HomeMy WebLinkAboutPH4 LUCE Update - Airport Land Use PlanCommunity Development
919 Palm Street, San Luis Obispo, CA 93401 -3218
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slocity.org
August 1, 2014
Airport Land Use Commission
c/o County of San Luis Obispo
County Government Center
San Luis Obispo, CA 93408
Subject: Noise modeling scope of work for Airport Land Use Plan update
Chairman Oxborrow and Members of the Airport Land Use Commission:
The City has a great desire to work with the Airport Land Use Commission as it updates the
ALUP and would like to be able to support an effort that is based on factual information and
state and federal guidance and direction. This letter comments on two aspects of the
update: the noise modeling and the process itself. Please see our comments under the sub-
headings below:
Noise
The City appreciates the opportunity to review the revised scope of work for noise modeling
associated with the preparation of the San Luis Obispo County Airport Land Use Plan
(ALUP). The Airport Land Use Commission has indicated that updated noise contours are
necessary to support an update to the ALUP. There are a number of concerns regarding
the proposed noise modeling to be used in the update that the City continues to have, and
therefore two recommendations are provided below. The attached technical memorandum
by Johnson Aviation provides additional information.
Recommendation #1
Use the existing projections contained in the approved Airport Master Plan (AMP) to model
projected noise associated with future operations by projecting a reasonable growth rate
from current existing operations (approximately 68,000 in 2013) until the base number of
operations from the AMP is achieved (approximately 115,000). Then, project the growth in
operations shown in the approved AMP. This will provide the 40 year forecast the ALUC is
seeking to support the noise modeling as part of an updated ALUP.
Why use this approach?
1. The scenarios proposed by the ALUC are not based on baseline facts, do not reflect
the Airport Master Plan integration of operations and physical improvements to
support those operations, and do not start from actual operations statistics.
2. The California Airport Land Use Planning Handbook states that ALUP's must be
based on the Airport Master Plan, and that ALUC's are not empowered to determine
what the future airfield configuration, airport role, or activity levels will be. The
Airport Land Use Commission
City of San Luis Obispo Noise Modeling Comments
August 1, 2014
ALUC's draft scope identifies a growth scenario that starts from a base of nearly
twice the actual 2013 operations, and would require almost 3% growth in operations
every year for 40 years from 2013 levels to achieve.
3. The Airport Master Plan operations' forecast is already an aggressive one that will
support the ALUC's desire for a conservative approach to identifying noise impacts
for consideration of impacts to future land uses. The noise modeling in the AMP EIR
reflects noise signatures associated with fleet transition to larger passenger jets
which is a trend that has not manifested at SBP.
4. Producing a 50 db CNEL contour for application to the City is not appropriate
because the ambient noise levels in San Luis Obispo already exceed that level.
The City understands the Commission's desire for the ALUP to look further than 20 years
into the future when considering potential noise associated with operations. The City
supports the concept but has grave concerns in the approach being used: assuming
operations not in existence and projecting an aggressive growth scenario from an artificial
base IS an issue.
Recommendation #2
If the Commission desires to instead generate a new forecast, it should only be produced in
the context of an Airport Master Plan update and reviewed and approved by the FAA.
Otherwise, the Airport Land Use Commission is not using the activity forecast approved by
the FAA that was developed and evaluated through the Master Plan and associated EIR.
Why use this approach?
1. The FAA is responsible for approving AMP forecasts. Involving the FAA in reviewing
operations projecting will ensure the ALUP is based on factual information approved
by the federal agency responsible for doing so.
2. If a locally prepared forecast differs from the FAA Terminal Area Forecast (TAF) by
more than 10% in the first five -year period and 15% in the 10 year period, the FAA
requires them to be justified to be used for planning purposes. The ALUC's proposal
varies significantly from the TAF and the AMP. Projecting operations growth
anticipated in the current TAF out 40 years represents a total growth in operations of
about 8% whereas the ALUC's proposed scenarios project anywhere from 62% to
164% growth over current operations. To use any of these scenarios for planning
purposes is not appropriate without the review of the FAA through an update to the
AMP.
Process
As the City has most recently commented at the July 16, 2014, Airport Land Use
Commission (ALUC) meeting, the City desires to work with the Commission to revise the
ALUP in an open and collaborative manner based on factual information, realistic airport
operations scenarios and technically supported standards. City staff requests that the
ALUC make update documents public and open the update process at public forums. The
Airport Land Use Commission
City of San Luis Obispo Noise Modeling Comments
August 1, 2014
update process should be transparent and allow affected jurisdictions, and members of the
public affected by policies in the ALUP update to participate and offer comments.
To date, requests for documents and plans relate d
records requests related to the update, have gone
subcommittee and ALUC will change its current c
related the ALUP update.
Please contact me with any questions.
to the ALUP, and even official public
unanswered. Staff remains hopeful the
nurse of actions and share information
Sincerely yours,
1 z�—
erek Johnson
City of San Luis Obispo Community Development Director
Cc: Jan Marx, Mayor of the City of San Luis Obispo
Members of the San Luis Obispo City Council
Katie Lichtig, City Manager
Christine Dietrick, City Attorney
Michael Codron, Assistant City Manager
Attachments:
Attachment 1: Technical Memorandum prepared by Johnson Aviation, July 24, 2014
Technical Memorandum
To: City of San Luis Obispo
From: Nick Johnson, Johnson Aviation
Date: July 24, 2014
Subject: Airport Operations Forecast and Associated Aircraft Noise Analysis
Background
The City of San Luis Obispo (City) is negotiating a scope of work (See Attachment A) and budget with the
San Luis Obispo Airport Land Use Commission (ALUC) for a consultant to prepare aircraft noise analysis
associated with the long term forecast for operations at San Luis Obispo Regional Airport (SBP). This
forecast and associated aircraft noise analysis would be included in an amendment of the SBP Airport
Land Use Plan (ALUP).
The County of San Luis Obispo (County) is the owner and operator of SBP. The County prepared and
adopted an Airport Master Plan (AMP) for SBP in 2004. As part of this AMP the County submitted its
proposed airport operations forecast to the Federal Aviation Administration (FAA) for review and
approval as required by the FAA. The County also prepared and adopted the findings of an
Environmental Impact Report (EIR) for the AMP in 2006 that included aircraft noise analysis and
produced noise contours using the AMP operations forecast.
Purpose
The purpose of this memorandum is to provide technical and procedural comments on the attached
draft scope of work for SBP airport operations forecast update and associated aircraft noise analysis.
These comments are intended to inform the City's position and interests in this scope of work and its
potential impact on land use planning within the City in the airport vicinity. A Recommendation is also
provided for the City's consideration.
Discussion
There are two major and related activities that are suggested by the draft scope of work. The first is the
update of the AMP aircraft operations forecast under several "scenarios" identified in the scope and the
second is the modeling of aircraft noise based upon the forecast scenarios selected. This memo
addresses both of these major activities.
The primary scope items listed are focused on the development of noise contours based upon a series of
assumptions that are partially presented in the scope. Most important to these assumptions is the
series of "Scenarios to be Modeled for the Application of Airport Master Plan Activity Forecasts and
Construction of CNEL Airport Noise Contours" that were developed by the ALUC are included in the
scope. Figure 1 provides a chart comparing these "scenarios" to the FAA's Terminal Area Forecast (TAF).
If the County were to start a new Airport Master Plan today the forecast would require FAA approvd.
If the locally prepared forecast differs from the FAA TAF by more than 10 percent in the first five -year
1 See FAA Advisory Circular 150/5070 -66 Change 1: Airport Master Plans, Section 205.a.1) and Chapter 7 Aviation
Forecasts for full guidance and requirements for airport forecasting.
Technical Memorandum
City of San Luis Obispo
July 24, 2014
Page 2 of 4
period and 15 percent in the 10 -year period then they are not consistent and have to be justified to be
used for planning purposes. This review is critically important to meeting the "reasonableness" test for
forecasts by both the FAA and as identified in the Caltrans Airport Land Use Planning Handbook
(Handbook). There is no step in the scope of work that allows for this required review and approval of
the forecasts.
Figure 1: Draft SBP ALUC Operations Projection Scenarios
200000
180000
160000
140000
120000
100000
80000
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0
Draft SBP ALUC Operations Projection Scenarios
O N C M
OOr-1 l 1 OOc-1 l I OOr-1 l 1 M O O O N 0 O l0 0 O N -4 l4 -4 N r4 1D 00 O N V M M O 0 1;T l0 0 O
M M O O O O O 0 0 0 0 0 O O O O O 0 0 0 0 O O O O 0 O 0 0
N a1 N
N N N N N N N N N N N N N N N N N N N N N N N N N N N
2013 FAA TAF Master Plan Forecast Scenario 1 -Scenario 2
Scenario 3 -Scenario 4 - Scenario 5
Note: Scenarios 2 and 3 have identical total operations except that Scenario 3 replaces two daily commercial passenger operations with an Airbus
A319.
It is impossible to forecast 40 years into the future with any level of accuracy. Certainly compound
average annual growth rates above 1 percent beyond 20 years is difficult to foresee. The FAA TAF only
extends to 2040. During the next few years the FAA forecast shows continuing drops in activity at SBP
before very marginal growth returns (0.195 percent compound average annual growth rate). These
Technical Memorandum
City of San Luis Obispo
July 24, 2014
Page 3 of 4
continuing drops in activity have proved to be accurate as evidenced by actual operations statistics from
SBP staff.
The total growth for each "scenario" suggested by the ALUC is unreasonably large. The FAA TAF
shows total operations growth at SBP of 5% by 2040 (27 years). Even if the TAF were extended out to 40
years the total growth from 2013 would only be 8 %. By comparison, Scenario 1 has 62% growth,
Scenario 2 has 159% growth, Scenario 3 has 164% growth, Scenario 4 has 159% growth and Scenario 5
has 113% growth over 2013 total operations of 68,573.
if new forecast scenarios are being developed, particularly with the introduction of speculative fleet
additions like and Airbus A319, then these need to be based in the reality of the existing aircraft fleet.
The actual aircraft fleet has not developed in the way envisioned in the AMP forecast and has remained
largely a single- engine small aircraft fleet, a few business jet operations and a few turbo -prop and
regional jet operations. The AMP fleet forecast projected a very heavy transition to larger passenger
jets; a trend that has never taken shape in the SBP marketplace.
The development of future noise contours is a relatively straightforward exercise but the validity of
those contours is completely dependent upon the accuracy of the forecast. Aircraft noise contours are
based upon the number of daily operations, fleet mix (type of aircraft and the number of operations of
each), flight track assignments, runway assignments and time of day distribution. Therefore it is critical
that the forecast issues be resolved before any work is performed on noise analysis.
Producing a 50 dB CNEL contour is of little public policy value without considering the ambient noise
level in the surrounding community from other sources. The FAA's Integrated Noise Model (INM) is
capable of producing contours down to very low levels but this geometric analysis is only informative up
to the background levels of noise. The San Luis Obispo community has ambient noise levels throughout
the City that are higher (in many cases much higher) than 50 dB CNEL. Producing contours to this level
do not accurately inform the public debate on acceptable levels of aircraft noise because they are
inconsistent with other noise standards in the community.
Technical Memorandum
City of San Luis Obispo
July 24, 2014
Page 4 of 4
Recommendation
The City should be very careful and deliberative with both the County and the ALUC as to the forecast of
operations for the San Luis Obispo Regional Airport. If a new forecast is to be developed for SBP then it
should be done in the context of an update to the Airport Master Plan and the forecast should be
reviewed and approved by the FAA. In lieu of this recommended process, the City and the ALUC should
continue to use the adopted AMP forecast and associated noise analysis from the adopted AMP EIR as
directed by State Law as noted in the Caltrans Airport Land Use Planning HandbookZ.
2 Chapter 3, Building an Airport Land Use Compatibility Plan, of the California Airport Land Use Planning Handbook
states the following:
Page 3 -5: PUC Section 21675 (a) requires that ALUCPs be based on an airport development plan "that reflects the
anticipated growth of the airport during at least the next 20 years." Forecasts having the required 20 -year time
horizon are normally included in airport master plans. The FAA, Caltrans, and some regional planning agencies also
prepare individual airport forecasts, some of which extend to 20 years.
Page 3 -7: An adopted airport master plan is one of the preferred sources for airport activity forecasts and noise
contours.
Page 3 -47: ALUCs are not empowered to determine what the future airfield configuration, airport role, or activi
levels will be. State statutes direct that an ALUCP must be based upon an airport master plan.
Page 3 -47: Ultimately, state law forces ALUCs to accept plans adopted by airport owners, even if the ALUC
considers the plans either unrealistically grandiose or too modest.
City of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Derek Johnson, Community Development Director
Prepared by: Gary Kaiser, Contract Planner
SUBJECT: INITIAL STEPS TO CONSIDER OVERRULE OF THE SAN LUIS OBISPO
COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT
THE DRAFT LAND USE AND CIRCULATION ELEMENT UPDATE AND
IMPLEMENTING ZONING REGULATIONS ARE INCONSISTENT WITH
THE COUNTY AIRPORT LAND USE PLAN.
RECOMMENDATION
1. Review the County Airport Land Use Commission’s (ALUC) determination
(Attachment 1) that the Land Use and Circulation Element (LUCE) Update and
implementing zoning regulations are inconsistent with the County Airport Land Use
Plan; and
2. Consider a draft resolution (Attachment 5) of intent to overrule the inconsistency
determination, and direct staff to forward draft overrule findings to the ALUC and to the
State (Caltrans) Division of Aeronautics for review and comment pursuant to Public
Utilities Code Section 21676(b)1.
REPORT-IN-BRIEF
The City has been in the process of updating the Land Use and Circulation Elements of its
General Plan for over two years. During this time, the City has been aware that the 2005 ALUP
was not adopted consistent with State law requirements and is not based on verifiable technical
data or accurate airport operations data. As a result of significant technical analysis, City staff
concluded that the ALUP is flawed and contains policies and programs that unnecessarily restrict
development within the City in a manner that is not reasonably related to noise, safety or airport
operations concerns.
Since 2012, the City has met extensively with the ALUC and encouraged the ALUC to update
the ALUP based on objective data and verifiable airport operations assumptions. Staff and City
consultants have 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. Regrettably, the ALUP update has not proceeded.
As part of the LUCE Update process, the City retained a qualified airport land use compatibility
consultant to prepare an Airport Land Use Compatibility Report. The purpose of the
Compatibility Report is to ensure that the policies and programs contained in the LUCE Update
1 PUC Section 21676(b) requires the local agency to provide a copy of the proposed decision and findings to the
Airport Land Use Commission and the Division of Aeronautics of the Department of Transportation.
8-19-14
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LUCE – Airport Land Use Commission determination Page 2
will not negatively impact public health, safety and welfare and that the policies and programs
will not be incompatible with existing and planned airport operations. The Compatibility Report
finds that the 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 of the Public
Utilities Code2 and the Caltrans Division of Aeronautics’ California Airport Land Use Planning
Handbook, which specifically and effectively address these issues.
On July 16, 2014, the Draft LUCE Update referral package was determined by the Airport Land
Use Commission (ALUC) to be inconsistent with the Airport Land Use Plan (ALUP) with regard
to the types and densities of development that would be supported by the proposed LUCE land
use designations within the current ALUP boundaries (Attachments 1 & 2). The City provided a
detailed response to each of the ALUC’s findings, which outlines the draft LUCE Update
project’s consistency with the State Aeronautics Act (Attachment 3). Pursuant to Public Utilities
Code Section 21676(a), the City may, after a public hearing on the matter, propose to overrule
the ALUC’s determination by a two-thirds vote of the City Council. In order to overrule, the
City Council must make specific findings that the proposed action is consistent with the purposes
set forth in Section 21670 of the California Public Utilities Code to protect the public health,
safety, and welfare, and minimize the public’s exposure to excessive noise and safety hazards
within areas around public airports. At least 45 days prior to such an overrule, the City must
provide the ALUC and Caltrans Division of Aeronautics with notice of the Council’s intent to
overrule and draft findings, pursuant to Section 21676(b)3 of the Public Utilities Code.
In order to advance and promote the policies and programs 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. Any comments
received during the required review period will be duly considered and presented to Council for
consideration, along with staff’s analysis and recommendations. Should the Council decide to
proceed with the overrule process, findings will be finalized and included in the final record of
decision.
DISCUSSION
Background
California state law requires each city and county to adopt a general plan “for the physical
development of the county or city, and any land outside its boundaries which bears relation to its
planning” (Government Code § 65300). Referred to by the California Supreme Court as the
“constitution for future development,” the general plan expresses the community’s development
goals and embodies public policy relative to the distribution of future land uses, both public and
private. A general plan is required to address the specified provisions of each of the seven
2 The purpose of the Act is to protect the public health, safety, and welfare by ensuring orderly expansion of airports
and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards
within areas around pubic airports. 3 The Airport Land Use Commission and Division of Aeronautics may provide comments within 30 days of
receiving the proposed decision and findings. The local agency may act without consideration of the comments if
they are not provided within 30 days.
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LUCE – Airport Land Use Commission determination Page 3
mandated Elements: land use, circulation, housing, conservation, open space, noise, and safety.
The City of San Luis Obispo is currently in the process of updating its Land Use and Circulation
Elements (LUCE), with a 20-year planning horizon to approximately the year 2035. Several
factors will determine the actual final implementation or “buildout” date for the LUCE Update,
including but not limited to economic conditions.
The City’s LUCE Update was formally initiated in January 2012 with funding through a grant
from the Strategic Growth Council augmented by General Funds for the environmental review
portion of the process. The Land Use and Circulation Elements of the General Plan provide a
framework for development in the City and will guide the land-use decision making process over
the next 20 years. The LUCE update project refines existing policies of the Land Use and
Circulation Elements and provides proposed areas of “physical changes” to guide land use
changes while balancing population growth with infrastructure availability. The “physical
changes” include identifying locations and establishing policy guidance for the formation of
specific plans and special planning areas which will outline future growth areas of the City. The
LUCE update also provides for a multi-modal transportation system which considers the needs
of different modes of transportation including pedestrians, bicycles, transit, and vehicles.
Coordination with the Airport Land Use Commission
The City of San Luis Obispo has a long history of working closely with the Airport Land Use
Commission on airport compatibility issues. The last major planning efforts occurred in 2004
and 2005 with updates to the Airport Land Use Plan. In support of the 2004 update, the City
Council appointed a subcommittee to work with the Airport Land Use Commission on land use
issues in the Margarita Area. This resulted in a chapter of the Airport Land Use Plan dedicated
specifically to development in this area. Subsequently, the City adopted its Airport Area Specific
Plan and the Orcutt Area Specific Plan, which were both deemed consistent with the ALUP by
the Airport Land Use Commission.
In this spirit of cooperation, the City of San Luis Obispo engaged with the Airport Land Use
Commission early on during the City’s LUCE update process. Initially, the City was eager to
develop a better understanding of the basis for the current ALUP safety zones, noise contours,
and policy requirements. To assist the City in this effort, technical expertise was sought and City
staff began to work with Johnson Aviation principal, Nick Johnson, who has worked on similar
issues throughout California.
Airport Land Use Compatibility Planning
During the preparation of the LUCE, it was important that the effort be fully informed by
accurate technical information regarding noise and safety related to existing and future
operations of the airport. With consideration of land use scenarios that would support residential
development in the southern portion of the City, including sites such as south Broad Street, Avila
Ranch, San Luis Ranch, and Madonna (off Los Osos Valley Road), it was necessary for the City
to have technical information (Johnson Aviation) to evaluate potential impacts associated with
airport operations and to offer this information to the ALUC in an effort to try to resolve
differences of opinion regarding technical compatibility issues. Early on during this process,
problems were discovered due to a few key factors, including:
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LUCE – Airport Land Use Commission determination Page 4
1. The maps of the safety zones included in the Airport Land Use Plan are inaccurate and
the zone boundaries could not be re-created based on the information provided to the City
by the Airport Land Use Commission.
2. The safety zones included in the Airport Land Use Plan differ greatly from the guidelines
provided by Cal Trans in the Airport Land Use Planning Handbook, and the justifications
provided by the ALUC for these deviations are not supported by factors that are unique to
SLO Regional Airport and which have not been considered in the CalTrans guidelines so
as to warrant such significant deviations.
3. Neither the Airport Land Use Commission, nor its staff at the County of San Luis
Obispo, could produce the noise study that is purported to have been the basis for the
contours and noise policies included in the Airport Land Use Plan.
4. The Airport Land Use Plan’s noise contour threshold of 55 dB CNEL is a standard for
rural areas that should not apply within the City limits of San Luis Obispo, which is
designated by the US Census as an urban area.
The City of San Luis Obispo communicated these issues to the Airport Land Use Commission in
an effort to work with the Commission to correct the mapping errors and address the other
issues, including the City’s land use planning objectives, in a cooperative manner
(Attachment 4). The City made its technical experts available to the ALUC to help it as the
ALUC realized the significance of the issues at hand, and began an effort of its own to update the
Airport Land Use Plan. However, progress was not made on these important matters. The
Airport Land Use Commission appointed a subcommittee that began to meet in private,
excluding City staff and our issue area experts. As the Airport Land Use Commission continued
to work on its update, it would not engage with the City on the land use issues being worked on
by the City Planning Commission and LUCE Task Force to help the City understand where
refinements might be desirable from the ALUC’s perspective.
