HomeMy WebLinkAboutMINUTES - 11061990 - H.3 BOARD OF SUPERVISORS
FFMM Harvey E. Bragdon, Contra
Director of Community Development Cx)sta
DATE'.' October 23, 1990 coury
sUBJECT: Proposed Urgency Interim ordinance to Restrict Development in the
East County Airport Environs (File JZT 1-90)
SPECIFIC REQUEST(S) OR RECCWENAATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt the proposed ordinance.
BACKGROUND/JUSTIFICATION
Now that the County has acquired and instituted the East County
Airport, the Airport Land Use Commission is required to prepare
and adopt a Comprehensive Land Use Plan (CLUP) . The Plan is
intended to provide guidance to the County Planning Agency and
other local agencies (i.e. , Alameda County) in identifying
compatible land uses for the airport environs.
Earlier this summer, the ALUC became concerned that technical
assistance was needed to assist the Commission in the preparation
of a CLUP. The Commission wishes to establish a "state-of-the-
art" CLUP for the new airport; one which will assure that the
kind of issues encountered with Buchanan Field (public percep-
tions of airport noise incompatibility and hazards) will not be
replicated. To this end, the ALUC has requested the Board
allocate funding to hire a professional aviation consultant to
prepare a workable plan. Until a plan is prepared, adopted and
implemented, the Commission has also requested the Board adopt a
development moratorium for the airport environs.
Meeting with Supervisor Torlakson
On September 20, 1990 Supervisor Torlakson met with the Chairman
of the ALUC, Joe Campbell, and with staff. At that time,
Supervisor Torlakson agreed to try to obtain the necessary
funding to permit the. hiring of a consultant for the preparation
of a CLUP for the ALUC. The Director of Community Development
also indicated his intent to propose to the Board of Supervisors
adoption of an urgency interim iordinance to restrict development
within the vicinity of the airport until a CLUP is adopted and
implemented.
Effect of Proposed ordinance
The effects of the proposed ordinance are essentially two-fold.
First, the ordinance would require the Zoning Administrator
review all proposed development within a 3-mile radius of the
airport (between the Town of Byron and Alameda County; see
Exhibit I of the proposed ordinance) . The purpose of the review
would be to determine whether the proposed development would be
compatible with the planned East County Airport. This review is
intended to supplement (not replace) existing temporary ALUC
review authority of proposed actions near the airport. The
proposed ordinance would mimic existing review procedures which
the ALUC is administering. The Zoning Administrator review would
provide for a public hearing which would follow the ALUC deter-
mination on the proposed project. The function of the Zoning
Administrator review would be to spot any incompatibilities which
might escape the attention of the ALUC.
It should be noted that any project incompatibility determination
(denial action) by the ALUC can only be overruled by the Board of
Supervisors by two-thirds vote after making certain statutory
findings. Further, the proposed ordinance encompassesv the Town
of Byron, however, building permit applications within Byron
proper would be exempt from the Zoning Administrator review and
hearing process.
The second effect of the proposed ordinance would be to establish
structure height limitations for the vicinity of the airport. In
most cases, the proposed structure height restrictions will not
be any more restrictive than existing code regulations. The
principal effect of this measure would be to limit new wind
turbines on the hillside slopes immediately west of the airport.
Wind turbines, or other tall structures, in this vicinity could
encroach on the airspace which the FAA has indicated needs to be
protected in order that the planned airport operations can be
safely conducted. The ordinance would not interfere with the
establishment of already approved wind turbines.
At its October meeting, the ALUC recommended that the -Board base
any interim ordinance on these structural height restriction
standards.
Duration of Interim Ordinance
It is unclear at this point exactly how long the urgency interim
ordinance will need to be in place. If Supervisor Torlakson and
the County are successful in providing the necessary funding for
the consultant-prepared plan by the end of December, completion
and adoption of 'a CLUP would not be expected until June, 1991.
Staff would expect to recommend the Board extend the application
of the urgency interim ordinance (beyond the initial 45-day
.period) to allow for continued protection of the airport until
the CLUP plan process is completed.
