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HomeMy WebLinkAboutCC Reso 2018-39 - Establishing Interim Referral Procedure for ALUC RESOLUTION NO. 2018-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING AN INTERIM REFERRAL PROCEDURE, UNTIL SUCH TIME THAT THE MENDOCINO COUNTY AIRPORT COMPREHENSIVE LAND USE PLAN IS UPDATED TO REFLECT CURRENT UKIAH MUNICIPAL AIRPORT ENVIRONS, FOR PROJECTS LOCATED IN THE A, A*, B1, 131* AND B2 ZONES OF THE 1996 COMPATIBILITY ZONING MAP OF THE UKIAH MUNICIPAL AIRPORT MASTER PLAN AND REFERRED BY THE CITY OF UKIAH COMMUNITY DEVELOPMENT DEPARTMENT TO THE MENDOCINO COUNTY AIRPORT LAND USE COMMISSION WHEREAS: 1. The 1996 Mendocino County Airport Comprehensive Land Use Plan ("ACLUP") and related City of Ukiah documents needs to be updated to reflect current Ukiah Municipal Airport environs and State regulations; and 2. The City of Ukiah and the County of Mendocino need to work together to update their respective planning documents related to the Ukiah Municipal Airport; and 3. The ACLUP does not provide adequate clarity to the City of Ukiah Community Development Department ("Department") on what projects in the A, A*, 131, Bl*, and 132 Zones of the 1996 Compatibility Zoning Map of the Ukiah Municipal Airport Master Plan need referral to the Mendocino County Airport Land Use Commission ("ALUC"); and 4. The Department has not adopted an ALUC project referral process beyond what exists in ,Section 1.3 of the ACLUP; and 5. The City Council and Department wish to adopt an ALUC interim referral process, until such time that the ACLUP is updated to reflect current Ukiah Municipal Airport environs, for projects located in the A, A*, 131, 131*, and 132 Zones of the 1996 Compatibility Zoning Map of the Ukiah Municipal Airport Master Plan and referred by the Department to the ALUC. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts a Mendocino County Airport Land Use Commission interim referral procedure for the City of Ukiah Community Development Department, which is attached as "Exhibit A." PASSED AND ADOPTED this 5th day of December 2018, by the following roll call vote. AYES: Councilmembers Orozco, Brown, Scalmanini, Crane, and Mayor Mulheren NOES: None ABSENT: None ABSTAIN-. None Maureen Mulheren, Mayor ATTEST: Kristine Lawler, City Clerk Exhibit A to Resolution �m ��,� �01 �' , U`o City of Ukiah -,�--- ---- - - OM,M UI"'t'Y DE""v'E LOTIM EN1 DF: 11a W:IW EN T Mendocino County Airport Land Use Commission Interim Referral Procedure In the interim- until such time that the Mendocino County Airport Comprehensive Land Use Plan (ACLUP) is updated to reflect current Ukiah Municipal Airport environs- the City of Ukiah Community Development Department will refer projects in the"A and B Zones"to the Airport Land Use Commission (ALUC) for a consistency determination in a manner described in the ACLUP, and as more particularly described below. The A and B Zones include Zones A, A*, 131, B1*, and B2 of the July 1996 Compatibility Zoning Map of the Ukiah Municipal Airport Master Plan. I. Statutory Requirements Section 1.3.2 of ACLUP Any of the types of actions described in Section 1.3.2 of the ACLUP shall be referred to the ALUC for a determination of consistency prior to their approval by the City. These include: (a) The adoption or approval of any amendment to a general or specific plan affecting the property within an airport's planning area (Section 21676 (b)). (b) The adoption or approval of a zoning ordinance or building regulation which (1) affects property within an airport's planning area and (2) involves the types of airport impact concerns listed in Paragraph 1.2 (Section 21676 (b)). (c) Adoption or modification of the master plan for an existing public-use airport (Section 21676 (c)). (d) Any proposal for a new airport or heliport whether for public use or private use (Section 21661.5) which requires a state airport permit. Section 1.3.4 of ACLUP The City will continue to refer the following individual actions/projects located in the A and B zones to the ALUC (please note these are also listed in the specific zone procedures below): (a) Any proposed expansion of a city's sphere of influence. (b) Proposed land use project by a government entity which exceeds 10,000 square feet. (c) Proposed storage of more than 2,000 gallons of fuel or flammables per parcel in portions of the B Zone not lateral to the runway. (d) Reconstruction of existing incompatible development within Compatibility Zone A. (e) Any proposed land use action, as determined by the local planning agency, involving a question of compatibility with airport activities. Items (d) and (e) are described more fully in the sections below. 