Referral of the LUCE to the Airport Land Use Commission
On Friday, June 13, 2014 a Draft EIR (DEIR) was released for public review. The DEIR
included an evaluation of the potentially significant impacts that could result from
implementation of the proposed LUCE Update changes. One of the potential impacts identified
by the DEIR was inconsistency with the County Airport Land Use Plan. The DEIR identified
this as an impact that would be addressed by existing and proposed LUCE policies and therefore
did not require mitigation. The public review period for the DEIR closed on Monday, July 28,
2014 and a Final EIR is currently being prepared.
As required by Public Utilities Code Section 21676(b)4, the City referred the proposed LUCE
Update to the Airport Land Use Commission (ALUC). On July 16, 2014, the ALUC determined
that the proposed LUCE Update was inconsistent with the Airport Land Use Plan (ALUP). A
follow-up letter from the ALUC is attached hereto (Attachment 1). Tonight’s hearing is an
opportunity to review and discuss the Airport Land Use Commission’s findings of inconsistency
4 Referall to the ALUC for a determination of consistency is required for amendments to the general plan.
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LUCE – Airport Land Use Commission determination Page 5
with the County Airport Land Use Plan and to indicate whether the Council intends to consider
an overrule of the ALUC as part of the LUCE update. Staff is requesting that the Council
provide direction to pursue one of two paths: (1) revise the draft element with a goal to propose
uses and densities/intensities supported by the existing County Airport Land Use Plan, prepare a
revised EIR, and refer the revised update to the ALUC for a consistency determination; or (2)
submit draft findings to the ALUC and State Division of Aeronautics indicating that the Council
intends to exercise its statutory authority to overrule the ALUC’s determination.
The Public Utilities Code contains provisions which allow local agencies to overrule the
ALUC’s determination of inconsistency. An overrule would allow the Council to adopt the
LUCE update even though portions of the project have been found inconsistent with the Airport
Land Use Plan. However, the Public Utilities Code requires that draft findings (Attachment 5,
Exhibit A) be submitted to the ALUC and Caltrans Division of Aeronautics at least 45 days prior
to taking the overrule action5, so that the Council can have the benefit of their comments as it
considers a final overrule decision.
Airport Compatibility is Carefully Addressed in the LUCE Update
Public Utilities Code §21676.5(b)6 recognizes that land use authority is retained by the local
jurisdiction and provides a process by which a local jurisdiction can adopt land use regulations
within an airport area that are inconsistent with an adopted ALUP by overruling the ALUC’s
determination. If done at the General Plan level, subsequent review by the ALUC of individual
development projects that are consistent with the General Plan and development standards that
were the subject of the overrule is not required. However, subsequent General Plan
Amendments, Specific Plans, and zone changes and individual development proposals requiring
variances from adopted standards not addressed through an overrule action would still be
referred to the ALUC for a determination of consistency with the Airport Land Use Plan in effect
at the time.
The referral submitted to the ALUC provided the draft LUCE update, the supporting Draft EIR,
and a draft of an implementing zoning code which would establish an Airport Overlay Zone
(AOZ). The intent of drafting an Airport Overlay Zone would be to establish City development
criteria that ensure approvals are in compliance with the safety, noise, and land use compatibility
criteria in the State Aeronautics Act, the California Airport Land Use Planning Handbook, and
Federal Aviation regulations. While this approach is not typical, it provides the City with the
ability to establish overlay zones which have regulations that have a rational nexus to
operational, noise, and safety data associated with the airport. The Airport Overlay Zone (AOZ)
would also provide a method for aligning the appropriate safety, noise and land use
considerations with the City’s zoning maps and designations, thereby providing more accurate
information and certainty for the community and most importantly, providing a policy
framework for ongoing consistency with the State Aeronautics Act.
The draft Airport Overlay Zone has not been reviewed nor endorsed by the Planning
Commission or the City Council. If the Council determines that an overrule may be desirable,
5 Public Utilities Code 2176(b)
6 The action included in the local agency overrule would not be subject to further commission review.
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LUCE – Airport Land Use Commission determination Page 6
staff will schedule review of the draft Zoning Code through public hearings with the Planning
Commission so that the Commission and the community have an opportunity to discuss and
provide input and a recommendation prior to Council taking action on the LUCE update.
Draft EIR Findings
The Draft LUCE Update, which includes the proposed policies and programs in the airport area,
is currently undergoing environmental review pursuant to the California Environmental Quality
Act (CEQA). A Draft EIR was prepared and made available for public review from June 13,
2014 to July 28, 2014. A Final EIR is currently being prepared and will be available prior to
adoption of the LUCE Update and prior to any final decision to overrule the ALUC.
The Draft EIR includes, as a technical appendix, the November 22, 2013 Airport Land Use
Compatibility Report by Johnson Aviation. Although potential inconsistency with the Airport
Land Use Plan is identified in the Draft EIR as a significant and unavoidable (Class 1) impact,
the Draft EIR does not identify significant and unavoidable airport-related noise or safety
impacts.
The Draft EIR evaluated and discussed airport compatibility in two ways: Compliance with the
actual County Airport Land Use Plan, and exposure to noise or safety hazards for the uses
supported by the policy and physical changes being considered. The DEIR determined that the
LUCE update had the potential to be inconsistent with the current ALUP (Class 1 Impact). It
further determined that the LUCE update (including proposed policy, physical changes, and
Airport Overlay Zone implementation) would minimize the public’s exposure to excessive noise
and safety hazards consistent with the State Aeronautics Act (Class 3 Impact).
The ALUP is developed and maintained by the Airport Land Use Commission (ALUC), an
independent body created by provisions in the Public Utilities Code Section 21670. The City
hired an aviation expert consultant to advise the City in the technical data needed to map and
understand the basis for safety and noise regulations associated with the San Luis Obispo County
Regional Airport. The City’s objective has been to work with the ALUC to ensure that airport
safety zones are reasonably and prudently mapped based on data and facts. This effort is
intended to support the continued operation and success of the airport consistent with State and
Federal rules and regulations as well as generally accepted noise and safety principles that aligns
with the City’s vision for future land use in the Airport Area.
The consultant, Johnson Aviation, provided an evaluation of the state and federal guidance and
laws that set the framework for developing Airport Land Use Plans, specifically as they apply to
the San Luis Obispo County Regional Airport. This evaluation is documented in the Airport
Land Use Compatibility Report included in Volume IV, Appendix F to the EIR appendix, and
concludes that the Caltrans Division of Aeronautics Airport Land Use Planning Handbook
(Handbook) safety zones and associated land use limits provide more than adequate safety
provisions for the community and related airport operations and that there is no factually
supported or data driven basis for significant deviation from the standards included in the
guidelines.
