HomeMy WebLinkAboutMINUTES - 12161997 - C105 s� i Cr l66
Contra
Costa
,
TO: BOARD OF SUPERVISORS County
. o
FROM: DENNIS M. BARRY, AICP
COMMUNITY DEVELOPMENT DIRECTOR osr--------
DATE:
co-DATE: December 16, 1997
SUBJECT: CONTRACT AUTHORIZATION FOR AN UPDATED COMPREHENSIVE (AIRPORTS) LAND
USE PLAN AND CLARIFICATION OF AVAILABILITY OF COMMUNITY DEVELOPMENT
DEPARTMENT STAFF TIME TO SATISFY THE REQUIREMENTS FOR A loo MATCH
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS-
1 .
E MMENDA I N1 . APPROVE and AUTHORIZE the Community Development Director, or
designee, to execute a contract through December 31, 1999 on
behalf of the County with Shutt Moen Associates for consulting
services on an update to the Comprehensive (Airports). Land Use
Plan not to exceed $82, 000 .
2 . CLARIFY and CONFIRM the availability of Community Development
Department staff time for purposes of satisfying the
requirement for a 100 local match (equivalent to $9, 111 . 00 in
staff time) .
FISCAL IMPACT
There is no fiscal impact to the County for the consultant
contract. The Community Development Department has been allocated
$82 , 000 by the California Department of Transportation to prepare
this plan. The consultant' s cost will be fully reimbursed by this
State allocation.
The fiscal impact of Recommendation #2 would be $911 of in-kind
staff time. As explained below, the Board of Supervisors
previously authorized a match of $8, 200 . 00 in staff time, which
needs to be increased to $9, 111 . 00 in staff time.
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CONTINUED ON ATTACHMENT: X YES SIGNATURE
RECOMMENDATION -OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON /a - /(4 -!417' APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES : NOES : ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact :Debbie Sanderson - 335-1208
Orig: Community Development Department ATTESTED A� 7
CC: Manager of Airports PHIL BATCHELOR, CLERK OF
Airport Land Use Commission THE BOARD OF SUPERVISORS
c/o CDD
' J
BY DEPUTY
O,ld5
Authorization of Contract to
Prepare Comprehensive(Airport)Land Use Plan Update
LEGAL BASIS FOR AIRPORT PLANNING
To aid in the protection of public-use airports, State law
requires the establishment of an independent body in most counties
including Contra Costa County. The 7-member Commission is
comprised of two appointees from the Board of Supervisors; two
appointed by the Manager of Airports; two appointed by the Mayors'
Conference; and one at-large Commissioner (appointed by the
balance of the Commission) . The Commission is charged with:
• formulating land use policy based on adopted airport master
plans to protect airport aircraft operations from potentially
incompatible development for the vicinity of each public-use
airport in the form of a Comprehensive Land Use Plan (CLUP) .
In this regard, the Commission considers adoption of policies
aimed at protection of airspace, regulation of noise
sensitive uses, regulation of land use intensity where there
is significant risk of aviation accidents to protect public
safety; and
• following adoption of a plan, monitoring local jurisdictions
(cities and the County) to determine whether they have made
any necessary modifications to make their respective general
plans consistent with the policies of the adopted Airport
Land Use Commission plan. If not, the State law authorizes
the ALUC to enact permit review authority over individual
projects within affected portions of the jurisdiction. Such
authority allows the ALUC to hear and determine whether such
action may be detrimental to the purposes of State enabling
law before the local agency may authorize said project .
EXISTING CLUP PLANS
Currently, the Contra Costa County ALUC has adopted Comprehensive
Land Use Plans for both Buchanan Field Airport and Byron Airport,
the only two public-use airports within the County. The Buchanan
Field ALUC Airport Plan was last amended in 1985 and covers an
area with an approximate three mile radius extending into the
jurisdictions of the Cities of Concord, Martinez, and Pleasant
Hill, and the unincorporated County area. The current plan
provides for airspace (structural height limits) protection,
regulation of noise sensitive uses, and safety policies . Within
the last five years, the ALUC has reviewed the general plan
policies of the cities of Concord and Pleasant Hill, and
determined that they are consistent with the existing CLOP.
The ALUC has also adopted a CLUP for the area of the Byron
Airport. The planning area also covers an area with a three-mile
radius around that airport . Most of the planning area lies
within the jurisdiction of Contra Costa County (including the town
of Byron) ; however, a portion of the planning area also extends
into Alameda County. The existing Byron Airport Plan is an
interim plan that was adopted in response to a state requirement
mandating the adoption of a plan by a certain date.
