Solano County

Airport Land Use Commission

AIRPORT/LAND USE COMPATIBILITY PLAN

RIO VISTA MINICIPAL AIRPORT

NEW RIO VISTA AIRPORT

May 1988 Function of the Plan 2 Authority and Requirements ...... 2 Solano County Airport Land Use Commission ...... 3 Scope of the Plan 3

General Approach ...... 5 Policies Regarding Scope of Review 6 Land Use Compatibility Policies " 12

Rio Vista Municipal Airport ...... " 17 New Rio Vista Airport ...... 31

Rio Vista lVlunicipal Airport ...... " ~ New Rio Vista Airport ...... 45

A - State Aeronautics Act -- Article 3.5, Airport Land Use Commission A-I B - Noise Compatibility Criteria ...... B-1 C - Excerpts from FAA Regulations, Part 77 ...... C-l D - Sample Proposal Implementing Density Standards ...... D-I E - Sample Overflight and Avigation Easements E-l F - Excerpt from Minutes, Rio Vista City Council, ...... F-I March 3, 1988

Rio Vista Municipal Airport ...... 16a New Rio Vista Airport ., ...... 16b INTRODUCTION This document sets forth the criteria which the Solano County Airport Land Use Commission will use in evaluating land use plans and proposed development in the vicinity of the two public- use airports located in Rio Vista:

A separate document contains similar criteria applicable to the existing and proposed airports located in Vacaville.

It is the purpose of the Commission's review to assure that future actions involving land uses in the environs of these airports take into account the need for compatibility with airport activities. The Commission has no authority over existing land uses even if such uses are considered incompatible with airport activity. Also, the Commission has no authority over the operation of any airport.

The statutory authority for the establishment of airport land use commissions is provided in the California Public Utilities Code, Sections 21670 et seq. (Chapter 4, Article 3.5 of the State Aeronautics Act). Every county in which there is located an airport "operated for the general benefit of the public" is required (with limited exceptions) to have an airport land use commission.

The purpose of the article and the reason for the creation of the commissions is expressly stated as being:

... to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.

Among the required duties of each commission is to formulate a comprehensive land use plan intended to achieve the above purpose. The plan must address each public airport within the commission's jurisdiction and its time frame must be long range. It may include height restrictions, specify land uses, and determine building standards.

Under provisions of the law added in 1982, either local general plans and specific plans must be made consistent with the airport land use commission plan or the governing body of the local jurisdiction must take specific steps to override the commission. In order to override a city council or board of supervisors must make specific fmdings that the proposed action is consistent with the purposes of the article and must approve the override by a two thirds vote. Once consistency has been achieved or an override has been approved, individual land use development projects need no longer be reviewed by the commission unless the commission and the local jurisdiction agree that such review be continued.

The Solano County Airport Land Use Commission was established in 1971 by Solano County Board of Supervisors Ordinance No. 781 under provisions of the state aeronautics law which at the time allowed, but did not require, a commission in counties served by public airports not having scheduled service. The members of the commission also serve as the Solano County Aviation Advisory Committee.

Historically, the concern of the Solano County ALUC has primarily been the Nut Tree Airport, although land use issues regarding the existing and proposed Rio Vista airports have occasionally been addressed. The Nut Tree Airport Master Plan was utilized by the commission as the airport land use compatibility plan. That compatibility plan is superseded by the present document. No other comprehensive plans or policies have previously been adopted by the commission.

The scope of the land use actions which are subject to Solano County Airport Land Use Commission review can be defmed in terms of:

o The extent of the geographic area around each airport which is of concern to the commission;

Policies addressing each of these topics are contained in Chapter 2 of this document together with the set of compatibility criteria used by the commission when reviewing projects.

Chapter 3 presents background information regarding the Rio Vista Municipal Airport and the proposed New Rio Vista Airport and the land uses which surround them.

Chapter 4 examines the extent to which local general plans are consistent or inconsistent with the policies set forth in this compatibility plan. POLICIES The approach to airport/land use compatibility planning taken by this plan is somewhat unconventional compared to that adopted by most other airport land use commissions in the state. This different approach stems from a combination of four factors which is perhaps unique to Solano County:

o Recent changes in California law governing airport land use commissions which now emphasize compatibility planning on a broad, general plan scale rather than at the individual project level.

o The lack of a countywide compatibility plan prepared prior to the changes in the state law.

o The historically close working relationship between the Solano County Airport Land Use Commission and the jurisdictions which surround the county's airports: the County itself, the City of Vacaville, and the City of Rio Vista.

Perhaps the most unconventional aspect of this compatibility plan is that a composite set of Compatibility Criteria has been assembled which includes all of the traditional airport/land use compatibility concerns -- noise, safety, nuisance, and airspace protection. A Compatibility Map relating these criteria to the airport environs has been prepared for each airport. The intent is to simplify the review process by eliminating the need to consider several different compatibility tables and associated maps except in unusual cases. For those cases in which further understanding of the Compatibility Criteria may be necessary, supporting policies are provided.

Another difference is that the compatibility policies herein are designed primarily for review of relatively broad scale land use actions such as general plans, specific plans, policy plans, and large development projects. Because so much of the surrounding land uses are still compatible with the airports, much importance is attached to maintaining this compatibility. Recognition is given to the fact that there are pressures for development near the airports and that the ideal of nothing but open space cannot be preserved. It is believed, however, that extensive future land use development can occur with a high degree of airport compatibility especially when dealing with large scale blocks of land.

Despite the innovative nature of this plan, the compatibility policies presented are directly derived from well-established criteria. Among the specific sources utilized are: The Airport Land Use Commission's geographic area of concern encompasses all lands on which the uses could be negatively affected by current or future aircraft operations associated with one of the public-use airports in the County -- Nut Tree Airport, Vacaville Gliderport, Rio Vista Municipal Airport (existing), and New Rio Vista Airport (proposed) -- as well as those lands on which the uses could adversely affect the safety of aircraft flight around these airports. o The specific limits of the area of concern for each airport are depicted on the respective Compatibility Map for that airport. The Compatibility Maps accompanying this plan each consists of a series of Compatibility Zones overlaid on a local street and parcel map. The specific Compatibility Criteria applicable to each zone are dermed in the Compatibility Criteria Table on pages 10 and 11.

Also, with respect to the following two types of projects, the Commission's geographic area of concern encompasses all of Solano County.

Any proposal for construction or alteration of an object having a height which would require that notice be given to the Federal Aviation Administration in accordance with Part 77, Subpart B, of the Federal Aviation Regulations.

"Airport" is dermed as airport, heliport, seaplane base or any area designated as a take-off or landing area for any aircraft including airplanes, rotorcraft, gliders, airships, freeballoons, or ultralight aircraft public or private.

The commission is concerned only with the safety, and overflight impacts and airspace protection requirements of each airport. Other impacts sometimes created by airports (e.g. air pollutants, automobile traffic, etc.) are not topics of concern.

o The affected local jurisdiction shall refer the following types of projects involving land use within the Airport Land Use Commission's geographic area of concern to the Commission for review and action. Certain types of projects need be referred for review only if they lie within the more critical Compatibility zones. Any proposed residential subdivision or planned unit development consisting of 5 or more dwelling units within Compatibility Zones A, B, and C or consisting of 10 or more units within Zones D and E, and under the flight tracks within zone F.

Any proposed policy plan or other comparable plan for a nonresidential development or for a substantial modification to such a plan which has previously been approved.

As determined by the planning director of the local jurisdiction, any other proposed land use action (e.g. a proposed school site) involving a question of compatibility with airport activities.

As required by state aeronautics law, any proposal for a new airport or any modification to an airport master plan which would affect the location or magnitude of the airport's noise, safety, or overflight impacts or airspace protection requirements.

Any proposal requiring notification to the FAA under Federal Aviation Regulations Part 77, Subpart B, regardless of the location in the County. (See excerpts in Appendix C.)

Any proposed school within 10,000 feet of any point on any airport runway within the County.

o Projects shall be referred to the Commission at the earliest reasonable time so that the Commission's review can be duly considered by the local jurisdiction prior to formalizing its actions.

o It is not required that a project be referred for review at more than one stage of the planning process (e.g. for a general plan amendment and again for a zoning change pursuant to the general plan amendment) provided that sufficient information is included with the ftrst referral to assure that all applicable Compatibility Criteria will be satisfted. Within Zones A, B, and C, particular attention shall be paid to site layout.

The Commission may fmd a proposal consistent with the Airport/Land Use Compatibility Plan, fmd it consistent with conditions or fmd the proposal inconsistent with the Plan. The local jurisdiction must follow the procedures established in the state aeronautics law if it is to override the Commission's conditions or its determination of inconsistency. o The compatibility of land uses proposed for development in the vicinity of a public-use airport in the county shall be evaluated in terms of the Compatibility Criteria table and the individual airport Compatibility Maps which are part of this plan. o When evaluating a specific land use, the principal criteria are the maximum densities, required open land, and other development conditions listed. The indicated examples of normally acceptable and normally not acceptable uses are not complete lists; they are intended only for guidance. o Additional information regarding the criteria is indicated in the Supporting Policies which follow. The Commission may refer to these additional policies to clarify or supplement its review. o The Commission may interpret the boundaries of the Compatibility Zones, other than Zones A, B, and C, with a degree of flexibility. Adjustments may be appropriate based upon geographic features and parcel lines not reflected in the base maps. In adjusting the boundaries and thus modifying the Compatibility Criteria applied to a given project, the Commission shall endeavor to assure that an equivalent degree of compatibility will be maintained. o Where substantial development already exists, additional infIll development of similar land uses should be allowed to occur on parcels of 3.0 acres or less even if such land uses are to be prohibited elsewhere in the zone. This exception does not apply within Compatibility Zones A, B, and C. o Where an existing incompatible development on a parcel of 3.0 acres or less has been partially or fully destroyed, it should be allowed to be rebuilt to a density not exceeding that of the original construction. This exception does not apply within Compatibility Zones A & B. Sol~no County Airport Land Use Comrnis~ion AIRPORT/LAND USE COMPATIBILITY PLAN Compatibility Criteria Table (Revised May 1983)

MAXIMUM DENSITIES 2 RESIDENTIAL OTHER USES (people/acl Total In REQUIRED In and OUt of OPEN Structures Structures LAND

o Clear Zone or Primary o High risk Surface o High noise

o Inner Approach/Depar- o Substantial risk -- Low over- ture Zone flights along extended run- way centerline o High noise

C o Outer Approach/Depar- 0 Substantial noise 1 50 75 15\ ture Zone 0 Moderate risk - either: (11 - or - Routine overflight on instru- o Adjacent to Runway ment approach or below 400' AGL or (21 Few overflights, but close to runway edge

D o Extended Approach/ o Moderate risk - common traffic 4 100 150 10\ Departure ZOne pattern overflight below 800' AGL o Frequent noise instrusion

o Adjacent to Runway o Minor to significant or Final Approach sideline noise - o Limited risk

o OVerflights, limited risk under flight paths Solano County Airport Land Use Commission AIRPORT/LAND USE COMPATIBILITY PLAN Compatibility Criteria Table (Revised-May 1988)

NORMALLY ASCEPTABLE NORMALLY !tOT6ACCEPTABLE USES USES

o Any assemblage of people o No uses hazardous to flight' o Pastures, open space o Heavy poles, signs, o Any new structure which o Avigation easement o Parks with very low large trees, etc. exceeds FAR " height o 50ft. setback from exten~ed intensity uses lilllits runway centerline for all o Aircraft tiedowns o Any noise sensitive uses structures o Auto parking o Nurseries o OUtside storage

0 Any noise sensitive uses 0 Structures to be as far as o All uses from Zone A o Residential densities 0 Schools, libraries, hos- possible from extended run- o Parks with low intensity greater than 0.3 du/acre pitals, nursing homes way centerlane uses o Retail stores 0 Uses involving substan- 0 Minimum NLR of 25 dBA in o Warehouses tial amount of highly residential and office build- o Light Industrial uses flammable or explosive ings (one story maximum) materials 0 No uses hazardous to flight' o Heavy Industrial uses 0 Avigation easement

o Schools, libraries, hos- o Residential structures, o All uses from Zone B o Residential densities pitals, nursing homes especially mobile homes, to o Retail uses (one story greater than 1 du/acre o Noise sensitive outdoor have a minimum NLR of 20 dBA maxiJnum) o Multi-story retail activities o Clustering of development is o Office and Financial buildings encouraged uses (one story maximum) o Motels o No uses hazardous to flight' o Auto Dealerships o Avigation easement

o Noise sensitive outdoor 0 Clustering of development is 0 All uses from Zone C 0 Schooll', librarie!l, activities encouraged 0 Restaurants (one story hospitals, nursing 0 Residential structures, maximum) homes especially mobile homes, to o Retail uses (two story 0 Residential densities have a minimum NLR of 20 dBA maximum) greater than 4 du/acre 0 No uses hazardous to flight' 0 Office and Financial uses 0 Larqe shopping malls 0 Overflight easement (two story maximum) o Hotels (two story maximum) o Highly noise sensitive o Residential uses should have o Most non-residential o Residential densities outdoor activities, e.g. limited outdoor living area uses greater than 6 du/acre amphitheaters and should be oriented away from noise source; clustering is encouraged o No uses hazardous to flight' o Overflight easement

o None except overflight ease- o Large assemblages (e.g. ment dedication requirement auditoriums) and captive groups (e.g. schools, nursing homes) under flight tracks 1. The residential development should not contain more than the indicated number of dwelling units per gross acre. Units can be clustered to meet open land criteria. Maximum net density in any area should not exceed three times the acceptable gross density.

2. The use should generally not attract more than the indicated number of persons per net acre. These densities are intended as general planning guidelines to aid in determining the acceptability of proposed land uses. Jurisdictions may satisfy density standards through adoption of an implementing plan or ordinance which is determined by the Airport Land Use Commission to meet the standards. An example of such a proposal is shown in Appendix D.

3. The indicated percentage of gross area (total area in zone, including airport property except in Zone A) should remain free of structures and other major obstacles. To be considered open land the area must be sufficiently large an unobstructed to enable an aircraft to make an emergency landing with a high probability of no serious injuries to the occupants of the aircraft or major damage to structures on the ground. Substantial damage to the aircraft may occur. Spaces as small as approximately 100 feet by 300 feet or 75 feet by 400 feet are considered adequate, although larger areas are desirable. Roads and adjacent landscaping qualify if they are wide enough and not obstructed by large trees, signs. or poles. These areas should be oriented as closely as practical to the common direction of aircraft flight over the area. Jurisdictions may satisfy open space requirements through adoption of an open space plan. which is determined by the Airport Land Use Commission to meet the standards. Such plans must include a statement that no median trees will be planted within 150 feet of intersections on streets qualifying as open space requirements through adoption of an open space plan, which is determined by the Airport Land Use Commission to meet the standards. Such plans must include a statement that no median trees will be planted within 150 feet of intersections on streets qualifying as open space and that trees between 150 and 200 feet of the intersections will be shorter varieties.

4. Dedication of an overflight easement is required as a condition for all new development within all zones. See Over-flight policies for details. Also, height limit restrictions from FAR Part 77 Airspace Plans in Chapter 3 are applicable to structures and trees in all zones are around each airport, except that in transitional zones the sloping height restriction shall be 4:1 instead of 7:1. Structures planned to exceed the 7:1 limitation, however, must be reviewed by the FAA. Refer to Appendix C for excerpts of FAR Part 77 height regulations.

5. These uses typically can be designed to meet the density requirements and other development conditions listed.

6. These uses typically do not meet the density requirements and other development conditions listed. They should be allowed only if a major community objective is served by their location in this zone and no feasible alternative location exists.

