Chapter 17.69 — MILITARY OPERATION OVERLAY

This chapter shall be known as the Tehama County Military Operation Area Overlay.

(Ord. No. 1981, § 1, 10-8-2013)

The purpose of this section is to establish procedures for the review and permitting of new development within designated military operation areas (MOA) and military training routes (MTR) which cross Tehama County and to ensure early notification and a timely exchange of project related information. To ensure early notification to the military of discretionary development projects within Military Operation Areas, California Government Code sections 65352 (a) (5) and 6(A), 65940, and 65944 require the exchange of project related information pertinent to military operations between local jurisdictions and the military "... when the proposed action is within one thousand feet of a military installation, or lies within special use airspace, or beneath a low-level flight path... " It is the purpose and intent of this article to clearly define for applicants and staff the process for review of projects that may impact military operations.

(Ord. No. 1981, § 1, 10-8-2013)

The following shall govern the construction of this chapter:

(A)

"Military operation area" or "MOA" shall have the meaning set forth in 14 Code of Federal Regulations part 1.1. The MOA is a three dimensional airspace designated for military training and transport activities that has a defined floor (minimum altitude of three hundred feet) and ceiling (maximum altitude of eighteen hundred feet or higher). The military operations area in Tehama County subject to this chapter is depicted on Figure 1 attached to the ordinance adopting this section and incorporated herein. A true and correct copy of Figure 1 shall be maintained in the office of the director of planning, and shall be available for public inspection.

(B)

"Military training routes" means aerial corridors across the United States in which military aircraft can operate below ten thousand feet faster than the maximum safe speed of two hundred fifty knots that all other aircraft are restricted to while operating below ten thousand feet.

(C)

"Height calculation" means the height of all structures (including wind turbines) as measured by the distance from ground to top of the highest point of the structure. For wind turbines this means the highest point of the turbine blade in vertical position.

(D)

"Low-level flight path" includes any flight path for any aircraft owned, maintained, or that is under the jurisdiction of the United States Department of Defense that flies lower than one thousand five hundred feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, "Area Planning Military Training Routes: North and South America (AP/1B)" published by the United States National Imagery and Mapping Agency.

(E)

"Special use airspace" means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by the United States Department of Defense Flight Information Publication, "Area Planning: Special Use Airspace: North and South America (AP/1A)" published by the United States National Imagery and Mapping Agency.

(Ord. No. 1981, § 1, 10-8-2013)

A.

All new discretionary development projects that have the potential to penetrate the defined floor elevation within a MOA, as set forth on Figure 1 attached to the ordinance enacting this section, shall be reviewed for hazards to aircraft including but not limited to:

1.

Uses that release into the air any substance such as steam, dust and smoke which would impair pilot visibility;

2.

Uses that produce light emissions, glare or distracting lights which could interfere with pilot vision or be mistaken for airfield lighting;

3.

Uses that physically obstruct any portion of the MOA due to relative height above ground level.

B.

Permit processing requirements for proposed new discretionary development projects within or underlying the MOA, or within one thousand feet of a military installation, or within special use airspace, or beneath a low-level flight path are as follows:

1.

Structures and land uses may be permitted upon a finding that notice has been provided in accordance with the following:

i.

A completed application has been received by the county wherein the project applicant has identified that the proposed project is located within or underlying the MOA, or within one thousand feet of a military installation, or within special use airspace, or beneath a low-level flight path, as applicable.

ii.

The county has provided a copy of the completed application to any branch of the United States Armed Forces that has provided the office of planning and research with a single California mailing address within the state for the delivery of a copy of these applications.

2.

The proposed structure and use is consistent with all other applicable provisions of this chapter.

(Ord. No. 1981, § 1, 10-8-2013)

==> picture [433 x 558] intentionally omitted <==

Chapter 17.70 - USE PERMITS

Sections: