HomeMy WebLinkAboutr 10552 San Luis Obispo County Airport Land Use Commission & Caltrans draft findings for proposed Land Use and Circulation Element UpdateRESOLUTION NO. 10552 (2014 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DIRECTING STAFF TO FILE WITH THE SAN LUIS OBISPO COUNTY AIRPORT
LAND USE COMMISSION (ALUC) AND CALTRANS (DIVISION OF AERONAUTICS)
DRAFT FINDINGS THAT THE PROPOSED LAND USE AND CIRCULATION
ELEMENT (LUCE) UPDATE IS CONSISTENT WITH THE PURPOSES SET FORTH
IN PUBLIC UTILITIES CODE SECTION 21670 AND THAT THE CITY THEREFORE
INTENDS TO OVERRULE THE ALUC'S DETERMINATION THAT THE LUCE IS
INCONSISTENT WITH THE AIRPORT LAND USE PLAN (ALUP)
WHEREAS, the City was awarded a Strategic Growth Council Grant and the work scope
authorized by Council includes grant -focus items:
• Community input regarding the physical, social, economic, cultural
and environmental character of the City in order to develop a vision of
San Luis Obispo through 2035.
• A comprehensive guide for decision - making based on land use,
design, circulation and access, sustainability and the preservation of
the quality of life in the community.
• Policies that balance development and conservation to preserve the
City's natural beauty, unique character and heritage while supporting
housing opportunities, a vibrant economy and addressing
disadvantaged communities.
• Evaluate consistency with the Regional Blueprint and policies that
guide development of a Sustainable Communities Strategy in
collaboration with SLOCOG.
• Opportunities to create Complete Streets /neighborhoods and develop
programs to achieve them.
• Identify areas appropriate for residential infill and densification.
• Identify the circulation system that is needed to appropriately balance
the community's values and the need for growth
• Identify ways to achieve more affordable housing.
• Promote energy efficiency & conservation and incorporate Climate
Action Plan strategies.
• Identify transit opportunities that may be enhanced to accommodate
Transit Oriented Developments (TOD).
• Identify programs to help migrate to transportation modes other than
the single occupant vehicle.
• Identify healthy food locations and opportunities for pedestrian and
bike access.
WHEREAS, the City desires to update its General Plan Land Use and Circulation
Elements (LUCE) with policies to guide development based on logical infill development
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Resolution No. 10552 (2014 Series)
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patterns that discourage urban sprawl and provide for safe, high quality residential
neighborhoods and supportive amenities and services; and
WHEREAS, the policies and programs proposed in the LUCE Update reflect the
sentiment of the community as a whole. Since the LUCE Update process was initiated in
January 2012, there have been 34 LUCE Task Force (TF -LUCE) meetings; 8 Planning
Commission hearings and 11 City Council hearings held to refine the LUCE project description
and ensure that its policies and programs reflect the goals and desires of the community. These
efforts were informed by input from a community -wide survey and public workshops held
during this time; and
WHEREAS, the area where most of the future growth opportunities lie is in the southern
part of San Luis Obispo's Sphere of Influence; and
WHEREAS, the City retained a qualified airport land use compatibility consultant to
prepare an Airport Land Use Compatibility Report to ensure that the proposed physical growth
opportunities and policies and programs contained in the LUCE Update are in compliance with
and consistent with Article 3.5 of the State Aeronautics Act as stated in Section 21670, the
respective California Public Utilities Code sections and the California Airport Land Use
Planning Handbook; and
WHEREAS, the LUCE Update does not impact the public health, welfare and safety or
airport operations; and
WHEREAS, the Airport has an FAA - approved Master Plan (AMP) and Airport Layout
Plan (ALP); and
WHEREAS, the Airport Land Use Commission (ALUC) for the County has adopted and
approved an Airport Land Use Plan (ALUP) for the Airport; and
WHEREAS, Since 2012, the City has met extensively with the ALUC and encouraged
the ALUC to update the ALUP and has provided extensive technical and policy comments to the
ALUC along with offers of modern, accurate GIS mapping, FAA - required noise model expertise
and other related services in anticipation of the City's long projected timeline for completion of
its LUCE Update process; and
WHEREAS, said ALUP is outdated and is not consistent with the AMP and ALP for the
Airport and contains maps and policies that are ambiguous and not based on facts and supported
by substantial evidence; and
WHEREAS, the effort to provide information to the ALUC and meet with them was
intended to reconcile and resolve technical issues that have been discussed between the ALUC
and the City dating back to early 2002; and
WHEREAS, pursuant to Public Utilities Code Section 21676, the City referred the draft
LUCE Update to the San Luis Obispo County Airport Land Use Commission (ALUC) on June