8. NLR = Noise Level Reduction; i.e. the attenuation of sound level from outside to inside provided by the structure.

9. Under flight tracks captive groups should not exceed 100 persons/structure; large assemblages should not exceed 300 persons where grouped in close proxunity, i.e., theaters, auditoriums, conference facilities, etc. o The evaluation of airport/land use noise compatibility shall consider the future Community Noise Equivalent Level (CNEL) contours of each airport. These contours have been calculated based upon aircraft activity forecasts which are set forth in adopted airport master plans or which are considered by the Commission to be within the realm of possibility regardless of how far in the future.

o The general locations of the CNEL contours calculated for each airport have been taken into account in preparation of the Compatibility Criteria and Compatibility Maps. Because of the inherent imprecision in the calculation of noise contours (the variability of flight track positions being a major factor), it is not intended that the depicted locations be absolute determinants of the compatibility or incompatibility of a given land use.

o The maximum CNEL which shall be considered normally acceptable for residential areas in the vicinity of the Nut Tree Airport, the Rio Vista Municipal Airport (existing), and the New Rio Vista Airport (proposed) is 60 dBA. This criterion is set at a 55 CNEL for the Vacaville Gliderport consistent with lower activity levels at the airport. o Compatible noise levels for other types of land uses shall be consistent with the above residential area noise level criteria. Examples of such levels applicable to other land uses in the vicinity of any of the airports are presented in Appendix B. o The extent of outdoor activity associated with a particular land use is an important factor to be considered in evaluating its compatibility with airport noise. o Single-event noise levels shall also be considered in the evaluation of airport/land use noise compatibility. This is particularly important in areas which are often overflown by business jets or other noisy aircraft but which do not have high Community Noise Equivalent Levels (e.g., because prevailing winds cause most aircraft departures to go in a different direction). The primary concern would be the location of residential and other noise-sensitive uses under the straight-in approach/departure flight tracks.

o The intent of the airport/land use safety compatibility criteria is to minimize the risks associated with the operation of aircraft to and from an airport. The greater the predicted risk, the greater the control on land use development is required to be. o Risks both to people on the ground and to people on board the aircraft shall be considered. o Risks to people on the ground shall be minimized by limiting the number of people permitted to occupy a given area. Greater restrictions shall be placed upon the number of people permitted in a building than upon the number within an open area because of the greater difficulty of evacuating a building in the event of its involvement in an aircraft accident. Buildings in which the occupants have reduced effective mobility are a particular concern (schools, hospitals, and nursing homes, for example). o Risks to people on board aircraft shall be minimized by providing as much open land as possible within the vicinity of an airport to provide for emergency landings. This concept is based upon the fact that the large majority of aircraft accidents occurring away from an airport runway are controlled emergency landings in which the pilot has reasonable opportunity to select the landing site. Clustering of development is encouraged as a means of increasing the amount of open space.

o The criteria for protecting the airspace in the vicinity of airports in Solano County shall be set in accordance with Part 77, Subpart C, of the Federal Aviation Regulations (see Appendix C) and with the United States Standard for Terminal Instrument Procedures (TERPS). These federal standards determine the acceptable height of structures, trees, and other objects within the vicinity of airports. The Far Part 77 Airspace Plans for specific airports are depicted on pages 31 and 43. The TERPS height limitations will become applicable at an airport when an instrument approach has been designed for that airport. The precise configuration of the TERPS surfaces cannot be determined until that time, but Part 77 surfaces are expected to be the controlling restrictions in most areas. o Structures, trees and other objects in Zones A, B or C shall meet airport height limits. Structures, trees and other objects in other areas shall meet airport height limits unless it can be conclusively shown that the property cannot be reasonably utilized without violating the standards and that a lesser degree of violation cannot be reasonably achieved. o As a condition of approval for any development within Compatibility Zones A, B or C, a height limit easement which (1) restricts the height of structures, trees, and other objects and (2) permits access to the property for their removal or aeronautical marking shall be dedicated to the jurisdiction owning the airport (or, in the case of a private airport, to the jurisdiction controlling the land use). These easement rights are in addition to those noted with regard to Overflight. o Land uses which may produce hazards to aircraft in flight shall not be permitted in any zone. Specific characteristics to be avoided include: glare or distracting lights which could be mistaken for airport lights; sources of smoke; sources of electrical interference with aircraft communications or navigation; and bird attractors, especially landfills and certain agricultural uses. Restrictions on these characteristics shall be included as part of the aviation and overflight easements to be dedicated as a condition for approval of development. An aviation easement includes the height limit and flight hazard rights noted above plus the overflight rights listed below. An example of an aviation easement is included in Appendix E. o As a condition of approval of a proposed development within the vicinity of an airport, an overflight easement shall be dedicated to the jurisdiction owning the airport (or, in the case of a private airport, to the jurisdiction controlling the land use). Such easements shall permit the right of flight in the airspace above the property including the generation of noise associated with aircraft flight. These rights shall be in addition to any height limit easement required for airspace protection. o The overflight impact associated with airport activity results from a combination of often minor noise impacts coupled with an individual's concern that an aircraft accident could occur on his/her property. Overflight impacts primarily affect residential property and can be expected to occur randomly anywhere within the area frequently overflown by aircraft using an airport. Because of the extent of the area affected by overflight impacts, stringent land use controls are not practical. The most achievable control is to assure that prospective inhabitants of dwellings in the airport vicinity are informed in advance that the potential for overflight exists. o The Commission encourages local governments to establish a "buyer notification statement" as a requirement for the transfer of title of any property located within the Commission's geographic area of concern. This statement should indicate that the buyer is aware of the proximity of an airport, the characteristics of the airport's current and projected activity, and the likelihood of aircraft overflights of the affected property. o The Commission has no authority over existing residences or other existing land uses, therefore it cannot enforce a buyer notification program. It can, however, sponsor a mailing to local real estate agents requesting their cooperation in informing prospective buyers of homes near the airports and it can encourage local jurisdictions to establish a more comprehensive program.

o In accordance with the state aeronautics law requirement that airport land use commission plans be long range, the Compatibility Map for the existing Rio Vista Airport shall be based upon the indefInite continued operation of the airport. Once construction of the proposed new airport has begun, projects having land uses not compatible with the existing airport may be approved by the Commission with the condition that those projects shall not be occupied until the new airport is open and the existing airport is officially closed and its state airport permit terminated. o In consideration of action taken by the Rio Vista City Council on March 3, 1988 to prescribe future flight tracks to take effect when development incompatible with the present flight tracks occurs (See Appendix F), the Compatibility Map for the existing airport shall reflect the future flight tracks rather than the typical flight tracks presently flown by aircraft operating at the airport. This point especially refers to the practice of agricultural aircraft departing on Runway 25 to turn at low altitude shortly beyond the west end of the runway.

o The Compatibility Map for the proposed new airport is predicated upon the runway configuration and activity levels indicated in the current Airport Master Plan. Any changes to these conditions shall require review by the Commission. o The Compatibility Map for the proposed new airport is predicated upon approaches as specified in the current Airport Master Plan as modified by City Council action on March 3, 1988. That Council action signified the City's intention to restrict traffic patterns to the east side of the north-south runway and to the north side of the east-west runway. (See Appendix F). o The Compatibility Map for the proposed airport shall be effective immediately upon adoption of this plan. If, despite all current plans and intentions, progress toward development of the new airport is terminated and any land which may have been acquired for that purpose has been sold, then the Compatibility Criteria set forth in this plan shall no longer be in effect. , _~I, / ,..\f...... ' .. ~t , '\ /\ ",' I ' I \

RIO VISTA MUNICIPAL AIRPORT (existing) COMPATIBILITY MAP NEW RIO VISTA AIRPORT COMPATIBILITY MAP AIRPORT AND LAND USE DATA Rio Vista is a small -- population 3,400 as of January 1986 -- predominantly agricultural and river recreational town situated on the west bank of the Sacramento River in Solano County's southeastern comer. The historic city boundaries consist of an area about one-mile square straddling State Route 12. It is a relatively isolated community, the nearest other cities being some 20 miles distant via two-lane roads.

The Rio Vista Municipal Airport was established in 1953 to serve the aviation needs of the local community and the surrounding agricultural lands. It occupies an approximately 0.5-mile square tract of land situated on the northern edge of the city. Major improvements, including construction of a longer and wider primary runway, were completed in 1968. The airport's present configuration consists of two runways -- the east-west oriented primary runway, 3,060 feet long, and a shorter, narrower crosswind runway, aligned north-northwest-south-southeast. Some 52 aircraft are based at the airport as of early 1987 and nearly 45,000 annual operations are conducted.

Under present circumstances, few compatibility problems exist between the airport and the surrounding land uses. Traffic patterns have been located so as to avoid overflights of populated areas to the greatest extent possible. The proximity of the airport to the city, nonetheless creates a near future land use conflict which constrains the development of both the city and the airport.

The Rio Vista general plan projects the population to reach some 9,000 by 2005 with extensive area to be devoted to industrial uses. Because the Sacramento River and its flood plain lie to the east and the Montezuma Hills gas fields to the south, the city is best able to expand toward the north and west. The airport, which lies directly in the path of this potential expansion, is in turn limited by the encroaching urbanization. Runway extension and the possibility of establishing a precision approach are further restricted by major roads on two sides plus higher terrain to the west.

Most imminent of the potential new urban developments is the Los Ulpinos project, a 246.5 acre area planned for residential use adjacent to Highway 12 and immediately west of the airport. Planned ultimately to have as many as 1,600 homes, construction of the initial 100 to 200 houses could begin as early as 1988. With aircraft departures from the principal runway overflying this area at altitudes below 400 feet, the Los Ulpinos development would directly conflict with the airport.

These mutual constraints led the city to assess the prospects of relocating the airport to a site farther from town, outside the perimeter of planned ultimate urban development. The conclusion reached, as set forth in City Council Resolution No. 80-7, was that a new airport should be constructed and the existing airport closed and converted to urban uses. Although progress is being made on land acquisition and development of the new airport (see separate discussion in this document), the existing airport is expected to continue to serve the community until at least 1990. Most of the land use compatibility issues involving the existing Rio Vista airport arise because of its anticipated short-term status. Despite its planned closure, possibly as early as 1990, it will continue to be an operating airport in the meantime. These operations will cause the same types of impacts over the short term as they would if a longer period of use were intended. The question is whether it is reasonable to relax the compatibility standards to some degree in anticipation of the airport's closure. Noise and nuisance impacts in particular might be considered more tolerable if it were certain that they were temporary.

Part of the issue is that the timing of the airport's closure is not yet defInite. Although Rio Vista planning is predicated upon relocation of the airport in the near future, the possibility remains that development of the new facility could be delayed and the existing airport may have to suffIce for an unknown period. This possibility suggests that the compatibility criteria for any new development in the vicinity should be set essentially as if the airport were planned to remain open indefmitely. To follow any other course of action could prove to be short-sighted land use planning and would be inconsistent with state law requiring airport land use commission plans to be long range.

This conclusion leads to the assumption applied in the operational forecasts set forth herein. SpecifIcally, the noise impacts projected for the airport assume an aircraft activity level much higher than the level which would be achieved if the airport closes as scheduled. The 120,000 annual operations projection -- roughly double the estimated current activity -- reflects an assumed influx of a portion of the training activity anticipated with regard to the new airport. This activity level probably cannot be reached without some upgrading of the existing facilities. It is recognized that activity increases and facility improvements at the existing airport are contrary to present city policy.

The Rio Vista City Council, on March 3, 1988, took a signifIcate step toward preventing land use conflicts with the proposed Los Ulpinos development by requiring that residential development of Los Ulpinos begin with the E zones and progress to the D zones depicted on the compatibility plan map. The council required that no residential development occur in the A, B and C zones so long as the airport remains in use. (See Appendix F).

Access via St. Francis Way on SE side of airport and Airport Road on NE side; Hwy. 12 is 0.6 mile south of airport.

All approaches are within city sphere of influence; city limits encompass Runway 32 approach and most of approaches to Runways 7 and 25. Runway 25 - road intersection (200'); mixed industrial and residential (l,500'); Sacramento River (2,500').

Runway 32 - county maintenance yard (400'); road (500'); industrial land beyond road; Sacramento River (2,500').

Runway 7 (left traffic) and Runway 25 (right traffic) -- pattern only on N side of runway; agricultural and open space uses except along edge of river.

Runway 14 (left traffic) and Runway 32 (right traffic) -- pattern only on E side of runway; agricultural and open space uses except along edge of river.

General Plan adopted in 1973 (also covers SE Solano County and was adopted by county). Updated General Plan adopted in February 1987. .•...... -_. ..., ...... -:.. ···~ -\.. •~ --/"-;- / '~ / / '.~ /' ./// 'i/' v EXISTING AIRPORT

-:=J 2000

~mml Residential ~ Commercial/Industrial k;:;:::) Commercial/Industrial W Park/Recreation RIO VISTA MUNICIPAL ® Schools ® Park I\\~IResidential (Los Ulpinos) ______1986 City Limils AIRPORT mI Residential Reserve ---- City Sjj'lere of Influence Land Use and Circulation Element (1980) of General Plan covers unincorporated lands in airport vicinity.

City policy and plans call for closure of existing airport and its replacement by a new facility 2.0 miles NNW.

Large residential development (Los Ulpinos) proposed for immediately west of airport, beneath principal departure track for Runway 25. Development ultimately planned to contain some 1,600 homes.

Height Limit Zoning - Section 28-33 of County Zoning Regulations; based on superseded FAA obstruction standards; city ordinance follows FAR 77.

Length: 3,060 feet; Width: 60 feet Displaced Threshold: 300 feet Runway 25 Stopway: 180 feet Runway 7 Pavement: Asphalt; Fair condition Lighting: Low Intensity

Length: 1,975 feet; Width: 30 feet Displaced Threshold: 200 feet Runway 32 Pavement: Asphalt; Poor condition Lighting: None // / . . ~ AI/ I i I' .

RIO VISTA MUNICIPAL AIRPORT I 1000 Full parallel - south side of Runway 7-25. No parallel on Runway 14-32; access at south end only.

Nonprecision approach from Sacramento VOR; Circle to land any runway; Minimum Descent Altitude 560' MSL with 1 mile visibility

Tiedowns/uncovered spaces: 35 Hangar/covered spaces: 35 Transient parking spaces: 12

Attended all hours; Fuel Flight instruction, aircraft rental & charter Major repairs

Ownership: City of Rio Vista Alcreage: 141+ Elevation: 45 feet MSL Property Notes: City plans to close airport and develop as industrial park when new airport opens.

Existing Approach Type: Visual Required Approach Slope: 20: 1 Clear Approach Slope: 50: 1 Clear Zone: 5 % on airport property Existing Approach Type: Visual Required Approach Slope: 20: 1 Clear Slope: 30: 1 (from displaced threshold) Clear Zone: None on airport property

Existing Approach Type: Visual Required Approach Slope: 20: 1 Clear Slope: 0: 1 (Object in primary surface) Clear Zone: None on airport property

Existing Approach Type: Visual Required Approach Slope: 20: 1 Clear Approach Slope: 8: 1 Clear Zone: 10 % on airport property

Adopted Plans None Projects No interim improvements planned

Annual 45,000 120,000a Average day 123 329

Single-engine 74.9% 83.2 Agricultural 15.0% 5.6 Twin-engine 10.0% 11.1 Business jets 0.1% 0.1 All except agricultural Aircraft day (0700-1900) 93.7% no evening (1900-2200) 5.5% change night (2200-0700) 0.8 % Agricultural aircraft day (0700-1900) 5.0% no evening (1900-2200) 5.0% change night (2200-0700) 40.0%

All except agricultural Takeoffs and landings Runway 7 7.0% Runway 25 70.0% no Runway 14 3.0% change Runway 32 20.0% Agricultural aircraft Takeoffs Runway 7 1.0% Runway 25 96.0% no Runway 14 0.5% change Runway 32 2.5%

Landings Runway 7 0.5% Runway 25 80.0% no Runway 14 17.0% change Runway 32 2.5%

Agricultural aircraft departures on Runway 25 generally turn any direction near Wend of runway; flight level for arrivals or departures normally about 200' AGL. " "~---

" , "" "V ,

I 2000

Source: Contour locatio". RIO VISTA calculated by MUNICIPAL Hodge. & Shutt (1987) AIRPORT

Noise Impact (Ultimate) RIO VISTA MUNICIPAL AIRPORT Aircraft Accident Summary (1980-1985)

1 2 3 4 5 6 Date 6/20/80 2/12/81 lO/15/81Be 5/17/85B Type of Aircraft Amateur Cessna llanca ellanca T-TWO 414a 14-19 7ECA

Phase of Operation stationary /taxiing - - - takeoff-run - - - takeoff-initial climb - x' - - landing-in traffic pattern - - - landing-final approach - x - x - landing-touchdown/rollout - xb - X X - other - - -

Nature of Impact hard landing/gear upl ground/loop ete. - - x - undershoot/overshoot - - x - collision with objects - xb - X - forced landing - - - uncontrolled descent/impact - - - collision between aircraft in flight - - - other - x' - - Location of Impact on/adjacent to runway - - x - in clear zones - - - in approach zone - - - on airport property - xb - - off airport - x - x - Causes/Factors pilot - improper operation of controls - - x' x' - pilot - failure to see/avoid - - - pilot - inadequate preflight procedures - - - fuel exhaustion - - - Mechanical Failure - x' - - Adverse wind/weather - xb - xb - other - xb - xb - Miscellaneous Conditions tune - Day Day - Day Day - weather - IFR - VFR VFR - student pilot - - Yes - injuries - No Yes - No No - fatalities - Yes(2) - - other - - i -

'National Transportation Safety Board 1'. Engine failure on takeoff. 4&Improper recovery from bounced landing. Accident Briefs I'. Collided with sand dunes IS ft. 4' Wing struck high ground adjacent to runway. from edge of runway. 2'. Collided with ground. 2'. Attempted YOR approach with visibility and ceiling below minimums. 3" Diverted attention from operation of aircraft; midjudged distance, speed and altitude. 3'. Pilot reported encountering wind sheer. 1,1- 7~ ..,.-

"iIO _ .' ,< .....J •• ·•···• ..iZ'··•. I,!...I~

:) ~ : :titt~ . ,

/" .:••.•...... ·1 _.~.!/-.'..-

S R A '" ..,., i A

.'

