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HomeMy WebLinkAbout6.2 Livermore Airport Land Useor 19 82 /ii � 111 DATE: TO: FROM: SUBJECT STAFF REPORT CITY CLERK CITY COUNCIL File #420 - 30/450- 30/1060 -70 August 19, 2014 Honorable Mayor and City Councilmembers Christopher L. Foss, City Manager �?14 " Airport Land Use Compatibility Plan for the Livermore Municipal Airport General Plan Amendment and Zoning Ordinance Amendment (PLPA- 2014 - 00028) Prepared by Mamie R. Delgado, Senior Planner EXECUTIVE SUMMARY: In August 2012, the Alameda County Airport Land Use Commission adopted a comprehensive update to the 1986 Airport Land Use Compatibility Plan for the Livermore Municipal Airport. Pursuant to State Law, jurisdictions affected by the Plan are required to review and update their local plans for consistency with the Airport Land Use Compatibility Plan. Staff has reviewed the updated Airport Land Use Compatibility Plan and is proposing amendments to the General Plan and Zoning Ordinance to ensure consistency with the Airport Land Use Compatibility Plan. FINANCIAL IMPACT: None. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate, and take the following actions: a) Take a straw vote regarding the proposed General Plan Amendment to establish consistency with the Airport Land Use Compatibility Plan for the Livermore Municipal Airport; and b) Waive the reading and INTRODUCE an Ordinance approving Zoning Ordinance amendments to establish consistency with the Airport Land Use Compatibility Plan for the Livermore Municipal Airport. Submitted By Community Development Director 'Reviewed By Assistant City Manager Page 1 of 6 ITEM NO. 6.2 DESCRIPTION: Background The State Aeronautics Act provides for the establishment of an Airport Land Use Commission (ALUC) to protect the public health, safety and welfare by promoting the orderly expansion of airports and the adoption of land use measures by local public agencies to minimize the public's exposure to excessive noise and safety hazards near airports. The State Aeronautics Act also requires the preparation of a land use compatibility plan for public -use airports in California in order to encourage compatibility between airports and the various land uses that surround them. In 1971, Alameda County established an Airport Land Use Commission (ALUC) to prepare a land use compatibility plan for the Livermore Municipal Airport. The plan was adopted in 1977 and amended in 1979 and 1986. The land use compatibility plan promotes compatibility between the Livermore Municipal Airport and the surrounding environment which includes properties in the cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County. The Alameda County ALUC uses the land use compatibility plan when reviewing development projects that are proposed within the adopted airport referral area, also known as the Airport Influence Area (AIA). The AIA is an area surrounding the Livermore Municipal Airport where airport- related noise, overflight, safety and airspace protection factors may have an adverse effect on land uses. In Dublin, the AIA generally encompasses the area between Tassajara Road and the eastern City limit line, south of Gleason Drive (Attachment 1). In 1993, the Alameda County ALUC, at the request of the City of Livermore, amended the land use compatibility plan to include an Airport Protection Area (APA). The purpose for establishing the APA was to protect the Livermore Municipal Airport from possible closure or curtailment of operations due to the encroachment of incompatible land uses near the airport or under the flight pattern for the airport. In adopting the APA, restrictions were placed on the establishment of residential and other noise - sensitive land uses in an effort to minimize the public's exposure to noise and safety impacts from aircraft. The City's current General Plan land use designations remain in compliance with the APA. In 2012, the Alameda County ALUC completed a multi -year effort to update the 1986 land use compatibility plan. Because portions of Dublin are located within the AIA, APA and Safety Zones 6 and 7 for the Livermore Municipal Airport, the Alameda County ALUC engaged City Staff in the process to update the plan. Staff reviewed the draft plan and did not identify any significant changes in permitted land uses that would affect properties in Dublin under their current General Plan Land Use designations. On July 18, 2012, the Alameda County ALUC adopted the updated Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport (Attachment 2). When an ALUCP is amended or updated, State law requires that local agencies review their general plans and applicable specific plans to ensure that they remain consistent with the ALUCP. There are four ways a local agency can achieve consistency with an adopted ALUCP: Page 2 of 6 1. Incorporate policies into existing General Plan Elements. 2. Adopt a General Plan Airport Element. 3. Adopt the ALUCP as a stand -alone document. 4. Implement compatibility policies through zoning. In order for local plans to be found consistent with the ALUCP, they must address compatibility planning and avoid direct conflicts with compatibility planning criteria. Compatibility Planning Criteria The ALUCP sets forth policies related to the following compatibility planning criteria: Noise: Noise compatibility policies are established to prevent the development of noise - sensitive land uses in portions of the airport environ that are exposed to significant levels of aircraft noise. Safety: Safety compatibility policies are established to minimize the risk to people and property on the ground as well as people in an aircraft in the event of an accident or emergency landing occurring outside the airport boundary. Airspace Protection: Airspace protection policies are established to reduce the risk of harm to people and property resulting from an aircraft accident; these policies seek to prevent the creation of land use features that can be hazards to the airspace used by aircraft in flight. Overflight: Overflight policies are established to warn people near an airport of the presence of aircraft so they can make informed decisions before acquiring or leasing property within the airport referral area. Consistency Determination Proposed changes to local plans to address compatibility planning must be submitted to the Airport Land Use Commission (ALUC) for a consistency determination prior to adoption by the local agency. Once deemed consistent by the ALUC, future projects need only be reviewed by the ALUC under a limited number of circumstances which are discussed in further detail below. In the absence of a consistency determination by the ALUC, all projects within the Airport Influence Area (AIA) must be referred to the ALUC for review prior to approval. Staff is proposing adoption of General Plan policies and an Airport Overlay Zoning District to ensure compatibility with the ALUCP. The proposed General Plan policies address compatibility planning criteria and the proposed overlay zoning district will provide City Staff with the tools necessary to review projects within the AIA for compliance with ALUCP policies. The intent of the overlay zoning district would be to protect land uses from hazards related to airport operations; identify a range of uses compatible with the airport environ; prohibit the development of incompatible uses; require noise attenuation, where appropriate; and comply with the Federal Aviation Administration regulations, while maintaining local control of land use decisions. Staff reviewed the Eastern Dublin Specific Plan which currently addresses the Airport Protection Area (APA) for the Livermore Municipal Airport; therefore, the Specific Plan does not need to be amended. Page 3 of 6 On March 4, 2014, the proposed General Plan and Zoning Ordinance Amendments were presented to the Dublin City Council for review and recommendation to the Airport Land Use Commission. The City Council received the March 4t" report and directed Staff to submit the proposed General Plan and Zoning Ordinance Amendments to the Alameda County Airport Land Use Commission for a land use compatibility determination. On May 21, 2014, the proposed General Plan and Zoning Ordinance Amendments were presented to the Airport Land Use Commission for a consistency determination. The ALUC adopted Resolution 01 -2014 (Attachment 3) finding the proposed amendments consistent with the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the Livermore Municipal Airport. Proposed General Plan Amendments Staff is proposing amendments to the General Plan Land Use Element, Seismic Safety and Safety Element and Noise Element to incorporate policies to ensure compatibility between the General Plan and the ALUCP (Attachment 4). In addition, Staff is proposing that the Dublin General Plan Land Use Map (Figure 1 -1) be amended to include the Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety Zone 6 (Attachment 5). State law limits General Plan amendments to four per General Plan Element per calendar year. In order to avoid amendments in excess of the number permitted by State Law, General Plan amendments for specific projects can be grouped together and adopted by one resolution. Therefore, this proposed General Plan Amendment will be grouped together with other proposed General Plan Amendments and brought forward for formal action to be heard at a future City Council Meeting and approved with one action (Resolution). The City Council is being asked tonight to take a straw vote regarding the proposed General Plan Amendment. Proposed Overlay Zoning District Staff is also proposing the creation of an Airport Overlay Zoning District to implement the proposed General Plan policies (Attachment 6). An overlay zoning district is a regulatory tool that creates special zoning provisions in addition to those in the existing zoning district. The proposed Airport Overlay Zoning District would be placed over existing Planned Development Zoning Districts within the AIA and would include special provisions to address compatibility with the Livermore Municipal Airport. The boundary of the proposed overlay Zoning District would be coterminous with the Airport Influence Area (AIA) boundary and would be reflected on the Dublin Zoning Map (refer to Attachments 1 and 7). As noted earlier, the boundary generally encompasses the area between Tassajara Road and the eastern City limit line, south of Gleason Drive. All development within the AIA would be reviewed by City Staff for compliance with the proposed Airport Overlay Zoning District Chapter of the Zoning Ordinance. However, as noted above, State Law would still require that certain land use actions be reviewed by the ALUC prior to being approved by the City. These land use actions include: • General