HomeMy WebLinkAbout03/15/2005, SS2 - REVIEW OF THE RECENTLY AMENDED SAN LUIS OBISPO COUNTY REGIONAL AIRPORT LAND USE PLAN AND ITS EFFECT counciles-
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Community Development Director400 J:;�_ .TJK-
Prepared By: Michael Codron, Associate Planner
SUBJECT: REVIEW OF THE RECENTLY AMENDED SAN LUIS OBISPO COUNTY
REGIONAL AIRPORT LAND USE PLAN AND ITS EFFECTS ON THE
CITY'S GENERAL PLAN DEVELOPMENT PROGRAM
CAO RECOMMENDATION
1) Direct staff to pursue an Airport Compatible Open Space plan that serves both the needs of
the Airport Land Use Commission and the City.
2) Direct staff to work with the Airport Land Use Commission on minor revisions to the Airport
Land Use Plan (ALUP) definition of existing development so that the ALUP can be
interpreted consistently with existing City General Plan and zoning requirements, and report
back to the City Council on May 17, 2005.
3) Direct staff to continue to work with the Airport Land Use Commission to insure consistency
between the SLO County Regional Airport Land Use Plan and the City's specific plans,
including the Margarita Area Specific Plan, the Airport Area Specific Plan, and the Qrcutt
Area Specific Plan.
DISCUSSION
Situation
On June 19, 2002, the Airport Land Use Commission (ALUC) approved an amendment to the
Airport Land Use Plan (ALUP), a document fust adopted in 1973. The 2002 amendment
included new standards for acceptable noise exposure levels, residential and non-residential
density, and specific policies relating to the Margarita Area. The policies regarding the Margarita
Area were developed through a working group of City staff, ALUC Commissioners, a
subcommittee of Council Members at the time (Jan Marx and Ken Schwartz) and County staff
who provide support to the independent ALUC. Through this process a development program
was worked out for the Margarita Area whereby residential density was significantly reduced in
order to insure ongoing compatibility with airport operations.
However, there were significant problems identified with the 2002 ALUP amendment. At that
time, City staff met with the ALUC to express objection to certain standards in the Plan, such as
severe limitations on residential and non-residential density. The standards prevented the
fulfillment of many General Plan goals and policies because they did not allow for mixed-use
development and significantly reduced development potential in areas seen as critical for both
housing and job creation. .These restrictions would only be consistent with State law if they were
necessary to reduce the public's exposure to "excessive" airport noise and safety hazards. Faced
Airport Land Use Plan Page 2
with on-going complaints from the development community and the City, the ALUC agreed to
work on a new amendment, which was initiated in 2003, and adopted in July, 2004.
The new amendment to the ALUP is intended to provide flexibility for development in the area.
subject to its compatibility requirements. Copies of the final ALUP were first published and
provided to City staff in December 2004. This final version includes language that was not
available when the plan was adopted in July, such as Appendix G, which provides the method for
calculating non-residential land use density. The new amendment is the subject of this Council
Agenda Report and this report identifies the Plan's strengths and a few current weaknesses, and
how the Plan can be implemented in a manner that is consistent with the City's General Plan and
Zoning Ordinance. Revising one or two definitions may address most of the City's policy
concerns with the Plan.
A Little Backgound on ALUCs
The Public Utilities Code (PUC) creates the authority for Airport Land Use Commissions to
create land use compatibility plans, referred to as airport land use plans (Attachment 1). The
purpose of an airport land use plan is to protect the public health, safety and welfare by insuring
the orderly development of public use airports, and the adoption of land use measures that
minimise the public's exposure to excessive noise and safety hazards around public airports "to
the extent that these areas are not already devoted to incompatible uses." ALUCs have no final
decision making authority over new development. Instead, the Public Utilities Code sets up a
collaborative process whereby changes to airport land use plans, general plans, specific plans,
zoning ordinances and building codes are supposed to be coordinated. The policies in an airport
land use plan are intended to be implemented by the city or county with jurisdiction over land
use. It is, therefore, imperative that airport land use plans respect land already devoted to urban
development and that local codes are consistent with the local airport land use plan.
The Government Code establishes a period of 180 days for a local jurisdiction to review new
amendments to airport compatibility plans. Within this 180 day period,the jurisdiction can:
1) make all plans and codes consistent with the new ALUP (thereby implementing
its policies);
2) override the plan, based on specific findings that the decision is consistent with
the purpose and intent of the Public.Utilities Code;
3) work with the ALUC to modify its plan; or
4) a combination of these compatibility strategies.
Since 180 days is a fairly short time to review new amendments and make changes to a general
plan, zoning ordinance, or building code, it is assumed that significant coordination will occur in
advance of the adoption of a new airport land use plan. In fact, the PUC requires that ALUCs
establish planning area boundaries only "after hearing and consultation with the involved
agencies" (PUC Section 21675(c)). Although the law is not clear on the meaning of"hearing and
consultation," the Caltrans Handbook, which is produced to guide ALUC decisions, states that
"simple discussions with the staff of affected jurisdictions may not be sufficient. Caution
suggests that ALUCs should afford elected officials of those jurisdictions the opportunity to meet
a-z
Airport Land Use Plan Page 3
jointly with the commission to discuss planning boundaries and other compatibility issues" (CT
Handbook, Page 2-12). As discussed previously, the City and the ALUC closely coordinated the
development of the Margarita Area Specific Plan and its corresponding chapter in the new
ALUP. This process should serve as a model for coordination of future planning efforts.
The completed ALUP was made available to the public on December 9, 2004, therefore the City
of San Luis Obispo is currently in the 180 day review period for the new ALUP amendment.
Positive.Aspects of the New ALUP
There are many positive aspects of the new ALUP that will help to insure ongoing consistency
between development in the City and airport operations. The recently adopted Margarita Area
Specific Plan was written to be consistent with the ALUP. The new ALUP also includes
provisions for mixed-use development and includes a process to provide for `-`density
adjustments." These adjustments allow for increased density (residential and non-residential)
over the Plan's base standards where a higher level of planning detail is provided, such as in the
City's expansion areas. Increased density is also possible under the new ALUP if open space
areas are provided to enhance airport safety. This works well with the City's other purposes for
open space, such as agricultural preservation, greenbelt protection, and recreation. City staff has
presented a draft Airport Compatible Open Space (ACOS) plan to the Airport Land Use
Commission and has received positive feedback (Attachment 2). Staff believes that approval of
the ACOS plan in April or May, 2005, is possible if the concept is supported by the Council. At
least three projects (Broad Street Mixed-Use, Cinderella Carpets Mixed-Use, and Long-Bonetti
Ranch Commercial) have been conditionally approved, but require ACOS approval before they
can be fully developed.
Airport Compatible Open Space (ACOS)
As discussed in detail in the ACOS plan (Attachment 2), its purpose is to set aside open space
areas that are compatible with airport operations in exchange for the ability to develop urban
areas to greater intensity. The immediate effect of ACOS approval would be to remove lot
coverage restrictions from all properties within the ALUP area ACOS approval also allows for
greater residential and non-residential density in these areas. Implementation of the ACOS
would occur overtime and would involve agreements on the use of City owned land. For areas
that are not owned by the City, conservation easements, CC&R's, and zoning limitations could
be pursued to insure that open space areas remain compatible with airport operations. It is
important to note that all of the open space areas defined in the ACOS are at least dual purpose
and would most likely be kept as open space regardless of the current airport planning effort.
However, explicitly identifying airport safety as one of the reasons to maintain these areas as
open space works to insure the ongoing preservation of the open space for all of its potential
uses.
The CAO is recommending that the City Council direct staff to pursue ALUC approval of the
ACOS plan. As discussed previously, there are existing development projects that have received
all of their discretionary approvals and are awaiting approval of an ACOS by the ALUC before
they can be developed. If the ALUC is able to approve the ACOS in April or May, the density
adjustments (which are consistent with existing City policies and standards) would immediately
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Airport Land Use Pian Page 4
go into effect. The final version of the ACOS would then be brought back to the City Council
for adoption as part of the action plan for implementation.
Mutual Standards and Interpretations are Needed
ALUCs are authorized to conduct compatibility planning for areas around airports "to the extent
that these areas are not already devoted to incompatible uses" (PUC 21670(a)(2)). In practice
this means that the provisions of airport land use plans do not apply to existing development.
Airport land use plans must, therefore, define existing development so that there is a clear
understanding regarding which projects are subject to airport compatibility planning
requirements (see ALUP Section 2.8.1, Attachment 3). Within the existing urban area, the only
projects that are referred to and reviewed by the ALUC are building code amendments, general
plan amendments, zoning ordinance amendments and specific plans - projects that change the
type of development that a property is committed to. Development under the City's existing
General Plan program is not normally reviewed by the ALUC.
The first ALUP was adopted in 1973 and the City has involved the ALUC in its land use
decisions, particularly when the 1994 Land Use Element and Circulation Element amendments
were approved. Therefore, it should be possible to conclude that development which is
consistent with current City planning documents is also consistent with current standards for
airport safety. The new ALUP might state this relationship explicitly in Section 2.8.1 to insure
that there is no confusion during implementation of the Plan. Essentially, all development
within the City limits (whether already constructed or simply planned under the City's current
General Plan and Zoning requirements) should be considered existing development under the
ALUP. On the other hand, projects that involve land use changes, such as property rezoning,
specific plans and annexations would be required to be consistent with new ALUP standards.
Discussions with two ALUC members and staff indicate that the ALUC may agree with this
definition because most projects carried out under existing General Plan and zoning requirements
are not subject to their review. However, the City's General Plan and Zoning Regulations
require land use decisions to be consistent with the ALUP. As a result, the actual wording of the
ALUP definition of existing development must clearly state the intent and understandings of the
ALUC and the City. The way the Airport Land Use Plan is currently written, a project must have
all of its discretionary approvals before it is considered existing. Because Architectural Review
and minor use permits are discretionary approvals required for most new development, the new
ALUP, if interpreted literally, preempts the ability of the City to continue to implement its
General Plan. Thus, this wording should be made more clear to eliminate a likely
misinterpretation.
