Loading...
HomeMy WebLinkAboutMINUTES - 09111990 - 1.81 i > TO.. BOARD OF SUPERVISORS j FROM: Contra \I Harvey E. Bragdon r\J'/,��Jly�,} Director of Community Development Costa DATE; Co rty August 8, 1990 vvt.� SUBJECT: ALUC Requests to Establish a Development Moratorium for the East County Airport Environs and to Authorize Funding for a ons it _an --PraparP�j-rpnrt Plan SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION Refer the ALUC Development Moratorium and Plan-Preparation Funding Request to the following entities for report and recom- mendation: Internal Operations Committee Finance Committee County Administrator x :'& - Director of Community Development - Director of Public Works County Counsel SUMMARY Attached is a resolution which was unanimously adopted by the nAirport Land Use Commission requesting the Board— of­Supervisors­­1 !.'author'ize funding for a consultant-prepared plant ±to 'restrict land uses around the East County Airport. The resolution is also seeking the establishment of a moratorium until the consultant-prepared plan is adopted. Also attached is a staff-prepared plan proposal which the Commission has reviewed and which the Commission will be' hearing in September. The latter plan would satisfy the Commission's responsibility under State law, but may be less yielding than might be attainable with a more state-of-the-art plan.. BACKGROUND In recognition of the value of public-use airports,­` St"ate law .; ; provides for airport land use planning for the areas around public-use airports. Airport land use planning is primarily concerned with regulating structure heights; assuring noise compatibility and providing for public safety. Locally, this function is performed by the Contra Costa County Airport Land Use Commission (ALUC) . The policy document generated by ALUCs is z �L CONTINUED ON ATTACHMENT: YES SIGNAT E: 4i RECOMMENDATION OF COUNTY ADMINISTRATOR R COMM D TION O )ARD COMMITTEE APPROVE OTHER SIGNATURE(S): n ACTION OF BOARD ON Septgmber 11, 1990 APPROVED AS RECOMMENDED X1 OTHER. " VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ABSENT `I S&" III AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Community Development CC— public Wotks ATTESTED _._Sep;e,' er j_,,1"990 __..,....•w County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF County Adm. SUPERVISORS AND COUNTY ADMINISTRATOR (�Copies_of=Plan-Pr-oFiasal may=be--ob.tained, fromCorunty=Deve1"opmen't=Dep.t.:,) M382,17,43 BY ... . .. ._. .. DEPUTti I 2 . known as a Comprehensive Land Use Plan (CLUP) . Following adoption by the ALUC, the policies in the CLUP are intended to be integrated into the general plan policies and zoning of local agencies. In 1988, the County acquired and converted the private Byron Airport into a public use airport, the East County Airport. Acquisition of. other adjacent lands are also planned to allow for the planned expansion of the airport. By law, the Contra Costa County ALUC is required to adopt a CLUP for the new airport, however, for reasons discussed below, has not done so to date. Commission Resolution Attached is a Resolution which was unanimously approved by the Commission on June 13, 1990 requesting the Board of Supervisors to authorize funding for the hiring of an aviation-consultant to prepare a "state-of-the-art" CLUP for the East County Airport. The resolution is also requesting the Boards of Supervisors of Contra Costa County and Alameda County to establish a development moratorium for the area around the airport pending adoption and , implementation of the plan. The Commission wishes to avoid some of the land use issues which have affected Buchanan Field. These issues concern noise impacts and public safety. The Commission feels that a state-of-the-art plan is needed to prevent these issues from becoming a problem at the East County Airport. Because of the technical nature of these issues, the Commission feels that such a plan should be prepared by a qualified aviation consultant. The cost of hiring a consultant for this task is estimated at $20, 000 to $35, 000. The Commission lacks an independent funding source for such an undertaking and therefore has no choice but to approach the County as airport operator for support of this request. The Commission is also concerned with recent real estate activity in the vicinity and possible development that might be considered before a state-of the-art plan is in place. Such development might prove to be incompatible with the long-term protection of the planned airport facility. Accordingly, the Commission is requesting Contra Costa and Alameda Counties to establish moratoriums for the area near the airport. See map attached to the Commission resolution. Other Planning Considerations The California Legislature determined that a number of public-use airports in the State like the East County Airport are lacking an adopted CLUP. Last year, in an attempt to prompt the adoption of CLUPs for all airports, the legislature adopted SB 255 (Bergeson) . That law provides for the following: If a public-use airport (including the East County Airport) does not have an adopted CLUP by June 30, 1991, a development moratorium is automatically established for the area around the airport (generally encompassing a two-mile radius around the airport) ; the moratorium remains in effect until a CLUP is adopted by the ALUC; `i 1 • i I i i i 3 . Until a CLUP is adopted, local jurisdictions must refer all proposed projects to the ALUC for review and approval; the mandatory referral requirement applies to proposed projects as small as an addition to an existing residence; the ALUC must make certain findings before projects can be approved; if the ALUC rejects a