HomeMy WebLinkAboutReso 2003-134 - Benton Park Land UseRESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDDING OVERRIDING THE SHASTA COUNTY AIRPORT LAND
USE COMMISSION'S DETERMINATION THAT RESIDENTIAL
DEVELOPMENT IN AREA "A" OF THE NOB HILL SUBDIVISION,
UNIT 4, IS INCONSISTENT WITH THE BENTON AIRPORT
COMPREHENSIVE LAND USE PLAN AND FINDING THAT SAID
RESIDENTIAL DEVELOPMENT IS CONSISTENT WITH THE
PUBLIC SAFETY PURPOSES STATED IN PUBLIC UTILITIES
CODE, ARTICLE 3.5, SECTION 21670, ETSEQ.
WHEREAS, on October 3, 2000, after considering the recommendations of the Shasta County Airport
Land Use Commission (ALUC) regarding the subject property and the information in the record at a properly
noticed public hearing, the City Council determined that the land use designations as established in the
2000-2020 Redding General Plan for the property in Areas "A" and "B" of the Nob Hill Subdivision, Unit
4, as depicted in Exhibit "A" attached to this resolution, are consistent with the purposes of Section 21670
of the Public Utility Code and adopted Resolution No. 2000-166 of the City Council of the City of Redding,
certifying the Final Environmental Impact Report and adopting the 2000-2020 Redding General Plan; and
WHEREAS, Don Farley and Jaxon Baker have applied to the City of Redding for a 33-1ot residential
subdivision within the Benton Airpark Comprehensive Land Use Plan (BACLUP) Area; and
WHEREAS, the City referred the application to the Shasta County Airport Land Use Commission
(ALUC) for consideration in light of the goals, objectives, policies, and programs of the BACLUP; and
WHEREAS, on May 12, 2003, the Shasta County Airport Land Use Commission determined that the
proposed residential development in Areas "A" and "B" of the Nob Hill Subdivision, Unit 4, as shown on
Exhibit 1 of ALUC 02-001 (Exhibit "B" attached hereto), were inconsistent with the safety policies of the
Benton Airpark Comprehensive Land Use Plan; and
WHEREAS, the Shasta County ALUC recommended that the area within the Extended Approach Zone
for Benton Airpark is not appropriate for residential development; and
WHEREAS, a public hearing was held on July 1, 2003, at which time the City Council reviewed and
considered the testimonial and written evidence submitted during the public hearing, as well as the staff
reports and'all documents on file regarding this application;
NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Redding that residential
development in Area "A" of Nob Hill Subdivision, Unit 4, is consistent with the public safety purposes stated
in Public Utilities Code, Article 3.5, Section 21670, et seq.; and the City Council does hereby find that:
Nob Hill Subdivision Resolution, ALUC Override Page I
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Area "A" is located at the extreme outer comer of the Extended Approach Zone (EAZ), where the risk
of exposure to aviation accidents is significantly reduced when compared to locations within the EAZ
closer to the end of the runway including Area "B" as shown on Exhibit 1 of ALUC 02-001.
Area "A" is beyond the area owned by the City and identified on the City's General Plan land use
diagram as "Airport Service" or "Greenway," indicating that the planned land use for the area is not
critical to airport operations and will not create long-term operational impacts to Benton Airpark.
Area "A" is surrounded by areas already developed as residential and is not identified by the City or
BACLUP as being an area of concern in need of acquisition by the City to ensure land use compatibility.
Area "A" is not substantially related to the orderly development of the airport, but, in fact, is based on
its remote location and the characteristics of the airport, consistent with the orderly development of the
airport.
The physical constraints of Benton Airpark--with a major arterial on its north boundary, steep slope and
capped landfill to its west and south, and existing office--preclude or render difficult further substantial
expansion of Benton Airpark.
Consistent with the Noise Element, Policy N2I, and the City's Westside Area Plan, Policy 3-0 Aviation
Noise Policy 1, prior to recordation of a final map, the property owner/developer shall grant an avigation
easement to the City of Redding providing that the property owner or his successors shall hold the City
of Redding harmless for noise, safety, and other operational impacts associated with Benton Airpark.
The form and content of such easement is subject to approval by the City Attorney. The document will
identify potential land use compatibility concerns with regard to noise and safety between residential
uses and Airpark operations and will serve to notify all furore owners of affected property that aircraft
overflights occur.
The height limit of residential construction within Area "A" shall be consistent with the "RS-2.5" zoning
district of the City of Redding, which states that residential construction shall not exceed 35 feet in
height. The height limit restriction, along with the home site elevations being at approximately 690 feet
mean sea level (MSL),would not allow structures above 725 MSL. The Benton Airpark runway
elevation at the north end is 719 MSL. With a 20 to 1 approach slope requirement within Airpark
Approach Zones under Section 18.50.030 of the Zoning Ordinance and ALUC Resolution'No. 79-1 of
the Benton Airpark Comprehensive Land Use Plan (BACLUP), the minimum airspace protection ceiling
would allow structure heights up to 814 feet MSL at the location of Area "A. The "RS-2.5" zoning
restriction provides an 89-foot margin of safety over the minimum height limit restrictions in place. This
additional margin of safety further minimizes safety hazards from aviation accidents to potential
residents as well as occupants of aircraft.
The engineering and materials utilized in construction of the residences within Area "A" shall prevent
interior noise levels from exceeding 45 decibels (Ldn/CNEL and Leq) as required by existing City
ordinances and development policies.
Area "A" is located outside the projected 60 CNEL noise contours as indicated in the Noise Element of
the General Plan and the BACLUP. The draft Airpark Master Plan indicates that Airpark operations
Nob Hill Subdivision Resolution, ALUC Override Page 2
10.
11.
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15.
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will not exceed 46,000 by the year 2022. This is well below the number of operations expected to cause
the subject area to be within the 60 CNEL noise contour, as stated in the Noise Element, further
indicating that residential development within this area would not create new noise concerns.
Cai Trans Division of Aeronautics, in its 2002 publication entitled California Airport Land Use Planning
Handbook (CALUPH), advises that it is a common practice of ALUCs to allow "in-fill" development
in instances where a land use is otherwise incompatible with a CLUP.
The proposed residential land use is consistent with the City's General Plan Land Use Diagram and
Zoning Map and proposes residential densities in Area "A"lower than surrounding residential densities,
which is a key consideration (CALUPH p. 3-22) when considering infill development within an area
otherwise considered incompatible with the Airpark comprehensive land use plan.
As noted in the CALUPH [p3-21 ], it is not necessarily realistic to prevent technically incompatible
development of a small area surrounded by similar existing development (such as Area "A"). Allowing
infill under criteria established with a comprehensive land use plan is a common approach outlined in
that document. Since such criteria have not been established by ALUC, it is reasonable in light of the
facts in evidence herein and with implementation of the measures identified herein for the City to view
Area "A"as land appropriate for infill development.
Of the accident locations reported in the vicinity of the Benton Airport, none are identified as having
occurred between Eureka Way and the slopes at the north end of the runway in the vicinity of Area "A."
This, in addition to the other findings indicates that the introduction ofinfill residential uses to Area "A"
would not expose the public to an unacceptable level of risk
The Caltrans Division of Aeronautics 2002 "Californian Airport Land Use Planning Handbook"
(CALUPH) guidelines (p. 9-37) notes that areas shielded by adjacent higher terrain may experience
reduced levels of risk from aviation accidents. Since Area "A" is shielded by higher terrain to the north,
as well as existing residences on the ridge line, a reduced level of risk exists for Area "A" from landing
approaches from the north.