CONTINUED ON ATTACHMENT: YES SIGNATURE;
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
This is the time noticed for hearing on the proposed urgency
interim ordinance to restrict development in the East Contra Costa
County Airport environs.
Karl Wandry, Community Development Department, explained the
ordinance. He advised that the Airport Land Use Commission and the
Public Works Department .have recommended support.
The Chair opened the public hearing and the following appeared:
Joe Campbell, P. O. Box 5553 , Walnut Creek, representing the
Airport Land Use Commission, urged approval.
Andrew J. Regis, 258 Elm Street, New Canaan, Ct. 06840,
representing Unimin Corporation, advised that his company will be
engaged in mining operations in the area for the next 20 years, . which
operations will include creating dust, and the filling of some mining
excavations with water which will attract birds. He explained that
the County' s reclamation agreement provisions require reclaiming
wildlife habitat. He stated that he wished to go on record, not
objecting to the airport, but to make the Board aware that the Unimin
operations are there.
Supervisor Powers suggested that staff take that into
consideration in terms of reclamation agreement requirements in the
future.
Sam Steward, P. O. Box 19, Clayton, advised that he is opposed to
a moratorium, but favors height limitation.
Karl Wandry advised that there is, on this afternoon' s agenda, a
pending project that is within the 3-mile radius. He recommended that
that project be exempt because it is already noticed and is before the
Board today. County Counsel suggested that another option would be to
make the ordinance effective tommorrow.
Supervisor Torlakson commented that a moratorium is not being
considered at this time and that he had been meeting with staff, the
property owners and various associations, and that a study is underway
to address long-range planning issues.
There being no further speakers, the Chair declared the hearing
closed.
Supervisor Torlakson moved approval of the proposed ordinance.
Supervisor Powers moved to amend the motion to make the ordinance
effective November 7, 1990.
IT IS BY THE BOARD ORDERED THAT Urgency Interim Ordinance
Restricting Development in the East Contra Costa County Airport
Environs, Ordinance 9.0-105, is ADOPTED.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS (ABSENT ) 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.
cc: Community Development Dept. ATTESTED
Director Of PuU11C Works PHIL BATCHELOR. CLERK OF THE BOARD OF
Manager Of Airports SUPERVISORS AND COUNTY AD'NiNISTRATOR
Byron Advisory -Council via CDD
County Administrator
County Counsel BY DEPUTY
M38?-'7-83
r
ORDINANCE NO. 90-105
(Urgency Interim Ordinance Restricting Development
in the East. Contra Costa County Airport Environs)
The Contra Costa County Board of Supervisors ordains as follows:
SECTION I. BACKGROUND
A. In 1986, the Board of Supervisors adopted the East Contra
Costa County Airport Master Plan which established a program
for land acquisition and development of a public-use airport
between the Town of Byron and the Alameda County boundary.
The Master Plan references standards of the Federal Aviation
Administration that are intended to assure protection of
planned airport operations (take-offs, landings, traffic
patterns) .
B. State law requires that the Contra Costa County Airport Land
Use .Commission (ALUC) adopt a Comprehensive Land Use Plan
(CLUP) for the East County Airport to provide guidance to
Contra Costa County and other local agencies on compatible
land use policy for the area in proximity to the airport.
The purview of the Commission encompasses public safety,
noise/overflight compatibility, and airspace protection
(restriction of structure heights) .
C. Due to a lack of technical resources, the ALUC has been
unable to prepare and adopt a comprehensive land use plan to
date. The ALUC has requested the Board of Supervisors
authorize funding to hire an aviation consultant for this
purpose. The Commission has also requested the County adopt
a development moratorium for the area around the airport
pending completion, adoption and implementation of such a
plan.
D. Until the ALUC adopts an airport plan, State law (SB 255,
Bergeson) authorizes the ALUC to review all proposed
development projects within three miles of the airport to
determine whether or not it is likely to be consistent with
the airport plan to be adopted by the Commission. Should
the Commission fail to make the required findings, the ALUC
review may only be overruled by the Board of Supervisors
making statutory findings and approving the project by a
two-thirds vote.
