Chapter 17.57
AIRPORT OVERLAY ZONE (AOZ)

Sections:

17.57.010    Purpose and intent.

17.57.020    Applicability.

17.57.030    Procedures.

17.57.040    Development standards and uses.

17.57.050    Airport overlay zone.

17.57.060    Airspace protection.

17.57.070    Noise.

17.57.080    Overflight notice.

17.57.090    Open land.

17.57.010 Purpose and intent.

The purpose and intent of the airport overlay zoning district is to:

A. Implement the city’s general plan policies to ensure that all land uses within the airport overlay zone (AOZ) are consistent with the State Aeronautics Act, state law, Federal Aviation Administration Regulations, and guidance of the California Airport Land Use Planning Handbook.

B. Ensure that land uses and development within the airport overlay zone (AOZ) are compatible with existing and future airport operations.

C. Prohibit the establishment of incompatible uses and further expansion of incompatible uses which could detrimentally affect long-term economic vitality of the airport; and to avoid or minimize exposure of persons to potential hazards associated with current and future airport operations.

D. Prohibit development, uses, or any installations or activities which could represent a hazard to existing and future flight operations.

E. Recognize unique constraints and considerations which apply to properties potentially affected by airport operations by establishing regulations and review criteria for land use and development which apply specifically to properties within the airport overlay zone (AOZ).

F. Recognize the boundary of the San Luis Obispo County regional airport land use plan (ALUP) within the city limits by establishment of an airport overlay zone (AOZ). (Ord. 1610 § 5 (part), 2014)

17.57.020 Applicability.

Regulations in this chapter shall apply to all uses, activities, and existing and proposed development on properties within safety zones S-1b, S-1c and S-2 designated in the ALUP. Should an override action be taken, the city shall ensure that development is consistent with direction in the State Aeronautics Act, the FAA regulations, and guidance provided in the Caltrans division of Aeronautics Airport Land Use Planning Handbook. New development and land uses within the runway protection zone and S-1a ALUP safety zones shall be consistent with provisions of the ALUP.

A. Specific Plans. For properties located within the AOZ which also are located within specific plans, development regulations, standards, and policies shall be followed per respective specific plans. In cases where policies or standards are not provided within the specific plan, the policies and standards within this chapter will apply in addition to other applicable zoning regulations, general plan, or other standards and regulations which apply to the project or land use. In no case will a land use, activity, or development be allowed to violate airspace protection standards of Section 17.57.060.

B. Existing Development and Land Uses. Non-conforming uses and structures shall comply with airspace protection standards of Section 17.57.060 which prohibit any activities that pose a risk to flight operations within the airport overlay zone (AOZ). Existing land uses that are not consistent with the airport overlay zone (AOZ) are nonconforming uses and may continue, but may not expand more than ten percent beyond the permitted project size at the time of adoption of the AOZ. No increase in density for nonconforming residential land uses is permitted. Nonconforming uses shall comply with zoning regulations Chapters 17.10 and 17.14 (nonconforming uses and nonconforming structures) provisions for expiration of nonconforming status and proposed changes in land use which do not conform to the AOZ.

Development or land uses shall be considered “existing” if one of the following conditions is met:

1. A vesting tentative map has been approved and has not expired or all discretionary approvals have been obtained and have not expired.

2. Building permits have been issued and have not expired.

3. The structures and site development have been legally established and physically exist. (Ord. 1610 § 5 (part), 2014)

17.57.030 Procedures.

A. Approval. All ministerial and discretionary actions within the airport overlay zoning district (AOZ) shall be reviewed for consistency with this chapter prior to approval.

B. Mandatory Findings for Approval. When a project or activity is subject to discretionary actions requiring a public hearing or notice, the applicable review authority shall make all of the following findings, as applicable:

1. The project or use complies with the noise compatibility policies of the airport overlay zone (AOZ).

2. The project or use complies with residential and nonresidential density standards in Table 10 of the airport overlay zone (AOZ).

3. The project or use complies with Table 10 of the applicable airport overlay zone.

4. The project or use complies with the airspace protection policies of the airport overlay zone.

5. The project or use complies with the overflight policies of the airport overlay zone.

C. Amendments. Other than general plan, specific plan, or zoning code changes addressed through a previous referral to the San Luis Obispo County regional airport land use commission (ALUC), or any action to overrule any determination of the ALUC, proposed general plan land use amendments, zoning amendments, and specific plan amendments that impact density or intensity of development within the airport overlay zone (AOZ) shall be referred to the airport land use commission for a determination of compatibility with the adopted airport land use plan.