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LUCE – Airport Land Use Commission determination Page 7
Land use restrictions based on noise associated with aircraft operations are also identified in the
ALUP. The current ALUP includes noise contours based on a hypothetical maximum use of
airport runways. This approach is inconsistent with the adopted Airport Master Plan forecast and
state requirements, and over-estimates noise associated with aircraft operations. The ALUC is
seeking consultant assistance to provide extended forecasts based on projected growth
anticipated in the Airport Master Plan. While the growth anticipated in the Master Plan has not
come to fruition, the ALUC has indicated a desire to assume current conditions that do not
reflect real current operations numbers extend and “grow” the forecasted operations out to a forty
year horizon. Noise contours developed with the forecast will be used by the ALUC to limit
where residential uses are allowed under the ALUP. The ALUC has indicated the continued
application of the 55 decibel Community Noise Equivalent Level (dB CNEL) noise contour as
the basis for limiting residential development in the City of San Luis Obispo, which is more
stringent than the City’s noise policies. This issue is substantial in that it prohibits new
residential uses unless they are located within a mapped 55 dB CNEL or lower noise contour
(Attachment 6). This is inconsistent with the Handbook and not required in order to preclude a
significant impact.
Overrule Process
The ALUC determined the proposed update is inconsistent with the Airport Land Use Plan;
therefore, the Council has two options: (1) revise the draft element with a goal to propose uses
and densities/intensities supported by the existing County Airport Land Use Plan and prepare a
revised EIR and refer the revised update to the ALUC for a consistency determination; or (2)
submit draft findings to the ALUC and State Division of Aeronautics indicating that the Council
intends to overrule the ALUC. Once overruled, the ALUC no longer assumes liability related to
those matters on which the Council exercises its overruling authority.
If the Council overrules the ALUC, specific findings must be included in that action. These
findings must be transmitted to both the ALUC and the State Division of Aeronautics at least 45
days prior to the Council making a final decision on the LUCE. The agencies have 30 days in
which to review the findings and provide responses that the Council must consider prior to
taking final action on the LUCE update and implementation measures.
CONCURRENCES
The LUCE and DEIR were reviewed by all City departments and were distributed to various
California agencies for comment. The public comment period on the DEIR closed on July 28,
2014 and comments are currently being addressed by the consultant for the Final EIR.
FISCAL IMPACT
The LUCE Update was made possible by a Sustainable Communities grant in the amount of
$880,000 provided by the State of California Strategic Growth Council. Funding for the grant is
from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Act of 2006 (Proposition 84). General Funds in the amount of $467,500 were added
to the grant to fund the environmental review and additional support to address Public Works
and Fire Department staffing impacts.
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LUCE – Airport Land Use Commission determination Page 8
In order to satisfy the grant requirements, copies of the draft Land Use and Circulation Elements
and the associated DEIR must be submitted to the State Department of Conservation along with
a final status report and invoice for funds. The City Council is required to adopt and certify as
accurate the final report prior to submission to the State. The final report for grant close-out is
scheduled for consideration by Council on September 16, 2014. However, there is no
requirement that the Council certify the final report by a date certain and a Council decision to
direct further study or revision would not jeopardize the City grant. With the circulation of the
draft EIR, the City has met the only firm timing requirement associated with the grant funds.
ALTERNATIVES
1. Direct staff to work with the Planning Commission to comprehensively change the land
uses envisioned by the LUCE update to be consistent with the ALUP.
2. Continue consideration of the proposed public hearing schedule and direct staff to
provide additional information to the City Council at a future meeting.
ATTACHMENTS
1. Notice of ALUC Action (determination of inconsistency), July 16, 2014
2. Airport Land Use Commission Staff Report, July 16, 2014
3. City response to ALUC findings of inconsistency, July 16, 2014
4. Mayor’s Letter to ALUC dated March 20, 2013
5. Draft Resolution of Intent to Override, including Draft Findings (Exhibit A)
6. Noise Contour Map from Draft LUCE EIR
The Draft LUCE and Draft EIR are available for review and CDs area available at the
Community Development Department, 919 Palm Street. These documents can also be
downloaded here: http://www.slo2035.com
AVAILABLE FOR REVIEW IN THE COUNCIL OFFICE
Airport Land Use Compatibility Report
Full Copy of Draft EIR and appendices (5 Volumes)
T:\Council Agenda Reports\2014\2014-08-19\LUCE DEIR (Johnson-Murry)\CAR LUCE Update (ALUC determination)
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Attachment 1
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STAFF REPORT
SAN LUIS OBISPO COUNTY AIRPORT LAND USE COMMISSION
DATE: JULY 16, 2014
TO: AIRPORT LAND USE COMMISSION (ALUC)
FROM: BILL ROBESON, COUNTY PLANNING AND BUILDING
XZANDREA FOWLER, COUNTY PLANNING AND BUILDING
REFERRING AGENCY: CITY OF SAN LUIS OBISPO
APPLICANT: CITY OF SAN LUIS OBISPO -
COMMUNITY DEVELOPMENT DEPARTMENT
CITY FILE NUMBER: N/A
PLANNER: DEREK JOHNSON, COMMUNITY DEVELOPMENT
DIRECTOR
SUBJECT: A REFERRAL BY THE CITY OF SAN LUIS OBISPO (CITY) FOR A DETERMINATION
OF CONSISTENCY OR INCONSISTENCY REGARDING THE PROPOSED LAND USE
AND CIRCULATION ELEMENT (LUCE) UPDATE OF THE CITY’S GENERAL PLAN,
RESULTING IN CHANGES TO POLICIES AND PROGRAMS WITHIN CHAPTER 7
(AIRPORT AREA); LAND USE DESIGNATIONS FOR CERTAIN PROPERTIES THAT
ARE WITHIN THE AIRPORT PLANNING AREA (AS DEFINED BY THE ADOPTED
AIRPORT LAND USE PLAN FOR THE SAN LUIS OBISPO COUNTY REGIONAL
AIRPORT); THE CREATION OF AN AIRPORT OVERLAY ZONE; AND A REFERRAL
FOR A DETERMINATION OF CONSISTENCY OR INCONSISTENCY REGARDING THE
CITY‘S DRAFT ZONING ORDINANCE AMENDMENT IMPLEMENTING THE
PROPOSED LUCE UPDATE.
LOCATION: THE LAND AREA AFFECTED BY THE LUCE UPDATE IS LOCATED WITHIN THE
ADOPTED AIRPORT LAND USE PLAN AREA, AS SHOWN IN FIGURE 3 (PAGE 18
OF THE LUCE REFERRAL). THE PROPOSED PROJECT IS LOCATED IN THE SAN
LUIS OBISPO COUNTY REGIONAL AIRPORT LAND USE PLAN - AIRPORT SAFETY
AREAS S-1a, S-1b, S-1c, S-2 AND THE RUNWAY PROTECTION ZONE.
RECOMMENDATIONS:
Recommend a determination of inconsistency to the City of San Luis Obispo for proposed Land Use and
Circulation Element (LUCE) Update of the City’s General Plan Resulting in changes to policies and
programs within Chapter 7 (Airport Area); Land Use Designations for certain properties that are within the
Airport Planning Area (as defined by the adopted Airport Land Use Plan for the San Luis Obispo County
Regional Airport); and the creation of an Airport Overlay Zone.
