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Home My WebLink AboutRES NO 181-07 RESOLUTION NO. RESOLUTION OVERTURNING THE DECISION OF THE PLANNING COMMISSION APPROVING AN AMENDMENT TO THE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE BAKERSFIELD MUNICIPAL AIRPORT TO CHANGE THE LENGTH OF THE EXTENDED APPROACH/DEPARTURE ZONE (ZONE B-2) FOR THE BAKERSFIELD MUNICIPAL AIRPORT FROM 10,000 FEET FROM THE START OF RUNWAY # 34 (APPROACH RUNWAY) TO 7,000 FEET. THE B-2 ZONE IS LOCATED SOUTH OF THE BAKERSFIELD MUNICIPAL AIRPORT APPROACH RUNWAY, BETWEEN PACHECO ROAD AND THE ARVIN-EDISON CANAL, AND BETWEEN SOUTH UNION AVE AND COTTONWOOD ROAD. 181-07 WHEREAS, in accordance with the procedure set forth in the provisions of the Municipal Code of the City of Bakersfield, Jim Marino, Marino/Associates, filed an appeal of the Planning Commission's disapproval of an Amendment to the Airport Land Use Compatibility Plan (Project File No. 06-2202) on that certain property as shown on the attached (Exhibit "A-1"); and WHEREAS, Jim Marino, Marino/Associates, the appellant, filed a written appeal with the City Clerk; and WHEREAS, the City Council, through the City Clerk, set the time and place of the hearing as 5:15 p.m., Wednesday, August 29,2007, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said City Council on said appeal, and notice of the public hearing was given in the manner provided in Title Sixteen of the Bakersfield Municipal Code; and WHEREAS, testimony was heard during the public hearing of the City Council; and WHEREAS, the Planning Commission, through its Secretary, did set, THURSDAY, January 4,2007 at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before said Planning Commission on said application, and notice of the public hearing was given in the manner provided in the Bakersfield Municipal Code; and WHEREAS, the Planning Commission, with the applicant's concurrence, continued the public hearing to January 18, 2007; and WHEREAS, the Planning Commission, through its Secretary, did set, THURSDAY, January 18, 2007 at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a second public hearing before said Planning Commission on said application, and notice of the public hearing was given in the manner provided in the Bakersfield Municipal Code; and WHEREAS, the Planning Commission, through its Secretary, did continue the public hearing to a date uncertain so that further distribution and review of the CEQA documents could occur; and ~ <of>..k~~ C> ~ ;:... - t- rn _ r- o Q ORIGINAL WHEREAS, on THURSDAY, January 18, 2007 at the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, the public hearing was continued before said Planning Commission on said application, and notice of the public hearing was given in the manner provided in the Bakersfield Municipal Code; and WHEREAS, the Planning Commission on June 7,2007, disapproved the Amendment to the Airport Land Use Compatibility Plan (Project File No. 06-2202), and disapproved the Initial Study/Negative Declaration; and WHEREAS, Zone Change 05-1507 approved by the City Council with Ordinance Number 4315 on March 8, 2006 to change land within Zone B-2 from A (Agriculture) to R-1 (One Family Dwelling) included Condition of Approval NO.8 to submit an application to submit an application to the City to amend the B-2 zone of the Kern County Airport Land Use Compatibility Plan (1996) (ALUCP) from 10,000 feet to 7,000 feet which will remove a portion of the zone change site from Zone B-2; and WHEREAS, the Metropolitan Bakersfield General Plan's Circulation Element relating to Airports (Chapter III E) Goal 2 mandates the City of Bakersfield to: "Develop, operate and maintain Meadows Field and Bakersfield Municipal Airpark to meet aviation needs in the metro area"; and WHEREAS, the same Circulation Element relating to Airports (Chapter 11/ E) has Policy 2 that "ensures compatibility between the general plan, airport master plans and the airport land use compatibility plans."; and WHEREAS, the airport land use compatibility plan adopted by the City of Bakersfield on March 12, 1997 by Resolution 42-97 is the "Kern County Airport Land Use Compatibility Plan" (ALUCP), originally formulated by the Kern County Airport Land Use Committee, dated June 1994, and updated in 2003 and 2004; and WHEREAS, on February 28,1994 by Resolution 94-107, Kern County Board of Supervisors voted in favor of dissolution of the Kern County Airport Land Use Committee; and WHEREAS, the ALUCP states that upon adoption of the relevant Compatibility Plans by the County and affected cities, each separate jurisdiction shall be responsible for updating the individual airport policies, compatibility maps, and background data as it pertains to the airport(s) within each separate jurisdiction; and WHEREAS, the ALUCP utilized the California Airport Land Use Planning Handbook (1993 edition) (Handbook) for the formulation of its "Primary Compatibility Criteria Zones" of A, B1, B2, C, D and E. The Handbook's Zones are numbered 1 