1 Exhibit A to Resolution II. Projects in the A and A* Compatibility Zones (the "A Zones") A. Major Use Permits (MaUPs)/Site Development Permits (MaSDPs) Per Section 1.3.4(e) of the ACLUP, any question of compatibility, as determined by the local planning agency (the City of Ukiah Community Development Department), will be referred to the ALUC. The Department further defines section (e) and a procedure for MaUPs/MaSDPs below. Procedure: After an initial analysis, the City of Ukiah Community Development Department will refer MaUPs/MaSDPs not meeting the compatibility criteria listed in Table 7A of the Ukiah Municipal Airport Master Plan (Table 2A in the ACLUP), listed in "Attachment 1" to this document. Per 1.3.4(d) of the ACLUP, reconstruction of existing incompatible development within the A Zones includes those buildings or development actions that are inconsistent with criteria in Table 7A, excepting certain ministerial actions described in IIC below. Note: an initial referral for major projects located in the A or A* Zones will be sent to County of Mendocino ALUC Planning Services staff (County ALUC Planning staff) on the date other departments and agencies are sent a project notification referral. County ALUC Planning staff will be given 7 work days to complete an initial analysis and determine if the project will need to be referred to the ALUC. At the County's discretion, this may involve consultation with City Staff. If County ALUC Planning staff determine the project should be referred to the ALUC, then according to Section 1.4.4 of the ACLUP, the ALUC "must respond to a local agency's request for a consistency determination on a project within 60 days of referral." For clarification purposes, the date of ALUC referral is the date the City Community Development Department delivers the complete ALUC consistency determination analysis and staff report, supporting documentation, and requisite fee (paid by the applicant or City) to the County of Mendocino Department of Planning and Building Services on behalf of the ALUC. If the ALUC fails to make a determination within that 60-day period, then pursuant to Section 1.4.4 of the ACLUP the proposed action will be deemed consistent with the ACLUP. B. Minor Use Permits (MiUPs)/Minor Site Development Permits (MiSDPs) MiUPs are proposed for small projects. Level 1 MiUPs involve temporary outdoor sales/display, special events and similar small projects and Level 2 MiUPs involve minor expansions or changes in use per the provisions in Article 20, Chapter 2 of Ukiah City Code. Procedure: Unless the project proposes a minor expansion or minor change in use that is not consistent with Compatibility Table 7A, MiUPs will not be referred to the ALUC. C. Building (Ministerial) Permits for "Allowed Uses" in Ukiah City Code The CalTrans Division of Aeronautics California Airport Land Use Planning Handbook describes when ministerial actions can be reviewed by the ALUC and states: "Subsequent to local jurisdiction action that makes planning policies fully consistent with the ALUCP [ACLUP], ALUCs only review ministerial permitting actions if the local jurisdiction agrees to submit them." Procedure: Ministerial permits are not subject to discretionary review, and as such, cannot be modified or denied based on an unfavorable consistency determination from the ALUC. However, buildings within the A zones and/or the Ukiah Municipal Airport Layout Plan Runway Protection 2 Exhibit A to Resolution Zones, although possibly listed as "allowed uses" in Ukiah City Code, may pose hazards to flight or airport operations. It is therefore important to adhere to the FAA determinations procedure below. D. Federal Aviation Administration (FAA) Determinations 1. Construction of New Structures not located in the Runway Protection Zone (RPZ) or Future RPZ of the Ukiah Municipal Airport Layout Plan (ALP): All projects located in the A Zones that involve the new construction of structures will be referred to the FAA for a flight hazard determination if, per federal regulations at Part 77, the height of the new structure exceeds a 100:1 slope threshold from the runway end. The property owner or applicant for the proposed project shall be required to provide the FAA determination as a part of their planning permit application. The FAA determination does not constitute a finding of consistency. 