION L i d E1 atio 6 • Airport. I.D.. Latitude Ong to a ev n C.I.C. 390 47' 45" N 121 51 23 W 238 S Gross Weight & Strength Surface S Ingle Dual Dual Ef£. 7 Wind Marking Type Runway Li hts Runway Length Width Composition, Wheel Wheel Tand. Gradient Coverage' Condition Type Intens ty 13L/31R 6722 150 Asph. 63 100 170,; 0.48. 99.7 PI -Good L-862 High 13R/31L 3000. 60 Asph. 25 - - 0.40 99.7 Basic -Good None None Runway End Elevation Approach Slope Indicator Approach Surface Data struction Dist.from T res . Apc . Rat o 13L 238 S V2 -L + ILS None - 50-1 31R 205 S V4 -L None - 50-1 13R 224 S None None - 40-1 31L 212 S None None - 40-1 Taxiway Lights - Wind Indicators - Segmented Circle Types of fixed Base Operators - Chtr/Instrn/Survey/Sales/Agri. Fuel Available for Public Sale: - Type F-12 F-18 Jet A - 40° C Freezing Point Engine Oil Piston Revised 10-25-83 Repairs - Major and Minor - Airframe & PowerPlant Scheduled Airlines: WestAir Commuter Airlines Air Chico Pacific Express Fire Equipment: 1 Crash Rescue 500 Gal.Water - 55 Gal.Foam 500.Lbs.ABC Dry Chemical • 4+. Tom. Lando City of Chico P.O. Box 3420 Chico, Ca. 95927 LAND OF NATURAL W F A L T H AND BI_AUT`; PLANNING COMMISSION 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965' PHONE: 534-4601 November 15, 19`83 Re: Chico Municipal Airport Compliance with -AB 2920 Dear Mr. Lando: The Airport Land Use Commission at their regular meeting held on November 10, 1983 continued consideration of its findings. relating to the Chico Municipal Airport. A motion will be -reviewed for adoption on December 1, 1983 regarding findings about the compatibility of the Ci.ty of Chico and County of Butte. P1a.ns with the Chico Airport Environs Plan. We.will'send further notification of the meeting to you. The item will not be timed on the agenda and so may be placed later on in the proceedings.' Should you have any questions regarding this matter, please con- tact this office. Sincerely, B. A. KIRCI-IER DIRECTOR OF PLANNING /St 'phenfiSr/eter Senior Planner SAS: 1-r CITYoFCHICO 1,14C. 187Z P'�ANNING OFFICE Fifth and Main Streets P.O. Box 3420 September 30, 1983 Chico, CA 95927 ` (916) 895-4851 ATSS 459-4851 Butte County Planning Commission 7 County Center Drive Oroville, California 95926 RE: Amendment to Airport Environs Plan Dear Commission Members: On August 2; 1983, I forwarded to County staff a copy of Minute Order #5-83 (attached as Exhibit -A), Which.requested the -Butte County.Pl.anning Commission, acting as j the Airport Land Use Commission, amend the Airport Environs Plan to delete specific density I. and zoning restrictions specified in the compatible land use zones. The suggested I amendment would replace these restrictions with a general prohibition on the development of places of public assembly such as hospitals, churches and schools. It is my understanding that this matter was.discussed by the Airport Land Use.Commission at your August 18, 1983 E. meeting and that the Commission indicated that they felt further study of this issue was necessary. The City fully supports the caution exercisedin examining any amendment to the Airport o Environs Plan.and hopes that the Commission will continue to carefully monitor its ' implementation. In light of the Commission's request for further study, I`have attempted to k outline the basis for -the Airport Commission's request fora modification to the Environs Plan. BACKGROUND 1 First, by way of background`, as the Commission is aware; the Chico Airport Environs Plan was prepared jointly by the City and County to act as a guideline for the development of the area surrounding the Chico Municipal Airport. The Plan was prepared in August of 1978 and subsequently adopted by the Butte County Planning Commission, acting as the Airport Land Use Commission as their guide in reviewing future development.: The Airport Environs Plan establishes a series of compatible land use zones (attached as Exhibit B),. which were 3, developed in relationship to the approach and clear zone plan and projected future Community Noise Equivalent Levels (CNEL), based on projected usage of the airport. Also, as the Commission is aware, Assembly Bill 2920 enacted into law last year, requires consistency between the airport plan, adopted by the Butte County Airport Land Use Commission, and both the.City and County's General Plans. In reviewing the City's General Plan in relationship to the Airport Environs Plan, it was discovered that there are minor inconsistencies between the two: These inconsistencies. relate to the specific density references contained in the compatible land use zones as containe.dl in the Airport Environs Plan. These zones were developed and molded around the land use plan and zoning that were in effect for the area at the time the Environs Plan was developed. +. Since the adoption of AB 2920, both City and County staff, as well as the Chico Municipal Airport Commission, have given a great deal of consideration to the specific r, the plan has been carefully reviewed in provisions of the Airport Environs Plan. Furthe? relationship to the Airport Land Use Planning handbook, which was published by the California Department of Transportation, Division of Aeronautics, specifically for implementation of. s TO: Butte County Planning Commission RE: Amendment to Airport Environs Plan Page 2 this piece of legislation. In' addition, the Federal .Avi.ati.on Admi.ni.stration has been. contacted and requested to carefully review the Gen.eral.Plan of.the City for any potential land use problems. Each source has concurred with the suggested amendment.. Once again, it should be stressed that the proposed amendment to the -Airport Environs Plan is not in any way, intended to weakeh'that.plan, but rather after -reviewing plans adopted by other jurisdictions and conferring.wi.th the FAA and Civil Aeron.auti.cs.Di.vi.sion. of California Department of Transportation, the restrictions in the Airport Environs Plan, in this specific.case, are not necessary: FAA RFVTFW Mr. John Pfieffer of the -Federal Aviation Administration. was asked to carefully review the City's General Plan, including all amendments, and -proposed amendments,. to determine whether or not FAA had any.concerns or any recommendations regarding the plan, 'FAA responded through the attached letter (Exhibit C), finding that the Ci.ty's General Plan conformed in all ways to good and proper planning•in.relati.onshi.p to the.Chico Municipal Airport. Further, the FAA, during the'CMA Planning Conference, stre�sed..that the General Plan, as adopted with. the Land Use controls currently used, in many ways.could act as a model -for other communities and was quite far-sighted, AIRPORT LAND USE PLANNING HANDBOOK/LAND USE The California Department of Transportation Division of Aeronautics, in conjunction with several other groups, has prepared an Airport Land Use Planning Handbook, which was published in July of 1983 and specifically catered to the implementation of AB 2920. In reviewing the Handbook, five different safety zones are suggested: (see Exhibit D for further illustration) Inner Safety Zone/Clear Zone. For the Chico Municipal Airport, this is the first 2,500' at the end of the runway. It is recommended no structures or, people be allowed on a permanent basis'in this area. The City owns the area contained in the Inner Safety Zone/Clear Zone. Outer 'Safety Zone. -The Outer Safety Zone is comprised of the 2,500' at the end of the Inner Safety Zone or 5,000' from the end of the runway. Residential uses should be discouraged in the Outer Safety Zone with limited commercial and industrial acceptable. Once again, the City owns the area contained in the Outer Safety Zone.' Emergency Touchdown Area. An area extended from the end of the runway 5,0001: As was previously stated, the City owns this area and no development will occur here. TO: Butte County Planning Commission RE: Amendment to Airport Environs Plan Page 3 Traffic Pattern/Over-Flight Zone. The Over -Flight Zone is a much larger area comprised of the FAA Part 77 horizontal'surface and generally consists of 4 to 20 square miles. The Over -Flight Zone is the zone under discussion in the proposed amendment and will be reviewed in greater detail below. Extended Runway Centerline. The extended runway centerline is the area between 5-10,000' at the end of the runway. It is included -in the Over - Flight Zone above when discussing land use limitations in the Airport Land Use Planning Handbook. .In reviewing the guidelines se -t forth in the Handbook, the focus in limiting land uses "is clearly on the first -three zones. •In discussing the Traffic Pattern/Over-Flight Zone, the Handbook says: "Land use compatibility within the Over,-Fl,gh,t_ Zone for general aviation airports is not as easily defined. These larger areas, encompassing about 4 to 20 square miles, are often heavily urbanized and the hazard to any site within these areas is quite low...." The -Handbook then goes'on to suggest: "That large assemblages of people not be located beneath the airport traffic pattern because of th-e potential- for injury if there were a crash. Specific types of land uses that have been suggested for relocation outside the airport traffic pattern are: Schools and hospitals Spectator sports arenas Auditoriums Outdoor amphitheaters". This basic statement is restated in several other places throughout the Handbook. "Traffic Pattern/Over-Flight Zone. 'For safety purposes, it would be desirable to exclude all larger assemblages of people from underneath the traffic pattern,....." The Airport Land Use Planning Handbook actually indicates that both residential and commercial/industrial uses are acceptable ina portion of the area owned by the City. This is -not being suggested. The attached chart (Exhibit E) taken from the Handbook, once again supports the recommended change in the Airport Environs Plan. TO: Butte County Planning Commission RE: Amendment to Airport Environs Plan Page 4 NOISE AND SAFETY It should be emphasized that the amendment suggested in the Airport Environs Plan will not effect the safety or noise standards of the community. Noise. The Airport Land Use Handbook suggests that residential uses be prohibited within CNEL 65. Further, after 1986, specific provisions relating to construction within CNEL 65 apply, including the prohibition of residential construction. In this regard,.i.t should be':. pointed out again that the entire area within CNEL 65, as it relates to the Chico Municipal Airport, is under City ownership a.nd will never -b==::subject -to devel-opment, - - Noise complaints which arise outside CNEL 65 tend to be related to single aircraft fly- overs -and not airport operations.i.n general. As discussed„in,the Airport Environs Plan, special "avigation easements” are routinely required of all development within CNEL 55 (see attached Exhibit F). These easement include a clear statement of public record that the properties may be subject to noise,.dust and vibration and that there are specific height restrictions so as not to impede airport operations. Further, California Administrative Code Title 25 requires special acoustical analysis and construction standards to minimize interior sound within the vicinity of the airport. Sam' -------- _ Once again, to stress the safety concerns, both the Environs Plan and the Land Use Planning Handbook point out that the presence of accidents in the area being discussed is negligible and, in fact, reviewing FAA statistics, there is actually no significant difference in the Over -Flight Zone (1-2 miles from -runway) than further away. The attached (Exhibit G)two charts.indicate -the location of accidents, both for the U.S. as a whole and for the Chico Municipal Airport. BRIEF HISTORY OF DEVELOPMENT SOUTH OF AIRPORT It should be noted that as far back as 1960 when development in the airport environs was being discussed, it was indicated that residential development should be permitted at least up to Sycamore Creek. As the Commission is aware, the City and County have worked closely together to promote the specific development which would be affected should the Airport Envi.rons Plan not be modified. The specific development is Foothill Park. Foothill Park is comprised of 800 acres adjacent to Cohasset Road and is shown on the attached map (Exhibit'H). This development along with Rancho Arroyo, became the corner stone of the Northeast Chico Sewer Assessment District. It was through the Northeast Chico Sewer Assessment District that the City and County were ab.le to accomplish major planning goals.of-opening the east side to development and providing sewer capacity for the entire Sphere of Influence area. As such, there is a TO: Butte County Planning Commission RE: Amendment to Airport Environs Plan .Page 5 major outstanding commitment of millions ofdollars invested by the property owners, which is contingent upon the appropriate development of their property. The Foothill development was reviewed carefully by the City in relationship to the airport. In addition, through the Environmental Impact Report, which was reviewed both by City and County, it was - determined that there would not be a- significant impact due -to future projected operations of the airport and that the use was compatible with the intent and spirit of the Airport Environs Plan. THE RECOMMENDED CHANGE In carefully reviewing the Airport Environs Plan`, it is staff's opinion that the Plan addressed- ex -i -sting --land use and< zoning at. the Aime of development .and .was general ly - patterned toward that. The emphasis, however, of the Plan in the compatible land use zones., appears to be prohibition of large groups -of people and public protection through public notice. The. City shares with the Butte County Airport Land Use.Commission,.extreme.concern.for the proper development of the airport areas. It is our belief, based upon the.above data and the review of experts in the field, that the amendment proposed is both reasonable and necessary for the proper development of the Chico urban area. Further, through this review, it is clear the amendment will not effect the safety of the community. Specifically, once again, the request'is to amend the Airport environs Plan to delete specific density or zoning restricti-ons specified in the compatible land use zones and. replace these with a general prohibition on the development of places of public assembly such as hospitals, churches and schools. I appreciate your consideration in this matter. Sincere , 1 % Thomas J. ando Planning Director TJL:pb CP 10844 A -BC -3 cc: Bettye Kircher Charlie Woods City Council. Airport Land Use Commission CM .Info DPW City Attorney Drake Homes Attachments List of Attached Exhibits.. Exhibit A Airport Commission Minute Order #5--83 ...Exhibit 6 Airport.Environs Plan - Land Use Compatibility Map. Exhibit C Letter from Manager, Airports District Office, F.A.A. Exhibit D Illustrations and Example of Airport Safety Zones a, Exhibit E Land Use Guidelines from Airport Land Use Planning Handbook Exhibit F Sample Avigation Easement Exhibit G Accident Statistics for Chico Municipal Airport and Nation Exhibit H Northeast Specific Plan (Foothill Park) .1r:ii1!-.��i'3:1�:ti.14A'KT^"�••:.�.JyL�WiJ•Y.11.sp�Ii.w:Y.•rd �s'r..LMs.�W..f/fL0MrCM4r...— � �.iL MKir - �y��`� --- QTY o'= CHIS __"AIRPORTCOMM Ii�� 7 ORDS SUBJECT: Revision to Airport Environs Plan T. i�UTE ORDER NO .: 5.