Potential Impacts of Different Standards or Interpretations
Staff has taken a close look at the effect of ALUP noise and safety policies on existing and
proposed projects within the current City limits (see Survey of Development Potential Under the
New ALUP). The main area of concern is along the South Higuera corridor. Much of the
existing development in this area is more intense than the new ALUP standards would permit.
The City's current zoning standards allow properties in this area to be developed to a greater
degree than the ALUP allows. As a result, implementation of the ALUP as currently written
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Airport Land Use Plan Page 5
would require down-zoning of property in this area so that current and future property owners
would have a clear understanding of their actual development potential.
Residential uses along the South Higuera corridor would be considered non-conforming under
the ALUP as currently written. Staff estimates that there are over 750 residential units in this
area, most of which are mobile homes. Section 2.8.1, Existing Development, of the ALUP
would prohibit redevelopment of these sites at their current density even in the event of
involuntary destruction, which is inconsistent with State law. Minor rewording of this section
would eliminate the potential for any confusion regarding how the standards for existing
development should be applied.
For these reasons, the CAO is recommending that the City Council provide staff with direction to
work with the Airport Land Use Commission to insure that wording of Section 2.8.1 of the
ALUP is consistent with how the Plan is hopefully intended to be applied in practice.
Solutions
As evidenced by the coordination that occurred with the Margarita Area Specific Plan, the airport
compatibility planning process is an asset that helps to insure ongoing compatibility between the
physical development of the City and airport operations. The coordination achieved through the
development of the Margarita Area Specific Plan should serve as a model for future planning
efforts. Future changes to the ALUP and to City planning documents should be.coordinated in
this way so that a consensus can be developed between the two planning agencies.
Therefore, with direction from the City Council, staff will continue to coordinate the
development of the Airport Area and Orcutt Area Specific Plans with the ALUC. Both of the
documents will include sections on airport compatibility, which will be consistent with the
current draft of the ALUP. A significant amount of coordination has already occurred during the
drafting of Airport Area Specific Plan, and airport safety has been a major consideration during
the environmental review process.
CONCURRENCES
The Community Development Department assumes the lead role for coordination with the
Airport Land Use Commission. The Commission has been invited to the Council meeting and
has been provided with copies of the agenda report for their review and comment, either in
advance or at the hearing.
ALTERNATIVES
1. The City Council can continue consideration of this item to another meeting. This alternative
is not recommended because certain planning applications have been submitted that cannot
be processed until the issues discussed in this report are resolved. Other projects have been
approved and are awaiting resolution of these issues before construction permits can be
issued.
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Airport Land Use Plan Page 6
2. The City Council can decide to direct staff to prepare amendments to make the City's
General Plan consistent with the Airport Land Use Plan, as written. This alternative is not
recommended because the changes needed would be significant and should only be
considered as part of a comprehensive update of the Land Use Element.
ATTACHMENTS
Attachment 1: Public Utilities Code Sections 21670-21679.5
Attachment 2: Draft Airport Compatible Open Space Plan
Attachment 3: ALUP Definition of Existing Land Use (Section 2.8.1,pg. 7)
Provided for Council and Available in the Community Development Department
SLO County Regional Airport Land Use Plan
Survey of Development Potential Under the New ALUP
Council Reading File
Caltrans Airport Land Use Plan Handbook
L:\COUNCIL\alup_xos(revised).DOC
Attachment 1
Miaedk neons Planning-Related Law,
are equal to,or less than,75 percent of the maximum income (b)In order to achieve the purposes of this article,every
of lower income households,and at least half of which shall county in which there is located an airport which is served
be affordable to very low income households. by a scheduled airline shall establish an airport land use
(d)Dwelling units produced for persons and families of commission. Every county, in which there is located an
low or moderate income under this section shall be restricted airport which is not served by a scheduled airline, but is
by regulatory agreement to remain continually affordable operated for the benefit of the general public,shall establish
to those persons and families for the longest feasible time, an airport land use commission, except that the board of
but not less than 30 years,pursuant to a method prescribed supervisors of the county may, after consultation with the
by the city. The regulatory agreement shall contain a appropriate airport operators and affected local entities and
provision making the covenants and conditions of the after a public hearing,adopt a resolution finding that there
agreement binding upon successors in interest of the housing are no noise,public safety,or land use issues affecting any
sponsor. The regulatory agreement shall be recorded in the airport in the county which require the creation of a
office of the county recorder of the county in which the commission and declaring the county exempt from that
housing development is located. The regulatory agreement requirement. The board shall,in this event,transmit a copy
shall be recorded in the grantor-grantee index to the name of the resolution to the Director of Transportation. For
of the property owner as grantor and to the name of the city purposes of this section, "commission" means an airport
as grantee. land use commission. Each commission shall consist of
(e)The provisions of this section shall apply to all cities, seven members to be selected as follows:
including charter cities. (1)Two representing the cities in the county,appointed
j (f)The definitions of"persons. families of low and by a city selection committee comprised of the mayors of
moderate income,""lower income households,"and"very all the cities within that county,except that if there are any
low income households"set forth in Sections 50079,50093, cities contiguous or adjacent to the qualifying airport, at
and 50105 of the Health and Safety Code shall apply to this least one representative shall be appointed therefrom. If
section. there are no cities within a county; the number of
(Added by Stats.1980,Ch.861;Amended by Stats.1988, representatives provided for by paragraphs(2)and(3)shall
Ch 1604.) each be increased by one.
(2)Two representing the county,appointed by the board
of supervisors.
(3) Two having expertise in aviation, appointed by a
PUBLIC UTILITIES CODE selection committee comprised of the managers of all of
EXCERPTS the public airports within that county.
(4) One representing the general public, appointed by
the other six members of the commission.
(c) Public officers, whether elected or appointed, may
AIRPORT LAND USE PLANNING be appointed and serve as members of the commission
Chapter 4. Airports and Air Navigation during their terms of public office.
Facilities (d)Each member shall promptly appoint a single proxy
to represent him or her in commission affairs and to vote on
Article 3.5. Airport Land Use Commission all matters when the member is not in attendance. The proxy
shall be designated in a signed written instrument which
21670. Creation; membership shall be kept on file at the commission offices,and the proxy
(a)The Legislature hereby finds and declares that: shall serve at the pleasure of the appointing member. A
(1) It is in the public interest to provide for the orderly vacancy in the office of proxy shall be filled promptly by
development of each public use airport in this state and the appointment of a new proxy.
area surrounding these airports so as to promote the overall (e)A person having an"expertise in aviation"means a
goals and objectives of the California airport noise standards person who, by way of education, training, business,
adopted pursuant to Section 21669 and to prevent the experience, vocation, or avocation has acquired and
creation of new noise and safety problems. possesses particular knowledge"of,and familiarity with,the
(2)It is the purpose of this article to protect public health, function, operation, and role of airports, or is an elected
safety, and welfare by ensuring the orderly expansion of official of a local agency which owns or operates an airport.
airports and the adoption of land use measures that minimize (f) It is the intent of the Legislature to clarify that,for
the public's exposure to excessive noise and safety hazards the purposes of this article, that special districts, school
within areas around public airports to the extent that these districts, and community college districts are included
areas are not already.devoted to incompatible uses.
2004 Planning,Zoning,and Development Laws • 313
.Viceaaneons.Plot wing-Related Laws Attachment 1
among the local agencies that are subject to airport land use use compatibility plan.
laws and other requirements of this article. (3)The Division of Aeronautics of the department shall
(Amended by Stats. 1982, Ch. 1041;Amended by Stats. review the processes adopted pursuant to paragraph(2),and
1984, CIL 1117'' Amended by Stats. 1987, Ch. 1018; shall approve the processes if the division determines that
Amended by Stats. 1993, Ch. 59;Amended by Stats. 1994, the processes are consistent with the procedure required by
Ch. 644,Amended by Stats. 2003, Ch. 351.) this article and will do all of the following:
(A) Result in the preparation, adoption, and
21670.1. Action by designated body;local option implementation of plans within a reasonable amount of time.
(a)Notwithstanding any other provision of this article, (B) Rely on the height,use, noise, safety,and density
if the board of supervisors and the city selection committee criteria that are compatible with airport operations, as
of mayors in the county each makes a determination by a established by this article, and referred to as the Airport
majority vote that proper land use planning can be Land Use Planning Handbook,published by the division,
accomplished through the actions of an appropriately and any applicable federal aviation regulations,including,
designated body,then the body so designated shall assume but not limited to,Part 77(commencing with Section 77.1)
the planning responsibilities of an airport land use of Title 14 of the Code of Federal Regulations.
commission as provided for in this article,and a commission (C)Provide adequate opportunities for notice to,review
need not be formed in that county. of, and comment by the general public, landowners,
(b)A body designated pursuant to subdivision(a)which interested groups,and other public agencies.
does not include among its membership at least two (4)If the county does not comply with the requirements
members having an expertise in aviation, as defined in of paragraph(2)within 120 days,then the airport land.use
subdivision(e)of Section 21670,shall,when acting in the compatibility plan and amendments shall not be considered
capacity of an airport land use commission,be augmented adopted pursuant to this article and a commission shall be
so that body,as augmented,will have at least two members established within 90 days of the determination of
having that expertise. The commission shall be constituted noncompliance by the division and an airport land use
pursuant to this section on and after March 1, 1988. compatibility plan shall be adopted pursuant to this article
(c) (1) Notwithstanding subdivisions (a) and(b), and within 90 days of the establishment of the commission.
subdivision(b)of Section 21670,if the board of supervisors (d)A commission need not be formed in a county that
of acounty and each affected city in that county each makes has contracted for the preparation of airport land use
a determination that proper land use planning pursuant to compatibility plans with the Division of Aeronautics under
this article can be accomplished pursuant to this subdivision, the California Aid to Airports Program (Title 21
then a commission need not be formed in that county. (commencing with Section 4050)of the California Code of
(2) If the board of supervisors of a county and each Regulations), Project Ker-VAR 90-1, and that submits all
affected city makes a determination that proper land use of the following information to the Division of Aeronautics
planning may be accomplished and a commission is not for review and comment that the county and the cities
formed pursuant to paragraph (1), that county and the affected by the airports within the county,as defined by the
appropriate affected cities having jurisdiction over an airport, airport land use compatibility plans:
subject to the review and approval by the Division of (1)Agree to adopt and implement the airport land use
Aeronautics of the department,shall do all of the following: compatibility plans that have been developed under contract.