E. Pending ALUC adoption and implementation of a Comprehensive
Land Use Plan, the County Planning Agency should establish
additional review procedures to prohibit new development
from being established near the airport unless it is assured
that the development will be compatible with the airport.
The purpose of the County .review would be to supplement and
not in any way replace existing ALUC review procedures.
SECTION II. OBJECTIVES
A. To limit development proposed near the airport to that which
is likely to be compatible with the planned airport opera-
tions.
B. To protect the airspace near the airport by establishment of
structural height restrictions in accord with the criteria
of the Federal Aviation Administration (FAR Part 77) .
1
ORDINANCE NO. 90-105
SECTION III. REVIEW OF DEVELOPMENT PROPOSED NEAR THE AIRPORT
A. Prior to approval of any proposed action (including discre-
tionary and ministerial applications and permits) within the
outer perimeter of the conical surface of the East County
Airport Approach and Clear Zone Plan shown in Exhibit IV,
all proposed development actions shall be reviewed by the
Zoning Administrator. Prior to a decision, a noticed public
hearing shall be conducted in accord with the procedures
identified in Article 26-2 .22 of the Ordinance Code. The
Zoning Administrator hearing shall be conducted following
action on the proposed action by the ALUC. The purpose of
the Zoning Administrator review shall be to limit develop-
ment to that which is likely to be compatible with the
planned airport operation as described in the 1986 Airport
Master Plan.
B. The following proposed actions are exempted from the Zoning
Administrator review requirement of this urgency interim
ordinance:
1. Building permit for:
a. An addition or remodeling of an existing resi-
dence;
b. Swimming pool or other residential or agricultural
accessory structures less than 35 feet in height;
C. New single family residences including manu-
factured residence on a permanent foundation
beneath the conical surface area only;
d. Mobilehome on a temporary foundation beneath the
conical surface area only;
e. Non-structural , alterations (e.g. , electrical,
plumbing) .
2. Grading Permit.
3. Variance permit application for any proposed resi-
dential or agricultural use except one involving a
proposed structure that is greater than 35 feet in
height.
4 . Demolition Permit.
SECTION IV. STRUCTURAL HEIGHT LIMITS (AIRSPACE PROTECTION
RESTRICTIONS)
A. Purpose.
In conformity with the regulations and standards of the
Federal Aviation Administration of the United States and
Article 3.5 of the . California Public Utilities Code, the
following restrictions are intended to prevent the creation
or establishment of airport hazards and to prevent the
destruction and impairment of the utility of the East County
Airport and the public investment in it.
2
ORDINANCE NO. 90-105
B. Definitions
As used in this Ordinance, unless the context otherwise
requires:
1. AIRPORT - East Contra Costa County Airport.
2 . AIRPORT ELEVATION - The highest point of an airport's
usable landing area measured in feet from sea level.
3 . AIRPORT LAND USE COMMISSION (ALUC) - An autonomous
county level body, established pursuant to the State
Public Utilities Code, responsible for developing plans
for achieving land use capability between airports and
their environs.
4. AIRPORT LAYOUT PLAN - This display is attached as
Exhibit II. The layout plan depicts existing and
planned airport facilities and land uses; their loca-
tions; and the pertinent clearance and dimensional
information required to show conformance with the
applicable State or Federal standards. It shows the
airport location, FAA clear zones, approach areas, and
other environmental features that may influence airport
usage and expansion capabilities. For purposes of this
ordinance, clearance and dimensional information
pertaining to FAA Imaginary Surfaces are based on
ultimate runway design.
5. APPROACH AND CLEAR ZONE PLAN - This display is attached
as Exhibit I. The display identifies airspace in
proximity to the airport that should be protected to
assure that new structures and tree plantings do not
interfere with planned airport operations. The display
is based on FAA Imaginary Surfaces and originates from
the 1986 East County Airport Master Plan, Figure 4,
"Approach and Clear Zone Plan, " and is an adopted
Airport Land Use Commission plan document. The display
delineates the location of imaginary airspace surface
planes; primary approach, horizontal, transitional and
conical surfaces. The location of the surface planes
is keyed to the planning boundaries of the Airport
Layout Plan contained in the 1986 East County Airport
Master Plan, attached as Exhibit II.