through 6 and correspond with the ALUCP's Zones A, B1, B2, C, D and E. Handbook Zone 4 is the equivalent in purpose to ALUCP Zone B-2; and. WHEREAS, Jim Marino, Marino/Associates, the applicant, proposes to change Zone B-2 of the ALUCP to shorten Zone B-2's length from 10,000 feet from the start of Runway # 34 (approach runway) to 7,000 feet in order to satisfy above mentioned Condition 8 of Zone Change 05- 1507; and WHEREAS, the applicant provided an "Preliminary Evaluation of ALUC Safety Zones" (Evaluation) by Walter E. Gillfillan and Associates, (Airport Planning Consultants) dated March 22, 2006 for consideration in evaluating Zone B-2 in terms of obstructions to air navigation, noise compatibility and risk exposure to the public; and WHEREAS, Walter E. Gillfillan and Associates concluded that the City of Bakersfield could find justification for shortening Zone B-2 and provided the findings listed below; and ~ <O"'K~~~ ;:... - 5 g ORIGINAL WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, for the above described project, an initial study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared at least 20 days prior to the public hearing , in accordance with CEQA; and WHEREAS, the initial study/negative declaration underwent a 30 day review period through the California Environmental Quality Act State Clearinghouse SCH # 2007021003, beginning February 1, 2007 and ending March 2, 2007; and WHEREAS, comments were received from the California Department of Transportation, Division of Aeronautics, and from County of Kern Planning Department and Department of Airports; and WHEREAS, the applicant provided an "Responses to Comments on Negative Declaration/Environmental Checklist Form for Amendment of the Airport Land Use Compatibility Plan for the Bakersfield Municipal Airport (Ward #1 Upon Annexation)" (Letter) by Chevalier, Allen & Lichman LLP, Attorneys at Law", (aviation law attorneys) dated May 6,2007 to provide additional evaluation of the portion of the Zone B-2 under consideration for change to Zone C, in terms of obstructions to air navigation, noise compatibility and risk exposure to the public and adequacy of Initial Study/Negative Declaration; and WHEREAS, Chevalier, Allen & Lichman LLP concluded that the City of Bakersfield could find justification for shortening Zone B-2, affirming the authority of the City of Bakersfield to amend the ALUCP for the Bakersfield Municipal Airport and the adequacy of the Initial Study/Negative Declaration; and WHEREAS, the facts presented in the administrative report and evidence at the above referenced public hearings support the findings contained in this resolution; and WHEREAS, at said public hearing held August 29,2007, the proposal to amend the Airport Land Use Compatibility Plan submitted by Jim Marino, Marino/Associates was duly heard and considered and the City Council found as follows: 1. All recuired oublic notices have been given. There are more than 1,000 property owners within 300 feet of the proposed change to the ALUCP; therefore in accordance with Government Code 65091 (a)(3) public notice was provided by publishing an 1/8th page advertisement in the in The Bakersfield Californian of the City Council public hearing at least 20 days prior to the hearings on August 29, 2007. Notices of public hearing were mailed at least 20 days prior to the hearing August 29, 2007 to property owners within 300 feet of the safety zone change area, agencies making comments on the initial study/Negative Declaration, agencies associated with oversight of the Bakersfield Municipal Airport and interested parties in the aviation industry. 2. The orovisions of CEQA and Citv of Bakersfield CEQA Imolementation Procedures have been followed. Staff determined that the proposed activity is a project and an initial study was prepared and a Negative Declaration was prepared and duly noticed. 3. A Necative Declaration for the orooosed oroiect is the aoorooriate environmental document to accomoanv oroiect aooroval. In accordance with CEQA, staff prepared an initial study for the proposed project and indicated that the project will not significantly impact the physical environmentof>..k~ ~ 1J(j'l ;:... ~ I- m - r- <..) c;:, ORIGINAL 4. The Citv of Bakersfield has the authoritv to amend the Bakersfield Municioal Airoort Land Use Comoatibilitv Plan. The ALUCP states that each separate jurisdiction shall be responsible for updating the individual airport policies, compatibility maps, and background data. 5. In regards to obstructions to air navigation, a check of the height limitations defined in Federal Aviation Regulations Part 77 indicates that a structure located at the intersection of an extended centerline for a non-precision approach to Runway 34 and Panama Lane would allow a maximum elevation of approximately 618 feet mean sea level at that location. No obstructions to air navigation are planned for the amendment to the Zone B-2 area. 6. It is not likely that any residential development in the former Zone B-2 will need to notify the FAA of the intent to construct. If the notification were required, it is not likely that the development would constitute an obstruction or a hazard to air navigation relative to Part 77. 