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Page 3
13, 2014 for a determination as to whether the draft LUCE Update is consistent with the San
Luis Obispo County Airport Land Use Plan (ALUP); and
WHEREAS, on July 16, 2014, the ALUC conducted a public hearing and determined
that the draft LUCE Update is not consistent with the ALUP with regard to the types and
densities of development that could occur within the airport area; and
WHEREAS, further pursuant to Public Utilities Code Section 21676, the City may after
a public hearing on the matter propose to overrule the ALUC determination by a two - thirds vote
of the City Council if the City Council makes specific findings that the proposed action is
consistent with the purposes set forth in Section 21670 of the California Public Utilities Code;
and
WHEREAS, prior to overruling the ALUC's determination, the City must provide the
ALUC and Caltrans Division of Aeronautics with a copy of the Council's intent to overrule and
draft findings at least 45 days prior to a final decision to overrule, pursuant to Section 21676(b)
of the Public Utilities Code; and
WHEREAS, to promote the land uses and policies contained within the LUCE Update,
staff seeks authorization from Council to notify the ALUC and Caltrans Division of Aeronautics
of the City's intent to overrule the ALUC's determination of inconsistency and to provide ALUC
and Caltrans with the opportunity to provide comments on the draft findings; and
WHEREAS, any comments timely received will be duly considered and will be included
in the final record of decision on any overrule action by Council.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council intends to overrule the Airport Land Use Commission's
findings of inconsistency based on the findings contained in Exhibit A hereto, and hereby directs
staff to begin the required noticing in preparation of a final decision to overrule the ALUC's
inconsistency determination regarding the LUCE Update.
SECTION 2. The City Council declares that should any provision, section, paragraph,
sentence, or word of this Resolution be rendered or declared invalid by any court of competent
jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences and words of this Resolution shall remain in full force and effect.
SECTION 3. The Mayor shall sign this Resolution and the City Clerk shall certify to the
adoption of this Resolution.
Upon motion of Vice Mayor Christianson
p _ ,seconded by
Council Member Ashbaugh . and on the following roll call vote:
Resolution No. 10552 (2014 Series)
Page 4
AYES: Council Member Ashbaugh, Vice Mayor Christianson, Mayor Marx
NOES: None
ABSENT: None
ABSTAINED: Council Members Carpenter, Smith
The foregoing resolution was adopted this 19th day of August 2014.
Mayor Marx
ATTEST:
iristine Dietrick
Attorney
Resolution No. 10552 (2014 Series)
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Exhibit "A"
Draft Findings for the City of San Luis Obispo's Intent to Overrule the
Airport Land Use Commission's Determination that the Draft Land Use
and Circulation Element (LUCE) Update and associated
Implementation including creation of Airport Overlay Zoning
Regulations are Inconsistent with the Airport Land Use Plan
1. The policies and programs of the draft LUCE Update, including the provisions of the
Airport Overlay Zoning regulations, are based on the City of San Luis Obispo General
Plan Update, Land Use and Circulation Element (LUCE), and Airport Land Use
Compatibility Report (Compatibility Report) prepared by Johnson Aviation dated August
11, 2014. The Compatibility Report, which contains the supporting technical analysis
and documents precisely how the draft LUCE Update complies with the State
Aeronautics Act (SAA), as set forth in Division 9 (Aviation) of the Public Utilities Code
(PUC), and the California Airport Land Use Planning Handbook (Handbook), is
incorporated herein by reference.
2. As evidenced by the Compatibility Report, the Airport- related policies and programs
contained in the Draft Land Use and Circulation Element (LUCE) and implementing
Airport Overlay Zone (AOZ) zoning regulations provide adequate measures to "protect
public health, safety and welfare" and "minimize the public's exposure to excessive noise
and safety hazards" near the Airport "to the extent that these areas are not already
devoted to incompatible uses," pursuant to Public Utilities Code Section 21670(a)(2).
3. Historically, the City deferred to the Airport Land Use Commission (ALUC) and County -
adopted Airport Land Use Plan (ALUP) for airport land use compatibility determinations.
In recent years, however, errors and omissions within the ALUP have become apparent.
The City now considers the ALUP to be flawed and outdated, with policies that are not
based on facts. The ALUP does not comply with the public health and safety
requirements of the State Aeronautics Act
4. The "Airport Planning Area" defined within the Existing ALUP is identical to the
planning area identified in the ALUP as originally adopted in 1977. In 37 years, the
safety zones in this Existing ALUP have not been updated.