-,_ •• 0" ••••• : .•..;;---.~ ~ --+---- GAS "ElO 1 ...... ~..•...... -- . :•.•...... ~., . '.. ...J../ r~...L/ • . S L A IN 0; J

RIO VISTA MUNICIPAL AIRPORT

I 4000 FAR Part 77 Airspace Plan The proposed new Rio Vista Airport lies some 2.0 miles north-northwest of the existing airport and 2.5 miles from the center of town. An airport master plan was completed in 1984 and the project has subsequently received the necessary federal, state, and local approvals. The city has received a Federal Aviation Administration Airport Improvement Program grant for acquisition of land and, as of early 1987, the acquisition process was under way. Federal grants will also be used to cover most of the airport construction costs. The airport is scheduled to open in 1990 although some delay is possible.

The configuration of the proposed airport is similar to that of the existing field, but larger. It will consist of two intersecting runways, the primary (east-west) one being 4,200 feet long. A crosswind runway will initially have a length of 2,200 feet and ultimately could be extended to 3,200 feet. Space for up to 100 based aircraft is planned. The Airport Master Plan calls for fee title acquisition of approximately 320 acres of land encompassing the airport's building area, runways, and clear zones. It is anticipated that the airport boundaries and perhaps the airfield layout as well will be modified slightly as the land acquisition and engineering design of the facility progress.

The site sits amidst agricultural lands used primarily for grazing. More intensive agricultural uses occur within the Yolo Bypass flood zone, lands controlled by the state Reclamation Board, which is situated east of the site. Population in the area is sparse. Several factors supported selection of this site from among the alternatives considered: (1) proximity to Rio Vista; (2) good access via Airport Road; (3) sufficient land for projected aviation needs; (4) obstruction- free approaches; and (5) compatible surrounding land uses.

Rio Vista's updated general plan, adopted in 1987, indicates that the city will eventually grow toward the new airport. Extensive lands along Airport Road stretching southeast from the airport are proposed for commercial/industrial uses. West of the airport, partially beneath the primary departure path, a large park is planned. Residential reserve is indicated for lands to the southwest extending to Highway 12.

Being a proposed new airport in a sparsely populated area presents both opportunities and potential problems for land use compatibility. The opportunities arise from the fact that the present land uses in the vicinity are highly compatible with the future airport. One of the problems will be how best to maintain a comparable degree of compatibility as the city expands toward the airport.

A particular concern is the airport master plan's lack of any recommended direct measures for assuring approach protection. Fee title acquisition is proposed for the clear zones, but no easement acquisition or other actions are indicated for the surrounding lands. Although compatible land uses are planned for the vicinity -- continued agricultural uses within the unincorporated area and a park plus commercial/industrial uses within the future city limits to the south -- general plans and zoning ordinances can be changed to reflect future development pressures as they occur.

Another concern is that aircraft using the new airport will represent a new and distinct source of noise in an otherwise very quiet location. As such, it may be considered a significant intrusion by the few current residents who may be affected. To the extent that only existing residences would be impacted, this concern is beyond the scope of the Airport Land Use Commission's review and would have to be addressed directly by the city as the owner of the airport. It nevertheless is also a factor with regard to any isolated new residential development which may be proposed in the area.

The somewhat uncertain defInition of the airport layout and traffIc pattern is anticipated to be a relatively minor matter with respect to development of a compatibility plan. If the airport layout as eventually built differs slightly from that indicated in the master plan report, modillcations to the airport land use plan will be necessary. Since there is little immediate pressure for development in the airport vicinity, such changes would not likely affect any proposed projects. DiffIculties could arise, however, if there are prolonged delays in construction of the airport and significant changes occur in the layout. Conditions set for any development which may take place in the meantime may not be fully applicable under such circumstances.

For the purposes of best assuring longterm compatibility in the airport vicinity, the ideal basis for planning is the most extensive impacts projected for the airport. The noise impact area indicated herein therefore utilizes the master plan forecast of 160,000 annual aircraft operations, an activity level which may not be reached within the intended 20-year time frame of the forecast. Similarly, the full extension of the crosswind runway and the possibility of a precision approach from the east are taken into account. The compatibility plan does, however, assume that one-sided traffic patterns will be established in accord with the City Council's action on March 3, 1988 expressing its intention to do so.

- Access via Airport Road on SW side of airport; Hwy 12 is 1.0 miles SW via Liberty Island Road. - Site, including clear zones, is fully within city planning sphere of influence; approach zones beyond clear zones are outside sphere of influence line except for Runway 32 and portion of Runway 6 approaches.

- As of early 1987, site remains outside of city limits, but is proposed to be incorporated once land has been acquired. - Agricultural lands (primarily pasture) in all directions; most parcels currently designated as agricultural preserves.

- Runway 14 - proposed perimeter road (1,000' from initial end, 0' from ultimate end); road (2,000' from initial end); agricultural beyond.

- Land Use and Circulation Element (1980) of General Plan covers unincorporated lands including site and vicinity.

- City Master Plan proposes park land within portion of Runway 6 approach encompassed by sphere of influence; Runway 32 approach indicated.as commercial/industrial. - County Land Use and Circulation Element (1980) recognizes Rio Vista urban growth line encompassing site and proposed allport relocation plan, supports compatible surrounding uses and shows vicinity as continued agricultural land.

- Airport plans do not show acquisition of fee title or easements beyond ends of clear zones; city policy calls for easement dedication at time of annexation or tentative map approval.

Length: 4,200 feet; Width: 75 feet Pavement: Asphalt Lighting: Medium Intensity

Length: 2,200 feet initially; 3,200 ultimate Width: 60 feet Pavement: Asphalt Lighting: Medium Intensity

Nonprecision approach from Sacramento VORTAC. Possible ultimate Runway 24 precision approach.

Tiedowns/uncovered spaces: 31 Hangar/coveredspaces: 56 Transient parking spaces: 17 _.

: .-.• \ / . f \ "\...... -;.. \ ~_._ ..- \ \{ \ . . ...•... '\ ".-.- •• \ • > ...... 17\ --,.;.' f •.. ,'" ",' , .~. ./ / ~\ " ~', \ ~ I -~ '~)\;\...... --~~ s~~.....~-:._ =.,-. ••••• -.i-- -- \ '\ '" •..•.• v .,. yo ,.. _ \ \ """ ,. .;..--- ~' i o ! i ,.. ! _-~\ • ~.•••••~ ~:····I-••~f" ;;'::.J , • •••••••••• : I:!to ' .:...... ~ . • ••••••• ~ "." t •.· ··•.. A G R leu L T U\R A L .• .• ------;- •~

I .'\.0 2000

'" '" f •• t • , ~ /?

Im::::J...... Residential . ~ Commerclalllndustrial NEW RIO VISTA f:::::H Commercial/Industrial Park/Recreation m AIRPORT ® Schools ® Park I,\,IResidential (Los Ulplnos) ______1986 City Limits IEII:§ Residential Reserve ---- Clly S~B'e ollnlluence FW Flood Hazard Area I 1000 feet

NEW RIO VISTA AIRPORT

Proposed Airport Layout \.. \~ • •• • • •• •• '. " , ",," to

•o o o

2000"

Source: Contour location. NEW calculated by No-te: Noise contours and traffic Hodge. & Shutt patterns shown will change as (1987) RIO VISTA a result of City Council action restricting traffic' to the east AIRPORT side of the north-south runway and the north side of the east- west runway Noise Impact 2004 To be attended all hours; Fuel Flight instruction, aircraft rental & charter Major repairs

Ownership: City of Rio Vista Acreage: 317+ Elevation: 18 feet MSL Property Notes: Proposed property boundaries are anticipated to be modified during acquisition process.

Proposed Approach Type: Visual Required Approach Slope: 20: 1 Clear Approach Slope: 20+:1 Clear Zone: On airport property; Road 700 feet from runway end

Proposed Approach Type: Nonprecision/Precision Required Approach Slope: 20: 1 Clear Approach Slope: 20+: 1 Clear Zone: On airport property for nonprecision only

Proposed Approach Type: Visual Required Approach Slope: 20: 1 Clear Approach Slope: 20+: 1 Clear Zone: On airport property for ultimate runway length Date Type of Aircraft

Phase of Operation stationary/taxiing takeoff - run takeoff - initial climb landing - in traffic pattern landing - final approach landing - touchdown/roll out other

Nature of Impact hard landing/gear up/ground loop/etc. undershoot/overshoot collision with objects forced landing uncontrolled descent/impact collision between aircraft in.flight other

Location of Impact on/adjacent to runway in clear zone in approach zone on airport property off airport other

Causes/Factors pilot - improper operation of controls pilot - failure to see/avoid objects pilot - infrequent preflight procedures fuel exhaustion mechanical failure adverse wind/weather other

Miscellaneous Conditions time weather student pilot injuries fatalities other Proposed Approach Type: Visual Required Approach Slope: 20: 1 Clear Approach Slope: 20+:1 Clear Zone: On airport property; edge at outer end protected by easement; roads 400 feet and 1,100 feet from runway end.

Annual N/A 160,000a Average Day 438

FLEET ACTIVITY MIX

Single-engine N/A 80.2% Agricultural N/A 4.2% Twin-engine N/A 15.1 % Business jets N/A 0.5%

TIME OF DAY DISTRIBUTION

Propeller aircraft day (0700-1900) N/A 89.5% evening (1900-2200) N/A 9.0% night (2200-0700) N/A 1.5% Agricultural aircraft day (0700-1900) N/A 75.0% evening (1900-2200) N/A 5.0% night (2200-0700) N/A 20.0% Jet aircraft day N/A 93.0% evening N/A 7.0% night N/A 0.0%

RUNWAY USE DISTRIBUTION

All except agricultural takeoffs and landings Runway 6 N/A 7.0% Runway 24 N/A 70.0% '~ ::. '.• , 'J..':""" I . :0 ~ 1·-··--_··.. . .'.., .•••""'/; .I I.... w:~'j IR Y I ..' -:, I . . --))" ~ ..• ' I :; -.. \:'11." . ., - •.•• i",.' \ \ 1 I .,:; '\\ j . .. ; ""Y .,~,.:.:(1:;"'- 1·····1 .. 'j"': I :\

,."j

f

.., I.; ,~ I ~...... •i

I 4000

Redrawn from NEW Rio Vleta Maeter RIO VISTA Plan (1982) AIRPORT

FAR Part 77 Airspace Plan Runway 14 N/A 3.0% Runway 32 N/A 20.0%

Agricultural.aircraft takeoffs Runway 6 N/A 1.0% Runway 24 N/A 96.0% Runway 14 N/A 0.5% Runway 32 N/A 2.5% landings Runway 6 N/A 17.0% Runway 24 N/A 80.0% Runway 14 N/A 0.5% Runway 32 N/A 2.5%

- Agricultural aircraft assumed to operate in manner similar to that at existing allport; i.e. departures on Runway 24 would turn any direction near Wend of runway and would fly at about 200' AGL. CONSISTENCY WITH LOCAL PLANS o The 1987 Rio Vista General Plan indicates that the existing airport will close within the relatively near future when the proposed new airport begins operation. Land use planning for the vicinity of the airport is based upon this assumption. The General Plan, being long-term in time frame, consequently makes little reference to the existing airport.

The Airport Land Use Commission's Compatibility Plan, by way of contrast, is required by state law to have a long-range outlook. As long as the airport is in operation, it is the responsibility of the Commission to preserve land use compatibility around it. Only to a minor degree is it considered acceptable to relax the compatibility standards on the assumption that the airpon will close.

In this fundamental respect, the Rio Vista General Plan is inconsistent with the Compatibility Plan. o Aside from the proposed conversion of the airport property to industrial uses, the following future land uses described in the General Plan and/or in other city planning documents would be inconsistent with the Compatibility Plan for as long as the airport remains in operation:

Extensive residential development (the Los Ulpinos project) within the approach zone to Runway 7 -- The aviation easement which the city has required from the developer (Planning Commission Resolution No. 81-13) limits construction within the clear zone. The degree of the limitations is not stated and the boundaries within which they apply are unclear. Elsewhere within the development, the proposed residential densities are greater than those established in the Compatibility Plan. The City Council has, however, on March 3, 1988, acted to prevent residential development of Los Ulpinos within the approach zone until the airport is closed. (See Appendix F.)

Future commercial/industrial development within the approaches to Runways 14, 25, and 32 -- Although this type of land use is basically consistent with the Compatibility Plan, no limits are established with regard to the density of development compatible with airport operations. No restrictions are placed upon development within the runway clear zones (Compatibility Zone A). Also, no standards are;.ncluded for a minimum amount of open land in other areas as required in the Compatibility Plan. o A structural noise level reduction (NLR) is not indicated as required for certain types of new development within the airport approaches. o Except for the Los Ulpinos project, the city has no policy requiring dedication of an aviation easement as a condition for development in the airport environs. o The city airport noise standard sets 65 dBA as "the maximum design level outside of a new building with closed windows." It is unclear whether this standard is an individual event level or a Community Noise Equivalent Level. If it is an individual event level, there is no direct correlation with the Compatibility Plan's criteria, but would most likely be substantially more restrictive. If the value is a CNEL, then it is inconsistent with the Compatibility Plan's Standard of 60 dBA for new residential development near the airport. o The section of the city zoning ordinance establishing Airport Flight Obstruction Areas (Section 516) refers to various restrictions within the zones defmed by Federal Aviation Administration Regulations Part 77, but is vague as to whether these restrictions include a limit on the height of structures and other objects.

o The agricultural designation for the unincorporated lands in the vicinity of the airport is consistent with the Compatibility Plan. There is, however, no review of proposed new agricultural uses to prevent introduction of new bird attractors. o The county airport height limitation ordinance (Section 28-33 of the Zoning Regulations) does not reflect the current standards set forth in Part 77 of the Federal Aviation Regulations and incorporated into the Compatibility Plan.

o The 1987 Rio Vista General Plan anticipates the development of a new airport to replace the existing Rio Vista Municipal Airport. The Plan, however, leaves implementation of most compatibility measures to occur as separate actions at a later time. The result is a basic consistency between the General Plan and the Airport Land Use Commission's Compatibility Plan with regard to the types of future land uses to be developed in the airport vicinity, but a lack of consistency with regard to specifics such as allowable densities of use. o A structural noise level reduction (NLR) is not indicated as required for certain types of new development within the airport approaches. o Rio Vista plans and policies do not require dedication of aviation easements as a condition for approval of development in the vicinity of the airport. o The section of the city zoning ordinance establishing Airport Flight Obstruction Areas (Section 516) refers to various restrictions within the zones defmed by Federal Aviation Administration Regulations Part 77, but is vague as to whether the ordinance will apply to the new airport as well as to whether the restrictions include a limit on the height of structures and other objects. o The County General Plan's designation of agricultural uses for the unincorporated areas in the vicinity of the proposed airport is consistent with the Compatibility Plan. There is, however, presently no review of proposed new agricultural uses to assure that they will not attract birds.

o The county airport height limitation ordinance (Section 28-33 of the Zoning Regulations) does not reflect the current standards set forth in Part 77 of the Federal Aviation Regulations and incorporated into the Compatibility Plan and also does not specifically state that it is applicable to the proposed new Rio Vista Airport.

o County policies do not currently require dedication of aviation easements as a condition for approval of development in the airport vicinity...... "'. .... SedIaa- :. 11. -t..' .,. _. • r • ,. .:.., ~- 216'fO..;.t;. o~ tiacftnp mei ~~ cn&aozi:. _Diemhers.bip;;o selectioD. 216'70.1.. Ad:ioIl by d-ignated body iDatad of mmmiMioa; member apertiN in a'riadoll;j 216"lO2. Apphbilitr CD cDati •• haftlc Oftr" milIiml popalatiaD. .. ,.. •. ...• ;. ..-. . 216"lL Airport 0WDedb)-.city; di.crict; oroCllWlti. appoinanent of certai:Ilmembers.by.citiee azul

. ..' coaDtiili.._ I.' -. 21m... . Airport cnraed by city. cfiItzict or CDUilIOJ ••. appoiDb,1eDt of certai:Ilom.mbera by em- azul ° COG4tW;.~ date of MCrina . . - - .