Plan or Specific Plan amendments that propose new land uses or increase the intensity or density of existing land uses. Page 4 of 6 • Zoning Ordinance amendments that introduce new land uses; increase the intensity or density of an existing land use; or involve airport related concerns (i.e. noise, safety, obstructions, or hazards). • Redevelopment of a property that introduces a new land use to replace an existing land use at a density or intensity that may differ from the existing use and the existing use is not compatible with the ALUCP. • Airport and Heliport Plans for new airports, heliports or helipads that require a State Airport Permit or the expansion of existing airports or heliports. In the past, Dublin projects, such as Fallon Village and more recently the Fallon Gateway freeway oriented sign, have been reviewed by the ALUC under this provision of State Law and were deemed consistent with the ALUCP. Planning Commission Meeting At the July 22, 2014 Planning Commission meeting, Staff presented the proposed General Plan and Zoning Ordinance Amendments and the Planning Commission adopted Resolutions 14 -33 and 14 -34 (Attachments 8 and 9) recommending City Council approval of the amendments. The draft City Council Resolution and Ordinance are included as Attachments 10 and 11. NOTICING REQUIREMENTS /PUBLIC OUTREACH: In accordance with State law, a Public Notice was published in the Valley Times and posted at several locations throughout the City. The Public Notice was also provided to all persons who have expressed an interest in being notified of meetings. A copy of this Staff Report has been made available on the City's website. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending that the proposed Amendments be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Amendments are exempt from CEQA because the Amendments do not, in and of itself, allow the construction of any building or structure, but rather sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. The Amendments, therefore, have no potential for resulting in significant physical change in the environment, directly or ultimately. ATTACHMENTS: 1. Airport Influence Area (AIA) boundary map. 2. Airport Land Use Compatibility Plan for the Livermore Municipal Airport, August 2012. 3. Airport Land Use Commission Resolution 01 -2014. 4. Proposed General Plan policies. Page 5 of 6 5. Proposed General Plan Land Use Map with Airport Influence Area boundary, Airport Protection Area boundary and Safety Zone 6. 6. Proposed Airport Overlay Zoning District Chapter. 7. Proposed Zoning Map with Airport Influence Area boundary, Airport Protection Area boundary and Safety Zone 6. 8. Planning Commission Resolution 14 -33 recommending that the City Council adopt a Resolution approving General Plan amendments to establish consistency with the Airport Land Use Compatibility Plan for the Livermore Municipal Airport. 9. Planning Commission Resolution 14 -34 recommending that the City Council adopt an Ordinance approving Zoning Ordinance amendments to establish consistency with the Airport Land Use Compatibility Plan for the Livermore Municipal Airport. 10. Draft City Council Resolution approving General Plan amendments to establish consistency with the Airport Land Use Compatibility Plan for the Livermore Municipal Airport. 11. Draft Ordinance approving Zoning Ordinance amendments to establish consistency with the Airport Land Use Compatibility Plan for the Livermore Municipal Airport. Page 6 of 6 as N N N O O Q O O 0 N Q N O O L � 7 m o o N T CZ N M N N � C Q i 0 co o Q D ro J O Q Q N O_ U C N O J I I „un V .�, dl IN M I • 1 N N N O O Q O O 0 N Q N O O L � 7 m o o N T CZ N M N N � C Q i 0 co o Q D ro J O Q Q N O_ U C N O J THE AIRPORT LAd USE COMMISSION OF ALAMEDA COUNTY HAYWARD, CA RESOLUTION 01. 2014 A l'"A MEETING HELD MAY 2-1, 2014 WHEREAS, CC)Uirrty Airport Land Use Canin,iis«-,Jans (AL.(JCs) were established pursuant to the State AL..U("' law (Public Utilities Code Article 15, State Aeronautics Act, Section 21.661.5, Section 21670 et seq., and Government Code Section 65302.3 et seq.,) to protect the pUblic: health, safety, and meifaire by prornoting ordierly expansion of airports and _se optlon of' land USC ineasures t-.)y local public agencies to rninirnize exr.)OSUire to excessive riolse and safety hazards near airports; and WHEREAS, staLe law au,A ' -horizes Al.,,U(I's to coordinate 1'.)lanning at the state, regional arid local levels; to prepare arid adopt Airport Land Use Compatibility Plans; and to review and rnake recornmendaLions concerning spre�cified plans, regUlabons and other actioris of local agencies and airport operators inClUding General and Specific Plan an'iendirnients, adoptiorl of a Zoning Ordinance or Flezonling, adoption of Building RegUatilons, revision of Airport Master Plans, and approval of" plains to construct a new air-port/heliport; and WHEREAS, the Airport Land Use Con"irrflssion op: ounty comrrnenced an ul.,)date to the 1.986 Aii-port 1, and Use Policy Plan for the I.Jverrnore IMUnicipaall Airport in 2001 7; and WHEREAS, the Airport Land Use Cornpatibility, Plan (Al IL)CP) for tiie Liverirnore MUrlibpal l'-p: ort was adopt&d by the pr p. Land Use Corrunission of Alarneda COUrity On July 18, 201.2; and WHEREAS, iin accordance wiLh the provisions of Goverrnment Cocle Section 653023 (a) (c)), and Sectlon 2 ,676 of the PLiblic Utflibes Codle once an airport land use con,irnission! has adopted or arnernded an Al.,.(JCP, within .180 -days local jurisdictions rnust 1.) arneind gerierai` plans and any applicable specift plains to be consistent with the Al IUCP; or 2) rinake findings in accordance with state law and overruIle the Al-OCT In whole or in part; arid 3) achieve as LWO th�:RJS City COU11Cd VOtE2 in support of the overrUle; and WHEREAS, the 1,80 -day review period for jUrISClictions that are locatc,.,,d in wl-iole or in Ipaarwt wlthin the Livermore lViUnicipal Airport's Airport InflUerice Area (AIA) commenced October 1r, 2012 and ended March 29, 2013; arid WHEREAS, on March 4, 201.4 the City of Dublin City Council approved Agenda Itern No, 8.5--the proposed General Rarn and Zoning Ordinance ArnencIrrients and authorized staff to subr-nit these to the Aian-)Ea,da COUnty ALUC for a Consistency [Deter"imination; and WFIEREAS, the City of [)ubliri, in cornpliance with this review reqUirernent st.ibrnitted propose(J Geneiral Plan and Zorilrig Ordinance Amendments to the At.J.JC for a consistency review vvil:h the ALLJCP for the Livermore MUnlcjf-)al Airport; and WHEREAS, the Airport Land Use Corrin-iission of Alarneda COUnty reviewed the Dubhn Gc-.!neral Plarr and Zonkig Ordinance Ari-rendments at the May 21, 2014 ALUC meeting; arid WHEREAS, the Airport L..and Use Cornrnission of Alan-ieda County accepts tl-ie proposed an'iendrr)ents to incorporate the Corrif-)atil.Aity Plan policies into the 1-and Use, 9 oise, and I., General Plan and Zoning Ordinance Amendments PLPA-2014-00028, as approved by the Dublin City Council on March 4, 2014 and Submitted by the City of Dubiin to the ALUC are consistent with the policies and provisions of the 2012 Airport Land Use Compatibility Pian for the Livermore Municipal Airport. NOW, THEREFORE BE IT FURTHER RESOLVED that the Airport Land Use Commission of Aiameda County took the following action at its May 21, 2014 regularly scheduled ALUC meeting: 1. Adopted Resohition 01-201.4 making this Consistency Determination in accordance with applicable law, AYES:: CHARPEN'rIER, HAURI, HENSON, MARCHAND, MORRIS NOES: NONE ABSENT: SPAULDING ABSTAINED: SIGNED: 0 W1k-.R HAURI., AIR, ALAMEDA COUN-ry AiRPoR-r LAND USE COMMISSION 11 Proposed General Plan Amendments Airport Land Use Compatibility Plan Land Use Element Staff is proposing that the following policies be added to the Land Use Element for the Eastern Extended Planning Area to address land use compatibility with the Livermore Municipal Airport: Guiding Policy: All land uses within the Livermore Municipal Airport, Airport Influence Area (AIA) shall be reviewed for consistency with the compatibility policies of the Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP). Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all development within the Airport Influence Area (AIA) is reviewed for consistency with all applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP) policies. Seismic Safety and Safety Element Staff is proposing that the following policies Element for the Eastern Extended Planning Livermore Municipal Airport: be added to the Seismic Safety and Safety Area to address safety associated with the Guiding Policy: All land uses within the Airport Influence Area (AIA) shall be reviewed for consistency with the safety compatibility policies and airspace protection policies of the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport. Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all development within the Airport Influence Area (AIA) is reviewed for consistency with all applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP) policies. Noise Element Staff is proposing that the following policies be added to the Noise Element for the Eastern Extended Planning Area to address noise associated with the Livermore Municipal Airport: Guiding Policy: All land uses within the Airport Influence Area (AIA) shall be reviewed for consistency with the noise compatibility policies and overflight policies of the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport. Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all development within the Airport Influence Area (AIA) is reviewed for consistency with all applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP) policies. 0 DUBLIN GENERAL PLAN (Figure 1 -1) WiN Land Use with Airport P r o t e c t i on Zones Roda e NP 2ds0 \ Cr lllllllli"' NSi - -- - - -r- e cP NP NS; I/ Dublin Blv d I -580 - .mi _ an sPn=n = �: 00 own i� 6 0 0.125 0.25 0.5 Miles ^�-^^� °' "' " "' °u ° " " -XFa1 °""' O LVK Airport Protection Area �_ wa LVK Airport Safety Zone �� =e a.a Ni outlm� O LVK Airport Influence Area ® - g - Sa 0 City of Dublin MM AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 CHAPTER 8.35 AIRPORT OVERLAY ZONING DISTRICT 8.35.010 Purpose and Intent. The purpose and intent of the Airport Overlay Zoning District is to: A. Implement the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport in accordance with State Law and as adopted by the Alameda County Airport Land Use Commission (ALUC). B. Implement the City's General Plan policies to ensure that all land uses within the Airport Influence Area (AIA) are consistent with the compatibility policies of the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport. C. Protect land uses around the airport from potential hazards related to airport operations. D. Identify a range of uses compatible with airport accident hazard and airport noise exposure. E. Prohibit the development of incompatible uses that are detrimental to the general health, safety and welfare and to existing and future airport operations. F. Require noise attenuated construction within the airport environs. G. Comply with federal aviation administration (FAA) regulations. 