HomeMy WebLinkAbout08-19-2014 ph4 ochylskiThe Law Office of Marshall E. Ochylski
Post Office Box 14327
The Parsonage at Old Church Place
876 Pacific Street, Suite 210
San Luis Obispo, California 93406 AUG 1 9 2014
Telephone: (805) 544 -4546
Facsimile: (805) 544 -4594
E -mail: mochylski @slolegal.com
August 18, 2014
AGENDA
City Council Members CORRESPONDENCE
City of San Luis Obispo S - m I item# F
990 Palm Streett�._
San Luis Obispo, California 93401 -3249
Subject: Initial Steps to Consider Overrule of the San Luis Obispo County
Airport Land Use Commission's Determination
Dear Councilmembers:
I am writing this letter in support of the Council's preliminary consideration of a
resolution to overrule the San Luis Obispo Airport Land Use Commission's ( "ALUC ") finding
that the City of San Luis Obispo's updated Land Use and Circulation Element ( "LUCE) is
inconsistent with ALUC's Airport Land Use Plan ( "ALUP ").
As you are well aware, the LUCE's policies and objectives developed over the last three
years are the result of unprecedented public outreach and involvement. Unfortunately, the
LUCE recommendations, including the specific standards in the Airport Operation Zone
( "AOZ "), which make best use of the City's existing and future resources, have been determined
by the ALUC to be inconsistent with existing ALUP's policies.
As an introduction to the following discussion, the controlling legislation that must be
followed by both the City and the ALUC is the State Aeronautics Act ( "SAA "). Further detail is
included in the Caltrans Division of Aeronautics' California Airport Land Use Planning
Handbook ( "Handbook ").
Section 21670.1 of the SAA requires that an ALUP be based on "... on the height, use,
noise, safety, and density criteria that are compatible with airport operations, as established by
this article, and referred to as the Airport Land Use Planning Handbook, published by the
division [ Caltrans Division of Aeronautics], and any applicable federal aviation regulations,
including, but not limited to Part 77 (commencing with Section 77.1) of Title 14 of the Code of
Federal Regulations."
Further, Section 21096 of CEQA requires that "... the Airport Land Use Planning
Handbook published by the Division of Aeronautics of the Department of Transportation ...
shall be utilized as a technical resource to assist in the preparation of the environmental impact
report as the report relates to airport- related safety hazards and noise problems."
San Luis Obispo City COUnCil
Initial Steps to Consider Overrule of the
San Luis Obispo County Airport Land Use Commission's Determination
August 19, 2014 City Council Meeting
Agenda Item PF14
August 18.2014
As a part of its LUCE update process, the City has included extensive technical data in its
analysis, including an objective database of actual noise and safety parameters, a review of the
30 -year accident and noise complaint history associated with the airport, and a detailed analysis
of the expansion needs and functions of the airport. To further assure the compliance of the
LUCE with the SAA, the City retained a qualified professional airport land use compatibility
consultant to prepare its Airport Land Use Plan Compatibility Report, which concluded that there
are no local conditions, including accident data, which warrant deviation from the Handbook
designated airport zones. The LUCE has gone to extensive lengths to include standards and
regulations that are directly related to impacts resulting from the airport's actual and projected
operations.
We support the Council's approval of a resolution directing staff to prepare and distribute
draft findings to overrule the San Luis Obispo Airport Land Use Commission's finding of
inconsistency for the City of San Luis Obispo's updated Land Use and Circulation Element. We
support this action because (i) it is clearly in the community's best interest for the City to control
land uses within its jurisdiction; and (ii) land use decisions in and around the Airport Area must
be based on objective data, realistic airport operations scenarios and technically supported
standards in accordance with the strict interpretation of the California State Aeronautics Act and
Caltrans Division of Aeronautics' California Airport Land Use Planning Handbook.
Simply stated, approval of the resolution, given the rigorous LUCE policies related to
airport safety and noise compatibility based on objective data, will assure that the City has
control of the land uses with its jurisdiction, that the public is not exposed to excessive noise or
operational risks, while allowing for the projected growth and expansion of the San Luis Obispo
Regional Airport.
Thank you for your consideration, we will be in attendance at the City Council meeting
speaking in support of the resolution.
Sincerely,
Marshall E. Ochylski,
Attorney
MEO /mb
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