§ 19.149

The purpose of this chapter is to establish and implement the requirements of the Riverside County Airport Land Use Compatibility Plan (ALUCP) for airports that affect land uses within the City of Riverside. Airports that affect land uses within the City of Riverside are the Riverside Municipal Airport, Flabob Airport, and the March Air Reserve Base/Inland Port Airport.

(Ord. 7413, § 2(Exh. A), 2-20-2018)

19.149.020 - Airport Land Use Compatibility Plan (ALUCP).

The Airport Land Use Compatibility Plan (ALUCP) is a State-required, long-range master plan that reflects the anticipated growth of an airport over a 20-year time period. State law requires general and specific plans to be consistent with any ALUCP affecting the City. The requirements are established to limit noise impacts on noise-sensitive uses and to protect and preserve airports and aviation safety, as well as public safety, from aviation-related hazards.

The Riverside County Airport Land Use Compatibility Plan (RCALUCP), designates zones of airport influence areas for 13 airports in Riverside County, and provides a series of policies and compatibility criteria to ensure that both aviation uses, and surrounding areas may continue, and are compatible. In 2004, the RCALUCP established compatibility criteria, and maps for influence areas of the Riverside Municipal, Flabob Airports. In 2014, the ALUC adopted the March Air Reserve Base/Inland Port Airport Compatibility Plan which includes compatibility criteria and maps for influence areas of the March Air Reserve Base/Inland Port Airport.

The RCALUCP establishes criteria specific to each of the airport compatibility zones described in Sections 19.149.050 and 19.149.060 of this chapter. For property located within a compatibility zone and subject to airport land use compatibility plan policies and criteria, land use, density, and intensity limitations of the ALUCP may be more restrictive than what would otherwise be allowed per City zoning designation applicable to the property. In addition to complying with the Zoning requirements of this title, proposed uses and development on property within an airport compatibility zone must be determined to be consistent with, and comply with the compatibility criteria of the applicable compatibility zone and airport land use compatibility plan.

(Ord. 7413, § 2(Exh. A), 2-20-2018)

A.

The purpose of an Airport Land Use Commission (ALUC) is to conduct airport land use compatibility planning. ALUCs protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public's exposure to excessive noise and safety hazards within areas around public airports. The statutes governing ALUCs are set forth in Division 9, Part 1, Chapter 4, Article 3.5, Sections 21670—21679.5 of the California Public Utilities Code (PUC).

B.

The Riverside County Airport Land Use Commission has two principal duties, which include:

1.

Preparing and adopting the ALUCP.

2.

Reviewing plans, regulations, and other actions of local agencies, and airport operators to ensure consistency with the RCALUCP.

(Ord. 7413, § 2(Exh. A), 2-20-2018)

A.

As required by State law, the following types of actions shall be referred to the Airport Land Use Commission for determination of consistency with the applicable Airport Land Use Compatibility Plan prior to approval by the City.

1.

The adoption or approval of any amendment to a general or specific plan affecting the property within an airport influence area (Public Utilities Code Section 21676(b)).

2.

The adoption or approval of a zoning ordinance or building regulation which affects property within an airport influence area, and involves the types of airport impact concerns listed in Section 1.4 of the March ALUCP (Public Utilities Code Section 21676(b)). These are impacts related to:

a.

Exposure to aircraft noise;

b.

Land use safety with respect both to people on the ground and the occupants of aircraft;

c.

Protection of airport airspace; and

d.

General concerns related to aircraft overflights.

3.

Adoption or modification of a master plan for an existing public-use airport (Public Utilities Code Section 21676(c)).

Any proposal for expansion of an existing airport or heliport if such expansion will require an amended airport permit from the State of California (Public Utilities Code Section 21664.5).

5.

Any proposal for a new airport or heliport whether for public use or private use if the facility requires a State airport permit (Public Utilities Code Section 21661.5).

B.

Other land use actions subject to ALUC Review. In addition to the above types of land use actions for which ALUC review is mandatory, other types of land use actions are subject to review under the circumstances described in Section 1.5 of Chapter 2 Countywide Policies of the Riverside County Airport Land Use Compatibility Plan.

