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HomeMy WebLinkAboutBates 12247-12257 - 6_July 15, 2020 ALUC NOFA_Froom RanchSAN LUIS OBISPO COUNTY AIRPORT LAND USE COMMISSION William (Bill) Borgsmiller Michael Cripe Craig Piper Jeremy Klyde Roger Oxborrow Allen Settle Erich Schaefer NOTICE OF AIRPORT LAND USE COMMISSION ACTION ALUC 2020-0007 HEARING DATE: July 15, 2020 RECOMMENDATION TO: City of San Luis Obispo SUBJECT: A referral by the City of San Luis Obispo (City) for a determination of consistency or inconsistency with the Airport Land Use Plan (ALUP) for the San Luis Obispo County Regional Airport (airport) for proposed amendments to the City’s General Plan and Zoning Ordinance to implement the Froom Ranch Development Plan. The 110-acre property (APN: 067-241-030, -031) is located on the west side of Los Osos Valley Road and north of Calle Joaquin. The project is located in the San Luis Obispo County Airport Land Use Plan (ALUP) - Airport Safety Zone S-2 and outside of any airport noise contours. County File Number: SPEC 0143-2017 Project Manager: Shawna Scott Applicant: John Madonna On July 15, 2020, the Airport Land Use Commission determined the above referenced project Consistent with the San Luis Obispo Airport Land Use Plan, and referred it back to the City of San Luis Obispo - Shawna Scott, Project Manager, on the basis of the Findings / Conditions in the staff report. If you have any questions regarding this matter, please contact me at (805) 781-5600 or dchavez@co.slo.ca.us Sincerely, Daniela Chavez, Secretary Airport Land Use Commission County of San Luis Obispo ▪ 976 Osos St., Rm 300 ▪ San Luis Obispo California 93408 ▪ (805) 781-5600 Email: planning@co.slo.ca.us ▪ Fax (805) 781-1242 ▪ Website: http://www.slocounty.ca.gov/Planning 12247 STAFF REPORT SAN LUIS OBISPO COUNTY AIRPORT LAND USE COMMISSION DATE: JULY 15, 2020 TO: AIRPORT LAND USE COMMISSION (ALUC) FROM: BRIAN PEDROTTI, COUNTY PLANNING AND BUILDING REFERRING AGENCY: CITY OF SAN LUIS OBISPO APPLICANT: JOHN MADONNA CITY FILE NUMBER: SPEC 0143-2017 PROJECT MANAGER : SHAWNA SCOTT, SENIOR PLANNER SUBJECT: A MANDATORY REFERRAL BY THE CITY OF SAN LUIS OBISPO (CITY) FOR A DETERMINATION OF CONSISTENCY OR INCONSISTENCY WITH THE AIRPORT LAND USE PLAN (ALUP) FOR THE SAN LUIS OBISPO COUNTY REGIONAL AIRPORT (AIRPORT) FOR PROPOSED AMENDMENTS TO THE CITY’S GENERAL PLAN AND ZONING ORDINANCE TO IMPLEMENT THE FROOM RANCH DEVELOPMENT PLAN (AMENDMENTS). LOCATION: THE 110-ACRE PROPERTY (APN: 067-241-030, -031) IS LOCATED ON THE WEST SIDE OF LOS OSOS VALLEY ROAD AND NORTH OF CALLE JOAQUIN . THE PROJECT IS LOCATED IN THE SAN LUIS OBISPO COUNTY AIRPORT LAND USE PLAN (ALUP) - AIRPORT SAFETY ZONE S-2 AND OUTSIDE OF ANY AIRPORT NOISE CONTOURS. RECOMMENDATION : Staff recommends that the ALUC determine that the Amendments are consistent with the ALUP based on the findings and subject to the conditions of consistency set forth below. FINDINGS IN SUPPORT OF CONSISTENCY DETERMIN ATION: a) The Amendments are consistent with General Land Use Policies, G-1 through G-3 because: all information required for review of the Amendments was provided by the City; the Amendments (as conditioned) would not result in any incompatibilities to the continued economic vitality and efficient oper ation of the Airport with specific respect to safety, noise, overflight or obstacle clearance; b) The Amendments are consistent with the Specific Land Use Policies for Noise because the area affected by the Amendments is located outside of any CNEL airport noise contours; c) The Amendments are consistent with the Specific Land Use Policies for Safety because the Amendments would not result in a density greater than that specified in Table 7; the Amendments would not result in a greater building coverage than pe rmitted by Table 7; and the Amendments would not result in high intensity land uses or special land use functions as conditioned; d) The Amendments are consistent with the Specific Land Use Policies for Airspace Protection because the City’s Zoning Ordinance regulations limit the height of structures on the site to 60 feet to the highest architectural feature . Development on the project site will not exceed the elevations required for FAA Form 7460 notification and determina tion. The Amendments will not permit any structure, landscaping, glare, apparatus, or o ther 12248 Froom Ranch Specific Plan ALUC July 15, 2020 feature, whether temporary or permanent in nature to constitute an obstruction to air navigation or a hazard to air navigation, as conditioned; e) The Amendments are consistent with the Specific Land Use Policies for Overflight because the project has been conditioned to record avigation easements for each property developed within the project site prior to the issuance of any building permit or minor use permit; and all owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive full and accurate disclosure concerning the noise, safety, or overflight impacts associated with Airport operations prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or