6. APPROACH PROTECTION PLAN - This display is attached as
Exhibit III. The display shows the planned airport
acquisition area from the East County Airport Master
Plan. The display also identifies the location of the
Critical Height Restriction Zone.
7 . APPROACH SURFACE - A surface longitudinally centered on
the extended runway centerline, extending outward and
upward from the end of the primary surface and at the
same slope as the approach zone height limitation slope
set forth in Sub-section IV-D. of this ordinance. In
plan the perimeter of the approach surface coincides
with the perimeter of the approach zone.
8 . APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES -
These zones are set forth in Sub-section IV-C. of this
Ordinance.
9. CONICAL SURFACE - A surface extending outward and
upward from the periphery of the horizontal surface at
a slope of 20 to 1 for a horizontal distance of 4, 000
feet.
3
ORDINANCE NO. 90-105
10. CRITICAL HEIGHT RESTRICTION ZONE - A designated area
covering the area immediately west of the East Contra
Costa County Airport, as displayed on Exhibit III, the
Airport Protection Plan. The zone covers an area
extending one mile westward from the ultimate planned
runway ends of Runways 5, 12 and 30. The zone is
intended to delineate an area in which protection of
the airspace above the FAA imaginary surface is crucial
to maintain utility and safety conditions for the
planned airport.
11. FEDERAL AVIATION ADMINISTRATION (FAA) - The Federal
agency charged with regulating air commerce to promote
its safety and development; encouraging and developing
civil aviation, air traffic control, and air naviga-
tion; and promoting the development of a national
system of airports.
12 . FAA IMAGINARY SURFACES - Three dimensional surfaces
established in relation to the end of each runway as
defined in Federal Aviation Regulation (FAR) Part 77 .
Such surfaces include imaginary approach, horizontal,
conical, transitional and other surfaces. The
imaginary surfaces determined under FAR Part 77 are a
.basis for identification of obstructions and hazards to
air navigation by the FAA, the ALUC, and the County of
Contra Costa.
13 . HAZARD TO AIR NAVIGATION - An obstruction determined to
have a substantial adverse effect on the safe and
efficient utilization of the navigable airspace.
14 . HEIGHT - For the purpose of determining the height
limits in all zones set forth in this Ordinance and
shown on the zoning map, the datum shall be mean sea
level elevation unless otherwise specified.
15. HORIZONTAL SURFACE - An FAA imaginary surface that is a
horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides
with the perimeter of the horizontal zone.
16. LARGER THAN UTILITY RUNWAY - A runway that is
constructed for and intended to be used by propeller
driven aircraft of greater than 12 , 500 pounds maximum
gross weight and by jet powered aircraft.
17. NON-CONFORMING USE - Any pre-existing structure, object
of natural growth, or use of land that is inconsistent
with the provisions of this Ordinance or an amendment
thereto.
18. NON-PRECISION INSTRUMENT RUNWAY - A. runway having an
existing instrument approach procedure utilizing air
navigation facilities with only horizontal guidance, or
area type navigation equipment,. for which a
straight-in non-precision instrument approach procedure
has been approved or planned.
19. OBSTRUCTION - Any structure, growth, or other object,
including a mobile object, which exceeds a limiting
height set forth in Sub-section IV-D. of this
Ordinance.
4
ORDINANCE NO. 90-105
20. PERSON - An individual, firm, partnership, corporation,
company, association, joint stock association, or
governmental entity; includes a trustee, a received, an
assignee, or a similar representative of any of them.
21. PRECISION INSTRUMENT RUNWAY - A runway having an
existing instrument approach procedure utilizing an
Instrument Land System (ILS) or a Precision Approach
Radar (PAR) . It also means a runway for which a
precision approach system is planned and is so indi-
cated on the Airport Layout Plan or any other planning
document.
