HomeMy WebLinkAbout8.2 Livermore Airport Commission • l
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 22, 1990
SUBJECT: Response to December 28, 1989 letter from City
of Livermore regarding Livermore Airport
Commission Recommendations
REPORT PREPARED BY: Brenda Gillarde, Project Coordinator
ATTACHMENTS: 1. May 24, 1989, letter from Dublin City
Council to Livermore City Council
2. December 1989, letter from City of Livermore
requesting comments on the proposed airport
protection area.
3. January 1990, letter from Dublin City
Council to Livermore City Council (for City
Council approval - see Attachment 3) .
RECOMMENDATION:1. Approve and send letter to Livermore City
Council, with any Council changes.
FINANCIAL STATEMENT: Undetermined
DESCRIPTION:
I. BACKGROUND
On May 22, 1989, the Council considered the Final Report of the
Livermore Airport Citizens Advisory Committee. At that time, the Council
raised concerns over the report's recommendation for a 3,000 foot zone
extending from I-580 north into the East Dublin General Plan/Specific Plan
Study Area. The Council directed Staff to send a letter to the Livermore City
Council outlining their concerns (see Attachment 1) .
II. ISSUES
In December 1989, the City of Livermore forwarded a memorandum from the
Livermore Airport Commission to the City of Dublin for comment. The
memorandum recommends approval and designation of an airport portection area
for the Livermore Municipal Airport (see Attachment 2) . The protection area
would extend approximately 2,200 feet into the East Dublin Planning area.
Land uses within the protection area would be restricted by the following
Airport Commission recommendations:
1. No residential development would be allowed.
2. Avigation easements would have to be dedicated to the City of Livermore.
An avigation easement would preclude a property owner from bringing a
nuisance action against the City of Livermore because of noise, dust,
and similar effects of aircraft operations.
3. Maximum height limits would be 40 feet
4. Maximum interior noise levels would be 55 CNEL (approximately 70 CNEL
exterior) .
5. Development would have to comply with 1986 ALUC (Airport Land Use
Commission) regulations for population density.
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COPIES TO:
r
ITEM NO. �6
Establishment of the protection area and the land use restrictions would have
a significant impact on the planning efforts for the East Dublin area. The
protection area extends over most of the East Dublin flatlands along I-580.
Because the land use planning stage has just begun for East Dublin, it is
somewhat difficult to precisely identify the impacts of the airport
recommendations. However, based on preliminary uses being considered in the
flatland area (business and industrial park with some retail and residential)
the following effects are identified:
a. Business or industrial, park development would probably not be affected
unless the 1986 ALUC regulations for population density and structural
development preclude certain types of commercial uses.
b. Residential development would be eliminated. This would substantially
limit the opportunity to create concentrated centers in East Dublin
where people live and work close to major transportation routes.
C. Options could be restricted for locating schools, parks and necessary
roadways to serve the East Dublin project area.
Per discussion with Libby Silver, Assistant City Attorney, the protection area
would not be legally binding unless adopted by the Alameda County Airport Land
Use Commission (ALUC) . The City is not aware of ALUC support for the
Livermore proposal.
In summary, adoption of the Livermore recommendations at this stage in the
General Plan/Specific Plan process for East Dublin would prematurely limit the
City's options for creative land use planning. It could commit the City to an
unworkable mix of land uses from both a planning and economic perspective.
Additional Staff analysis of the airport protection area proposal will be
required once the preferred land use alternative is developed for East Dublin.
III. CONCLUSION
Staff recommends the following:
1. Send a letter to the City of Livermore specifying Council concerns (see
Attachment 3) .
2. Direct Staff to monitor the situation and report back to Council if
additional action is necessary.
Development Je[vi%:a Building & 5aiely 66'9-Ubz/-
Box 2340 Ens= ,ring/Public Works 829-4927
Diklin, CQ 94568
May 24, 1989
Livermore City Council
c/o Honorable Mayor Dale Turner
City Administration Building
1052 South Livermore Avenue
Livermore, CA 94550
RE: Final Report of the Livermore Airport Citizens Advisory Committee to the
City Councils of Livermore and Pleasanton, November 1988
Dear Mayor Turner and City Council members:
The Dublin City Council has reviewed the above noted report and raises the
following concerns and questions. We would appreciate your timely response to
these issues.