Finding(s):
1. The Airport Land Use Commission finds that the City’s proposal to implement
Land Use Element Update policies and programs through adoption of an Airport
Overlay Zone in its zoning ordinance to address allowable uses and development
standards for areas located within the Airport Planning Area is inconsistent with
the land use policies outlined in the Airport Land Use Plan (ALUP) for the San
Luis Obispo County Regional Airport.
2. The Airport Land Use Commission finds that the City’s proposed Airport Overlay
Zone Airport Safety Zones are inconsistent with the existing ALUP Aviation Safety
Areas, because the Airport Overlay Zone Airport Safety Zones proposed by the
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
City’s draft LUCE would allow greater density of development in the airport
planning area than permitted by the established ALUP Aviation Safety Areas.
3. The Airport Land Use Commission finds the City’s proposed Airport Overlay Zone
to be inconsistent with the purpose of the State Aeronautics Act to “minimize the
public’s exposure to excessive noise and safety hazards”, as established by
Public Utilities Code Section 21670 (a)(2).
4. The Airport Land Use Commission finds that the City’s proposal to allow new
residential land uses within the projected 60dB CNEL noise contour, as stated in
the new policy in Chapter 7, is inconsistent with existing ALUP noise sensitive
land use policies. The 60dB CNEL criterion proposed to be the maximum
acceptable level of airport noise for residential and other noise-sensitive land uses
is louder than the 55dB CNEL standard established by the adopted ALUP. The
Airport Land Use Commission also finds this provision to be inconsistent with the
purpose of the State Aeronautics Act to “minimize the public’s exposure to
excessive noise and safety hazards”, as established by Public Utilities Code
Section 21670 (a)(2).
5. The Airport Land Use Commission finds that the City’s proposal to increase
development within the established ALUP aviation safety areas, specifically those
areas identified open space protection areas, as outlined in the City’s Airport
Compatibility Open Space Plan (ACOS), is inconsistent with the existing ALUP
and the City’s ACOS. The Airport Land Use Commission finds that the
implementation of this proposal could facilitate development on existing open
space that is subject to aviation noise impacts and/or safety hazards; and this
provision is inconsistent with the purpose of the State Aeronautics Act to
“minimize the public’s exposure to excessive noise and safety hazards”, as
established by Public Utilities Code Section 21670 (a) (2).
6. The Airport Land Use Commission finds that the City’s proposal to change the
language within the existing Land Use and Circulation Element (LUCE), Section
7.2, that states “Development should be permitted only if it is consistent with the
San Luis Obispo County Regional Airport Land Use Plan (ALUP)” to language as
shown in the proposed new LUCE sections 7.14 and 7.15, that no longer require
development to be consistent with the ALUP is inconsistent with existing ALUP
policies. The City’s proposal to exempt development from consistency with the
Airport Land Use Plan is also contrary to the purpose of the State Aeronautics Act
“to provide for the orderly development of each public use airport in this state and
the area surrounding these airports”, as established by Public Utilities Code
Section 21670 (a)(1).
7. The Airport Land Use Commission finds that the City’s proposal to modify the
requirement to record an avigation easement or a real estate disclosure document
is inconsistent with the existing ALUP policies regarding avigation easements and
real estate disclosures.
8. The Airport Land Use Commission finds that the proposed development
envisioned in the LUCE Update conflicts with the existing ALUP adopted by the
Airport Land Use Commission, the agency with jurisdiction over the impacted
project area. The Airport Land Use Commission finds that the draft proposed
LUCE would expose greater numbers of people to airport-related noise and safety
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
hazards, and that this provision is also inconsistent with the purpose of the State
Aeronautics Act to “minimize the public’s exposure to excessive noise and safety
hazards”, as established by Public Utilities Code Section 21670 (a)(2).
9. The Airport Land Use Commission finds that the City’s interpretation that adoption
of the draft proposed LUCE, followed by an override of a determination of
inconsistency made by the Airport Land Use Commission, will exempt all future
adoptions, approvals, and amendments of general plans, specific plans, zoning
ordinances, building regulations, and individual projects in the area within which
the LUCE Update is applicable from further review by the Airport Land Use
Commission, is incorrect. The Airport Land Use Commission finds that this
anticipated course of action is inconsistent with the referral requirements
established by Section 2.5.1.4 (page 4) and Section 7.1 (page 51) of the existing
ALUP, and is contrary to the legislative intent of the State Aeronautics Act and
inconsistent with the purposes of that legislation, as stated in Public Utilities Code
Section 21670.
10. The Airport Land Use Commission finds that Chapter 17.57 of the draft proposed
LUCE, together with the supporting Draft Airport Land Use Compatibility Report
(as prepared by Johnson Aviation and dated November 22, 2013) could be used
to avoid compliance with the established Airport Land Use Compatibility policies
as outlined in the ALUP. The Airport Land Use Commission finds that neither the
Constitution of the State of California nor any statute enacted by the State
Legislature confers upon local cities the authority to enact such Airport Land Use
Compatibility policies. On the contrary, Sections 21674 (c) and 21675 (a) of the
California Public Utilities Code specifically invest the power to formulate, adopt,
and amend Airport Land Use Compatibility Plans in duly constituted Airport Land
Use Commissions. Additionally, the City Council of the City of San Luis Obispo
has not been designated as “the agency that shall be responsible of [sic] the
preparation, adoption, and amendment of each airport land use compatibility plan”
by the board of supervisors of San Luis Obispo County and each affected city, as
would be required by Sections 21670.1. (a) and 21670.1. (c)(2)(E) of the
California Public Utilities Code. The Airport Land Use Commission, therefore,
further finds that the adoption, by the City of San Luis Obispo, of Chapter 17.57 of
the draft proposed LUCE and of the Draft Airport Land Use Compatibility Report
would be contrary to the legislative intent of the State Aeronautics Act and
inconsistent with the purposes of that legislation, as stated in Public Utilities Code
Section 21670.
11. The Airport Land Use Commission finds that the adoption, by the City of San Luis
Obispo, of Chapter 17.57 of the draft proposed LUCE and of the Draft Airport
Land Use Compatibility Report would represent an intrusion into the office and
franchise of the Airport Land Use Commission of San Luis Obispo County, in
violation of Section 803 of the California Code of Civil Procedure.
Recommend a determination of inconsistency to the City of San Luis Obispo regarding the City’s Draft
Zoning Ordinance Amendment implementing the proposed LUCE Update.
Finding(s):
12. The Airport Land Use Commission finds that adoption of the City’s Zoning
Ordinance Amendment proposed for Chapter 17.22 (Use Regulation) and the
draft new section Chapter 17.57 (Airport Overlay Zone) is inconsistent with the
existing ALUP, because the proposal could present incompatibilities to the
continued economic vitality and efficient operation of the Airport with respect to
safety, noise, overflight or obstacle clearance by allowing incompatible and/or
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
sensitive receptor uses to be located in closer proximity and at higher densities
than are currently allowable under the ALUP.
13. The Airport Land Use Commission finds that the adoption of the City’s proposed
draft Zoning Ordinance Amendment that implements the LUCE Update proposing
creation of an Airport Overlay Zone (AOZ) to be inconsistent with the ALUP,
because it does not provide a mechanism for referral review of proposed
development and/or land uses for determination of consistency/inconsistency with
the existing ALUP by the ALUC, the agency with jurisdiction over impacted project
area.
