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Home My WebLink About1200 - Airport Safety Areas ORDINANCE NO. 1200 URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 7 TO DIVISION 6, CHAPTER 1 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows. SECTION ONE Article 7 is hereby added to Division 6, Chapter 1 of the Ukiah City Code and shall read as follows. ARTICLE 7. RUNWAY SAFETY AREA §5090 PROHIBITION ON ENTERING AND REMAINING.IN THE RUNWAY SAFETY AREA A. For purposes of this Division, Runway Safety Area, or RSA, shall mean the surface surrounding the Ukiah Municipal Airport runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway. The northern portion of the RSA extends from Talmage Road to Hastings Road and consists of Mendocino County Assessor's Parcel Numbers 003-140-42, 003-140-41, and 003-230-04. The southern portion of the RSA extends from the southern end of the Airport runway to the southern edge of the property owned and controlled by the Airport and consists of Mendocino County Assessor's Parcel Numbers 184-070-02, 184-070-03, 184-070-04, 184-070-05, 184- 070-06, and 184-070-07. L B. It shall be unlawful to enter and remain in the RSA without submitting a written request for authorization from the Airport Manager orthe City Manager and obtaining written authorization from either official. Authorization shall be granted if the person or entity needs access to the RSA in order to perform ground maintenance or to repair any structures in the RSA. C. The City shall post signs forbidding trespass into the RSA without proper authorization. Signs shall be posted at intervals not less than three signs to a mile along the exterior boundaries of the RSA. Tearing down, mutilating, or destroying any sign or notice forbidding trespass into the RSA shall be a violation of this Article. §5091 PENALTIES ........... ............ Any person,firm or corporation who shall violate or refuse to abide by any provision of this chapter or any of the rules and regulations set forth in this Article or any of the provisions or law provided therein or herein, shall be guilty of a misdemeanor and, upon any conviction thereof, shall be punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. SECTION TWO. URGENCY ORDINANCE This ordinance is hereby declared to be necessary for the immediate preservation of the public peace, health, and safety and will take effect and be in force upon its adoption by a fourth-fifths (4/5) vote of the members of the Ukiah City Council. The facts constituting the urgency are as r follows: L Page 1 of 3 i i 1. There has been an increase in incidents of people entering and remaining on property to the north and south of the runway at the Ukiah Municipal Airport that is owned by the Airport and reserved and kept vacant for public safety reasons in the event that an airplane landing at the airport undershoots or overshoots the runway or needs to make an emergency landing. 2. The Federal Aviation Administration has established design standards applicable to the Ukiah Municipal Airport and surrounding properties. Airport design standards are intended, in part, to further the Federal Government's policy "that the safe operation of the airport and airway system is the highest aviation priority." [49 USC§47101(a)(1)]. 3. Both the northern and southern sections of the RSA are designated Zone A in the Airport Land Use Plan, which prohibits "assemblages of people" in Zone A. 4. The City Council finds that the existing regulations governing the land encompassing the RSAs are not adequate at this time to prohibit incursions into the RSA that may threaten the public health, safety, and welfare. The City Council further finds that there is a current and immediate threat to the public health, safety, and welfare presented by entry and assemblage of people, including forming encampments, within the RSAs. In the absence of this Ordinance's immediate effectiveness, the City would be unable to prohibit assemblage in the RSAs, as well as to protect the public health, safety, and welfare from the potential adverse effects of assemblage within the RSAs. SECTION THREE. FINDINGS. CITY COUNCIL AUTHORITY TO ADOPT ORDINANCE. 1. This Ordinance establishes Runway Safety Areas to the north and south of the runway at the Ukiah Municipal Airport and prohibits entry into these areas without authorization from the Airport Manager. These areas are currently vacant and contain no structures as they have always been reserved for runway safety. The Ordinance will not enact changes in land use regulations. 2. California Government Code § 65853 states that a zoning ordinance or an amendment to a zoning ordinance, in which the ordinance or amendment changes any property from one zone to another or imposes, removes, or modifies any regulation listed in Government Code § 65850, must be subject to a public hearing and recommendations by the Planning Commission prior to introduction of the ordinance by the City Council. 3. The regulations listed in Government Code §65850 are as follows: (a) Regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes. (b) Regulate signs and billboards. (c) Regulate all of the following: (1) The location, height, bulk, number of stories, and size of buildings and structures. (2) The size and use of lots, yards, courts, and other open spaces. (3) The percentage of a lot which may be occupied by a building or structure. (4) The intensity of land use. (d) Establish requirements for off-street parking and loading. (e) Establish and maintain building setback lines. Page 2 of 3 L (f) Create civic districts around civic centers, public parks, public buildings, or public grounds, and establish regulations for those civic districts. 6. Because the proposed Ordinance does not regulate any category of regulation enumerated in Government Code § 65850, the introduction and adoption of this Ordinance does not first require a public hearing before and recommendations from the Planning Commission. SECTION FOUR 1. CEQA COMPLIANCE. The adoption of this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and because there is no possibility that it may have a significant effect on the environment. 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Introduced and Adopted on March 4, 2020, by the following roll call vote: AYES: Councilmembers Mulberen, Brown, Orozco, and Mayor Crane NOES: Councilmember Scalmanini ABSENT: Mone ABSTAIN:None Douglas F Crane, Mayor ATTEST: 6'6L'1t Kristine Lawler, City Clerk Page 3 of 3