(A)Adopt processes for the preparation,adoption,and (2)Incorporated the height,use,noise,safety,and density
amendment of the airport land use compatibility plan for criteria that are compatible with airport operations as
each airport that is served by a scheduled airline or operated established by this article, and referred to as the Airport
for the benefit of the general public. Land Use Planning Handbook,published by the division,
(B)Adopt processes for the notification of the general and any applicable federal aviation regulations,including,
public, landowners, interested groups, and other public but not limited to,Part 77(commencing with Section 77.1)
agencies regarding the preparation, adoption, and of Title 14 of the Code of Federal Regulations as part of the
amendment of the airport land use compatibility plans. general and specific plans for the county and for each
(C)Adopt processes for the mediation of disputes arising affected city.
from the preparation,adoption,and amendment of the airport (3) If the county does not comply with thissubdivision
land use compatibility plans. on or before May 1, 1995, then a commission shall be
(D)Adopt processes for the amendment of general and established in accordance with this article.
specific plans to be consistent with the airport land use (e)(1)A commission need not be formed in a county if
compatibility plans. all of the following conditions are met:
(E)Designate the agency that shall be responsible of the (A)The county has only one public use airport that is
preparation,adoption,and amendment of each airport land owned by a city.
314 • 2004 Planning,Zoning,and Delopment LIMB =
b1isce4=eoPimamg-Related Laws I !�liaCihment
iu
(B) (i) The county and the affected city adopt the in effect until June 30,2005,unless the San Diego County
elements in paragraph(2)of subdivision(d),as part of their Regional Airport Authority adopts a plan prior to that date
general and specific plans for the county and the affected pursuant to subdivision(a).
city. (Added by Stats. 2001, Ch. 946.)
(ii) The general and specific plans shall be submitted,
upon adoption,to the Division of Aeronautics. If the county 21670.4. Exemptions
and the affected city do not submit the elements specified (a)As used in this section,"iutercounty airport"means
in paragraph (2) of subdivision(d), on or before May 1, any airport bisected by a county line through its runways,
1996,then a commission shall be established in accordance runway protection zones,inner safety zones,inner turning
with this article. zones,outer safety zones,or sideline safety zones,as defined
(Added by Stats. 1970, Ch. 1182; Amended by Stats. by the department's Airport Land Use Planning Handbook
1980,Ch.725,Amended by Slats. 1987,Ch. 1018,Amended and referenced in the airport land use compatibility plan
by Stats. 1994, Ch. 644;Amended by Stats. 1995, Ch. 66, formulated under Section 21675.
Amended by Stats. 2002, Ch. 438.) (b) It is the purpose of this section to provide the
opportunity to establish a separate airport land use
21670.2. County of Los Angeles commission so that an intercounty airport may be served
(a) Sections 21670.and 21670.1 do not apply to the by a single airport land use planning agency, rather than
County of Los Angeles. In that county,the county regional having to look separately to the airport land use commissions
planning commission has the responsibility for coordinating of the affected counties.
the airport planning of public agencies within the county. (c) In addition to the airport land use commissions
In instances where impasses result relative to this planning, created under Section 21670 or the alternatives established
ander Section 21670.1, for their respective counties, the
co appeal may be made to the county regional planning boards of supervisors and city selection committees for the
commission by any public agency involved. The action
taken by l may be overruled by afour-fifths vote of the affanted counties, by independent majority vote of each
appeal the county regional planning commission on an county's two delegations,for any intercounty airport,may governing body of a public agency whose planning led to do either of the following:
(1) Establish a single separate airport land use
(b) By January 1, 1992, the county regional planning
the appeal. commission for that airport. That commission shall consist commission shall adopt the airport land use compatibility of seven members to-be selected as follows:
(A)One representing the cities in each of the counties,
plans required pursuant to Section 21675. appointed by that county's city selection committee.
(c)Sections 1,21675.2,and 21679.5 do not apply (B)One representing each of the counties,appointed by
to the County off Los
os Angeles until January 1, 1992. If the
airport land use compatibility plans required pursuant to the board of supervisors of each county.
Section 21675 are not adopted by the county regional (C)One from each county having expertise in aviation,
planning commission by January 1,1992,Sections 21675.1 appointed by a selection committee comprised of the
and 21675.2 shall apply to the County of Los Angeles until managers of all the public airports within that county.
t (D) One representing the general public, appointed by
he airport land use compatibility plans are adopted.
the other six members of the comm'. ion.
(Added by Stats. 1970, Ch. 1182; Amended by.Stats. (2)In accordance with subdivision(a)or(b)of Section
1990, Ch 54;Amended by Stan. 2002, Ch 438.) 21670.1, designate an existing appropriate entity as that
216703. San Diego Airport planning of public agencies, airport's land use commission.
adoption of land use plan (Added by Stats. 1997,Ch.81;Amended by Stats.2002,
(a) Sections 21670 and 21670.1 do not apply to the Ch. 438.)
County of San Diego. In that county,the San Diego County 21671. Locally owned airports
Regional Airport Authority, as established pursuant to any county where there is an airport operated for the
Section 170002,is responsible for coordinating the airport
planning of public agencies within the county and shall,on general public which is owned by a city or district in another
or before June 30, 2005, after reviewing the existing county or by another county, one of the representatives
comprehensive land use plan adopted pursuant to Section provided by paragraph (1) of subdivision (b) of Section
21675,adopt a comprehensive land use plan. 21670 shall be appointed by the city selection committee of.
(b)Any comprehensive land use plan developed pursuant mayors of the cities of the county in which the owner of
to Section 21675 and adopted pursuant to Section 21675.1 that airport is located and one of the representatives provided
by the San Diego Association of Governments shall remain by paragraph(2)of subdivision(b)of Section 21670 shall
2004 Planning-Zoning,and Development Ia»'a 0 315
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Attachment 1
mitcellm[eaas 1Nmening-Reiate+d Laws
be appointed by the board of supervisors of the county in the commission may continue to charge fees necessary to
which the owner of that airport is located. comply with this article until June 30, 1992, and, if the
(Amended by Stats. 1982, Ch 1041;Amended by Stats. airport land use compatibility plans are complete by that
1984, Ch. 1117;Amended by Stats. 1987, Ch 1018.) date,may continue charging fees after June 30,1992. If the
airport land use compatibility plans are not complete by June
216715. Commission members;fees 30, 1992,the commission shall not charge fees pursuant to
(a)Except for the terms of office of the members of the subdivision
first commission,the term of office of each member shall (f)until the commission adopts the land use plans.
be four years and until the appointment and qualification of (Added by Stats.1967,Ch 852;Amended by Stats. 1972,
his or her successor. The members of the first commission Ch. 419, Amended by Stats. 1989, Ch 306; Amended by
shall classify themselves by lot so that the term of office of Stats. 1990, Ch. 1572;Amended by Stats. 1991, Ch. 140;
one member is one year,of two members is two years, of Amended by Stats. 2002, Ch.438.)
two members is three years, and of two members is four
years. The body that originally appointed a member whose 21672. Rules and regulations
term has expired shall appoint his or her successor for a full Each commission shall adopt rules and regulations with
term of four years. Any member may be removed at any respect to the temporary disqualification of its members from
time and without cause by the body appointing that member. participating in the review or adoption of a proposal because
The expiration date of the term of office of each member of conflict of interest and with respect to appointment of
shall be the first Monday in May in the year in which that substitute members in such cases.
member's term is to expire. Any vacancy in the membership (wed by Stats. 1967, Ch 852.)
of the commission shall be filled for the unexpired term by
appointment by the body which originally appointed the 21673. Creation of a commission
member whose office has become vacant. The chairperson In any county not having a commission or a body
of the commission shall be selected by the members thereof. designated to carry out the responsibilities of a commission,
(b) Compensation if any, shall be determined by the any owner of a public airport may initiate proceedings for
board of supervisors. the creation of a commission by presenting a request to the
(c)Staff assistance,including the mailing of notices and board of supervisors that a commission be created and
the keeping of minutes and necessary quarters,equipment, showing the need therefor to the satisfaction of the board of
and supplies shall be provided by the county. The usual supervisors
and necessary operating expenses of the commission shall (Added by Slats. 1967,Ch 852;Amended by Stats.1987,
be a county charge. Ch. 101&)
(d)Notwithstanding any other provisions of this article,
the commission shall not employ any personnel either as 21674. Powers and duties
employees or independent contractors without the prior The commission has the following powers and duties,
approval of the board.of supervisors. subject to the limitations upon its jurisdiction set forth in
(e) The commission shall meet at the call of the Section 21676:
commission chairperson or at the request of the majority of (a)To assist local agencies in ensuring compatible land
the commission members. A majority of the commission uses in the vicinity of all new airports and in the vicinity of
members shall constitute a quorum for the transaction of existing airports to the extent that the land in the vicinity of
business. No action shall be taken by the commission except those airports is not already devoted to incompatible uses.
by the recorded vote of a majority of the full membership. (b)To coordinate planning at the state,regional,and local
(f) The commission may establish a schedule of fees levels so as to provide for the orderly development of air
necessary to comply with this article. Those fees shall be transportation,while at the same time protecting the public
charged to the proponents of actions,regulations,or permits, health,safety,and welfare.
shall not exceed the estimated reasonable cost of providing (c)To prepare and adopt an airport land use compatibility
the service,and shall be imposed pursuant to Section 66016 plan pursuant to Section 21675.
of the Government Code. Except as provided in subdivision (d) To review the plans,regulations, and other actions
(g),after June 30,1991,a commission that has not adopted of local agencies and airport operators pursuant to Section
the airport land use compatibility plan required by Section 21676.