8.35.020 Definitions. For purposes of these regulations, certain words or phrases shall be interpreted as set forth in this Chapter unless it is apparent from the context that a different meaning is intended. Where any of the definitions of this Chapter may conflict with the definitions in Chapter 8.08 (Definitions) of the Dublin Zoning Ordinance, the definitions in Chapter 8.35 (Airport Overlay Zoning District) shall prevail for the purposes of this Chapter. A. Definitions (A -Z) Airport Influence Area (AIA). The area in which current or future airport- related noise, overflight, safety and /or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The Airport Influence Area is designated by the Airport Land Use Commission (ALUC) as its planning area boundary for the airport and the two terms can be considered synonymous. Airport Land Use Commission (ALUC). A commission authorized under the provisions of the California Public Utilities Code, Sections 21670 et seq. and established, in any county within City of Dublin Zoning Ordinance 35 -1 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 which a public -use airport is located, for the purpose of promoting compatibility between airports and the land uses surrounding them. Airport Land Use Compatibility Plan (ALUCP). A plan adopted by the Airport Land Use Commission (ALUC) which sets forth policies for promoting compatibility between airports and the land uses which surround them. This plan is sometimes referred to as an Airport Land Use Policy Plan (ALUPP). Airport Protection Area (APA). An area within the Airport Influence Area (AIA) established to prevent the encroachment of incompatible land uses near the vicinity of the Livermore Municipal Airport. Existing Land Use. A land use that either physically exists or else for which government approvals have been obtained through one or more of the following: A valid building permit has been issued; A legally valid development agreement has been approved and remains in effect pursuant to Government Code Section 65864 et seq. which provides that, "A development agreement shall specify duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings and provisions for reservation or dedication of land for public purposes. "; • A tentative parcel or tract map has been approved and the original period, excluding extensions, has not expired; • A vesting tentative parcel or tract map has been approved, pursuant to Government Code Section 66498.1(b) which "confer a vested right to proceed with development standards in effect at the time the vesting tentative map is approved or conditionally approved "; • A parcel or final map has been recorded; or • A use permit, planned unit development or Planned Development indicating the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings and provisions for reservation or dedication of land for public purposes that has been approved and not yet expired. Helipad. A small, designated area, usually with a prepared surface, on a heliport, airport, landing /take -off area, apron /ramp, or movement area used for take -off, landing or parking of helicopters. Heliport. A facility used for operating, basing, housing, and maintaining helicopters. Hospitals. Any facility other than a private physician's office or outpatient clinic, in which care is offered to individuals who exhibit physical, emotional, or mental disability or illness. City of Dublin Zoning Ordinance 35 -2 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 Examples include acute care hospitals, freestanding emergency rooms, nursing homes, board and care facilities, birthing centers, mental institutions and rehabilitation centers. Hotels and Motels. Any structure or facility intended or suitable for short -term occupancy by persons as a temporary dwelling. Examples include hotels, motels, bed and breakfast inns, youth hostels, pensions, and temporary shelters. Multifamily Residential (land use). Any project, development or other land use in which separate families or individuals occupy dwelling units which share a common wall or a common roof, or occupy a common legal parcel of real estate. Examples include duplexes, triplexes, quadriplexes, apartment buildings, condominiums, townhouses and residential courts. In addition, institutional uses such as hospitals, nursing homes, board and care facilities, correctional institutions and boarding schools, which entail the long -term occupancy of a single structure by unrelated individuals are considered multifamily residential. Nonconforming Use. An Existing Land Use that does not conform to an adopted or subsequently amended airport land use compatibility plan. Office Buildings (land use). Any development, regardless of structure size, which includes significant floor space suitable for use by personnel performing or providing clerical, professional, or financial services as a primary use. The presence of limited office space for support of another primary function is not considered an office building under this definition. Redevelopment. Construction of a new use (though this does not have to be a new land use type) to replace an Existing Land Use at a density or intensity that may differ from the existing use. Single - Family Residential (land use). The use of land for dwellings in such manner that no more than one primary dwelling unit is developed on each legal parcel and the size of each legal parcel is less than one acre. 8.35.030 Applicability. The Airport Overlay Zoning District shall apply to all lands within the Airport Overlay Zone mapped on the official Zoning Map. The Airport Overlay Zone is coterminous with the Livermore Municipal Airport, Airport Influence Area (AIA) as identified in Figure 3 -1 and described in Section 3. 1.1 of Chapter 3 of the adopted Livermore Municipal Airport ALUCP (August 2012). The Airport Overlay Zoning District is a designation in addition to the Planned Development (PD) Zoning District designation that each property in the Airport Overlay Zoning District retains. The PD Zoning District ordinance for each property contains all the information regarding permitted and conditionally permitted uses and development standards and regulations while the Airport Overlay Zoning District provides a mechanism to review land uses within the District for consistency with the ALUCP for the Livermore Municipal Airport. City of Dublin Zoning Ordinance 35 -3 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 All permitted and conditionally permitted uses set forth in a PD Zoning District that was adopted and in effect prior to August 2012 shall be deemed Existing Land Uses pursuant to the Livermore Municipal Airport ALUCP. The Alameda County ALUC has no authority over Existing Land Uses unless changes to an Existing Land Use results in an increase of non- conformity with ALUCP policies and the change would increase the intensity or density of the use beyond what was permitted by the Existing Land Use (Reference: ALUCP Chapter 2, Section 2.7.5.7(b)). 8.35.040 Projects Subject to Compliance with this Chapter. A. Projects Subject to Review by the Airport Land Use Commission (ALUC). The following land use actions shall be reviewed by the Airport Land Use Commission (ALUC) for compliance with the Livermore Municipal Airport ALUCP prior to approval by the City (Reference: ALUCP, Chapter 2, Section 2.6.1): 1. General Plan or Specific Plan Amendments. General Plan or Specific Plan Amendments that propose new land uses or increase the intensity or density of Existing Land Uses within the Airport Influence Area (AIA). Existing Land Uses are defined in Section 8.35.020.A (Definitions A -Z) of this Chapter. 2. Zoning Ordinance Amendments. Zoning Ordinance Amendments that: a. Introduce a new land use (i.e. Use Type) within the AIA not contemplated by an Existing Land Use; or b. Increase the intensity or density of, or permitted by, an Existing Land Use within the AIA; or C. Involve any of the following airport- related concerns: 1. Exposure to aircraft noise; 2. Exposure of persons on the ground to accident potential; 3. Creation of obstructions to air navigation; or 4. Creation of hazards to flight such as wildlife hazards, smoke, flare, lighting, electrical interference and thermal plumes. 3. Redevelopment. Redevelopment of a property that: a. Replaces an Existing Land Use with a new use; or b. Increases the intensity or density of, or permitted by, an Existing Land Use which is consistent with the General Plan and /or Specific Plan but does City of Dublin Zoning Ordinance 35 -4 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 not conform to the compatibility criteria set forth in the Livermore Municipal Airport ALUCP. 4. Airport and Heliport Plans. Any proposal for a new airport, heliport or helipad, for public or private use, if the facility requires a State Airport Permit and any proposal to expand an existing airport or heliport that is not included in an approved master plan for the airport or heliport and such expansion will require an amendment to a State Airport Permit. B. Projects Subject to Review by the City. All ministerial actions and all discretionary actions shall be reviewed by the City for compliance with the Livermore Municipal Airport ALUCP and this Chapter prior to approval. 1. Ministerial Actions. Projects subject to a ministerial action including, but not limited to, Business License applications, Building Permit applications, Zoning Clearance applications and Site Development Review Waivers shall document compliance with Section 8.35.050 (Development Regulations) of this Chapter prior to approval. a. Exceptions to Ministerial Actions. The following ministerial actions shall be exempt from the requirements of this Chapter: i. Business License applications for out of town businesses, home occupations, change of owner or business name, and daily /itinerant business licenses. ii. Building permit applications for projects subject to a discretionary action where compliance has already been documented as part of the discretionary action. iii. All other Building Permit applications except for Commercial Alterations. iv. Zoning Clearance applications for temporary promotional signs. V. Zoning Clearance applications for permanent signs when limited to wall signs only. vi. Temporary Use Permit applications. vii. Heritage Tree Removal applications. 