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Public Hearing to consider a Consistency Determination (ALUC-18-12) for the proposed Suisun Valley Museum Ordinance (ZT-17-02) with the Travis Air Force Base Land Use Compatibility Plan. (Sponsor: County of Solano)
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RECOMMENDATION:
Determine that application ALUC-2018-12 (Suisun Valley Museum Ordinance) is consistent with the Travis Air Force Base Land Use Compatibility Plan (Sponsor: County of Solano).
DISCUSSION:
Project Overview:
The County of Solano is proposing an ordinance to amend its zoning regulations to establish regulations governing museums in the Suisun Valley (See Attachment G Suisun Valley Museum Ordinance).
The proposed ordinance applies to the Agricultural Tourist Center- North Connector Zoning District (A-TC-NC) only. This district occurs in one area of the County (Attachments B, C and D) and lies within Compatibility Zone D of the Travis AFB Land Use Compatibility Plan (Travis Plan).
ALUC Jurisdiction
The Suisun Valley Museum Ordinance is statutorily required to come before the ALUC for a consistency determination (Section 21661.5 of the Public Utilities Code) with the Travis Plan. The project lies within Compatibility Zone D (See Attachment E Travis Context map).
Required Tests for Consistency
The ALUC is concerned with those aspects of the proposed museum regulations which have the potential to be incompatible with of the Travis Plan. The State of California Division of Aeronautics publishes a handbook which provides guidance on making consistency determinations.
California Airport Land Use Planning Handbook
The State Department of Aeronautics has published the California Airport Land Use Planning Handbook as a guide for Airport Land Use Commissions in the preparation and implementation of Land Use Compatibility Plans and Procedure Documents. Section 6.4.2 sets forth procedures for the review of local zoning ordinances and directs agencies to consider the topics listed in Table 5A, as follows:
Zoning or Other Policy Documents (from Table 5A, CalTRANS Airport Land Use Planning Handbook)
The Handbook lists the following topics for consideration when reviewing zoning or other policy documents.
• Intensity Limitations on Nonresidential Uses
• Identification of Prohibited Uses
• Open Land Requirements
• Infill Development
• Height Limitations and Other Hazards to Flight
• Buyer Awareness Measures
• Non-conforming Uses and Reconstruction
The proposed ordinance applies to a small land area at Abernathy Road and Suisun Valley Parkway, which lies within Compatibility Zone D of the Travis Plan. Staff has reviewed the proposed Ordinance in light of the tests outlined above as well as the specific compatibility factors in Zone D. Our analysis is presented below.
Consistency Analysis
Compatibility Criteria for Zone D
Compatibility Zone D of the Travis Plan requires review for structures in excess of 200’ above ground level. Height review is based on the part 77 Surfaces for Travis AFB. The proposed project does not penetrate any of the Part 77 Surfaces for Travis AFB. In addition, Compatibility Zone D provides for review of the following special circumstances:
• All proposed wind turbines must meet line-of-sight criteria in Policy 3.4.4
• All new or expanded commercial-scale solar facilities must conduct an SGHAT glint and glare study for ALUC review
• All new or expanded meteorological towers > 200 feet AGL, whether temporary or permanent, require ALUC review
• For areas within the Bird Strike Hazard Zone, reviewing agencies shall prepare a WHA for discretionary projects that have the potential to attract wildlife that could cause bird strikes. Based on the findings of the WHA, all reasonably feasible mitigation measures must be incorporated into the planned land use.
• For areas outside of the Bird Strike Hazard Zone but within the Outer Perimeter, any new or expanded land use involving discretionary review that has the potential to attract the movement of wildlife that could cause bird strikes are required to prepare a WHA.
ANALYSIS OF CONSISTENCY FACTORS
Staff has reviewed the proposed Suisun Valley Museum Ordinance for consistency with the Travis Plan s and the State mandated compatibility factors for rezoning actions. Our analysis is presented below.
Zoning Change Consistency Factor Analysis
As previously discussed, the CalTRANS Handbook lists the following topics for consideration when reviewing zoning or other policy documents.
Each of these categories is reviewed below:
1. Intensity Limitations on Nonresidential Uses
Within Compatibility Zone D, there are no limitations on density for residential land uses or limitations on intensity for non-residential land uses. Therefore, the Suisun Valley Museum Ordinance is consistent with this provision of the LUCP.
2. Identification of Prohibited Uses
Compatibility Zone D does not prohibit any specific uses. As a result, the Suisun Valley Museum Ordinance is consistent with this provision of the LUCP.
3. Open Land Requirements
Compatibility Zone D has no open land requirements for development. Therefore, the Suisun Valley Museum Church Ordinance is consistent with this provision of the LUCP.
4. Infill Development
The proposed project could permit additional development in the area and would not qualify as an infill project. The development itself is permitted since there are no limitations on intensity or land uses within Compatibility Zone D. Consequently, the Suisun Valley Museum Ordinance is consistent with Compatibility Zone D land use criteria.
5. Height Limitations and Other Hazards to Flight
As previously discussed, within Compatibility Zone D, the relevant factors for consideration include height review for objects in excess of 200 feet in height, wind turbines in excess of 100 feet in height, and projects within either the Bird Strike Hazard Zone or the Outer Perimeter Area.
Height Review for Objects Greater than 200 Feet in Height and Wind Turbines in Excess of 100 Feet in Height
The Suisun Valley Museum Ordinance does not permit structures taller than 35 feet, so airspace review standards in zone D are satisfied.
Projects within the Bird Strike Hazard Zone or the Outer Perimeter Area
The project lies outside of the Bird Strike Hazard Zone and outside the Outer Perimeter Area and outside the Outer Perimeter of the Wildlife Hazard Area, there are no requirements in the Travis Plan which impact the project.
6. Buyer Awareness Measures
The proposed project lies within Compatibility Zone D and outside of any noise contours of concern. As a result, Buyer Awareness Measures are not required by the Travis Plan.
7. Non-conforming Uses and Reconstruction
The project permits expansion and reconstruction of non-conforming uses in a manner that is consistent with the compatibility criteria within the Travis Plan. As a result, there will be no non-conforming aspects of the project. Therefore, the project is consistent with this compatibility factor of the Travis Plan.
Based on the discussion above, staff recommends that the Commission find that the Suisun Valley Museum Ordinance meets these tests for consistency for a zoning action.
Determination: Determine that application ALUC-2018-12 (Suisun Valley Museum Ordinance) is consistent with the Travis Air Force Base Land Use Compatibility Plan (Sponsor: County of Solano).
Attachments:
Attachment A: Resolution (To Be Distributed Under Separate Cover)
Attachment B: Vicinity Map
Attachment C: Aerial Vicinity Map
Attachment D: A-TC Zoning Map
Attachment E: Travis Plan Context Map
Attachment F: Suisun Valley Proposed Museum Ordinance