21675 shall not charge fees pursuant to this subdivision until (e) The powers of the commission shall in no way be
the commission adopts the plan. construed to give the commission jurisdiction over the
(g) In any county that has undertaken by contract or operation of any airport.
otherwise completed airport land use compatibility plans
for at least one-half of all public use airports in the county,
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(f) In order to carry out its responsibilities, the Land Use Planning Handbook published by the Division of
commission may adopt rules and regulations consistent with Aeronautics of the Department of Transportation.
this article. (b) It is the intent of the Legislature to discourage
(Amended by Stats. 1975, Ch 1052;Amended by Stats. incompatible land uses near existing airports.Therefore,
1982, Ch. 1041; Amended by Stats. 1987, Ch. 1018; prior to granting permits for the renovation or
Amended by Slats. 2002, Ch.438.) remodeling of an existing building,structure,or facility,
and before the construction of a new building,it is the.
216745. Caltrans training programs intent of the Legislature that local agencies shall be
(a)The Department of Transportation shall develop and guided by the height, use, noise, safety, and density
implement a program or programs to assist in the training criteria that are compatible with airport operations,as
and development of the staff of airport land use established by this article,and referred to as the Airport
commissions, after consulting with airport land use Land Use Planning Handbook,published by the division,
commissions,cities,counties,and other appropriate public and any applicable federal aviation regulations,
entities. including,but not limited to,Part 77(commencing with
(b)The training and development program or programs Section 77.1) of Title 14 of the Code of Federal
are intended to assist the staff of airport land use Regulations, to the extent that the criteria has been
commissions in addressing high priority needs, and may incorporated into the plan prepared by a commission
include,but need not be limited to,the following: pursuant to Section 21675. This subdivision does not
(1)The establishment of:a process for the development limit the jurisdiction of a commission as established by
and adoption of airport land use compatibility plans. this article. This subdivision does not limit the authority
(2)The development of criteria for determining airport of local agencies to overrule commission actions or
land use planning boundaries. recommendations pursuant to Sections 21676,216765,
(3)The identification of essential elements that should or 21677.
be included in the airport land use compatibility plans. (Added by Slats.1994,Ch.644;Amended by Slats.2002,
(4) Appropriate criteria and procedures for reviewing Ch.438,Amended by Stats. 2003, Ch. 351.)
proposed developments and determining whether proposed
developments are compatible with the airport use. 21675. Land use plan
(5) Any other organizational, operational, procedural, (a) Each commission shall formulate a comprehensive
or technical responsibilities and functions that the land use plan that will provide for the orderly growth of
department determines to be appropriate to provide to each public airport and the area surrounding the airport
commission staff and for which it determines there is a need within the jurisdiction of the commission,and will safeguard
for staff training or development. the general welfare of the inhabitants within the vicinity of
(c) The department may provide training and the airport and the public in general. The commission plan
developmentprograms for airport land use commission staff shall include and shall be based on a long-range master plan
pursuant to this section by any means it deems appropriate. or an airport layout plan,as determined by the Division of
Those programs may be presented in any of the following Aeronautics of the Department of Transportation, that
ways: reflects the anticipated growth of the airport during at least
(1)By offering formal courses or training programs. the next 20 years. In formulating a land use plan, the
(2) By sponsoring or assisting in the organization and commission may develop height restrictions on buildings,
sponsorship of conferences, seminars, or other similar specify use of land, and determine building standards,
events, including soundproofing adjacent to airports, within the
(3) By producing and making available written planning area. The comprehensive land use plan shall be
information. reviewed as often as necessary in order to accomplish its
(4)Any other feasible method of providing information, purposes,but shall not be amended more than once in any
and assisting in the training and development of airport land calendar year.
use commission staff. (b) The commission shall include, within its plan
(Added by Stats. 1990, Ch. 1008.) formulated pursuant to subdivision(a),the area within the
jurisdiction of the commission surrounding any military
21674.7. Planning handbook airport for all of the purposes specified in subdivision(a).
(a) An airport land use commission that formulates, The plan shall be consistent with the safety and noise
adopts, or amends an airport land use compatibility plan standards in the Air Installation Compatible Use Zone
shall be guided by information prepared and updated prepared for that military airport. This subdivision does
pursuant to Section 21674.5 and referred to as the Airport not give the commission any jurisdiction or authority over
the territory or operations of apy military airport.
_ 2004 Planning.Zoning,and Development Laws • 317
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(c)The planning boundaries shall be established by the thirds vote of its governing body,if it makes specific findings
commission after hearing and consultation with the involved that the proposed action,regulation,or permit is consistent
agencies. with the purposes of this article, as stated in Section 21670.
(d) The commission shall submit to the Division of (e)If a city or county overrules the commission pursuant
Aeronautics of the department one copy of the plan and to subdivision (d), that action shall not relieve the city or
each amendment to the plan. county from further compliance with this article after the
(e) If a comprehensive land use plan does not include commission adopts the airport land use compatibility plan.
the matters required to be included pursuant to this article, (f)If a city or county overrules the commission pursuant
the Division of Aeronautics of the department shall notify to subdivision(d)with respect to a publicly owned airport
the commission responsible for the plan. that the city or county does not operate,the operator of the
(Amended by Stats. 1981, Ch. 714, Amended by Stats. airport is not liable for damages to property or personal
1984, Ch. 1117; Amended by Stats. 1987, Ch. 1018. injury resulting from the city's or county's decision to
Amended by Slats.1989, CIL 306;Amended by Stats. 1990, proceed with the action,regulation,or permit.
Ch.563;Amended by Stats. 2002, Ch.438&971.) (g)A commission may adopt rules and regulations that
exempt any ministerial permit for single-family dwellings
21675.1. Deadline;city and county actions from the requirements of subdivision (b) if it makes the
(a)By June 30, 1991,each commission shall adopt the findings required pursuant to subdivision (c) for the
airport land use compatibility plan required pursuant to proposed rules and regulations, except that the rules and
Section 21675,except that any county that has undertaken regulations may not exempt either of the following:
by contract or otherwise completed airport land use (1)More than two single-family dwellings by the same
compatibility plans for at least one-half of all public use applicant within a subdivision prior to June 30, 1991.
airports in the county, shall adopt that airport land use (2) Single-family dwellings in a subdivision where 25
compatibility plan on or before June 30, 1992. percent or more of the parcels are undeveloped.
(b) Until a commission adopts an airport land use (AddedbyStats.1989,Ch.3KAmended bySlats.1991,
compatibility plan, a city or county shall first submit all Ch. 140;Amended by Stats. 2002, Ch. 438.)
actions,regulations, and permits within the vicinity of a
public airport to the commission for review and approval. 21675.2. Remedies
Before the commission approves or disapproves any actions, (a)If a commission fails to act to approve or disapprove
regulations, or permits, the commission shall give public any actions, regulations, or permits within 60 days of
notice in the same manner as the city or county is required receiving the request pursuant to Section 21675.1, the
to give for those actions,regulations,or permits. As used applicant or his or her representative may file an action
in this section,"vicinity"means land that will be included pursuant to Section 1094.5 of the Code of Civil Procedure
or reasonably could be included within the airport land use to compel the commission to act, and the court shall give
compatibility plan. If the commission has not designated a the proceedings preference over all other actions or
study area for the airport land use compatibility plan,then proceedings,except previously filed pending matters of the
"vicinity"means land within two miles of the boundary of same character.
a public airport. (b) The action, regulation, or permit shall be deemed
(c)The commission may approve an action,regulation, approved only if the public notice required by this
or permit if it finds, based on substantial evidence in the subdivision has occurred.If the applicant has provided seven
record,all of the following: days advance notice to the commission of the intent to
(1) The commission is making substantial progress provide public notice pursuant to this subdivision,then,not
toward the completion of the airport land use compatibility earlier than the date of the expiration of the time limit
plan. established by Section 21675.1,an applicant may provide
(2) There is a reasonable probability that the action, the required public notice. If the applicant chooses to
regulation,or permit will be consistent with the airport land provide public notice,that notice shall include a description
use compatibility plan being prepared by the commission. of the proposed action,regulation, or permit substantially
(3) There is little or no probability of substantial similar to the descriptions which are commonly used in
detriment to or interference with the future adopted airport public notices by the commission, the location of any
land use compatibility plan if the action,regulation,orpermit proposed development, the application number, the name
is ultimately inconsistent with the airport land use and address of the commission, and a statement that the
compatibility plan. action, regulation, or permit shall be deemed approved if
(d)If the commission disapproves an action,regulation, the commission has not acted within 60 days. If the applicant
or permit, the commission shall notify the city or county. has provided the public notice specified in this subdivision,
The city or county may overrule the commission,by a two- the time limit for action by the commission shall be extended
318 • 2004 Pbuuftg,Zoning,and Devdopment Lawr _
a 1z
MiseelMmeeasPimaing-RelaledLaws Attachment 1
to 60 days after the public notice is provided. If the applicant commission by a two-thirds vote of its governing body if it
provides notice pursuant to this section,the commission shall makes specific findings that the proposed action is consistent
refund to the applicant any fees which were collected for with the purposes of this article stated in Section 21670. At
providing notice and which were not used for that purpose. least 45 days prior to the decision to overrule the
(c)Failure of an applicant to submit complete or adequate commission, the local agency governing body shall
information pursuant to Sections 65943 to 65946,inclusive, provide the commission and the division a copy of the
of the Government Code, may constitute grounds for proposed decision and findings. The commission and
disapproval of actions,regulations,or permits. the division may provide comments to the local agency
(d)Nothing in this section diminishes the commission's governing body within 30 dayd of receiving the proposed
legal responsibility to provide, where applicable, public decision and findings. If the commission or the division's
notice and hearing before acting on an action, regulation, comments are not available within this time limit, the
or permit. local agency governing body may act without them. The
(Added by Stats. 1989, Ch. 306.) comments by the division or the commission are advisory
to the local agency governing body. The local agency
21676. Land use consistency governing body shall include comments from the
(a)Each local agency whose general plan includes areas commission and the division in the public record of any
covered by an airport land use compatibility plan shall,by final decision to overrule the commission, which may
July 1, 1983,submit a copy of its plan or specific plans to only be adopted by a two-thirds vote of the governing
the airport land use commission. The commission shall body.