1. Recommendation #3 (on page 6 of the report) seeks to establish a regional
airport committee (reporting directly to the Livermore City Council) to address
issues involving the airport and the surrounding region. The Committee should
consist of:
one member of the Dublin City Council
one member of the Livermore Airport Commission
one member of the Livermore City Council
one member of the Pleasanton City Council
one member of the San Ramon City Council
- the Alameda County Supervisor from this district
one member of LAFCO
With respect to this recommendation, we would like answers to ttie following
questions:
- How is the Dublin Council person selected to the Regional Airport
Advisory Committee?
- When will the Regional Airport Advisory Committee be formed, .their
first meeting convened and subsequent meetings take place?
- What powers will the Regional Airport Advisory Committee have and how
will they affect the East Dublin area?
- How does the Regional Airport Advisory Committee interact with the
Alameda County Airport Land Use Commission?
- How long could the Regional Airport Advisory Committee be in operation?
- What process will be used to allow affected jurisdictions to review,
comment and respond to the actions of the Regional Airport Advisory
Committee and any subsequent actions taken by the Livermore City
Council?
2. Recommendation #10 (on page 7 of the report) suggests that the City of
Livermore encourage the City of Dublin to exclude residential development on
properties within 3000 feet north of Highway I-580 bounded by Santa Rita Road
and Collier Canyon Road.
ARAMM
With respect to thi_ _ecommendation, we would like cote that it would create
significant problems for 'Dublin. At this time, the East Dublin General Plan
Amendment/Specific Plan studies and EIR are being worked on. It is almost
certain that residential land uses of varying densities will be proposed within
3000 feet of I-580 (between Santa Rita and Collier Canyon roads) . If this
recommendation is somehow enforced, it could negatively affect the entire East
Dublin planning effort. In addition, it would be contrary to our General Plan
in that our Extended Planning Area map shows consideration We recommend sidentiathat
development within 3000 feet of I-580 (see Attachment 1) .
the Livermore City Council and the Regional Airport Advisory Committee (once it
is formed) fully consider Dublin's planning intentions for the East Dublin area
and devise a more reasonable recommendation. In short, Dublin will fully
resist all attempts to make this 3000 foot limitation a reality.
3. In general, it appears that the Airport Citizen' s Advisory Committee would
like to maximize the activities of the airport while disregarding development
potential for the East Dublin area. It also appears that the Committee has riot
taken the time to contact the City of Dublin or the Alameda County Airport Land
Use Commission to obtain useful input prior to writing this report. What
attempts will be made to rectify these concerns?
4. Will the City of Livermore be formally contacting Dublin regarding
recommendations included in the report?
In conclusion, we would like you to address these concerns. If you should have
any questions, please feel free to contact me or Rod Barger, Senior Planner of
our Planning Department. Thank you for your cooperation.
Sine rely,
ti
Paul C. Moffat t
Mayor
PM/RB:ga
cc: City Council
Richard Ambrose, City Manager
Larry Tong, Planning Director
Lee Horner, Livermore City Manager
John Heins, Livermore Public Works Director
Planning File
ADMINISTRATION BUILDING
1052 South Livermore AvrIlLIC
Livarnow,CA 9-1550
(415) 449-4000
December 28, 1989
Richard Ambrose, City Manager
city of Dublin
Dublin, CA 94568
Dear Rich:
The Livermore Airport commission recently forwarded the
attached recommendations to our City Council for appropriate
action. The ' Council referred the Commission' s report to staff and
to those agencies that would be impacted by the proposed
protection area. You will note that the protection area includes
certain areas that are still within Dublin' s Sphere of Influence.
ed
The City of Dublin may wish to comment on the propos
recommendations. This matter will be scheduled for a future
council meeting - probably in February, 1990. Your comments, if
any, should be submitted to us before the end of January, 1990. ,
LEE HORNER
City Manager
Attachment
cc: Carol Greany, City Clerk
Bob Brown, Planning Director
John Hines, Public Works Director
=h
ATTACHMENT
CITY OF LIVERMORE
INTEROFFICE MEMORANDUM
DATE: November 27 , 1989
TO: City Council
FROM: Airport Commission
SUBJECT: Airport Commission Proposed "Livermore Airport
Protection Area" and Land Uses within that area.