o ••••• UndIi ••••••••••••••• or _:IcI"rw. by ••••••••• Sectio. ~ :..~!-~~.~t'"~''' .•~..,;..,.' ..,:. ....•.•••.-·.T~· >n~_I ••• ••.•.•.·~:··:···" 00.; .•..,;'-.-0 .. -.- ••.•• " •• 'I~~'''''~r:,:-" .•.•.•~ ... ~m.s..:-::rerm of:'o#ice; ;.removal of. members;·...~eS; _.~p4m •• ticm;~.St:atf ~:~ ....,...".-1:::·~mgs.'~-::;:-.~,;'7:;~~~:··.::;::-:-::;;=:-: ":.;af~- ••.•,. ~.J'.~~- ·';;-~';';·;::'1:;:7·-';'~Tq~.£;·~-.t· 2:t~';;'Rnles and NiulatioJ1s.::~·,.~:.,,:".,;:~;:;~.•~:~:~-;-~•.-;.; ~:;'~ ..;;..:;;~, ::~:~;!~:~~'::.n~iI~:.tIO;;r;~ 21673.-.-. Initiation of proceedings for creation by owner otairport: ; ;'~... ,.:!r:: :.. ~~~.~'''p--it" 'l(u1-' 21674•... '.:.Powers ~d duties. ..·. "'-'._ •.•. ':':. ;;. ':.. ~ ....•• ':':: ':l~nw.·",.:._- __;;~ .:".:)..,r ..:> .;•.,. .oAOT --d ••••• pl_- ", ••. J •..•.•••.•••••.••• ~..., •••••.•••.•..•. ..;.- .•••• -.", .-' ." .••••• '. • .'lU~·-·1 21675 _;',.I.MIoU ~ J.iII,II". 0 ••• ,. ',' ••• _.~ ••••••••••• _ •• ~ ••• ~ •••••••. :. I •• ~,· •..•.•••• ~•. - ••.•• e.:.•.•••••• " 21676. ',::Consistency with 'airport land use commission plan;·1oc:al agency pneral plan; .,spec:i5c " .. _:: .. plan zoning ordinances, building regulations; determination procedure.:_' '.;; '-::.~" ,.!. 21676.5. Local agency plan revisions; ovem:Uing of commission by local agenc:r, further review. 21677 .. :. County of Marin; overrule of COUDtyairport land use commission. .'. ....;..:.. :. ':':"':- 21678. . Pu~lic agency d~n to .override airport land use commiaaion action or recommendation; . aJrPOrt operator UDmumtyfrom damages. ... ' ·".•...!·.::·..,.·· •.~··l·...:.;·,:··.·,~ ':.:"l"',~ '.~'''.' 21679. Counties without a land use commission or designated body; proceedings to poatpone actions affecting zoning or land use near public airport; airport operator immunity from .--:~:~~.'.~ ;:7~~ility., .[N~~l.,.;.:~...~•..<~~~.~_ .\~ o'';;!'::-::' ,.-:,:.p.• :.-- ••",~:;~#,,~ .::: ·;•..d" ,,'\ .:.~::;:::~ .'~ ..... : . Article 3.$ a.dded. by Sta.t3.19G7, c. a5l, p. ma, § 1. . .' ..' ·:'-:~:.·?;:;.l:·;:. :.~:'li:·:::: ; -: .. ..;" ..:; .. 0'.':, : ..~: .. ~~>:,.~..J.: ~':.: ._.':..:~.::..:::~: .•.'P••.:-:-,... f ~'.;.~~:. § %1670. Legislative findings and· declaration; creation; membership; ·Hlection=;'!:"::'.:~i::·: -.':,

....: ••·(a.· ):-Tbe', ·Le~·~b.~:hereby'.fin.ds~~ declares' the '.'..'.:.':>'.._"_.-.,~.~ -- . ~.. :.:::..... : :.:.~:; .. 0 ••• ;. • .., ••• - •• ~~, a- _ _:..~~:.:.:.::..:. ~:.;'~~ =. ;~ '! :~ •• ,~ '-(1)' It is in the public interest to provide for the orderly development of each public use airport in this State and the area StuTOundingthese airports so as to promote the overall goals and objectives ot the California airport noise standards adopted pursuant to Section 21669 .-:. • and ~ prevent the creation of new noise and safety problems. -:-;:. ~ .-:-,;~.~.,,;.-" <:~.."-'.:7;-"-j'"7 .._..:"":.-::.~~_~~ ::"(2):It is 'the p~~;oi ~-.·article to protect-public h8alth,-safetY. md-;elfare'by'eiSUriiigthe orderly expansion of airports and the adoption of land uae measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. . '._ .' .'::~,.. ': (b) In order to achieve the purposes of this article, every county in which there is located an airport which is served by a scheduled airline shall esta.blish an airport land aae commission. Every county, in which there is located an airport which is not served by a scheduled airline, but is operated for the benefit of the general public. shall establish an airport land use commission, except that the board of supervisors of the county may, after consultation with the appropriate airport operatOrs and affected local entities and after a public hearing, adopt a resolution finding that there are no noise, public safety. or land use issues affecting any airport in the .county which require the creation ot & commission and declaring the county exempt from that requirement. The board shall, in this event, tnnsmit a copy of the. resolution to the Director of Transportation. For purposes of this section, "commission" means an airport land use commission. Each commission shall consist of seven members to be selected as fonows: . .' '. :-:: .•• :·~.H: f~ ...• :.:..~ . ~.c ...;" : ·-:.t:~ (1) Two representing the cities in the county. appointed by a city selection committee comprised of .the mayors of all the cities within that COUDty,except that if there are any cities contiguous or adjacent to the quaIifyiiig airport, at least one representative shall be appointed therefrom. I!there are no cities within a COUDty,the number of representatives provided for by paragraphs (2) and (3) shall each be .increased by. one. >- ;...... " . _ ...... ;_; '. (2) Two representing the county, appointed by the board of IUperviaors. ..•_'- ... ;. ~.. ;~ :;.':':'. "'(3) Two ha~rr' eX'oertbe in aNtion. apPointed 'by a' selection committee co~prised of the managers of an ot 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 be appointed and serve as members of the co~ission during their terms of ~ublic office. .. .._.,. . , (d) Each member shaD promptly appoint a single proxy to represent him or her in commission affairs and to vote on all matters when the member is not. in attendance. ~ proxy shaD be designated in a signed written instrument which shall be kept on file at the commission offices, and the proxy shall serve at the pleasure of the appointing member. A vacancy in .the office of proxy shall be filled pro~ptly by appointment of a _new'proxy...... :. " J...... ~. . . ..:.~ ..••. ;.:~.:..: ....~.. . ; .':"".. ~;--: "-.. 0:: .: . § 21670.1. Action by designated body in.tead of commiuion; m~ expertiae. in aviation {a.}Notwithstanding iny' other ~rovisio~ of this' articl~: if the~"of ~uperriso~ and the'citr aeIeCtion committee of mayors in ~ county· each makes a' determina.tion by a majority vote that proper land 11Seplanning can be accomplished through the actions of an appropriately designated body, then the body so designated sba.ll &Ssumethe planning responsibilities of an airport land use commission as provided for in. this article, and a commission. need not. be form~ in that county. ,. ) A bodv desi ted tlursu.a.ntto subdivision (a) which does not include amon its membersbitl at least two members having an exoercse in avia.oon. as define in subciivision (e) 0 ection 21670, shill. when actin in the C&tlaOtvof an ain>ort land use commission. be au ented so that that bodv &Saugmente have at least two memoers having that exoertise. e commission s be

constituU!d tlursuant to this section on and after March 1. 1988. ':" ,,:~.: ~: ." .'.'h'· 0" •• :' •• ;:;' •• : (Added by Sta.ts.19'10,Co 1182,p. 2089, § 2.. Amended by Stats.1980, c. 725, p. 2164, § 10; Stats.1987, Co 1018, § 4.) .... . _.' :.:' '..;..: " .... ":, '.. ' ." ·,..·..,·f ..

0.: .•.. ! . :. :'.• § %I67o.%. .Applicability ~ countiea haTi~r o"er 4 mil1io~ population' . " , . .. " ~.:-.! •. .' ~ .•• Z;..· •... ':~ ~ • ..;.: ••:i~·:;-:· .. Sections 21670 and 21670.1 do not apply to counties of more tb.a.n4 million population.' In such counties, the county regiouaI planning commission has the responsibility for coordina.ting the airport planning of public agencies within the county. In instances where impa.sses result relative to this planning, an appeal may be made to the county regional planning commission by any public agency involved. The action taken by the county regional planning commission on such an appeal may be overruled by a.four-fifths vote of the governing. body of a public agency whose planning led to the appeal" :.., :-" ' '" '- .. ', , .. ; .

(Added by Stats.1970, c. 1182, p. 2089, § 3.) :; -~.. 0 ••• : ••• :: ••• ~.. • or i :..~.:~:.

.... ·.··.0· 'f._ •••••• ~. • r·· .~...:_ '~ :.~ .:. :... .: ° ••••••.••• § %1m.· Airport' owned by city, cliatrict or county; appointment of certain membeft by'cities ;:.•...'1:.': .•. ~ ...co.~~ea .; . " .," '.~: . :.: ',::,... :' :..;.::..' ~:_.'~.<..'":...'.':~:..,-~.'~::.:'.~~;,':.':::..'.~:'."-.:: In my county wberethere is an airport operated for the general public which is owned by a city or district in another county or by another COUDty,ODeof the representatives provided by paragrapb (1) of subdivision (b) of Section 21670 sball be appointed by the citv selection committee of mayors of the cities of the county in which the owner of that airport is located; and one of the representatives provided by paragraph ~ of subdivision (b) of Section 21670 sba.ll be appointed by the board of aupervisors of the county in which the owner of that airport is locate

(Added by Stats.l967, c. 8S2,p. 2288, § 1. Amended by'Sta~1982, c.:104l, p. 3795: f 5; Sta~.19s4. ~ U17, § 4; Stata.l987, Co 1018. § 5.) . :,::•..-;,.'.''':''';''',' :;;.;•.r.:';., .:.t:;":·,:~ • ~" .....'T.:';:: :'_ .. .:.: ;•.~ ":"t •• : ••• }.' .• ':. .•.. ..:;'~i•.;.:~.::~.t·Ji .;. <..•• ~."·:.n!".~~~.~':".!';":'1."•. "~~.': '~.. ~~- •..• ~~",=,o •.•. ,;.i :::. ~.:::=.::;. i·11lT ~ '!·~~Il '··h~ o~:' :';~': :1:- ...~"": .':9•••• i;~.:;.IJ:bi.ry Ret. mi':· "'_.·:-i::: 6~:"t;~:;:i:.: ~~ ~I"~:.;::I:~.J:~. '. ADacbcr § 11671. ••••• bi Siaa.19U·c,··10U. r6.·r-··';·'A~_%23.·::·:···;;:···.•i;"·""i.\,.··,; •.;;:,. ';::".,~.:-.r;t

:::- ~':' ~l~. to ~~.'. ':"~:c..r.s. Aaia1 N~ f 3; ci '*4...= ; ". ~~'.f'.:'~:.::" 0= oa 1919._ ~ br SlalLlm. Co lOll, f 6- UndertIne IndJcat. C'ftan9M 0; 8ddItIona by amendment t %167L5. . Term of, office: remon.l of.1DeIIIben; ~es; .co••••••••• tio~ ICatr ;... $ .- ..~. .:-'. 1fteetiDes -.. . .. ,., -. .:. '.:~ .:~ '.. .•.•••:;:J-::;.:.l.::-.-:'rJ ~ 7~t for th~ term. of o£fb ~f the-~~~ ~ith~~t' ~";mf,;,.~the tenD of dce Gf.ml !neTTIMrshall be foar yean aud until the appointment anei. qua1ific:aticmof his S1ICICB8Gr~;~~e' members of the first commission shall clauify themselves by lot so that the term of otfice of ODe member is one year, of two memben··is two 'jars, of two members is three years. ad·-at=tWo members is four years. The body which origiuaJ1yappointed a member,.-hoH term has apired ah&11 appoint his succesaor for a fD11term of four years. AzJymember may De:emOved at any 1:ime.'uui: without cause by the body appointing him. The expir.Ltiondate of the term· of office of eacIi 1MI!!!ber shaIl be the first Monday in May in the year in which his term is to upire. Azty ftCIZIC1. in the membership of the commission shall be filled for the unexpired term by appointment by the body which originally appointed the member whose office has become vac:an~-The Cbairman·of the commiaaion shall be selected ~ the members thereof ...•. ' ... <.,_, •• _ ••...•..•..• _ ..•.... _ ••• __ •....• , ••• . . ._to·, t: ,_ •.••••, ••.••••.•..• , •••. w.~.:;t .••. 4 •• t.."" •• ~ "'_. ~Compensation. "if auy, Shall be determined by the board of supervisors":'; .~.:' :.:.:'''::··'':.~i·:-:!'''"!=, ~)raff~~c:e. including the ~g' Of.D~~ ~d tb~'~ ~ ~u~ ~ ·~-··;a~· quazurs, equipment, anei supplies shall be pr.ovided by. the COW1ty•.~ The usual auci •• nry operating expenses of the commisaion shall be a. County charge.' .•...• ~~•. .'..::.:..•..::-':,. ~,-.:..;':.: ._., • •• •••• #' ••••••••• __ ••••••••• , ••• ·.·-~W." __ •••.•••• • NotwithstaDding auy other provisions of this article. the· .eommisaion .hall· not·. employ any personnel either as employea or.independent contractors without the prior approval of the board of superrisors. . " .. _: .. ' .. ,; .:' ~.,,;.,;~ .: _:!.:~:..2_'=-.;~::;'..::..::::::: '.The commission shall mei!t at the call of the commission chairman or at the request of the majority of the commission members. ' ._" ....• .... ~... , ".:' . '0.' .,' .. '.' •... ':. "0.·0 ~'7·''-' :: .W·.·~ (Added by Stau.1967, Co 852, p. 2288, (1. Amended by Sb.t.s.1972, ~ :'19, p. '744~ §' i,>.,~ :~•.•~;~:;-~:~

• • •••••••• • • •••• ••••• ." •••••• 'O ••••••• ~ •• :, •• ~ ••• J •••.• .:~ § %167:.' Rule- anei rerwaaona .•. ;. ~ ::.:.' .•::.~.::.~::. ..;:. ~:~,:,... ~ :.~..~~:~:.:~\.;:...:; "::~~:~:::~.:?;:i;;7~ . Each commisaion shall adopt rules and regulatians with respect.to the temporary disqua1j:fication of its members from participating in the review ar acioption of a propos&!bec&use of ccm:f1ie:t..af interest and with respect to a~pointment of substitute members in suc;hcases: : :::~';~"':':'~'7;;.:';'.':':i (Added by Stau.1967, Co 852, p. 2288, § 1.) ...... >.' •• ' ._.:,,~ ':-" •••• ~ ••.•••. .& ••. ~ .::":..:~:,,"':~ "'.' -1.T." •.~·~1"...;.e:·:··~." .;.. .~..~,.. :: § 216':3 •. Initiation of prO~ fo~ ~on by owner of airport "'-:',~; ~ .~ 'In ~y cOUntYnot haviD' . a commission oroa bodv 'des'i- - ted U;"~'~uithe'~t)ODsihilities "i;ia cOmmission •• ,auy owner, of a putl· ;urport may llUt1ate proceeamgs or the creaaon at lL. commission by presenting a request to the board of supervisors that a commission be created and showing the need therefar to the satisfaction of the board of sunerv1sors. (Added by Stats.l967, Co .s52.P..2288,§ l.·~.Amendeci'.bY.S.tats:~~~:.~.}?~; fiJ~:~':~~:;>..:;-~~::~

§ 21~4.. 'Pow~'and dU~ei·._.:.~;~.~;:;:,·~~-~~.:~~:,~.~.~~;.::~~;.~o~~~:.•:;~:"::~.~.-,~~"'!~'~:;~:~~~.~:~}~;"';:~=..:-~•.~;~.: The commission has the following powers anei eiuties, subject to the limitations upon'ia jarisdictio~ letfarthinSeetioD'2i.676: ..·.· :.', "0_'. ." ;"' .•.• ..;.••••.• , .••.•• ':;-':'.; ,o~·:. :~~.::,.. :,;.:" . (a) To ~ist local agencies in ~~~'~~patible 'lanei ~. ~ th~-ricim~'of 'an mrir .~ ~d in the vic:iDityof existing airpom to the extent that the land in the vicinity of· those airports is DOt already devoted to incomPatible uses .. ! :- •... : " .• ~..: . -; .,.' .. :~ .~ '~_.:,~~:,~. ,.; : .•:-.;''.:~;;. .' (b) To c:oordiDateplazming at the state,' regional: and local levels' so as to provide for the orderly development of air tn.nsportation.. while at the same tUne protee:t:iDgthe public health. salety, and welb.re. , ...:...... • ;-: ...... ,.""-:. ,'1 .. ' .:.:".~ .•' i":';:"::-',,: "1' ~.(c) To preparei:Dci adopt an·air;iOrt.1&:ad use plan-pursuant to SeCtioD noTs.· ....;:...,;~ ..:;,.;~.-;: .0 (ei)To ~ the plans, '~~, ~d' ~er 'aeti~ns 'of l~~cies aul~o~~~ pursuant to Sec:tion21676. • ..'-:....; ....~:; ',; .,. ..:: .' ;....~,:_ . .'. , ':_.1 ;;:... ,;