determine by August 31, 1983, whether the plan or plans (c) Each public agency owning any airport within the
are consistent or inconsistent with the airport land use boundaries of an airport land use compatibility plan shall,
compatibility plan. If the plan or plans are inconsistent with prior to modification of its airport master plan, refer any
the airport land use compatibility plan,the local agency shall proposed change to the airport land use commission. If the
be notified and that local agency shall have another hearing commission determines that the proposed action is
to reconsider its airport land use compatibility plans. The inconsistent with the commission's plan, the referring
local agency may propose to overrule the commission after agency shall be notified. The public agency may, after a
the hearing by a two-thirds vote of its governing body if it public hearing, propose to overrule the commission by a
MA kes specific findings that the proposed action is consistent two-thirds vote of its governing body if it makes specific
with the purposes of this article stated in Section 21670. At findings that the proposed action is consistent with the
least 45 days prior to the decision to overrule the purposes of this article stated in Section 21670. At least 45
commission, the local agency governing body shall days prior to the decision to overrule the commission,
provide the commission and the division a copy of the the public agency governing body shall provide the
proposed decision and findings. The commission and commission and the division a copy of the proposed
the division may provide comments to the local agency decision and findings. The commission and the division
governing body within 30 days of receiving the proposed may provide comments to the public agency governing
decision and findings. If the comaxission or the division's body within 30 days of receiving the proposed decision
comments are not available within this time limit,the and findings. If the commission or the division's
local agency governing body may act without them. The comments are not available within this time limit,the
comments by the division or the commission are advisory public agency governing body may act without them.
to the local agency governing body. The local agency The comments by the division or the commission are
governing body shall include comments from the advisory to the public agency governing body.The public
commission and the division in the final record of any agency governing body shall include comments from the
final decision to overrule the commission, which may commission and the division in the final decision to
only be adopted by a two-thirds vote of the governing overrule the commission, which may only be adopted
body. by a two-thirds vote of the governing body.
(b)Prior to the amendment of a general plan or specific (d) Each commission determination pursuant to
plan, or the adoption or approval of a zoning ordinance or subdivision (b) or (c)shall be made within 60 days from
building regulation within the planning boundary established the date of referral of the proposed action. If a commission
by the airport land use commission pursuant to Section fails to make the determination within that period, the
21675,the local agency shall first refer the proposed action proposed action shall be deemed consistent with the airport
to the commission. If the commission determines that the land use compatibility plan.
proposed action is inconsistent with the commission'splan, (Added by Slats. 1970, Ch 1182; Amended by Stats.
the referring agency shall be notified The local agency 1982, Ch. 1041; Amended by Stats. 1987, Ch. 1018;
may, after a public hearing, propose to overrule the
2004 rlanning,Zoning,aad Development IA%,s 9 319
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hllscegmeozu Plmning-RsWed taws
Amended by Stats.2002,Ch.438;Amended by Stats.2003, provide the commission and the division a copy of the
Ch.351.) proposed decision and findings. The commission and
the division may provide comments to the public agency
governing body within 30 days of receiving the proposed
216765. Local agency plan envisions decision and findings. If the commission or the division's
(a)If the commission finds that a local agency has not comments are not available within this time limit, the
revised its general plan or specific plan or overruled the
commission by a two-thirds vote of its governing body after public agency governing body may act without them.
making specific findings that the proposed action is The comments by the division on the commission are
consistent with the purposes of this article as stated in advisory to the public agency governing body.The public
Section 21670,the commission may require that the local agency governing body shall include comments from the
agency submit all subsequent actions, regulations, and commission and the division in the public record of the
permits to the commission for review until its general plan final decision to overrule the commission,which may be
or specific plan is revised or the specific findings are made. adopted by a majority vote of the governing body.
If, in the determination of the commission, an action, (Added by Stats.1975,Ch.934;Amended by Stats. 1984,
regulation,or permit of the local agency is inconsistent with Ch 144'.Amended by Stats. 2003, Ch. 351.)
the airport land use compatibility plan,the local agency shall 21678. Public agency override
be notified and that local agency shall hold a hearing to With respect to a publicly owned airport that a public
reconsider its plan. The local agency may propose to agency does not operate,
overrule the commission after the hearing by a two-thirds g cY sr6if the public agency pursuant to
vote of its governing body if it makes specific findings that Section 21676, 216reco or 21677 overrates a
the proposed action is consistent with the purposes of this commission's action or recommendation, the operator of
article as stated in Section 21670. At least 45 days prior tiro airport shall n immune from liability for damages to
to the decision to overrule the commission, the local property tl personal injury caused 's a resulting directly
agency governing body shall provide the commission and ***the c try from the public agency's decision to overrule
the division a copy of the proposed decision and findings. the commission's action i recommendation.
The commission and the division may provide comments SEC. 7. Notwithstanding Section ate M of the
to the local agency governing body within 30 days of Government Code,s the Commission on State Mandates
receiving the proposed decision and findings. If the determines that this act contains costs mandated scby hool
commission or the division's comments are not available state, reimbursement those
h local agencies and school
within this time limit,the local agency governing body 7(co ccs for those costs shall be made pursuant to Part
may act without them. The comments by the division 7(commencing with Section 17500)of Division 4 of Title
or the commission are advisory to the local agency 2 the Government Code. If the statewide cost the
governing body. The local agency governing body shall char for reimbursement does not exceed one million
include comments from the commission and the division dollars($1,000,0 Mandates
tlaims Fund. shall be made from
m the final decision to overrule the commission,which ,the State Mandates Claims h 10
may only be adopted by a two-thirds vote of the (Added 1 Stats. 1982, Ch. 1041; Amended by Stats.
governing body. 1984, Ch. 1117; Amended by Stats. 1987, Ch. 1018;
(b) Whenever the local agency has revised its general Amended by Stats. 2003, Ch 351.)
plan or specific plan or has overruled the commission 21679. 1.and use withoutan airport land use plan present
pursuant to subdivision(a),the proposed action of the local (a) In any county in which there is no airport land use
agency shall not be subject to further commission review, commission or other body designated to assume the
unless the commission and the local agency agree that responsibilities of an airport land use commission, or in
individual projects shall be reviewed by the commission. which the commission or other designated body has not
(Added by Stats. 1984, Ch. 1117; Amended by Stats. adopted an airport land use compatibility plan,an interested
2002, Ch.438;Amended by Stats. 2003, Ch. 351.) ply may initiate proceedings in a court of competent
21677. County of Marin jurisdiction to postpone the effective date of a zoning change,
Notwithstanding the two-thirds vote required by a zoning variance,the issuance,of a permit,or the adoption
of a regulation by a local agency, that directly affects the
Section 21676,any public agency in the County of Marin
may overrule the Marin County Airport Land Use use of land within one mile of the boundary of a public
Commission by a majority vote of its governing body. amort within the county.
At least 45 days prior to the decision to overrule the (b)The court may issue an injunction that postpones the
commission, the public agency governing body shall effective date of the zoning change,zoning variance,permit,
or regulation until the governing body of the local agency
that took the action does one of the following:
320:• 2004 Planning,Zoning,and Devdopn=t Iaws
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Attachment' 1
brisceffmcoas Pimming-RelaW laws
(1)In the case of an action that is a legislative act,adopts (c) Any action pursuant to Section 21679 commenced
a resolution declaring that the proposed action is consistent prior to January 1, 1990, in a county in which the
with the purposes of this article stated in Section 21670. commission or other designated body has not adopted an
(2) In the case of an action that is not a legislative act, airport land use compatibility plan,but is making substantial
adopts a resolution making findings based on substantial progress toward the completion of the airport land use
evidence in the record that the proposed action inconsistent compatibility plan, which has not proceeded to final
with the purposes of this article stated in Section 21670. judgment,shall be held in abeyance until June 30, 1991. If
(3)Rescinds the action. the commission or other designated body adopts an airport
(4) Amends its action to snake it consistent with the land use compatibility plan on or before June 30, 1991,the
purposes of this article stated in Section 21670,and complies action shall be dismissed. If the commission or other
with either paragraph(1)or(2),whichever is applicable. designated body does not adopt an airport land use
(c) The court shall not issue an injunction pursuant to compatibility plan on or before June 30, 1991,the plaintiff
subdivision (b) if the local agency that took the action or plaintiffs may proceed with the action.
demonstrates that the general plan and any applicable (d)An action to postpone the effective date of a zoning
specific plan of the agency accomplishes the purposes of change,a zoning variance,the issuance of a permit,or the
an airport land use compatibility plan as provided in Section adoption of a regulation by local agency,directly affecting
21675. the use of land within one mile of the boundary of a public
(d)An action brought pursuant to subdivision(a)shall airport for which an airport land use compatibility plan has
be commenced within 30 days of the decision or within the not been adopted by June 30, 1991, shall be commenced
appropriate time periods set by Section 21167 of the Public within 30 days of June 30, 1991,or within 30 days of the
Resources Code,whichever is longer, decision by the local agency,or within the appropriate time
(e) If the governing body of the local agency adopts a . periods set by Section 21167 of the Public Resources Code,
resolution pursuant to subdivision (b) with respect-to a whichever date is later.
publicly owned airport that the local agency does not operate, (Added by Slats.1989,Ch 306;Amended by Stats.2002,
the operator of the airport shall be immune from liability Ch.438.)
for damages to property or personal injury from the local
agency's decision to proceed with the zoning change,zoning
variance,permit,or regulation.
(f)As used in this section,"interested party"means any PUBLIC RESOURCES CODE
owner of land within two miles of the boundary of the airport EXCERPTS
or any organization with a demonstrated interest in airport
safety and efficiency.
. (Added by Stats. 1987, Ch 1018, Amended by Slats.
