HomeMy WebLinkAboutItem 6.2 Livermore Airport Land Useor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT CITY CLERK
CITY COUNCIL File #420 - 30/450- 30/1060 -70
August 19, 2014
Honorable Mayor and City Councilmembers
Christopher L. Foss, City Manager �?14 "
Airport Land Use Compatibility Plan for the Livermore Municipal Airport General
Plan Amendment and Zoning Ordinance Amendment (PLPA- 2014 - 00028)
Prepared by Mamie R. Delgado, Senior Planner
EXECUTIVE SUMMARY:
In August 2012, the Alameda County Airport Land Use Commission adopted a comprehensive
update to the 1986 Airport Land Use Compatibility Plan for the Livermore Municipal Airport.
Pursuant to State Law, jurisdictions affected by the Plan are required to review and update their
local plans for consistency with the Airport Land Use Compatibility Plan. Staff has reviewed the
updated Airport Land Use Compatibility Plan and is proposing amendments to the General Plan
and Zoning Ordinance to ensure consistency with the Airport Land Use Compatibility Plan.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, deliberate, and take the
following actions:
a) Take a straw vote regarding the proposed General Plan Amendment to establish
consistency with the Airport Land Use Compatibility Plan for the Livermore Municipal
Airport; and
b) Waive the reading and INTRODUCE an Ordinance approving Zoning Ordinance
amendments to establish consistency with the Airport Land Use Compatibility Plan
for the Livermore Municipal Airport.
Submitted By
Community Development Director
'Reviewed By
Assistant City Manager
Page 1 of 6 ITEM NO. 6.2
DESCRIPTION:
Background
The State Aeronautics Act provides for the establishment of an Airport Land Use Commission
(ALUC) to protect the public health, safety and welfare by promoting the orderly expansion of
airports and the adoption of land use measures by local public agencies to minimize the public's
exposure to excessive noise and safety hazards near airports. The State Aeronautics Act also
requires the preparation of a land use compatibility plan for public -use airports in California in
order to encourage compatibility between airports and the various land uses that surround them.
In 1971, Alameda County established an Airport Land Use Commission (ALUC) to prepare a
land use compatibility plan for the Livermore Municipal Airport. The plan was adopted in 1977
and amended in 1979 and 1986. The land use compatibility plan promotes compatibility
between the Livermore Municipal Airport and the surrounding environment which includes
properties in the cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda
County.
The Alameda County ALUC uses the land use compatibility plan when reviewing development
projects that are proposed within the adopted airport referral area, also known as the Airport
Influence Area (AIA). The AIA is an area surrounding the Livermore Municipal Airport where
airport- related noise, overflight, safety and airspace protection factors may have an adverse
effect on land uses. In Dublin, the AIA generally encompasses the area between Tassajara
Road and the eastern City limit line, south of Gleason Drive (Attachment 1).
In 1993, the Alameda County ALUC, at the request of the City of Livermore, amended the land
use compatibility plan to include an Airport Protection Area (APA). The purpose for establishing
the APA was to protect the Livermore Municipal Airport from possible closure or curtailment of
operations due to the encroachment of incompatible land uses near the airport or under the
flight pattern for the airport. In adopting the APA, restrictions were placed on the establishment
of residential and other noise - sensitive land uses in an effort to minimize the public's exposure
to noise and safety impacts from aircraft. The City's current General Plan land use designations
remain in compliance with the APA.
In 2012, the Alameda County ALUC completed a multi -year effort to update the 1986 land use
compatibility plan. Because portions of Dublin are located within the AIA, APA and Safety Zones
6 and 7 for the Livermore Municipal Airport, the Alameda County ALUC engaged City Staff in
the process to update the plan. Staff reviewed the draft plan and did not identify any significant
changes in permitted land uses that would affect properties in Dublin under their current General
Plan Land Use designations. On July 18, 2012, the Alameda County ALUC adopted the updated
Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport (Attachment
2).
When an ALUCP is amended or updated, State law requires that local agencies review their
general plans and applicable specific plans to ensure that they remain consistent with the
ALUCP. There are four ways a local agency can achieve consistency with an adopted ALUCP:
Page 2 of 6
1. Incorporate policies into existing General Plan Elements.
2. Adopt a General Plan Airport Element.
3. Adopt the ALUCP as a stand -alone document.
4. Implement compatibility policies through zoning.
In order for local plans to be found consistent with the ALUCP, they must address compatibility
planning and avoid direct conflicts with compatibility planning criteria.
Compatibility Planning Criteria
The ALUCP sets forth policies related to the following compatibility planning criteria:
Noise: Noise compatibility policies are established to prevent the development of noise - sensitive
land uses in portions of the airport environ that are exposed to significant levels of aircraft noise.
Safety: Safety compatibility policies are established to minimize the risk to people and property
on the ground as well as people in an aircraft in the event of an accident or emergency landing
occurring outside the airport boundary.
Airspace Protection: Airspace protection policies are established to reduce the risk of harm to
people and property resulting from an aircraft accident; these policies seek to prevent the
creation of land use features that can be hazards to the airspace used by aircraft in flight.
Overflight: Overflight policies are established to warn people near an airport of the presence of
aircraft so they can make informed decisions before acquiring or leasing property within the
airport referral area.
Consistency Determination
Proposed changes to local plans to address compatibility planning must be submitted to the
Airport Land Use Commission (ALUC) for a consistency determination prior to adoption by the
local agency. Once deemed consistent by the ALUC, future projects need only be reviewed by
the ALUC under a limited number of circumstances which are discussed in further detail below.
In the absence of a consistency determination by the ALUC, all projects within the Airport
Influence Area (AIA) must be referred to the ALUC for review prior to approval.
Staff is proposing adoption of General Plan policies and an Airport Overlay Zoning District to
ensure compatibility with the ALUCP. The proposed General Plan policies address compatibility
planning criteria and the proposed overlay zoning district will provide City Staff with the tools
necessary to review projects within the AIA for compliance with ALUCP policies. The intent of
the overlay zoning district would be to protect land uses from hazards related to airport
operations; identify a range of uses compatible with the airport environ; prohibit the development
of incompatible uses; require noise attenuation, where appropriate; and comply with the Federal
Aviation Administration regulations, while maintaining local control of land use decisions. Staff
reviewed the Eastern Dublin Specific Plan which currently addresses the Airport Protection Area
(APA) for the Livermore Municipal Airport; therefore, the Specific Plan does not need to be
amended.