- 83 g Minor htodification to Compatible Land Use FILE: ]0537/A -C -OD -2.1 Zones - A -C -ST -10 EXPLANATION- PROVIDED BY Tom Lando .i 1. The Airport Environs Plan was prepared for the City and County in August of 1978 to act as a guideline for the development of the area surrounding the airport. The Butte County Planning Commission, acting as the Airport Land Use Commission, adopted this Plan to serve as their guide in reviewing future development. j 2. The Airport Environs Plan establishes a series of Compatible Land Use zones under and adjacent to the flight corridor which are significantly more restrictive than the require- ! ments of existing law or FAA or State guidelines. 3. Recently adopted law (AB 2920) requires consistency between the Airport Plan adopted by f the Butte County Airport Land Use Commission and the City's General Plan. 4. There are currently minor inconsistencies between the Airport Environs Plan and the General Plan,Staff is recommending these'be eliminated through an amendment to the Airport Environs; Plan which- would delete specific. density. r.e.stricti ons , i n each of.the Compatible Land Use zones and replace those restrictions with a general restriction prohibiting the development: of places of public assembly such as hospitals, churches and schools. 5. This in no way, affects the sa.f,e,ty, of either the resi dents or. the pilots and it shout d be. kept in mind, that the City actually has an ownership the .first mile at both the ; north'and soM ells of the runwa� In addition 'aviq tion.easemeots are r �u1S't�dPin z connection wit a deve op en a jacent to he �irpofl as is compliance wi Administrative Code Title 25 which limits interior noise levels in new homes. RECO-MCMNDATION r r Recommend that the Butte County Planning Commission acting as the Airport Land Use ommission amend the Airport Environs Plan to delete specific den,-ity or'zoning restrictions f 'specified -in the Compatible Land -Use zones and replace. thes,e-with .a general prohibition - Ion the development of places of public assembly such as hospitals, churches and schools. COMIMISSION ACTION H—FETING OF JULY 26. 1983 ere y certify that the Airport Commission took the following action on this Minute Order at its (XX) Regular ( ) Adjourned Regular ( ) Special Meeting., held 7-26-83 j (x Approved ( ) Disapproved ' ' ( ) Other (explain below) red Davis,,City Mangger ERTIFICATION I hereby certify that the above is a true and correct copy of the original Minute Order on file in the Office of the City Manager I DISTRIBUTION ?reliminary: Final: Files - 2 Planning Director - 1 E X�9IT A. r. a) t 0 ('; E-P 'HBO i B H^ V Fj ti. ��.. +� F' ,, }�. �• •r I i. ` iA. iN71 1� .O~ .�lOh �• d1r, f�v� ass+. i. u� r� ,. BOO 3 ti. W erR .1 J `4}I / � �� !9 '� /�y `�i. ) br-l5"4,t �4.s�►p!� �y��' y '`i�',�1Z,'"'.g'a Ir 1�n Q • • I T 1, `r` `1. - ti*s + ��N N . N Y" •'Vi x Z • r •r h 1. .,,{� `- \I� r ,�. aS `, _ - ' '1 1'• � 6 � ��� t .. %�f 1.r } ilk. 47 � \ �• I _fhb �j/ ''+ .� � - /` �, 01, ltd r L -Al %rte y 147 .. i F � .f , J .�I -�� i � �„y i4 4L .,..f�• �v� 1� T� r. -ti r/ - 'lei`' 1 77" 'yyti r/ r r •vt } ,1 1 , R � ';I� f � , - r` �/'� fr--" J'�, Y .. `' '. ; G! . NIl •s r. U.S. Department of Tronsporiation.. San Francisco Airports District Office Federal Aviation r 831 Mitten Road Administration Burlingame, CA 940.10 Mr. Edwin R. Palmeri. Assistant Planner City of Chico P.O. Box 3420. Chico, CA 95927 Dear Mr. Palmeri.: Chico Airport Land Use'n^ �� Compatibility We have reviewed the Chico General Plan and Amendments submitted with. your letter of September 8, 1983.- The Plan as presented meets FAA land use compatibility guidelines.- Sincerely, MI L -J. MAV KIS Manager, Airports.. District Office. --- -P.ECEOV SEP 301983 PLANNING ;OFFICE CITY OF CHICO EXHIBITC 17.P�, Bic Edward Warren: First American Alotl 1 IC Ic Ic 1 F e C -'>. � �' . .. .. � in- , �' _iri. � :�: � Jr� 1 r :t � �- 1�. v' .`t�_,-. �^- 1 /� �� :I 11, •, •r ' A� - � ' 1• ,.. •/, -r' l.r�`` '� r , 1 i - nr 1t�S•, , .r S :� - ,r '. '1'{ •'�+ ! - •E- _ , • - I `'� ( O.� r . ,n Nn�i - r. Ny •' ,1 1 r S J' ( r _ ,d',� -N J .1"f '1 ,i ..j^ _ - 4 y�i' • /1 / r� •rJ /' ` J e ' •./ _ )- i - rr - ♦ \ r i - P - I' '•i, A t �\ �.•_:!'.^ TlinNst+�ssioh iwER l , t kl J, . N:s.` -9P01P •POLE PANSM a . •. r 'i �c. ^i rJ ''� !�-,r POLES' c._ �' yr, "^. 7 trtA"IsrTroN �i SUqFACE, / • _ / ' %� HORIZONTAL SURFACE, 1 ! .' :I TnAN`�T10N� ' t f i i i. / r `.:*, "i" Irv. '` M 7 `1 EL. -388 7• i - _ ''d.: rr'%'/'�.SL r'/P `i';v. /• 'a. .J.. Is. �'^ /. Y _ fir' r 1... :� r' ;' Y /�/ 1 °j�♦ '� '/ / J/ a.. s�'` ._ 4'Q '��' ' "` ff f3\' �• '. �, a. '_ '1 1 0 �/ r I A�4 t •� * �r .r :- r •.. \a �'' Y _.j `�W ta'-. 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T1S171p1gESURFACE ' _ :` / IJ ca� moi' ° Sr•:! _�,,1�L, 7-. j ��`-C✓.. - v \\i �I.a J s/r_,1,��s r Cr { �; Y �' .K �/ }, 20:LCONICA FA_ � J' yr/ ._ 1 -• a�' � -1_ - �I- - ,/ter � � �.. \` ``*' � e d ' _ /• l�.• C.l �f'i /.\ "� •„` r .,\ i \� r .a j ;, .'o r"1 i ! �,i' .MY" 1 ..i c�a .� a L / _!j rl \�., /i1 6` - lJ_/^�- _-` - .1 Qw 'r r; n(`J .♦ / �tA '�_.-.�,_ r-� f,� - \.ry '/,. • r? a ( F� `^ f\. -.-n:.` �'/�1 _ /� _ � 1 r f`�' Y. _ � l . ! ..� 1 � • '�r .�. �{�; / 1 , 'moi' �• �' �. [It t_• i+ x _r . ,. � �, `l. s " r. ` ;.. � ... �Y`-�hi -:`= � i" . 7.' , A ��i �•:/��•' :� �. ����. ..'. .^` 1 - { - ,.. � >?,.,'!6i-� PLAN TERRAIN SCALE: 1• • 3,000' OBSTRUCTION 450 50:1 APFRl) SLOPE e0, W Pj 150 Revision Approved: Ely Date now Pm R. DIXON $PEAS ASSOCIATES. INC. 0 n J gg� W RUNWAY 13L -31R = ---- -m� -• mmmm- Imak-Mmim • 0 Designed Drown TMS JRH Checked Dole TMS FE6.21,197E RUNWAY 13R -31L PROFILES SCALE: HORIZ. 1°•2,000' VERT, 1• • IOd 16• NOTE: GROUND PROFILES ARE A COMPOSITE soon o S000 6000 OF THE HIGHEST ELEVATIONS ACROSS SCALE IN FEET THE WIDTH OF THE APPROACH, SOURCE: U.S.G.S. QUAD. MAPS PHOTOREVISED 1969. SCALE - 1: 24,000 AIRPORT 'ENVIRONS PLAN CHICO MUNICIPAL AIRPORT i DRAWING NO. APPROACH AND CLEAR ZONE PLAN CIC -5 yup kl `,L. Purl 77 nnnrnnrh nrea I . b 1,000 1,750 I . Precision instrument 1,000 1,750 2,500 2. Nonprecision instrument for larger than utility with visibility minimums as low as'/, mi 1,000 1,510 1,700 3. Nonprecision instrument for larger than utility with visibility minimums greater than 3/."mi 1,000 1,425 1,700 4. Visual approach for larger than utility 1,000 1,100 1,000 5. Nonprecision approach for utility. 500 800 1,000 6. Visual approach utility 250 450 1,000 SOURCE: Federal Aviation Administration. Figure IV-- 2 RUNWAY CLEAR ZONES W Table IV -10 . Clear Zone and Part 77 Approach Surface Dimensions (Dimensions in feet) Definitions Visual Runway - runway intended solely for operation of aircraft using visual approach procedures Utility Runway - runway constructed for and intended to be used by propeller -driven aircraft weighing 12,500 lbs or less Nonprecision Instrument Runway - a runway having instrument approach equipment that provides horizontal course guidance or. area type navigation to touchdown Precision Instrument Runway - a runway having an existing approach procedure utilizing an Instrument Landing System (ILS) that provides horizontal and vertical course guidance to touchdown Slope - horizontal run in feet: vertical rise in feet (e.g., 20:1) EXT, IAI� D Clear Zone Slope of Part 77 Approach Surface Inner Outer Part 77 Inner Outer jZpe of Approach Width Width Length Approach Surface Width Width Length Visual - A 250 450 .1,000 20:1 250 1,250 5,000 Visual - B 1,000 1,100 1,000 20:1 500 19500 5,000 Nonprecision A 500 800 1,000 20:1 500 2,000 5,000 Nonprecision Bl' 1,000 1,425 1,700 34:1 500- " 3,500 10,000- Nonprecision B2 1,000 1,510 1,700 34:1 1,000 41000 10,000 Precision 1,000 1,750 2,500 50:1/40:1 1,000 16,000 10,000 @ 50:1 40,000 @ 40:1 Legend: A - utility runways; B larger than utility 1 - visibility minimum greater than 3/4 mile; 2-visibihity minimum less then 3/4 mile _ Definitions Visual Runway - runway intended solely for operation of aircraft using visual approach procedures Utility Runway - runway constructed for and intended to be used by propeller -driven aircraft weighing 12,500 lbs or less Nonprecision Instrument Runway - a runway having instrument approach equipment that provides horizontal course guidance or. area type navigation to touchdown Precision Instrument Runway - a runway having an existing approach procedure utilizing an Instrument Landing System (ILS) that provides horizontal and vertical course guidance to touchdown Slope - horizontal run in feet: vertical rise in feet (e.g., 20:1) EXT, IAI� D Figure IV • 3 AIRPORT SAFETY ZONES USING FAA CLEAR ZONES AND IMAGINARY APPROACH SURFACES Sacramento Executive Airport T Reference 25 86 `� ��� PRECISION INSTRUMENT RUNWAY 200' 5000' RUNWAY 0 v r,�=pix CZ INNER CZ CZ I q 2500' 1 2500 INNER SAFETY ZONE OUTER SAFETY ZONE VISUAL APPROACH RUNWAY TWIN ENGINE AIRCRAFT — 3500' 200' O ERC o LEGEND: CZ = CLEAR ZONE ETZ = EMERGENCY TOUCHDOWN ZONE ERC = EXTENDED RUNWAY CENTERLINE OUTER INNER CZ \\ ZONE. CZ 2180' 1320' OUTER INNER SAFETY SAFETY ZONE. ZONE j_ Figure IV • 7 SUGGESTED AIRPORT SAFETY ZONES OFF RUNWAY ENDS 011 RUNWAY Table IV -13 . Examples Of Land Use €ui�'elines For Safety Zones (Source: Various ALUC Plans) SAFETY AREA DENSITY COVERAGE LAND USE ® Clear Zone No people No structures No residential o Inner Rectangular Safety Area No more than 10 persons per acre No petroleum or explosives "at any one time" No above grade power lines p - on a regular basis - "over long periods" - No more than 25 persons per acre at any time single building (AICUZ) o Part 77 Approach Surface No more than 10 people Maximum structural coverage must be o Outer Rectangular Safety Area on an annual average" less than: o APZ I per'acre'.' -1 20% No more than 50 persons over long No more than 25 persons "per acre" - 25% Generally same as above. - at any time" = 30% a be less than: - over long periods" -•50% (AICUZ) - "over 24 hours" - 30% No more than 50.persons per acre No more than 200-300 people in a - for 2 hours" - at any time" single building (AICUZ)* - 75% (AICUZ) Residential: no more than a Overflight Zone - 1 du per 5 acres 1 du per acre s Traffic Pattern 1 du per 3 acres Maximum structural coverage must - 2 s.f. du per acre - 2 du per 3 acres be less than - ..4 du per gross acre Loa density residential No multi -family No hotels or motels No restaurants or bars No schools, hospitals or government services No concert halls or auditoriums No industries involved in flammable materials or processes Commercial and industrial generally OK if density and lot coverage restric- tions applied e - 2 1/2 acre lots, minimum No more than 100-150 people in a single building (AICUZ) . ® Outer Part 77 Approach Surface No more than 50 persons over long Maximum structural coverage must . Generally same as above. a APZ II periods be less than: No more than 4 du per acre - 30% No more than 200-300 people in a - 50% single building (AICUZ)* - 75% (AICUZ) a Overflight Zone No more than 3 du per acre (under No schools, sports arenas, audi- s Traffic Pattern Traffic Pattern) Maximum structural coverage must toriums, or outdoor amphitheaters be less than No industries involved with flammable - 20% (Traffic.Pattern) materials or processes Legend du -dwelling unit(s). "most recent guidelines do not specify numbers of persons per building; however, intent is to avoid large concentrations.of persons in a single structure e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28 Recording Requested By: When Recorded.Mail to: GRANT OF AVIGATION EASEMENT Deed made this day. of by I ,(Hereinafter capacity referred to as Grantor) to the City of Chico,.a municipal corporation of the State of California,.(hereinafter referred to as Grantee). In consideration of good and valuable consideration,.the receipt and sufficiency of which is hereby acknowledged, grantors, for -themselves, their heirs, administrators, executors, successors, and assigns, do hereby grant and convey to grantee, its successors and assigns,'a perpetual easement and right-of=way for the unobstructed passage.of all.aircraft in the airspace_ above the property located in the City of Chico,'County of Butte. State of California described in Exhibit "A" and shown.in Exhibit."B", attached hereto and by this reference incorporated.herein .(hereinafter called "the property") from a height of feet above sea level to an infinite height above the property. Concomitant -and coextensive with said easement and right-of=way, grantee. shall have the continuing right to remove all.or any portion of any structure natural growth or other object on the property which extends into the air space over the property to a height of more than ' feet above mean sea level. Grantee shall have the further right to cause in all airspace above the surface of the property such noise, vibrations, fumes, dust, fuel particles and all other effects that may be caused by the operation of aircraft landing at or taking off from or operating at or on the Chico Municipal Airport; and grantor does hereby fully waive, remise, and release any right or cause of. EXHIBIT 1 .2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26' 27 28 (D o action which it may now have or which it may have in the future against grantee, its successors, and assigns, due to such noise, vibrations, fumes, dust, fuel particles, and all other effects that may be caused or may have been caused by the operation:ofaircraft landing at, or taking off from, or operating at or on the Chico Municipal Airport. Grantors, for themselves, their heirs, administrators, executors, successors, and assigns, do hereby agree not to cause or permit any structure, natural growth or other object on the property which extends into --the air space over the property more than' feet above mean sea level and not to use or permit the use of the property in such a manner as to create electrical interference with radio communications between aircraft and -the Chico Municipal Airport, to make it difficult for flyers to distinguish between airport lights and other lights, to impair visibility in the vicinity of the Chico Municipal Airport, or to.otherwise endanger aircraft landing at or taking off from the Chico Municipal Airport. This easement and right-of-way shall be appurtenant to the Chico Municipal Airport and shall be for the benefit of the Grantee and members of the general public operating aircraft.which land at or take off from the Chico Municipal Airport. In witness whereof, grantors have executed this deed on the date first written above. Da to APPROVED AS TO FORM: City Attorney -2- EMIT F Signature Title SAMPLE ONLY 0 AVIGATI.ON EASEMENT LOT 18 AND `ADJACEP:T LAND OF FOOTHILL PARK UNIT NO. 1 SUBDIVISION (Boundary Line Modification No. 35) All that certain real property situate in the. City .of Chico, County of Butte, State of California, described as follows: Lot 18 as shown on that certain map entitled "Foothill Park Unit No. 1" filed in the office of the County Recorder of the County ..of Butte, State of California in Book 80 of Maps at page. 23 and a portion of Lots 12, 19, 20, 21, 22, 28,-29, and 30 as the same are shown on that. certain. map entitled "Map of the ; Seventeenth Subdivision of the Bidwell Rancho" filed in -the' office of the County Recorder of the County.of.Butte, State of California in Book 7 of Maps at page 67 more particularly des- cribed as follows: ,.Commencing at the Southeast corner -of the aforementioned Foothill Park Unit No. 1 subdivision; THENCE North 20039'21" East along the Easterly boundary of Foothill Park Unit No. 1 also being 'the Easterly right -of -way -line of Ceres Avenue (formerly North Avenbe) a distance, of .23.70 feet to- -the True Point of Beginning; THENCE continuing along said Easterly boundary and right-of-way' line North 20°39'21" East a distance of 75.42 feet; THENCE continuing along said Easterly boundary and right-of-way line along a tangent curve to the left having a' radius of 630.'00 feet through a central angle -of 27136'28" an arc length of 303.56 feet; THENCE continuing along said'Easterly boundary and right-of-way line North 6°57'07" West a distance of 926.87 feet; THENCE continuing along said Easterly boundary and right-of-way line along a tangent curve to the right 'having a radius of 389.47 feet through a central angle of 13148'16" an arc -length of 93.84 feet to the Northeast corner of the aforementioned Foothill Park Unit No. 1; THENCE leaving said Easterly, boundary and right-of-way line North 83°08'51" West a distance of 60.00 feet to*the Northeast corner of said Lot 18; - _ Page 1 of 2 TITBy: M. Qvkv SAMPLE. ONLY Checked: EXHIBIT "A" Approved:a. c . T Rev. 3-18-83 In h\�1Gn1'i0 I:,SEi;i;IJT SA PLE ONLY �O THENCE along the Easterly boundary of Lot 18 also -being the Westerly right-of-way line of Ceres Avenue.