2002, Ch 438.) ALQUIST PRIOLO EARTHQUAKE
216795ZONING ACT. Litigation moratorium Chapter 7.5 Earthquake Fault Zoning
(a)Until June 30, 1991, no action pursuant to Section
21679 to postpone the effective date of a zoning change,a
zoning variance,the issuance of a permit; or the adoption 2621.Tide
of a regulation by a local agency,directly affecting the use This chapter shall be known,and may be cited, as the
of land within one mile of the boundary of a public airport, Alquist-Priolo Earthquake Fault Zoning Act
shall be commenced in any county in which the commission (Added by Stats. 1972, Ch, 1354; Amended by Stats.
or other designated body has not adopted an airport land 1975, Ch 61;Amend by Stats. 1993, Ch. 197.)
use compatibility plan, but is making substantial progress
toward the completion of the airport land use compatibility 26215. Purpose statement
plan. 0 (a) It is the purpose of this chapter to provide for the
(b) If a commission has been prevented from adopting adoption and administration of zoning laws, ordinances,
the airport land use compatibility plan by June 30, 1991,or rules, and regulations by cities -and counties in
if the adopted airport land use compatibility plan could not implementation of the general plan that is in effect in any
become effective, because of a lawsuit involving the city or county. The Legislature declares that this chapter is
adoption of the airport land use compatibility plan,the June intended to provide policies and criteria to assist cities,
30,1991,date in subdivision (a) shall be extended by the counties, and state agencies in the exercise of their
period of time during which the lawsuit was pending in a responsibility to prohibit the location of developments and
court of competent jurisdiction. structures for human occupancy across the trace of active
2004 Planning,Zoning,and Development Laws • 321
c��
Attachment 2
city of san LUIS OBlspo
Draft Airport Compatible Open Space Plan
Prepared by�,the City of San Luis Obispo
Community Development Department
February 2005
,At'tdc;*,Mme r,,t 2
Table of Contents
Introduction ..........................................................................................................................3
Purposeand Intent...............................................................................................................3
Whatis an ACOS..................................................................................................................3
BrughelliRanch Easement..................................................................................................4
LagunaLake Park.................................................................................................................6
DalidioOpen Space..............................................................................................................a
OrcuttArea.......................................................................................................................... 10
MargaritaArea .................................................................................................................... 12
AirportArea Reserve#1..................................................................................................... 14
AirportArea Reserve#2..................................................................................................... 16
ACOSAction Plan .............................................................................................................. 1a
Figures
BrughelliRanch Reserve.........................................................................................•............ 5
LagunaLake Park Reserve................................................................................. ................. 7
Dalidio Open Space Reserve................................................................................................ 9
OrcuttArea Reserve............................................................................................................11
MargaritaArea Reserve.................:....................................................................................13
AirportArea Reserve #1......................................................................................................15
AirportArea Reserve #2......................................................:...............................................17
DraftACOS Overview Map..................................................................................................19
Appendices
Appendix A: Draft Memorandum of Understanding.........................................................20
Appendix B: Draft Conservation Easement.... .................................................................21
Appendix C: Draft.Special Considerations Zoning Ordinance........................................22
Hnaci-I ment 2
city of san Luis osispo ORAft aiupoat L .ipatmle open space plan
Introduction
On July 21, 2004, the Airport Land Use Commission (ALUC) voted to amend the SLO County
Regional Airport Land Use Plan (ALUP). The amendments to the plan are comprehensive and
were intended to address concerns expressed by the City of San Luis Obispo, and by the
development community in general, that amendments to the Airport Land Use Plan adopted in
2002 were too restrictive. The 2002 amendments included rigid standards for residential and
non-residential density that were inconsistent with the City's General Plan goals for housing
production and job creation.
In order to address this situation the new amendment to the ALUP provide the ability for density
adjustments, which allow for increased development potential within each of the Aviation Safety
Areas defined in the Plan. Such adjustments are available if advanced levels of planning
analysis are performed. This Airport Compatible Open Space (ACOS) plan has been prepared
to achieve density adjustments, as provided for in Table 10 of the ALUP. This Plan was
prepared consistent with the ACOS requirements contained in Sections 4.4.6.2 and 4.4.6.4 of
the ALUP. Each open space area meets the definition of Reserve Space provided in Table 8
and Section 4.4.2.3 of the ALUP.
Purpose and Intent
The purpose of this Draft Airport Compatible Open Space plan (ACOS) is to evaluate the City's
extensive open space resources under the standards provided in the ALUP for reserve space.
The plan describes each of the ACOS areas shown on the Overview Map (Appendix A) and
includes details about their location, size, current use, reserve space suitability and constraints.
The ACOS also includes an action plan with milestones indicating the process and timeframe
for implementation. If the draft ACOS is supported in concept by the City Council and Airport
Land Use Commission, a final version will be presented to the ALUC. If the ALUC approves the
final ACOS, it is intended that density adjustments would immediately go into effect for the
entire Airport Land Use Plan area that lies within the City limits and expansion areas.
What is Airport Compatible Open Space?
Airport Compatible Open Space, also referred to as Reserve Space, improves airport safety by
allowing for more intense development of urban areas, while keeping certain land adjacent to
the airport free and clear from obstruction or from buildings and uses where people congregate.
The areas identified as Reserve Space in this plan include land that is close to the airport, in-
line with the main airport runway, or along an over-flight area where aircraft typically operate at
lower altitudes. Each of the areas identified serve multiple open space functions, including
recreation, scenic vista preservation, agricultural preservation, greenbelt preservation and
drainage functions. Identification of these areas in this ACOS plan simply adds airport safety to
the list of reasons why these lands should not be developed. Each open space area map
outlines the proposed reserve space, and indicates two areas within the reserve space that
comply with progressively restrictive standards. Reserve Area B is a 1000' x 60' area that
includes no streets, parking lots, fences, light poles, trees or fixed athletic equipment. Reserve
Area C is 800' x 30' area that further prohibits staked crops and headstones. The identification
of these areas on these maps simply illustrates the ability of each reserve space to meet the
minimum requirements, but does not require that these areas be identified in any particular way
on the ground. The written description provided in the ACOS plan for each reserve space area
describes the site, current ownership and development status, implementation opportunities and
constraints, and provides a conclusion. This is a plan that is intended to be implemented over
time in order to insure the ongoing safety of airport operations as the urban area is developed to
greater and greater intensity, consistent with the City of San Luis Obispo's General Plan.
3 p
10
Attac�j ment 2
crty of san Luis osispo 0uaft aiupout L _.tpatmt:e open space plan
Brughelli Ranch Easement
Site Description
Location and Size
The Brughelli Ranch is located south of Buckley Road, immediately southwest of the airport.
The portion of the ranch identified as reserve space includes approximately 100 acres of open
space and agricultural land.
Natural Features
The reserve space is predominantly characterized by flat, agricultural land. Tank Farm Creek
bisects the reserve space, but does not encroach on either of the more restrictive reserve areas
identified on the map.
Current Use
Portions of the property north of East Branch SLO Creek are actively cultivated. South of the
creek is natural open space land.
Relationship to ALUP Safety Policies
The Brughelli Ranch is located in both the S-1 b and the S-2 Aviation Safety Areas. Proposed
restrictive reserve space areas are located north of the creek and entirely within the S-1 b safety
area.
Current Ownership and Development Status
The property is owned by the Brughelli family and cultivated portions are leased to other area
farmers. Development on the property is limited to farm houses and accessory buildings.
Within the reserve area there is no physical development of any kind.
Implementation
Opportunities
The Brughelli Ranch is currently contracted for agricultural use under the Williamson Act. This
guarantees that the land will not be developed for any other purpose during the life of the
contract. If the property owner chooses to opt out of the contract, conversion of the land could
occur only after a 10-year waiting period. In addition to Williamson Act restrictions, the City of
San Luis Obispo is currently pursuing a conservation easement over the land, consistent with
the City's Greenbelt policies, that would completely eliminate the possibility of urban
development.
Constraints
There is a possibility that future agricultural operations on the property, such as grape vines or
pea stakes, would not be compatible with ACOS requirements.
Conclusion
The Brughelli reserve space presently meets ACOS requirements. Because the City is pursuing
a conservation easement over the land for open space purposes, the site is likely to continue to
be compatible with airport operations for the foreseeable future. Additional restrictions to insure
that agricultural operations remain compatible with the ACOS designation may be necessary.
4 �j
Aftachment 2
city of san Luis osispo anaft aiupout. ,ipatmte open space plan
city of san WES ®Buse®
Airport comp atibpe ®paean Space
BirugheppB Ranh Easement
f
t
1M14y ,
! ti
I
t I
l
Legend
®Urban Reserve Line
cmc=ca ALUP Boundary
Reserve Space
Hilsides.slopes
Reserve Space Requirements
Reserve Area B 0000 A.a 60 ft)
Streets,roads,highways,parking lots,
- --`—"'rghtsoLway,vehicles,fenras,light poles,trees,
and fired athletic equiproerd prohibited.
Reserve Area C @M e 30) 0 100 200 400 600
Streets mads.highways,parking lots. mwm===zmmmmn=== Feet
rig hWoNmy,vehicles,fences,light poles,bollard lights,
trees,find athletic equipment,orbs,guders,planing areas,
slaked crops or plantings,and headstones prohibited.
5
c72,62Z)
AttacP;ment 2
city of San lws OBlspo 0uaft aiRpout# .ipatiBW open space plan
Laguna Lake Park
Site Description
Location and Size
The Laguna Lake Park reserve space is located approximately 2.75 miles northwest of the
airport, in line with Runway 11 and Runway 29. The property includes over 300 acres of open
space, parkland and lake, with 23 acres identified as Reserve Space.
Natural Features
The reserve space is characterized by flat, low level grass land. The reserve space is bordered
by the lake to the west and hillsides with steep slopes to the east There are some wetland
areas within the reserve space and some areas used for tar plant relocation and rehabilitation, a
mitigation requirement for certain development projects adjacent to the Irish Hills.
Current Use
The area identified as reserve space is primarily enjoyed from afar as one of the City's primary
open space resources. A portion of the trail system goes through the reserve space, but there
is otherwise no active use of the identified areas.
Relationship to ALUP Safety Policies
The Laguna Lake reserve space is mostly located outside of the Airport Land Use Plan area,
although a portion of the reserve space is within the S-2 Aviation Safety Area. Still, because of
the many flight paths over the park, this site represents valuable Airport Compatible Open
Space.
Current Ownership and Development Status
The park is owned by the City of San Luis Obispo. The area identified for reserve space is
zoned Conservation/Open Space, which does not allow for significant physical development.
The long term use for this area, as identified in the Laguna Lake Master Plan, is open space.
