Chapter 8.358 — HEIGHT OF STRUCTURES AND USE AIRSPACE NEAR SAN CARLOS AIRPORT

Pursuant to the authority conferred by the Airport Approaches Zoning Law of the State of California and in conformity with Sections 50485 to 50485.13 of the Government Code, the Board of Supervisors of the County of San Mateo, State of California, deem it necessary to regulate the use of airspace for the purposes of promoting the health, safety and general welfare of the inhabitants of the County of San Mateo, by preventing the creation or establishment of airport hazards, thereby protecting the lives and property of the users of the San Carlos Airport and of the occupants of the land in its vicinity and preventing destruction and impairment of the utility of the airport and the public investment therein.

As used in this ordinance, unless the context otherwise requires:

• (a) AIRPORT - The San Carlos Airport.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (b) AIRPORT ELEVATION - The highest point of an airport’s usable landing area measured in feet from mean sea level.

• (c) AIRPORT HAZARD - Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near such airport, which obstructs the airspace required for the flight of aircraft in landing or takeoff at such airport or is otherwise hazardous to such landing or takeoff of aircraft.

• (d) STRUCTURE - An object constructed or installed by man, including but without limitation, buildings, towers, smokestacks, earth formation, and overhead transmission lines.

• (e)

  • TREE - Any object of natural growth.

• (f) NON-CONFORMING USE - Any pre-existing structure, object of natural growth, or use of land which is inconsistent with the provisions of this ordinance or an amendment thereto.

• (g) HEIGHT - For the purpose of determining the height limits in all zones set forth in this ordinance and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

• (h) PERSON - An individual, firm, partnership, corporation, company, association, joint stock association or governmental entity. It includes a trustee, receiver, assignee, or similar representative of any of them.

• (i) RUNWAY - A defined area on an airport prepared for landing and takeoff of aircraft along its length.

• (j) VISUAL RUNWAY - A runway intended solely for the operation of aircraft using visual approach procedures with no straight-in instrument approach procedure and no instrument designation indicated on an FAA approved airport layout plan, a military service’s approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

• (k) UTILITY RUNWAY - A runway that is constructed for and intended to be used by aircraft of 12,500 pounds maximum gross weight and less.

• (l) NON-PRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned, and for which no precision approach facilities are planned or indicated on an FAA planning document or military service’s military airport planning document.

• (m) PRECISION INSTRUMENT RUNWAY - A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA approved airport layout plan; a military service’s approved military airport layout plan; any other FAA planning document, or military service’s military airport planning document.

ing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an FAA approved airport layout plan; a military service’s approved military airport layout plan; any other FAA planning document, or military service’s military airport planning document.

• (n) PRIMARY SURFACE - A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface of a runway will be that width prescribed in Part 77 of the Federal Aviation Regulations (FAR) for the most precise approach existing or planned for either end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (o) HELIPORT PRIMARY SURFACE - The area of the primary surface coincides in size and shape with the designated landing and takeoff area of a heliport (runway). This surface is a horizontal plane at the elevation of the established heliport elevation.

• (p) APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES - These zones apply to the area under the approach, transitional, horizontal, and conical surfaces defined in FAR Part 77.

In order to carry out the provisions of this ordinance, there are hereby created and established certain zones which include all of the land lying within the approach zones, transitional zones, horizontal zones, and conical zones as they apply to a particular airport. Such zones are shown on San Carlos Airport Hazard Zoning Map consisting of one sheet, prepared by the Department of Public Works, and dated April, 1977, which is attached to this ordinance and made a part hereof. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

• (a) Utility Runway Visual Approach Zone (Runway 12) - The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty (250) feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

• (b) Utility Runway Visual Approach Zone (Runway 30) - The inner edge of this approach zone coincides with the width of the primary surface and is two hundred fifty (250) feet wide. The approach zone expands outward uniformly to a width of 2,630 feet at a horizontal distance of 11,900 feet from the primary surface. Its centerline being the continuation of the centerline of the runway.

• (c) Transitional Zones - These zones are hereby established as the area beneath the transitional surfaces. These surfaces extend outward and upward at 90 degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional zones for those portions of the precision approach zones which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach zones and at 90 degree angles to the extended runway centerline.

• (d) Horizontal Zone - The horizontal zone is hereby established by swinging arcs of 5,000 feet radii from the center of each end of the primary surface of each runway, and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

• (e) Conical Zone - The conical zone is hereby established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.

Except as otherwise provided in this ordinance, no structure or tree shall be erected, altered, allowed to grow, or be maintained in any zone created by this ordinance to a height in excess of the applicable height limit herein established of such zone. Such applicable height limitations are hereby established for each of the zones in question as follows:

• (a) Utility Runway Visual Approach Zone (Runway 12) - Slopes upward twenty (20) feet horizontally for each foot vertically, beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway centerline.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (b) Utility Runway Visual Approach Zone (Runway 30) - Slopes upward thirty-four (34) feet horizontally for each foot vertically beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 11,900 feet along the extended runway centerline.