14. The Airport Land Use Commission finds that the adoption and implementation of
the City’s proposed Airport Overlay Zone Airport Safety Zones to be inconsistent
with the existing ALUP Aviation Safety Areas.
15. The Airport Land Use Commission finds that the adoption and implementation of
the City’s proposal to allow new residential land uses within the projected 60dB
CNEL noise contour, as stated in the new language in the Draft Zoning Code
Amendment Section 17.57.080, is inconsistent with existing ALUP noise sensitive
land use policies, because it increases the potential development of noise-
sensitive land uses in areas near the airport that are exposed to significant levels
of aircraft noise.
16. The Airport Land Use Commission finds that the adoption and implementation of
the City’s proposed language in the Draft Zoning Code Amendment Section
17.57.050 to increase development within the ALUP safety zones, specifically
those areas identified open space protection areas, as outlined in the City’s
Airport Compatibility Open Space Plan (ACOS), is inconsistent with the existing
ALUP and the City’s ACOS.
17. The Airport Land Use Commission finds that the adoption and implementation of
the City’s proposed language in the Draft Zoning Code Amendment Section
17.57.040 regarding permissible land uses, maximum land use density
(persons/acre), maximum residential density (dwelling units/acre), and minimum
usable open space specified are inconsistent with applicable ALUP policies,
because they allow uses, densities and minimum usable open space standards
that exceed or are prohibited under the existing ALUP.
Recommend review and provide written comments on the Draft Environmental Impact Report prepared for
the LUCE Update and Draft Zoning Ordinance Amendment project during the public review period (ends on
July 28, 2014).
The Draft Environmental Impact Report (DEIR) prepared for the LUCE Update and Draft Zoning Ordinance
Amendment identifies a Class I, significant and unavoidable impact because the adoption of the LUCE
Update policies and Zoning Ordinance Amendment would have the potential to conflict with the Airport Land
Use Plan adopted by the Airport Land Use Commission, the agency with jurisdiction over the proposed
project area, for the reasons stated above in the Findings for a determination of inconsistency. The DEIR
also acknowledges that the proposed LUCE Update and Draft Zoning Ordinance Amendment have the
potential to be found inconsistent with the existing Airport Land Use Plan by the Airport Land Use
Commission. The potential conflicts are primarily associated with the conflicts in policies that exist to avoid
or minimize potential safety and noise impacts associated with existing or future airport operations as
described in the adopted Airport Master Plan and incorporated into the Airport Land Use Plan by reference.
The Noise section of the DEIR should evaluate the potential impacts associated with single noise events,
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
since the LUCE Update and Draft Zoning Ordinance Amendment could result in an increase of noise-
sensitive receptors within areas that are exposed to significant levels of aircraft noise.
PROJECT DESCRIPTION
Proposal: The LUCE Update Project provides proposed changes to the City’s existing Land Use Element
and Circulation Elements of the City of San Luis Obispo General Plan. The intent is to establish and
implement a refined set of goals, policies, and programs for regulating development in the city, guiding the
land use decision-making process, balance population growth with infrastructure availability, and to provide
a true multi-modal transportation system that will guide the community over the next 20 years.
The LUCE Update project primarily addresses infill opportunities, changes in legislation, and the need to
update existing policy direction to reflect current values and requirements, the LUCE Update focuses on
updated policy language and several areas of the City where “physical” land use changes are proposed.
The proposed physical land use changes would apply only to specified areas that over the next 20 years
may have the potential to accommodate changes in the land use type or intensity or are in need of
circulation and infrastructure improvements. The LUCE Update proposes changes to existing policy and
program language, and new policies and programs that specifically address inconsistencies between the
proposed project and the Airport Land Use Plan for the San Luis Obispo County Regional Airport.
The physical changes proposed in the Land Use Element Update for the most part are limited to changes in
land use type or intensity in specific areas. These changes include proposed mixed use redevelopment of
some sites, the infill of underutilized locations, and four sites that will require modified or new specific plans
to address development parameters such as the location and type of land uses, infrastructure needs, and
designs to address environmental constraints. These four sites include: Potential modification of the
Margarita Area Specific Plan to allow increased residential densities; and new specific plans for the San
Luis Ranch (formerly known as the Dalidio site), the Madonna property at Los Osos Valley Road, and the
Avila Ranch. The location of known development proposals are shown in Figure 1.
The policy and program updates proposed in the Airport Chapter of the Land Use Element reflect airport
safety, noise, height and overflight considerations. Policies, programs, and Zoning Code implementation
have been drafted to create an Airport Overlay Zone to codify airport compatibility criteria for areas subject
to airport influence consistent with the requirements of California Public Utilities Code Section 21670,
et.seq, the California Airport Land Use Planning Handbook, and other related federal and state
requirements relating to airport land use compatibility planning. These include allowable uses and
development standards such as density and intensity limitations, identification of prohibited uses, infill
development, height limitations, and other hazards to flight, noise insulation, buyer awareness measures,
airspace protection, nonconforming uses and reconstruction, and the process for airport compatibility
criteria reviews by the City.
The Circulation Element Update describes how the City Plans to provide for the transportation of people
and materials within San Luis Obispo with connections to other areas in San Luis Obispo County and
beyond. The proposed Circulation Element provides policy language to address a variety of circulation-
related issues, including: traffic reduction; transit; encouraging the use of bicycles and walking; traffic
management; future street network changes; truck, air and rail transportation; parking management in
commercial areas and residential neighborhoods; and scenic roadways.
Setting: Rural and Suburban areas of San Luis Obispo City/County
Existing Uses: Agriculture, Airport Property, Business Park, Commercial, Industrial/Manufacturing, Office,
open Space, Public Facilities, Recreation, Residential, Rural Lands, Rural Residential, and Suburban
Residential
Site Area: The area affected by the LUCE Update applies to all areas within the City and to some areas
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
outside the City limits but within the City’s Sphere of Influence (such as the San Luis Ranch area and the
Airport Area Specific Plan properties that have yet to be annexed). A Map of the City’s planning area
affected by the LUCE Update is shown in Figure 2A. In addition to the proposed changes to the General
Plan designations for certain properties, the update includes proposed policy and program changes to
Chapter 7 (Airport Area) in the Land Use Element. A map of the proposed Airport Overlay Zone is shown in
Figure 2. The land area affected by the LUCE Update located within the adopted Airport Land Use Plan
area is shown in Figure 3.
DISCUSSION
Airport Safety Zones: The application of the proposed airport safety zones for the San Luis Obispo
County Regional Airport are reflected in the proposed Airport Overlay Zone are shown in Figure 4.
The existing Airport Land Use Plan aviation safety areas compared to the proposed Airport Overlay
Zone, and Specific and Area Plan areas are shown in Figure 4A.