D. Overrule Provisions. Should the San Luis Obispo County airport land use commission (ALUC) update the San Luis Obispo County regional airport land use plan (ALUP), the city council of the city of San Luis Obispo shall review the updated ALUP and either make changes to applicable general plan sections, zoning, and implementing ordinances, or the city council may, pursuant to Public Utilities Code Section 21676(b), overrule the ALUC. (Ord. 1610 § 5 (part), 2014)

17.57.040 Development standards and uses.

Land use compatibility standards are intended to minimize the risk to people and property on the ground as well as to people in an aircraft in the event of an accident or emergency landing occurring outside the airport boundary.

A. Allowable Uses and Nonresidential Density. Table 10 lists the uses that are appropriate in the airport land use plan safety zones S-1b, S-1c and S-2. Table 10 includes maximum density standards for the safety zones listed above which shall be calculated in accordance with the following method:

1. Nonresidential Density Calculation. Calculations of nonresidential density shall be based on requirements of Section 17.16.060, Parking space requirements, with the assumption of 1.3 occupants per space and gross parcel size including adjacent roads to centerline of right-of-way. Nonresidential density shall be calculated prior to reductions for shared use, trip reduction, bicycle, etc. In determining allowed persons per acre, all fractions shall be rounded to the nearest whole number.

Example—Proposed Development: Two office buildings, each two stories and containing twenty thousand square feet of floor area per building. Site size is three net acres. Counting the adjacent road to centerline of the right-of-way, three and one-half acres gross. The number of people on the property is assumed to equal 1.3 times the number of parking spaces.

The average usage intensity would therefore be calculated as follows:

(1) 40,000 sq. ft. floor area x 1.0 parking space per 300 sq. ft. = 134.

(2) 134 parking spaces x 1.3 persons per space = 174 persons per acre.

(3) 174 persons/3.5 acres gross site size = 50 persons per acre average for the site.

2. Exceptions. Subject to approval of an administrative use permit, the community development director may determine another method of density calculation is appropriate based on the particular characteristics of the proposed use and/or development. The method of calculation shall remain consistent with recommended methodologies of Appendix “G” of the California Airport Land Use Planning Handbook.

B. Interpretation of Use Listing. The community development director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone that are consistent with the State Aeronautics Act with guidance from the California Airport Land Use Planning Handbook. This interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to Table 10.

(Ord. 1610 § 5 (part), 2014)

17.57.050 Airport overlay zone.

The safety zone boundaries described within the airport overlay zone are consistent with the adopted San Luis Obispo County regional airport land use plan. (Ord. 1610 § 5 (part), 2014)

17.57.060 Airspace protection.

A. Airspace Protection. Airspace protection standards are intended to reduce the risk of harm to people and property resulting from an aircraft accident by preventing the creation of land use features and prohibition of any activities that can pose hazards to the airspace used by aircraft in flight. Airspace protection standards regarding obstruction and hazards to air navigation are defined in the airport land use plan and apply to land uses and development within the airport overlay zone as summarized below:

1. Objects Affecting Navigable Airspace. Federal Aviation Regulation (FAR Part 77) and Public Utility Code (PUC) Section 21659 require that structures not penetrate the airspace protection surfaces of the airport without a permit from the California Department of Transportation or a determination by the Federal Aviation Administration (FAA) that the object does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. The airspace surrounding an airport is divided into segments called “imaginary surfaces,” which identify height limits for objects that require further study by the FAA to avoid creating hazards to air navigation. Structures that have the potential to be considered an obstruction by the FAA shall be subject to the provisions listed in subsections (A)(1)(a) through (c) of this section:

a. Proponents of a project shall file a notice of construction or alteration (Form 7460-1) with the Federal Aviation Administration (FAA) if a proposed structure is more than two hundred feet above ground level or may exceed one foot in height for every one hundred feet from the edge of the nearest point on the runway for a distance up to twenty thousand feet. Filing Form 7460-1 with the FAA will initiate an aeronautical study that will ensure a proposed structure does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation, including impeding any en route or terminal (airport) instrument procedures as per the United States Standard for Terminal Instrument Procedures (TERPS) described in FAA Order 8260.3B (Code of Federal Regulations Section 77.29, Evaluating Aeronautical Effect).

b. Approvals for such projects may include the requirement for an avigation easement, marking or lighting of the structure, or modifications to the structure. The avigation easement shall be consistent with the form and content of Exhibit H1 in Appendix H of the California Airport Land Use Planning Handbook.

c. Building permits shall not be issued for a project until a determination of no hazard has been issued by the FAA and any conditions in that determination are met.