Page 3 of 6
On March 4, 2014, the proposed General Plan and Zoning Ordinance Amendments were
presented to the Dublin City Council for review and recommendation to the Airport Land Use
Commission. The City Council received the March 4t" report and directed Staff to submit the
proposed General Plan and Zoning Ordinance Amendments to the Alameda County Airport
Land Use Commission for a land use compatibility determination.
On May 21, 2014, the proposed General Plan and Zoning Ordinance Amendments were
presented to the Airport Land Use Commission for a consistency determination. The ALUC
adopted Resolution 01 -2014 (Attachment 3) finding the proposed amendments consistent with
the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the Livermore
Municipal Airport.
Proposed General Plan Amendments
Staff is proposing amendments to the General Plan Land Use Element, Seismic Safety and
Safety Element and Noise Element to incorporate policies to ensure compatibility between the
General Plan and the ALUCP (Attachment 4). In addition, Staff is proposing that the Dublin
General Plan Land Use Map (Figure 1 -1) be amended to include the Airport Influence Area
(AIA) boundary, the Airport Protection Area (APA) boundary and Safety Zone 6 (Attachment 5).
State law limits General Plan amendments to four per General Plan Element per calendar year.
In order to avoid amendments in excess of the number permitted by State Law, General Plan
amendments for specific projects can be grouped together and adopted by one resolution.
Therefore, this proposed General Plan Amendment will be grouped together with other
proposed General Plan Amendments and brought forward for formal action to be heard at a
future City Council Meeting and approved with one action (Resolution). The City Council is
being asked tonight to take a straw vote regarding the proposed General Plan Amendment.
Proposed Overlay Zoning District
Staff is also proposing the creation of an Airport Overlay Zoning District to implement the
proposed General Plan policies (Attachment 6). An overlay zoning district is a regulatory tool
that creates special zoning provisions in addition to those in the existing zoning district. The
proposed Airport Overlay Zoning District would be placed over existing Planned Development
Zoning Districts within the AIA and would include special provisions to address compatibility with
the Livermore Municipal Airport.
The boundary of the proposed overlay Zoning District would be coterminous with the Airport
Influence Area (AIA) boundary and would be reflected on the Dublin Zoning Map (refer to
Attachments 1 and 7). As noted earlier, the boundary generally encompasses the area between
Tassajara Road and the eastern City limit line, south of Gleason Drive. All development within
the AIA would be reviewed by City Staff for compliance with the proposed Airport Overlay
Zoning District Chapter of the Zoning Ordinance. However, as noted above, State Law would
still require that certain land use actions be reviewed by the ALUC prior to being approved by
the City. These land use actions include:
• General Plan or Specific Plan amendments that propose new land uses or increase the
intensity or density of existing land uses.
Page 4 of 6
• Zoning Ordinance amendments that introduce new land uses; increase the intensity or
density of an existing land use; or involve airport related concerns (i.e. noise, safety,
obstructions, or hazards).
• Redevelopment of a property that introduces a new land use to replace an existing land
use at a density or intensity that may differ from the existing use and the existing use is
not compatible with the ALUCP.
• Airport and Heliport Plans for new airports, heliports or helipads that require a State
Airport Permit or the expansion of existing airports or heliports.
In the past, Dublin projects, such as Fallon Village and more recently the Fallon Gateway
freeway oriented sign, have been reviewed by the ALUC under this provision of State Law and
were deemed consistent with the ALUCP.
Planning Commission Meeting
At the July 22, 2014 Planning Commission meeting, Staff presented the proposed General Plan
and Zoning Ordinance Amendments and the Planning Commission adopted Resolutions 14 -33
and 14 -34 (Attachments 8 and 9) recommending City Council approval of the amendments.
The draft City Council Resolution and Ordinance are included as Attachments 10 and 11.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
In accordance with State law, a Public Notice was published in the Valley Times and posted at
several locations throughout the City. The Public Notice was also provided to all persons who
have expressed an interest in being notified of meetings. A copy of this Staff Report has been
made available on the City's website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects be reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, Staff is recommending
that the proposed Amendments be found exempt from CEQA per CEQA Guidelines Section
15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the
potential to cause a significant effect on the environment. The adoption of the proposed
Amendments are exempt from CEQA because the Amendments do not, in and of itself, allow
the construction of any building or structure, but rather sets forth the regulations that shall be
followed if and when a building or structure is proposed to be constructed or a site is proposed
to be developed. The Amendments, therefore, have no potential for resulting in significant
physical change in the environment, directly or ultimately.
ATTACHMENTS:
1. Airport Influence Area (AIA) boundary map.
2. Airport Land Use Compatibility Plan for the Livermore Municipal Airport, August 2012.
3. Airport Land Use Commission Resolution 01 -2014.
4. Proposed General Plan policies.
Page 5 of 6
5. Proposed General Plan Land Use Map with Airport Influence Area boundary, Airport
Protection Area boundary and Safety Zone 6.
6. Proposed Airport Overlay Zoning District Chapter.
7. Proposed Zoning Map with Airport Influence Area boundary, Airport Protection Area
boundary and Safety Zone 6.
8. Planning Commission Resolution 14 -33 recommending that the City Council adopt a
Resolution approving General Plan amendments to establish consistency with the Airport
Land Use Compatibility Plan for the Livermore Municipal Airport.
9. Planning Commission Resolution 14 -34 recommending that the City Council adopt an
Ordinance approving Zoning Ordinance amendments to establish consistency with the
Airport Land Use Compatibility Plan for the Livermore Municipal Airport.
10. Draft City Council Resolution approving General Plan amendments to establish
consistency with the Airport Land Use Compatibility Plan for the Livermore Municipal
Airport.
11. Draft Ordinance approving Zoning Ordinance amendments to establish consistency with
the Airport Land Use Compatibility Plan for the Livermore Municipal Airport.