Implementation
Opportunities
The property is owned by the City and the long term plan for the site is to keep it undeveloped in
open space. No physical improvements are necessary in order to make the site comply with ay
of the reserve space requirements.
Constraints
Transmission lines and towers as well as steep hillsides flank the site to the east. The lake
flanks the site to the west, however, the corridor created by these features is not overly narrow
(approximately .2 miles).
Conclusion
The Laguna Lake Park reserve space appears to be an ideal area to identify as Airport
Compatible Open Space, without compromising the City's long term plans for park development
and expansion.
6
a��
AItacriment 2
My of san Luis osispo aaaft ampout. .npatisle open space plan
city of sen lues oimspo
Airport Compatible Open Space
Laguna Lake
U
Q\
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jyZa'�I72S222S1W
ysy aJ?aA
V }
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\ Y <
y - C
Legend
Urban Reserve Line
carte ALUP Boundary
Reserve Space
Hillsides,slopes
Reserve Space Requiremerks
Reserve Area B(1000 h a 60 ft)
Streets,roads,highways.parking lots,
rights-of-way,vehicles,fences,tight poles,trees,
and find athlobc equipment prohibited.
Reserve Area C(WO a 30) 0 200 400 640 800
Streets roads,highways,parking lots, Feet
rights-of-way,vehicles,fences,tight poles,bola rd lights,
trees,fixed athletic equipment,curbs,gutters,planfing areas,
staked crops or planbngs,and headstones prohibited
7
i
crty of san Luis osispo arzaft amporzt. .npatisle open spats plan
Dalidio Open Space
Site Description
Location and Size
The property is location 1.9 miles northwest of the airport under a major flight corridor. The total
size of the open space area shown on the General Plan Land Use Map is 93.8 acres. The
reserve space identified in the ACOS includes 52 acres.
Natural Features
The Dalidio reserve space is flat agricultural land that is actively cultivated and irrigated. The
northwest border of the reserve area is defined by Prefumo Creek. A stand of tall eucalyptus
trees lines the creek in this area.
Current Use
This cultivated agricultural land is intended to remain as open space, as indicated by Land Use
Element Policy 8.8 and the Land Use Element Map.
Relationship to ALUP Safety Policies
The Dalidio reserve area lies within Aviation Safety Area.S-1 b.
Current Ownership and Development Status
The majority of the reserve area is currently owned by the Dalidio family and managed by Ernie
Dalidio. The area includes portions of the Madonna gap property and the McBride property that
are designated on the City's General Plan as permanent open space, therefore no future
development within this area is anticipated.
Implementation
Opportunities
50%of each of the three ownerships that make up this reserve area are designated for
development. The Marketplace Project was approved by the City Council in 2004. The
approval is currently subject to referendum, with a vote scheduled for a special election in April
2005. If the approval stands, a major portion of the reserve area would be annexed to the City
to implement policies that call for open space protection. The City is currently reviewing a
development proposal for the McBride property, which would also involve annexation and open
space zoning for a portion of the site if the project is approved.
Constraints
If no annexations or development occurs on the portions of the overall properties designated for
development, the property would remain in agricultural use but the City would have no control
over development of agricultural facilities that could conflict with reserve space requirements.
Conclusion
Overall, this reserve space represents an excellent opportunity for developing and maintaining
Airport Compatible Open Space. If development does not occur as expected, the land would
still be reserved for agricultural uses under the County zoning ordinance.
8
a-�
city of san tuts oBispo 6Raft aiupout. .npatiBle open space plan
my of sen luis ®cusp®
Aomcu,4 COM[ atobue Open SIPMee
7
J
a
Ai �� C� r f'lu .r . �� • v
41
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Legend
Urban Resewe Line
® ALUP9oundary
Reserve Space
I Hilhdes,slopes
Reserve Spme RegWrements
-- - Reserve Aree 8 0000 R xGD ft.)
Streets,roads,highways,parking lets,
rights-af-way,vehicles,fences,light poles,tma,
and find adJetc equipment prohibited. 0 200 400 600 800��
Reserve Pada C(800 a 30)
Streets mads,highways,parting Iota,
bees-of-way,vehicles.fames, urb poles,rs.pla lights,
seers,fiordstat pl equipment,curbs,rmspr,planfing areas,
staked cops or plantings,and headstorres prohibited.
Attac{Iment 2
city of san Luis oaispo Ouaf t aiupoat. .npatmle open space plan
Orcutt Area
Site Description
Location and Size
The Orcutt Area reserve space is located parallel to the railroad right-of-way, approximately 1
mile north and east of the airport. The total reserve area includes 12 acres of land.
Natural Features
The reserve space is characterized by gently rolling grassland. A natural creek area, with
slightly steeper slopes at the banks and trees is located towards the southern end of the reserve
space, but not within the more restrictive reserve areas.
Current Use
The reserve space has historically been used as grazing land, though it is riot actively used for
any purpose at this time.
Relationship to ALUP Safety Policies
The Orcutt Area lies entirely within the S-2 Aviation Safety Area.
Current Ownership and Development Status
The property identified as reserve space is currently owned by Barbara Parsons, who is one of
the major land holders and potential developers within the Orcutt Area. The Orcutt Area
Specific Plan, which is intended to also serve as a Detailed Area Plan, identifies this area to be
used as a detention basin. Because of its proximity to the railroad.tracks, the site will not be
developed with buildings or other active uses. Ultimately the site will be owned and managed
by a Homeowner's Association.
Implementation
Opportunities
The City is currently in the process of preparing a Specific Plan for the Orcutt Area. This
provides an opportunity for coordination with the Airport Land Use Commission. The location of
the reserve space is unsuitable for development. The land is designated as rural residential in
the County, and development of this portion of the property prior to annexation is not practical or
likely.
Constraints
This area will serve as a detention basin and must be engineered to accommodate storm flows
for that purpose. Engineers tasked with developing the design for the basin will also have to
consider the reserve space requirements included in the ALUP.
Conclusion
The Orcutt Area is a major residential expansion area for the City of San Luis Obispo and has
less development potential as County land. As a result, annexation and development is likely
and will be controlled by the Orcutt Area Specific Plan, which will be development in
consultation with the Airport Land Use Commission.
10
AjachMer
city of san lues os)spo bRaft ampoat. ..npatisle open space plan
city of sen lois ®sispo
Airport CompaatibUe Open pace
Orcaatt Area
3-1{ . `
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�; - +�,' �� � v - z�.��-�� �.� .nom .-.: ,k. >µ t}}! i K'�,`•
Legend
Urban Reserve Line
*- PLUP Boundary
Reserve Space
Hillsides,slopes
Reserve Space Regidrements
"—_ Reserve Area B(100o fl x6a R)
Since,roads,highways,parking lots,
"—'-' dgms-o%way,vehicles,forces,light poles,trees,
and find athletic equipment prehibrted.
OReserve Area C(Boo x 3M 0 200 400 600 800
-Sreets roads,highways.parking lets. Feet
dghts-oi-way,vehicles,fences,fight poles,bollard lights,
Uses.find athletic eglupmem,curbs,gutters,planting areas,
staked crops or plantings,and headstones prohibited.
11
02
Attachment 2
crty of san tuts osispo Orzart ampom L Apatmle open space plan
Margarita Area
Site Description
Location and Size
The Margarita Area reserve space is located just north of the planned alignment for Prado Road
and south and west of the South Street Hills. The size of the reserve space is contiguous with
Airport Area reserve space 1, and includes a total of 110 acres.
Natural Features
The land surrounding the Margarita reserve area is mostly flat and has historically been used for
grazing. There are no waterways or significant trees in this area.
Current Use
The land is currently used for grazing and equestrian activities by the property owners.
Relationship to ALUP Safety Policies
The Margarita portion of this reserve space is entirely within the S-1 c Aviation Safety Area.
Current Ownership and Development Status
The property is currently owned by Roy Garcia. The site is identified in the Margarita Area
Specific Plan and Section 6 of the Airport Land Use Plan as Airport Compatible Open Space.
Figure 11 of the Airport Land Use Plan designates this site as Other Open Space. The area is
designated Open Space in the Margarita Specific Plan and on the Land Use Element Map.
Implementation
Opportunities
The Margarita Specific Plan has been adopted by the City and annexation of the Garcia
property and implementation of Specidic Plan policies is likely.
Constraints
The Specific Plan does not specify dedication requirements for this open space land. If
ownership of this land is retained by the Garcia family for personal use, such as for equestrian
activities, it would be hard to guarantee compliance with all of the restrictions associated with
Airport Compatible Open Space, although the open and undeveloped nature of the property
would not change.
Conclusion
The City and the Airport Land Use Commission coordinated the development of the Margarita
Area Specific Plan with the current Airport Land Use Plan and this site has always been
designated as open space.
12
d-;-7
Attac,'l,(I^M 2
city of san lues osispo - 6Rgt airzpoRt, .npatiBle open space plan
city of san Luis 0131spo
Airport Compatible Open Space
Margarita Area
• r-
C
0
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G �� �^
L
"S4
d
ti
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Legend
Urban Reserve Line
meccn1 ALUP Boundary
Reserve Spam
Hillsides.dopes
Reserve Space RegWremnas
Reserve Area B 0000 ft x60 ft)
Sheets,roads,highways,parking lots,
'—dghts•of-way,vehicles,krices,fght poles,trees.
and find athletic equipment pmhibited.
Reserve Ana C(SM.30) 0 200 400 Boo 800
L.IIJ Streets roads.highways,parking lots,
dghlaoHvay,vehicles,fences,sighs poles.bollard fights,
trees,fixed athletic aqu proem,curbs,guben,planting areas,
staked crops or plantings,and headstones prohibited.
13
Attachment 2
city of san Luis osispo - 02aft ampoutapatmLe open space plan
Airport Area Reserve #1
Site Description
Location and Size
The Airport Area reserve space is located in the former Unocal tank farm, is contiguous to the
Margarita Area reserve space, and includes a total of 110 acres.
Natural Features
This area is characterized by marshy grasslands,with mild slopes and berms surrounding the
former tanks that used to occupy the site.
Current Use
The land is currently leased for grazing.
Relationship to ALUP Safety Policies
The reserve space is located partially within the Runway Protection Zone and partially within
Aviation Safety Area S-1 a.
Current Ownership and Development Status ,
The property is presently owned by Unocal and includes some areas of contamination, which
may or may not have to be remediated. The property is designated as Open Space in the draft
Airport Area Specific Plan and on the Land Use Element Map. The wetland areas within and
surrounding the reserve space are considered of high-biological value and no development of
this site is anticipated or likely. Depending on remediation requirements, changes to land forms
may provide opportunities for active and/or passive recreational uses.
Implementation
Opportunities
The Airport Area Specific Plan identifies this site as Open Space and the biological value of the
surrounding wetlands serves to protect the site from development pressure. Modifications to
land forms that may desired by Airport operators to implement Airport Compatible Open
Space requirements could serve a dual function of enhancing the habitat area.
Constraints-
Existing
onstraintsExisting land forms may not be consistent with the more restrictive reserve space requirements.
Modifications to the land forms would require the operators of the Airport to negotiate directly
with the property owners. Soil contamination and biological value may limit the ability to modify
the existing mounds.
Conclusion
The Airport Area Reserve Space #1 may be one of the most valuable sites offered in this ACOS
because it includes land within the Runway Protection Zone and is in line with the most frequent
Runway 29 departures. Opportunities to modify land form changes to improve airport safety
should also serve to enhance the habitat and biological value of the site.
14
aa�
city of san lues osispo ORaft aiRpoizt, npatiBte ov&*k- ant 2
city of san lues omspo
Airport Compatible Open Space
Airport Area 1
CXI
o:
!"i.f' .. INS,.,✓' y ^.�..� �� • .
_ ,�G ?=� _��.�'4o�"Y• ,J� -. o� -7) _ .
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r ]�
i' Vii.• w._ _ �'.,�,y ..j•.
Al
Ori ���
•q, w 4,y'hs tit Li F
Legend
Urban Resew Line
=a= ALUP Boundary
Reserve Space
Hillsides.slopes
Reserve Space Requirements
E Receive Area B(1000 R.v W RJ
Streets,roads,high"ys,paddng las,
rightaaFmy vehicles,fences,light poles,trees,
and lead ahMic equ0mare prohibited.
Reseee Area c @M s 311) 0 100 200 400 600 Feet
<• Rreals Mads,highways.parking lam,
rights,ofavay,vehicles,fences,light poles,bollard lights,
Uses.fired aihmbc equipirend.orbs,giaers,planing areas,
caked crops or planings,and headstones prohibead.
15
� 30
city of san lues osispo Nzaft ampoin npatisle open space plan
Airport Area Reserve #2
Site Description
Location and Size
The second reserve space within the City's Airport Area is located south of Tank Farm Road,
due west of the Airport within the former Unocal tank farm. This is the largest reserve area
proposed in the ACOS plan at 183 acres. The orientation of the restricted reserve space areas
appears to follow certain flight paths (ALUP, Figure 10), although it was chosen more with
respect to topography and the ability of this space to meet the most restrictive ACOS
requirements.
Natural Features
The site is located within the former Unocal tank farm, which is an area identified in the Airport
Area Specific Plan as having significant biological value. The site is relatively flat, although
berms associated with the former tank site are significant,and contribute to localized wetland
features. Features include creeks, riparian woodlands,.valley needlegrass habitat, seasonal
meadows and freshwater marsh land.
Current Use
Although a portion of the property is leased for grazing, there.are no significant ongoing uses on
this open space land.
Relationship to ALUP Safety Policies
The site includes portions of the RPZ, S-1 a, S-1 b, and S-1 c Aviation Safety Areas.
Current Ownership and Development Status
The property is owned by'Unocal and designated as open space on the City's Land Use
Element Map and in the Airport Area Specific Plan. Discussions with Unocal regarding potential
uses for the property are ongoing.
Implementation
Opportunities
The property is all owned by a single owner, Unocal. Unocal land holdings in the area are
extensive and it is understood that development of other portions of the former tank farm would
preclude development of this site. This is desirable because of the sites relationship to the
airport and its biological value.
Constraints
Preferred orientations and locations for the more restrictive reserve space areas may not be
feasible to develop because of existing natural features of high biological value and because of
the substantial size of berms from the form tank farm. Property owners may be hesitant to allow
further restrictions on the use of the land.
Conclusion
Although constraints exist, the size of the proposed reserve area would be a major asset to
airport operations.
16
a-3�
Attachment z
city of san Luis osispo bRaft aiupoat apauBle open space ptan
My of san lugs oBispo
Airport Compatible Open Space
Airport Area 2
4F
Ai
If
Y Ki� � f,' k ar _•��,;3 �� a. 'rte'
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Legend
Urban Resana Line
'==Col ALU7Roundary
Rosewe Space
Hillsides,slopes
Reserve Space RegWremerts
E-7]Reserve Area B 0000 it x fi0 fL)
greets,roads,highways,parking lots,
rights-of-way,vehicles,fences,light pales,troes,
and fixed athletic equipment prohibited.
Reserve Area C M x A 0 200 400 800 800 ,1P,
greets mads,highways,parking lots, Feet V
righte-af.ay,vehicles,fences,light poles,bollard lights,
Voss.filed athletic equipment,curbs,gutters,planting areas,
staked crops at plantings,and headstones prohihbed.
17
02-3 Z
Attar
city of san lues oaispo arzaft ampout, ipatiste open spaCI-IM&nt2
ACOS Action Plan
Introduction
The following action plan is intended to describe the implementation mechanisms that will allow
each identified ACOS area to be brought into compliance with the reserve space requirements
of the Airport Land Use Plan.
General Plan Amendments
The City of San Luis Obispo shall adopt amendments to the Land Use Element of the General
Plan to include specific policy language in support of implementing this Airport Compatible Open
Space plan.
Detailed Area Plans
The City of San Luis Obispo shall consult with the Airport Land Use Commission prior to
finalization of the Airport Area Specific Plan and Orcutt Area Specific Plan to insure that both
specific plans meet the requirements necessary to qualify as Detailed Area Plans as defined in
the ALUP.
City Ownership
The City of San Luis Obispo shall pursue ownership, through property owner dedication, for
each area defined as reserve space in this ACOS plan. For the properties that the City does
own, the City will consider entering into Memorandums of Understanding with the Airport Land
Use Commission to guarantee the long term preservation of the land, consistent with the
reserve space requirements of the ALUP.
Conservation Easements
Where ownership is not feasible or desirable, the City shall pursue conservation easements to
insure long term preservation of open space land, consistent with the reserve space
requirements of the Airport Land Use Plan.
Zoning Restrictions
Where both ownership and conservation easements are not feasible, the City will pursue S zone
(Special Considerations) rezoning for properties shown in this ACOS to insure that ALUP
requirements for reserve space are.achieved.
County Coordination
The City will work with the County of San Luis Obispo to coordinate the review of development
for land shown in this ACOS plan that is not annexed to the City. In exchange for cooperation in
the development review process, density adjustments should be made available to property
outside of the City's jurisdiction, to the approval of the Airport Land Use Commission.
Timing
The City of San Luis Obispo should fully implement this ACOS plan within fifteen years of its
approval, and make sufficient progress each year to insure this requirement is met.
Reporting
One time each year, the City of San Luis Obispo will provide the ALUC with an implementation
report on the status of the ACOS and implementation of this Action Plan.
18
-33
crty of san Luis osispo Onaft ampout npamte open spacEm p'aPt Z
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19
02�3�
Attachment 3
Section 2: Scope _-. _ _ ._ e:. _. _ page 7
b. the proposed local action shall contain provisions sufficient to ensure that no developement
other than that the exact project referred to and considered by the ALUC may be established
within the referral area.
The provisions of this section may not be applied by local agencies to the processing of any development
application unless the proposed project has been formally referred to the ALUC for review and a
determination of consistency has been rendered. The decision as to whether or not the provisions of this
section are applicable to any project or local action shall be at the sole discretion of the ALUC, and the
assertion that the provisions of this section should or should not apply shall not constitute grounds for
appeal of a determination rendered by the ALUC nor findings for overruling such determination. No
determination of consistency or inconsistency made under this section, por any portion of the
Commission's deliberations or-findings associated with such determination, nor any portion of the staff
report or other documentation associated with such determination shall constitute a precedent or be
given any consideration with respect to the Commission's review of any other referral.
2.8 LIMITATIONS OF THE ALUP
2.8.1 Existing Land Use
The ALUP applies only to new development within the Planning Area, and the ALUC has no authority
over existing land use, whether or not such uses are compatible with the ALUP.
�! A land use is considered to be "existing" when one of the following conditions is met:
a vesting tentative map has been approved and all discretionary approvals have been obtained;
�.I substantial construction investments by the landowner make it infeasible for the property to be
used for anything other than its proposed use; or,
the land use physically exists.
Existing land uses that are incompatible with the ALUP's Land Use Compatibility Policies will be considered
'non-conforming"uses and will be allowed to remain, but shall not expand more than 10%beyond the
permitted project size at the time of the adoption of this amendment. No increase in the number of
residential units for existing residential development will be allowed. If.a non-conforming use is either
abandoned or substantially destroyed(as defined by Chapter 22.09 of the San Luis Obispo County Land
�I Use Ordinance or by the City of San Luis Obispo Municipal Code/Zoning Regulation Chapters 17.10 and
17.14), the Airport Land Use Commission must review the specific situation and determine whether
continuation of the use would be consistent or inconsistent with the Airport Land Use Plan. If an owner
�. wishes to retain an abandoned or retained use, the planning agency or governing body must first
determine that, in the particular case, the private benefit is more important than the public objectives
of the Airport Land Use Plan and the Airport Land Use Commission must determine that such use is
compatible with airport operations.
The limitation on ALUC authority over existing land uses is not applicable when redevelopment or land
II use conversion is proposed. The fact that the land area associated with the project is already occupied
by existing development either compatible or incompatible with the Airport becomes irrelevant when
that land use will be replaced by a new development or use.
JI
z -,u Airport Land.Use Plan for the San Luis Obispo County Regional Airport _i