5. Safety zones designated in the existing ALUP are not accurately aligned with the San
Luis Obispo Airport runways and they do not reflect runway length changes constructed
in recent years and depicted on the FAA - approved Airport Layout Plan (ALP).
6. State law requires that ALUPs be consistent with the Airport Master Plan (AMP), the
Airport Layout Plan (ALP) and the FAA - approved Terminal Area Forecast (TAF). The
existing ALUP is not consistent with the AMP, the ALP or the TAF.
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Exhibit "A"
7. ALUCs are not empowered to determine what the future airfield configuration, airport
role, or activity levels will be. State statutes direct that an ALUCP must be based upon
an Airport Master Plan and FAA - approved Terminal Area Forecast (TAF).
8. While planners are not mandated to use the sample zones provided in the Handbook, they
are mandated to create zones that have easily definable geometric shapes, are as compact
as possible, have a distinct progression in the degree of risk represented, and are limited
to a realistic number (five or six should be adequate in most cases). The ALUP's safety
zones require complex trigonometry to define, show an increasing geographic area of risk
at further distances from the airport, and contain zones that are not described by the
Handbook and that are not reflective of Handbook Table 3A adjustment factors.
9. Since January 2012, the City of San Luis Obispo has encouraged the ALUC to update the
ALUP for consistency with the SAA, PUC and Handbook in an open and collaborative
manner based on factual information and realistic airport operations scenarios. Such an
update has not occurred.
10. The policies and programs set forth in the proposed LUCE Update and implementing
Airport Overlay Zone are based upon the California Airport Land Use Planning
Handbook and are consistent with the guidelines recommended by Caltrans to
specifically fulfill the purposes of Article 3.5 of the State Aeronautics Act as stated in
Section 21670.
11. The City went through an extensive effort to ensure that the City's LUCE policies: (1) are
consistent with the purposes of the State Aeronautics Act, as stated in Section 21670: (2)
are consistent with the Caltrans Handbook's policies and recommendations relating to
safety, overflight, airspace protection and noise; and (3) that the LUCE policies do not
adversely impact the public health, welfare and safety or airport operations. All of the
policies in the LUCE are based on substantial evidence provided in the Airport Land Use
Compatibility Report included as a technical appendix to the LUCE Update EIR and
incorporated by reference. This report includes a careful examination of the existing and
proposed airport facilities, operations, and local procedures; weather, topography, aircraft
accidents and incidents. The report also includes a careful examination of the County -
approved Airport Master Plan, FAA - approved Airport Layout Plan and application of
Federal Aviation Regulation (FAR) Part 77 obstruction analysis. The report also includes
recommendations for LUCE policies consistent with the purposes of the State
Aeronautics Act and guidelines provided in the Caltrans Handbook. Therefore, the LUCE
policies and programs and associated implementation through creation of an Airport
Overlay Zone is based on substantial evidence and is consistent with the purposes of
Article 3.5 of the State Aeronautics Act as stated in Section 21670, to minimize the
public's exposure to excessive noise and safety hazards and to not impact public health,
welfare and safety or existing and future airport operations.
12. The draft LUCE Update and implementing Airport Overlay Zoning regulations
incorporate and are fully consistent with the current Caltrans Handbook standards for
addressing safety, noise, overflight and airspace protection and also include accurate
Resolution No. 10552 (2014 Series)
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Exhibit "A"
Geographic Information System (GIS) mapping, current FAA operations and planning
standards and significant airport planning information from the County- adopted Airport
Master Plan and FAA - approved Airport Layout Plan. The City has also developed
complete technical airport operational information through its Airport Land Use
Compatibility Report fully considering FAA - regulated and approved operations and
procedures. San Luis Obispo Regional Airport supports all - weather General Aviation
operations and scheduled commercial passenger service with no deviations due to
topography or weather that limit these operations or require adjustments to Caltrans
Handbook safety zones. The City applied the Caltrans Handbook density and intensity of
use standards to each proposed Airport Overlay Zone to ensure safety and compatibility
of existing and proposed land uses and to prevent future development of incompatible
land uses.
