Chapter 9.16 — AIRPORT SAFETY OVERLAY DISTRICT

The airport safety (AR) overlay established by section 9.05.030, "Establishment Of Base Zoning And Overlay Districts", and chapter 9.15, "Overlay Districts", of this article 2, is created to provide greater safety to aviators and the general public by establishing requirements for land use compatibility reviews within designated areas in close proximity to a public use airport or heliport. (Ord. 253, 12-16-2014)

Airport safety (AR) overlay boundaries are designated on the zoning map by the symbols AR1, AR2, and AR3, as defined in the following section.

• A. Area within an adopted airport comprehensive land use plan for a public use airport;

• B. Area within a low altitude/high speed corridor designated for military aircraft operations. (Ord. 253, 12-162014)

For the purposes of this chapter, the following airport safety review areas are established:

A. Airport Safety Review Area 1 (AR1): AR1 includes the areas at either end of a runway, outside the airport boundaries, that correspond with the FAA runway protection zone (per FAR part 152) for each runway end. AR1 also includes any area identified by an interim airport land use plan as a crash hazard zone, or as a touchdown pad and peripheral area for a heliport.

• B. Airport Safety Review Area 2 (AR2): AR2 includes the areas within the adopted 65 CNEL (community noise equivalency level) or Ldn (day-night average sound level) noise contours.

• C. Airport Safety Review Area 3 (AR3): AR3 includes one of the following areas, as applicable:

1. Public Use Airport With Adopted Noise Contours: For a public use airport with adopted noise contours, AR3 includes the area within one mile outside the sixty five (65) Ldn noise contour, encompassing the boundaries prescribed in FAR part 77 that depict imaginary surfaces for "objects affecting navigable airspace", as applicable to the specific FAA approved airport layout and approach plan. The imaginary surfaces are as follows:

a. Approach surface: Extending outward and upward from the end of the primary runway surface along a slope of twenty to one (20:1) and extending for a horizontal distance of five thousand feet (5,000'). (Slope and distances increase depending on precise approach existing or planned for the particular runway.)

b. Horizontal surface: A horizontal plane one hundred fifty feet (150') above the established airport elevation. The perimeter is constructed by swinging arcs of five thousand feet (5,000') (10,000 feet for runways other than utility or visual) radii from the center of each of the primary runway surfaces (i.e., beginning points of safety review area 1) and connecting the adjacent arcs by lines tangent to the arcs.

• c. Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty to one (20:1) for a horizontal distance of four thousand feet (4,000').

2. Public Use Airport Without Adopted Noise Contours: For a public use airport without adopted noise contours

• (e.g., 65 Ldn), AR3 includes the area within one mile of the outer boundaries of the airport ownership.

3. Heliports: The area outside the 65 Ldn noise contour for a heliport but within one-half ([1] /2) mile of the line. (Ord. 253, 12-16-2014)

A. This section lists the airport comprehensive land use plans with which development in compliance with this chapter shall be consistent.

1. Airport comprehensive land use plan - Yucca Valley Airport. (Ord. 253, 12-16-2014)

A. Public Hearing: In addition to all other requirements of this development code that require a public hearing before a decision on a land use application, public hearing review is also required when a proposed use is inconsistent with the comprehensive land use compatibility criteria of the applicable airport comprehensive land use plan.

B. Required Findings: The approval of a land use application for a proposed expansion, revision, or establishment of airport or heliport facilities within an airport safety review area shall require that the review authority first find that the proposal is consistent with the general plan, and the findings, development standards and review procedures of this chapter.

C. Land Use Approval: Land use approval for any project found to be inconsistent with an adopted airport comprehensive land use plan shall be reviewed and acted upon by the town in the form of a minute order or resolution, in compliance with Public Utilities Code section 21661.5, and the state department of transportation shall be provided a copy of the minute order or resolution.

D. Conditions Of Approval: Any requirements resulting from project review in compliance with this section shall be incorporated into the project design and conditions of approval. (Ord. 253, 12-16-2014)

The following standards and criteria shall apply to each development or land use proposed within an AR overlay or an airport safety review area, in addition to any standards required by the applicable airport comprehensive land use plan: A. Allowed Land Uses: Each proposed use shall be consistent with the general plan, any applicable airport land use plan, and this section; provided that no permanent structure or use shall be allowed within airport safety review area 1. B. Height Limits: Proposed structures and the normal mature height of any vegetation shall not exceed the height limitations established in federal aviation regulations (FAR) part 77, unless form 7460-1 (notice of proposed construction or alteration) has been filed with and approved by the FAA before the issuance of a building permit. All mitigation measures recommended by the FAA shall be incorporated into the project conditions of approval. Existing topographic elevations, as compared to the elevation of the centerline of the runway, shall be considered in determining the permitted height of an affected structure.

For heliports, structures and the normal mature height of any vegetation adjacent to the helipad shall not exceed the height limitations provided by the requirements of federal aviation regulations (FAR) part 77 for heliports.

C. Interference With Aircraft Operations: The proposed use or structure shall not reflect glare, emit electronic interference, produce smoke, or store or dispense hazardous materials in such a manner that would endanger aircraft operations or public safety in the event of an aircraft accident.

For heliports, uses or structures adjacent to the helipad shall not reflect glare, emit electronic interference, produce smoke, or store or dispense hazardous materials in such a manner that would endanger aircraft operations or public safety in the event of an aircraft accident.

D. Federal And State Requirements: Each airport and heliport shall be constructed in compliance with FAA requirements and the requirements of applicable state law.

E. Noise Standards: Noise level reduction shall be designed and constructed in all structures to maintain maximum interior noise level of forty five (45) dBA for residential uses, and fifty five (55) dBA for commercial and industrial uses.

F. Easements: An avigation easement acknowledging potential noise and safety impacts and limitations on heights and lighting shall be granted to the appropriate airport and recorded at sale of property for those uses established within an AR1, AR2, or AR3. A copy of the easement shall be forwarded to the town and the affected airport.

G. Notifications By Property Owner: The property owner shall provide to all renters, lessees or buyers information that the site is subject to aircraft overflight from the applicable airport, is subject to the potential noise problems associated with aircraft operations, and is subject to an avigation easement. The information shall be provided before completion of the rental, lease or sale, and shall be incorporated into the CC&Rs recorded with the property and in all lease and rental agreements. (Ord. 253, 12-16-2014)