(formerly Forth Avenue} along -a curve to the left having a tangent bearing of South 6551109" Vest, a radius of 449.47 feet through a central angle of 13°48'16" an arc length of 108.29 feet; THENCE continuing along said Easterly boundary and said Westerly right-of-way line South 6°57'07".East a distance'of 44.64 feet; THENCE leaving said Easterly line and said T4esterly right-of-way line along a curve to the right having a radius of 20.00 feet through a central angle of 90°00',00" an arc length of 31.42 feet, to a point on the.Southerly line of Lot 18 also being on the Northerly right-of-way line of Ridgewood Drive; THENCE. , alo.ng said Southerly line ._a-�d Northerly right-of-w.ay- line South 83°02'53" West a distance of 160.51 feet; THENCE continuing along said Southerly line and Northerly right- of -way line along a curve to the left having a radius of 630.00 feet through a central angle of.14°16153" an arc length of 157.03 feet to the Southwest corner of Lot 18; THENCE leaving said Southerly line and Northerly right-of-way line North 21°14100" hest along the Westerly line of -Lot 18 a distance of 305.00 feet to the 1�orthwest corner of Lot 18; THENCE North 40°38'26" West along the Northeasterly line of Lot 17 as shown'on the aforementioned map of Foothill Park Unit No. 1 a distance of 175.86 feet to a point on the City of Chico airport clear zone boundary; THENCE along said clear zone boundary North 57°21'34" East a dis- tance of 881.96 feet; THENCE leaving said clear zone boundary along a curve to the right having a tangent bearing of South 75°34'47" East a radius of 850.00 feet through a central angle of 68°37'40" an arc length of 1018.11 feet; THENCE South 6°57'07" East a distance of 1067.46 feet; THENCE along a tangent curve to the left having a radius of '1250.00 feet through a central angle -of 12°06'32" an arc length of 264.18 feet to a point on the South line of said Lot 30; THENCE leaving said curve, South 89005'52" West along the South line of said Lots 30 and 19 a distance of 905.86 feet to the True Point of -Beginning; Containing 40.02 acres, more or less. SAMPLE ONLY EXHIBIT "A" Page 2 of 2 By: ti. BYRD Checked: o.C_L. oved: I Tile ('astern lj(bht-of- 1 ine cor; eSohnds t^ ;.he.easterly way line •Df the proposed, Eaton. Road extension. �LOT LINE EXISTING \ TO BE ADDED LOT LINE \ TO BE ELIMINATED EXISTING LOT LINE 18 TO REMAIN , EW 0OD DR' ? 1 -10' �PU.E. BK. 2565 O.R. PG. 636 14 1� FOOTHILL PARK UNIT NO.I w i � I LEGEND O 000 0 ASSESSOR'S PARCEL NUMBER 000 STREET ADDRESS CITY ZONING I8 LOT NUMBER, FOOTHILL PARK UNIT NO. 1 .� LOT NUMBER, ' BIDWELL 17TH SUBDIVISION LOT LINE, BIDWELL 17TH SUBDIVISION -----EASEMENT CITY OF CHICO !PLAT TO ACCOMPANY AVIGATION EASEMENT Zli 48-2-52 ' w i Q 11 i N 1 1 1 1 LASSEN AVE. 20' SS- EASEMENT 1 BK. 2719 O.R. JPG. 307 1 1 1 1 1 1 1 _ 1 1 . 1 / 1 � 1 t D OCT' M n Lu SAMPLE ONLY' NOT A SURVEY'- FOR REFERENCE ONLY PLANNING OFFICE DRAWN my S.K.M. CHECKED ®T �.S- DATr 9-16-82 ALE ,1_.300' APPROVED ®T/� Cl" PL -N" it SAMPLE ONLY 1 ACKNOWLEDGMENT 2 tate of California ) -ss 3 County of Butte ) 4 5 On this 71f day -of 198.x, before 6 me,, the undersigned; a Notary Public in and for said State, 7 ersonally appeared V oly" ,) 8 ersonally known to me (or proved to me on the basis of satisfactor, 9 vidence) to be the Sic/-r-yuof the 10 corporation that.. executed the within instrument, and known to -me -11 to be the person -�00 who executed the within instrument on 12 behalf of the corporation named•. therein, and acknowledged to me 13 that such corporation executed the within instrument pursuant to 14 1its by-laws or a resolution of its board of directors. 15 16 17 nano►rls/n►nrwerrrrsrrrrnIan Ross nnu® ANTHONY G. SYMMES 18 4y, Commission expires: NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN 19. SUTTER COUNTY /77,9-4,4 . My Commission EzpiresWar. 7, 1984 z 20 ►assure►nnrrrn►►taut►n►mtrial ru►toil er►airs 21 22 SAMPLE ONLY .23 24 25 26 27 EXHIBIT 28 - 1 0 F1 ER. 1:'_�C,'i;hl�Yt, i•ii�::l• Iv SA`:PLE ONLY RFD DAVIS, CITY' MANAGER WNICIPAL bUILD11.4G; CI %IFICATE OF. ACCEPTANCE Ali uONSENT :RICO, CALIFORNIA s to certify that the interest in the real property conveyed by - the GRANT OF AVIGATION EASaIENT_'� . dated March 17 ,.1983 from DELTA DELTA., INC. = - - - - - - - - - to.the City of Chico, a Municipal Corporation, is hereby accepted by the undersigned officer on behalf of the City Council .of .the City of Chico, pursuant to the provisions of Section 2R.04.030 of the Chico Municipal Code, and the grantee consents to.recordation thereof by its duly.,authorized officer, Date • 3--22-83 By Fr__ ACKNOWLEDGMENTT STATE OF CALIFOPd\T A ) ss. COUNTY OF BUTTE ) ico On this 22nd day of March , 19 83 before me, Margaret P. Ballinger ,.a rotary Public in and for the Counfy of Butte, State of California,.personally appeared. Fred Davis, , known to me (or proved to me on the basis of satisfactory evidence) to be the City Manager of the Municipal'Cor- poration described in' the within ,instrument, an3' also known to- me to be the person who executed the within instrument on behalf of the Muni- cipal Corporation',therein named, and acknowledged to me that such Muni- cipal Corporation, to wit, the -CITY OF CHICO, executed -the within instrument pursuant to the authority granted -by the Chico Municipal Code. SAMPLE ONLY a�PC rgayet V. ballinger, Notary --Tub ic, My Commission -expires in and for the County of Butte, tnttutttttttt::tttttttt$'rL'8* -�''LOT''zc®n2'5!fornla 7-9, 84 tnZ62 OFFICIAL SEAL'- _ AVARET P. BALLINSER��QCAU104N11 Table IV -7 Location Of Fatal U..S. Air Carrier Accidents (1974-1982) (Includes Takeoff, Landing and.Inflight Phases of Operation) Location Number On Airport .10 Near Airport - ..Within 1/4 mile 1. - Within 1/2 mile =- - Within 3/4 mile T - Within 1 mile 5 Near Airport Subtotal 7 Within 2 miles 1 Within 3 miles 2 Within 4 miles 2 Within 5 miles 2 Greater. than 5 miles 5 Unknown 3 Total 39 Note: "On Airport" means on airport property. Distance from the airport is *the distance from the airport boundary. Table excludes helicopter accidents and accidents due to sabotage. Source: Reference 18 EXHIBIT 80 EXHIBIT 5-1 ACCIDENT STATISTICS CHICO MUNICIPAL AIRPORT. ACCIDENT DISTRIBUTIONS I/ —. Within Two Within Five On -Airport Miles Miles Non -Injury Accidents 10 3 .1 Injury Accidents 0 0 0 Fatal Accidents 0 0 1 TOTAL ACCIDENTS 10 3 2 ACCIDENT RATES?-/ 1958-1977 Aircraft Operations 1958-1977 Aircraft Hours Flown ` 1958-1977 Aircraft Miles Flown Accidents per 100,000 Operations Accidents per 100,000 Flight Hours Accidents per 1,000,000 Aircraft Miles 875,400 251,700 31,200,000 1.71 5.96 0.48 1� Source: Interviews with airport operators and representatives. Estimates developed based on extrapolated estimates of activity levels at Chico for the period 1958 through 1977. s -a E�H9991 G Lal PROPOSED P N� ED NDUSTRIAL PARK U e 250 acles) h. s O W u 0 •�LAJ z e° °�• °e ® Z •° 1 00 EATON Y, ® } alit X c' ol •,ah .., � e 6. ` O` Y 0 w° 3 e N °0..e• .. LUPIN • °. ••.° � � PEI f-- W rc Z U • J a. L„ ir- V uj ' U- 00. REVISED FOOTHILL PARK ( SOUTH OF SYCA!"JORE CREEK)' Area Breakdown No. Size Use Density -1 30 AC office park _ 2 54 office park _ 3 34 duplex 6.0 6 arterial units 7.5 4 4 21 low•dens resid 6.0 5 20.. low dens resid 6.0 6 53 single family.detached 3.5 7 54 mobile homes 8.0 8 -29 single family detached 3,5- 20 20 multi -family 2.0` 42,-4 arterial units 9 19 townhouse 8.0 10 10 neighborhood commercial - 11 multi -family 20.0 21 single family detached .3.5 20 arterial units 7.5 17* park/school _ lI 15 multi -family 20.0 21 single family detached 3.5 24.8 arterial 7.5 12 26 townhouse l8.0 9.3 arterial 7.5 Total Units 204 44 126 120 186 434 100 -400 318 152 220 74 150 300 74 186 208 70 3,366 - 6 un/AC overall # This earl: site may be relocated along the eastern property lire including to the area north of Sycamore Creek to allow for its combination with the park site on the adacent property at the option of City Council. EXHIBIT N, DEPARTMENT OF TRANSPORTATIC DIVISION OF AERONAUTICS AB 2920: "..'An..:'Analysis. ' Affecting` Airport `Land` 'Us e, 'Commi'ssi'on`. `Legislation ' . - . The enabling legislation for Airport -Land Use Commissions is found. in Article 3.5, Sections 21670-21677 of -the Public Utilities. Code.. However, the effects of AB 2920 were not limited to the Public Utilities Code.' Indeed, perhaps the most -significant change -brought. about by the legislation was'the addition of Section 65302.3 to the Government[Code. The'65300 Sections -of the Government Code -pertain -'to General Plans, the'basic foundations for local -planning. Since this change'in the law is found outside.the framework of Article 3.5 but represents the main thrust.for achieving compatibility between an airport.and-its surrounding communities,.it should be looked at before going on -to the changes affecting the-ALUC directly. Briefly, Section 65302.3 mandates the following criteria'.for local planning: "The General Plan and,-any.applicable Specific.Plan'pre- pared pursuant to Section 65450 shall be consistent with the plan adopted'or amended pursuant to Section 21675,of the Public Utilities Code" (emphasis added). Section 2167.5 is the ALUC Plan. In the existing legislation there is only -one date specified by which time an action must occur,. -and that -relates to the.creation of the. Commission. There are,no deadlines forlany,.other actions specified in the act. Section 65302.3(b),.however, does contain dates. The first of these. specifies that the General .Plan and any applicable Specific Plan shall be amended no later than December 31, 1983 -to be consistent with the ALUC Plan as such Plan may provide on July 1, 1983. In the eventa local legislative body does not concur with the ALUC plan or determinations of consistency, it may override the Commission by adopting findings pursuant to revised Section 21676, the so-called override provision which is often cited as a weakness in the law. However, the new legislation makes significant changes in this pro- vision which are discussed later in this paper. Section 65302:3 is repealed on 1/1/84 (by which time all General Plans and Specific Plans are to be consistent with the ALUC Plan) and then reenacted to require that the General Plan and any applicable Specific Plan shall be amended within 180 days of any amendment to the ALUC Plan. In essence, by 12/31/83 the General Plan and any applicable Specific Plan will be consistent with the ALUC Plan and from that day.forward any amendment to the ALUC Plan will result in an amendment, within 180 days, of the General Plan or Specific Plans. As noted initially, these requirements will now be found in the Government Code. Don't look for them in the ALUC legislation --there is no reference to them in either the existing or amended versions of Article 3.5. Moving on to Article 3.5 itself, considerable changes were made to strengthen and clarify the role of the ALUCs. Beginning with Section 21670 the Legislature declared, via the new amendments,.a "public interest" and a "purpose" for the Commission's task. These two elements are inserted at the very beginning of the article and state that: - 2 - "(l) It is in the public interest to provide for the orderly development -of each public -use airport and the area surrounding such airports in such a manner, among other things,. to promote the overall noise standards adopted pursuant to Section 21669 and prevent the creation of new noise and safety problems." "(2) It is the purpose of this 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 such areas are not already devoted to incompatible uses." These two amendments are quoted verbatim because despite their innocuous sounding generalities, any override must make.specific findings that the proposed action is consistent with these purposes.. A "silent" override is no longer possible; its rationale must be explicity stated. But more on the override provision in.a few moments. Except for paragraph'identifiers, the remainder of Section 21670 is identical to the existing legislation. That is, the requirement to create an ALUC and.the makeup of the Commission as determined by what. is often called the "PUC formula". This formula calls for a seven - member panel, two representing the cities in the county, two repre- senting the county, two representing airports within the county and one representing the general public (the public representative is appointed the the other six members). - 3 - 0 The designation of other bodies to function as the ALUC remains undisturbed. A bit.of cleanup removes the reference to the Public Utilities Commission in Section 21671 which pertains to ALUC member- ship (per the P.U.C. formula) for an airport owned by a jurisdiction not in the same county as the airport (i.e., San Francisco International Airport). Section 21674, Powers and Duties of the Commission, is totally rewritten in the new legislation. Whereas the current statutes lists five specific "powers and duties", including recommendations for height restrictions on building near airports, uses of land surrounding airports to assure safety of air navigation and ..to'achieve by zoning compat- ible land uses in the vicinity of all new airports and in the vicinity of existing airports to the extent that the land in the vicinity of such airports is not already devoted to incompatible uses...", the amended section proposes a coordinated/cooperative approach with local government. Rather than achieving compatibility through zoning powers, the Commission is directed "...to -assist local agencies in ensur- ing compatible land uses in the vicinity of..." and ..to coordinate planning at the State, regional, and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety, and welfare...." The latter task, of course, refers to the purpose of ALUCs as voiced by the Legislature in Sections 21670(a) and 21670(b). A new "Power and Duty" directs the Commission "to review the plans, regulations, and other actions of local agencies and airport operators pursuant to Section 21676", the statute containing the override - 4 - s �► provisions. By linking this power and duty to the override, it appears that the Legislature has indicated any'ALUC determination resulting from its review is final unless overturned per the provisions in Section 21676. The Legislature specifically prohibited`Commi.ssion jurisdiction over the operations of -any airport. No changes were made to Section 21675 which provides some guidelines for. the ALUC plan as well as specifying that'the Commission may include in its plan the area -within its jurisdiction