13. Airport Safety policies and programs contained in the LUCE Update are consistent with
California Airport Land Use Planning Handbook guidelines (See Handbook, Chapter 3,
Page 3 -15 through 3 -27; Chapter 4, Pages 4 -17 through 4 -34) and substantiated by the
FAA - approved San Luis Obispo County Airport Master Plan activity forecasts because
policies and programs address development standards to regulate development intensity,
density, and prohibited uses; infill development standards, height limitations and other
hazards to flight; noise, buyer awareness measures, avigation easements; airspace
obstruction; open land; non - conforming uses and reconstruction; and City review. These
policies and programs meet the guidance and direction provided in sections 4.2, 4.3, 4.4,
4.5, and 4.6 of the California Airport Land Use Planning Handbook guidelines. The
FAA - approved Airport Master Plan forecasts of aviation activity is the best reasonably
foreseeable projection of ultimate aviation activity sufficient for long -term safety
planning purposes (See Handbook, Pages 3 -7 through 3 -8). Public Utility Code
§21675(a) requires land use compatibility plans to be based on the Airport Master Plan
for the San Luis Obispo County Regional Airport.
14. The City's LUCE is consistent with the overall goal of the State Aeronautics Act to
minimize incompatible land uses within the vicinity of the Airport. The LUCE does not
adversely impact public health, welfare and safety or airport operations because it
includes measures to reduce or eliminate any potentially significant noise or safety
impacts, as documented in the Compatibility Report and LUCE Draft Environmental
Impact Report (EIR) through the implementation of a combination of LUCE policies and
the Airport Overlay Zone (AOZ). The Caltrans Handbook goes further to delineate the
characteristics of "ideal" safety zones such as "easily definable geometric shapes," a
limited number of five or six zones, a distinct progression in the degree of safety risk
further from the runway and "each zone should be as compact as possible." The City's
proposed LUCE is intended to accomplish this ideal by incorporating those guidelines.
Furthermore, the ALUP noise contours are inconsistent with the verified and validated
noise contours from the County- approved Airport Master Plan EIR using the FAA's
latest version of the Integrated Noise Model (INM).
15. Pursuant to Public Utilities Code Section 21670(a)(b), the Policies and Programs
contained in the Draft LUCE Update ensure the orderly expansion of the airport and
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Exhibit "A"
include land use controls that minimize the public's exposure to excessive noise and
safety hazards within areas around the airport to the extent that these areas are not already
devoted to incompatible uses.
16. The Draft LUCE update and implementing Airport Overlay Zone (AOZ), provide for a
progression of land use density and intensity based on the degree of reduced noise and
safety risk with distance away from the runways, consistent with California Airport Land
Use Planning Handbook guidelines. The FAA - approved Airport Layout Plan (ALP)
dated November 4, 2010 depicts the ultimate planned development of SBP facilities,
including runways and associated Runway Protection Zones. The Draft LUCE update
and associated implementation regulations apply noise restrictions based on the FAA -
approved Airport Master Plan forecasts of aviation activity based upon a 20 year
planning horizon. The FAA - approved Master Plan forecast is the best reasonably
foreseeable projection of ultimate aviation activity sufficient for long -term noise planning
purposes.
17. Policies and programs contained in the City's LUCE Update and implementing zoning
regulations do not replace or usurp the ALUC's authority because the LUCE policies and
programs only apply within the city limits. In addition, all future projects involving a
legislative act, such as a general plan amendment, specific plan or zone change, would be
referred to the ALUC for an ALUP consistency determination as reflected in the
implementing Airport Overlay Zone Section 17.57.030(C).
18. The ALUP contains land use criteria for a Maneuvering Zone and S 1 -C Zone that have
no equivalent in the Handbook Guidelines, and an S -2 Zone that is larger in size and
contains unduly restrictive use limitations compared to that recommended by the
Handbook guidelines (See Handbook, Page 3 -15 through Page 3 -16), yet no facts or data
supporting the configuration or the use limitations are available. Such unnecessary and
unjustified restrictions may constitute a `take' and it is not in the community's interest to
unnecessarily limit the City's ability to accommodate desired infill growth. Therefore,
the City will opt to exercise its rights under Public Utilities Code Section 21676(b) to
overrule the ALUC with regard to this matter. The City's overrule is supported by the
fact that the combination of LUCE policies and the Airport Overlay Zone (AOZ) provide
standards for development that protect public health and safety consistent with the State
Aeronautics Act as evidenced in the analysis shown in the Airport Compatibility Report,
and are consistent with the California Airport Land Use Planning Handbook and protect
public health and safety consistent with the State Aeronautics Act as evidenced in the
analysis shown in the Airport Compatibility Report incorporated by reference. The
policies, programs and implementation of the LUCE include standards that address
development intensity, density, and prohibited uses; infill development standards, height
limitations and other hazards to flight; noise, buyer awareness measures, avigation
easements; airspace obstruction; open land; non - conforming uses and reconstruction; and
City review. The Compatibility Report section 4.3 evaluated adjustment factors and
determined that no safety zone adjustments are required to California Airport Land Use
Planning Handbook safety zone configurations for SBP. Evaluation and
recommendations listed in Section 9 of the Compatibility Report indicate that compliance
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Exhibit "A"
with the California Airport Land Use Planning Handbook guidance for uses appropriate
to each safety zone meets the State Aeronautics Act §21674.7(b) direction to discourage
incompatible land uses around the airport.