Page 6 of 6
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THE AIRPORT LAd USE COMMISSION OF ALAMEDA COUNTY
HAYWARD, CA
RESOLUTION 01. 2014 A l'"A MEETING HELD MAY 2-1, 2014
WHEREAS, CC)Uirrty Airport Land Use Canin,iis«-,Jans (AL.(JCs) were established pursuant to
the State AL..U("' law (Public Utilities Code Article 15, State Aeronautics Act, Section
21.661.5, Section 21670 et seq., and Government Code Section 65302.3 et seq.,) to protect
the pUblic: health, safety, and meifaire by prornoting ordierly expansion of airports and
_se optlon of' land USC ineasures t-.)y local public agencies to rninirnize exr.)OSUire to excessive
riolse and safety hazards near airports; and
WHEREAS, staLe law au,A ' -horizes Al.,,U(I's to coordinate 1'.)lanning at the state, regional arid
local levels; to prepare arid adopt Airport Land Use Compatibility Plans; and to review and
rnake recornmendaLions concerning spre�cified plans, regUlabons and other actioris of local
agencies and airport operators inClUding General and Specific Plan an'iendirnients, adoptiorl of
a Zoning Ordinance or Flezonling, adoption of Building RegUatilons, revision of Airport Master
Plans, and approval of" plains to construct a new air-port/heliport; and
WHEREAS, the Airport Land Use Con"irrflssion op: ounty comrrnenced an ul.,)date to
the 1.986 Aii-port 1, and Use Policy Plan for the I.Jverrnore IMUnicipaall Airport in 2001 7; and
WHEREAS, the Airport Land Use Cornpatibility, Plan (Al IL)CP) for tiie Liverirnore MUrlibpal
l'-p: ort was adopt&d by the pr p. Land Use Corrunission of Alarneda COUrity On July 18,
201.2; and
WHEREAS, iin accordance wiLh the provisions of Goverrnment Cocle Section 653023 (a)
(c)), and Sectlon 2 ,676 of the PLiblic Utflibes Codle once an airport land use con,irnission! has
adopted or arnernded an Al.,.(JCP, within .180 -days local jurisdictions rnust 1.) arneind gerierai`
plans and any applicable specift plains to be consistent with the Al IUCP; or 2) rinake findings
in accordance with state law and overruIle the Al-OCT In whole or in part; arid 3) achieve as
LWO th�:RJS City COU11Cd VOtE2 in support of the overrUle; and
WHEREAS, the 1,80 -day review period for jUrISClictions that are locatc,.,,d in wl-iole or in Ipaarwt
wlthin the Livermore lViUnicipal Airport's Airport InflUerice Area (AIA) commenced October 1r,
2012 and ended March 29, 2013; arid
WHEREAS, on March 4, 201.4 the City of Dublin City Council approved Agenda Itern No,
8.5--the proposed General Rarn and Zoning Ordinance ArnencIrrients and authorized staff to
subr-nit these to the Aian-)Ea,da COUnty ALUC for a Consistency [Deter"imination; and
WFIEREAS, the City of [)ubliri, in cornpliance with this review reqUirernent st.ibrnitted
propose(J Geneiral Plan and Zorilrig Ordinance Amendments to the At.J.JC for a consistency
review vvil:h the ALLJCP for the Livermore MUnlcjf-)al Airport; and
WHEREAS, the Airport Land Use Corrin-iission of Alarneda COUnty reviewed the Dubhn
Gc-.!neral Plarr and Zonkig Ordinance Ari-rendments at the May 21, 2014 ALUC meeting; arid
WHEREAS, the Airport L..and Use Cornrnission of Alan-ieda County accepts tl-ie proposed
an'iendrr)ents to incorporate the Corrif-)atil.Aity Plan policies into the 1-and Use, 9 oise, and
I., General Plan and Zoning Ordinance Amendments PLPA-2014-00028, as approved by
the Dublin City Council on March 4, 2014 and Submitted by the City of Dubiin to the
ALUC are consistent with the policies and provisions of the 2012 Airport Land Use
Compatibility Pian for the Livermore Municipal Airport.
NOW, THEREFORE BE IT FURTHER RESOLVED that the Airport Land Use Commission of
Aiameda County took the following action at its May 21, 2014 regularly scheduled ALUC
meeting:
1. Adopted Resohition 01-201.4 making this Consistency Determination in accordance
with applicable law,
AYES:: CHARPEN'rIER, HAURI, HENSON, MARCHAND, MORRIS
NOES: NONE
ABSENT: SPAULDING
ABSTAINED:
SIGNED:
0
W1k-.R HAURI.,
AIR, ALAMEDA COUN-ry AiRPoR-r LAND USE COMMISSION
11
Proposed General Plan Amendments
Airport Land Use Compatibility Plan
Land Use Element
Staff is proposing that the following policies be added to the Land Use Element for the Eastern
Extended Planning Area to address land use compatibility with the Livermore Municipal
Airport:
Guiding Policy: All land uses within the Livermore Municipal Airport, Airport Influence
Area (AIA) shall be reviewed for consistency with the compatibility policies of the
Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP).
Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all
development within the Airport Influence Area (AIA) is reviewed for consistency with all
applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP)
policies.
Seismic Safety and Safety Element
Staff is proposing that the following policies
Element for the Eastern Extended Planning
Livermore Municipal Airport:
be added to the Seismic Safety and Safety
Area to address safety associated with the
Guiding Policy: All land uses within the Airport Influence Area (AIA) shall be reviewed
for consistency with the safety compatibility policies and airspace protection policies of
the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport.
Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all
development within the Airport Influence Area (AIA) is reviewed for consistency with all
applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP)
policies.
Noise Element
Staff is proposing that the following policies be added to the Noise Element for the Eastern
Extended Planning Area to address noise associated with the Livermore Municipal Airport:
Guiding Policy: All land uses within the Airport Influence Area (AIA) shall be reviewed
for consistency with the noise compatibility policies and overflight policies of the Airport
Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport.
Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all
development within the Airport Influence Area (AIA) is reviewed for consistency with all
applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP)
policies.
0 DUBLIN GENERAL PLAN (Figure 1 -1)
WiN Land Use with Airport P r o t e c t i on Zones
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City of Dublin
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AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
CHAPTER 8.35 AIRPORT OVERLAY ZONING DISTRICT
8.35.010 Purpose and Intent.
The purpose and intent of the Airport Overlay Zoning District is to:
A. Implement the Airport Land Use Compatibility Plan (ALUCP) for the Livermore
Municipal Airport in accordance with State Law and as adopted by the Alameda County
Airport Land Use Commission (ALUC).
B. Implement the City's General Plan policies to ensure that all land uses within the Airport
Influence Area (AIA) are consistent with the compatibility policies of the Airport Land
Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport.
C. Protect land uses around the airport from potential hazards related to airport operations.
D. Identify a range of uses compatible with airport accident hazard and airport noise
exposure.
E. Prohibit the development of incompatible uses that are detrimental to the general health,
safety and welfare and to existing and future airport operations.
F. Require noise attenuated construction within the airport environs.
G. Comply with federal aviation administration (FAA) regulations.
8.35.020 Definitions.
For purposes of these regulations, certain words or phrases shall be interpreted as set forth in this
Chapter unless it is apparent from the context that a different meaning is intended. Where any of
the definitions of this Chapter may conflict with the definitions in Chapter 8.08 (Definitions) of
the Dublin Zoning Ordinance, the definitions in Chapter 8.35 (Airport Overlay Zoning District)
shall prevail for the purposes of this Chapter.