22 . PRIMARY SURFACE - A surface longitudinally centered on
a runway. The primary surface extends 200 feet beyond
each end of that .runway. The elevation of any point on
the primary surface is the same as the elevation of the
nearest point on the runway centerline.
23 . RUNWAY - A defined area on an airport prepared for
landing and take-off of aircraft along its length.
24. STRUCTURE. - An object, including a mobile object,
constructed or installed by man, including but without
limitation, buildings, towers, cranes, smokestacks,
earth formation, and overhead transmission lines.
25. TRANSITIONAL SURFACE - A 3-dimensional surface that
extends outward at 90 degree angles to the runway
center line and extended at a slope of 7 feet
horizontally for each foot vertically from the sides of
the primary - and approach surfaces to where they
intersect the horizontal and conical surfaces. For
those portions of the precision approach surfaces which
project through and beyond the limits of the conical
surface, transitional surfaces extend a distance of
5, 000 feet measured horizontally from the edge of the
approach surface and at 90 degree angles to the
extended runway centerline.
26. TREE - Any object of natural growth.
27. UTILITY RUNWAY - A runway that is constructed for and
intended to be used by propeller driven aircraft of
12 , 500 pounds maximum gross weight and less.
28. VISUAL RUNWAY - A runway intended solely for the
operation of aircraft using visual approach procedures.
C. Airport Zones
In order to carry out the provisions of this Ordinance,
there are hereby created and established certain zones which
include all of the land lying beneath the approach surfaces,
transitional surfaces, horizontal surfaces, and conical
surfaces as they apply to the East Contra Costa County
Airport. Such zones .are shown on the East Contra Costa
County Approach and Clear Zone Plan attached as Exhibit I
and Airport Layout Plan attached as Exhibit II, prepared by
the County of Contra Costa and dated November 1, 1990, which
are attached to this Ordinance and made a part hereof. An
area located in more than one (1) of the following zones is
considered to be only in the zone with the more restrictive
height limitation. The various zones are hereby established
and defined as follows:
5
ORDINANCE NO. 90-105
1. Runway 5 Approach Zone - The inner edge of this
approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach zone
expands outward uniformly to a width of 1,500 feet at a
horizontal distance of 5, 000 feet from the primary
surface. Its centerline is the continuation of the
centerline of the runway.
2. Runway 23 Approach Zone - The inner edge of this
approach zone coincides with the width of the primary
surface and is 500 feet wide. The approach zone
expands outward uniformly to a width of 1,500 feet at a
horizontal distance 5,000 feet from the primary
surface. Its centerline is the continuation of the
centerline of the runway.
3 . Runway 12 Approach Zone - The inner edge of this
approach zone coincides with the width of the primary
surface and is 1,000 feet wide. The approach zone
expands outward uniformly to a width of 3 ,500 feet at a
horizontal distance of 10, 000 feet from the primary
surface. Its centerline is the continuation of the
centerline of the runway.
4 . Runway 30 Approach Zone - The inner edge of this
approach zone coincides with the width of the primary
surface and is 1, 000 feet wide. The approach zone
expands outward uniformly to a width of 16, 000 feet at
a horizontal distance of 50, 000 feet from the primary
surface. Its centerline is the continuation of the
centerline of the runway.
5. Transitional Zones - The transitional zones are the
areas beneath the transitional surfaces.
6. Horizontal Zone - The horizontal zone is established by
swinging arcs of 10, 000 feet radii from the center of
each end of the primary surface of Runway 12/30 and
connecting the adjacent arcs by drawing lines tangent
to those arcs. The horizontal zone does not include
the approach and transitional zones..
7. Conical Zone - The conical zone is established as the
area that commences at the periphery of the horizontal
zone and extends outward therefrom a horizontal
distance of 4, 000 feet.
D. Airport Zone Height Limitations
Except as otherwise provided in this Ordinance, no structure
shall be erected, altered, or maintained, and no tree shall
be allowed 'to grow in any zone created by this Ordinance to
a height in excess of the applicable height limit herein
established for such zone. Such applicable height limita-
tions are hereby established for each of the zones in
question as follows:. .