19. The planned facilities identified in the San Luis Obispo County Regional Airport (SBP)
Master Plan, and on the FAA - approved ALP accommodate forecast demand. However,
as noted in the SBP Master Plan Update, "the cost - effective, efficient, and orderly
development of an airport should rely more upon actual demand at an airport than on a
time -based forecast figure" " (See Chapter 5 of the Airport Compatibility Report for a
complete discussion of and validation of the AMP Forecast for use as intended under the
PUC Section 21675, "that reflects the anticipated growth of the airport during at least the
next 20 years. ". This is why the planning of facilities at SBP is based on milestones of
short, intermediate, and long term aviation activity versus actual years even though the
Master Plan forecast covered 20 years from when it was published in 2004. The planning
of facilities at SBP incorporates milestones of short, intermediate, and long term aviation
activity indicate when facilities will respond to aviation activity in addition to the
anticipated forecast horizon.
20. The recession that began in 2007 had a great impact on air travel. SBP lost nearly 34%
of its enplanements as carriers responded to the rising price of oil, declining demand and
realigned air service networks. Actual annual aviation activity at SBP has been
significantly lower than the SBP Master Plan forecasts. Even though the SBP Master Plan
Update forecast is based on aggressive growth at SBP, and trends that are not in line with
existing activity and the FAA forecast, facilities called for in the Master Plan it support
the ultimate physical development of the Airport, which is shown in the County- adopted
Master Plan and on the FAA - approved ALP. The preferred use of the SBP Master Plan
Update forecast is consistent with the Handbook guidance that, "[e]ven when the
forecasts and contours in a master plan do not extend at least 20 years into the future,
information contained about the intended role and future physical characteristics of the
airport is needed for compatibility planning (See Handbook, Pages 3 -7, 3 -8)." Actual
annual aviation activity at SBP was 66% lower than the SBP Master Plan forecast for
2012, and this gap grew larger in 2013 with even lower SBP aircraft operations. Thus, the
Master Plan forecast and associated noise contours form a conservative base of
information to use when considering long term compatibility of land uses through the
LUCE update. The proposed land uses and policies do not conflict with the AMP.
21. The SBP Master Plan Update forecast greatly exceeds the current actual operations
activity as well as the FAA's Terminal Area Forecast of operations that extends out to
2040. As per FAA AC 150/5070 -6B, Airport Master Plans, master plan forecasts for
operations, based aircraft, and enplanements are considered to be consistent with the
Terminal Area Forecast (TAF) if they differ by less than 10 percent in the 5 -year forecast
and 15 percent in the 10 -year period for "other commercial service airports" like SBP.
The current Master Plan for SBP differs more than 10% in the 5 -year forecast and 15% in
the 10 -year forecast which indicates that the operational projections in the Master Plan
are more aggressive than likely and may be used as a very long term conservative
projection of potential aircraft operational noise. Thus, the Master Plan forecast and
Resolution No. 10552 (2014 Series)
Page 10
associated noise contours form a
considering long term compatibility
Handbook, Pages 3 -7, 3 -8).
Exhibit "A"
conservative base of information to use when
of land uses through the LUCE update. (See
Vin(iings that LUCE Polices and Implementing Airport Overlay Zone (AOZ) Regulations
Provide Adequate Protection for Noise, Safety, Overflight and Airspace Protection
Noise
22. The City is concerned that limiting new residential and other noise sensitive uses to areas
outside the 55 dB CNEL noise contour may be subject to legal challenge as a taking of
property without just compensation in light of FAA and Caltrans' guidelines with respect
to land use compatibility and the lack of data supporting the application of the 55 dB
standard to an urban area such as San Luis Obispo. The LUCE update relies on the
approved Airport Master Plan and associated EIR to identify the noise contours
applicable to the community of San Luis Obispo. Section 6.3 of the Compatibility Report
uses the Airport Master Plan operational forecasts to evaluate the existing and projected
noise environment for the community. The LUCE update and implementation through the
Airport Overlay Zone apply the 60dB CNEL contour as the maximum acceptable noise
exposure for new residential uses. This complies with Table 4B in the California Airport
Land Use Planning Handbook which indicates that 60 dB is suitable for new
development around most airports and that it is particularly appropriate in mild climates
where windows are often open.