prope rties within the Airport Area; PROJECT DESCRIPTION: Proposal: Amendments to the City’s General Plan and Zoning Ordinance to implement the Froom Ranch Development Plan Setting: Rural area adjacent to urban commercial uses Existing Uses: Agriculture Site Area: Approximately 110 acres DISCUSSION: Detailed Area Plan (DAP) The Developer has proposed a Detailed Area Plan (DAP) in accordance with Section 4.4.5.3 of the ALUP. The ALUP lists specific criteria that a DAP must meet, such as indicating that the densities for both residential and non-residential development allowed at each parc el are in conformance with Table 7 of the ALU P. Another requirement is that a DAP contain provisions sufficient to ensure that all development will conform to polices set forth in the ALUP. The City’s zoning ordinance , which will regulate the uses on the Project site, allows only uses that are consistent with the ALUP. ALUP 4.4 Specific Land Use Policies: Safety Policies The objective of the ALUP safety policies is to minimize the risk to the safety and property of persons on the ground associated with potential aircraft accidents and to enhance the chances for survival of the occupants involved in an accident which takes place beyond the immediate runway environmen t. These policies include a prohibition of structures within the RPZ, and ensure a project meets the density, building coverage, and special land use function requirements. Although it appears that a portion of the project site is located within the S-1b and S-1c Safety Zones according to the existing map in the ALUP, additional analysis presented by the Applicant and based on work previously utilized by the ALUC shows that the property is entirely within the S -2 safety area. This is described in more detail under Map Consistency Analysis section below. The DAP criteria require that the ALUP allowable densities for residential and non -residential uses be shown in the plan. Based on review of the ALUP Table 7 (Planning Requirements and density adjustments for Land Uses within the Aviation Safety Areas for the San Luis Obispo County Regional Airport): 1) the maximum building coverage (% of gross area) is 20 percent for Airport Safety Area S-2; 2) the maximum density of use (residential) is 6 units per acre; 3) the maximum density of use (non- residential) is 150 persons/acre for Airport Safety Area S -2; and 4) Special Function and High Intensity Land Uses are not allowed with in the Airport Safety Area S-2. Density and Building Coverage Calculations The proposed Specific Plan inc ludes a proposed site coverage of 21%; however, the ALU P limits the maximum building coverage in the S -2 to 20%. This has been included as a Condition of Consistency. The applicant’s requested non-residential density for the Project is based on 5 gross acres within the S-2 Airport Safety Area, and a requested residential density based on 105 acres within the S-2. Based on 12249 Froom Ranch Specific Plan ALUC July 15, 2020 ALUP Table 7, a maximum residential density of up to 6 units per acre is allowed and a maximum non- residential density of up to 150 persons per acre is allowed. The Froom Ranch Specific Plan proposes a residential density of up to 578 units , and non-residential density of up to 750 persons. Maximum Non-residential density (S2): 5 gross acres x 150 person per acre = 750 persons total Maximum Residential density (S2): 110 gross acres x 6 units per acre = 660 units total Based on the above information, the Project is consistent with the ALUP safety policies and density provisions. ALUP 4.3 Specific Land Use Policies: Noise The Specific Land Use Policies for Noise in the ALUP identify whether a project would permit or fail to sufficiently prohibit establishment of extreme ly noise-sensitive land uses within the 60 dB contour or the 55 dB contour except for infill, any moderately noise-sensitive land use within the 55 d B contour without mitigation, or any extremely or moderately noise-sensitive use adjacent to an area of demonstrated noise incompatibility. The Project site is outside of any established noise contour and is, therefore, consistent with the Specific Land Use Policies for noise. ALUP 4.5 Specific Land Use Policies: Airspace Protection The construction of tall s tructures, including buildings and construction cranes – in the vicinity of an airport can be hazardous to the navigat ion of airplanes. The FAA, through FAR Part 77, established a method of identifying surfaces that should be free from penetration by obstr uctions in order to maintain sufficient airspace around airports. FAR Part 77, in effect, identifies the maximum heigh t at which a structure would be considered an obstacle at any given point around an airport. The extent of the off - airport coverage needin g to be evaluated for tall structure impacts can extend miles from an airport facility. Any tall structure(s) proposed as future development within a project area shall be reviewed by the Air Traffic Division of the FAA to determine