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ALUC-19-07 Vaca Valley Hotel Rezoning
Conduct a public hearing to consider 1) a minor revision to the Nut Tree Airport Land Use Compatibility Plan, and 2) a consistency determination for the Vaca Valley Hotel Rezoning and Policy Plan Overlay (hereafter, ‘Vaca Valley Hotel Project’) with the Travis Air Force Base Land Use Compatibility Plan and the Nut Tree Airport Land Use Compatibility Plan. (Applicant - City of Vacaville)
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RECOMMENDATION:
Adopt the recommended findings and make a motion to:
1. Adopt the minor revision to the Nut Tree Airport Land Use Compatibility Plan, and
2. Determine that the Vaca Valley Hotel Project is consistent with the revised Nut Tree Land Use Compatibility Plan (Nut Tree Plan) and the Travis Air Force Base Land Use Compatibility Plan (Travis Plan).
Introduction
On September 12, 2019, the Airport Land Use Commission received a presentation on the proposed Vaca Valley Hotel project. The project called for a four-story hotel and related office/retail and restaurants on the property (See Attachment A and H). The site is located at the southwest corner of Vaca Valley Rd. and E. Monte Vista Ave.(See Attachment B and C). The project is within the area of influence of the Nut Tree Airport and is located within Compatibility Zone D.
Since that presentation, staff has analyzed the proposed project and determined that it would not be consistent with the present provisions of the Nut Tree Plan, since Compatibility Zone D limits motels to two stories maximum.
Nut Tree Plan Restrictions
Staff could not find explicit records for the two-story maximum restriction which was included in the 1988 Nut Tree Plan. There is no height limitation in Zone D other than complying with Part 77 restrictions which would allow for buildings taller than 4 stories. From conversations with local officials and airport planning professionals, we have concluded that the limitation was related to concerns for evacuating tall buildings in the event of a catastrophic event.
We consulted with both the Nut Tree Airport and the City of Vacaville Fire Department about the two-story maximum requirement. Both the Airport and the Fire Department reported that they have no objection to the proposed 4 story hotel building.
Staff consulted with the Division of Aeronautics about the ability to make a minor revision to the Nut Tree Plan. The Division indicated that making a minor revision is a proper procedure available to the Commission.
As a result, staff is recommending that the Airport Land Use Commission make a minor revision to the Nut Tree Plan to eliminate the 2-story maximum limitation on certain land uses within Compatibility Zone D. In addition, we are recommending a requirement that public assembly type uses (restaurants, bars, theaters, event spaces, etc.) be located on the ground floor of all buildings and not on upper floors. If the Commission concurs, staff recommends that the Commission first consider a minor revision to the Nut Tree Plan and then consider the specific consistency determination for the 4-story hotel.
MINOR REVISION to the NUT TREE PLAN
One of the responsibilities of the ALUC is to prepare Land Use Compatibility Plans for each of the three airports within Solano County. The Nut Tree Plan was last updated in 1988.
Background
The Nut Tree Plan identified 6 different Compatibility Zones. The Plan includes a Compatibility Criteria Table (pp. 10-12) which designate allowable intensities and densities for various land use categories as well as other limitations on development. The Table indicates that for property within Compatibility Zone D, there is a limitation on the maximum number of stories allowable for restaurants, retail uses, office and financial uses and motels.
In addition, the Table provides for maximum numbers of people permitted on the property for non-residential uses at 100 per ace in buildings and 150 persons per acre for both indoor and outdoor occupancy.
The Nut Tree Plan also contains separate policies which address issues which arise due to noise, safety, airspace protection and overflight.
Proposed Minor Revision
Staff is recommending making a change to the Compatibility Criteria Table (See Attachment F) and the Notes to the Compatibility Table (See Attachment F1) which would:
1. In the column listing Examples of Normally Acceptable Uses for Zone D, delete the two-story maximum limitation for Office and Financial Uses and Motels. Leave this limitation in place for Retail Uses.
2. In the Other Development Conditions column for Zone D, add a fifth bullet with text and footnote reference as follows: “No intensive concentrations of people on upper floors10.”
3. On the Notes page, add new Footnote 10 as follows: “In multi-story buildings (including but not limited to offices and hotels), all interior functions having a concentration of people (public assembly uses such as restaurants, dining rooms, conference rooms, etc.) shall be located on the ground floor or a floor with direct exterior access. Upper floors shall be for lower intensity uses only (hotel guest rooms, office space, etc.). The Zone D requirement that buildings be occupied by no more than 100 people per acre of the site continues to apply.
CEQA
Staff is recommending that the Commission find that the proposed Amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to the “commonsense exemption” found in Section 15061(b)(3) of the CEQA Guidelines.
(See Attachment G) for a complete discussion of the CEQA Exemption.
Findings
Based on the analysis above, the staff is recommending that the Commission adopt the following findings:
1. Purpose and Need. A sound governmental purpose and need exists for the Commission’s adoption of the proposed update.
A. The governmental purpose and need for the Commission to adopt the proposed minor revisions includes preserving the operation of Nut Tree Airport.