surrounding a military airport. It should be noted that although the amendments to the powers and duties section deleted "height restrictions" and "recommendations for the use of land surrounding airports", the guidelines in Section 21675 indicate that "the Commission may develop height restrictions on buildings, may specify.use of land, and may determine building standards, including soundproofing adjacent to airports--, within the planning area— For rea- For years complaints hay.e.been voiced that,airport land use commissions have been effectively neutralized in any conflict with a local juris- diction because of the "silent" override provision, that the "four- fifths vote" weapon was of dubious.value when faced with the resources available to aggresive developers and the pressures that could be brought to bear on local officials. Regardless of the merits in these criticisms, the fact remains that ALUC decisions have been overriden time after time. Section 21676, as amended, significantly strengthens ALUC determinations and expands on the relationship between the - 5 - Commission plan and local general plans. First, we'll address the override and then the new relationship between the plans. In current law, if the ALUC determines that an action or regulation. of any public agency within its boundaries is inconsistent with its plan, it must then hold a hearing to determine if the inconsistency is "harmful" with respect to the airport and the adjacent area. A negative determination results in the proposal being returned to the public agency for another public hearing to reconsider its action. The public agency proposing the action or regulation, however, may overrule the Commission after such hearing by a four-fifths vote of its governing body. Period. No explanation necessary. Just. four- fifths vote; that was the law until January 1, 1983. AB 2920 made changes to this procedure. After the ALUC makes a determination of inconsistency on a proposed action, the local agency is notified and it (the public agency) will then hold another hearing to reconsider its plan. The ALUC no longer will hold a hearing to determine if the proposal is "harmful". It is at this point that the significant changes enter the picture. "The local agency may overrule the commission after such hearing by a two-thirds vote of its governing body if it makes specific findings that. the proposed action is consis- tent with the purposes of this article stated in Section. 21670." Note these changes: the required vote to override is reduced from four-fifths to two-thirds. Thus it becomes a little less difficult to round up the necessary votes where a governing body has more than.five numbers. However, the requirement for specific findings of consistency with the purposes of the ALUC legislation --to protect the public health, i safety, and welfare by ensuring the orderly expansion.of airports and the adoption of land use measures that minimize the publi.c's exposure to excessive noise and safety � hazards within. areas ­ar°ound publi.c airports --introduces the missing elements which made the earlier override a weakness, as its critics have charged. These two elements are: rationality and responsibility.. Let me take a moment to explain that the override, in and of iteself, is not a weakness in the process. -There are ;often alternative ways to resolving a problem and the override allows for this difference in viewpoints and interests. The "weakness" perceived by critics in the current process.is due not to the fact that the governing body may overrule but due to the fact it may never have.uttered a single word in the.reconsideration hearing. Its members' vote may have been influenced by a personal dislike for the chairman of the ALUC, or the individual presenting the.item.may.be wearing a pink shirt and it's a Tuesday evening. The genesis of the vote.may or may not have any relationship to the.issue of land use compatibility. And so -the re was little basis for a recourse or appeal. "Specific findings" is something of a legal nature.. Specific findi.ngs may be the basis for an appeal and adjudicated through the courts. So at this point AB 29.20 opens up to.public scrutiny the thought -process or rationality for the override vote. But the change goes further than just baring the rationality behind the vote--i•-t insists that the,rationality be consistent with the purposes of Article 3.5, the same guiding light that is to be followed by the ALUC. In.essence the amendment is saying: - 7 .- ■ "You may differ with the ALUC in your solution but your purpose must: remain. the same." And that purpose is spel.l.ed out in. the law. As indicated earlier, a second element--responsibili.ty-- was added to the process. The requirement for consistency of purpose, of course, brings into being a sense of responsibility, but the Legislature did not stop there. A new Section--21678--was added to the code which makes the cheese a bit more binding. New Section 21678 states that if a public agency which does not operate the airport in question "over- rides a Commission's action or recommendation, the operator of such airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency's decision to override the Commission's action or. recommendation." Note that the amendment does not indicate who is responsible for liability but it does clearly indicate who is not responsible. No longer will: an airport be faced with liability for poor land use decisions over which it had.no control. While the changes in the override are significant in terms of past practices vis-a-vis ALUCs, they are certainly not punitive, harsh or biased. It merely requires an agency to act in a rational and responsible manner. Although Section 21676 contains the override provision, it isnot limited to this one item nor are its AB 2920 amendments. Expanding on the amendment to Government Code Section 65302.3 discussed earlier, this section sets a date of July 1, 1983 for submittal of the General Plan to the Commission for consistency determinations and imposes a two-month. limit (until August 31, 198.3) on the ALUC for. its deter- minations. Paragraph (b) of.Section 21676.requires that prior to amending a General Plan or a Specific Plan, or the adoption or -'approval of a zoning ordinance or building regulation within the ALUC planning boundary, the local agency shall first refer the proposed action to the. Commission for a determination of consistency, subject, of course., to the override provision. So, even though the power to achieve compati- bility by zoning has been deleted from the ALUC's powers and duties (a source of conflict between local governments and airport land use commissions), AB 2920 does give the Commission the right to have local government show that its -zoning is consistent with the purpose of protecting the public health, safety,.and welfare. Section 21676(c) is the second side of a double-edged sword. Basically, the same requirements imposed for land use planning in areas around an airport are extended to an airport in terms of the airport's master. plan. Prior to modifying its master plan, the airport is required to refer proposed changes to the Commission, -for a consistency deter- mination, subject to the override provisions. In Section. 21674 the statute is careful to indicate that the powers of the Commission shall'in no way be construed to give the Commission jurisdiction over th,e operational aspects of any airport. To avoid bureaucratic delays, the ALUC has 60 days within which time it must make consistency determinations. Failure to do so deems the proposal(s) as consistent, which seems fair enough. 9 - 9 - �7 In.summary, what we will now have for land use planning in the vicinity of airports is a legislative 1-inkage involving the A.LUC Plan, the General Plan and the Airport Noise Standards. Thistie-in fills a void which has preculded effective implementation of the ALUC function. t - 10 - JOINT PLANNING CONFERENCE - June 22, 1983 A Joint Planning Conference was held at 10:00 A.M. in the Conference Room of the Chico Municipal Airport (CMA) Terminal Building on June 22, 1983. Chairman Kenkel of the Airport Commission opened the meeting and each person presented introduced 'himself. Attendance was per the sign-up sheet. John Pfeifer of the FAA welcomed everyone and noted the FAA holds Joint Planning Conferences at each commercial activity airport. It uses the information obtained to: 1) update NAAS - Airport Assistance Plan; 2) evaluate requests for aid; 3) general discussion of airport growth, problems. CHICO MUNICIPAL AIRPORT LAYOUT PLAN AND AIRPORT DEVELOPMENTS.. City Manager Davis explained the CMA Layout,Plan and Airport Devalupments. He pointed out the recent airport development, current request for aid and future airport development. He further explained that at the present time the CMA is a non -entitlement or dis- cretionary airport - this means the City must apply for funds each year. Also that the funding level has been generally in excess of what the CMA would have been en- titled to as an erititlement airport. Nally Davis, Chico General Aviation Association, asked how priorities were established. City Manager Davis stated that the Airport Commission and the FAA establish the priority items. In addition, meetings of this type provide an opportunity for the .Airport users and the public to comment and make suggestions concerning priority projects for AIP funding. John Pfeifer noted the FAA 'priority system (Matrix.) is based cn the size of the Airport. Every request received by FAA is rated - discretionary money is available on a nationai basis. FAA is just now putting the 1984 program in order. information,should be available within next two months. Morey Fuqua questioned what criteria or involvement FAA has on tee hangar improve- ments on airports. John Pfeifer noted the FAA does not have any criteria. FAA can participate in taxiways only - cannot participate in tee hangar pads or buildings. Bob Montgomery questioned if there was any problem with the location. Pfeifer re - Plied the ALP which included the tee hanyar location has been reviewed and approved. 'prey Fuqua - what is the criteria for taxiways to tee hangars. Does a particular airport have to show a definite need? Pfeifer noted that in the preapplication there would have to be a justification for the tee hangars. Bill Riesen, CALTRANS - Division of Aeronautics, noted the CAB has a loan program for the construction of tee hangars. Presently the interest rate is 8-9a. NAVA-IDS - Pfeifer noted there will be some updating of existing equipment. City Manager noted the CMA is qualified for automated weather equipment when it is avail- able. Dick Williams, Red Bluff A.F. Sector, noted that basically they will be going to automated remotely controled equipment as it becomes available. City Manager noted WestAir currently handles weather from the CMN and this is voluntary. FAA CONTROL TOWER. City i'anager noted that at this time the FAA control tower. is not on the present list for decommissioning. FAA has agreed to do another seven day count (within 90 days). FAA has criteria for commissioning and decom- missioning. FAA recommended decommissioning based on three reporting periods which fell below their requirements also, the FAA has determined ?acific Express is not an air carrier. FAA is working to decommission all towers it possible can. Regula- tions have not been adopted and do not have any information as to when they will be. There are several items to consider when decommissioning - safety, weather, traffic, etc. Joint Planning Conference Page -2 Steve Woodill, Department of Forestry, questioned what procedure the Forest Service would have to go through to have FAA provide air traffic control due to the heavy use during fire season. City Manager Davis noted this would require advance work with the FAA. He noted the tower could be used immediately as it is still being maintained. Chairman Kenkel questioned if anything further could be done regarding getting the Tower re -opened. Pfeifer suggested writing an appeal to the FAA administrator. City Manager Davis noted the City, local citizens and Congressman Chappie have worked cooperatively in contacting the FAA, etc. in order to have the tower re -opened. Gordon Casamajor questioned if the City has any plans to take over the Tourer operation. City Manager Davis noted that at this time no. The City has contacted private firms and have several estimates of cost. These usually include two quoted prices - City provide insurance or the contractor provide insurance. City has received some in- formation from the FAA that they may have an interim program whereby it would provide a certain amount of funds to the Agency. If the program becomes available, the City will apply. Wally Davis asked about the requirements to provide traffic advisory. Beverly Clark, Red Bluff Flight Service Station, advised staff is trained to niye airport weather advisory. FSS expect to be automated by 1987 but FAA is not sur; if Red Bluff %,:ill be the location for the new base. GRANT PROGRAMS— Pfeifer advised the old Airport Development Aid Program expir=-d in 979 -Airport Improvement Program (AIP) started in 1982. Further explained the nationwide program through 1987. City Manager Davis reviewed priorities for Ai= funds. LAND USE - NOISE, ZONING - Planning Director Lando noted the Butte County Planning Commission is the Airport Land Use Commission. He briefly explained the Environs and Specific Plans, Chico Municipal Airport Redevelopment Area, land use, noise levels and noise contours and aviagation easements. Pfeifer noted the FAA feels the City has developed more than adequate plans for zoning and noise compatability. PENDING LEGISLATION - Pfeifer briefly explained procedures on legislation and also the recently enacted Jobs Bill. CLOSING REMARKS - City staff and John Pfeifer gave brief closing remarks. ADJOURNMENT - Chairman Kenkel thanked everyone for attending and presenting their comments and suggestions. Qr,f,e Pldnnip9 AtUC '5 q'�. 8`3 �alito'17.�� y� STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS _ 1120 "N" STREET;. SACRAMENTO, CA 95814 (916) 322.3090 July 7, 1983 To All Airport Land Use Commissions Enclosed is a listing of significant comments, questions and suggestions made at the two recently conducted workshop sessions and the ABAG/MTC responses as they pertain to the handbook revision. Any additional comments are welcomed but they should be submitted to ABAG/MTC by 7:/15/83.. A cutoff date is necessary if the handbook -,is to be published by late August. Sincerely, MARK F. MISPAGEL, Chief. Division /jof Aeronautics Is Y. , <S`I C.: v. _ Spyridon N. Sideris, Chief Planning Branch Enclosure Bu}}e Co. Planning errs. J - ,JU� 1983 , o�o�ate,. 