project, then the project can only be approved by the jurisdiction's governing body after making the mandatory findings and with a minimum two-thirds vote; Staff-Prepared Draft Plan Attached is a staff-prepared CLUP proposal for the East County Airport. The ALUC has reviewed the plan in study session and directed staff to schedule the proposed plan for public hearing. The Commission will be considering the proposal at its September 12, 1990 hearing. The proposed plan is intended to provide interim protection of the airport until a more technically-sophisticated plan can be prepared and adopted. The proposal is relatively conservative in the types of lands uses identified as compatible. It is thought that a more state-of-the-art (consultant-prepared) plan might be more definitive about airport impacts and therefore might be more yielding than the staff proposal. The major features of the staff-prepared plan are the following: - Only open space/agricultural uses would be allowed within 2 miles of the airport. Existing Forestry- Recreational and Industrial zoning north of the airport would have to be changed. Sizes of new parcels would have to be at least 5 acres. An overlay zoning district would have to be adopted by Alameda and Contra Costa Counties to restrict the height of new structures. Attachments ALUC Resolution Description of SB 255 (Bergeson) - Proposed (Staff-prepared) East County Airport Plan BDIII/P1an.RD r r I I i f RESOLUTION NO. 1-90 (ALUC) RESOLUTION OF THE AIRPORT LAND USE COMMISSION OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA REQUESTING FUNDING SUPPORT FOR THE PREPARATION OF A COMPREHENSIVE AIRPORT LAND USE PLAN FOR THE EAST CONTRA COSTA COUNTY AIRPORT AND THE ESTABLISHMENT OF A DEVELOPMENT MORATORIUM FOR THE AIRPORT ENVIRONS PENDING ADOPTION OF A PLAN WHEREAS, State law requires that Airport Land Use Commissions adopt Comprehen- sive Land Use Plans (CLUPs) for all public-use airports, including the recently established East Contra Costa County Airport, based on planned airport opera- tions; and WHEREAS, public comments concerning Buchanan field operations underscore the need for a "state-of-the-art" CLUP for the East County Airport that thoroughly reviews such technical issues as overflight compatibility and public safety; and WHEREAS, only limited technical resources are available to the Airport Land Use Commission for such an undertaking; and WHEREAS, until an appropriate CLUP is adopted and implemented for the East County Airport, the planned use of the airport, and the County investment in the new facility, is in jeopardy; and WHEREAS, the risk to the airport stems from potential changes to the existing general plan and zoning as well as from possible new development under existing zoning (e.g. , new windfarm projects or subdivision of Byron Hot Springs) ; and WHEREAS, recently enacted legislation (SB 255, Bergeson) which extends additional powers to the ALUC is not sufficiently restrictive to assure protection of the airport pending adoption of an appropriate CLUP. NOW, THEREFORE, IT BE RESOLVED that the Airport Land Use Commission respectfully requests that the County of Contra Costa IMMEDIATELY AUTHORIZE FUNDING to the Airport Land Use Commission to retain the services of a qualified aviation consultant to prepare a Comprehensive Land Use Plan for the East County Airport; funding should be sufficient to allow field measurement of existing noise conditions and state-of-the-art techniques for projecting future noise impacts from the airport; and BE IT FURTHER RESOLVED that the Commission requests that the Board of Super- visors of Contra Costa and Alameda Counties IMMEDIATELY ESTABLISH DEVELOPMENT MORATORIUMS for the East County Airport environs encompassing the area within the perimeter of the Airport Horizontal Surface (an approximate 2-mile radius around the airport) as indicated on Exhibit A; that said moratoriums remain in effect until an appropriate CLUP is adopted and implemented by local agencies; and that said moratoriums preclude approval of any of the following: changes to zoning or general plan policy that might allow more intensive development than is attainable under existing policy.; RESOLUTION NO. 1-90 (ALUC) applications for subdivision, development plan, land use permit, or variance to structure height requirements; BE IT FURTHER RESOLVED that if the requested plan-preparation funding is granted and moratoriums established, the Commission pledges to diligently complete the Plan review process at the earliest possible date; and BE IT FURTHER RESOLVED. that the Commission also pledges to try to reimburse the County of Contra Costa for funds expended in the preparation of the CLUP from prospective State Division of Aeronautics funding sources; and BE IT FURTHER RESOLVED that the Chair and the Secretary of the Airport Land Use Commission shall respectively sign and attest this resolution and deliver same to the Boards of Supervisors of Contra Costa and Alameda Counties. The instructions by the Airport Land Use Commission to prepare this resolution were given by- motion of the Airport Land Use Commission on Wednesday, June 13, 1990 by the following vote: AYES: Commissioners - Schaefer, Ellis, Cooper, Otto, Anthony, and Campbell NOES: Commissioners - None. ABSENT: Commissioners - None. ABSTAIN: Commissioners - None. Chair of theirpor Land Use Commission, Co Costa County State of California ATTEST: Secretary of the Airport Land Use Commission, Contra Costa County, State of California RD/aa Bob2%Funding.RD 2. N Occ j�a 00 o U y y �• t �. k I Fm LL POP { , r LSA r .. ts IL fi , ,iA � fir.,1_ .,1 1 '� _ 5a ��l. _ f�.._ ■■ • /t ��b1' ,lirj,J ^ t> ilt. o-y t; l t-' r� 1. 7{= [fy ,a t