(e) The powers of the commjsaicmshaD in no way be construed to give the commj1!Siou jmisdic:tioll' ~ the operation of any ai:po~ •., ." ...... • :-:. :.-...., .. ~ .._. ... .-.:-. :.' . ....- :.. -." .-: ..... ": ;- if! In order to Ca.n-v. out its··responsibilities: the commission mav adcnrt rUles· and reguiapOi! COnsIStent wttit this arCe1e. .• . . (Added by Stats.l967, c:.8S2.,p. 2288, § 1. .Amended by StatLl970, c:.1182, P. 2089, §. 4; StatLl91S.· c:. 1052, p.2492, § 19; StatA.l982, c:.1041. p. 3796, § 7; Stam.19S1, c:.1018, § 9.) ...... , .•...;;:::.::: ". 7'.• I-:.-::'~: 1981 1AIialaDoD . 1.JIIlw7 Rd8 ._:...... , ..•.;:~~.' • ADoUIa' § 11674. adciai by Slaa.1912. c:. 1041. § L . A¥iaIiaa -m.··,...... ::-~;- ndaziDC to tbe _ IIIbjct maacr ad to 1Ia¥e llecomc .. C.J.s. AerauuIicI UId AcraIJ*:c if 19, 63. : opasD¥e J&. 1. 196. _ rcpcUd by Slaa.1917. c:. lOlL f IQ.· .. . . - ::-

§ %161~ Land UIe p~.:' ...: ..~ .' •.... :.";': : ., ... - ..• , ~ ~--'~:'=:':' (a) Each commission shall formulate a comprehensive land use plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the juriaciic:CoDof the commission. and will safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general . The commission plan aha11include a long-range master plan that reflects the anticipated growth of the airport during at least the next 20·years. In formulatiDg a land ~ Plan. the commission may develop height restrictions on buildinp, may apeCfy uae of land;· and may determine building standards, including soundproofing adjacent to airports,' within the planning are.a.. The comprehensive land uae plan shall be reviewed as often as necessarv in order to· aeeom'Olishits 'Ourooses. but shall not be amended more than once in any ca.lenaar year...... _L : (b) The commission may include, within its plan formulated pursuant to subdivision (a), the area within the jurisdiction of the commi5lion surrounding any federal military airport for all the purposes specified in subdivision (a). This subdivision does not give the commiasion any jurisdicticm or authority over the te..~ry or operations of any military airport. . (c) The' planning boundaries shall be established by the' commission after hearing and consultation with the involved agencies. .. . ., (Added by Stats.1970, c: 1182,p. 2090, § 5. Amended by Stats.1973, c:.844, p. 1510, § 1. urgency, df. Sept. 25, 1973; Stats.1980, c:.725, p. 2164, § 11; Stats.1981. c:.714, p. 2761, § 389; Stats.1984, c:.1117, § 5.5; Stats.1987, c:.1018, § 11.)' ' . .•.. . . wbedlcr I1ICh~ are ·JNb1icly or privue!y .~:. S7 Ops.Aety.Gc. 567. 11-15-74. . •. AD airport lIDd _ mrrgniai"" does Dot have audIomy The ~ authority of an airport lIDd·\IIC commj';OII .. lIIIdcr § 11670 f:l seq. to formulate compnhmsi-t>e 1aIId '* lUIdcr this aa=ioII comprebmas tbe areu sutrOUJIdiDC air-. : plam Cor tbe _ surrouDdiDC a fedCftJ IZIiliw, airpCIrL 55 pons opcrucd for the bmcfit of the public:. i:rapcctIwe of 0ps.Aay.Gc. 184. 7-5-n. .. J:" ! .. . . - :. . .. '~'~".:!:::::.': • _a. .•. ..• '"',•..•. § 21676. Conautenc:y with airport land 1I8ecommiuioD plan; local apncy reneral plazl; apecil-- ic plan zonin( ordinances. buildin( .regulations; determination pro~ure ' '.....:.'. (a) Each local agency whose general plan includes areas covered by an airport land use commission plan • • • shall. by July 1. 1983, submit a copy of its plan or specific plans to the airport land nae commission.· The commission shall determine by Augast 31. 1983, whether the plan or plam are consistent or inconsistent with the commission's plan. If the plan or plans are inconsistent with the commission's Plan. the local agency shaD be notified and that local agency shaD have another hearing to reconsider its plans. The local agency may overrule the commission after such bearing by a ~thirds 'VOteof its governing body if it makes specific findings that the proposed acticm is ccmsisteDt with the purposes of this article ~ted in Section 21670.·· ; ., _.' : ..- (b) Prior to the amendment of a general plan or speci:ficPlan. or the adoption or approval at a zcmiz1iordi:Danceor building regulation within the plamUng boundary established by the airport land . UIlecommission pursnant to Sec:1:ion21675, the local agccy shall first refer the proposed aetioD to the commission. If the commisaion determiDes that the proposed action is incoDBiateDtwith the commission's plan. the referring agency shall be notified. The local agency may, after a public bearinc. oYem1le the commission by a ~thirds 'VOteof ita governing body if· it makes speCfic fiDdinp that the proposed action is consistent with the pmposes of this article Itated in Section

2167~....•.: ~.. ;.,....:~-:...'. ~':.•. ':'~"':,...:_ ..:~.....' ''':.:.: ~::.;:.:..... L& ~ '"'-~. = _. • •. :", _".,.". ~.:-.-: ,~ ~ (c) Each public agency owning any airport within the boaDdaries of an airport land nae commiuicm p1aD• • • shaD..prior to modification of its airport maate' plm. refer such proposed change to the airport laDd use c:ommiaaion. If the commiuicm determiDea that the proposed action is iDconaisteDt UndertIne IndIaIt-. cMItv- or IlddItIon8 bY -.-..it. with the·commisaion's plan, the referiDg agency.ahaIl be notified. .The puhlic&pDcy may, ~.a public hearing, overrule the ct'mmipion by a ~ vote of itI.~ body if it makes specific fiDdiDp that the propoMd action is coDaiatezrt with the purpoMI of this article stateei. in

Sec:DaD.21610. _0.: .;'~J,'.~. '.~'.• ~~'. \. .•• ':":•.•i~-:l :.l .':~'"..;.. ~.,.:".; .~;·-~"!~i:'. t -:Jo~.1";. ."...... ~~(d) Eacl{~o~ ;d~~pU;;uant·t.Cri~n (b) Or'{c)~~ ber;~;1;iij,iiir6(rdaW from the date of referral of the propoaed &etion. 11 a commission !aila to make the determiDation within that period. the ,Pl"OPOMd. action ahall be deemed coDSisr.eDt with the commission's ..p1aD. _..••..••...•..• " .;•••• ~~•..•..•:....• :' .• - •....••... ;.:..••• i.J,.;:::.~.•.•.• utP~C"lA·.u~····• .:;:.~ ••••.•• Ai. ..Iw••..tJ .•• ..,,4011.'••.••.•"" ••••••.•• _ C

".0 .~ •• ~~:..::,~~ .•• :u.:;:::::~~;.:!t~."J:: :::~..-:::~..u!dulf -:,an ~:.: ~n£:i ~'J ~Jni..,n:::~rU~~·; »"ni~", .... (Added by Stata.1970, Co 1l82, p. 2090, § 6. Amended by Stats.1982, Co 104l,p: 3791~'1'9; Stata.l987, ·~l::~~O~~~~~~~:~~:'~~::.<~~~~~:~~~~~~:~.~~..::··:i~~:;;~;~~i~~~;;~~~:~::~:;~~::'1:~~~ · ~ADocba' f 11676, '.dd.l br StUa.1912. =::1041 •.··•. 10."::' .A. .... ~m :":';~.s:ha .:'-;:'.,:,~.~ l);).;.lOo":~l: .011, f ·13... . .• ~:;-::•• :\, .._.~. :., :I.~ .: :-=- .~~~~G·: ;.:. ~:,: 5:~: :.~~::~i~:';:,''''':~ ::. ~ : :~.':t..:':'~'~:,·~i::~~~':"::'; . ::;'*. ..' .. .- " • ••• , ..•• :••••••. :: •.••• :_~"':-: .• ~: ".",! '::.. ...:{~".~;..:~ •. ~~,: ~~I~r···d~•..~·'; •• :~:~•.•: ;,1:~.••,.:::~,'· .::; ·tJ~~aj :r:.~ :~..'~.~;..••;7 '..:? § 21616.5. :.Local qenCf plan renaiolUl; ,:oyerru11nC of commiuion by local qener.. ·.farther : _.' •.•- . •..... reYiew ~ .... :.. ~;:.::-:-:-::.:....,! ~.~ ",\ ~.•.:::...~••.•~~_;;:.:i;;~~ ::-::(a) If the commission finds that a local agency baa not revised ita general 'plan ar specific plan or overruled the commission by. a tw~thirds vote of its governing body after· making specific findings that the proposed action is consistent with the purposes of this article as stated in Section 21670, the commission may require that the local agency submit all subsequent actioDS~·regula.tions, aDd permita to the commission for review until ita general plan or specific plan is revised or. the specific findings are made. If. in the determination of the commission, an action, regulation, or permit of the loeal agency is inconsistent with the commission plan, the local agency shall be notified and that loeal agency shall hold a hearing to reconsider its plan. The local agency may overrule the commission atter the hearing by a tw~ vote of its governing body if it. makes .specific findings that the proposed action is consistent with the purposes of this ~e as stated in Section 21670. .~." - '(b) Whenever the local ~cy hu revised its ge~eral pian:'or' ~~ian 'ar ba ~verruled ~e · commission pursuant to subdivision (a), the proposed action of the local agency shall not be subject to. · farther commission review, unless the commission and the local agency agree that individual projeet3

shaD be reviewed by the commission. : .' ~. .,' -."~' ..... : ~"". . .:. Jo",) •••••• '"'' .';" ••• _. ;'. · (Added by ·Stata.1984, Co1117, § 6.) ;::-< :::..L._: -"~,,-' ~.: .: ••:~-:~:.~~: -•• ~ ::·:·)7.!if~ ..".:.~;.•,~~~..•~ ~~~~;;.!~~r;~

LIIlnr1 Rat_ ." -; .;_ i' ~:.: ..•-r : . ..;-:'::•...; .CJ.s.: Ai:nmamics _.Aerospace If 19. 64. 70,:119• • A~ ~16, 12'. :.: ". -. - .. ' 7"'~ .•:•.• "::: •••• .: :.CJ.5.Halttl_ b¥iroamcal.§§ 61. 129.131. ,:~~:-::-:' "7~~ ~ ..~~ ..;,::::::~:~:i.·.:.~~~.::"7;': .~~_:X~~··~..;~r:~.::~~.::~'::;~/,<~-~;~;:;~.;.~/~~::...~.~'~.~::~:.~.:'..:.;~··.~i~~~~ §: 21m. ·..County of Marin;'oYerrWe of county airport land use cominiuion:: .':. ~...";' ..~. "~J • ",- ••• ••• •••• •••I • ••••• -_; .' ••• • •• ..'... '0 ••'., "," ••••• •• , ....". "," .' ••••••••.• : '"Notwithstanding • • • Section' 21676 • • ••, any public agency' in the County 'of Marin may overrule the Marin County Airport Land Use Commission by a majority vote of its governing body. (Added by Stata.1975, Co 934, p. 2063, §). Amended by Stata.1984, Co 144, § 173.) .. _>. '.; <~,.:..;.1

U'15 T...... " : .... "7 •.•• ,p .• rew ~ wittIia f!Ie Coamy oCMariB _ th8 ~ · Scriaa 1 at StalLl97'. Co 934. P. 2063. provided: .~ •..;.._.few paDlic apacia 16-=ed bysadl ~ n. ~ '- -n. I cp'emre ftDdI aDd dcJans Wl this biD is _ an farUIcr 5Dda •• ciII:ianI Wl ua. CoalY at Mum is .., __ special raaa _ =-a ••••• ~ie to ua. die oaJy coumy ~ Wl tile parpcIIe at tbia -= is CoaDcy at Maria. •• DO& paaally Ippiil:8OJe III&U U. iDqlauibJe to "CI'GIIIplilb br ., a-nI law. ad tba& -aaq»lh/mrc at tbia ~ ~ by., a-a1 spcial J"IIi".riCllll appiic:abIe oaJy to tII8 CoaDq at Mum. is Jaw. sa raaa •• c:i:t 'Wi' _ iDI::lude tbc ~ .,. dl&ft{on ~.':" ..• _.• _ ..' ...._.. .'-:: · . ;..... " -' . ••••• •. •• • ...• " ; •. '~"." ..•••• I •••••:.

:-:::-::~:'", :,.::~' :.' •.&'f. ...~. c· ..•:.~ .0, ::'~7':'''''':;· .••;:-.;- .::".;_.:--~""."."'! :..'~.. ·.? •.•....I.. :;::~:;'~: I 21618. Pubne acme,- dec:iaion to oyerride airport land 11M collUlliaaion action orreconuaeada- don; airport opera&Or immunity from daInaca .' .10".; .'j.:.:.~::

.' ••••• ~# :~-;...:~ :": · '~.•• WIth respeet to &publicly owued airport that a public agency does DOt opcUe,·if the public ~ pms1WIt to SectioD 21.67&or 21.67&..5cmema.. a commiuion's action or recomDlendatiaD, the operstar of the airport abaIl be jmmtme :from liability for damages. to propett) ar pencmal injury .•••• ,... ~ • ~ IndIcadit ••• doI•• by •••• .an.nt cauaed" by or resultiDg directly «' iDdirect1Y from the pubUc ageneTs dec::isioDto· override ..the Cil."'"'"jaaiou's act:ionor recommendation: ::~'•.;~.:.:~.: r.. ::: .;.•..:. :.:.:-.;'~. ,.:~ •...:.,..:~.••: ,;.,.;--:-;: ;l:ic.:.; /' ••.•• ~~ :~~:..=:-;.~..':'.' "...:<~:~;:-:~'="-. :i.:."~.:~:::.:;'::':r'~:;:\~~'~'~; ::~';;'';~'::i...:.~. ;~.~'i;;:':~'~~~.~~~~~ (Added by Scus.1982, Co 1041, p., 3798,.§ 11.' Am~ed by St:&tS.19s4, Co 1117, §' 7; Sta~87;~' ~~18,t1.4;L;=~=:-~;.~:;.~;.~i::·~':';:~'''';;;~:~~.:'~-~..::;;~:.~:c,~~~·fr~i"~'.' ~';~'~!l:~'~~;..;;;.'~~';~~. - • ,'_ ... '. --- •••-. ..••.••••••••...••••••...••..•. : .•.•.•. L' .'~.' •... -•.•.••..•• ,~ .. '"'_.. ".'-"7-.: .•• ;.~. §.%1679:. Counties Without a land 11McallUlliuion or desipated bodr. proceedinp to poatpone actiODa affectiDr zoDiDr or land 11Mnear public airport; airport operator immlUlity .r';;•••..~.c-j,~i.. from liab~~.: ~ .',.•:~~:;..z.;'::~:' .:~; l"_~' ·:"·tr~.':;. .:":' .f;:~f·..•~...:::~" .' ;":--.:.:...:.;':.:~ _~~j~4·. (a) In any county in .••.hich there is no airport land use commiaaion or other body designated to' uaume the responsibilities of aD airport land use commission, or in which the commi'lion or other desipated body has DOt adopt8d aD airport land use plan, &D interested partym&y initiate proceedings in a court of competent jurisdiction to postpone the effective date of a zoninr chaDp,' a zoning variance, the issuance of a permit, or the adoption of a regulation by a local apncy, which directly affects the ua~. of laDd within one mile of the boundary of a public airport within the county. • (b) The court may issue an injunction which postpones the effective cla.te of the zoninr chanre, zoninr variance; permit, or regulation until the roverninr body of the local arency which took. the action does one of the following: ...... ,.. .. ., ~.~ 7':,', : .' .'-' :, (1) In the ~e of .n··.action which is a. legislativ~ ae:t,' adopts a ~oluti~n declaring that· the proposed action is consistent with the purposes of this article stated in Section 21670.·.~·::;:'.-:;~';' ~'(2) .hi the c:3ie·of an aCtion wliich'is n~t a legislative act, adopts a resolution making findings ~ On substantial evidence in the' record that the proposed action is consistent with the purposes of this .~e stated. in ~~ ..~.62~.:.•~::=:;.:~::.~~··:'~I.~':;L.~.-~::;.; .:::::.'..:~~.'"~:.,..':_ ~:..::~.:.:.;:;.~~ .. (3). Rescinds the action.: ::.:.-:.. '.-",!.::.r: "-::'J' ",;:.• ~':.:·:..;.:. •.v,:::.!,: !,or:.· ~~':'~. : .•.•••. .;.••...•• :: .:: ~:J!:"~,,' •. (4) Am~da its action to make it consistent With the purposes of this article stated in Section 21670; &Ddcomplies with either paragraph (1) or (2) of this subdivision, whichever is applicable.: : '::~~ .. (c) The court ahaIl ~ot ~e aD inJun~ri purs~t to ~iiivision (b) if the lo~ agencY whiclt '~ic~ the action demonstrates that the reneral plan and any applicable specific plan of the· arency accomplishes the purposes of aD airport land use plan as provided in Section 21675:-·' '::-. .,':< ..::::.,',; .