The Livermore Airport Commission recommends that an airport
protection area be designated and approved for the Livermore
Municipal Airport. The protection area is shown on the attached
layout and is marked as Exhibit "A" . . It approximates the flight
traffic pattern around the airport and matches the area covered
by the existing City ordinance limiting height of improvements to
a maximum of 40 feet above ground surface levels.
Regarding land uses within the airport protection area that are
now in the city limits or later added to the City, the Airport
Commission strongly recommends that:
1. New residential developments shall be prohibited.
2 . All new developments be required to dedicate_.,avigation
easements to the City of Livermore prior to
development.
3 . All new buildings be required by zoning to be
constructed so as to limit noise to 50 CNEL in
sleeping areas and 55 CNEL for all other interior
areas.
4 . All new developments that also fall within the ALUC
Safety Zones (4_, 400 ft. long and 2 , 500 ft. wide east
of Runway 25R and 5, 400 ft. long and 2 , 500 ft. wide
west of the future 1, 250 ft. extension of Runway 7L) ,
must also conform to no less than the 1986 ALUC' s
policies and standards which regulate population
density and structural development.
5 . All new developments in regard to height restrictions,
shall Have no uses which are inconsistent with Federal
Aviation Regulations Part 77 or with local height
ordinances .
November 27 , 1989
Page 2
It is requested that the City Council take such means as to
request that similar controls be applied by Dublin, Pleasanton
and Alameda County for such areas as come under their
jurisdictions .
BOB COWAN, Chair
Airport Commission
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AIRPORT PROTE
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AVIGATION EASEMENT
This indenture, made this day of , 19 ,
between
(hereinafter "GRANTOR") , and the City of Livermore, California, a
municipal corporation within the County of Alameda of the State of
California (hereinafter "GRANTEE") , provides that:
A. The GRANTOR, for and in consideration of fulfillment of a
condition of project approval, does hereby grant to the GRANTEE,
its successors and assigns, a perpetual and assignable easement in
and over that certain parcel of real property more particularly
identified and described in Exhibit "A" attached hereto and made
a part hereof (said parcel hereinafter referred to as PARCEL) , and
a right-of-way for the free and unrestricted passage and flight of
aircraft of the class, size and category as is now or hereinafter
may be operationally compatible with the Livermore Airport, in,
through, across and about the airspace above an imaginary plane,
as such plane is defined by Part 77 of the Federal Aviation
Regulations, over said PARCEL as described below (hereinafter
"Airspace") .
B. The Airspace for avbgation easement purposes above said PARCEL
consists of:
C. The aforesaid easement and right-of-way described in Paragraphs
A and B above includes but is not limited to:
1. For the use and benefit of the public, the easement and
continuing right to fly, or cause or permit the flight by any and
all persons, of aircraft, of the class, size and category as is now
or hereinafter may be operationally compatible with the Livermore
Airport, . in, through, across or about any portion of the Airspace
hereinabove described; and
2 . The easement and right to cause or create, or permit cr
allow to be caused or created within all space above the existing
surface of said PARCEL and any and all airspace laterally adjacent
to said PARCEL, such noise, dust, turbulence, vibration,
illumination, air currents, fumes, exhaust, smoke and all other
1
November 9, 1989
121\misc\easemntl .mtt
effects as may be inherent in the proper operation of aircraft, now
known or hereafter used for navigation of or flight in air; and
3 . The continuing and perpetual right to clear and kepclear
the Airspace of any portions of buildings, structures,
improvements of any and all kinds, and of trees, vegetation or
other objects, including the right to remove or demolish those
portions of such buildings, structures, improvements, trees or any
other objects which extend into said Airspace and the right to cut
to the ground level and remove any trees which extend into the
Airspace; and
4 . The right to mark and light, or cause or require to be
marked or lighted, as obstructions to air navigation, any and all
buildings, structures, or other improvements, and trees or other
objects now upon, or that in the future may be upon, said PARCEL
and which may extend into the Airspace; and
5 . The right of ingress to, passage within, and egress from
said PARCEL for the above stated purposes.