7. In regards to noise compatibility, the closure for the end of the 60 CNEL noise contour shown in the Airport Land Use Compatibility Plan (ALUCP) is at East Pacheco Road and would indicate that any residential development in the former Zone B-2 would be located in a noise exposure area acceptable for residential use by the State and by the FAA. It would be in an area noted as "clearly acceptable" by the ALUCP it is consistent with the Metropolitan Bakersfield General Plan Noise Element Goal 2 to "protect the citizens of the planning area from harmful effects of exposure to excessive noise..." 8. In regard to risk exposure to future residents living in the former Zone B-2, the first California Airport Land Use Planning Handbook (Handbook) was issued in 1993 and was the origin of the information for ALUCP compatibility planning efforts, along with FAA Part 77 criteria for guidance. 9. The 10,000 foot distance used by the FAA to define the limits of the Horizontal Surface in FAA Part 77 appears to be used as the outer limit for the safety zone and the outer length of Zone B-2. The 1993 version of the Handbook shortened the distance from the runway end to the end of the Zone 4 (equivalent to Zone B-2 in purpose) to 7,700 feet, based on an analysis of aircraft accident records. This better related the risk exposure to people on the ground rather than to aircraft in flight as is the purpose of FAA Part 77. Based on further evaluation of accident records, the 2002 version of the Handbook has shortened the distance from the runway end to the end of the Zone 4 to 7,000 feet. 10. The current Handbook definition of the Zone 4 offers the City a rational basis for modification of Zone B-2 current limit of 10,000 feet to 7,000 feet based on risks to people on the ground, rather than aircraft in flight. 11. With such a change, the ALUCP would be in compliance with all aspects of the FAA and State guidelines, with the exception of the absence of a Zone B-2 on the northern end of the airport for approaches to Runway 16 (not a part of this amendment). 12. With the B-2 zone revised to a length of 7,000 feet, any residential development in the former Zone B-2 would be in compliance with all three of the FAA, State and ALUCP guidelines relating to land use compatibility between the airport and the surrounding community at the southern end of the airport. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: <Qf>..kt, ~ ~tP ;:... -:" I- I"n o :; O"I~INAb 1. That the above recitals, incorporated herein, are true and correct. 2. That the Negative Declaration is hereby approved. 3. The decision of the Planning Commission is overturned. 4. The appeal is approved. 5. That amendment to the Airport Land Use Compatibility Plan to change the length of the Extended ApproachlDeparture Zone (Zone B-2) for the Bakersfield Municipal Airport from 10,000 feet from the start of Runway # 34 (approach runway) to 7,000 feet, as outlined above, is hereby approved as shown on Exhibit "A-2". 6. That the area from 7,000 feet to 10,000 feet that was formerly Zone B-2 be designated Common Traffic Pattern Zone (Zone C). ~ 'Qr..k~0> C> ~ ;:... - t- m - F- e..:> b ORIGINAL -------000-------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on AIIG 2 9 2007 by the following vote: ~ NOES: ABSTAIN: ~ v'" v-- L--- ~ <----- 1--- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ ~ fJ..mdm.~ PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 2 9 2007 APPROVED as to form VIRGINIA GENNARO City Attorney BY:~~ pelishev \ I S:lalucplCClalucp CC Res.DOC ~ <Qf>..k~?> C> ~ ;:... - t- m - r- o (;:;) ORIGINAL z .<( ...J a.. ~ - ...J -w ~(!) ~z 0.:<( ....:;EI <00 I- ,..... 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N d: ci: '" :i w \ 0 5 \ <( ~ ~ < \ '" 2 ~ \ ~ :i ~ '" II: , ;5 10,000 FEET , , 7,000 FEET <( , <( ---~ ci: d: <( 0 , ~ d: , , 2 d: d: d: I ~ III '1' II: d: it marino/associates . . tr-:?5 June 12,2007 City Clerk City of Bakersfield 1501 TruxtunAvenue Bakersfield, CA. 93301 RE: Appeal of June 7,2007 Planning Commission Decision Regarding Project 02-2202: Amend Airport Land Use Map Honorable Mayor and City Council Members: With this letter we are appealing the decision of the Planning Commission who denied the application to amend the Airport Land Use Map at theif June 7,2007 meeting on a 4/3 vote. The proposal was to apply the Cal Trans Airport Planning Handbook to the B-2 approach zone resulting in a change in the length of that zone from 10,000 feet to 7,000 feet. Thank you for your consideration of this request. sincefe:v, , 'r\. ("'.. . \ tj...~ .u.,~- . .. ~~J~ Jim Marino Marino / Associates encl: $675.00 Filing Fee cc: Mr. Pete Postma, Santa Barbara Capital CO'.Ir-t: . 1';;;kf'I'c+klcL . f:JX ~~1 ?? ~. '~ l:'~ (:;) 2 . ~ ~A/(~1>. C> ~ ;:... - I- m - " (.;> ORIGfNAf