2. Construction of New Structures located in the RPZ or Future RPZ of the Ukiah ALP: All projects located in the A Zones that involve the new construction of structures located in the RPZ or future RPZ of the Ukiah Municipal Airport Master Plan Airport Layout Plan will be referred to the FAA for a flight hazard determination. The property owner or applicant for the proposed project shall be required to provide the FAA determination as a part of their planning permit application. The FAA determination does not constitute a finding of consistency. Pre-existing structures will not be required to be referred to the FAA for a flight hazard determination. This includes those structures that may never have been referred. III. Projects in the "B1" and "131*" Compatibility Zones A. Major Use Permits (MaUPs)/Site Development Permits (MaSDPs) Per Section 1.3.4(e) of the ACLUP, any question of compatibility, as determined by the local planning agency (the City of Ukiah Community Development Department), will be referred to the ALUC. The Department further defines section (e) and a procedure for MaUPs/MaSDPs below. Procedure: After an initial analysis, the City of Ukiah Community Development Department will refer MaUPs/MaSDPs not meeting the compatibility criteria listed in Table 7A of the Ukiah Municipal Airport Master Plan (Table 2A in ACLUP), listed in "Attachment 1" to this document, and/or Section 2.1.6 "Infill' of the ACLUP. Projects can be considered "infill' if they meet all of the following criteria: (a) The Airport Land Use Commission has determined that"substantial development" already exists. (b) The project site is bounded by uses similar to those proposed. (c) The proposed project would not extend the perimeter of the area developed with incompatible uses. (d) The proposed project does not otherwise increase the intensity and/or incompatibility of use through use permits, density transfers or other strategy. (e) The infill area has been identified by the local jurisdiction in its general plan or related document and approved by the Commission. 3 Exhibit A to Resolution Additionally, if in the review of the project there are additional considerations that may allow the project to be deemed consistent if taking into account current standards and airport environs, specifically those standards listed in the California Airport Land Use Planning Handbook and Supporting Compatibility Criteria listed in Chapter 2, Section 3 of the ACLUP, City Staff will list those considerations in the Staff Report prepared for the ALUC as Findings for an Exception to the Compatibility Criteria in the ACLUP. Note: an initial referral for major projects located in the 131 or B1* Zones will be sent to County ALUC Planning staff on the date other departments and agencies are sent a project notification referral. County ALUC Planning staff will be given 7 work days to complete an initial analysis and determine if the project will need to be referred to the ALUC. At the County's discretion, this may involve consultation with City Staff. If County ALUC Planning staff determine the project should be referred to the ALUC, then according to Section 1.4.4 of the ACLUP, the ALUC "must respond to a local agency's request for a consistency determination on a project within 60 days of referral." For clarification purposes, the date of ALUC referral is the date the City Community Development Department delivers the complete ALUC consistency determination analysis and staff report, supporting documentation, and requisite fee (paid by the applicant or City) to the County of Mendocino Department of Planning and Building Services on behalf of the ALUC. If the ALUC fails to make a determination within that 60-day period, then pursuant to Section 1.4.4 of the ACLUP the proposed action will be deemed consistent with the ACLUP. B. Minor Use Permits (MiUPs)/Minor Site Development Permits (MiSDPs) The procedure will be the same as Section IIB above. C. Building (Ministerial) Permits for "Allowed Uses" in Ukiah City Code The CalTrans Division of Aeronautics California Airport Land Use Planning Handbook describes when ministerial actions can be reviewed by the ALUC and states: "Subsequent to local jurisdiction action that makes planning policies fully consistent with the ALUCP [ACLUP], ALUCs only review ministerial permitting actions if the local jurisdiction agrees to submit them." Procedure: Ministerial permits are not subject to discretionary review, and as such, cannot be modified or denied based on an unfavorable consistency determination from the ALUC. No ALUC review will be required. D. Federal Aviation Administration (FAA) Determinations Projects located in the 131 or B1* Zones that involve the new construction of structures will be referred to the FAA for a flight hazard determination if, per federal regulations at Part 77, the height of the new structure exceeds a 100:1 slope threshold from the runway end. The property owner or applicant for the proposed project shall be required to provide the FAA determination as a part of their planning permit application. The FAA determination does not constitute a finding of consistency. Pre-existing structures will not be required to be referred to the FAA for a flight hazard determination. This includes those structures that may never have been referred. 