4 '•i AIRPORT LAND USE PLANNING WORKSHOPS SUMMARY Comment Handbook should. make clearer how its suggestions are to be used by ALUCs and local agencies. Does handbook assume differing standards for Northern and So.uthern California? How should ALUCs interpret meaning of "other actions" in AB 2920 provisions? Handbook should include statement about what the Division of Aeronautics. does in granting permits for schools and State buildings. Are building permits "other actions"? What is meant by the term "airport master plan"? Handbook should indicate greater guidance about what may be considered in absence of master plan. n Proposed Handbook Revision Include in Introduction chapter a statement that the handbook is furnished to local agencies as technical assistance --not as Caltrans' guidelines or regulations. No. Handbook's Introduction will include statement that recognizes varying conditions throughout State, and that local agencies can adopt or modify suggestions to reflect local conditions. Draft handbook recoo.nized that AB 2920 continued the use of imprecise language from.old law This section will be expanded to include list of suggestions about what could constitute "other actions." These will be included as among the "other actions" list. Probably not. See two comments above. This will be done in several ways including references to A14CLUC studies, airport layout plans. Specific revisions will be made to p. 39, Section VII, P. 227, and p. 231. _2_ Comment Proposed Handbook Revision Could redrawing a planning boundary constitute ABAG legal counsel is a "taking" for which an ALUC might have to reviewing this issue. Handbook provide compensation? will address if necessary. When might an ALUC action constitute "inverse See immediately preceding condemnation"? response. Handbook should recognize that zoning ordinances Chapter VIII of handbook do not necessary have to be consistent with local will be revised to reflect general. plans.of'charter cities. this legal point. Would ALUC findings of inconsistency, if To the extent that revisions addressed in -local general plan, create an to the land use element appeal.process to the State Coastal Commission. must be approved by the Coastal Commission, there would be a certain degree of appeal status. Final handbook will mention this point. Handbook should recognize future changes in The final handbook will State noise insulati.orL requirements. reference the scheduled changes in standards. The handbook should cover the public participation The final handbook will requirements that should be used by ALUCs in include a brief discussion of developing plans, or at least mention the Office this, and a mention of the of Plannirig and.Research guidelines on this OPR guidelines. point. The handbook should contain suggestions on how The final handbook will discuss ALUC plans should treat changes in existing this point, using material from incompatible uses over time. the Sacramento and San Mateo ALUC plans. The handbook should discuss the legal status ABAG legal counsel is reviewing and enforceability of noise easements. relevent cases. Handbook will address if necessary. Handbook should provide guidance about how Handbook will discuss some airport planning area should be addressed when suggestions in section on it covers portions of two counties. interagency cooperation. l (5) other proposed land uses should be subject to acceptable noise exposure level guidelines as recommended by the California State Department of Health (Exhibit 4-3).. 8.3.2 CLUZ Area IIP The next level of restriction is applied to areas which would normally qualify for residential land use if the noise exposure levels constituted the only constraint to development. There are two additional considera- tions which have been applied in defining this special category. First, the land in this category abuts the existing airport south property boundary. This factor, taken together with the location of the CNEL 65 contour as a second consideration, indicates a for more serious future land use conflicts than might normally be associated with the CLUZ II area. The CNEL 65 contour boundary, projected for future flight operations, extends to the limits of the airport property to the south. Aniunf_or_eseen increase .in air carrier or business jet traffic a_t CIC beyond the forecast levels could cause this legal restriction on resi- dential.land use to extend onto these adjacent parcels. If this situation were to occur, it would create a clear mandate for future acquisition of any affected residential properties. A both r-c„hed There are two large parcels having boundaries common with the -south airport property line which are affected by the'CLUZ IIP category. Each . of these parcels was subdivided for planning purposes when the county oft #eM staff created the Interim Zone boundaries. The errrmo-st of these two parcels is transected by the two branches of Sycamore Creek. These two creek beds form easily identifiable natural geographic divisions on the property. It was decided to use these to further refine the CLUZ planning area in order to avoid a blanket restrictive categorization of the entire parcel. This has the dual benefit of maintaining practical divisions of the parcel for planning and reserving a portion of the property for land 8-11 use which would prove more beneficial to the property owner. It is recommended that the CLUZ IIP boundary be extended to the east to follow the north branch of Sycamore Creek and continue along the Interim Zone boundary and the south limit of the two parcels in question, as illustrated in CIC=13. This allows for maximum pro- tection of both the CNEL 65 noise exposure area and the flight corridor concept. Recognizing that most of the Interim Zone property between the two creek beds falls outside the flight corridor, there is an argument to be made -for pulling the CLUZ IIP boundary back to the south branch of Sycamore Creek. This would constitute a "least re- strictive" option for ultimate zoning of this parcel. The final decision between this and the recommended "most restrictive" option should be made locally and should reflect local community attitudes and priorities. The second, or westernmost, of the two parcels affected by the CLUZ IIP category was also subdivided by the county staff in defining the Interim Zone boundaries. In this case, it is believed that there is - a clear requirement to use the parcel boundary and the Interim Zone boundary to define the remainder of the CLUZ IIP area. Again, this reserves approximately half the total parcel for land uses more bene ficial to the property owner. The particular characteristics of the Interim Zone boundary, i.e., the series of ninety degree turns in the perimeter, result in an intrusion of some small segments of uncon- strained property into the noise exposure and flight corridor on this second of two parcels. These small intrusions currently carry an S -R zoning designation, allowing single family residential development with a minimum lot size of 8,125 square feet. Any residential land use would be unacceptable in these small segments of the parcel lying within the flight corridor. If the existing SR zoning is to be retained for MWA r . remainder of the parcel, it will be necessary to incorporate a more restrictive zoning on these small segments to protect these areas. The other (easternmost) parcel has the Interim Zone overlap extending outside the .flight corridor. This presents the opportunity for a separate zoning category in the segment outside the Interim Zone area, consistent with the Interim Zone boundaries. Recommendations: roe;: (1) The parcel segments, within the Interim Zone boundary, designated as CLUZ IIP areas should �A zone classification S_ carr y an A -X (Agricultural) _ r consistent with the size of parcel. .. (2) Residential units (one single family) allowed. under this classification should be restricted to contiguousproperty outside the CLUZ IIP area. (3) Use permits for any uses involving concentrations of people (parks, golf courses, churches, other public or quasi -public uses) should not be granted. 8.3.3 CLUZ Area II All areas falling under the CLUZ II category lie within the Interim Zone boundaries. The only residential land use specifically excluded under this category is mobile home park development. This is designed to elim- inate concentrations of residential un its with potentially unacceptable outdoor -to -indoor noise reduction characteristics. Other residential units are subject to' controls over building construction methods and procedures as specified in existing state law and recommended County Ordinance. 9 8-13 III 1� STATE OF CALIFORNIA - BUSINESS, TRANSPORT AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION r1 DIVISION OF AERONAUTICS O 1120 "N" STREET:G. <. SACRAMENTO, CA 95814 (916) 322.3090 July 7, 1983 To All Airport Land'Use Commissions Enclosed. is a.listing of significant comments, questions and suggestions made at the two recently conducted workshop sessions and the ABAG/MTC responses as they pertain to the handbook revision. Any additional comments are welcomed'but they should be submitted to ABAG/MTC by 7/15/83. A cutoff date is necessary if the handbook is to be published by late Auguste OSincerely, MARK F. MISPAGE'L, Chief '. Division of Aeronautics Spyridon N. Sideris, Chief Planning Branch Enclosure BU}}e Co. Planning Carom• i�� s: 1983 AIRPORT LAND USE PLANNING; 11ORKSHOPS SU111-IARY Comment Handbook should. make clearer how its suggestions are to.be used by ALUCs and local agencies. Does handbook assume differing standards for Northern and Southern California'? How should ALUCs interpret meaning of "other actions" in AB 2920 provisions? Handbook should include statement about what the Division of Aeronautics does in granting permits for schools and State buildings. Are building permits "other actions"? What is meant by.the term "ai.rport master plan"? Handbook should indicate greater guidance about what may.be.considered'in absence of master plan. Proposed Handbook Revision Include in Introduction chaoter a statement that the handbook is furnished to local agencies as technical assistance --not as Caltrans' guidelines or regulations. No. Handbook's Introduction will include statement that. recognizes varying conditions throughout State, and that local .agencies can adopt or modify suggestions to reflect local conditions. Draft handbook recognized that AB 2920 continued the use of imprecise language from.old law. This section will be expanded to include list of suggestions about what could constitute "other actions." These will be included as.. among the ".other actions" list. Probably not. See two comments above. This will be done in several ways, including references to ANtLUC studies, airport layout plans. Specific revisions will be made to p. 39, Section VII, o. 227, and p. 231. The handbook should contain suggestions.on how ALUC plans should treat changes in existing incompatible uses over time The handbook should discuss the legal status and enforceability of noise.easements. Handbook should provide guidance about how airport planning area should be addressed when Q it covers portions of two counties. The final handbook will discuss this point, using material from the Sacramento and San Mateo. ALUC plans. ABAG legal counsel is reviewing relevent cases. Handbook will address if necessary.. Handbook will discuss some suggestions in section on interagency cooperation. -2 - Comment Proposed Handbook Revision Could redrawing a planning boundary constitute ABAG legal counsel is a "taking" for which an ALUC might have'to reviewing this issue. Handbook provide compensation? will address if necessary. When might an ALUC action constitute "inverse See immediately preceding condemnation"? response:, . Handbook should recognize that zoning ordinances Chapter VIII of handbook do not necessary have to be consistent with local e will be revised to reflect general plans of charter cities, this legal. point. Would ALUC findings of inconsistency, if To the extent that revisions addressed in local general plan, create an to the land use element. appeal process to the State Coastal,Commission, must be approved by the Coastal Commission, there would be a certain degree of appeal status. Final Q handbook will mention this ` Point. Handbook should recognize future changes in The final handbook will- illState Statenoise insulation. requirements.. reference the scheduled changes in standards. The handbook should cover the public participation The final handbook will requirements that.should be used by ALUCs in include.a brief discussion of developing plans, or at least mention the Office this, and a mention of the of Planning and Research guidelines on this OPR guidelines. point. The handbook should contain suggestions.on how ALUC plans should treat changes in existing incompatible uses over time The handbook should discuss the legal status and enforceability of noise.easements. Handbook should provide guidance about how airport planning area should be addressed when Q it covers portions of two counties. The final handbook will discuss this point, using material from the Sacramento and San Mateo. ALUC plans. ABAG legal counsel is reviewing relevent cases. Handbook will address if necessary.. Handbook will discuss some suggestions in section on interagency cooperation. 0 :r �. .-tar'-^'(.'--•= --_•-- � - r TO: --BOARD OF SUPERVISORS, COUNTY OFFICES RE: NOTICE OF PREPARATION ti August 22, 1983 au+te Co. Planning CQUIM AUG 24 1983 0"il►e, CalitQW4 This Notice of Preparation is being forwarded to you for the proposed Chico Municipal Airport Redevelopment Project Area which will include approximately 1,074 acres as defined by the new project boundaries. If and when the settlement agreement is finalized, this notice will be moot and no E.I.R. will be prepared. •f 4007- 5J60Z.--- T'• -/re,> ' r - - i August 22, 1983 NOTICE OF PREPARATION The City ofChico will be the Lead Agency and will prepare'an environmental impact report for the following project. Applicant: Project Description: Project Location: Probable Impacts: City of Chico P. O. Box 3420 Chico, California 95927 Formation of the Chico Municipal Airport Redevelopment Project Area, consisting of property commonly known as the Chico Municipal Airport and environs,.for the purpose of facilitating and encouraging development within blighted and marginally developed areas. Approximately 1,074 acres located within the City limits and generally located north of Eaton Road, west of Cohasset Road, and a portion'of the industrial park (see attached map): No significant adverse impacts have been identified. A copy of the Initial Study is not included: An environmental impact report is being drafted as a result of a determination of the City of Chico Planning Director. This Notice of Preparation is being sent as a courtesy.to public agencies, groups, and persons who may wish to'comment on the scope and content of the draft environmental impact report for the.above noted project. Please respond in writing to the City of Chico Planning Office, P. 0. Box 3420, Chico, Cal ifornia 95927-3420, be_fo.r_e__.Se:pt_:_6_;_19.83? If we do not receive any comments by this date, we will assume there are none. Any further information on this project, all files, applications,. maps, etc. are available at the City of Chico Planning Office, 5th and Main Streets, Chico, California, or call (916) 895-4851.,j` omas J. LaKdo, Planning uirector TJL:pb CP 10621 ENV: 83-40 T/F 8/24/83 RICrARDSON SPRINGS, CALIF IA RICHARDSON SPRINGS QUADRAWE CALIFORNIA-BUTTE CO. 7.5 MINUTE SERIES �...., -. , '.: .,`..... �`� :• ` -•-� .: ��$�; a 27�^;� : ,n' ' 4408 1Nir�dirtil[: ~' u is . � n i ..• — :.. �/ r it 440 o n __ - , D. 3.. B 34�.... \ ...Lu 4406 G y 1�0 Tex'er ' cti `40 I: � ':� ✓�'-:. ���9 � ,,� �eM 249'. `• ,\• .� T. 22 N. I I R ,r( j OR.... - ..........PRi AIR V ... 2 � \ 47'30" .........'.... ` . `' 4405 20 BM_201 :.'. ` ...� : • o I , ....... _ - • i /s3 WN 2 2 N I ct iI ?, to J J ........ . W p I • i is ��_ i': ted •................�.. ....:......... _ •;�- \\\ •�• �r• 'mss `::� I.•• , . • ..1'. • EATON /80 ROAD .