C.

Timing of ALUC Review. Proposed projects requiring ALUC review should be submitted to ALUC as early in the process as possible so that the Commission's (or ALUC Executive Director's) review can be considered by the City before taking formal action on a project. The timing may vary depending upon the nature of the specific project. However, all projects requiring ALUC review must be submitted to ALUC for review prior to final approval by the City.

(Ord. 7413, § 2(Exh. A), 2-20-2018)

For discretionary actions on property within an airport influence area and compatibility zone, but which are not subject to ALUC review as described in Section 19.149.040 above, the City shall review such action for consistency with the applicable ALUCP, and make a finding of project consistency or inconsistency with the applicable airport compatibility plan based on the basic land use compatibility criteria described below. Where there is uncertainty with regard to compatibility of a proposed use or project with the applicable airport land use compatibility plan, the City shall consult with ALUC staff, or defer such matter to ALUC for a consistency determination.

(Ord. 7413, § 2(Exh. A), 2-20-2018)

For uses proposed within airport influence areas of Riverside Municipal and Flabob airports, refer to the Riverside County Airport Land Use Compatibility Plan to determine whether a particular use is compatible with the applicable airport and a permissible use.

A.

Airport Compatibility Zones. The RCALUCP establishes six separate Airport Compatibility Zones for Riverside Municipal and Flabob Airports. A general description of each Compatibility Zone is provided in the following table.

Table 19.149.060 - Riverside Municipal and Flabob Airports Compatibility Zones

Compatibility Zones for the Riverside Municipal and Flabob Airports can be found in Figure PS-6A of the Public Safety Element of the City of Riverside General Plan 2025, and within Chapter 3 of the Riverside County Airport Land Use Compatibility Plan.

B.

Land use compatibility criteria. The criteria for assessing whether a project is compatible with Riverside Municipal or Flabob airports are set forth in the Basic Compatibility Criteria matrix, Table 2A in Chapter 2 - Countywide Policies of the Riverside County Airport Land Use Compatibility Plan. These criteria are to be used in conjunction with the compatibility map and policies for the applicable airport (Riverside Municipal or Flabob) within Chapter 3 of the Riverside County ALUCP, or as amended.

(Ord. 7413, § 2(Exh. A), 2-20-2018)

For uses proposed within airport influence areas of the March Air Reserve Base/Inland Port Airport, refer to the March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan (March ALUCP) to determine whether a particular use is compatible with the applicable airport and a permissible use.

A.

Airport Compatibility Zones. The 2014 March ALUCP establishes eight separate Compatibility Zones for March Air Reserve Base/Inland Port Airport. A general description of each compatibility zone is provided in the following table.

Table 19.149.070 - March Air Reserve Base/Inland Port Airport Compatibility Zones

The Compatibility Zones for the March Air Reserve Base/Inland Port Airport are provided in Figure PS-6B of the Public Safety Element of the City of Riverside General Plan 2025, and as established per Map MA-1 within Volume 1 of the 2014 March Air Reserve Base/Inland Port Airport Land Use Compatibility Plan.

B.

Land use compatibility criteria for March Air Reserve Base/March Inland Port Airport. The criteria for assessing whether a project is compatible with the March ARB/IPA are set forth in the Compatibility Zone Factors matrix, Table MA-1 within Volume 1 of the March ALUCP, within Chapter 3 of the Riverside County Airport Land Use Compatibility Plan, or as amended. These criteria are to be used in conjunction with the compatibility map and policies for the March ARB/IPA as presented in Chapter 3 of the Riverside County ALUCP, or as amended. The basic compatibility criteria listed in Table 2A of Chapter 2 of the Riverside County ALUCP does not apply to the environs of March ARB/IPA.

C.