Area "A" does not have the desirable open land characteristics to serve as an emergency landing area,
thus its value for such purposes is minimal. According to the CALUPH (p 9-54), ideal emergency
landing sites are ones which are long, level, and free of obstacles, much like a runway. Area "A" terrain
consists of an approximately 1.25-acre south-facing slope, averagingl 1 percent. The area :is or will be
encircled with residential structures up to 35 feet in height. The shape of Area "A" is not conducive to
providing for emergency landings for north-south take offs and landings because of its topography, tree
cover, and orientation. Area "A" is not easily visible for pilots approaching from the north given that
it is shadowed by the ridge line and existing homes Therefore, due to its orientation, topography,
location within a developed residential area, and poor visibility, elimination of the open land would not
increase risk for pilots in need of an emergency landing area.
As indicated in the 2002 CALUPH (Figure 9E), the accident locations for arrivals indicates that of the
153 arrival accidents in the selected database for all covered airports in 43 states over a period of
10 years with runway lengths of less than 4,000 feet, two accidents occurred (1 percent) in what would
Nob Hill Subdivision Resolution, .4LUC Override Page 3
be the northerly 200 feet of the 1,000- by 2,000-foot Extended Approach Zone of the Benton Airpark.
Of the 191 depamu'e accidents in the selected database for all covered Airports in 43 states over a period
of 10 years with a runway length less than 4,000 feet, 4 accidents occurred (2 percent) in what would
"be the northerly 200 feet of the 1,000- by 2,000-foot Extended Approach Zone of Benton Airpark.
Area "A" constitutes approximately 25 percent of this area, indicating a low probability for an accident
to occur within Area "A." An acceptable level of risk regarding aviation arrival and departure accidents
within Area "A" is indicated.
17.
Since the only land uses acceptable in the EAZ, according to the BACLUP, are: storage, warehousing,
tracking yards, vehicle sales, repair, manufacturing, and similar uses (ALUC Resolution 79-1 Section 3)
and since these uses would be incompatible with existing residential land uses, such development within
Area "A" is not feasible.
18. Given that approximately 50 residential lots have already developed within the EAZ, residential land
use within Area "A" would fall within a level of acceptable risk considered to be a community norm.
19.
Conditional compatibility is a common practice used by ALUCs (CALUPH p. 3-22) to allow otherwise
incompatible uses. The City of Redding finds that the land use proposed in Area "A" will be compatible
through measures identified within this resolution.
The City Council of the City of Redding hereby finds and declares that proposed residential development in
Area "A" of the Nob Hill Subdivision, Unit 4, as shown on Exhibit 1 of ALUC 02-001, attached hereto as
Exhibit "B," is consistent with the safety policies and the purposes of the Public Utilities Code as set forth in
Article 3.5 at Section 21670, et seq.
I HEREBY CERTIFY that the foregoing resolution was introduced, read, and adopted at a regular
meeting of the City Council on the 2nd day of September ,2003, by the following vote:
AYES: COUNCIL MEMBERS: Kight,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
Mathena, Pohlmeyer, Stegall and Cibula
CIBU~A, M/a~o r
ATTEST:
Connie Stroh~ayer, Cityff/~erff
FORM APPROVED:
l~rad L. Fuller, City Attorney
Attachments:
Exhibit "A":
Exhibit "B":
Areas "A" and "B" of Nob Hill Subdivision, Unit 4
Exhibit "!" of ALUC 02-001
Nob Hill Subdivision Resolution, ALUC Override Page 4
MTG. DATE:
~SOURCE: OlS DIVISION GENERAL PLAN
~ DEVELOPMENT SERVICES DEPARTMENT
ITEM:
I ' OI 200 ~oo '16oo S-15-02 / JAXON BAKER & DON FARLEY
~r 1170 CIRCLE DR & 2798 SHASTA ST AWAC.UE.*:
DWG. NO: DATE PRODUCED:
P:XPLXSUBDV'X' DECEMBER 4, 2002 APN 103-290-037 & 103-690-021
S 1302
EXHIBIT A
· .PROPOSED sUBDiviSION'
AREAS OF CONCERN
RESOLUTION 79-1
POUCY 4-b
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JULY 20, 2000
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P:XP~NINGX DATE PRODUCED: OVERRIDE CONSIDERATION A~ACHUENT:
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eE~o.c~zo.~ JUNE 13, 2005