compliance with the pro visions of FAR Part 77. ALUP 4.6 Specific Land Use Policies: Overflight The Amendments are consistent with the overflight policies of the ALUP to ensure that potential and prospective Airport area land users are provided with sufficient information on the presence and activity of the Airport and associated noise and safety impacts in order for them to make an informed decision as to whether or not they wish to live and/or work in the Airport area. Avigation Easements and Natural Hazard Disclosure Reports are required for real estate transactions in the Airport Area. Individual projects will be required to provide avigation easements and full and accurate disclosure of airport operations. Map Consistency Analysis The Aviation Safety Area Map (Figure 3) in the ALUP is the original analog map. The Developer has utilized the analog map in its consistency analys is but has made corrections to show where the Project is actually located in relationship to the Aviation Safety Areas depicted in Figure 3 and to the true GIS bearing of Runway 11-29 contained in the Airport Master Plan. Thus, the project is not located within Safety Areas S-1C and S-1B, but rather within the S-2, and as shown on the proposed development plans and is consistent with both the analog ma p as well as the textual descriptions of the Airport Safety Areas, i.e. the consistency analysis does not favor the textual descriptions over the analog map (and the additional information/inferences reflected therein). Map Consistency – Froom Ranch Project 12250 Froom Ranch Specific Plan ALUC July 15, 2020 Conditions of Consistency to be incorporated into any use permit(s) for development: 1. The residential density for the project site is limited to 630 dwelling units. 2. The non-residential density for the project site is limited to 750 persons. 3. The maximum building coverage for the project site is limited to 20%. 4. The construction plans for the proposed dwelling shall be submitted via FAA Form 7460-1 to the Air Traffic Division of the FAA regional office having jurisdiction over San Luis Obispo County at least 45 days before proposed construction or application for a building permit, to determine compliance with the provisions of FAR Part 77. All tall structures shall be re viewed by the Air Traffic Division of the FAA regional office having jurisdiction over San Luis O bispo County to determine compliance with the provisions of FAR Part 77. In addition, applicable construction activities must be reported via FAA Form 7460 -1 at least 45 days before proposed construction or application for a building permit. The Developer/Applicant shall also coordinate with the FAA on potential structural encroachments into the glidescope critical areas as shown on the draft Airport Layout Plan. 5. All extremely and moderately noise -sensitive land uses on the Project site shall include noise mitigation as required by the ALUP. 6. No structure, landscapin g, apparatus, or other feature, whether temporary or permanent in nature shall constitute an obs truction to air navigation or a hazard to air navigation, as defined by the ALUP. 12251 Froom Ranch Specific Plan ALUC July 15, 2020 7. Any use is prohibited that may entail characteristics which would potentially interfere with the takeoff, landing, or maneuvering of aircraft at the Airport, including: • creation of electrical interference with navigation signals or radio communication between the aircraft and airport; • lighting which is difficult to distinguish from airport lighting; • glare in the eyes of pilots using the Airport; • uses which attract birds and create bird strike hazards; • uses which produce visually significant quantities of smoke; and • uses which entail a risk of physical injury to operators or passeng ers of aircraft (e.g., exterior laser light demonstrations or shows). 8. Avigation easements shall be recorded for each property developed within the area included in the proposed local action prior to the issuance of any building permit or conditional use pe rmit. 9. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive full and accurate disclosure concerning th e noise, safety, or overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease, rent, or otherwise o ccupy any property or properties within the airport area. ATTACHMENTS: Attachment 1 : Froom Ranch Application Attachment 2 : Aviation Safety Areas Attachment 3: Airport Noise Contours Attachment 4 : Airport Imaginary Surfaces Attachment 5: Aircraft Flight Paths 12252 Froom Ranch Specific Plan ALUC July 15, 2020 Attachment 1 – Froom Ranch Application 12253 Froom Ranch Specific Plan ALUC July 15, 2020 Attachment 2 – Aviation Safety Areas Pr oje ct Sit e Project Site 12254 Froom Ranch Specific Plan ALUC July 15, 2020 Attachment 3 – Airport Noise Contours Project Site 12255 Froom Ranch Specific Plan ALUC July 15, 2020 Attachment 4 – Airport Imaginary Surfaces Project Site 12256 Froom Ranch Specific Plan ALUC July 15, 2020 Attachment 5 – Aircraft Flight Paths Project Site 12257