Accident Potential Zones (APZ's). In addition to the compatibility zones described above, Map MA-1 within Volume 1 of the March ALUCP identifies two Accident Potential Zones (APZ's I and II) for the March Air Reserve Base/Inland Port Airport. The Department of Defense (DoD) Air Force Instruction AFI 32-7063 - December 18, 2015 describes Clear Zones, and APZ's as areas off the end of DOD runways that were developed based on past Air Force aircraft accidents and reflect land areas at greater risk of an aircraft accident. The Clear Zone and the APZs represent areas where an accident is most likely to occur, if one would occur; however, they are not predictors of accidents. More specifically, the Clear Zone, and Accident Potential Zones (APZ's) are defined as follows:

1.

The Clear Zone begins at the end of the runway and is the area of highest accident potential; it has few uses that are compatible.

2.

APZ I lies beyond the Clear Zone [and] is in area of lower but still considerable accident potential.

3.

APZ II is beyond APZ I and possesses less accident potential.

D.

Department of Defense Requirements for March Air Reserve Base/Inland Port Airport Accident Potential Zones (APZ's)

For discretionary actions proposed within March ARB/IPA Accident Potential Zones (APZ I & II) or within the Clear Zone, the proposed use and/or development shall, in addition to meeting the compatibility criteria of the March ALUCP, be consistent with current Air Force Guidance including:

1.

Department of Defense Instruction 4165.57 for Air Installations Compatible Use Zones, March 12, 2015, or as amended, and

2.

Air Force Instruction AFI 32-7063 for Air Installations Compatible Use Zones Program, December 18, 2015, or as amended. Specifically AFI 32-7063, Table A.2.1 of Attachment 2 - Land Use Compatibility Recommendations for APZS, generally identifies land uses acceptable or not acceptable within the Clear Zone, APZ I, and APZ II, and establishes maximum residential density, or nonresidential floor area ratio requirements applicable to each use and APZ.

Where a discretionary action is proposed within an APZ, or Clear Zone, the Department of the Air Force, 452d Air Mobility Wing (AFRC) March Air Reserve Base shall be consulted to determine whether the proposed discretionary action is consistent with the Air Force Guidance referenced above. Such consultation would be in addition to, and shall not be in lieu of requirements of the March ALUCP, or any review for airport land use compatibility that may be required by the Riverside County ALUC.

(Ord. 7413, § 2(Exh. A), 2-20-2018)

Variances from development standards of the Zoning Code are subject to Chapter 19.720 Variance provisions. In addition to the variance provisions contained in Chapter 19.720, this section includes special provisions to ensure that variances do not result in a conflict with airport compatibility criteria.

A.

Any variance that involves issues of noise, safety, airspace protection, or overflight compatibility as addressed in the applicable ALUCP must be referred to ALUC for review. Specifically, at a minimum, where a variance involves a deviation from the maximum allowable lot coverage, floor area ratio, or building height, the City shall consult with ALUC staff, or defer such matter to ALUC for a consistency determination. The provisions of Chapter 19.720, including required variance findings, apply regardless of a consistency determination by ALUC.

B.

Where a variance from the Zoning Code would result in a deviation form compatibility criteria of the applicable ALUCP, such deviation shall be referred to ALUC for review. Where ALUC has determined the project and/or variance inconsistent with the applicable ALUCP, the City Council may override ALUC's determination and approve subject to making the required findings of Chapter 19.720.

(Ord. 7413, § 2(Exh. A), 2-20-2018)

When ALUC disapproves or finds an action, regulation, or permit, to be inconsistent with the ALUCP, ALUC shall notify the City within 30 days of such action pursuant to Public Utilities Code (PUC) 21675.1(d). The City Council may overrule ALUC decision, by a two-thirds vote and shall make specific findings that the proposed action, regulation, or permit is consistent with the purposes of Article 3.5, as stated in Section 21670 of the PUC.

A City Council proposed overrule of an ALUC action must provide a copy of the proposed decision and findings to both ALUC and the California Division of Aeronautics, a minimum of 45 days' prior to the decision to overrule ALUC. These agencies have 30 days in which to provide comments to City Council pursuant to PUC Sections 21676(a) and (b).

(Ord. 7413, § 2(Exh. A), 2-20-2018)

Chapter 19.150 - BASE ZONES PERMITTED LAND USES