1. Runway 5 Approach Zone - Slopes 20 feet outward for
each foot upward beginning at the end of and at the
same elevation as the primary surface and extending to
a horizontal distance of 5,000 feet along the extended
runway centerline.
6
ORDINANCE NO. 90-105
2 . Runway 23 Approach Zone - Slopes 20 feet outward for
each foot upward beginning at the end of and at the
same elevation as the primary surface and extending to
a horizontal distance of 5, 000 feet along the extended
runway centerline.
3 . Runway 12 Approach Zone - Slopes 34 feet outward for
each foot upward beginning at the end of and at the
,same elevation as the primary surface and extending to
a horizontal distance of 10, 000 feet along the extended
runway centerline.
4 . Runway 30 Approach Zone - Slopes 50 feet outward for
each foot upward beginning at the end of and at the
same elevation as the primary surface and extending to
a horizontal distance of 10, 000 feet along the extended
runway centerline; thence slopes upward 40 feet
horizontally for each foot vertically to an additional
horizontal distance of 40,000 feet along the extended
runway centerline.
5. Transitional Zones - Slopes seven (7) feet outward for
each foot upward beginning at the sides of and at the
same elevation as the primary surface and the approach
surface, and extending to a height of 150 feet above
the airport elevation which is 85 feet above mean sea
level. In addition to the foregoing, there are estab-
lished height limits sloping seven (7) feet outward for
each foot upward beginning at the sides of and at the
same elevation as the approach surface, and extending
to where they intersect the conical surface. Where the
Runway 30 Approach Zone projects beyond the conical
zone, there are established height limits sloping seven
(7) feet outward for each foot upward beginning at the
sides of and at the same elevation as the approach
surface, and extending a horizontal distance of 5, 000
feet measured at 90 degree angles to the extended
runway centerline.
6. Horizontal Zone - Established at 150 feet above the
airport elevation which is a height of 235 feet above
mean sea level.
7. Conical Zone - Slopes 20 feet outward for each foot
upward beginning at the periphery of the horizontal
zone and at 150 feet above the airport elevation and
extending to a height of 350 feet above the airport
elevation.
8. Excepted Height Limitations - Nothing in this Ordinance
shall be construed as prohibiting the construction or
maintenance of any structure, or growth of any tree to
a height up to 35 feet above the surface of the land.
E. Use Restrictions
Notwithstanding any other provisions of this Ordinance, no
use may be made of land or water within any zone established
by this Ordinance in such a manner as to create electrical
interference with navigational signals or radio communica-
tion between the airport and aircraft, make it difficult for
pilots to distinguish between airport lights and other
lights, result in glare in the eyes of pilots using the
airport, impair visibility in the vicinity of the airport,
create bird strike hazards, or otherwise in any way endanger
or interfere with the landing, takeoff, or maneuvering or
aircraft intending to use the airport.
7
ORDINANCE NO. 90-105
F. Non-conforming Uses
1. Regulations Not Retroactive - The regulations
prescribed by this Ordinance shall not be construed to
require the removal, lowering, or other change or
alteration of any structure or tree not conforming to
the regulations as of the effective date of this
Ordinance, or otherwise interfere with the continuance
of non-conforming use. Nothing contained herein shall
require any change in the construction, alteration or
intended use of any structure, the construction or
alteration of which was begun prior to the effective
date of this Ordinance, and is diligently prosecuted.
2. Marking and Lighting - Notwithstanding the preceding
provision of this Section, the owner of any existing
non-conforming structure or tree is hereby required to
permit the installation, operation, and maintenance
thereon of such markers and lights as shall be deemed
necessary by the Contra Costa County Manager of
Airports to indicate to the operators of aircraft in
the vicinity of the airport the presence of such
airport obstruction. Such markers and lights shall be
installed, operated, and maintained at the expense of
the County of Contra Costa.