D. GRANTOR, on behalf of itself, its successors and assigns hereby
covenants with the GRANTEE, City of Livermore, as follows:
1. GRANTOR, its successors and assigns, will not construct,
install, permit or allow any building, structure, improvement,
tree, or other object on said PARCEL to extend into the Airspace,
or to constitute an obstruction to -air navigation, or to obstruct �..
or interfere with the use of the easement and right-of-way herein
granted; and
2 . GRANTOR, its successors and assigns, will not hereafter
use or permit the use of said PARCEL in such a manner as to create
electrical or electronic interference with radio communication or
radar operation between any installation upon the Livermore Airport
and any aircraft.
E. The easements and right-of-way herein granted shall be deemed
both appurtenant to and for the direct benefit of that real
property which now or hereinafter constitutes the Livermore
Airport, and shall further be deemed in gross, being conveyed to
the GRANTEE for the benefit of the GRANTEE and any and all members
of the general public who may use said easement or right-of-way,
taking off from, landing upon, or operating such aircraft in or
about the Livermore Airport, or in otherwise flying through said
Airsoace.
2
November 91 1939
121\misc\easemntl.mtt j
F. This grant of avigation easement shall not operate to deprive
the GRANTO ' , its successors or assigns, of any rights that it may
otherwise have from time to time against any individual or private
operator for negligent or unlawful operation of aircraft.
G. It is understood and agreed that these covenants and agreements
run with the land and shall 'be binding upon the heirs,
representatives, administrators, executives, successors, and
assigns of the GRANTOR, and that for the purposes of this
instrument, the PARCEL shall be the servient tenement and the
Livermore Airport shall be the dominant tenement.
H. The avigation easement, covenants and agreements described
herein shall continue in effect until the Livermore Airport shall
be abandoned or shall cease to be used for public airport purposes.
GRANTOR *
BY:
GRANTEE
r CITY' OF LIVERMORE
Accepted By:
Mayor
Approved as .to Form:
City Attorney
3
November 9 , 1989
121\misc\easemntl.mtt
NOTARY CERTIFICATE
STATE OF CALIFORNIA)
_ ) ss
COUNTY OF ALAMEDA ) _
On this day of , 19 before
me, the undersigned Notary Public in and for said County and State,
personally appeared known to me to
be the person whose name is subscribed to the within instrument and
acknowledged that he/she executed the same.
WITNESS my hand and official seal.
Notary Public
f
'52
CITY OF DUBLIN
PO. Box 2340, Dublin, California 94568 City Offices, 100 Civic Plaza, Dublin, California 94568
January 17, 1990
Livermore City Council
c/o Honorable Mayor Cathy Brown
City Administration Building
1052 South Livermore Avenue
Livermore, CA 94550
Dear Honorable Mayor Brown and City Council Members:
The Dublin City Council thanks you for the opportunity to review the
proposal to establish an airport protection area for the Livermore Airport.
While the Council shares the concern of ensuring the safety of any residents
living near the airport, we are deeply concerned about the location of the
proposed protection zone.
As presently proposed, the zone would extend approximately 2,200 feet
into the East Dublin planning area. As you are aware, the City is presently
engaged in a general plan amendment/specific plan for the East Dublin area.
Adoption of the Livermore Airport Commission recommendations would unduly
restrict the City of Dublin's planning efforts in East Dublin. Safety
concerns will definitely be considered in the planning of East Dublin but at
this time it would be premature for the City to endorse the Airport
Commission's recommendations.
We request that the City of Livermore keep Dublin informed of progress
on the establishment of the protection area. If you have any questions,
please feel free to contact me or Brenda Gillarde, Contract Planner, at 833-
6610. Thank you for your cooperation and we look forward to continued
dialogue on this issue.
Sincerely,
Paul C. Moffatt
Mayor
PCM/BG:ga
cc: Dublin City Council
Richard Ambrose, City Manager
Larry Tong, Planning Director
Lee Horner, Livermore City Manager
Robert Cowan, Chair, Livermore Airport CommissionA4U=ME1ffdw.
Brenda Gillarde, Contract Planner
40
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