•... ••• I�' RAN C ♦ t`; 4103 bow UAIN ; Vz�I' •`. o\✓ �2 0 _ _;I RM. 203 �. } 0 STATE OF CALIFORNIA— BUSINESS, TRANSPORTATION AND HOUSING AGENCY J GEORGE DEUKMEJIAN, Governor. DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS 1120 "N" STREET .e SACRAMENTO, CA 95814 (916) 322.3090 15u"e Co. @1an4in9 C:omn' . February io, 1983 FEB 1b �gB3 Qrov►lle. Ga1►totnla To: Airport Land Use Commissions: With funds provided by a Federal Aviation Administration planning grant, the Division of Aeronautics, in conjunction with the Metropolitan Transportation Commission and the.Association of Bay Area Governments, has initiated a study to develop a hand- book with guidelines for preparing ALUC plans and implementing. AB 2920. The two-phase., six-month study will address problems, concerns, procedures and methodologies involving ALUC activities. Phase I will produce a draft copy of the handbook by mid-May. During this period various commissionswill be contacted by either: Chris Brittle, Senior Planner Metropolitan Transportation Commission - Hotel Claremont Berkeley., CA .94705 (415)849-3223 or Doug Detling, Legislative Affairs Officer Association of Bay Area Governments Hotel -Claremont Berkeley, CA 9470.5 (415)841-9730* These contacts will ,be aimed at information gathering and discussion of situations and concerns expressed by ALUCs in the,Division's October 1982 Survey Questionnaire. Following circulation of the draft handbook, the Division/MTC/ABAG will kick off Phase II with seminars in northern and southern California to refine the final contents of the handbook. These seminars will be held in the latter part of May. I would, however, urge you to contact either Chris, Doug or: me to provide any input. you may have as early as possible. In addition, those ALUCs that did not include land use plans in their October. survey response should send copies to either the Division of. Aeronautics or MTC/ABAG so we may.have,a broader base for evaluations. 0 1, Airport. Land Use Commissions " Page 2 February 10, 1983 An outline for the study tasks will.be forwarded to you in the immediate future. Sincerely, MARK F. MISPAGEL,• Chief Division of Aeronautics ,5oA S'13-vl-to . . . Spyridon N. Sideris, Chief Planning Branch Enclosure STATE OF CALIFORNIA —BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS 1120"N" STREET SACRAMENTO, CA 9581A (916) 322-3090 August 23,:19.83 .�Utte Co. Planning Comm. AUG 2 4 1983 Oroville, California To: Airport Land Use Commissions Funding For ALUC Plans As you will recall from -earlier correspondence-, the Division of Aeronautics applied:to the Feder.al Aviation Administration for a Planning Grant to be used to fund.the development of airport land use plans by Airport Land'Use Commissions. The enclosed letter.from the Federal Aviation Administration's Western-Pacific.Regional office informed us that`our application..."cannot be given favorable consideration".. The Division will continue to pursue this funding issue at both the Federal and State level. We welcome any suggestions .you may have with respect to funding sources or.courses of action .we might explore in this effort. Sincerely, MARK F. MISPAGEL, Chief Division of Aeronautics Spyridon N. Sideris, Chief Planning Branch Enclosure U.S. Department of Transportation Federal Aviation Administration AUG 9 1983 Mr. Mark F. Mispagel Chief, Division of Aeronautics Department of Transportation 1120 "N" Street Sacramento, California 95814 -Dear Mr Mis anal• V Western -Pacific Region R�C�IV�D AUG 1 1 683, . Colt .rots pivisio Of Aer n °Routics P.O. Box 92007 Wodclway Postal Center Los Angeles, CA 90009 ' This is in reference to your planning grant application for the development of specific land use plans for airports in California. One of the conditions for using Airport Improvement Program funds for off airport land -use plans requires the involvement of the land-us.e agency and the airport sponsor. Your application is not clear on this condition and therefore, cannot be given favorable consideration. We support the objectives of Assembly Bill 2920, and would like to meet.with you and other appropriate governmental representatives to discuss procedures through which we can assist.in the development of appropriate land use plans for airports in the state. If you have any questions,. please contact me at (213) 536-6250. in erely, nil Gerald M. Dallas, Manager Planning and Programming Branch ' 1TILPTIES CODE PUBLIC UTILITIES CODE § 21676 full term of four cause by the Amendments: 19770 Amendment: (1) Added "which shall conform as nearly as possible to the provisions applicable to "be out 3f office of each hearings conducted by local agency formation commissions"; (2) deleted advisory only and shall^ after "commission shall'; and (3) deleted "or jurisdiction over any matters relating to zoning or land. ich his term is t0 use authority of any city or county" after "any airport." .shall be filled for 1975 Amendment: Added subd (5). ginally, appointed. 9 Cal Jur 3d Aviation § 41. 1 Of the t:Omm1S- 55 Ops Atty Gen 284 (airport land use commissions not authorized to formulate comprehensive land use plans for area surrounding federal military airport). zpervisors. 'eping of minutes,' - f § 21675. Formulation of comprehensive land use plan provided by' the (a) The commission shall formulate a comprehensive land use plan that will commission shall::. provide for the orderly growth of each public airport and.the area surround- ing the. airport within the jurisdiction of the commission, and will safeguard shall " : - 'the general welfare of the inhabitants within the vicinity of the airport and commission ;ndent contractor- the public in general. The commission, plan shall include a long-range master plan that reflects the anticipated growth of the airport during at least hairman or at the the next 20 years: In formulating a land use plan, the commission may -- develop height restrictions on buildings, may specify use of land, and may determine building standards, including soundproofing adjacent to airports, within the planning area. . h" after "if any" in the (b) The commission "may include, within its plan formulated pursuant; to after "minutes," in the subdivision (a), the area within the jurisdiction' of the commission surround- _ . aragraph; and (4) added ing any federal military airport. for all the purposes. specified in subdivision , _ (a). This subdivision 'does not give the commission any . jurisdiction or authority over.the territory or operations of any military airport. (c) The planning boundaries shall be established by the commission after .es, subject to the hearing and consultation with' the involved agencies. . Added by Stats 1970 ch 1182 § 5; Amended Stats 1973 ch 844 § 1, eirective September 25, 1973; Stats -ning the need for 1980 ch 725 §11; Stats 1981 ch 714 § 389. Amendments rounding airports 1973 Amendment: Added (1) "(a)";:(2) subd (b); and (3) "(c)" . 1980 Amendment: (1) Deleted the former third sentence which read: "This plan shall not be inconsistent ;oinmerce. with the State Master Airport Plan.'; and (2) amended subd (b) by (a) adding the comma after "may n subdivisions (1) include"; and (b) substituting the comma for "the" before "area within". advisory Only to 1981 Aruendment: Routine code maintenance. ' 55 Ops Atty Gen 294 (airport land use commissions not authorized to formulate comprehensive land use orderly and fair --plans for area surrounding.federal military airport).. '. as possible to the agency formation',.'-, §21676. Proposals of public agencies: Hearing on inconsistent plans:. Re-* hearing by proposing agency: Overruling commission. finding: Changes in icinity of all new plans it that the land in Each public agency having representation on the commission shall assist in npatible uses, and. 4 the development of an area plan. All such plans must be filed with the lstruction in such commission for its approval. If in the determination of the commission, an nay from time to action or regulation of any public agency within the boundaries of the area . k plan is inconsistent with .the commission -plan, then, the commission shall trued to the hold a hearing -to determine whether or not the proposed action is in the .give << best interest of the airport and the adjacent area. If it is determined that the action would be harmful, then the public agency shall be notified and the + ' 13 Pub W Codej 13 Pub Util Code] 23 W,� § 21676. PUBLIC UTILITIES CODE PUBLIC L. . public agency shall have another. hearing to reconsider its action: The public account" ft agency proposing the action .or .regulation,. , however, may overrule . the Fund" in s article, fun commission after such hearing by a four-fifths vote of its governing body. for "Fund.:' Each public agency owning any, airport within the boundaries. -of the area plan shall file :any. substantive change. in development plans with the § 21681. i such plans are inconsistent with the comis- commission for its approval. If sm sion plan, then the public agency shall benotified and shall ' have another For the pi • heang to reconsider' its action. Such public agency, however, may overrule ri (a) "Own the commission by a four-fifths vote of its governing body. _ fee simpl . Added by Stats 1970 ch, 1162 § 6:otherwise . 55 Ops Atty Gen 284 (airport land use commissions not authorized to formulate comprehensive land use.. control of plans for area surrounding federal miLtary airport). of the pi approved § 21677. Marin County: Majority vote other tha Notwithstanding the provisions of Section 21676. which* require a four-fifths, airport as vote of the governing body of a. public agency in order • overrule a . .(b) "Mat .to .`commission, any. public agency in the 'County .of Marin may overrule the which do . Marin County Airport .Land Use Commission by a, majority vote of its • agencies governing body. funds: Th Added Stats 1975 ch 934 § 1. (c) "Gen Note --Stats 1975 ch 934 also provides: § 2. The Legislature finds and declares that this bill is necessary and milia since special facts and circumstances applicable to the County of Marin, and not generally applicable .. (d) "Pub.' make the accomplishment of this purpose impossible by any general law. Such facts and circumstances ity, port - include. the relatively few airports within the County of Marin and the relatively. few public agencies subdivisi(. . affected by such airports. The Legislature further finds and declares that the County of Marin is the only law, d, (e) "Pubi county involved, that the purpose of this act is impossible to accomplish .by any general and that f. -special legislation applicable only to the County of Marin is therefore necessary.. '. and the (f) "A.rp ARTICLE 4 provemer. merit, for Aeronautics Fund (1) Land [The heading of Article 4, consisting of §§ 21680-21688, was amended, to read as above by aircraft if . Stats 1970 ch 1417. § 4:] (2) Grad § 21680. Continuation of fund in State Treasury; Appropriations of runwa, ; • (a) The Aeronautics Fund is hereby continued inexistence as the Aeronau- (3) Cons' tics Account in the State Transportation Fund. The moneys deposited to the 'are (.�) -Acqu credit .of the account continuously appropriated for expenditure by the' the Fedel . board and the department as provided in this article.. .. (5) Acqu (b) Any reference in ..any law or - -regulation-. to the Airport Assistance be reason Revolving'. Fund, the Airport Assistance. Fund, or the Aeronautics Fund..'.. an aircra: shall'be deemed to refer to the Aeronautics Account in the State Transpor= "fund" (6) Rem( tation Fund. As used in this article, shall be deemed to refer to the Aeronautics Account in the State Transportation Fund. (7) Origi Amended'by Stats 1970 ch:14.17 § 5; Stats 1971.cb 1243 § 2, -operative January 1,..1972. defined it Amendments: (8) Origi 1970 Amendment:. (1) Added "(a)"; (2) substituted "Aeronautics" for "Airport Assistance Revolving"; _ together (3) added "existence in" after "continued in'; and (4) added subd (b). (9) Origi 1971 Amendment: (1) Substituted "as" for "in" in first sentence; (2) substituted."Aeronautics Account in an S1rCr$. the State Transportation Fund" for "State Treasury"; (3) substituted "deposited to the credit of the rt .. 24 . .(3 Pub'UGl Code) l3 Pub rte. M�'t -, �-�n •_�, 4,L.-��.i:. ,� ��j� � .�i ��' �'� .J LAN D O F N A URA ! VV CA L i FI A i; v o E A U T1' PLANNING COMMISSION 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965 PHONE: 534-4601 August 24,..1983, The Honorable Jane Dolan Chair,.Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95965 Dear Ms. Dolan, This letter is being sent to you on -behalf of the Butte County Airport Land Use Commission (BC-ALUC)' regarding the actions taken at its August 18th meeting. Pursuant to Section 21676 of the,Public Utilities Code, the Butte County Airport Land Use Commission finds the Butte County's General Plan to be inconsistent.with the Chico Airport Environs Plan, the adopted BC-ALUC Plan for the Chico Municipal Airport. This situation is brought about largely because the County's Chico Area Land Use Plan.incorporates the City of Chico's land use designations for.the incorporated area south of the main runway. Specifically, the-BC-ALUC finds as follows': Find pursuant to Section 21676 of the Public Utilities Code that the County of Butte's General Plan is not consistent with the Airport Environs Plan, the adopted ALUC Plan for the Chico Airport for the following reasons: a. The land use designations described in the General Plan, Land Use Element, Chico Area Land Use Plan conflict with the Airport Environs Plan policies for CLUZ.II, IIP-, III and IV which call for - residential development with one acre per dwelling densities; and b. The Noise Element does not reflect the noise exposure.contours contained in the Airport -Environs Plan. Jane Dolan August 24, 1983 Page 2 The -staff report prepared for the BC-ALUC, a copy of which is attached, provides additional background material on the law and the current situation. Rather than amend the Chico Airport Environs Plan to accommodate the land use plans of the City of Chico, the BC-ALUC wants to study the issues and plans more closely. Ultimately the BC-ALUC will make'a recommendation on the best means to resolve the ' conflict and carryout their responsibilities. .The BC-ALUC has scheduled another meeting on October 6th to discuss this matter withrepresentatives of the City of Chico Planning Department. If you have any questions please contact the Planning.Department. Sincerely, B. A. Kircher Director of Planning Charlie woods Senior Planner CW/sk Attachment: Staff Report of August 12 to BC-ALUC cc:' Karl Ory, Mayor City .of Chico Del Simsien, County Counsel Tom,Lando., Planning Director BC-ALUC LAND OF NATU°A,L V:' r A I T;i A.ND 2c U T PLAN NI NG COMMI SSI ON 1 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 PHONE: 53-4501 August 24, 1983 Tom Lando, Planning Director City of Chico P.O. Box 3420— Chico, 420Chico, CA 95926 Re: Minutes and Staff Report from the®Adoption of Chico Airport Environs Plan by BC-ALUC. Dear Tom Lando, Attached are the copies you requested. The item was introduced to ALUC (the Planning Commission) in early 1979 by the Staff report of January 26, 1983. After several continued discussions the Planning Commission (ALUC) adopted the Environs Plan at its April 4, 1979. meeting. We will be sending you a copy of the letter to Mayor Ory. If you have any other questions..plea.se call. Sincerely, B. A. Kircher Director of Planning OF Charlie Woods Senior Planner CW/sk, . Attachments. Butte,®a -- ... 