G. Permits
1. Future Uses - Except as specifically provided in 1, 2,
and 3 hereunder, no material change shall be made in
the use of land, no structure shall be erected or
otherwise established, and no tree shall be planted in
any zone hereby created unless a permit therefor shall
have been applied for and granted. Each application
for a permit shall indicate the purpose for which the
permit is desired, with sufficient particularity to
permit it to be determined whether the resulting use,
structure, or tree would conform to the regulations
herein prescribed. If such determination is in the
affirmative, the permit shall be granted. No permit
for a use inconsistent with the provisions of this
Ordinance shall be granted unless a variance has been
approved in accordance with Sub-section IV-G, 4 .
a. In the area lying within the limits of the
horizontal zone and conical zone, no permit shall
be required for any tree or structure less than 35
feet of vertical height above the ground.
b. In areas lying within the limits of the approach
zones, but . at a horizontal distance of not less
than 4,200 feet from each end of the runway, no
permit shall -be required for any tree or structure
less than 35 feet of vertical height above the
ground, except when such tree or structure would
extend above the height limit prescribed for such
approach zones.
C. In the areas lying within the limits of the
transition zones beyond the perimeter of the
horizontal zone, no permit shall be required for
any tree or structure less than 35 feet of
vertical height above the ground.
s
ORDINANCE NO. 90-105
Nothing contained in any of the foregoing exceptions
shall be construed as permitting or intending to permit
any construction, or alteration , of any structure, or
growth of any tree in excess of any of the height
limits established by this Ordinance except as set
forth in Sub-section IV-D, 10.
2 . Existing Uses - No permit shall be granted that would
allow the establishment or creation of an obstruction
or permit a non-conforming use, structure, or tree to
become a greater hazard to air navigation than it was
on the effective date of this Ordinance or any amend-
ments thereto or than it is when the application for a
permit is made. Except as indicated, all applications
for such a permit shall be granted.
3 . Non-conforming Uses Abandoned or Destroyed - Whenever
the Zoning Administrator determines that a
non-conforming tree or structure has been abandoned or
more than 80 percent torn down, physically deterio-
rated, or decayed, no permit shall be granted that
would allow such structure or tree to exceed the
applicable height or otherwise deviate from the zoning
regulations.
4 . Variances - Any person desiring to erect or increase
the height of any structure, or permit the growth of
any tree, or use property, not in accordance with the
regulations prescribed in this Ordinance, may apply to
the Community Development Department for a variance
from such regulations. This application for variance
shall be accompanied by a determination from the
Federal Aviation Administration as to the effect of the
proposal on the operation of air navigation facilities
and the safe, efficient use of navigable airspace,
unless waived by the Zoning Administrator. Such
variances shall be allowed where it is fully found that
a literal application or enforcement of the regulations
will result in unnecessary hardship, and relief
granted; will not be contrary to the public interest;
will not create a hazard to air navigation; will do
substantial justice; and will be in accordance with the
spirit of this Ordinance. Prior to any final action on
the application, the variance application shall be
referred to the Contra Costa County Airport Land Use
Commission for review pursuant to Section 21676 (b) of
the California Public Utilities Code. Additionally, no
application for variance to the requirements of this
Ordinance may be considered by the Zoning Administrator
unless a copy of the application has been furnished to
the Contra Costa County Manager of Airports for advice
as to the aeronautical effects of the variance. No
variances shall be permitted on the western side of
Runway 12/30, within the area identified on Exhibit
III, as the Critical Height Restriction Zone.
5. Obstruction Marking and Lighting - Any permit or
variance granted may, if such action is deemed advis-
able to effectuate the purpose of this Ordinance and be
reasonable in the circumstances, be so conditioned as
to require the owner of the structure or tree in
question to install, operate, and maintain, at the
9
ORDINANCE NO. 90-105
owner's expanse, such markings and lights as may be
necessary. If deemed proper by_ the Zoning
Administrator, this condition may be modified to
require the owner to permit the County of Contra Costa
at its own expenses, to install, operate, and maintain
the necessary markings and light.
H. Enforcement
It shall be the duty of the Zoning Administrator to
administer and enforce the regulations prescribed herein.