NEED FOR UPDATE OF PLAN
The need for an update of a plan is several-fold.
1 . Discrepancies with Existing Buchanan Field Master Plan - In
1990, the Board of Supervisors adopted an updated Master Plan
for Buchanan Field Airport . (An airport master plan is a
long-range plan for the development of an airport including
the data and analyses on which the plan is based. ) The plan
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c.M6
Authorization of Contract to
Prepare Comprehensive(Airport)Land Use Plan Update
provides for more relaxed airport airspace protection
requirements than those associated with the existing ALUC
plan. It also provides for reduced noise impacts from those
now part of the existing ALUC plan. An updated ALUC plan is
needed to address the discrepancies .
2 . Interim ALUC Plan for Barron Airport Needs to be Replaced bar
an Ultimate Plan - The ALUC plan for Byron Airport was
adopted as a stop-gap measure to comply with a State law
measure requiring immediate adoption of a plan. At the time
of its adoption, it was acknowledged that it was not intended
to constitute more than an interim plan until a more
comprehensive analysis and formulation of an adopted airport
policy plan could be considered and adopted. Presently, the
Plan' s policies provide for little more than open space uses
within a two-mile radius of the airport which is consistent
with existing general plan open space policies of Contra
Costa and Alameda Counties . However, such land use
restrictions far exceed the needs of the airport (indeed, may
be detrimental to the development needs of the airport
itself) .
Adoption of an updated ALUC plan would also fulfill one of
the key implementation measures associated with the Byron
Airport Action Plan adopted by the Board of Supervisors on
November 7, 1995 .
3 . Consider Suitable Land Use Policies that Address Single-Event
Noise Events - County offices have received numerous
complaints about single-event noise impacts from aircraft
overflights (fixed wing and rotary) , particularly in the
Buchanan Field area. The complaints originate from
individuals within and outside the area where significant
airport noise impacts have been projected. The County has
adopted noise policies, ordinances and administrative
practices in response to these concerns . (The Manager of
Airports has been maintaining records of these complaints for
several years . ) An update of the plan will provide an
opportunity to consider suitable land use policies to address
any new development in the vicinity of the airport that could
improve compatibility between airport operations and adjacent
land use (e .g. , deed notification) .
4 . New State Guidelines - In 1993 , the California Department of
Transportation, Division of Aeronautics promulgated an
updated set of guidelines to assist ALUC' s in the preparation
of CLUP' s . In staff' s view, the new guidelines provide a
better basis for the formulation of ALUC policies from a
planning and legal perspective.
PROPOSED UPDATED CLUP PLAN AND FUNDING
In 1996, the Community Development Department successfully applied
for a $82, 000 . 00 grant from the California Aeronautics Program (a
division of CalTrans) to prepare an Updated Comprehensive Airport
Land Use Plan for the areas surrounding the Byron and Buchanan
Field Airports . This Plan will include policies to guide land
uses around these two airports, dealing mostly with land use
constraints due to airport noise and public safety. The
Department would like to hire a consultant to prepare this Plan;
the work would be managed by Department staff. The grant requires
a 100 local match, which can be met through provision of staff
time .
On November 7, 1997 the Department released a Request for
Proposals to prepare this Plan and invited four firms to submit
proposals in a competitive bid process . The Scope of Work
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Authorization of Contract to
Prepare Comprehensive(Airport) Land Use Plan Update
includes (1) an updated Comprehensive Airports Land Use Plan for
both public-use fields, (2) a CEQA Initial Study, (3) a
recommendation on how best to comply with CEQA, and (4) a Draft
Staff Report for presenting the material to the Airport Land Use
Commission. Proposals were received on Monday, December 1, 1997 .
The Department staff reviewed the proposals and recommends the
firm of Shutt Moen Associates to provide this service, for an
amount not to exceed $82 , 000 . The selected firm is an aviation
engineering and planning consulting firm with long-standing roles
in the planning and development of both airports .
The selected Proposal provides for the consultant to contact local
jurisdictions early in the plan preparation process regarding data
collection and issues that may be of concern to those
jurisdictions . It also provides for community workshops with the
public prior to release of a draft plan. A Draft Plan will be made
available for public comment, as well as for review by the Airport
Land Use Commission. After appropriate revisions are made, the
Final Plan will be submitted to the Airport Land Use Commission
for adoption.' The Department is still evaluating what actions are
necessary to comply with CEQA.
