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
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CONTINUED ON ATTACHMENT: YES SIGNAT E:
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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
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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;
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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
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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
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