SAFETY ZONE COMPARISON - DENSITY LIMITATIONS TABLE
CITY’S PROPOSAL:
Handbook/ Airport
Safety Zones
AIRPORT LAND USE
PLAN:
Aviation Safety Areas
AO-1
Runway Protection
Zone
Res= 0
Non-Res=0
Ag, roads, & parking
may are allowable
RPZ
Runway Protection
Zone
Res=0
Non-Res=0
Ag, roads, &
parking may are
allowable
AO-2
Inner
Approach/Departure
Zone
Res=0
Non-Res= 60-80
persons/acre
S-1a
Areas with operations at
500 feet above ground
within 250 feet of
extended centerlines
Res=0.2 dwelling
units/acre
Non-Res= 50-75
persons/acre
AO-3
Inner Turning Zone
Res= Infill to average
of surrounding
density
Non-Res= 100-150
persons/acre
S-1b
Maneuvering zone-glide
slopes
Res=0.2 dwelling
units/acre
Non-Res= 50-75
persons/acre
AO-4
Outer Approach/
Departure Zone
Res=Infill to average
of surrounding
density
Non-Res=150-200
persons/acre
S-1c
Within ½ nautical mile of
operations at less than
500 feet above ground
level
Res=0.2 dwelling
units/acre
Non-Res= 60-120
persons/acre
AO-5
Sideline Zone
Res=Infill to average
of surrounding
Non-Res= 100-150
persons/acre
S-1b
Maneuvering zone-glide
slopes
Res=0.2 dwelling
units/acre
Non-Res= 50-75
persons/acre
AO-6
Traffic Pattern Zone
No limitations S-2
Areas where operations
are between 500-1,000
feet above ground level
Res=12-18 dwelling
units/acre
Non-Res=150-180
persons/acre
Noise: The relationship of the airport area affected by the LUCE Update to the projected noise contours
for the 2023 Proposed Action in the adopted 2005 San Luis Obispo County Regional Airport (SBP)
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
Master Plan Update using the latest INM model and the forecast provided in the adopted 2005 SBP
Master Plan Update and 2006 Environmental Assessment/ Environmental Impact Report shown in
Figure 5. Chapter 7 of the Draft Land Use Element proposes to use the 60 dB CNEL aircraft noise
contour as the threshold for new urban residential areas.
REFERRING AGENCY OPTIONS:
If the Airport Land Use Commission (ALUC) determines, as recommended, that the proposed actions
being reviewed are inconsistent with the Airport Land Use Plan (ALUP), the City shall be notified and the
San Luis Obispo City Council may, after a public hearing, overrule the ALUC if both of the following
conditions are met:
a. The City Council shall, at least 45 days prior to the decision to overrule the ALUC determination,
provide the ALUC and the California Department of Transportation (Division of Aeronautics) with
a copy of the proposed decision and findings, as required by State law, and shall include any
comments from the ALUC and /or the Division of Aeronautics in the public record of any final
decision to overrule the Commission.
b. The City Council votes to overrule the ALUC’s determination by at least a two-thirds vote of its
members; and
c. The City Council makes specific findings that the proposed Land Use and Circulation Element
(LUCE) Update and Draft Zoning Ordinance Amendment implementing the proposed LUCE
Update are consistent with the purpose of Article 3.5 of the California Public Utilities Code, as
stated in Section 21670, as follows:
i. To provide for the orderly development of the San Luis Obispo County Regional Airport
as a public use airport and the area surrounding the Airport so as to promote the overall
goals and objectives of the California airport noise standards pursuant to Public Utilities
Code Section 21669 and to prevent the creation of new noise and safety problems; and
ii. To protect public health, safety, and welfare by ensuring the orderly expansion of the
Airport and the adoption of land use measures 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.
Such findings may not be adopted as a matter of opinion, but must be supported by substantial
evidence.
Should the City fail to override the ALUC determination by the above procedure, the ALUC may require
that the City submit all subsequent actions, regulations, and permits to the ALUC for review.
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
FIGURES FOR REFERENCE:
Figure 1 – Proposed Development Projects
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
Figure 2 – Proposed General Plan Airport Area
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
Figure 2A – LUCE Sphere of Influence Planning Subarea
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
Figure 3 – Proposed General Plan Airport Area Compared to the existing ALUP Planning Area
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination ALUC July 16, 2014 Figure 4 – Proposed Airport Overlay Zone with Handbook Safety Zones
Attachment 2 PH4 - 21
SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination
ALUC July 16, 2014
Figure 4A – Proposed Airport Overlay Zone with Specific and Area Plan areas
Attachment 2
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SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination ALUC July 16, 2014
Figure 5 – Airport Overlay Zone with Projected Noise Contours
Attachment 2 PH4 - 23
SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination ALUC July 16, 2014
Figure 6 – ALUP Airport Noise Contours
Attachment 2 PH4 - 24
SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination ALUC July 16, 2014
Figure 7 – ALUP Airport Aviation Safety Areas
Attachment 2 PH4 - 25
SLO CITY LUCE UPDATE AND DRAFT ZONING ORDINANCE AMENDMENT: Inconsistency Determination ALUC July 16, 2014
Attachment 2 PH4 - 26
Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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Attachment 3
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ATTACHMENT 4
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ATTACHMENT 4
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ATTACHMENT 4
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ATTACHMENT 4
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Attachment 5
RESOLUTION NO. _____
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
patterns that discourage urban sprawl and provide for safe, high quality residential
neighborhoods and supportive amenities and services; and
PH4 - 41
Attachment 5
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 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
PH4 - 42
Attachment 5
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;
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 Councilmember ______, seconded by Councilmember
_______, and on the following roll call vote:
PH4 - 43
Attachment 5
AYES:
NOES:
ABSENT:
RECUSED:
The foregoing resolution was adopted this 19th day of August 2014.
Mayor Jan Marx
Attest:
_______________________
Anthony J. Mejia, CMC
City Clerk
Approved as to Form:
_______________________
J. Christine Dietrick
City Attorney
PH4 - 44
Attachment 5
Exhibit A
1
Exhibit A
Resolution ______
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).
PH4 - 45
Attachment 5
Exhibit A
2
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.
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
PH4 - 46
Attachment 5
Exhibit A
3
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
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
PH4 - 47
Attachment 5
Exhibit A
4
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
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
PH4 - 48
Attachment 5
Exhibit A
5
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
with the California Airport Land Use Planning Handbook guidance for uses appropriate
to each safety zone meets the State Aeronautics Act Section 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.
PH4 - 49
Attachment 5
Exhibit A
6
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
associated noise contours form a conservative base of information to use when
considering long term compatibility of land uses through the LUCE update. (See
Handbook, Pages 3-7, 3-8).
Findings 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 Section 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
PH4 - 50
Attachment 5
Exhibit A
7
operations forecast noise contours as those applicable to the community of San Luis
Obispo in compliance with the Public Utilities Code Section 21675(a) and the California
Airport Land Use Planning Handbook Chapters 3 and 4.
24.Table 4B, 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.”
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 7.0d 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.
PH4 - 51
Attachment 5
Exhibit A
8
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.
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 Section 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.
PH4 - 52
Attachment 5
Exhibit A
9
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
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
PH4 - 53
Attachment 5
Exhibit A
10
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
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
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Attachment 5
Exhibit A
11
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
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
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Figure 15 Noise Contours
1 0 10.5 Miles
2023 Noise Contours (CNEL)55 60 65 70 75
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