A. Definitions (A -Z)
Airport Influence Area (AIA). The area in which current or future airport- related noise,
overflight, safety and /or airspace protection factors may significantly affect land uses or
necessitate restrictions on those uses. The Airport Influence Area is designated by the Airport
Land Use Commission (ALUC) as its planning area boundary for the airport and the two terms
can be considered synonymous.
Airport Land Use Commission (ALUC). A commission authorized under the provisions of the
California Public Utilities Code, Sections 21670 et seq. and established, in any county within
City of Dublin Zoning Ordinance 35 -1 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
which a public -use airport is located, for the purpose of promoting compatibility between
airports and the land uses surrounding them.
Airport Land Use Compatibility Plan (ALUCP). A plan adopted by the Airport Land Use
Commission (ALUC) which sets forth policies for promoting compatibility between airports and
the land uses which surround them. This plan is sometimes referred to as an Airport Land Use
Policy Plan (ALUPP).
Airport Protection Area (APA). An area within the Airport Influence Area (AIA) established
to prevent the encroachment of incompatible land uses near the vicinity of the Livermore
Municipal Airport.
Existing Land Use. A land use that either physically exists or else for which government
approvals have been obtained through one or more of the following:
A valid building permit has been issued;
A legally valid development agreement has been approved and remains in effect pursuant
to Government Code Section 65864 et seq. which provides that, "A development
agreement shall specify duration of the agreement, the permitted uses of the property, the
density or intensity of use, the maximum height and size of proposed buildings and
provisions for reservation or dedication of land for public purposes. ";
• A tentative parcel or tract map has been approved and the original period, excluding
extensions, has not expired;
• A vesting tentative parcel or tract map has been approved, pursuant to Government Code
Section 66498.1(b) which "confer a vested right to proceed with development standards
in effect at the time the vesting tentative map is approved or conditionally approved ";
• A parcel or final map has been recorded; or
• A use permit, planned unit development or Planned Development indicating the
permitted uses of the property, the density or intensity of use, the maximum height and
size of proposed buildings and provisions for reservation or dedication of land for public
purposes that has been approved and not yet expired.
Helipad. A small, designated area, usually with a prepared surface, on a heliport, airport,
landing /take -off area, apron /ramp, or movement area used for take -off, landing or parking of
helicopters.
Heliport. A facility used for operating, basing, housing, and maintaining helicopters.
Hospitals. Any facility other than a private physician's office or outpatient clinic, in which care
is offered to individuals who exhibit physical, emotional, or mental disability or illness.
City of Dublin Zoning Ordinance 35 -2 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
Examples include acute care hospitals, freestanding emergency rooms, nursing homes, board and
care facilities, birthing centers, mental institutions and rehabilitation centers.
Hotels and Motels. Any structure or facility intended or suitable for short -term occupancy by
persons as a temporary dwelling. Examples include hotels, motels, bed and breakfast inns, youth
hostels, pensions, and temporary shelters.
Multifamily Residential (land use). Any project, development or other land use in which
separate families or individuals occupy dwelling units which share a common wall or a common
roof, or occupy a common legal parcel of real estate. Examples include duplexes, triplexes,
quadriplexes, apartment buildings, condominiums, townhouses and residential courts. In
addition, institutional uses such as hospitals, nursing homes, board and care facilities,
correctional institutions and boarding schools, which entail the long -term occupancy of a single
structure by unrelated individuals are considered multifamily residential.
Nonconforming Use. An Existing Land Use that does not conform to an adopted or
subsequently amended airport land use compatibility plan.
Office Buildings (land use). Any development, regardless of structure size, which includes
significant floor space suitable for use by personnel performing or providing clerical,
professional, or financial services as a primary use. The presence of limited office space for
support of another primary function is not considered an office building under this definition.
Redevelopment. Construction of a new use (though this does not have to be a new land use
type) to replace an Existing Land Use at a density or intensity that may differ from the existing
use.
Single - Family Residential (land use). The use of land for dwellings in such manner that no
more than one primary dwelling unit is developed on each legal parcel and the size of each legal
parcel is less than one acre.
8.35.030 Applicability.
The Airport Overlay Zoning District shall apply to all lands within the Airport Overlay Zone
mapped on the official Zoning Map. The Airport Overlay Zone is coterminous with the
Livermore Municipal Airport, Airport Influence Area (AIA) as identified in Figure 3 -1 and
described in Section 3. 1.1 of Chapter 3 of the adopted Livermore Municipal Airport ALUCP
(August 2012).
The Airport Overlay Zoning District is a designation in addition to the Planned Development
(PD) Zoning District designation that each property in the Airport Overlay Zoning District
retains. The PD Zoning District ordinance for each property contains all the information
regarding permitted and conditionally permitted uses and development standards and regulations
while the Airport Overlay Zoning District provides a mechanism to review land uses within the
District for consistency with the ALUCP for the Livermore Municipal Airport.
City of Dublin Zoning Ordinance 35 -3 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
All permitted and conditionally permitted uses set forth in a PD Zoning District that was adopted
and in effect prior to August 2012 shall be deemed Existing Land Uses pursuant to the
Livermore Municipal Airport ALUCP. The Alameda County ALUC has no authority over
Existing Land Uses unless changes to an Existing Land Use results in an increase of non-
conformity with ALUCP policies and the change would increase the intensity or density of the
use beyond what was permitted by the Existing Land Use (Reference: ALUCP Chapter 2,
Section 2.7.5.7(b)).
8.35.040 Projects Subject to Compliance with this Chapter.
A. Projects Subject to Review by the Airport Land Use Commission (ALUC). The
following land use actions shall be reviewed by the Airport Land Use Commission
(ALUC) for compliance with the Livermore Municipal Airport ALUCP prior to approval
by the City (Reference: ALUCP, Chapter 2, Section 2.6.1):
1. General Plan or Specific Plan Amendments. General Plan or Specific Plan
Amendments that propose new land uses or increase the intensity or density of
Existing Land Uses within the Airport Influence Area (AIA). Existing Land Uses
are defined in Section 8.35.020.A (Definitions A -Z) of this Chapter.
2. Zoning Ordinance Amendments. Zoning Ordinance Amendments that:
a. Introduce a new land use (i.e. Use Type) within the AIA not contemplated
by an Existing Land Use; or
b. Increase the intensity or density of, or permitted by, an Existing Land Use
within the AIA; or
C. Involve any of the following airport- related concerns:
1. Exposure to aircraft noise;
2. Exposure of persons on the ground to accident potential;
3. Creation of obstructions to air navigation; or
4. Creation of hazards to flight such as wildlife hazards, smoke, flare,
lighting, electrical interference and thermal plumes.