~'... ., .• ' ••": .e. ;. • ';"~ ••:: .eo •• ~::. : • ::.' ";' . ••••• :: •• _ 0° • ° ·'0 •• -ro .• --.-,. (d) .AD action brought pursuant to subdiV1S1on (a) shall be commenced Wlthin0 30 cla.ys of the. decision or within the appropriate time periods set by Section 21167 of the Public: Resources Code, whichever is longer ...· .0_ . . .. f" •• _-; ••••••••••••.•• ,,,;::.: •• . (e) If the iOverning body of the local arency adopts a resolution pursuant to subdivision (b) with respect to a publicly owned airport that the local agency does not operate, the operator of the airport shall be immune from liability for damares to property or personal injury from the local agency's dec:isicm to proceed with the zoning chaap, zoning variance, permit. or reruIation. . . (f) As used in this section;·"interested party" means any owner of land within two miles of the boundary of. the airport, or any. orpnization with a demonstrated interest in airport safety and efficiency ... ~'~'.... :: .~-;":..:..~':.:!~~ :../( ••• ~ ~•••• ':.; •. ~.-:; .""';;:.~_." •• ~: •• : r .•.~._; .•~;:: :·~~··u0 ••• ~ ~ ;;~.: ~~:=_~~"::~':'-:~r.. (Added by Stai3.i987. c: ~~~. §}s:.~'~'"~:;•..::~~'.~'...~~;~..'~: ..":~,.,,~.~.. '. .~-_..:";: ::~-.~;~.,,~,:-.~'. :. CNEL or Un. dBA 11 60-65 65-70 70-75

schools,libraries,hospitals,nursing + 0 homes churches,auditoriums,concerthalls + 0 0 transportation,parking,cemetenes ++ + +

Commercialand Industrial offices,retail trade service ++ + 0 0 commercial,wholesale trade, ++ ++ + 0 0 warehousing,lightindustrial General manufacturing,utilities ++ ++ ++ + ... extractive industJy,

Agricultural and Recreational cropland ++ ++ ++ ++ + livestockbreeding ++ + 0 0 parks,playgrounds,zoos, ++ + + 0 golf courses,riding stables. ++ ++ + 0 0 water recreation outdoor spectator sports ...... + + 0 amphitheaters + 0

LAND USE INTERPRETATION/CONDITIONS ACCEPTABILITY

+ + Clearly Acceptable The activitiesassociatedwith the specifiedland use can be carried out with essentialIyno interferencefrom the noise exposure.

+ Normally Acceptable Noise is a factor to ba considered in that slight interference with outdoor activities may occur. Conventional construction methods will eliminate most noise intrusions upon indoor activities. o Marginally Acceptable The indicated noise exposure will cause moderate interference with indoor activities when windows are open. The land use is acceptable on the conditions that outdoor activities are minimal and construction features which provide sufficiant noise attenuation are used le.g. installation of air conditioning so that windows can be kept closed). Under other circumstances. the land use should be diacouraged.

- Normally Unacceptable Noise will create substantial interference with both outdoor and indoor activities. Noise intrusion upon indoor activities can be mitigated by requiring special noise insulation construction. Land uses which have conventionally constructed structures and/or involve outdoor activities which would be disrupted by noise should generally be avoided.

-- Clearly Unacceptable Unacceptable noise intrusion upon land use activities will occur. Adequate structural noise insulation is not practical under most circumstances. The indicated land use should be avoided unless strong overriding fectors prevail and it should be prohibited if outdoor activities are involved. Excerpts from Federa1 Aviation Regu1ations Part 77-Obiects Affecting Navigable. Airspace

Subpart A-General is pbnned :md is so indicated by :m F _-L-\. I 17.1 Scope. a.ppro\"ed airport la)'out plan; a. military .This Part-" sen"ice appro\-ed military airport layout (&) Esbblishes stand:mis for determining pl:mj a.ny other F A.A.planning doctunent, or obstructions in na vig:l.ble &irspllce; miliury ser\·ice milit:lr)' a.irport pl:m.:ling (b) Sets ror-..n the requirements for notice document. to the Administr:J.tor of cerbin proposed con- C:Utility mnw:!.y" meuI".5 iI. mnway that struction or alte.ntion ; is constmcted for and intended to be used (e) Provides for :leronautic3.1 studies or ob· biopropeller driven aircr'"J.ft of 12,500 pounds structions to :l.ir nll.i~tionJ to determine their maximum gross weight and less. effect on the sllfe and effic:ent U53 of 8.iI"St)llce; "Yist1:l1 runw~~)":' me:tns a runw:l.Y in- (d) Provides ror public he:trings o~ the tended solely for the opp.rntion of airc:":l.rt hll%:1.rdous effect or proposed construction or using \Oisu~l approa.;h tJloocedures, with no :L1ter:ttion on :lir nllvigation; and st~ight-in inst·rument :tpprollch procedure (e) Provides for e..c:ta.blishingantenna rarm a.nd no instmment designat.ion indicllted on areas. 3.D FA_-\. a.ppro\-ed a.irport la)'out plan, a milit:Lr:o ser .•-ice apPL"O\-edmilit:1.ry airport ! 7702 Oefinition of ie;ms. layout pl:x.n, or by any pl:l.nning document For the purpose of this P:lrt : submitted to t.i.e F .-L-\. by competent au- ".'tirport a\":l.illlble for public use" means thorit)·o an airport th:lt is open to the gener:J.I public ~ith or without 3. prior request to use the ! 77.3 Standards. 3.irport. (a) The sb.ndards esbblish~d in this Pa.rt "A senpI:me baser. is considered to be an for determining obstructions to air navigation a.irport only if its ~ lanes are outlined :l.reused by the .A.dministr:t.tor in- b}"visual mMkers. (1) Administering the Feder:x.l-aid Air- "Xonprecision iustnlment nm~ll)'~! me:ws port Prognm and the Surplus .'tirport Pro- . a. nmwny h:wing :m existing instrument gr:tm; approach procedure utilizing nir IU\ \·i;'''':1.tiol1 (2) Tr:t.nsferring property of the United facilities mth only horizontal j.Fuidnnce. States under Section 16 of the Federlll Air- or area type nu.dg-.ltiol1 equipment. for port Act; ~hiclt II strni,trht·in nonprec!sion instnunent (3) De,-elo[>ing technic:t.l st:lDdards :lnd :lpproll.ch procedure h:1S been 3.ppro\·ed. or guidance in the desi~ryl :lnd construction or pllUlIled, imd for ,.hiclt no precision :1p- airports; and prol1ch f.lcilities :Ire planned, or indie:tted on (~) Imposing requirements for public an F..:L-\.plnnning document or milita.ry ser\o. notice of the construction. or alter:J.t.ion of any ice militllry llirport planninfr document. structure where notice will promote air "Precision instrument nmw:lY~ menns a. safety. mnw:l.Y hl1\-mg lln uistin~ instnlment 3.p- (b) The standards used by the Administra- proach proadure utilizin~ 3.D Instmment tor in the establishment of flight procedures Landing System (ILS), or a. Precision Ap- and urcr:J.ft oper:ttionll1 limitations are not proRCh Rl1d:tr (PAR). It :1lsomenns:l rnn- set forth in this Part but are contllined in other way for which :l precision apprOach system publi=t.ions of the Administntor. I 77.5 Kinds of objects affected. § 77.13 Construction or alteration requiring This Pl1rt l1pplies to- notice. (3.) .!.IJ.y object of n:ltu~l growt~ ter:-:tin, (:I.) E"cept :l.S provided in § ii.IS, each or perm:ment or tempon.ry construction or sponsor who pl"Oposes any of the follo~ing alterstion, including equipment or IruLteri3.ls construction or :l.lterntion shn.ll notify the Ad· used therein, l1nd a.PPlll':l.tus of s. perm3.nent ministr3.tol" in the fOl"mand manner pnscribed or temp0r:1rY ch4l':lctar; s.nd in § 77.11: (b) .!lten.tion. of s.ny perm:ment or tempor- (1) Any construction or :tlterntion of ary uisting structure by :I. change in its heigh.t more th:ln 200 feet in h~ight 3hove the (including appurten:mces), or late1":J.1dimen- ground level at its site. sions, including equipment or m:!.terb.ls l1!ed (2) Any constl"1.t<"tion01" .\)t(!r:ttion of therein. gre:1.ter height th:t.n :m im:tgin:l.rj sur!:l.Ce e."Ctending out;\":\l"d :md upward ·at one of . Subpart 8-Notics cf Construction the following slopes:

c:r t',It~r=tion . (i) 100 to 1 fOl" :L hol"izont.\! dist:tnce ! 77.11 Scope. of 20,000 feet. from the ne:l.~·est point of the ne:trest run \"-:ty ;;f e:l.ch :l.irport speci- (s.) This subpart raquires each person pro- fied in !lub!,:\r~,(rr:1.ph (S) of this p:l.r3.- posing any kind of cor.struction or 11lter::.tion ~r:t.[>hwith at )(!:tst01".8runW:l.j"more th:'tn described in § 7'i.1S (~) of this ch.'\pter to gi~e a.dequ3.tenodce to :;:n Ad!:lh"lis~to:'. !~spac:- :~~OO feet in :l.cnt:tl length~ excluding heli· fies the 10c:ltiollS :md di:nensions -:i the con- P°l"cs. struction or 3.1~r::.tion for which notice is re- (ii) 50 to 1 for a hOl"izontal distance quired a.nd prescribes the form and m:lnner of of 10,000 feet from the ne:lrest point of the. notice. It also requires supplemental the ne:lrest. run\\·ay of e:lch airport speci- notices 4:8 hours beiore the sta.r: :lnd Utlon the fied in subp:lr:tgrnph (5) of this p3.~- completion of cert:l.in constr.lction or· alter:1- gn.ph \\'ith its longest runway no more tion. th3.t was the subject of 3. notice under th:ln 3,200 feet in :l.ctual length, e:s:cluding § 77.13(&). heliports. (b) Notices received under this subpa.rt pro- (iii) 25 to 1 fOl"a horizont:l.l dist:\nce vide a.b3.Sisfor- of 5,000 feet from the ne:l.rest POh"1tof the (1) Ev~u3.ting the effect of the constr.lc· nen.rest landing :l.nd t.:Uceoff:t.rell of e11.ch tion or 3ltention on open.tiona.l procedures helipon: specified in subpllr3.gt':l.ph (5) of and proposed opention&1 procedures; this pl1r:tpph. (2) Determin:l.tions of the possible hu- (3) Any high'IV:I.y, r:Wrol1d, or other a.rdous eifect of the proposed construction or tnverse \vay for mobile objects, of :I. height a.lten.tion. on a.ir na.vigation ; which, if adjusted up,mrd li feet for n.n (3) Recommendations for identifying Interstate High\my that is p:1.rt of the Na- the construction or alterntion in accord:mce tional S~"Stem of )Iilit:lry and Interstate with the current Federnl Aviation Adminis- Highw:l.)"S where o\'ercrossings :lre designed tn.tion Ad\'isory Circular AC iDj7 ",*60-1 en- for 3. minimum of 17 feet vertic:t.l dist:mce, titled "Obstnxctioll :\farking and Lightingt" 15 feet fOl":my other public. ro:ldwny, 10 feet which is l1V3.i1ablewithout charge from the or the height of the highest mobile object Department ot Tmnsportation, Distribution thAt would normally tn.verse the rol1d, Unit, TAD 484-.3, W3.Sl1ington~D.C. 20590; (4) Determining other a.ppropriate mess- . whiche\-er is grenter, for & pri"·llte ~d, 23 uns to b. a.pplied for continued s&fety of feet for :Lr:lilrolLd, :md for a waterw:z.y or air naviption.; and . any othertr.Lve~e \V:LY not previously men- (~) Charting and other notifiC:Ltion.to air- tioned, :lJ1:unO\lnt !qUill to the height of the men of the construction or a.lter.Ltion. highest mobile object that would normally tr:n-erse it, would e:tceed :l standard of 51tb· '77.15 Construction or alteration nat requir- pangr:tph (1) 01' (2) of this pangnph. ing notice. (~) 'W'hen requested by the F•.\..A., an:•. No person is required to notify the Admin- construction or alterntion that ~ould be in istrator for any of the following construction an instrument approach. ~ (de.fined in the . or altention: FA ..\. sunduds governing instrument ap-· (a.) Any obj ~t th3.t would be shielded by pronch. procedures) and a.•••:til:1ble informll.· uisting str.lctures of :so permanent and sub- tion indicates it might e:tceed :t.st:mdard of st:mtial character or by n:ttur:tl terrain or topo· Subpnrt C of this part. gnphic fe:l.tures of equal or gre:1.ter height, (';) An:· construction or a1ter:ttlon on and would be looted in the congested area. or any of the follo\"ing 3.irports (i."lcluding l\ city: town, or settlement where it is evident heliports) : ' beyond a.ll reD.Sonable doubt th3.t the structure (i) An airport that is ll\·ailable for so shielded will not 3.dnrsely nfi'eet sdety in public use and is listed ill the Airport air na .••ig:1.tlon. Director:· or the cur:'ent Airman's Infor- (b) Any antennll structure of 20 feet or mation )!n:ltI:t! or in either the' AI:lSk:!. less in height e~cept one that ~ould increase or P:t.ciiic .\irm:t.ll's Guide :tnd Ch:lrt Sup- the height of another :tntenn:l structure. plement. . (c) Any air n:1.\"igntion fucility, airport (ii) •.\.:1 airport. under construction, \-isu:t.l nppronch or l:mding aid, airc~ft a.r- that is the subjec: of a notice or propos:ll restinl! dedee, or meteorolofr!e:l.1 de\-ice, of a on file \t'it.~ the Feder:t.l A,·iation Admin· type appro\-ed b~' the Administ~ltor. or an istrntion, and e.'tcept for milita.ry air- appropriate militar:: sen'jce on milit:1.ry air· ports, it is cle:lrly indic:tted· that that :tir· ports, the location and height of \\"hich is fi~ed pon: will be :n-ailable for public use. by its functiona.l purpose. (iii) An airport that is oper:t.ted by :tn armed force of the United States. .(d) Any construction or :tlter:ttion ror which notice is required by any other F ..-L\. regulation. (b) Each sponsor who proposes construc- tion or :tltemtion tbt is the subject of 3.notice § 77.17 Form and lime of notice. under par:1gr:t.ph (:t.) or this section and is adrised by an F ..-L\. rel:rional office that a (a) Ear.h person ,,·ho is required to noriiy supplemental notice is required shall' submit the Administr:ttor under § ii'.13(:l) shl111send eh:1t nonce on :L prescribed form to be receh-ed one e:i:ecuted form set (four copies) of F ..U by the FAA regional office a.t least ~8 hours Form i~6o-1,Notice of Proposed Construction before the st:lrt of the construction or a.ltera- or Alteration, to the Chief, Air Traffic Divi-- tion_ sion; F ..L\. Regional Office haring jumdicoon over the :tre:l. within which the construction (c) Each sponsor \"ho undertakes construc· or alteration will be located. Copies of F ..L\. tion or alterncior. thllt is the subject of :L notice Form T~o-l may be obtl1ined from the head- under p:tr:tg~ph (ll) of this section shill, qU:1.rters of the Federal .A.via.tion Administr:t- within 5 da.ys :liter that construction or altera- tion and the, regional offices. tion reaches its grel1test heigh~ submit a. sup- plemental norice on a. prescribed form to the (b) The notice required under § 7i.13(a) (1) F ..\...~ regional office h:1.ving jurisdiction o\-er through. (4) must be submitted at least 30 the area involved, if- . days beiore the earlier of the following (1) The construction ,or alterntion is date=t- more than 200 feet l1bove the· sur£a.ca lenl (1). The date the proposed construction or of its sice; or alter:Ltion is to begin. (2) An F A.A regional office :tdvises him (2) The' date an appliotlon for a con· thAt submission of the form is required. struetion permit is to be filed. However, :I. notice relating to. proposed con- ! 77.19 Aclcnowledgment of notice_ struction or :11teI':1.tionth:l.t is subject to the (a.) The FA_-\.a.cimowledges in writing the .licensing requirements of the Fedcr:11 Com- receipt of en.ch notice submitted under § TI.1Z munic=.tions .~ct may be sent to the F A.~ at the (a.). same time the appliQtion for construction is (b) If the construction or altera.tion pro- £UN with the Federa.! Communiotions Com- posed in a notice is one for which lighting or mnrking st:md:1.rds nre prescribed in the F.A..A mission, or at :IJly time before that filing. Ad"isor:; Circular AC iOn -!6Q-l entitled (c) A pro posed structure or an altar:ttion "Obstruction ~brking and Lighting," the to :IJl uisting structure that uceeds 2,000 feet :lcknow!edgment comains :I. statement to ~at in height abo\"! the ground will be presumed eif'ect a.nd infonn:ttion on how the structlU'e to be :I. h:l.Z3.rdto air 11&vign.tionand to result should be marked and lighted L"l. 1LCCOrda.nC8 witii. the Advisor;.' Circular. in an inefficient utilization of o.irspace ann the (c) The acknowledgment sta.tes that an aero- applic:l.nt has t.he burden of o"et-coming thnt nautic:l.1 study of the proposed construction or presumption. E:l.ch notice submitted under tht> a.lter:J.tion has resulted in a determina:ion tha.t pertinent provisions of Po.rt jj prol'0sin~ :t the construc:ion or :J.1ter:1tlon- structure in e:tcess of 2,000 feet al.>o'·e~ro\ln(L (1) Would not e:Iceed any stands.rd of or an :l.lter3.tion that will make nn existilll! Subpart C a.nd 'Would not be :1hs.Z&rdto a.ir structure e:tceed that height, must contain a nn.\"'ig"-tion; detailed showing, directed to meeting thil'i (~) Would uceed :I. stand3.rd of Subpart burden. Onl)· in e~ceptional cases, ,,·here the C but '\"ould not be 3. ha%:1rd"to :Lir na.vigu.. F~\...\. concludes thnc a cle:l.r o.nd compelling' tion; or sho";\"il1ghas been made that it "'ould not re- (3) Would e~ceed a st:Lnd:l.rd of Subpa.rt sult in an inefficient utiliza.tion of the airspnce C and further aeron:l.utical study is n~ and would not result in a hazard to air na ,-i- to determine whether it would be & h.ua.rd to a.ir na Yig'ltlon, that the sponsor mAy re- ption, will 3. determin:l.tion of no haznrd be issued. quest within 30 d:l.ys that :furt.i.er study, and that, pending completion of any further (d) In the c:tse of an emer~ency in'-01,-- study, it is presumed the construction or ing essential public services, public he:l.lth, or alter:i.tion would be a. 1u%:1rdto air na.vip- public safety, that requires immedi:l.te con- tion. struction or alteration, the 3O-day requirement Subpart C-obstruction Standards in p3.r:1gr:tph (b) of this section does not ap- pl}- :IJld the notice ma.y be sent by telephone, ! 77.21 Scope. (3.) This subpart esa.blishes sbndards for telegnph, or other upedltious me:l.ns, \\"ith :tn determining obstructions to air 11&viption. e~ecuted FA_~ Form 7460-1 submitted ,,-ithin "It a.pplies to e~isting and proposed ma.nma.de fh-e d:l:-s there:tfter. Outside nortn:tl business objeees, objects of n:th1.r:Ugrowth, :IJld tern.in. hours, emcrg'!ncy notices by telephone or tele- The st:tndnrds appl:- to the use of navigable gnph may be submitted to the ne:1rest F •.;.:.-\. airsp:tce by aircrnft and to uisting air n:Lriga.- Flight Sen-ice Station. tion bcilities, such as an air 11&viption a.id, airport, Feder:11 airw:lj', instrument approach (e) Each person who is required to nodf:' or departure procedure, or approved ott-airwa.y the Administr:ltor by pl1r:Lgraph (b) or (c) route. Additiona.lly, they apply to a planned of § 77.13, or both, shall send an executed copy f:l.cility or use, or a eh:mge in an uisting of FA.A. Form 11T-l, Notice of Progress of bcility ot' use, if :l propos:U therefor is on. file Construction or AlteI':1.tion, to the Chief, Air with elle Feder:11 .'\.vi:ltion Administntion or Tr:zific Division, F.U Region:r.l Office h:r.ving lln :J.pprol?ri:J.temilit:r.ry S8t"-ice on the date the jurisdiction o"er' the ft.rm in"01"ed. . notice required by § 7i~l3(&) is filed. (b) ..!.t those airports h:t\;ng deti~ed rull- obstruction to :tir ru.\"i~tion if it is of !!re:l.ter w:l.ys with speci:ill:r prep:tred h:lrd suri:lces, height th:m :m.r of the following heiihcs o~ the pdm:try surf:l.ce for each such runW:1\"e.:t- surf:l.ces: . tends 200 feet beyond e:lch end of the rudw:l ". (1) A height of 500 feet :tuo\-e "'round At those :tirports h:l,-mg defined strips ~r level :It the sire of the object. co pathw:l.YSthat 3.reused regul:trl:' for the t:tkiug (2) A height that is 200 feet :lbo'-e olf and landing of airc~ft o.nd ha ,'e been ground le'"el or abo'-e the established air- design:tted b}' o.ppron:lte :l.uthority as runw:l.."S, port ele'-:trion, ·whiche\"eI"is highel",mthin but do not ho.\'e speei:llly prep:tred h:trd s~r- 3 n:l.utiol miles of the established reference bees, each end of the primo.ry surface for e:tch point of :In :lirport, e:ccluding heliports, with such rum\"ay $h:tll coincide with the cor- .its lon~..st I'U11'''':l::more th:tn 3,200 feet in responding end of the run,\":tV. At those :lir- accU:ll length, :lnd th:lt height increases in ports, e:ccluding se:tplane bas~, h:lving ~ de- the pI"oportion of 100 feet for ench :tddi- ~d landing and t:lkeoff :1.re:l,nth no defined tionnl n:lutic:il mile of dist:mce from the p~th;v~ys for the la.nding and t:lking off of :lirport up to a. mn~imum of 50Q feet. alrc~tt, a. determination sh:tll be m:tde as to (3) A height within :1 terminal obstacle whic..1.portions of the landing and takeoff are:l. clea.rance nrea, including nn initi:ll :lppro:tch are regularly used as l:tnding and t:tkeoff segment, a departure :lren, and a circling . path,\"o.ys. Those pathwo.ys so determined :ll'proach are:l, ,,-hicl1 would result in the sh~l be _considered ru"l~-ays and :m appro- '"erticnl distnltce between an;; point on the pn:lta pruno.ry surface as defined in § iT.2;3(c) object :md :111eSt:lblished minimum instr'..l- will be considered :l.S being longitudinally ment fii~ht nltitude within th:l.t :lre:l. or centered on e:tch runway so determined, ·and segment to be less than the required obstacle e:J.Chend of that primary surf:tce shnll coincide clear:lnce. with the corresponding end of that rtmway. (~) A hei;,dlt ,vithin :tn en roure oustacle (c) The standards in this subpnrt appl;' to clel1mnce :lrea, including turn and terminn- the ett'ect of constr'.lction or o.lter:l.tion pro- tion are:lS, of :t Fedemlair"\"ay or o.ppro,-ed posals upon an airport if, o.t the time of filin'" off'ilir~'a:' route: that "'ould increase the of the notice required by § ii.13(:l), th:lt air~ port is- minimum obstacle cle:lr:l.nce altitude. (5) The surface of :1. takeoff and Inndinl1" (1) A,~i1:tble for public use :tnd is listed :I.re:tof an airport or anv im:t~inarv sUrfac; in the Airport Directory of the current Air- established uuder §§ jj ~5, ir.2S, ~r jj .29. m:ll1's InforIn:ttion ~!anual or in either the Ho\t'e\-er, no pnrt of the tnkeoff or lnndin ••. Alasb. or Pacific Airm:m:s Guide and Ch:l.rt -aI'e".litself will be conSidered :m obstrtlction~ Supplement; or, _(2) A planned or proposed airport or an (b) E~cept fOI"tr:l '-el'Se ~-:l\"5 on Or lihr :I.1rport under construction, th:tt is the :m :tirpoI"t .with an oper.lth·e •ground traffic subject of :l.notice or proposal on file 'rith control sen-lce, furnished by an :tir tmiRc con- the Feder:tl A\"intion Administmtlon, and, trol tower or by the airport m:ma!!'!ment :md ~cept fOI"milit~r:' :Urpons. it is de:trly in· coordin:l.ted with the :tir tr:lffic con;rol sen'ice diC:Lted tMt clut air-port ,,-ill be :w:til:l.ble the st:lndards of p:l.~grnph (:I.) of this sectio~ for public use; or, llpply to tr:werse '~ys used OI"to be used ror (3) An mport that is oper:lted b,' an the pnssnSl! of mobile objects only after the armed forca of the United St:ttes, . heights of these tr:l"erse w:1}"Sare increased . (d) [Deleted] by: (1) Se\"!nteen feet for an Interst:tte High- I 77:J:J Standards for determining obstruc-· WllY that is purt of the Nationnl S}"Stemof tfons_ afilit:try and Interstate Hi!!hw:n-s ~'here r&) ~ e:cisting object, including :t mobile' o\"ercrossmgs" are designed for" :l -minimum object, lS, :m~ :L future object would be, :m of 11 feet ,-erticnl disUIlce. (2) Fifteen feet fOtO:my other public ro~\do the prim~\ry surr:lI.'t: e~tends 200 feet beyond wll.y_ en.ch end of that nlnw:ty: but ,,·hen the run- (3) Ten feet or the hei;.:ht of the hi!!hesc \\":\y hns no specia.lly prepared hard surface, or mobile object thn.t would norm:tlly trn \-erse l,lnnned hard surfnce, the l'rimnry suri:tce ends the rond, whiebe\Oer is greater, for :t prh-ate . ;\t ench end of th:tt. nlnw:ty. The ele\p:tt.ion of rond. any point on the primllt'i· surface is the sume . (4) T"·enty-tluu feet fat· ;\ rnilrond. as the ele\-ation of the l1e~\rest point on the (5) For:t wn.ter",,"~\Yor any other tn1.\-erse nmwa.y centerline. The width of :1. primnry "fIt3.ynot previously mentioned, mn I1.lnOUllto sumce is: - equal to the height of the highest mobile (1) 250 feet for utoi1ity runw:\ys h:l.\"in~ object thn.t would normn.lly trn\-erse ire only visual :tpprol\ches. I 77.2S Civil airport imaginary surfaces. (2) ~OOfeet· for utility nmw:ty:s h:\\"in;.: The following ch-il· :tirport inmginuy sur- nonprecision instnlment :\l)l'ro:tch~. faces llre esublished with relation to the air- (3) Fat· qthel· thlll1 utilici· nmw:\i"S the port and to e:tch runway. The size of eneb ,vidth is: such imag!naI'"j SUrI:l.Ceis based on the cn.te- (i) 500 feOetfor dsunl run'~l\i·s hl\\-ill~ gory of !:tch runway according to the type of onl:- ,-isunl approaches. approa.ch a,,·ailable or p1:l.nned for that run- (ii) 500 feet for nonprecisioll instru- way_ The slope and dimensions of the ap- ment runways h:l.\-ing \-isibility minimums proach surface llpplied to e:lch end of :l run- gre:lter than three-fourths statute mile_ wayan determined by the most precise (iii) 1,000 feet for :l. nonprecision in- appronch uisting or planned for tha.t run","ay strument runwllY h:win~ :l. nonprecision end. instrument approach with visibility mini- (a) Horizonul surface-a. horizonul pIlUle mums as low as three-fourths of a. stat.ute 150 feet abo,,-e t.~e est::I.blished airport eleva- mile, and for precision instrument run- tion, the perimeter of whic..i. is constructed by '"'i"5· swinging:lore=>of specified t"3.diifrom the center The width of the primllry surfnce of :\ run- ot each. end of the prUnllry suri:l.ce of eac..~ \vay will be th:t.t. \\"idt.~ prescribed in this run'W:\y of e:lch. airport :le"ld connecting the section for the most precise approllch. e:tisting adjacent llI'CSby lines tllngent to those arcs. or pla.nned for either end of tha.t runway. The radius of each are is: . (d) Approach surface-a. sur:f:lC8 longitu- (1) 5,000 feet for nil ruuways design:lted dinally centered on the e:ttended run"-ay as utility or visual; centerline and e:ttending outwn.rd and upward (2) 10,000 feet for :111other run'rnys. from en.ch end of the primn.ry surface. .An The radius of the a.re specified for each end approach surfllCe is applied to each end of en.ch of a. rUntva.y will hll'·e the same arithmetic::1l rtmwllY b:l.Sed upon the type of appron.c:h wlue. Thn.t vulue '!,ill be the highest deter- llv:Wn.ble or pl:mned for that runWllY end. mined for either end of the runw:lv. When a 5,OOO-foot:tre is encompl1SSedby ~nts con- (1) The inner edge of the approa.ch sur- necting two lldjacent 10,000-£00t a.rcs, the :bee is the same width as the primary 5,000-fool: a.re shall be disreg:lorded on t.~e con- surface and it e:tpands uniformly to a struction of the perimeter of the horizont:1l width of: surl~ (i) 1,250 :feet for thn.t end of a utility (b) ConiC:11 SUrfllCe-:t surb:e extending runway with only visual11pprollCh8S; outward md upwa.rd from the periphery of (ii) 1,500 teet for that end of a run- the horizontal surf::t.ce at a slope of 20 to 1 WILy other th4n a.utility runwllY with only fen- & horizont:L1 distance of ~OOO:feet. visual a.pproaches; (c) Primary surf:lc:e-a. surbce longitu- (ill) 2,000 feet for that end of 11 tltility dinalIy centered on ll· runW&y.· When the runwllY with a nonprecision instrument l'Unwa.y hAs a speciJJlly prep&red hard Surf:ce, approach; (iv) 3,SOO feet for that. end of tL non- is constructed by 5CrlOtng a.n arc with a precision instrument run,r.ty ocher t.h:tn r:idius of 1,500 feet 3.bout the centerline at utilit)-, h:u-iug ,-isibility minimums ,zrenter the end of each runu-:l.y and interconnecting tha.n thne-fourths of ~ st:\tute mile; these arcs with t:lngents., . . (v) 4,000 feet for that end of It non-. (2) C01f.iI:aZ nsrfat:1I-1. surface El%tending precision instnlment rnnW:l}O,.other tlll111 from the periphery of the .inner horizontal utility, hadng n nonprecision instnunent surface outW3.rd and upward &t I. slope of appronch mth ,-isibility minimtuns as low 20 to 1 for lL horizontal distance of 7,000 n.s three-fourths st:ttute mile; and feet tl? a. height of ~oofeet a.bove the estab- (vi) 16,000 feet for precision instnlment lished airneld elevation. ronwnys. (3) Outtt' la.orizO'l'Ltal mrface - a 'plane, (2) The approach SUr£:l.cee~tends ·for :\ locs.ted ~oofeet &bove the established m- horizontal dist:mce of: ~eld elevation, extending outwa.rd from the _ o(i) 5,000 feet nt It. slope of 20 to 1 fot· outer periph.ery of the conical surface for 1\ aft 'utility and ,-isllal runways; horizontal distance of 30,000 feet. (ii) 10,000 feet a.t l\ slope of 3-1 to 1 (b) Rela.ted to ~ttca.Y$.· These surf:1ces for :111nonprecision instnlment nmways apply to :111milit:l.ry nirports. other th:m utilit)-; and, ( 1) Prim:l.ry surface-a surf3.Ce l~ted (iii) 10,000 feet nt 1\ slope of SO to 1 on the ground or w-ater longitudinally with an a.dditional 40,000 feet at n slope of centered on e.-tch runwa.y ",-ith t..i.e same 1 40 to for all precision instnlment ron- length 115 the nmu-:l.Y_ The width of the W:l.ys_ prim:1ry surfnce for runW:1YSis 2,000 feet. (3) The outer ',"idth of an llpproach sur- HO'l"e.••.er, 3.t est:1blished b:tSes where sub- face to nn end of a runwa.y will be th:l.twidth st:mtia.l construction has taken place in ac- prescribed in this subsection for the most cordnnco ,,-ith :L previous latenl cle&r:ulce precise npproach e~isting or planned for criteri:1, the 2,OOO-footw-idth ma.i-be reduced that rnnu-:l.Yend_ to the former c!'iteria. (e) Trnnsitional surfuce-these surfaces e:(- (2) Clea.rztme mrface-a. surface locs.ted tend outW'ard and upward nt ri~ht angles to on the ground or water at each end of the the runu-ay centerline and the nmu-ny center- prim:1ry surface, u-ith a.length oaf 1,000 feet line utended at II. slope of i to 1 from the and the same width as the primary surfaca. sides of the primnI')- surince and from the (3) J!pproach ckarrmce mrfat:e-s.n. in- sides of the a.pproach surf:teeS- Trnnsitional clined plane, symmetrical about the runway surfaces for those portions of the precision centerline extended, beginning 200 feet be- approach surface w'hich project throll;;h nnd yond each end of the primary surface at the beyond the limits of the conic:lI surface, 8."C- centerline elevation of the runway end .and tend a. distnnce of 5~OOOfeet mensured hon- e.xtending for 50,000 feet. The slope of the zontdly from the ed~ of the approach surfnce approach cle:t.r:mce surf3.ce is SO to 1 along md a.t right angles to the run"":l}-centerline. the run\\"3.y centerline utended until it reaches an elevation of SoO feet above the I 77.27 [Revok.dl established airport eleV3.tion. It then con- I 77 .28 Military airport imaginary surfaces_ tinues horizont:111y at this elevation to a. (n) RelatMJ to airport rsferntce 710';"','_' point ~O,OOOfeet from the point of begin- These surfac&s :a.pply to all military airports. . ning_ The width of this surface a.t the run-. For the purposes of this section :L military :tir- oway end is the same as the primuy surface, port is ~y :LirPort opernted by nn llnlled force it flares uniformly, and the width at 50,000 of the United Stntes. is 16,000 feet. . (1) [11.1141" JunUantaJ. lU7jaclI-a pllU1e is o . (4) Trrm.titioruil mrfacu-these surfaces oval in shape at ~ height of l~O feet above connect the primuy surfaces, the first 200 the established airfield elevation. The plane feet of the cle:u- zone surfaces, and the &p- pro:z.ch clen.r:z.nceSUrf:lCes to the inner hori- (b) B,liport 41''Proat:Jt .ntrfa.c~. The:l p- %Ont:z.~SUr£:l.Ce,conic=l surf:1.cc, outer hori-' pro::r.chsurbee begins :l.t e:\ch end of the heli- zont:z.l surf:z.ce or other tr::I.nsition:z.1surr:l.ces. port primary surbca with the same width :I.S The slope of the tr:msition:z.1 surf:l.ce is 1to 1 the prim:l.ry surf:z.c:e,:utd utends outw'ard :utd out.w-ud md upw::r.rd at right. :utgles to the upW':z.rdfor :z.horizontn.l dist::r.nca of 4,000 !eet runW':l.y centerline. W'hera its W'~dt.his 500 feet. The slope of the lLpproach surf~ is S to 1 for. ch'U heliports ! 77.29 Airport imaginary surfaces for ·h.li- a.nd 10 to 1. for' milit:l.rJo heliports. ports. (a.) Ilt.Ziptm -primary surf/ZC&. The:l.re:J, of (c) .H tdipart ~0'ftlIl ~fat:u. These the primn.ry surf:l.ce coincides in size md sb:1pe surfa.ces extend outw:z.rd :md uoW'&rd from the W'i~ the design:l.ted t:1.keoft md hnding :l.re:J, lateral bound:z.ries of the heiiport primuy sun:LCe :md from the :.pproach surf:z.ces :.t. :z. ot lL heliport.. This surbee is :z. horizont:z.l plane :z.t the elention of the established heli- slope of 2 to 1for a. dist:1nce of 250 feet mea.s- port eleva.tion. und horizont:z.lly from the centerline of the primlLry ,:utd 'appro:l.ch surbces. APPENDIX D