TEN PERCENT LOCAL MATCH
Prior to applying for this grant, the Department was required to
receive confirmation that the County would provide the 100 local
match. Thus, on July 30, 1996 the Board of Supervisors certified
a loo match of in-kind staff time, which was presented as
equivalent to $8, 200 . 00 . At that time, both County and State
staff interpreted this requirement as 100 of the grant allocation
($82, 000 . 00) . County staff and the State now understand that the
loo applies to the project total ($91, 000 . 00) of which the State
grant represents 900 (or $82 , 000 . 00) . Thus the loo match is
$9, 111 . 00 rather than $8, 200 . 00 . We recommend that the Board of
Supervisors clarify its July 30, 1996 decision that the loo match
in staff time contributed is equivalent to $9, 111 . 00 .
CONSEQUENCES OF A NEGATIVE BOARD ACTION
Should the Board reject the staff recommendation, preparation and
adoption of an updated CLUP for Buchanan Field and Byron Airports
would be forestalled. The ALUC would continue to rely upon the
existing Buchanan Field CLUP which has elements that do not
reflect current planning or conditions relating to planned
Buchanan Field airport operations . A negative Board action would
also make more difficult consideration of general plan amendments
providing for non-open space uses in the vicinity of Byron
Airport, uses that might be compatible with and supportive of the
planned airport facility.
DS/aa
BD/Match.DS
'It should be noted that the ALUC is authorized to adopt a
Comprehensive Land Use Plan. It does not require adoption by the
Board of Supervisors, though the County will need to consider any
appropriate modifications to the County' s general plan once the
CLUP is adopted by the ALUC in order that the general plan is
consistent with the ALUC plan.
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TO: BOARD OF SUPERVISORS
FROM: FINANCE COMMITTEE
DATE: NOVEMBER 7,1995
SUBJECT: BYRON AIRPORT ACTION PLAN
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)d BACKGROUND AND AXTIt1CATION
RECOMMENDATIONS:
A. Environmental
1. ACKNOWLEDGE receipt of the attached Biological Constraints Analysis Byron
Planning Area report.
2. LTM IZE the Biological Constraints Map 3 as a basis for considering the direction of
potential growth to the northeast of the Airport.
(SEE PAGE 2 FOR RECOMMENDATIONS-CONTINUED.)
FISCAL IMPACT: No fiscal impact to either General Fund or GM&DA- Staff will proceed when
funds are available.
BACKGROUND/REASONS FOR RECOMMENDATIONS:
On September 18,1995,the Finance Committee met with residents and interested parties surrounding
the Byron Airport. A discussion was held regarding the potential for land use planning changes in
the Byron Airport area. This report responds to the issues raised,as well as provides background
information on each of the five recommendations.
CONTINUED ON ATTACHMENT: YES QGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_APPROVE —OTHER
51GNA IRE(SI:
ACTION OF BOARD ON November 7-1995 AP►ROVBD As RECOMMZNDED a OTHER
VOTE OF SUPERVISORS I HERBY C TIFY THAT THIS 13 A TRUE AND CORRECr
COPY OF AN ACTION TAM AND ENTERED ON THE
.L UNAMMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVL90RS ON THE
DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN: .
Arrzr a _N vember 7. 1995
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BYRON AIRPORT ACTION PLAN
NOVEMBER 7, 1995
PAGE 2
RF'COMMENDATIONS-CONTINIIF.D
B. General Plan/Urban Limit Line Process
1. ACKNOWLEDGE that,as part of the original review of the UL.L(90 day
review),the Board authorized staff to undertake a ULL review around the
Airport.
2. REQUEST Community Development Department staff to develop some
alternative growth scenarios based on known environmental constraints within
the planning area.
3. REVIEW the Circulation Element revisions which might be needed to
accommodate the growth scenario discussed above.
C. Airport Land Use Planning Process
1. CONTINUE to pursue funding and grants from the State and PROCEED
according to the attached schedule,asstuning financing from the State(absent
such,the schedule could slip further).
2. IDENTIFY amount necessary to conduct preliminary work in anticipation of
State funding(non-reimbursable).
D. Infrastructure Development
1. REQUEST Public Works Department staff(in consultation with the Health
Services Department)to examine the potential concepts for providing water
and sewer service to the Airport area.