3. Redevelopment. Redevelopment of a property that:
a. Replaces an Existing Land Use with a new use; or
b. Increases the intensity or density of, or permitted by, an Existing Land Use
which is consistent with the General Plan and /or Specific Plan but does
City of Dublin Zoning Ordinance 35 -4 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
not conform to the compatibility criteria set forth in the Livermore
Municipal Airport ALUCP.
4. Airport and Heliport Plans. Any proposal for a new airport, heliport or helipad,
for public or private use, if the facility requires a State Airport Permit and any
proposal to expand an existing airport or heliport that is not included in an
approved master plan for the airport or heliport and such expansion will require
an amendment to a State Airport Permit.
B. Projects Subject to Review by the City. All ministerial actions and all discretionary
actions shall be reviewed by the City for compliance with the Livermore Municipal
Airport ALUCP and this Chapter prior to approval.
1. Ministerial Actions. Projects subject to a ministerial action including, but not
limited to, Business License applications, Building Permit applications, Zoning
Clearance applications and Site Development Review Waivers shall document
compliance with Section 8.35.050 (Development Regulations) of this Chapter
prior to approval.
a. Exceptions to Ministerial Actions. The following ministerial actions
shall be exempt from the requirements of this Chapter:
i. Business License applications for out of town businesses, home
occupations, change of owner or business name, and daily /itinerant
business licenses.
ii. Building permit applications for projects subject to a discretionary
action where compliance has already been documented as part of
the discretionary action.
iii. All other Building Permit applications except for Commercial
Alterations.
iv. Zoning Clearance applications for temporary promotional signs.
V. Zoning Clearance applications for permanent signs when limited to
wall signs only.
vi. Temporary Use Permit applications.
vii. Heritage Tree Removal applications.
2. Discretionary Actions. Projects subject to a discretionary action including, but
not limited to General Plan Amendments, Specific Plans and Specific Plan
Amendments, Zoning Ordinance Amendments, Site Development Review
Permits, Variances, Conditional Use Permits and Minor Use Permits, shall
document compliance with Section 8.35.050 (Development Regulations) of this
Chapter and all required findings for the applicable discretionary action in
addition to those in Section 8.35.060.0 (Required Findings) of this Chapter shall
be made prior to approval of the project.
City of Dublin Zoning Ordinance 35 -5 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
If, during the course of review of any ministerial or discretionary action, the City
identifies potential airport related concerns, the Community Development Director has
the authority to require that the project be referred to the Airport Land Use Commission
for review.
8.35.050 Development Regulations.
Projects subject to compliance with this Chapter shall comply with the compatibility policies and
criteria for airport related noise, public safety, airspace protection and aircraft overflight as set
forth in Section 3.3 of the Livermore Municipal Airport ALUCP (August 2012).
A. Airport Related Noise. Noise compatibility standards are intended to prevent the
establishment of noise - sensitive land uses in portions of the airport environ that are
exposed to significant levels of aircraft noise. Where permitted within the Airport
Influence Area (AIA), the following noise - sensitive land uses shall comply with
applicable noise exposure criteria.
1. Interior Noise Levels not to Exceed 45db CNEL. For the following noise -
sensitive land uses, aircraft - related, interior noise levels shall not exceed 45dB
CNEL (with windows closed):
a. Living or sleeping areas of single or multi - family residences;
b. Hotels and motels;
C. Hospitals and nursing homes;
d. Place of Worship, meeting halls, and mortuaries; and
e. Schools, libraries and museums.
2. Interior Noise Levels not to Exceed 50 dB CNEL. For the following noise -
sensitive land uses, aircraft - related, interior noise levels shall not exceed 50dB
CNEL (with windows closed):
a. Office environments;
b. Eating and drinking establishments; and
C. Other miscellaneous commercial facilities.
B. Public Safety. Land use compatibility standards are intended to minimize the risk to
people and property on the ground as well as to people in an aircraft in the event of an
accident or emergency landing occurring outside the airport boundary.
1. Airport Influence Area (AIA). The following land uses have been determined
by the ALUCP to have a high risk of exposing persons to airport- related safety
hazards and are therefore prohibited within the AIA and the Airport Overlay
Zone:
a. Field and stalk crops;
b. Dry farm and grain;
City of Dublin Zoning Ordinance 35 -6 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
C. Forest reserves; and
d. Fish and game reserves.
The following land uses have been determined by the ALUCP to be "conditional"
within the AIA. "Conditional" means that the uses may be compatible with airport
operations depending on their location, size, bulk, height, density and intensity of
use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal Airport
ALUCP (August 2012) for conditional criteria.
a. Medium to large indoor assembly ( >300 <1,000 people);
b. Waterways (rivers, creeks, swamps, bays, lakes);
C. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water
storage, flood control or water conveyance channels; and
d. Water treatment.
2. Airport Influence Area (AIA), Safety Zone 6. The following land uses have
been determined by the ALUCP to have a high risk of exposing persons to
airport- related safety hazards and are therefore prohibited in those portions of the
AIA and Airport Overlay Zone identified as "Zone 6: Traffic Pattern Zone." Refer
to Figure 35 -1 of this Chapter.
a. Schools (K -12);
b. High capacity indoor assembly ( >1,000 people);
C. Large outdoor assembly (>1,000 people);
d. Orchards;
e. Power plants; and
f. Golf courses.
The following land uses have been determined by the ALUCP to be "conditional"
within those portions of the AIA identified as "Zone 6: Traffic Pattern Zone."
Refer to Figure 35 -1 of this Chapter. "Conditional" means that the uses may be
compatible with airport operations depending on their location, size, bulk, height,
density and intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the
Livermore Municipal Airport ALUCP (August 2012) for conditional criteria.
a. Commercial daycare ( >6);
b. In- patient facilities (i.e. hospitals, health care facilities, non - ambulatory
medical centers, sanitariums, psychiatric facilities);
C. Congregate care facilities, ambulatory and non - ambulatory (i.e. assisted
living, convalescent, rehabilitation facilities, retirement homes);
d. Correctional facilities;
e. Low capacity indoor assembly ( <300 people); and
f. Vineyards.
3. Airport Influence Area (AIA), Safety Zone 7. The following land uses have
been determined by the ALUCP to be "conditional" within those portions of the
City of Dublin Zoning Ordinance 35 -7 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
AIA identified as "Zone 7: Area between Zone 6 and the AIA boundary." Refer to
Figure 35 -1 of this Chapter. "Conditional" means that the uses may be compatible
with airport operations depending on their location, size, bulk, height, density and
intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal
Airport ALUCP (August 2012) for conditional criteria.
a. High capacity indoor assembly ( >1,000 people);
b. Medium to large indoor assembly (>300 <1,000 people);
C. Large outdoor assembly ( >1,000 people);
d. Waterways (rivers, creeks, swamps, bays, lakes);
e. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water
storage, flood control or water conveyance channels;
L Water treatment;
g. Power plants; and
h. Golf courses.