421 IAND OF. NATURAL 'V1JEALTH A1\1D BEAUTY, PLANNING COMMISSION 7 COUNTY CENTER DRIVE OROVILLE, CALIFORNIA 95965 PHONE: 534-4601 August 24, 1983 The. Honorable Karl Ory 'Mayor City of Chico .P,O.''Box 3420 Chico, CA 95927 Dear Mayor Ory This letter is being sent to you on behalf of the Butte County Airport Land Use Commission (BC-ALUC) regarding the actions taken at its August 18th meeting. Pursuant to Section 21676 of the Public Utilities Code, the. Butte County Airport Land Use Commission finds the City of -Chico's General Plan.and Northeast Chico Specific Plan to be. inconsistent with the Chico Airport Environs Plan, the .adopted BC.-ALUC Plan for the Chico Municipal.Airport. .Specifically, the BC-ALUC finds as. follows Find pursuant to Section 21676 of the Public Utilities Code that the City of Chico's General Plan and Northeast Chico Specific Plans are not consistent with the Airport Environs Plan, the adopted ALUC Plan for the Chico. Airport for the following reasons: .a.. The land use designations described in the General Plan, Land Use Element and Northeast Chico Specific Plan conflict with the Airport Environs -Plan policies for CLUZ II, IIP,; III and IV which call for residential development with one acre. per dwelling densities; and b. The Noise Element does not reflect the noise exposure contours contained in the Airport Environs Plan. Karl dry August 24, 1983 Page 2 Additional. information on the law, required findings and nature of the inconsistency is. contained in the staff report prepared by the.department for the Commission. A copy of which is attached. Rather than amend the Chico Airport Environs Plan to reconcile the conflict, the BC-ALUC opted to study the'City's General Plan and Northeast Specific Plan. The purpose of this study is to ensure that long-term safety, noise exposure and land use com- patibility issues are adequately addressed.' In this regard.it was suggested that a representative of the City's Planning Depart- ment be available for the October 6th meeting when this matter will be discussed again If you have any questions please do not hesitate to contact this office. Sincerely,. B.- A. Kircher Director of Planning Charlie Woods Senior Planner Cw/sk Attachment: Staff Report of August 12 to BC-ALUC cc: Jane Dolan, Chair, Butte County Board of Supervisors Del Simsien, County.Counsel •, Tom Lando, Planning Director, City of Chico BC-ALUC �.Depna manl-nl filealoymnQ To: Butte County Airport Land Use Commission (BC-ALUC) FROM: .Planning Department SUBJEcT: Consistency Findings - Chico, File No.: ALUC DATE: August 12, 1983 BACKGROUND: AB 2920 enacted last year changed the lass regarding the operation, authority, and responsibilities of County ALUC's. The new law more clearly relates the role of ALUC to the planning process. In general each jurisdiction's general, specific, and airport master plans must be consistent with the adopted ALUC Airport Plan for their.respective airport areas. When not found consistent, Cities/Counties can either amend the plans to make them consistent or overrule the ALUC by a two-thirds vote if it makes specific findings. Attached is a copy of AB 2920 and an outline and review of the law as it relates to Butte County., To accommodate the transition from the more individual project oriented review to the broader review process reflected in the new law, an initialization period is provided for. All jurisdi- citions.must submit their general and specific plans to the ALUC by July"lst. Each ALUC must make its findings on consistency by August 31 st. In late June the City of Chico submitted their General Plan and Northeast Chico Specific Plan foi a review and finding under the law. The Chico Airport Environs Plan, prepared jointly'by the City of Chico and County of Butte was adopted by ALUC as its airport plan- for lanfor the Chico Airport. A review of these documents indicates that the City of Chico's General Plan,p.articularly the Land Use Element, Land Use Map and Northeast Chico Specific Plan are not consistent with the Airport Environs Plan. The Commercial, Medium and Low Density Residential designations conflict with the standards/policies of compatible land use zones (CLUZ): II, IIP, III and IV: The Airport Environs Plan's recommendations were made when SR -1 zoning was possible. However, this option has been largely eliminated by the General Plan Amendment, Specific Plan and Northeast Sewer District. An examination of the Draft Airport Land Use Planning Handbook, prepared for the Division of Aeronautics,,indicates that while the City's pians are in conflict with the Airport Environs Plan, they. do not themselves appear.to conflict with or represent a significant hazard to air traffic or persons on the ground. As a -result the Airport Environs Plan should be amended to reflect the relative hazards of the first 5,000 and second 5,000 -feet' of the approach surface. The City of Chico has acquired the most hazardous and. restrictive first 5,000 feet while a prohibition on public assemblages BC-ALUC �--� Consistency 1Fi� �_eAgs Page -2- August 12, 1983 should be adequate for this purpose. Other relatively minor' inconsistencies exist"between the two documents such as small differ- ences in.the noise contours, etc: These can more easily be re- conciled by amendments to the appropriate Element.of the General Plan. As the review and status outlin,'indicates, the Butte County ALUC has not adopted an airport land use plan for the Oroville Airport. Commissioners Schrader and Behunin have done considerable research on the issue including the development of noise contours (attached) which will enable the Commission and staff to prepare a plan for Oroville. The City planning staff has proposed and the City's Airport Commission adopted an amendment to the*City's Airport Environs Plan to.overcome the inconsistency. A copy is attached. The City's.amendment, does not automatically change the ALUC Environs Plan. Such an amendment would have to be.-consi'dered' separately by ALUC. ALUC's responsibilities extend to the County as well as the City of Chico. Because the County's Chico Area Land Use Plan reflects the City's land use designations in the same area, the same findings are applicable. Likewise there"are minor differences between the ALUC Airport Environs Plan and other Elements of the County's General Plan which can be resolved through future amendment.. Neither the County nor the City staff is aware of any loss of status, funding or other punative outcome ..ofa finding of incon- sistency.In fact the period between July 1, 1983 -and December 31, 198 i .3 is'established to reconcile local plans with those of the ALUC. RE COMIMEN DATI ON 1. Find pursuant to Section 21676 of the Public Utilities Code that the -City of Chico's General Plan and Northeast Chico Specific Plans are not consistent with the Airport Environs Plan, the adopted ALUC plan for the Chico Airport for -the following reasons: a. The land use designations described in the General Plan, Land Use Element and Northeast Chico Specific Plan conflict with the* Airport. Environs Plan policies for CLUZ II ,, IIP, III and IV which call for residential development with_one acre per dwelling densities; and b. The Noise Element does not reflect the noise exposure contours contained in the Airport Environs Plan. 2. Find pursuant to Section 21676 of the Public Utilities Code that the County of Butte's General Plan is not consistent with the Airport Environs Plan, the adopted ALUC plan for the Chico Airport for the following reasons: BC-ALUC = r Co:zsistercy Fil(Das 1- � Page -3- August 12, 1983 a. The land use.designations described in the General Plan, Land Use Element,.Chico Area Land Use Plan conflict with the Airport Environs. Plan policies for CLUZ II, IIP, III and IV which all for residential development with one acme per dwelling densities; and b. The Noise Element does not reflect the noise exposure contours contained in the Airport Environs Plan. 3. These findings shall be transmitted to the respective legislative bodies of the City of Chico and County of Butte pursuant to Section 21676 of the Public Utilities Code. 4. While making these findings of inconsistency the Butte County' .ALUC believes that duties of the ALUC and the public health, safety and welfare can best be served by.the amendment of the Airport Environs Plan along.the lines described in the.staff report. Furthermore itis the intent.of the Butte County ALUC to initiate and complete such anamendment within a resonable time. ATTACHMENTS: AB 2920 (1982) Chico Airport Environs Plan Amendment Adopted by.the.Chico Airport Commission Outline and Review of Law Relating to Airport Land Use Commission - Noise Contours Overlayed on Draft Oroville Area Land Use Plan CDW:1r �CITYoi CHICO INC 1971 f`LANNING OFFI Fill') and k4am S!ree,S. PC) Bo, 342,' C••1rc^. CA 9592= 1916; 95�_-<351 ATS$ 459-4851 Bettye Kircher, Planning Director County of Butte 7 County Center Drive Oroville, California 95965 RE: Airport Environs,Plan O August 2, 1983 "a Co. F anrl;n C=,, -a. AU G 12 1883 OroYale, C.a;fQgaq Dear Bettye: Attached is a copy of Minute Order #5-83 adopted by the City -of Chico Airport Commission on July 26, 1983. The Minute Order recommends that the Butte County Planning Commission, acting as the Airport .Land Use Commission, amend the Airport Environs Plan to delete specific density or zoning restrictions specified in the Compatible Land Use Zones and to replace these with a general prohibition on the development of .places of .public assembly such as hospitals, churches and schools. It should be clearly understood that in making this recommendation, the Airport Commission is still quite concerned about land use compatibility surrounding the Chico Municipal Airport. In part, this recommendation is a recognition that the City owns the clear zone north and south of the airport, which includes the first mile of the approach zone. The recommendation made by the Airport Commission .for the change in the Airport Environs Plan is entirely consistent with federal and state.law and the guidelines recommended for the implementation of AB 2920 by the Department of 7.ransportation, Division of Aeronautics, which were released on June 6, 1983.- . I wduld hope that the Butte County Planning Commission, acting as'Airport Land Use Commission, could move quickly to amend the Airport Environs Plan. The. City .is quite concerned in taking all the steps necessary to meet the timing requirements. sett up by, AB 2920 and would be ,happy to assist you in any way possible. I appreciate, the cooperation received to date, including the analysis work done by your staff.. If.I can be of.further assistance, please let me know. _ Sincerely, Thomas J. 1fando Planning Director TJL : pb CP 10630 A-BC-3',_ cc.:. Airport Cormission W/o.. attachment CM Info DPW Attachment ;CITY ®F CHIC SUBJECT: Revision to Airport Minor hlodification Zones AIRPORT" COMIM Environs Plan to Compatible Land Use NUTS ORDS MM JUTE ORDER NO.: 5-83 FILE: 10537/A -C -OD -2.1 A -C -ST -10 EXPLANATION - PROVIDED BY Tom Lando 1. The Airport Environs Plan was prepared for the City and County in August of 1978 to act as a guideline for the development of the area surrounding the airport. The Butte County Planning Commission, acting as the Airport Land Use Commission, adopted this Plan to serve as their guide in reviewing future development. 2. The Airport Environs Plan establishes a series of Compatible Land Use zones under and adjacent to the flight corridor which are significantly more restrictive than the require- ments of existing law or FAA or State guidelines. 3. Recently adopted law (AB 2920) requires consistency between the Airport Plan adopted by the Butte County Airport Land Use Commission and the City's General Plan. 4. There are currently minor inconsistencies between the Airport Environs Plan and the General P1an:Staff is recommending these'be eliminated through an amendment to the Airport Environs Plan which would delete specific density restrictions in each of the Compatible Land Use zones and replace those restrictions with a general restriction prohibiting the development of places of public assembly such as hospitals, churches and schools. 5. This in no way, affects the safety of either the residents or the pilots and it should be. kept in mind, that the City actually has an ownership the .first mile at both the north jnd sout� p of the runwa� In a�dit on avpi.ltion,easemeeUts are rgu�tade.in connec ion wi a Neve opment a jacent o he fir o as is compliance wi Administrative Code Title 25 which limits interior noise levels in new homes. RECOI D, ENDATION Recommend that the Butte County Planning'Commission acting as the Airport Land Use ommission amend the Airport Environs Plan to delete specific density or zoning restrictions cnarifiPH in the Compatible Land Use zones and realace these with a general prohibition on the development of places of public assembly such as hospitals, churches and schools. COMMISSION ACTION MEETING OF JULY 26 1983 hereby certify that the Airport Commission took the following action on this Minute Order at its (XX) Regular ( ) Adjourned Regular ( ) Special Meeting held 7-26-83 (X) Approved ( ) Disapproved ( ) Other (explain below) red Davis Cit M CERTIFICATION I hereb certify that the above is a .true and .correct_ copy of the original Minute 6rder on file in the Office of the City Manager DISTRIBUTION ?reliminary: Final: Files - 2 _ Planning Director - 1 t Inter-Departm'in, I Memorandum TO: Planning Commission FROM: Bob Gaiser, Planning SUBJECT: Chico Municipal Airport Environs Plan DATE: January 26, 1979 Enclosed are copies of the final draft of the "Chico Municipal Airport Environs Plan" prepared for the County and the City of Chico by R. Dixon Speas Associates, Inc. of Los Angeles. This memorandum is intended to expedite the Commission's understanding and use of this complex document by rcviewing the bac?-,ground of the project, summarizing the report's findings and recommendations, and proposing possible courses of action. Background: In P.-Iarch of 1977 the Board of Supervisors, in considering a private rezone proposal southeast of the airport, found the rezone EIR insufficient because the aircraft noise factor had not been adequately considered.. The Board then adopted an interim zoning scheme for the airport area and directed staff to '.'formulate an EIR. on the entire area". In April staff contacted several consultants about the project and invited two qualified firms to present their proposals at a joint meeting of the Chico Planning Commission, County Planning Commission. ani Chico Airport Commission. Staff then submitted a complete work program_ to the two firms and presented their bids to the Board of Supervisors. The Board approved a $3,600 contract with R. Dixon Speas Associates to conduct a study of existing noise factors only,. requested the City to fund half, and directed staff to perform the other research and.planning activities outlined in the original work: program. In July of 1977 preliminary findings of the noise study were presented ai.a public meeting* at the airport and guided the Board's extension of "A-40" interim zoning within reduced boundaries close to the existing., CNEL 60 contour line. The Commission discussed study findings and airport area zoning in August and. September but further action at that time was halted by the Board's October 18 agreement to participate with the City of Chico in a joint application for a federal planning grant for a compre}iensive "airport environs plan". A grant for $27,800 was approved by the Federal Aviation Administration and R. Dixon Speas Associates was again hired to prepare the complete plan. Speas began work on the study in February 1974 and presented preliminary findings in June at a well -attended public meeting in Chico.. Copies of the final draft -were received by staff in late December 1978. 