2. Other Flight Hazards Prohibited. Any activities within the airport overlay zone (AOZ) which could pose a hazard to flight operations including but not limited to the following:

a. Glare or distracting lights that could be mistaken for airport lights;

b. Sources of dust, heat, steam, or smoke that may impair pilot vision, or light shows, or laser shows or spotlights;

c. Any emissions that may cause thermal plumes or other forms of unstable air that generate turbulence within the flight path;

d. Sources of electrical interference with aircraft communications or navigation;

e. Features that create an increased attraction for wildlife that may be hazardous to airport operations such as attraction of birds to the extent of creating a significant hazard of bird strikes (examples are outdoor storage or disposal of food or grain, or large, artificial water features; this provision is not intended to prevent enhancement or protection of existing wetlands or the mitigation of wetlands impacts). Features which may pose these risks shall be reviewed for consistency with the FAA’s Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports; and

f. Entails installation, construction, or enlargement of a structure that constitutes an obstruction to air navigation through penetration of FAA Part 77 surfaces except as may be approved by the Federal Aviation Administration (FAA). (Ord. 1610 § 5 (part), 2014)

17.57.070 Noise.

A. Airport Related Noise. Noise compatibility standards are intended to prevent the establishment of noise-sensitive land uses in portions of the airport environ that are exposed to significant levels of aircraft noise. Where permitted within the airport overlay zone (AOZ), the following noise-sensitive land uses shall comply with applicable noise exposure criteria:

1. Noise analysis from the Airport Master Plan Environmental Impact Report (2006), or subsequent noise analysis used to update the airport master plan, shall be used for mapping of the long-term noise impact of the airport’s aviation activity which includes future planned facilities development depicted in the FAA-approved airport layout plan. These noise contours are shown in Figure 13.

a. New Residential Development. New residential uses within the 60 dB CNEL contour as depicted in Figure 13 shall demonstrate consistency with maximum noise levels by providing noise analysis, construction details, or other information deemed necessary by the community development director to verify conformance with maximum interior noise levels.

2. Interior Noise Levels Not to Exceed 45 dB CNEL. For the following noise-sensitive land uses, aircraft-related, interior noise levels shall not exceed 45 dB CNEL (with windows closed):

a. Living or sleeping areas of single or multifamily residences;

b. Hotels and motels;

c. Hospitals and nursing homes;

d. Places of worship, meeting halls, and mortuaries; and

e. Schools, libraries and museums.

3. Interior Noise Levels Not to Exceed 50 dB CNEL. For the following noise-sensitive land uses, aircraft-related, interior noise levels shall not exceed 50 dB CNEL (with windows closed):

a. Office environments;

b. Eating and drinking establishments; and

c. Other miscellaneous commercial facilities. (Ord. 1610 § 5 (part), 2014)

17.57.080 Overflight notice.

A. Aircraft Overflight. Aircraft overflight standards are intended to provide overflight notification for land uses near the San Luis Obispo County regional airport. It shall be the responsibility of all owners of property offered for sale or for lease within the airport overlay zone (AOZ) to provide a disclosure prior to selling or leasing property in San Luis Obispo as specified in the airport land use plan.

All discretionary actions shall include a condition of approval requiring all owners of property offered for sale or for lease within the airport overlay zone to provide the aforementioned disclosure prior to selling or leasing property. For new residential land uses, the overflight notification shall be recorded and appear with the property deed. (Ord. 1610 § 5 (part), 2014)

17.57.090 Open land.

A. Open Land. Open land areas are intended to increase the chances of a pilot successfully landing an aircraft in an emergency situation where they are unable to reach the runway. The city has identified properties to contain open land areas as follows:

1. Airport area specific plan: two hundred fifty acres on the Chevron property with two areas specifically improved to meet ALUC standards; and a three-hundred-foot-wide strip adjacent to Buckley Road (twenty-four acres) on the Avila Ranch site.

2. Margarita area specific plan: two open land areas amid clustered development.

3. Laguna Lake public park open area: outside of AOZ but within the approach surface.

4. Brughelli property easement south of Buckley Road.

5. San Luis Ranch specific plan area, west of Highway 101 and south of Dalidio Drive.

6. City open space areas within the airport overlay zone.

Where open space or conservation easements have been obtained and the topography supports it, the city shall not allow uses to be established that conflict with their availability to be used as a landing option in the event of an emergency. Where easements have yet to be obtained, the city shall explore opportunities to incorporate the requirement for open land as part of the discretionary approval process. Open land areas shall be consistent with ALUP direction for size, orientation and topography.

(Ord. 1610 § 5 (part), 2014)