4. Airport Protection Area (APA). The Airport Protection Area (APA) is an area
within the Airport Influence Area (AIA) that has been established to prevent the
encroachment of incompatible land uses near the Livermore Municipal Airport.
Refer to Figure 35 -1 of this Chapter. The following land uses have been
determined by the ALUCP to have a high risk of exposing persons to airport -
related safety hazards and are therefore prohibited within the APA:
a. Single family residential;
b. Multi - family residential;
C. Hotels and motels; and
d. Long term lodging (i.e. dormitories, etc.).
5. Uses Considered "Conditional ". Uses considered "conditional" may be
compatible with airport operations depending on their location, size, bulk, height,
density and intensity of use. The primary measure of risk exposure, for people on
the ground in the event of an aircraft accident, is the number of people
concentrated in a single area. Applications, whether ministerial or discretionary,
to establish uses considered "conditional" shall be referred to the Alameda
County ALUC for an advisory review. The ALUC will identify any design or
locational strategies that could reduce or avoid harm to those on the ground
resulting from a potential aircraft accident.
City of Dublin Zoning Ordinance 35 -8 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
Figure 35 -1 Airport Overlay Zone
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C. Airspace Protection. Airspace protection standards are intended to reduce the risk of
harm to people and property resulting from an aircraft accident by preventing the creation
of land use features that can be hazards to the airspace used by aircraft in flight.
1. Federal Aviation Administration (FAA) Review. The following airspace
protection standards shall apply to all projects regardless of whether they are
proposed within or outside of the Airport Influence Area (AIA).
a. Proponents of a project shall notify the FAA if a proposed structure may
exceed 1 -foot in height for every 100 -feet from the edge of the nearest
runway for a distance up to 20,000 -feet.
b. Proponents of a project shall notify the FAA if a proposed structure is
more than 200 -feet above ground level.
2. Other Flight Hazards. The following specific characteristics shall be avoided
within the Airport Influence Area (AIA):
City of Dublin Zoning Ordinance 35 -9 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
a. Glare or distracting lights that could be mistaken for airport lights;
b. Sources of dust, heat, steam, or smoke that may impair pilot vision;
C. Sources of steam or other emissions that may cause thermal plumes or
other forms of unstable air that generate turbulence within the flight path;
d. Sources of electrical interference with aircraft communications or
navigation; and
e. Features that create an increased attraction for wildlife.
D. Aircraft Overflight. Aircraft overflight standards are intended to provide overflight
notification for land uses near the Livermore Municipal Airport. It shall be the
responsibility of all owners of property offered for -sale or for -lease within the Airport
Overlay Zoning District to provide the following disclosure prior to selling or leasing
property in Dublin.
NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what
is known as an airport influence area. For that reason, the property may be
subject to some of the annoyances or inconveniences associated with
proximity to airport operations (for example: noise, vibration, or odors).
Individual sensitivities to those annoyances can vary from person to
person. You may wish to consider what airport annoyances, if any, are
associated with the property before you complete your purchase or lease
and determine whether they are acceptable to you.
All discretionary actions shall include a condition of approval requiring all owners of
property offered for -sale or for -lease within the Airport Overlay Zoning District to
provide the aforementioned disclosure prior to selling or leasing property. For new
residential land uses, the overflight notification shall be recorded and appear with the
property deed.
8.35.060 Procedures.
A. Approval. All ministerial and discretionary actions within the Airport Overlay Zoning
District, unless otherwise exempted in Section 8.35.040.B.1.a (Exceptions to Ministerial
Actions), shall be reviewed for consistency with the Livermore Municipal Airport
ALUCP and this Chapter prior to approval.
Projects listed in Section 8.35.040.A (Projects Subject to Review by the Airport Land
Use Commission (ALUC)) shall be referred to the Airport Land Use Commission
(ALUC) for a determination of consistency prior to approval.
City of Dublin Zoning Ordinance 35 -10 Date
AIRPORT OVERLAY ZONING DISTRICT
Chapter 8.35
Uses listed in Section 8.35.050.B (Public Safety) as "conditional" shall be referred to the
Airport Land Use Commission (ALUC) for advisory review prior to approval.
B. Overrule Provisions. Should the Alameda County ALUC deem a project inconsistent
with the Livermore Municipal Airport ALUCP, the City Council may, pursuant to Public
Utilities Code Section 21676(b), overrule the ALUC.
C. Required Findings. Notwithstanding Section 8.35.060.B, when a project within the
Airport Overlay Zoning District is also subject to approval of a discretionary action, the
following additional findings shall all be made prior to approving the project:
1. The project complies with the noise compatibility policies of the Livermore
Municipal Airport ALUCP.
2. The project complies with the safety compatibility policies of the Livermore
Municipal Airport ALUCP.
3. The project complies with the airspace protection policies of the Livermore
Municipal Airport ALUCP.
4. The project complies with the overflight policies of the Livermore Municipal
Airport ALUCP.