• (c) Transitional Zones - Slopes upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of 150 feet above the airport elevation which is nine (9) feet above mean sea level. In addition to the foregoing, there are established height limits sloping upward and outward seven (7) feet horizontally for each foot vertically beginning at the sides of and at the same elevation as the approach zones, and extending to where they intersect the conical surface.

• (d) Horizontal Zone - One hundred and fifty (150) feet above the airport elevation or a height of 159 feet above mean sea level.

• (e) Conical Zone - Slopes upward and outward twenty (20) feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at one hundred and fifty (150) feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

• (f) Excepted Height Limitation - Nothing in this ordinance shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 30 feet above the surface of the land.

Where an area is covered by more than one (1) height limitation, the more restrictive limitation shall prevail.

Notwithstanding any other provisions of the Ordinance, no use may be made of land or water within any zone established by this ordinance in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport or otherwise in any way create a hazard or endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.

• (a) Regulations Not Retroactive – The regulations prescribed by this ordinance shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of the effective date of this ordinance, or otherwise interfere with the continuance of a non-conforming use. Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this ordinance, and is diligently prosecuted.

• (b) Marking and Lighting – Notwithstanding the preceding provision of the section, the owner of any existing non-conforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Director of Public Works, San Mateo County, to indicate to the operators of aircraft in the vicinity of the airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of San Mateo County.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (a) Future Uses – No material change shall be made in the use of land and no structure or tree shall be erected, altered, planted, or otherwise established in any zone hereby created unless a permit therefore shall have been applied for and granted.

  • (1) However, a permit for a tree or structure of less than 75 feet of vertical height above the ground shall not be required in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway except when such tree or structure, because of terrain, land contour, or topographic features, would extend above the height limit prescribed for the respective zone.

  • (2) Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particulars to determine whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted.

• (b) Existing Uses – No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a non-conforming use, structure, or tree to become a greater hazard to air navigation than it was on the effective date of this ordinance or any amendments thereto or than it is when the application for a permit is made. Except as indicated, all applications for such a permit shall be granted.

• (c) Non-Conforming Uses Abandoned or Destroyed - Whenever the Director of Planning and Building determines that a non-conforming tree or structure has been abandoned or more than 80 percent torn down, physically deteriorated, or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.

• (d) Variances - Any person desiring to erect or increase the height of any structure, or permit the growth of any tree, or use their property not in accordance with the regulations prescribed in this ordinance, may apply to the Director of Planning and Building for a variance from such regulations. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and relief granted would not be contrary to the public interest but will do substantial justice and be in accordance with the spirit of this ordinance.

• (e) Hazard Marking and Lighting - Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this ordinance and is reason-able in the circumstances, be so conditioned as to require the owner of the structure or tree in question, at their own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots the presence of any airport hazard.

It shall be the duty of the Director of Planning and Building to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Director of Planning and Building upon a form furnished by them. Applications required by this ordinance to be submitted to the Director of Planning and Building shall be promptly considered and granted or denied by them. Application for action by the Planning Commission shall be forthwith transmitted by the Director of Planning and Building.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• a) Any person aggrieved or any taxpayer affected, by any decision of the Director of Planning and Building made in their administration of this ordinance, may appeal to the Planning Commission.

• (b) All appeals hereunder must be taken within a reasonable time as provided by the rules of the Planning Commission by filing with the Director of Planning and Building a notice of appeal specifying the grounds thereof. The Director of Planning and Building shall forthwith transmit to the Planning Commission all the papers constituting the record upon which the action appealed from was taken.

• (c) The Planning Commission may, in conformity with the provision of this ordinance, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination, as may be appropriate under the circumstances.

Any person aggrieved, or any taxpayer affected, by any decision of the Planning Commission, may appeal to the Board of Supervisors by filing a written notice of such appeal with the Planning Commission within ten (10) days of the final action of the Planning Commission.

In the event any person should erect, construct, move, alter or attempt to erect, construct move or alter any structure or allow any tree to exceed a height, in violation of the provisions of this ordinance, the same is hereby declared a public nuisance, and it shall be the duty of the District Attorney of the County of San Mateo to bring and prosecute an action in any Court of competent jurisdiction to enjoin such person from continuing such erection, construction, moving, alteration or growth, is being or has been accomplished, the District Attorney shall bring and prosecute an action to enjoin such person for maintaining the same.

Where there exists a conflict between any of the regulations or limitations prescribed in this ordinance and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail.

If any of the provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.

San Mateo County, California, Code of Ordinances Title 8 – Zoning & Development Code

• (Ch. 33 - Repealed Ord. 2663, July 8, 1980)

• (Ch. 33, Sections 6620 through 6632; Ord. 2663, July 8, 1980)