2. Discretionary Actions. Projects subject to a discretionary action including, but not limited to General Plan Amendments, Specific Plans and Specific Plan Amendments, Zoning Ordinance Amendments, Site Development Review Permits, Variances, Conditional Use Permits and Minor Use Permits, shall document compliance with Section 8.35.050 (Development Regulations) of this Chapter and all required findings for the applicable discretionary action in addition to those in Section 8.35.060.0 (Required Findings) of this Chapter shall be made prior to approval of the project. City of Dublin Zoning Ordinance 35 -5 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 If, during the course of review of any ministerial or discretionary action, the City identifies potential airport related concerns, the Community Development Director has the authority to require that the project be referred to the Airport Land Use Commission for review. 8.35.050 Development Regulations. Projects subject to compliance with this Chapter shall comply with the compatibility policies and criteria for airport related noise, public safety, airspace protection and aircraft overflight as set forth in Section 3.3 of the Livermore Municipal Airport ALUCP (August 2012). 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 Influence Area (AIA), the following noise - sensitive land uses shall comply with applicable noise exposure criteria. 1. Interior Noise Levels not to Exceed 45db CNEL. For the following noise - sensitive land uses, aircraft - related, interior noise levels shall not exceed 45dB CNEL (with windows closed): a. Living or sleeping areas of single or multi - family residences; b. Hotels and motels; C. Hospitals and nursing homes; d. Place of Worship, meeting halls, and mortuaries; and e. Schools, libraries and museums. 2. Interior Noise Levels not to Exceed 50 dB CNEL. For the following noise - sensitive land uses, aircraft - related, interior noise levels shall not exceed 50dB CNEL (with windows closed): a. Office environments; b. Eating and drinking establishments; and C. Other miscellaneous commercial facilities. B. Public Safety. 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. 1. Airport Influence Area (AIA). The following land uses have been determined by the ALUCP to have a high risk of exposing persons to airport- related safety hazards and are therefore prohibited within the AIA and the Airport Overlay Zone: a. Field and stalk crops; b. Dry farm and grain; City of Dublin Zoning Ordinance 35 -6 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 C. Forest reserves; and d. Fish and game reserves. The following land uses have been determined by the ALUCP to be "conditional" within the AIA. "Conditional" means that the uses may be compatible with airport operations depending on their location, size, bulk, height, density and intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal Airport ALUCP (August 2012) for conditional criteria. a. Medium to large indoor assembly ( >300 <1,000 people); b. Waterways (rivers, creeks, swamps, bays, lakes); C. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water storage, flood control or water conveyance channels; and d. Water treatment. 2. Airport Influence Area (AIA), Safety Zone 6. The following land uses have been determined by the ALUCP to have a high risk of exposing persons to airport- related safety hazards and are therefore prohibited in those portions of the AIA and Airport Overlay Zone identified as "Zone 6: Traffic Pattern Zone." Refer to Figure 35 -1 of this Chapter. a. Schools (K -12); b. High capacity indoor assembly ( >1,000 people); C. Large outdoor assembly (>1,000 people); d. Orchards; e. Power plants; and f. Golf courses. The following land uses have been determined by the ALUCP to be "conditional" within those portions of the AIA identified as "Zone 6: Traffic Pattern Zone." Refer to Figure 35 -1 of this Chapter. "Conditional" means that the uses may be compatible with airport operations depending on their location, size, bulk, height, density and intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal Airport ALUCP (August 2012) for conditional criteria. a. Commercial daycare ( >6); b. In- patient facilities (i.e. hospitals, health care facilities, non - ambulatory medical centers, sanitariums, psychiatric facilities); C. Congregate care facilities, ambulatory and non - ambulatory (i.e. assisted living, convalescent, rehabilitation facilities, retirement homes); d. Correctional facilities; e. Low capacity indoor assembly ( <300 people); and f. Vineyards. 3. Airport Influence Area (AIA), Safety Zone 7. The following land uses have been determined by the ALUCP to be "conditional" within those portions of the City of Dublin Zoning Ordinance 35 -7 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 AIA identified as "Zone 7: Area between Zone 6 and the AIA boundary." Refer to Figure 35 -1 of this Chapter. "Conditional" means that the uses may be compatible with airport operations depending on their location, size, bulk, height, density and intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal Airport ALUCP (August 2012) for conditional criteria. a. High capacity indoor assembly ( >1,000 people); b. Medium to large indoor assembly (>300 <1,000 people); C. Large outdoor assembly ( >1,000 people); d. Waterways (rivers, creeks, swamps, bays, lakes); e. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water storage, flood control or water conveyance channels; L Water treatment; g. Power plants; and h. Golf courses. 4. Airport Protection Area (APA). The Airport Protection Area (APA) is an area within the Airport Influence Area (AIA) that has been established to prevent the encroachment of incompatible land uses near the Livermore Municipal Airport. Refer to Figure 35 -1 of this Chapter. The following land uses have been determined by the ALUCP to have a high risk of exposing persons to airport - related safety hazards and are therefore prohibited within the APA: a. Single family residential; b. Multi - family residential; C. Hotels and motels; and d. Long term lodging (i.e. dormitories, etc.). 5. Uses Considered "Conditional ". Uses considered "conditional" may be compatible with airport operations depending on their location, size, bulk, height, density and intensity of use. The primary measure of risk exposure, for people on the ground in the event of an aircraft accident, is the number of people concentrated in a single area. Applications, whether ministerial or discretionary, to establish uses considered "conditional" shall be referred to the Alameda County ALUC for an advisory review. The ALUC will identify any design or locational strategies that could reduce or avoid harm to those on the ground resulting from a potential aircraft accident. City of Dublin Zoning Ordinance 35 -8 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 Figure 35 -1 Airport Overlay Zone �rP�rN A i r p o r t O v e r l a y Z o n e May 2 01 4 7>'rr7 °/'l r%" 77 P' rd ., ✓, i;;�r4`'� ) /�" " " : r �Ji J _. r w �,w». /i/'%r4 /f / /d!��/ �G'`' rnrri j +W ® /r yA1f / IJ r�Xr ✓% i� �` ✓f 1r g ..' -q: A" nt't`ei�3 r ✓ r� %�/ ! , / , f d r , '15/1''/ /) rr 1Jr ° � a " / f j .. w- �� x oi rrrrr J , �r�cly»rJh�m°�iren�ifs°i " /// fJ /r/ p r� .l l ✓6r fi / f / / J f// prdr O J /t >> , f tiff ... .. 1 Airport Protection Area(APA) '� Safety Zone6 [.r:.J Cihof Dublin 0 0.25 0.5 1 Miles O Airport Influence Pree (AlA) /Overlay Zoning Districtm� Seky Zane 7/� Right Of Wey C. 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 that can be hazards to the airspace used by aircraft in flight. 1. Federal Aviation Administration (FAA) Review. The following airspace protection standards shall apply to all projects regardless of whether they are proposed within or outside of the Airport Influence Area (AIA). a. Proponents of a project shall notify the FAA if a proposed structure may exceed 1 -foot in height for every 100 -feet from the edge of the nearest runway for a distance up to 20,000 -feet. b. Proponents of a project shall notify the FAA if a proposed structure is more than 200 -feet above ground level. 2. Other Flight Hazards. The following specific characteristics shall be avoided within the Airport Influence Area (AIA): City of Dublin Zoning Ordinance 35 -9 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 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; C. Sources of steam or other 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; and e. Features that create an increased attraction for wildlife. D. Aircraft Overflight. Aircraft overflight standards are intended to provide overflight notification for land uses near the Livermore Municipal Airport. It shall be the responsibility of all owners of property offered for -sale or for -lease within the Airport Overlay Zoning District to provide the following disclosure prior to selling or leasing property in Dublin. NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. All discretionary actions shall include a condition of approval requiring all owners of property offered for -sale or for -lease within the Airport Overlay Zoning District 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. 8.35.060 Procedures. A. Approval. All ministerial and discretionary actions within the Airport Overlay Zoning District, unless otherwise exempted in Section 8.35.040.B.1.a (Exceptions to Ministerial Actions), shall be reviewed for consistency with the Livermore Municipal Airport ALUCP and this Chapter prior to approval. Projects listed in Section 8.35.040.A (Projects Subject to Review by the Airport Land Use Commission (ALUC)) shall be referred to the Airport Land Use Commission (ALUC) for a determination of consistency prior to approval. City of Dublin Zoning Ordinance 35 -10 Date AIRPORT OVERLAY ZONING DISTRICT Chapter 8.35 Uses listed in Section 8.35.050.B (Public Safety) as "conditional" shall be referred to the Airport Land Use Commission (ALUC) for advisory review prior to approval. B. Overrule Provisions. Should the Alameda County ALUC deem a project inconsistent with the Livermore Municipal Airport ALUCP, the City Council may, pursuant to Public Utilities Code Section 21676(b), overrule the ALUC. C. Required Findings. Notwithstanding Section 8.35.060.B, when a project within the Airport Overlay Zoning District is also subject to approval of a discretionary action, the following additional findings shall all be made prior to approving the project: 1. The project complies with the noise compatibility policies of the Livermore Municipal Airport ALUCP. 2. The project complies with the safety compatibility policies of the Livermore Municipal Airport ALUCP. 3. The project complies with the airspace protection policies of the Livermore Municipal Airport ALUCP. 4. The project complies with the overflight policies of the Livermore Municipal Airport ALUCP. City of Dublin Zoning Ordinance 35 -11 Date D U B L I N Z 0 N I N G M A P Kt SU. li CITY OF DUBLIN PD PD, _, _ _ RESO. 105-85 RESO 54 98 I- - .I I,Si PD I -PD ORD IS 98 RESO 03 -97 CI RESO 09 98 PD IIPD D 'RESO. 105 -85 RES0. 