City of Dublin Zoning Ordinance 35 -11 Date
D U B L I N Z 0 N I N G M A P
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RESOLUTION NO. 14 -33
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING
GENERAL PLAN AMENDMENTS TO ESTABLISH CONSISTENCY WITH THE AIRPORT
LAND USE COMPATIBILITY PLAN FOR THE LIVERMORE MUNICIPAL AIRPORT
CITY -WIDE
PLPA- 2014 -00028
WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption
and updating of land use compatibility plans for all public -use airports in Alameda County; and
WHEREAS, in 2012, Alameda County completed a multi -year effort to update the 1986
land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, the land use compatibility plan promotes compatibility between the
Livermore Municipal Airport and the surrounding environment which includes properties in the
cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and
WHEREAS, pursuant to State law, when a land use compatibility plan is amended or
updated local agencies must review their general plans, applicable specific plans and zoning
ordinances to ensure that they remain consistent with the land use compatibility plan; and
WHEREAS, amendments are proposed to the Dublin General Plan Land Use Element,
Seismic Safety and Safety Element and Noise Element to incorporate policies to establish
consistency between the Dublin General Plan and the land use compatibility plan for the
Livermore Municipal Airport; and
WHEREAS, amendments are also proposed to the Dublin General Plan Land Use Map
(Figure 1 -1) to include the Airport Influence Area (AIA) boundary, the Airport Protection Area
(APA) boundary and Safety Zone 6; and
WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the
Airport Land Use Commission for a determination of consistency with the updated land use
compatibility plan for the Livermore Municipal Airport prior to being adopted by the local
jurisdiction; and
WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission
adopted Resolution 01 -2014 finding the proposed General Plan Amendments consistent with
the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the Livermore
Municipal Airport; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed
Amendments be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of the proposed Amendments are exempt
from CEQA because the Amendments do not, in and of itself, allow the construction of any
building or structure, but rather sets forth the regulations that shall be followed if and when a
building or structure is proposed to be constructed or a site is proposed to be developed. The
Amendments, therefore, have no potential for resulting in significant physical change in the
environment, directly or ultimately; and
WHEREAS, on July 22, 2014, the Planning Commission held a properly noticed public
hearing on the proposed General Plan amendments, at which time all interested parties had the
opportunity to be heard; and
WHEREAS, a Staff Report dated July 22, 2014, and incorporated herein by reference,
described and analyzed the proposed General Plan amendments. The Staff Report
recommended that the Planning Commission recommend City Council approval of the General
Plan amendments; and
WHEREAS, the Planning Commission used their independent judgment and considered
the Staff Report and all reports, recommendations, and testimony referenced above prior to
making any recommendations on the proposed General Plan amendments.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council adopt the resolution attached as Exhibit A, incorporated herein by reference, approving
General Plan amendments related to the Airport Land Use Compatibility Plan for the Livermore
Municipal Airport.
PASSED, APPROVED AND ADOPTED this 22nd day of July 2014 by the following vote:
AYES: Bhuthimethee, Do, O'Keefe, Goel, Kohli
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Assistant Community Development Director
Planning Commission Chair
2of2
RESOLUTION NO. 14 -34
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING
ZONING ORDINANCE AMENDMENTS TO ESTABLISH CONSISTENCY WITH THE
AIRPORT LAND USE COMPATIBILITY PLAN FOR THE LIVERMORE MUNICIPAL AIRPORT
CITY -WIDE
PLPA- 2014 -00028
WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption
and updating of land use compatibility plans for all public -use airports in Alameda County; and
WHEREAS, in 2012, Alameda County completed a multi -year effort to update the 1986
land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, the land use compatibility plan promotes compatibility between the
Livermore Municipal Airport and the surrounding environment which includes properties in the
cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and
WHEREAS, pursuant to State law, when a land use compatibility plan is amended or
updated local agencies must review their general plans, applicable specific plans and zoning
ordinances to ensure that they remain consistent with the land use compatibility plan; and
WHEREAS, amendments are proposed to the Dublin Zoning Ordinance to add Chapter
8.35 (Airport Overlay Zoning District) to establish consistency between the Dublin Zoning
Ordinance and the land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, amendments are also proposed to the Dublin Zoning Map to include the
Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety
Zone 6; and
WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the
Airport Land Use Commission for a determination of consistency with the updated land use
compatibility plan for the Livermore Municipal Airport prior to being adopted by the local
jurisdiction; and
WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission
adopted Resolution 01 -2014 finding the proposed Zoning Ordinance Amendments consistent
with the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the
Livermore Municipal Airport; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed
Amendments be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of the proposed Amendments are exempt
from CEQA because the Amendments do not, in and of itself, allow the construction of any
building or structure, but rather sets forth the regulations that shall be followed if and when a
building or structure is proposed to be constructed or a site is proposed to be developed. The
Amendments, therefore, have no potential for resulting in significant physical change in the
environment, directly or ultimately; and
WHEREAS, on July 22, 2014, the Planning Commission held a properly noticed public
hearing on the proposed Zoning Ordinance and related General Plan amendments, at which
time all interested parties had the opportunity to be heard; and
WHEREAS, a Staff Report dated July 22, 2014, and incorporated herein by reference,
described and analyzed the proposed Zoning Ordinance and related General Plan
amendments. The Staff Report recommended that the Planning Commission recommend City
Council approval of the Zoning Ordinance and related General Plan amendments. Following the
public hearing, the Planning Commission adopted Resolution 14 -33 recommending that the City
Council approve the related General Plan amendments; and
WHEREAS, the Planning Commission used their independent judgment and considered
the Staff Report and all reports, recommendations, and testimony referenced above prior to
making any recommendations on the proposed Zoning Ordinance amendments.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the Planning Commission recommends that the City
Council adopt the ordinance attached as Exhibit A, incorporated herein by reference, approving
Zoning Ordinance amendments related to the Airport Land Use Compatibility Plan for the
Livermore Municipal Airport, based on the following findings:
1. The amendments provide procedures and regulations to ensure that projects in the
Airport Influence Area (AIA) will be reviewed for compatibility with the adopted Airport
Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport.
2. The amendments are consistent with the General Plan, as amended by the related
General Plan amendments, and with the Eastern Dublin Specific Plan.
PASSED, APPROVED AND ADOPTED this 22nd day of July 2014 by the following vote:
AYES: Bhuthimethee, Do, O'Keefe, Goel, Kohli
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Assistant Community Development Director
Planning Commission Chair
2of2
RESOLUTION NO. XX - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
APPROVING GENERAL PLAN AMENDMENTS TO ESTABLISH CONSISTENCY WITH THE
AIRPORT LAND USE COMPATIBILITY PLAN FOR THE LIVERMORE MUNICIPAL AIRPORT
CITY -WIDE
PLPA- 2014 -00028
WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption
and updating of land use compatibility plans for all public -use airports in Alameda County; and
WHEREAS, in 2012, Alameda County completed a multi -year effort to update the 1986
land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, the land use compatibility plan promotes compatibility between the
Livermore Municipal Airport and the surrounding environment which includes properties in the
cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and
WHEREAS, pursuant to State law, when a land use compatibility plan is amended or
updated local agencies must review their general plans, applicable specific plans and zoning
ordinances to ensure that they remain consistent with the land use compatibility plan; and
WHEREAS, amendments are proposed to the Dublin General Plan Land Use Element,
Seismic Safety and Safety Element and Noise Element to incorporate policies to establish
consistency between the Dublin General Plan and the land use compatibility plan for the
Livermore Municipal Airport; and
WHEREAS, amendments are also proposed to the Dublin General Plan Land Use Map
(Figure 1 -1) to include the Airport Influence Area (AIA) boundary, the Airport Protection Area
(APA) boundary and Safety Zone 6; and
WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the
Airport Land Use Commission for a determination of consistency with the updated land use
compatibility plan for the Livermore Municipal Airport prior to being adopted by the local
jurisdiction; and
WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission
adopted Resolution 01 -2014 finding the proposed General Plan Amendments consistent with
the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the Livermore
Municipal Airport; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the proposed
Amendments be found exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of the proposed Amendments are exempt
1 of 4
from CEQA because the Amendments do not, in and of itself, allow the construction of any
building or structure, but rather sets forth the regulations that shall be followed if and when a
building or structure is proposed to be constructed or a site is proposed to be developed. The
Amendments, therefore, have no potential for resulting in significant physical change in the
environment, directly or ultimately; and
WHEREAS, consistent with section 65352.3 of the California Government Code, the City
obtained a contact list of local Native American tribes from the Native American Heritage
Commission and notified the tribes on the contact list of the opportunity to consult with the City
on the proposed General Plan amendments. None of the contacted tribes requested a
consultation within the 90 -day statutory consultation period and no further action is required
under section 65352.3; and
WHEREAS, on July 22, 2014, the Planning Commission adopted Resolution 14 -33
recommending that the City Council approve the proposed General Plan amendments, which
resolution is incorporated herein by reference and available for review at City Hall during normal
business hours; and
WHEREAS, on August 19, 2014, the City Council held a properly noticed public hearing
on the proposed General Plan amendments, at which time all interested parties had the
opportunity to be heard; and
WHEREAS, a Staff Report dated August 19, 2014, and incorporated herein by reference,
described and analyzed the proposed General Plan amendments. The Staff Report
recommended that the City Council approve the General Plan amendments; and
WHEREAS, the City Council used their independent judgment and considered the Staff
Report and all reports, recommendations, and testimony referenced above prior to approving
the proposed General Plan amendments.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Resolution.