2. REQUEST Community Development Department staff(in cooperation with
the Public Works Department)to provide a background document on the
existing road capacities and problems in the area. This should be based on
existing reports.
E. Procedural
1. FORWARD this report to the Board of Supervisors for consideration.
2. REMOVE this item from the Finance Committee agenda.
3. BEGIN staff planting work once$40,000 for staff involvement is submitted.
If private fund cannot be found,proceed as public funds are appropriated.
I
BYRON AIRPORT ACTION PLAN
NOVEMBER 7, 1995
PAGE 3
BACKGROUNDRIFASONS FOR RECOMMENDATIONS: (CONTINUED)
Additional]issues as Outlined in the Finance Committee Report dated September 26,1995
Issue I-How the objective can be achieved in the shortest amount of time, including handing the
issues concurrently and on parallel tracts.
I. The action plan for Byron Airport is not focused on airport operations,but at surrounding
uses for the airport. The level of urgency lies with property owners who would like
resolution of potential land use of their property.
2. The uses are guided by three processes: the General Plan process, the airport land use
process, and constraints related to environmental issues. The procedures in this case are
intertwined and interdependent.
3. In normal planning process,it is necessary to determine constraints,then consider area needs,
then develop a configuration of uses to meet needs limited by constraints. To be specific,
environmental analysis must be completed,followed by airport related land use restrictions,
followed by needs and designation proposals.
Issue 2-How community involvement can be effectively encouraged at key points in the planning
effort.
Once.the process is known, we can invite members of the Byron community,the environmental
community, and the Airport community on a periodic basis to participate in the review of work
products. An open invitation can be given to the community in order to provide community wide
input on items such as needs,constraints,noise contours,safety,and similar matters.
Issue 3-Financing options absent Stare and Federal support.
Financing is anticipated for the ALUC plan. Funding has been provided for the environmental
constraints analysis. Funding is necessary to proceed with the General Plan process.
Background Information on the Five Recommendations
A Environmental
We have defined the area of study within the environmental constraints boundary. This
boundary was based on mw=rum area that would be affected by development related to the
Airport. Area beyond this is associated with other land use circumstances not connected with
the Airport and warrant another study.
Based on prior Board direction and the use of Keller Canyon mitigation funds,County staff
undertook a biological constraints analysis for the Byron planning area. That effort is
completed and a copy is provided with this report. We need to underscore that the results
of this study, based on today's environmental rues, indicate that there is some level of
constraint for conversion of wry land to development in all areal aurrounding the Byron
planning area There are,however,categories where there are higher levels of constraints
than others. Tbese constraints should not be taken lightly because they could form the basis
for firture legal action on the part of environmental protection agencies and interest groups.
They also provide the basis for mitigation of environmental impact of development in this
area. An example would be kit fox protocol currently in effect.
BYRON AIRPORT ACTION PLAN
NOVEMBER 7, 1995
PAGE 4
The longest timeframe for this process is related to the Airport land use planning process and
until that process is complete, a compatible General Plan revision will not be complete.
However,some preliminary General Plan work can occur. The environmental constraints can
provide the basis for the General Plan analysis. If the General Plan analysis is to proceed prior
to the availability of the Airport land use information,the following actions can be taken.
B. General Plan/Urban Limit Line Process
In order to change the General Plan,it is necessary to identify what the needs are for the area.
In order to maximize the speed of the process,we need to budget 540,000 by the beginning
of 1996 to do preliminary planning work necessary to be able to integrate the General Plan
process with the Airport land use process and environmental process. Otherwise, we will
start the study with State Airport money in July 1996.
C. Airport Land Use Planning Process
An ALUC Plan(aka Comprehensive Land Use Plan)is intended to provide guidance for the
regulation of land use surrounding the Byron Airport to protect planned Airport operations.
It differs from a General Plan in that a General Plan indicates what types of land uses are
allowed or allowable, whereas an ALUC Plan identifies uses that are prohibited. In this
regard,the ALUC Plan results in constraints that would need to be factored into a General
Plan review.
Based on our current understanding,the ALUC should receive funding($40,000)from the
State shortly after July 1996 for the preparation of an ALUC Plan. A tentative schedule is
attached that provides for adoption of an ALUC Plan by May 1997.
If there are individuals who wish to advance the schedule for preparation of an ALUC Plan,
we will need to receive up to $40,000 from other sources, in addition to the preliminary
General Plan funds. Some of the ALUC funds may not be reimbursable. If State funds do
not materialize,there will be no reimbursement.
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