30 -98 ORD RESO PD 104-98 1 09 -12 I. 01- 05702 -05 1 105 -85 = - - PD 1 PD RESO. PD - PD PD S "0L PD ORD. 1 104 -94 RESO. 141 97 PD ORD. ORD -'+ PD 1 ORD 06 99 I8-00' PD ORD. 24 -10 15 -00 04 98 ESO 55 96. 1 PD 1D OR0..06 00• zz- .lam PD _RESO. 105 -85 PD - PD - - - PD 1 1 - PD ORD. 21 -02•' P RESO. 06 -95• _ - PD oRD. 10 -10 RD ORD ORD. 1 1 ORD. 34-08 - 12 06* ORD. 08-07 09 09• PD _ORD 06 -00• ORD. 28 -05 PD PD ORD. 16 -98* ORD 13 -00* ORD 2f MAa Tn- Valley 3— isdlotlons Overlay Zoning Districts General Residential Commensal Industrial Ory of evermore - - mtlor overlay A Mnodrure R_1 O sngre famNfeeNCenwr CO tarvnaoar offxx M -P fmusmar vark - 9 [minimrun wraea) 6ry of Pleasantm � rv�sone wenay Po o Ma���oma. fl_z •mm�R �a , c -M M -I my o ary asary 9att rm, ra,N wra,�7 Pamon `— — --c-1— y famNaesvknoar C -1 feerar[arvnemar M -z //®ry fnasmar O ParksR Zorvn9U R �as� Knimotlsarery zones ouzo oowarowa o�ma zomayo, :ova c -z caaaar remmaroar . -. _. _. _.. ary I.— oCZD ormrin [mss,rg zwurg oismtt sp—a I.fluerce O LVKAIryMInluenceA� 09 R Rock PD PD 05 -I2 ORD 12 704• 1 1' PD _ ORD. 1310 } 'PD O ORD. 06 -00' ORD- 'ORD. } _PD - ORD 07-10 D 24 OS 0 09 =12 45 -08 Pp ORD. 104-98 1 09 -12 I. 01- 05702 -05 1 105 -85 = - - PD 1 PD RESO. PD - PD PD S "0L PD ORD. 1 104 -94 RESO. 141 97 PD ORD. ORD -'+ PD 1 ORD 06 99 I8-00' PD ORD. 24 -10 15 -00 04 98 ESO 55 96. 1 PD 1D OR0..06 00• zz- .lam PD _RESO. 105 -85 PD - PD - - - PD 1 1 - PD ORD. 21 -02•' P RESO. 06 -95• _ - PD oRD. 10 -10 RD ORD ORD. 1 1 ORD. 34-08 - 12 06* ORD. 08-07 09 09• PD _ORD 06 -00• ORD. 28 -05 PD PD ORD. 16 -98* ORD 13 -00* ORD 2f MAa Tn- Valley 3— isdlotlons Overlay Zoning Districts General Residential Commensal Industrial Ory of evermore - - mtlor overlay A Mnodrure R_1 O sngre famNfeeNCenwr CO tarvnaoar offxx M -P fmusmar vark - 9 [minimrun wraea) 6ry of Pleasantm � rv�sone wenay Po o Ma���oma. fl_z •mm�R �a , c -M M -I my o ary asary 9att rm, ra,N wra,�7 Pamon `— — --c-1— y famNaesvknoar C -1 feerar[arvnemar M -z //®ry fnasmar O ParksR Zorvn9U R �as� Knimotlsarery zones ouzo oowarowa o�ma zomayo, :ova c -z caaaar remmaroar . -. _. _. _.. ary I.— oCZD ormrin [mss,rg zwurg oismtt sp—a I.fluerce O LVKAIryMInluenceA� RESOLUTION NO. 14 -33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING GENERAL PLAN AMENDMENTS TO ESTABLISH CONSISTENCY WITH THE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE LIVERMORE MUNICIPAL AIRPORT CITY -WIDE PLPA- 2014 -00028 WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption and updating of land use compatibility plans for all public -use airports in Alameda County; and WHEREAS, in 2012, Alameda County completed a multi -year effort to update the 1986 land use compatibility plan for the Livermore Municipal Airport; and WHEREAS, the land use compatibility plan promotes compatibility between the Livermore Municipal Airport and the surrounding environment which includes properties in the cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and WHEREAS, pursuant to State law, when a land use compatibility plan is amended or updated local agencies must review their general plans, applicable specific plans and zoning ordinances to ensure that they remain consistent with the land use compatibility plan; and WHEREAS, amendments are proposed to the Dublin General Plan Land Use Element, Seismic Safety and Safety Element and Noise Element to incorporate policies to establish consistency between the Dublin General Plan and the land use compatibility plan for the Livermore Municipal Airport; and WHEREAS, amendments are also proposed to the Dublin General Plan Land Use Map (Figure 1 -1) to include the Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety Zone 6; and WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the Airport Land Use Commission for a determination of consistency with the updated land use compatibility plan for the Livermore Municipal Airport prior to being adopted by the local jurisdiction; and WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission adopted Resolution 01 -2014 finding the proposed General Plan Amendments consistent with the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the Livermore Municipal Airport; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Amendments be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Amendments are exempt from CEQA because the Amendments do not, in and of itself, allow the construction of any building or structure, but rather sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. The Amendments, therefore, have no potential for resulting in significant physical change in the environment, directly or ultimately; and WHEREAS, on July 22, 2014, the Planning Commission held a properly noticed public hearing on the proposed General Plan amendments, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated July 22, 2014, and incorporated herein by reference, described and analyzed the proposed General Plan amendments. The Staff Report recommended that the Planning Commission recommend City Council approval of the General Plan amendments; and WHEREAS, the Planning Commission used their independent judgment and considered the Staff Report and all reports, recommendations, and testimony referenced above prior to making any recommendations on the proposed General Plan amendments. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt the resolution attached as Exhibit A, incorporated herein by reference, approving General Plan amendments related to the Airport Land Use Compatibility Plan for the Livermore Municipal Airport. PASSED, APPROVED AND ADOPTED this 22nd day of July 2014 by the following vote: AYES: Bhuthimethee, Do, O'Keefe, Goel, Kohli NOES: ABSENT: ABSTAIN: ATTEST: Assistant Community Development Director Planning Commission Chair 2of2 RESOLUTION NO. 14 -34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING ZONING ORDINANCE AMENDMENTS TO ESTABLISH CONSISTENCY WITH THE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE LIVERMORE MUNICIPAL AIRPORT CITY -WIDE PLPA- 2014 -00028 WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption and updating of land use compatibility plans for all public -use airports in Alameda County; and WHEREAS, in 2012, Alameda County completed a multi -year effort to update the 1986 land use compatibility plan for the Livermore Municipal Airport; and WHEREAS, the land use compatibility plan promotes compatibility between the Livermore Municipal Airport and the surrounding environment which includes properties in the cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and WHEREAS, pursuant to State law, when a land use compatibility plan is amended or updated local agencies must review their general plans, applicable specific plans and zoning ordinances to ensure that they remain consistent with the land use compatibility plan; and WHEREAS, amendments are proposed to the Dublin Zoning Ordinance to add Chapter 8.35 (Airport Overlay Zoning District) to establish consistency between the Dublin Zoning Ordinance and the land use compatibility plan for the Livermore Municipal Airport; and WHEREAS, amendments are also proposed to the Dublin Zoning Map to include the Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety Zone 6; and WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the Airport Land Use Commission for a determination of consistency with the updated land use compatibility plan for the Livermore Municipal Airport prior to being adopted by the local jurisdiction; and WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission adopted Resolution 01 -2014 finding the proposed Zoning Ordinance Amendments consistent with the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the Livermore Municipal Airport; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Amendments be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Amendments are exempt from CEQA because the Amendments do not, in and of itself, allow the construction of any building or structure, but rather sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. The Amendments, therefore, have no potential for resulting in significant physical change in the environment, directly or ultimately; and WHEREAS, on July 22, 2014, the Planning Commission held a properly noticed public hearing on the proposed Zoning Ordinance and related General Plan amendments, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated July 22, 2014, and incorporated herein by reference, described and analyzed the proposed Zoning Ordinance and related General Plan amendments. The Staff Report recommended that the Planning Commission recommend City Council approval of the Zoning Ordinance and related General Plan amendments. Following the public hearing, the Planning Commission adopted Resolution 14 -33 recommending that the City Council approve the related General Plan amendments; and WHEREAS, the Planning Commission used their independent judgment and considered the Staff Report and all reports, recommendations, and testimony referenced above prior to making any recommendations on the proposed Zoning Ordinance amendments. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt the ordinance attached as Exhibit A, incorporated herein by reference, approving Zoning Ordinance amendments related to the Airport Land Use Compatibility Plan for the Livermore Municipal Airport, based on the following findings: 1. The amendments provide procedures and regulations to ensure that projects in the Airport Influence Area (AIA) will be reviewed for compatibility with the adopted Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport. 2. The amendments are consistent with the General Plan, as amended by the related General Plan amendments, and with the Eastern Dublin Specific Plan. PASSED, APPROVED AND ADOPTED this 22nd day of July 2014 by the following vote: AYES: Bhuthimethee, Do, O'Keefe, Goel, Kohli NOES: ABSENT: ABSTAIN: ATTEST: Assistant Community Development Director Planning Commission Chair 2of2 RESOLUTION NO. XX - 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** APPROVING GENERAL PLAN AMENDMENTS TO ESTABLISH CONSISTENCY WITH THE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE LIVERMORE MUNICIPAL AIRPORT CITY -WIDE PLPA- 2014 -00028 WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption and updating of land use compatibility plans for all public -use airports in Alameda County; and WHEREAS, in 2012, Alameda County completed a multi -year effort to update the 1986 land use compatibility plan for the Livermore Municipal Airport; and WHEREAS, the land use compatibility plan promotes compatibility between the Livermore Municipal Airport and the surrounding environment which includes properties in the cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and WHEREAS, pursuant to State law, when a land use compatibility plan is amended or updated local agencies must review their general plans, applicable specific plans and zoning ordinances to ensure that they remain consistent with the land use compatibility plan; and WHEREAS, amendments are proposed to the Dublin General Plan Land Use Element, Seismic Safety and Safety Element and Noise Element to incorporate policies to establish consistency between the Dublin General Plan and the land use compatibility plan for the Livermore Municipal Airport; and WHEREAS, amendments are also proposed to the Dublin General Plan Land Use Map (Figure 1 -1) to include the Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety Zone 6; and WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the Airport Land Use Commission for a determination of consistency with the updated land use compatibility plan for the Livermore Municipal Airport prior to being adopted by the local jurisdiction; and WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission adopted Resolution 01 -2014 finding the proposed General Plan Amendments consistent with the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the Livermore Municipal Airport; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed Amendments be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Amendments are exempt 1 of 4 from CEQA because the Amendments do not, in and of itself, allow the construction of any building or structure, but rather sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. The Amendments, therefore, have no potential for resulting in significant physical change in the environment, directly or ultimately; and WHEREAS, consistent with section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan amendments. None of the contacted tribes requested a consultation within the 90 -day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, on July 22, 2014, the Planning Commission adopted Resolution 14 -33 recommending that the City Council approve the proposed General Plan amendments, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 19, 2014, the City Council held a properly noticed public hearing on the proposed General Plan amendments, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated August 19, 2014, and incorporated herein by reference, described and analyzed the proposed General Plan amendments. The Staff Report recommended that the City Council approve the General Plan amendments; and WHEREAS, the City Council used their independent judgment and considered the Staff Report and all reports, recommendations, and testimony referenced above prior to approving the proposed General Plan amendments. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City Council finds that the General Plan amendments, as set forth below, are in the public interest, will promote general health, safety and welfare, and that the General Plan as amended will remain internally consistent. The amendments are consistent with the guiding and implementing policies of the General Plan in each of the General Plan elements. The General Plan amendments noted below will ensure that the Dublin General Plan is consistent with the 2012 Airport Land Use Compatibility Plan for the Livermore Municipal Airport. BE IT FURTHER RESOLVED that the City Council hereby adopts the following amendments to the General Plan: 1. The Dublin General Plan Land Use Map (Figure 1 -1) shall be amended to include the Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety Zone 6 as shown below- 2 of 4 2. The Land Use Element shall be amended to add the following policies: Section 2.5.4 Eastern Extended Planning Areas Guiding Policy: All proposed land uses within the Livermore Municipal Airport, Airport Influence Area (AIA) shall be reviewed for consistency with the compatibility policies of the Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP). Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all proposed development within the Airport Influence Area (AIA) is reviewed for consistency with all applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP) policies. Section 2.6.4 Eastern Extended Planning Area Guiding Policy: All proposed land uses within the Livermore Municipal Airport, Airport Influence Area (AIA) shall be reviewed for consistency with the compatibility policies of the Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP). Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all proposed development within the Airport Influence Area (AIA) is reviewed for consistency with all applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP) policies. 3of4 3. The Seismic Safety and Safety Element shall be amended to add Section 8.4 and include the following policies: Section 8.4 Airport Land Use Compatibility Section 8.4.1 Eastern Extended Planning Area Guiding Policy: All proposed land uses within the Airport Influence Area (AIA) shall be reviewed for consistency with the safety compatibility policies and airspace protection policies of the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport. Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all proposed development within the Airport Influence Area (AIA) is reviewed for consistency with all applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP) policies. 4. The Noise Element shall be amended to add Section 9.3 and include the following policies: Section 9.3 Airport Land Use Compatibility Section 9.3.1 Eastern Extended Planning Area Guiding Policy: All proposed land uses within the Airport Influence Area (AIA) shall be reviewed for consistency with the noise compatibility policies and overflight policies of the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport. Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all proposed development within the Airport Influence Area (AIA) is reviewed for consistency with all applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP) policies. PASSED, APPROVED AND ADOPTED this _ day of , 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 4of4 Mayor ORDINANCE NO. xx — 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * ** APPROVING ZONING ORDINANCE AMENDMENTS TO ESTABLISH CONSISTENCY WITH THE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE LIVERMORE MUNICIPAL AIRPORT CITY -WIDE PLPA- 2014 -00028 WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption and updating of land use compatibility plans for all public -use airports in Alameda County; and WHEREAS, in 2012, Alameda County completed a multi -year effort to update the 1986 land use compatibility plan for the Livermore Municipal Airport; and WHEREAS, the land use compatibility plan promotes compatibility between the Livermore Municipal Airport and the surrounding environment which includes properties in the cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and WHEREAS, pursuant to State law, when a land use compatibility plan is amended or updated local agencies must review their general plans, applicable specific plans and zoning ordinances to ensure that they remain consistent with the land use compatibility plan; and WHEREAS, amendments are proposed to the Dublin Zoning Ordinance to add Chapter 8.35 (Airport Overlay Zoning District) to establish consistency between the Dublin Zoning Ordinance and the land use compatibility plan for the Livermore Municipal Airport; and WHEREAS, amendments are also proposed to the Dublin Zoning Map to include the Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety Zone 6; and WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the Airport Land Use Commission for a determination of consistency with the updated land use compatibility plan for the Livermore Municipal Airport prior to being adopted by the local jurisdiction; and WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission adopted Resolution 01 -2014 finding the proposed Zoning Ordinance Amendments consistent with the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the Livermore Municipal Airport; and WHEREAS, on July 22, 2014 the Planning Commission adopted Resolution 14 -XX recommending that the City Council approve the related General Plan amendments and Resolution 14 -XX recommending that the City Council approved the proposed Zoning Ordinance amendments, which resolutions are incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on August 19, 2014, the City Council held a properly noticed public hearing on the proposed General Plan and Zoning Ordinance amendments, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated August 19, 2014, and incorporated herein by reference, described and analyzed the proposed General Plan and Zoning Ordinance amendments. The Staff Report recommended that the City Council adopt the amendments. Following the public hearing, the City Council adopted Resolution XX -14 approving the related General Plan amendments, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the City Council used their independent judgment and considered the Staff Report and all reports, recommendations, and testimony referenced above prior to approving the proposed Zoning Ordinance amendments. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Ordinance. SECTION 1: The City Council finds that this Ordinance is consistent with the Dublin General Plan in that the General Plan, as amended, includes policies that are in the public interest, will promote general health, safety and welfare and are consistent with the 2012 Airport Land Use Compatibility Plan for the Livermore Municipal Airport. SECTION 2: Compliance with California Environmental Quality Act ( "CEQA "): The City Council declares this Ordinance exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Amendments are exempt from CEQA because the Amendments do not, in and of itself, allow the construction of any building or structure, but rather sets forth the regulations that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed. The Amendments, therefore, have no potential for resulting in significant physical change in the environment, directly or ultimately. SECTION 3: The following Chapter shall be added to the Dublin Zoning Ordinance: CHAPTER 8.35 AIRPORT OVERLAY ZONING DISTRICT 8.35.010 Purpose and Intent. The purpose and intent of the Airport Overlay Zoning District is to: A. Implement the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport in accordance with State Law and as adopted by the Alameda County Airport Land Use Commission (ALUC). 