1 Planning Commission Page -2- Facilities and Operations: Operations of. Chico Municipal Airport are directed by a 5 -member Chico Airport Commission and administered by the Chico City r,Ianager. The main runway is 6,722 feet long and is used by all larger aircraft and 700 of general aviation flights. It is parallelled to.the west by a 3,000 foot runway.used by small general aviation aircraft. Hughes Airwest is the only air carrier at present with four daily flights by DC -9s, two each to San Francisco and Klamath Falls. 6S% of Airwest takeoffs and landings use the south end of the main runway; the flight path for these operations extends out .from the runway to Coh asset Road and. then turns eastward toward the Hooker Oah area. Norcal and Eureka Aero both provide scheduled air taxi service to nearby cities with twin -engine propeller aircraft. Cleneral aviation totals include crop dusters, small jet flights by Japan .airlines pilot trainees, frequent landings by miscellaneous military aircraft, and seasonal operation of fire bomrers by Pacific Aero Union for the State Division of. Forestry. Total aircraft landings and tal:oof.fs are forecast to increase from 91,000 in 1977 to bett.;een 270,000 and 372,000 in 1998, representing a groirth of 5.3% to 6.11% annually. Air carrier movements alone are predicted to grow from 1.85 to 3.1% annually and may include the use of Larger Boeing 727 type jets Juring the next 20 years. Noise: Typical background noise levels around the airport range rom 30 to 40 decibels during the day and 27 to 39 decibels at night. Aircraft noise levels are related to the size, power and number of engines, the type of operation and the distance to the listener. The most significant aircraft noise exposures result from the 8 daily Airwest operations, the occasional Janan Airlines, training flights and the seasonal fire bomber f.li� hts; noise levels can reach 95 to 97 decibels on the ground. during DC -9 operations. Areas under small aircraft can experience peak sound levels of 56 to 62 decibels, comparable to the level of auto traffic on Cohasset Road from 10n feet away. As required by State legislation and. the California Department of Transportation, aircraft noise exposures are expressed as Community Noise Equivalent Level (CNEL) values. The CNEL method. combines all noise levels over an average 24-hour day in.to a single number reflecting typical community response to multiple noise exposures. Accurate data on flight operations and actual noise measurements is fed into a comnuterized model which multiplies noise levels during the evening (7-1.0 n.m.) by 3 an.d. those during the night (10 p.m. - 7 a.m.) by 10 to account for the increased annoyance from uch noises. The 1977 contours for CNEL 55, 60, 65 and 70 are s.'iown on drawing C1C-2 on Page 4-1.0, and 1994 CNEL contours are shown on drawing C1C-3 on Page 4-26. CNEL contours are determined largely by operations of DC -9s and other major aircraft and therefore parallel `4W Planning Commission Page -3- the main runway, extend .further to the south than the north, and bulge around the north end of the runway -here aircraft runup their engines before takeoff. Because many factors ran cause actual noise exposure levels to vary widely, the CNEL contours are shown by a band approximately 200 feet in width. Sound levels for typical noise environments are shown on pages 4-35 and 4-42. Exhibit 4-4 on page 4-33 shows State Health Department criteria for compatibility of land uses with CNEL, values. These guide- lines intend to provide the community with a generally acceptable noise environment and were included in the Noise.F.lement adopted by the County in March 1977. The guidelines state that low density residential uses are normally acceptable in noise environments up to CNEL 60, multiple family residential un to CNEL 65, commercial.up to CNEL 70, and industrial and agricultural up to CNEL 75. In addition, airport noise standards were adopted into the California Administrative Code in 1970 which established CNEL 65 as the maximum "level of noise acceptable to a reasonable person residing in the vicinity of an airport"; by 1946 no dwell- ings shall be included in CNEL, 65 contours around California airports'. The impact of aircraft noise can also be mitigated by a variety of modifications in aircraft operating procedures,airfield development or airport operation, but most of the alternatives .are either not necessary or effective at Chico Municipal .Airport' or are not supported by the Federal Aviation Administration. The City should actively encourage all pilots to use the designat- ed approach and departure corridors. Because of the relatively undeveloped nature of the approach areas, Speas recommends prevention of incompatible encroachments rather than remedial modifications of operating procedures. One noise abatement option which may be desirable in the future is to limit jet operations to daytime hours (7 a.m. - 7 p.m.). Design of nearby residential development should consiJer the noise reduction potential of earth berms and enhancement of natural terrain barriers. Safety: In order to preserve unobstructed airspace around airports, FAA regulations outline criteria for 5 different imagin- ary surfaces or 3-dimensional spaces which should not be occupied by buildings or other obstructions. The only penetrations at present are 3 ridges and. a power transmission line located 1 1/2 miles east of the airport. The imaginary stir -faces described should be incorporated into city and county height restriction ordinances to prevent further manmade obstructions. A sample height restriction ordinance is presented in Appendix B of the report which would require use permits or variances for any proposed new obstructions. 0 Planning Commission Page -4- u *y An examination of aircraft accident causes and locations revealed that accident rates associated with the Chico Airport are sub- stantially lower than national averages. Proposed height restriction ordinances and noise zone criteria should he adequate to protect flight operations and the general public without any additional safety restrictions. Existing Setting and Development Soils in the area originated from a variety of sedimentary deposits and volcanic flows,andmost are poorly suited for septic tanks. Vegetation consists mostly of grasses with a few trees and shrubs. The airport region is a relatively sparse wildlife habitat. Slope is very gradual from northeast to southwest with the exception of several small lava flows just north of the airport and the foothill ridges 1 1/2 miles to the east. Several archaeological sites have been identified in the area, and it is probable that more are located along the seasonal streams. The City of Chico owned 1100 acres of airport -related property before 1977 and is in the process of buying S00 more acres for clear zones in extended approach areas; all of the projected CNEL 65 -plus area will be on city property when acquisition is completed soon. City land just east of the terminal and runway has been developed into an industrial parr: with several manufact- uring and processing operations. Unincorporated land around the airport is largely devoted to cattle grazing with af.ew other isolated agricultural uses. Some scattered single-family residences within the CNEL 55 contour are located along Hicks Lane, Keefer Road. and just north of the airport industrial area. The most intensive group of uses is located along Eaton Road, Lassen Avenue and Cohasset Road near their intersections; development here includes several small - lot subdivisions, apartments, a mobile home park, 4 churches and a variety of businesses. The projected CNEL _SS contour also includes quite a few single-family residencesand apartment units along the north ends of North,Ceres, Floral, Mariposa, Ceanothus, Marigold and Cactus Avenues. California Water Service Company provides domestic water service to the airport and to the urban development south of Sycamore Creek. Sewage disposal is by septic tanks in all unincorporated areas; only the airport has a community sewer system. Portions of the major seasonal drainage channels, stud Creek and Sycamore Creek, have been widened and leveed by the Army Corps of Engineers. 4 �AA Planning Commission Page -5- 0 Land Use Recommendations: Noise exposure conditions and. safety considerations a ong Me_ aircraft flight tracks were combined with legislative requirements to .form Compatible Land Use Zone (CLUZ) areas The boundaries of CLUZ areas are shown on drawing CIC -13 on Page 3-5, the "Land Use Compatibility Map", and follow parcel boundaries except where Interim Zoning boundaries have split parcels already. The criteria presented For each CLUZ area in Section 8 are summariz- ed on the last page of this memo. Speas' recommendations attempt to preserve as much freedom as possible for property-oi,glers with- out jeopardizing airport operations. Residences need be totally prohibited only on airport property and in the adjacent 160 acres in the CLUZ IIP area southeast of the airport.. In the other CLUZ areas (II, III, IV & V) recommended residential densities range from one dwelling unit per 40 acres to one single-family residence per small urban -size lot. Single mobile homes and mobile home parks.are both excluded from all CLUZ areas, either specifically or by the recommended zoning. New residences in the CLUZ II and III areas should be constructed to provide an indoor noise level of CNEL 45 or less. Commercial and industrial uses may be permitt-ed in all CLUZ, areas but restaurants, offices and lodging require an indoor noise level of CNEL 45 or less in the CLUZ I and IIP areas. Speas also rec- commends that use permits .for public, quasi-public.or recreational uses not be granted in the CLUZ IIP area and part of CLUZ II. In the CLUZ I and IIP areas other proposed uses.should be subject to the State IIealth Department noise guidelines described on Page 3 of this memo. In the CLTJZ areas permitting residences Speas has also recommended that the County initiate several procedures which would notify builders and property buyers of the noise and flight corridor contraints presented in this report. A Map of Record displaying noise and safety factors should be filed with the County Recorder's Office; this map would then become part of the title report pre- pared for prospective buyers during the escrow period. This in- formation could also be disclosed through such optional methods as deed attachments, flight clearance easements, or statement in public reports for subdivisions. The Chico Board of.. Realtors is encouraged to voluntarily disclose the findings.in this report. Speas further suggests that the County distribute guidelines for noise reduction methods to building permit applicants developing property in the CLUZ IV and V areas. Speas recommends that the General Plans of Butte County and the City of Chico both be modified. to implement the recommendations contained herein and that County zoning then be changed in conformance with CLUZ criteria and the revised General Plan. Likewise, the provision of utility lines and other capital improvements should be managed so as not to encourage incompatible development. 5 J Planning Commission Page -6- Staff 6- Staff Comments: Pursuant to requirements of the Public Utilities Code, t e Board of Supervisors designated the Planning Commission as Butte County's "Airport Land Use Commission" in 1970. By that designation the Commission was legally mandated to formulate a long-range land use.plan .for the area surrounding each public airport in the county; each plan may include land use specifica- tions, height restrictions on buildings, building standards, and soundproofing. The Speas report represents not only the partial fulfillment of. the County's responsibilities for airport land use planning but also the climax of many years of discussion between the County and the City about the need to protect the airport's operations by preventing incompatible development nearby. In order to translate the report's recommendations into enforcable plans and ordinances, it is obvious that further discussions will be -required in the cooperative spirit which led to a joint grant application .and the preparation of a comprehensive report. The first step for all involved is to reviei;i the document care- fully and to evaluate the intent and feasibility of Speas' recommendations. At your next meeting staff will present the highlights of the report and will be Prepared to answer c;uestions about its findings and proposals. Subjects which ire believe merit serious consideration include: the meaning of CNEL values, State noise guidelines, height restriction ordinances, disclosure methods, noise insulation, residential densities and the scone of the planning area. Recognizing the possible delays in the adoption of the Land Use Element Text, we propose a careful step-by-step approach to the completion of the land use plan :for the airport area. Each of the above subjects must be understood and related issues resolved before we move on. The Commission must then evaluate the future development of this area from a comprehensive viewpoint, consider- ing not only the existing setting, development and facilities but also the City's plans for sewers acid annexation, industrial needs, housing* demand, transportation systems, and the many other concerns of the new Land Use element and entire General Plan. Proposals for Land Use Plan map changes and rezoning can then be based on a complete application of adopted policies, site designation criteria and zoning factors. s IV. CNEL 55-60 IN CORRIDOR a. SR -1 .zoning. b. No mobile home parks. c. Map of Record L voluntary disclosure of constraints. d. Distribute noise reduction guidelines to builders. V CNEL 55-60 OUT OF CORRIDOR a. SR -1 zoning on suh-area S, b. SR zoning otherwise. - c. No development in flight corridors. d. Distribute noise reduction guidelines to builders. i � CRITERIA FOR COMPATIBLE LAND USE ZONES 1. CNEL 65 OR HIGHER: AIRPORT PROPERTYjr^^//�1 r VV1 1 h� �. �� ,� i�f s a. No rest b. CNEL 45 ential evelopment. indoors for offices,commercial and lodging. G Own C. Other uses subject .to :State Health guidelines../ C ZahI�q IIP. CNEL 60-65 IN CORRIDOR: PROTECTED AREA. a. No rest entra-1 development - agricultural zoning. b. No public,quasi-public or recreation with people concentrations. C. CNEL 4S d. Other indoors f..ar offices, commercial and lodging. �o State uses subject to Health•guidelines. Cam- D►' h� I I . CNEL 60-6S IN CORRIDOR a. CNEL 4S in oors -or all residences. b. No mobile home par}:s . R C. Map of Record ; voluntary disclosure of constrain•ts. Sub-'a'rea X. SR -3 zoning F, no public or quasi -public uses. Sub -area Y. SR -1 zoning F, public or quasi -public allowed. Sub -area Z. SR -1 zoning ; no public or 'quasi -public uses. III. CNEL 60-65 OUT OF CORRIDOR a. CNEL 4S indoors Eor single-family residences. b. Map,of Record F, voluntary disclosure of constraints. Sub -area J. ,SR -1. zoning. Sub -area K. SR -1 zoning. Sub -area L. SR- zoning , no residences on east side.? Sub -area M.. A-40 zoning F7 no residences on east side.? Sub -area N. M4- or P�I- zoning F, no residences.? IV. CNEL 55-60 IN CORRIDOR a. SR -1 .zoning. b. No mobile home parks. c. Map of Record L voluntary disclosure of constraints. d. Distribute noise reduction guidelines to builders. V CNEL 55-60 OUT OF CORRIDOR a. SR -1 zoning on suh-area S, b. SR zoning otherwise. - c. No development in flight corridors. d. Distribute noise reduction guidelines to builders. i �