Sample Proposal Implementing Density Standards

Following is a preliminary proposal by the City of Vacaville for requirements to be added to the City's zoning code to implement the density standards in the Airport/Land Use Compatibility Plan. This proposal, with the following changes, is consistent with Plan density criteria:

1. Delete hotels and motels from "Normally Not Acceptable Uses" in the B zone.

2. Prohibit large assemblages (more than 300 persons where grouped in close proximity, i.e. theaters, auditoriums, conference facilities, etc.) and captive groups (more than 100 persons in structures, e.g. jails, nursing homes, etc.) under flight tracks in the F zone. . - Pastures and open space - Parks with very low intensity uses - Aircraft tiedowns - Auto Parking - Nurseries - Outside storage - Any other uses which are conclusively determined by the Planning Director to have an anticipated density of less than 10 persons per acre in buildings and less than 15 persons per acre outside of buildings on the basis of specific floor plans and other related information. - Any other uses which are determined by the Planning Director and the Airpon Land Use Commission to generally not have an anticipated maximum density of more than 10 persons per acre in buildings, and not more than 15 persons per acre outside of buildings on the basis of specific floor plans and other related information.

- Warehouses - ML Zoning District uses - MH Zoning District uses

- Any substantial assemblage of people - Any structure that exceeds the height limits established herein - Any noise sensitive uses - Any residential uses

- Acceptable Uses from the A Zone - Parks with low intensity uses - Nurseries - Warehouses - Manufacturing uses permitted in ML Zoning District - Manufacturing uses permitted in MH Zoning District - Any other uses which are conclusively determined by the Planning Director to have an anticipated density of less than 20 persons per acre in buildings and less than 40 persons per acre outside of buildings on the basis of specific floor plans and other related information.

- Any other uses which are determined by the Planning Director and the Airport Land Use Commission to generally not have an anticipated maximum density of more than 20 persons per acre in buildings, and not more than 40 persons per acre outside of buildings on the basis of specific floor plans and other related information.

- Retail uses - Office uses (except as accessory to Acceptable Uses) - Hotels and Motels

- Any substantial assembly of people - Any structure that exceeds the height limits established herein - Any noise sensitive uses - Any residential uses

- Acceptable Uses from the B Zone - Retail uses (one story maximum, except storage) - Office ad fmancial uses (one story maximum, except storage) - Auto dealerships - Motels (one story maximum) - Any other uses which are conclusively determined by the Planning Director to have an anticipated density of less than 50 persons per acre in buildings and less than 75 persons per acre outside of buildings on the basis of specific floor plans and other related information. - Any other uses which are determined by the Planning Director and the Airport Land Use Commission to generally not have an anticipated maximum density of more than 50 persons per acre in buildings, and not more than 75 persons per acre outside of buildings on the basis of specific floor plans and other related information.

- Multiple story retail, office and fmancial uses - Theaters, auditoriums, assembly halls and churches - Amusement and indoor recreation uses - Restaurants and bars - Schools, libraries, hospitals and nursing homes - Noise sensitive outdoor uses - New residential uses

- Acceptable Uses from the C Zone - Restaurants and bars (one story maximum, except storage) - Office and fmandal uses (two story maximum) - Retail uses (two story maximum) - Motels (two story maximum) - Any other uses which are conclusively determined by the Planning Director to have an anticipated density of less than 100 persons per acre in buildings and less than 150 persons per acre outside of buildings on the basis of specific floor plans and other related information. - Any other uses which are determined by the Planning Director and the Airport Land Use Commission to generally not have an anticipated maximum density of more than 100 persons per acre buildings, and not more than 150 persons per acre outside of buildings on the basis of specific floor plans and other related information.

- New single family residential uses - Large shopping Malls (exceeding 500,000 square feet in area) - Theaters, auditoriums, assembly halls and churches - Schools, libraries, hospitals and nursing homes - Schools, hospitals and nursing homes

PROHIBITED USES

No density Standards

ACCEPTABLE USES APPENDIX E

The Solano County Airport/Land Use Compatibility Plan requires that overflight easements be granted to the owners of airports in the County as a condition of development for projects within the jurisdiction of the Airport Land Use Commission. Projects within A, B and C zones, as depicted on the Plan maps, are also required to provide height limit easements to airport owners (or to the jurisdiction with land use authority in the case of private airports).

Exhibit A, although titled "Standard Avigation Easement", is an overflight easement currently required by Solano County as a condition of development near airports.

Exhibit B, also titled "Standard Avigation Easement", is an overflight easement currently required by the City of Vacaville for projects in the vicinity of the Nut Tree Airport.

Exhibit C, is a typical avigation easement which combines the provisions of overflight and height limit easements. Solano County Department of Environmental Management 601 Texas Street Fairfield, California 94533

GRANTOR hereby grants to the COUNTY OF SOLANO, its successors or assigns, as owner of the Nut Tree Airport, Vacaville, California, an avigation easement for the following purposes and granting the following rights:

For the use and benefit of the public, and to the extent and in the manner consistent with safe operating procedures as provided under applicable governmental regulations, the right to make flights, and the noise inherent thereto, in airspace over the property described in Exhibit A (attached) in connection with landings, takeoffs and general operation of the Nut Tree Airport.

The right to regulate or prohibit the release into the air of any substance which would impair the visibility or otherwise interfere with the operations of aircraft such as, but not limited to, steam, dust, and smoke.

The right to regulate or prohibit light emissions, either direct or indirect (reflective), which might interfere with pilot vision.

The right to prohibit electrical emissions which would interfere with aircraft communications systems or aircraft navigational equipment.

This easement shall be effective from this date and run with the land until such time as the Nut Tree Airport is no longer used as an airport. Solano County Department of Environmental Management 601 Texas Street Fairfield, California 94533

GRANTOR hereby grants to the COUNTY OF SOLANO, as owner of the Nut Tree Airport, Vacaville, California, subject to termination as hereinafter provided and under the terms, conditions and provisions hereinafter contained, an avigation easement for the following purposes and granting the following rights:

(a) For the use and benefit of the public, and to the extent and in the manner consistent with safe operating procedures as provided under applicable governmental regulations, the right to make flights, and the noise inherent thereto, in airspace over the described property ("Property") in connection with landings, take-offs and general operation of the Nut Tree Airport: (description: Exhibit "A", (attached).

(b) The right to regulate or prohibit electrical radiations or emissions within the following frequency bands which would interfere with aircraft operation, aircraft communications systems, or aircraft navigational equipment:

9 14 KHz Omega 90 110 KHz LoranC 190 535 KHz Non-directional Beacons 2000 22000 KHz Air/Ground Communications & Point to Point Communications 21850 21924 KHz Point to Point Communications 21924 22000 KHz Air/Ground Communications 74.8 75.2 MHz Marker Beacons 108 118 MHz VOR, ILS Localizer 118 137 MHz Air/Ground Communications 162 174 MHz Maintenance & Security Net 225.0 328.6 MHz Air/Ground Communications 328.6 335.4 MHz ILS Glideslope 335.4 399.9 MHz Air/Grounds Communications 406.0 406.1 rvrnz Satellite Emergency Position Indicating Radio Beacon 406.1 420.0 MHz Maintenance, Security, & Point to Point Communications

E-3 960 1215 MHz TACAN/DME, ATCRBS, MODE S, TCAS, MLS/DME-P 1215 1240 MHz Global Positioning Satellite 1240 1370 MHz Air Route Surveillance Radar 1435 1535 MHz Telemetry 1535.0 - 1660.5 MHz Distress and Safety Satellite, Aeronautical Mobile Satellite, Global Positioning Satellite, Altimeters 1710 1850 MHz Point to Point Communications 2310 2390 MHz Telemetry 2700 2900 MHz Aitport Surveillance Radar 3500 3700 MHz Aitport Surveillance Radar Expansion Band (planned) 4200 4400 MHz Radio Altimeter 5000 5250 MHz Microwave Landing System 5350 5470 MHz Airborne Weather Radar 7125 8400 MHz Radar Microwave Link 8750 8850 MHz Airborne Doppler Radar 9000 9200 MHz Precision Approach Radar 9300 9320 MHz Ground-Based Radar Beacon 9300 9500 MHz Airborne Weather Radar 13.25 13.4 GHz Airborne Doppler Radar 14.0 14.2 GHz Airborne Doppler Radar 14.4 15.35 GHz Television Microwave Link 15.4 15.7 GHz Airborne Weather Radar 15.7 16.2 GHz Aitpon Surface Detection Equipment 24.25 25.25 GHz Aitpon Surface Detection Equipment

(a) If the Nut Tree Aitport ceases to be used as a public aiIport by the County of Solano or any other statutorily recognized governmental entities.

(b) If the noise level generated by aircraft operations exceeds 70 dBA on the CNEL scale on the property.

In granting this easement Grantor does not intend, and nothing contained herein shall be deemed or construed, to waive Grantor's rights to compensation for damages and! or losses suffered by reason of the use of such airspace in a manner, or the occurrence of an event, not contemplated herein. This easement is subject to all matters appearing of record in the office of the Recorder of Solano County as of , 19__ .

By acceptance of this easement, the County of Solano recognizes Grantor's title and interest in and to the Property over which this easement is granted and agrees never to assail or resist Grantor's title or interest therein by reason of the grant of such easement. hereinafter referred to as Grantor, and the (insert County or City name), a political subdivision in the State of California, herein after referred to as Grantee.

The Grantor, for good an valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual and assignable easement over the following described parcel of land in which the Grantor holds a fee simple estate. The property which is subject to this easement is depicted as ______on "Exhibit A" attached and is more particularly described as

The easement applies to the airspace above an imaginary plane over the real property. The plane is described as follows:

The imaginary plane above the herein before described real property, as such plane is defmed by Part 77 of the Federal Aviation Regulations, and consist of a plane (describe approach, transition, or horizontal surface); the elevation of said plane being based upon the ______Airport official runway end elevation of feet Above Mean Sea Level (AMSL), as determined by (insert name and date of Surveyor Airport Layout Plan that determines the elevation) the approximate dimensions of which said plane are described and shown on Exhibit A attached hereto and incorporated herein by reference.

1) For the use and benefit of the public, the easement and continuing right to fly, or cause or permit the flight by any and all persons, or any aircraft, of any and all kinds now or hereafter known, in, through, across or about any portion of the Airspace hereinabove described; and

2) The easement and right to cause or create, or permit or allow to be caused or created within all space above the existing surface of the hereinabove described real property and any and all Airspace laterally adjacent to said real property, such noise, vibration, currents and other effects of air, illumination and fuel consumption as may be inherent in, or may arise or occur from or during the operation of aircraft of any and all kinds, now or hereafter known or used, for navigation of or flight in air; and

3) A continuing right to clear and keep clear from the Airspace any portions of buildings, structures, or improvements of any kinds, and of trees or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements, trees or other things which extend into or above said Airspace, and the right to cut to the ground level and remove, any trees which extend into or above the Airspace; and 4) The right to mark and light, or cause or require to be marked or lighted, as obstructions to air navigation, any and all buildings, structures, or other improvements, and trees or other objects, which extend into or above the Airspace; and

5) The right of ingress to, passage within, and egress from the hereinabove described real property, for the purposes described in subparagraphs (3) and (4) above at reasonable times and after reasonable notice.

For and on behalf of itself, its successors and assigns, the Grantor hereby covenants with the Unsert County or City name), for the direct benefit of the real property constituting the ______Airport hereinafter described, that neither the Grantor, nor its successors in interest or assigns will construct install, erect, place or grow in or upon the hereinabove described real property, nor will they permit to allow, any building structure, improvement, tree or other object which extends into or above the Airspace, or which constitutes an obstruction to air navigation, or which obstructs or interferes with the use of the easement and rights-of-way herein granted.

The easements and rights-of-way herein granted shall be deemed both appurtenant to and for the direct benefit of that real property which constitutes the Airport, in the Gnsert County or City name), State of California; and shall further be deemed in gross, being conveyed to the Grantee for the benefit of the Grantee and any and all members of the general public who may use said easement or right-of-way, in landing at, taking off from or operating such aircraft in or about the Airport, or in otherwise flying through said Airspace.

This grant of easement shall not operate to deprive the Grantor, its successors or assigns, of any rights which it may from time to time have against any air carrier or private operator for negligent or unlawful operation of aircraft.

These covenants and agreements run with the land and are binding upon the heirs, administrators, executors, successors and assigns of the Grantor, and, for the purpose of this instrument, the real property firstly hereinabove described is the servient tenement and said ______Airport is the dominant tenement. State of California County of Solano

On , 1994 before me, personally appeared (Notary Public)

personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are/is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. APPENDIX F

Excerpts from Minutes Rio Vista City Council March 3, 1988

Motion was made by Councilwoman Anderson, seconded by Councilwoman Seiferling and passed unanimously that at such time as development of Los Ulpions begins, the City of Rio Vista shall adopt legislation which shall require that all aircraft taking off to the west from the Municipal Airport east-west runway not execute any type of right or left turning action until reaching the intersection of Church Road and State Highway 12. Said legislation shall also require aircraft landing from the west on the east-west runway not execute any right or left turning action on the aircrafts land approach after crossing the intersection of Church Road and State Highway 12.

Motion was made by Councilman Jeffery, seconded by Councilwoman Seiferling and passed unanimously that in the future development of Los Ulpinos, it shall be the policy of the City of Rio Vista to encourage the primary development of those areas which shall be least affected by the Municipal Airport flight zone. That any tentative map approved for Los Ulpinos must provide for residential development beginning with the "E" and "D" zones as depicted on the Compatibility Map of the Airport/Land Use Compatibility Plan prepared by the Solano County Airport Land Use Commission for the Rio Vista Municipal Airport. "A", "B" and "C" zones shall not be residentially developed so long as the Airport remains in use.

Motion was made by Councilman Vengley, seconded by Councilwoman Seiferling and passed unanimously that the traffic pattern for the new airport will be designated the same as the existing airport, that is, northerly of the east-west runway and easterly of the north-south runway. _..I 1\. .•• I J I I ·1- : __I I : r I • I I __L.,_ . " , .------··ii-·-·- : -, I . / lJ J I••\

/ . r:." \: ...• -......

\ \ \

,""OPOSEO .•••CCO""'AClC /Ie HHex,," TIOH SITe .•••AP 5 J ••• ,o.,. • 1 J.IIH10IU

,-:. : n.,.of_'1d L" ••d U•• I;' ;..;.r . : C" ••••••••e/l" L_Old U,.

: 0" ••• So••e.