2of13 B. Implement the City's General Plan policies to ensure that all proposed land uses within the Airport Influence Area (AIA) are consistent with the compatibility policies of the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport. C. Protect land uses around the airport from potential hazards related to airport operations. D. Identify a range of uses compatible with potential airport accident hazard and airport noise exposure. E. Prohibit the development of incompatible uses that are detrimental to the general health, safety and welfare and to existing and future airport operations. F. Require noise attenuated construction within the airport environs. G. Comply with federal aviation administration (FAA) regulations. 8.35.020 Definitions. For purposes of these regulations, certain words or phrases shall be interpreted as set forth in this Chapter unless it is apparent from the context that a different meaning is intended. Where any of the definitions of this Chapter may conflict with the definitions in Chapter 8.08 (Definitions) of the Dublin Zoning Ordinance, the definitions in Chapter 8.35 (Airport Overlay Zoning District) shall prevail for the purposes of this Chapter. A. Definitions (A -Z) Airport Influence Area (AIA). The area in which current or future airport- related noise, overflight, safety and /or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The Airport Influence Area is designated by the Airport Land Use Commission (ALUC) as its planning area boundary for the airport and the two terms can be considered synonymous. Airport Land Use Commission (ALUC). A commission authorized under the provisions of the California Public Utilities Code, Sections 21670 et seq. and established, in any county within which a public -use airport is located, for the purpose of promoting compatibility between airports and the land uses surrounding them. Airport Land Use Compatibility Plan (ALUCP). A plan adopted by the Airport Land Use Commission (ALUC) which sets forth policies for promoting compatibility between airports and the land uses which surround them. This plan is sometimes referred to as an Airport Land Use Policy Plan ( ALUPP). Airport Protection Area (APA). An area within the Airport Influence Area (AIA) established to prevent the encroachment of incompatible land uses near the vicinity of the Livermore Municipal Airport. Existing Land Use. A land use that either physically exists or else for which government approvals have been obtained through one or more of the following- 3 of 13 • A valid building permit has been issued; • A legally valid development agreement has been approved and remains in effect pursuant to Government Code Section 65864 et seq. which provides that, "A development agreement shall specify duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings and provisions for reservation or dedication of land for public purposes. "; • A tentative parcel or tract map has been approved and the original period, excluding extensions, has not expired; • A vesting tentative parcel or tract map has been approved, pursuant to Government Code Section 66498.1(b) which "confer a vested right to proceed with development standards in effect at the time the vesting tentative map is approved or conditionally approved "; • A parcel or final map has been recorded; or • A use permit, planned unit development or Planned Development zoning indicating the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings and provisions for reservation or dedication of land for public purposes that has been approved and not yet expired. Helipad. A small, designated area, usually with a prepared surface, on a heliport, airport, landing /take -off area, apron /ramp, or movement area used for take -off, landing or parking of helicopters. Heliport. A facility used for operating, basing, housing, and maintaining helicopters. Hospitals. Any facility other than a private physician's office or outpatient clinic, in which care is offered to individuals who exhibit physical, emotional, or mental disability or illness. Examples include acute care hospitals, freestanding emergency rooms, nursing homes, board and care facilities, birthing centers, mental institutions and rehabilitation centers. Hotels and Motels. Any structure or facility intended or suitable for short -term occupancy by persons as a temporary dwelling. Examples include hotels, motels, bed and breakfast inns, youth hostels, pensions, and temporary shelters. Multifamily Residential (land use). Any project, development or other land use in which separate families or individuals occupy dwelling units which share a common wall or a common roof, or occupy a common legal parcel of real estate. Examples include duplexes, triplexes, quadriplexes, apartment buildings, condominiums, townhouses and residential courts. In addition, institutional uses such as hospitals, nursing homes, board and care facilities, correctional institutions and boarding schools, which entail the long -term occupancy of a single structure by unrelated individuals are considered multifamily residential. Nonconforming Use. An Existing Land Use that does not conform to an adopted or subsequently amended airport land use compatibility plan. 4 of 13 Office Buildings (land use). Any development, regardless of structure size, which includes significant floor space suitable for use by personnel performing or providing clerical, professional, or financial services as a primary use. The presence of limited office space for support of another primary function is not considered an office building under this definition. Redevelopment. Construction of a new use (though this does not have to be a new land use type) to replace an Existing Land Use at a density or intensity that may differ from the existing use. Single - Family Residential (land use). The use of land for dwellings in such manner that no more than one primary dwelling unit is developed on each legal parcel and the size of each legal parcel is less than one acre. 8.35.030 Applicability. The Airport Overlay Zoning District shall apply to all lands within the Airport Overlay Zone mapped on the official Zoning Map. The Airport Overlay Zone is coterminous with the Livermore Municipal Airport, Airport Influence Area (AIA) as identified in Figure 3 -1 and described in Section 3.1.1 of Chapter 3 of the adopted Livermore Municipal Airport ALUCP (August 2012). The Airport Overlay Zoning District is a designation in addition to the Planned Development (PD) Zoning District designation that each property in the Airport Overlay Zoning District retains. The PD Zoning District ordinance for each property contains all the information regarding permitted and conditionally permitted uses and development standards and regulations while the Airport Overlay Zoning District provides a mechanism to review land uses within the District for consistency with the ALUCP for the Livermore Municipal Airport. All permitted and conditionally permitted uses set forth in a PD Zoning District that was adopted and in effect prior to August 2012 shall be deemed Existing Land Uses pursuant to the Livermore Municipal Airport ALUCP. The Alameda County ALUC has no authority over Existing Land Uses unless changes to an Existing Land Use results in an increase of non - conformity with ALUCP policies and the change would increase the intensity or density of the use beyond what was permitted by the Existing Land Use (Reference: ALUCP Chapter 2, Section 2.7.5.7(b)). 8.35.040 Projects Subject to Compliance with this Chapter. A. Projects Subject to Review by the Airport Land Use Commission (ALUC). The following land use actions shall be reviewed by the Airport Land Use Commission (ALUC) for compliance with the Livermore Municipal Airport ALUCP prior to approval by the City (Reference: ALUCP, Chapter 2, Section 2.6.1): 1. General Plan or Specific Plan Amendments. General Plan or Specific Plan Amendments that propose new land uses or increase the intensity or density of Existing Land Uses within the Airport Influence Area (AIA). Existing Land Uses are defined in Section 8.35.020.A (Definitions A -Z) of this Chapter. 2. Zoning Ordinance Amendments. Zoning Ordinance Amendments that- 5 of 13 a. Introduce a new land use (i.e. Use Type) within the AIA not contemplated by an Existing Land Use; or b. Increase the intensity or density of, or permitted by, an Existing Land Use within the AIA; or C. Involve any of the following airport- related concerns- 1 . Exposure to aircraft noise; 2. Exposure of persons on the ground to accident potential; 3. Creation of obstructions to air navigation; or 4. Creation of hazards to flight such as wildlife hazards, smoke, flare, lighting, electrical interference and thermal plumes. 3. Redevelopment. Redevelopment of a property that: a. Replaces an Existing Land Use with a new use; or b. Increases the intensity or density of, or permitted by, an Existing Land Use which is consistent with the General Plan and /or Specific Plan but does not conform to the compatibility criteria set forth in the Livermore Municipal Airport ALUCP. 4. Airport and Heliport Plans. Any proposal for a new airport, heliport or helipad, for public or private use, if the facility requires a State Airport Permit and any proposal to expand an existing airport or heliport that is not included in an approved master plan for the airport or heliport and such expansion will require an amendment to a State Airport Permit. B. Projects Subject to Review by the City. All ministerial actions and all discretionary actions shall be reviewed by the City for compliance with the Livermore Municipal Airport ALUCP and this Chapter prior to approval. 1. Ministerial Actions. Projects subject to a ministerial action including, but not limited to, Business License applications, Building Permit applications, Zoning Clearance applications and Site Development Review Waivers shall document compliance with Section 8.35.050 (Development Regulations) of this Chapter prior to approval. a. Exceptions to Ministerial Actions. The following ministerial actions shall be exempt from the requirements of this Chapter: Business License applications for out of town businesses, home occupations, change of owner or business name, and daily /itinerant business licenses. 6 of 13 ii. Building permit applications for projects subject to a discretionary action where compliance has already been documented as part of the discretionary action. iii. All other Building Permit applications except for Commercial Alterations. iv. Zoning Clearance applications for temporary promotional signs. V. Zoning Clearance applications for permanent signs when limited to wall signs only. vi. Temporary Use Permit applications. vii. Heritage Tree Removal applications. 2. Discretionary Actions. Projects subject to a discretionary action including, but not limited to General Plan Amendments, Specific Plans and Specific Plan Amendments, Zoning Ordinance Amendments, Site Development Review Permits, Tentative Maps, Variances, Conditional Use Permits and Minor Use Permits, shall document compliance with Section 8.35.050 (Development Regulations) of this Chapter and all required findings for the applicable discretionary action in addition to those in Section 8.35.060.0 (Required Findings) of this Chapter shall be made prior to approval of the project. 3. Referral. If, during the course of review of any ministerial or discretionary action, the City identifies potential airport related concerns, the Community Development Director has the authority to require that the project be referred to the Airport Land Use Commission for review. 8.35.050 Development Regulations. Projects subject to compliance with this Chapter shall comply with the compatibility policies and criteria for airport related noise, public safety, airspace protection and aircraft overflight as set forth in Section 3.3 of the Livermore Municipal Airport ALUCP (August 2012). 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 Influence Area (AIA), the following noise - sensitive land uses shall comply with applicable noise exposure criteria. 1. Interior Noise Levels not to Exceed 45db CNEL. For the following noise - sensitive land uses, aircraft - related, interior noise levels shall not exceed 45dB CNEL (with windows closed): a. Living or sleeping areas of single or multi - family residences; b. Hotels and motels; C. Hospitals and nursing homes; d. Place of Worship, meeting halls, and mortuaries; and e. Schools, libraries and museums. 2. Interior Noise Levels not to Exceed 50 dB CNEL. For the following noise - sensitive land uses, aircraft - related, interior noise levels shall not exceed 50dB CNEL (with windows closed): 7 of 13 a. Office environments; b. Eating and drinking establishments; and C. Other miscellaneous commercial facilities. B. Public Safety. 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. 1. Airport Influence Area (AIA). The following land uses have been determined by the ALUCP to have a high risk of exposing persons to airport- related safety hazards and are therefore prohibited within the AIA and the Airport Overlay Zone: a. Field and stalk crops; b. Dry farm and grain; C. Forest reserves; and d. Fish and game reserves. The following land uses have been determined by the ALUCP to be "conditional" within the AIA. "Conditional" means that the uses may be compatible with airport operations depending on their location, size, bulk, height, density and intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal Airport ALUCP (August 2012) for conditional criteria. a. Medium to large indoor assembly ( >300 <1,000 people); b. Waterways (rivers, creeks, swamps, bays, lakes); C. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water storage, flood control or water conveyance channels; and d. Water treatment. 2. Airport Influence Area (AIA), Safety Zone 6. The following land uses have been determined by the ALUCP to have a high risk of exposing persons to airport - related safety hazards and are therefore prohibited in those portions of the AIA and Airport Overlay Zone identified as "Zone 6: Traffic Pattern Zone." Refer to Figure 35 -1 of this Chapter. a. Schools (K -12); b. High capacity indoor assembly ( >1,000 people); C. Large outdoor assembly ( >1 000 people); d. Orchards; e. Power plants; and f. Golf courses. The following land uses have been determined by the ALUCP to be "conditional" within those portions of the AIA identified as "Zone 6: Traffic Pattern Zone." Refer to Figure 35 -1 of this Chapter. "Conditional" means that the uses may be compatible with airport operations depending on their location, size, bulk, height, density and intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal Airport ALUCP (August 2012) for conditional criteria. 8 of 13 a. Commercial daycare ( >6); b. In- patient facilities (i.e. hospitals, health care facilities, non - ambulatory medical centers, sanitariums, psychiatric facilities); C. Congregate care facilities, ambulatory and non - ambulatory (i.e. assisted living, convalescent, rehabilitation facilities, retirement homes); d. Correctional facilities; e. Low capacity indoor assembly ( <300 people); and f. Vineyards. 3. Airport Influence Area (AIA), Safety Zone 7. The following land uses have been determined by the ALUCP to be "conditional" within those portions of the AIA identified as "Zone 7: Area between Zone 6 and the AIA boundary." Refer to Figure 35 -1 of this Chapter. "Conditional" means that the uses may be compatible with airport operations depending on their location, size, bulk, height, density and intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal Airport ALUCP (August 2012) for conditional criteria. a. High capacity indoor assembly ( >1,000 people); b. Medium to large indoor assembly ( >300 <1 000 people); C. Large outdoor assembly ( >1 000 people); d. Waterways (rivers, creeks, swamps, bays, lakes); e. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water storage, flood control or water conveyance channels; f. Water treatment; g. Power plants; and h. Golf courses. 4. Airport Protection Area (APA). The Airport Protection Area (APA) is an area within the Airport Influence Area (AIA) that has been established to prevent the encroachment of incompatible land uses near the Livermore Municipal Airport. Refer to Figure 35 -1 of this Chapter. The following land uses have been determined by the ALUCP to have a high risk of exposing persons to airport - related safety hazards and are therefore prohibited within the APA: a. Single family residential; b. Multi- family residential; C. Hotels and motels; and d. Long term lodging (i.e. dormitories, etc.). 5. Uses Considered "Conditional ". Uses considered "conditional" may be compatible with airport operations depending on their location, size, bulk, height, density and intensity of use. The primary measure of risk exposure, for people on the ground in the event of an aircraft accident, is the number of people concentrated in a single area. Applications, whether ministerial or discretionary, to establish uses considered "conditional" shall be referred to the Alameda County ALUC for an advisory review. The ALUC will identify any design or locational strategies that could reduce or avoid harm to those on the ground resulting from a potential aircraft accident. 9 of 13 Figure 35 -1 Airport Overlay Zone IAirport Overlay Zone May 20141 YK rr�Uk� ai {����C,�y�piy l✓i /iiY�� ..f �.. ". °..:.. r .. �jl. r ".," rrd ",�se�. °. pi„' 4. i( }'S$ f f�� .. ": ���(r��;� /�I��.�kl����i�. s �k ✓��.. I »<�� "" p r,riF�dl',�,�a di Id of 0" olV a'b"0' �� >r a �a f J m'o e rR� o" "' �m'''+ 00 n rJn ."Moo �01 m e�' (a ae ' rr d�g.i,o 'r o'0 "r I �a� I: �F I L.� Airport Protection Aren (APA) A Snfety Zane 6 City of Dublin 0 0.25 0.5 1 4 I d O Airport Influence Prey (AlA) /Overlay Zoning District..: Safey Zone? Right Of Way Miles C. 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 that can be hazards to the airspace used by aircraft in flight. 1. Federal Aviation Administration (FAA) Review. The following airspace protection standards shall apply to all projects regardless of whether they are proposed within or outside of the Airport Influence Area (AIA). a. Proponents of a project shall notify the FAA if a proposed structure may exceed 1 -foot in height for every 100 -feet from the edge of the nearest runway for a distance up to 20,000 -feet. b. Proponents of a project shall notify the FAA if a proposed structure is more than 200 -feet above ground level at its site. 2. Other Flight Hazards. The following specific characteristics shall be avoided within the Airport Influence Area (AIA): a. Glare or distracting lights that could be mistaken for airport lights; 10 of 13 b. Sources of dust, heat, steam, or smoke that may impair pilot vision; C. Sources of steam or other 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; and e. Features that create an increased attraction for wildlife. D. Aircraft Overflight. Aircraft overflight standards are intended to provide overflight notification for land uses near the Livermore Municipal Airport. It shall be the responsibility of all owners of property offered for -sale or for -lease within the Airport Overlay Zoning District to provide the following disclosure prior to selling or leasing property in Dublin. NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase or lease and determine whether they are acceptable to you. All discretionary actions shall include a condition of approval requiring all owners of property offered for -sale or for -lease within the Airport Overlay Zoning District 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. 8.35.060 Procedures. A. Approval. All ministerial and discretionary actions within the Airport Overlay Zoning District, unless otherwise exempted in Section 8.35.040.B.1.a (Exceptions to Ministerial Actions), shall be reviewed for consistency with the Livermore Municipal Airport ALUCP and this Chapter prior to approval. Projects listed in Section 8.35.040.A (Projects Subject to Review by the Airport Land Use Commission (ALUC)) shall be referred to the Airport Land Use Commission (ALUC) for a determination of consistency prior to approval. Uses listed in Section 8.35.050.13 (Public Safety) as "conditional" shall be referred to the Airport Land Use Commission (ALUC) for advisory review prior to approval. B. Overrule Provisions. Should the Alameda County ALUC deem a project inconsistent with the Livermore Municipal Airport ALUCP, the City Council may, pursuant to Public Utilities Code Section 21676(b), overrule the ALUC. 11 of 13 C. Required Findings. Notwithstanding Section 8.35.060.13, when a project within the Airport Overlay Zoning District is also subject to approval of a discretionary action, the following additional findings shall all be made prior to approving the project- 1. The project complies with the noise compatibility policies of the Livermore Municipal Airport ALUCP. 2. The project complies with the safety compatibility policies of the Livermore Municipal Airport ALUCP. 3. The project complies with the airspace protection policies of the Livermore Municipal Airport ALUCP. 4. The project complies with the overflight policies of the Livermore Municipal Airport ALUCP. SECTION 4: The Dublin Zoning Map shall be amended to include the Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety Zone 6 as shown below- D U B L I N G 0 N I N G M A 1' Toi- VaIIeY 1.611X[- Overlay 2nning pN.H., Gerveral Resiaenefa� Ca¢nmercial IntluY?rfaf UM „ ,w,,, e���,.,� ] o „,..gym, = o UU9 UU w m ffin ..„. UM nn.0 IVIVIVIVIVIOIVIV „ ��^ ^��� ^ ^ ^ -•�� rz °^�� � ° °��° �-��������^ SECTION 5: Effective Date and Posting of Ordinance This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. 12 of 13 PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of , 20147 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk 13 of 13 Mayor