23. Despite a Public Records Act request of the ALUC and direct outreach to the original
consultant noted on Figures 1 and 2 in the existing ALUP, the ALUC has been unable to
produce the factual basis for the noise analysis and related technical assumptions
(projected numbers of operations, types of aircraft, time of day of operations) used to
create the noise contours used in the Existing ALUP. Noise contours shown in Figure 1
of the ALUP indicate contours are based on a hypothetical maximum runway capacity
which is inconsistent with Public Utility Code §21675(a) which requires that the ALUP
be based upon the most recent Airport Master Plan. Therefore, requiring compatibility of
the LUCE update and associated Airport Overlay Zone implementation to the ALUP
noise contours is not appropriate. The LUCE update and associated implementation
relies on the approved Airport Master Plan and associated EIR aircraft operations forecast
noise contours as those applicable to the community of San Luis Obispo in compliance
with the Public Utilities Code §21675(a) and the California Airport Land Use Planning
Handbook Chapters 3 and 4.
24. Table 413, Noise Compatibility Criteria Alternatives (New Residential Land Uses) from
the California Airport Land Use Planning Handbook establishes the three CNEL values
commonly used as the limit for acceptable residential noise exposure and their
applicability. On Page 4 -7, the Handbook states that areas with a noise level of 60 dB
CNEL are "suitable for new residential development around most airports" and
"particularly appropriate in mild climates where windows are often open."
Resolution No. 10552 (2014 Series)
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Exhibit "A"
25. The City's proposed airport noise standard for new residential uses is 60 dB CNEL,
consistent with the Caltrans Airport Land Use Planning Handbook recommendations for
urban areas as shown on page 4 -8 in Figure 4A. The Handbook shows 60 dB CNEL as a
typical setting for urban low - density residential uses. Further, the City's proposed noise
standard is based upon verified and validated noise contours from the County- approved
Airport Master Plan EIR using the FAA's latest version of the Integrated Noise Model
(INM). ) (See Airport Compatibility Report Section 6, Airport Noise, Pages 42 -52).
26. The aircraft noise analysis prepared for the Airport Master Plan Environmental Impact
Report is documented in Chapter 5 of the Airport Master Plan EIR. The assumptions
regarding aircraft operations amounts, types, spatial and temporal distribution is reflected
in Figure 5.1 -6 of the AMP EIR. The AMP EIR operations assumptions were entered
into the Integrated Noise Model version 7.Od and generated noise contours that were
compared to the AMP EIR on page 52 of the Compatibility Report. The resultant noise
contours confirmed the AMP EIR information as an accurate mapping of the long term
noise impact of the airport's aviation activity that is tied to the ultimate facilities
development depicted in the FAA - approved Airport Layout Plan. The City's use of the
Airport Master Plan noise contours for purposes of development of its LUCE Update
noise contours and the application of a 60 dB CNEL exterior noise standard and 45 dB
CNEL interior noise standard for new residential uses is appropriate and is consistent
with FAA and State aircraft noise planning standards (Handbook, Page 4 -46).
27. The aircraft noise analysis prepared for the SBP Master Plan Update in the 2006 EA/EIR
provides an accurate mapping (See Airport Compatibility Report, Pages 51 -52) of the
long term noise impact of the Airport's aviation activity that is tied to the ultimate
facilities development depicted in the FAA - approved ALP. The City's use of the Airport
Master Plan noise contours for purposes of development of its LUCE Update noise
contours and the application of a 60 dB CNEL exterior noise standard and 45 dB CNEL
interior noise standard for new residential uses is appropriate and is consistent with FAA
and State aircraft noise planning standards (Handbook, Page 4 -46). The SBP EA /EIR
found no existing or planned noise impact on the surrounding community as a result of
the full build out of the Airport.
28. The ALUP noise contours are not based on the SBP Master Plan forecast operations but
rather on a theoretical "capacity" of the runways with no connection to the underlying
demand or proven usage characteristics of the runways, resulting in an unrealistic and
vastly over - stated noise impact. The City's LUCE is appropriately based on the SBP
Master Plan forecast operations with all of the facts and assumptions clearly available in
the SBP EA/EIR for objective review. The ALUC does not present the underlying
assumptions or technical facts used to create the noise contours provided in the ALUP,
and have not been able to make this information available for review. The LUCE update
and associated implementation relies on the approved Airport Master Plan and associated
EIR aircraft operations forecast noise contours as those applicable to the community of
San Luis Obispo in compliance with the Public Utilities Code §21675(a) and the
California Airport Land Use Planning Handbook Chapters 3 and 4.