4 Exhibit A to Resolution IV. Projects in the "132" Compatibility Zone A. Major Use Permits (MaUPs)/Site Development Permits (MaSDPs) Per Section 1.3.4(e) of the ACLUP, any question of compatibility, as determined by the local planning agency (the City of Ukiah Community Development Department), will be referred to the ALUC. The Department further defines section (e) and a procedure for MaUPs/MaSDPs below. Procedure: After an initial analysis, the City of Ukiah Community Development Department will refer MaUPs/MaSDPs not meeting the compatibility criteria listed in Table 7A of the Ukiah Municipal Airport Master Plan (Table 2A of the ACLUP), listed in "Attachment 1" to this document. Additionally, if in the review of the project there are additional considerations that may allow the project to be deemed consistent if taking into account current standards and airport environs, specifically those standards listed in the California Airport Land Use Planning Handbook and Supporting Compatibility Criteria listed in Chapter 2, Section 3 of the ACLUP, City Staff will list those considerations in the Staff Report prepared for the ALUC as Findings for an Exception to the Compatibility Criteria in the ACLUP. Note: an initial referral for major projects located in the B2 Zone will be sent to County ALUC Planning staff on the date other departments and agencies are sent a project notification referral. County ALUC Planning staff will be given 7 work days to complete an initial analysis and determine if the project will need to be referred to the ALUC. At the County's discretion, this may involve consultation with City Staff. If County ALUC Planning staff determine the project should be referred to the ALUC, then according to Section 1.4.4 of the ACLUP, the ALUC "must respond to a local agency's request for a consistency determination on a project within 60 days of referral." For clarification purposes, the date of ALUC referral is the date the City Community Development Department delivers the complete ALUC consistency determination analysis and staff report, supporting documentation, and requisite fee (paid by the applicant or City) to the County of Mendocino Department of Planning and Building Services on behalf of the ALUC. If the ALUC fails to make a determination within that 60-day period, then pursuant to Section 1.4.4 of the ACLUP the proposed action will be deemed consistent with the ACLUP. B. Minor Use Permits (MiUPs)/Minor Site Development Permits (MiSDPs) The procedure will be the same as Section IIB above. C. Building (Ministerial) Permits for "Allowed Uses" in Ukiah City Code The procedure will be the same as in Section IIIC above. D. Federal Aviation Administration (FAA) Determinations Projects located in the B2 zone that involve the new construction of structures will be referred to the FAA for a flight hazard determination if, per federal regulations at Part 77, the height of the new structure exceeds a 100:1 slope threshold from the runway end. The property owner or applicant for the proposed project shall be required to provide the FAA determination as a part of their planning permit application. The FAA determination does not constitute a finding of consistency. 5 Exhibit A to Resolution Pre-existing structures will not be required to be referred to the FAA for a flight hazard determination. This includes those structures that may never have been referred. V. Properties Subject to an Avigation Easement For any property subject to an easement that limits the Grantor so they "shall not hereafter erect, or permit the erection or growth of, any structure, tree or other object", any project that constructs new buildings or expands existing buildings into the area of the easement shall be presented to the Airport Land Use Commission for a consistency determination. A determination of no hazard to air navigation may be submitted along with the package to the Airport Land Use Commission for review but does not constitute a finding of consistency. Projects that do not expand the current building footprint, but simply replace the building with an updated building within the same or smaller footprint, shall not require a consistency determination. For properties subject to an easement that have proposed project(s) not encroaching on the area of said easement, a consistency determination will not be required from the ALUC unless triggered under one of the criteria in I — IV above. For the purposes of this document, shall is to mean must. VI. Properties with Pre-Existing Non-Conforming Uses The ALUC does not have authority over existing incompatible land uses or the operation of any airport. Based on this limit on the ALUC's jurisdiction, as stated in the ACLUP, the City shall not refer for a consistency determination any land use or building that qualifies as a legal, pre-existing structure or use, as defined in Ukiah City Code (UCC) Section 9250 and which structure or use may be continued in compliance with UCC Section 9209. 6