B. The role of the Solano County Airport Land Use Commission includes adopting the proposed Update.
1. The Commission is required to plan for the area around Nut Tree Airport.
2. The Commission is required to take steps to safeguard the general welfare of the public.
3. The Commission’s authority to protect Nut Tree Airport includes authority to protect against establishment of potentially-objecting neighbors.
4. The Commission’s powers include the authority to develop height restrictions, specify the use of land, and determine building standards.
5. The Commission has the authority to amend the Nut Tree Airport Land Use Compatibility Plan.
2. The Nut Tree Airport Land Use Compatibility Plan is an appropriate place for the policies of the proposed minor revisions to be first established, and the County and cities within the County then may choose whether to make their General Plans consistent with those policies or instead to overrule those policies. For the reasons based upon the staff report and the administrative record, a sound governmental purpose and need exists for the Commission’s adoption of the proposed amendment.
3. CEQA Commonsense Exemption. The Commission’s adoption of the proposed amendment is exempt from the California Environmental Quality Act under the “commonsense” exemption described in the CEQA Guidelines. (Guidelines for Implementation of Cal. Environmental Quality Act, Cal. Code Regs., tit. 14, (“CEQA Guidelines”), § 15061, subd. (b)(3).) The commonsense exemption applies “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment ….” (Ibid.) For the reasons described in the staff report and Attachment G and based upon the administrative record, the commonsense exemption applies.
4. Adopt the other related findings as set forth in the attached Resolution accompanying this Staff Report.
CONSISTENCY DETERMINATION
The City of Vacaville is in the process of reviewing a proposal for a hotel project at the corner of Vaca Valley Parkway and East Monte Vista Drive. The project requires a rezoning and policy plan overlay amendment. As a result, the project must obtain a consistency determination from the Solano County Airport Land Use Commission.
Project Description
The Vaca Valley Hotel Project includes a hotel, two restaurants and an office/retail building as described below:
Hotel: The project includes a 144-room four-story hotel on 5.43 acres of land. The building is 48 feet 3 inches tall. The hotel also includes outdoor dining, basketball and swimming facilities. In addition, there will be a one-story restaurant building and a two--story retail and office building.
Hotel Occupancy: 500 persons
Hotel Height: 48 feet 3 inches
Restaurants:
Restaurant 1 Size: 2,600 square feet.
Restaurant 1 Occupancy: 113 persons
Restaurant 2 Size: 2,000 square feet.
Restaurant 2 Occupancy: 84 persons
Retail/Office Building Size: Two story building with 8,000 square feet.
Retail/Office Building Occupancy: 200 persons
Required Review for Consistency by the ALUC
State law, under Section 21661.5 of the Public Utilities Code, requires that any proposed zoning regulations or revisions to the local zoning ordinance be reviewed for consistency with adopted airport land use compatibility plans. The project is subject to two land use compatibility plans - the Nut Tree Plan’s Compatibility Zone D and the Travis Plan’s Compatibility Zone D. The provisions of each are discussed below.
Revised Nut Tree Plan Compatibility Zone D Criteria
The subject property lies within the Area of Influence of the Nut Tree Plan, more particularly within Compatibility Zone D. Compatibility Zone D is an Extended Approach/Departure Zone of moderate risk characterized by common traffic pattern overflight below 800 feet AGL and frequent noise intrusion. (Attachment E Nut Tree Plan Context Map).The applicable criteria for compatibility in Zone D are listed below.
Maximum Densities/Intensities:
Residential: 4 units per acre maximum
Commercial/Industrial: 100 persons per acre indoors, 150 persons per acre indoors and outdoors.
Normally Acceptable Uses (Partial List):
Motels
Restaurants ( one story maximum)
Retail and Office Uses
Travis Plan Compatibility Zone D Criteria
The subject property lies within the Area of Influence of the Travis plan, more particularly within Compatibility Zone D (Attachment D Travis Plan Context Map). Zone D is an outer environs zone with limited risk. The criteria for compatibility in Zone D are listed below.
Maximum Densities/Intensities: No Limits
Prohibited Uses: None
Other Development Conditions:
• ALUC review required for objects > 200 feet AGL
• All proposed wind turbines must meet line-of-sight criteria in Policy 5.6.1
• 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.
Required Tests for Consistency for Rezoning Actions
State law, under Section 21661.5 of the Public Utilities Code, requires that any proposed zoning regulations or revisions to the local zoning ordinance be reviewed for consistency with adopted airport land use compatibility plans. The CalTRANS Division of Aeronautics provides guidance on factors to be reviewed in a consistency determination through its published handbook which is discussed below.
California Airport Land Use Planning Handbook (2011)
The State Department of Aeronautics has published the California Airport Land Use Planning Handbook (2011) 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 (p. 6-14) 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
These topics are analyzed below.
Analysis
Zoning Change Consistency Factors
Intensity Limitations on Nonresidential Uses
Nut Tree Plan:
Within Compatibility Zone D, the revised Nut Tree Plan has a limitation of 100 persons per acre for indoor uses and 150 persons per acre for indoor and outdoor uses combined. In addition, it limits the maximum number of stories for certain uses as follows:
• Motels
• Retail uses (Two story maximum)
• Offices and Financial uses
• Restaurants (One story maximum)
The proposal before the ALUC is for a four-story hotel with office space, two story retail space retail space and 2 one story restaurants. As a result, the various components of the component of the proposal are consistent with the Nut Tree Plan.
Travis Plan:
There are no land use limitations on non-residential uses within compatibility zone D and thus the proposed hotel project is consistent with this aspect of the Travis Plan.
Identification of Prohibited Uses
Nut Tree Plan:
The Nut Tree Plan prohibits noise sensitive outdoor uses within Compatibility Zone D. In addition, the plan lists the following normally not acceptable land use categories:
• Schools, libraries, hospitals and nursing homes
• Residential densities above 4 units per acre
• Large shopping centers
Travis Plan:
The Travis Plan prohibits “Other Hazards to Flight” which typically consist of sources of smoke or glare, attraction of birds, flashing lights and sources of electronic interference. None of these hazards are present in the proposed development
The proposed hotel development does not include any of the prohibited uses in either the Nut Tree or Travis Plans.
Open Land Requirements
Nut Tree Plan:
The Nut Tree Plan requires 10% open land in Compatibility Zone D. The project has a large parking area and can meet this requirement.
Travis Plan:
There are no open land requirements specified for Compatibility Zone D and thus the project meets the requirements of the Travis Plan.
The proposed hotel development does include open land which exceed the 10% requirement in the Nut Tree Plan.
Infill Development
The project is not considered infill development and no further discussion is required under this criterion.
Height Limitations and Other Hazards to Flight
Height Limitations
Nut Tree Plan:
The Nut Tree Plan requires compliance with the Part 77 Surfaces which would permit a taller structure than the one proposed.
Travis Plan:
The Height limit for Compatibility Zone D is 200 feet. The project proposes a 4-story building 48.4’ in height. The proposal meets the height requirements of the Travis Plan.
Other Hazards to Flight
Nut Tree Plan:
The Nut Tree Plan prohibits any land uses which produce other hazards to flight, such as sources of glare, smoke, communications interference, bird attractions and similar hazards.
Travis Plan:
There are no land use limitations within compatibility zone D. The Plan does prohibit “Other Hazards to Flight” which typically consist of sources of smoke or glare, attraction of birds, flashing lights and sources of electronic interference.
None of these hazards are present in the proposed development and the proposed project meets the requirements of the Travis Plan and the revised Nut Tree Plan.
Buyer Awareness Measures
Nut Tree Plan:
Buyer awareness measures are not required by the Nut Tree Plan, but local governments are encouraged to develop such a program. Overflight Easements are required by the Nut Tree Plan and will be obtained by the City of Vacaville.
Travis Plan:
Buyer awareness measures are not required within Compatibility Zone D.
Non-conforming Uses and Reconstruction
The project does not involve reconstruction or non-conforming uses. As a consequence no further discussion is required under this topic.
Conclusion
Based on the analysis above, the Vaca Valley Hotel Project is consistent with the Nut Tree Plan and with the Travis Plan.
PROPOSED FINDINGS
Staff is recommending the Commission make the following findings with respect to the Vaca Valley Hotel Project:
1. That the proposal is consistent with the applicable provisions of the Travis Air Force Base Land Use Compatibility Plan since the proposal resides in Compatibility Zone D of the Travis Plan which has no limitations on the intensity of non-residential land uses and does not infringe on the 200-foot height limit or contain any other hazards to flight.
2. That the proposal is inconsistent with the Compatibility Criteria Table provisions of the Revised Nut Tree Land Use Compatibility Plan.
Recommendation
Based on the analysis and discussions above, staff recommends that the Solano County Airport Land Use Commission:
Adopt the recommended findings and make a motion to:
1. Adopt the minor revision to the Nut Tree Airport Land Use Compatibility Plan, and
2. Determine that the Vaca Valley Hotel Project is consistent with the revised Nut Tree Land Use Compatibility Plan (Nut Tree Plan) and the Travis Air Force Base Land Use Compatibility Plan (Travis Plan).
ALTERNATIVE ACTION
The Commission could decide not to revise the Nut Tree Plan, in which case the Commission would find as follows:
1. Make a finding that the proposed 4-story hotel is not consistent with the 1988 Nut Tree Plan since it exceeds the two-story maximum limitation in Compatibility Zone D.
Attachments
Attachment A: Application
Attachment B: Vicinity Map
Attachment C: Aerial Map
Attachment D: Travis Plan Context Map
Attachment E: Nut Tree Context Map
Attachment F: Revised Compatibility Criteria Table
Attachment F1: Notes to Compatibility Criteria Table
Attachment G: CEQA Exemption
Attachment H: Project Plans
Attachment I: Resolution (To be distributed at the hearing)