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Exhibit "A"
29. Seventy -five percent of all aircraft noise complaints collected by County Airport officials
over the last five years are generated by three individuals as provided in a report by the
ALUC to the City of San Luis Obispo.
30. The San Luis Obispo Regional Airport is not included in the list of ten "Noise Problem"
Airports in California as defined in the California Code of Regulations, Title 21, Section
5000, et seq.
31. The San Luis Obispo County Board of Supervisors have not applied to the State to have
SBP defined as a "Noise Problem" Airport in California as defined in the California Code
of Regulations, Title 21, Section 5000 et seq.
Safety
32. Review processes and height restrictions supported through the LUCE and Airport
Overlay Zone require compliance with FAA Part 77 criteria. Therefore, the Draft LUCE
update and associated implementation through an Airport Overlay Zone which reflect the
Handbook guidance for the most recent Airport Master Plan will not impact the Airport's
ability to qualify for payments from the Aeronautics Account to support airport
development as stated in PUC § 21659.
33. The California Airport Land Use Planning Handbook uses Runway Protection Zones
(RPZs) and certain Part 77 surfaces to help delineate recommended airspace protection
zones around airports. The Draft LUCE update and associated implementation through
an Airport Overlay Zone incorporate compliance with Part 77 surfaces and other
requirements to address potential obstructions near the airport. Public Utilities Code
§21403(c) provides the right of aircraft to safe access to public airports including the
right of flight within the zone of approach without hazard. This zone of approach shall
conform to Part 77 regulations which are incorporated into the LUCE and Airport
Overlay Zone.
34. Safety provisions to address aircraft in distress as specified in the Handbook's
"Guidelines for Extent of Open Land Near Airports" criteria (beginning on Page 4 -31 of
the Handbook) is addressed in the Airport Overlay Zone Section 17.57.050. This section
calls out open land areas already planned for and secured in addition to open land
objectives for the overlay zones that comply with those listed on page 4 -31 and 32 of the
Handbook.
35. The instrument procedures at SBP are found in the Airport Master Plan beginning on
Page 1 -14 provide straight -in final approaches to Runway 11 and Runway 29 with
vertical guidance for pilots flying in instrument weather conditions creating the safest
approach possible and avoiding the need to use circling approaches (See Airport Land
Use Compatibility Report, Page 27 and Handbook, Page 3 -22). Since no adjustments to
flight routes have been identified for the airport, the configuration and use limitations
associated with the Handbook - defined safety zones is adequate for the San Luis Obispo
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Exhibit "A"
County Regional Airport. Airport Overlay Zone Chapter 17.57 identifies overlay zones 1-
6 and associated land use standards that are consistent with Chapter 4 of the California
Airport Land Use Planning Handbook safety zones 1 -6 and land use limitations.
36. The historical accident data at SBP is insufficient to draw conclusions about risk of
accidents in the future based on frequency and consequence. However, the Handbook
aggregates all data regarding accidents and incidents and integrates this data into the
recommended safety zones. Each Handbook - identified safety zone represents a relatively
uniform risk level that is distinct from the other zones based upon mathematical analysis
of the accident location data. Appendix E of the 2011 Handbook contains updated
aircraft accident information that was compared to 2002 data in order to determine if
changes to the Handbook safety zones were warranted. As documented on page 3 -16 of
the Handbook, evidence from analysis of the new data was insufficient to conclude that
geographic distribution of accidents had significantly changed and therefore the basis for
the suggested zones had not changed. The Draft LUCE update and associated
implementation through an Airport Overlay Zone applies use limitations within
boundaries recommended by the Handbook (See Handbook, Pages 4 -20 through 4 -25)
and identifies overlay zones 1 -6 and associated land use standards that are consistent with
Chapter 4 of the California Airport Land Use Planning Handbook safety zones 1 -6 and
associated land use limitations.
37. An analysis of the Handbook Safety Zone Adjustment Factors was completed for SBP in
section 4.3 of the Compatibility Report and the findings indicate that no safety zone
adjustments from those recommended by the Handbook are required (See Airport Land
Use Compatibility Report, Pages 33 -34).