Applications for permits and variances shall be made to the
Zoning Administrator upon a form published for that purpose.
I. Conflicting Regulations
Where there exists a conflict between any of the regulations
or limitations prescribed in this Ordinance and any other
regulations applicable to the same area, whether the
conflict be with respect to the height of structures or
trees, and the use of land, or any other matter, the more
stringent limitation or requirement shall govern and
prevail.
J. Severability
If any of the provisions of this Ordinance or the applica-
tion thereof to any person or circumstances are held
invalid, such invalidity shall not affect other provisions
or applications of the Ordinance which can be given effect
without the invalid provision or application, and to this
end, the provisions of this Ordinance are declared to be
severable.
SECTION V. URGENCY DECLARATION.
The Board of Supervisors finds that due to the absence of an
adopted Comprehensive Land Use Plan for the East County Airport,
there is a current and immediate threat to the public health,
safety and welfare, and that approval of additional subdivisions,
use permits, variances, building permits, or any other applicable
entitlement for. use which is required in order to comply with a
zoning ordinance which might result in a threat to public
health, safety and welfare. If these urgency interim provisions
are not imposed, uses in conflict with the contemplated Compre-
hensive Land Use Plan may result which might constitute a public
hazard for planned airport operations, or otherwise diminish the
utility of the airport, and uses may occur which would frustrate
any subsequent land use regulations that might be adopted.
SECTION VI. ENVIRONMENTAL ASSESSMENT
A. Pursuant to section 15061 of the. State. and County CEQA
Guidelines, the Board finds and declares that this ordinance
is exempt from CEQA for the following reasons:
1. This Ordinance is not a "project" within the meaning of
Section 15378 of the CEQA Guidelines, because the
Ordinance itself has no potential for resulting in a
physical change in the environment. The purpose of
this Ordinance is to regulate, on an interim basis, the
land . uses in the Byron Area pending the completion of
land use studies by the Airport Land Use Commission and
Ordinance Code changes regarding the identification and
restriction of land uses that would be incompatible
with the planned East County Airport.
10
ORDINANCE NO. 90-105
2 . This Ordinance is categorically exempt from CEQA under
Section 15308 of the CEQA Guidelines. This Ordinance
is a regulatory action taken by the County in the
exercise of its constitutional authority and in accord-
ance with Government Code Section 65858, to assure that
land uses which might be incompatible with the Airport
are prohibited pending completion of land use studies,.
and adoption and implementation of a plan by the
Airport Land Use Commission.
3 . This Ordinance is covered by the general rule that CEQA
applies only to projects which have the potential for
causing a significant effect on the environment. For
the reasons set forth in subparagraphs 1 and 2 of this
paragraph, it can be seen with certainty, and the Board
finds, that there is no possibility that this Ordinance
will have a significant effect on the environment;.
therefore, this Ordinance is not subject to CEQA.
B. The Community Development Director is directed to file a
notice of exemption for this Ordinance, in accordance with
the provisions of Section 15062 of the State CEQA Guide-
lines.
SECTION VII. REPORT
At .least 10 days before the expiration of this Ordinance or any
extension of it, the Community Development Department is directed
to file with the Clerk of the Board a written report describing
the measures taken by the Airport Land Use Commission and the
County of Contra Costa to complete the Comprehensive Land Use
Plan for the East County Airport and to alleviate the condition
which led to the adoption of this Ordinance.
SECTION VIII. EFFECTIVE DATE.
This Ordinance becomes effective November 7, 1990 and shall be
operative for 45 days (through December 22, 1990) , pursuant to
Government Code Section 65858. Within 15 days after passage this
Ordinance shall be published once in the Antioch Daily Ledger
with the names of Supervisors voting for and against it in the
Antioch Daily Ledger, a newspaper published in this County.
PASSED ON November 6, 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak and Torlakson
NOES: None
ABSENT: Supervisor Fanden
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk
of the Board of Supervisors
and County Administrator Boar Chair
By
Deputy
11
ORDINANCE NO. 90-105
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Based on Figure 4, 1586 East County Airport Master Plan
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