38. LUCE Policies and the adoption of the Airport Overlay Zone provide both a policy frame
work and standards for development to ensure that development is consistent with
allowable densities, height limitation, allowable uses, and other safety standards to ensure
that development is evaluated for consistency with the State Aeronautics' Act. The
Airport Overlay Zone took into account existing and proposed facilities identified in the
Airport Master Plan (AMP) in establishing standards for development to ensure that
future development would only be allowed in areas that minimize risk to public health
and safety and consistent with the State Aeronautics Act and the recommended
Handbook Safety Zones. LUCE Policies and the adoption of the Airport Overlay Zone
provide both a policy frame work and standards for development to ensure that
development is consistent with densities /intensities, height, allowed uses, obstructions,
noise and other safety standards to ensure that development is evaluated for consistency
with the State Aeronautics' Act. The Airport Overlay Zone took into account existing
and proposed facilities identified in the Airport Master Plan (AMP) in establishing
standards for development to ensure that future development would only be allowed in
areas that minimize risk to public health and safety and are consistent with Handbook
Safety Zones.
Airspace Protection
Resolution No. 10552 (2014 Series)
Page 14
Exhibit "A"
39. Airport Overlay Zone Section 17.57.060 contains Airspace Protection standards to reduce
the risk of harm to people and property resulting from an aircraft accident by preventing
the creation of land use features and prohibition of any activities that can pose hazards to
the airspace used by aircraft in flight, consistent with recommendations beginning on
Page 4 -34 of the Handbook beginning. Pursuant to Federal Aviation Regulation (FAR
Part 77) and Public Utilities Code (PUC) Section 21659, the Airport Overlay Zone
17.57.060 ensures that no structures shall penetrate the airspace protection surfaces of the
airport without a permit from the California Department of Transportation, or a
determination by the Federal Aviation Administration (FAA) that the object does not
constitute a hazard to air navigation or would not create an unsafe condition for air
navigation. The LUCE and associated Airport Overlay Zone implement this guidance in
compliance with Handbook Chapter 3. Building permits for such structures shall not be
issued until a Determination of No Hazard has been issued by the FAA and any
conditions in that Determination are met. Approvals for such projects may include the
requirement for an avigation easement, marking or lighting of the structure, or
modifications to the structure.
40. Airport Overlay Zone Section 17.57.060 further prohibits other activities that could pose
a hazard to flight operations, including but not limited to: distracting lights, sources of
dust, steam, heat or smoke, sources of electrical interference and features that attract
birds. These standards are consistent with the Airspace Protection and Hazards to Flight
guidelines beginning on Page 4 -34 of the Handbook and therefore provide for airspace
protection that minimizes public health and safety consistent with the State Aeronautics
Act.
Overflight
41. Airport Overlay Zone Section 17.57.080 includes overflight standards and requires
overflight notification for land uses near the San Luis Obispo County Regional Airport
and requires that all owners of property offered for -sale or for -lease within the Airport
Overlay Zone to provide a disclosure prior to selling or leasing property in San Luis
Obispo, disclosing that the property is routinely subject to overflights by aircraft and, as a
result, residents may experience inconvenience, annoyance, or discomfort arising from
the noise of such operations. This is consistent with guidelines beginning on Page 4 -13 of
the handbook. Further, the disclosure reiterates the importance of public -use airports to
protection of the public interest of the people of the state of California indicates that the
current volume of aircraft activity may increase in the future in response to San Luis
Obispo County and City population and economic growth. Said Section 17.57.080
requires that all subsequent deeds conveying land within the Airport Overlay Zone shall
contain a statement such a disclosure and that such disclosure shall be recorded and
appear with the property deed.
42. Airport Overlay Zone Section 17.57.090 requires that substantial open space be
maintained in the Airport Overlay Zone area for emergency landings, pursuant to
guidelines beginning on Page 4 -30 of the Handbook. Within the Airport Area Specific
Resolution No. 10552 (2014 Series)
Page 15
Exhibit "A"
Plan area, the following open space is required for this purpose: 250 acres on the Chevron
property with two areas specifically improved to meet ALUC standards; and a 300' wide
strip adjacent to Buckley Road (24 acres) on the Avila Ranch site. Substantial open area
is also required for this purpose within the Margarita Area Specific Plan area, at Laguna
Lake Park; on the Brughelli property south of Buckley Road; and within the San Luis
Ranch Specific Plan area, west of Highway 101 and south of Dalidio Drive. Section
17.57.090 further provides that where open space or conservation easements have been
obtained and the topography supports it, the City shall not allow uses to be established
that conflict with their availability to be used as a landing option in the event of an
emergency. Where easements have yet to be obtained, the City shall incorporate the
requirement for open land as part of the discretionary approval process. The amount of
open space required within the Airport Overlay Zone is prescribed for each of the six (6)
Airport Overlay sub - zones, consistent with the Handbook.
Reference availability: Airport Land Use Compatibility Report, and Final Compatibility Report
Dated August 11, 2014.
www.slo2035.com