BE IT FURTHER RESOLVED that the City Council finds that the General Plan
amendments, as set forth below, are in the public interest, will promote general health, safety
and welfare, and that the General Plan as amended will remain internally consistent. The
amendments are consistent with the guiding and implementing policies of the General Plan in
each of the General Plan elements. The General Plan amendments noted below will ensure that
the Dublin General Plan is consistent with the 2012 Airport Land Use Compatibility Plan for the
Livermore Municipal Airport.
BE IT FURTHER RESOLVED that the City Council hereby adopts the following
amendments to the General Plan:
1. The Dublin General Plan Land Use Map (Figure 1 -1) shall be amended to include the
Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and
Safety Zone 6 as shown below-
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2. The Land Use Element shall be amended to add the following policies:
Section 2.5.4 Eastern Extended Planning Areas
Guiding Policy: All proposed land uses within the Livermore Municipal Airport, Airport
Influence Area (AIA) shall be reviewed for consistency with the compatibility policies of
the Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP).
Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all proposed
development within the Airport Influence Area (AIA) is reviewed for consistency with all
applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP)
policies.
Section 2.6.4 Eastern Extended Planning Area
Guiding Policy: All proposed land uses within the Livermore Municipal Airport, Airport
Influence Area (AIA) shall be reviewed for consistency with the compatibility policies of
the Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP).
Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all proposed
development within the Airport Influence Area (AIA) is reviewed for consistency with all
applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP)
policies.
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3. The Seismic Safety and Safety Element shall be amended to add Section 8.4 and
include the following policies:
Section 8.4 Airport Land Use Compatibility
Section 8.4.1 Eastern Extended Planning Area
Guiding Policy: All proposed land uses within the Airport Influence Area (AIA) shall be
reviewed for consistency with the safety compatibility policies and airspace protection
policies of the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal
Airport.
Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all proposed
development within the Airport Influence Area (AIA) is reviewed for consistency with all
applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP)
policies.
4. The Noise Element shall be amended to add Section 9.3 and include the following
policies:
Section 9.3 Airport Land Use Compatibility
Section 9.3.1 Eastern Extended Planning Area
Guiding Policy: All proposed land uses within the Airport Influence Area (AIA) shall be
reviewed for consistency with the noise compatibility policies and overflight policies of the
Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport.
Implementing Policy: Adopt an Airport Overlay Zoning District to ensure that all proposed
development within the Airport Influence Area (AIA) is reviewed for consistency with all
applicable Livermore Municipal Airport, Airport Land Use Compatibility Plan (ALUCP)
policies.
PASSED, APPROVED AND ADOPTED this _ day of , 2014, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
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Mayor
ORDINANCE NO. xx — 14
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * * * **
APPROVING ZONING ORDINANCE AMENDMENTS TO ESTABLISH CONSISTENCY WITH
THE AIRPORT LAND USE COMPATIBILITY PLAN FOR THE
LIVERMORE MUNICIPAL AIRPORT
CITY -WIDE
PLPA- 2014 -00028
WHEREAS, the Alameda County Airport Land Use Commission oversees the adoption
and updating of land use compatibility plans for all public -use airports in Alameda County; and
WHEREAS, in 2012, Alameda County completed a multi -year effort to update the 1986
land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, the land use compatibility plan promotes compatibility between the
Livermore Municipal Airport and the surrounding environment which includes properties in the
cities of Dublin, Pleasanton and Livermore, as well as unincorporated Alameda County; and
WHEREAS, pursuant to State law, when a land use compatibility plan is amended or
updated local agencies must review their general plans, applicable specific plans and zoning
ordinances to ensure that they remain consistent with the land use compatibility plan; and
WHEREAS, amendments are proposed to the Dublin Zoning Ordinance to add Chapter
8.35 (Airport Overlay Zoning District) to establish consistency between the Dublin Zoning
Ordinance and the land use compatibility plan for the Livermore Municipal Airport; and
WHEREAS, amendments are also proposed to the Dublin Zoning Map to include the
Airport Influence Area (AIA) boundary, the Airport Protection Area (APA) boundary and Safety
Zone 6; and
WHEREAS, pursuant to State law, the proposed amendments must be reviewed by the
Airport Land Use Commission for a determination of consistency with the updated land use
compatibility plan for the Livermore Municipal Airport prior to being adopted by the local
jurisdiction; and
WHEREAS, on May 21, 2014, the Alameda County Airport Land Use Commission
adopted Resolution 01 -2014 finding the proposed Zoning Ordinance Amendments consistent
with the policies and provisions of the 2012 Airport Land Use Compatibility Plan for the
Livermore Municipal Airport; and
WHEREAS, on July 22, 2014 the Planning Commission adopted Resolution 14 -XX
recommending that the City Council approve the related General Plan amendments and
Resolution 14 -XX recommending that the City Council approved the proposed Zoning
Ordinance amendments, which resolutions are incorporated herein by reference and available
for review at City Hall during normal business hours; and
WHEREAS, on August 19, 2014, the City Council held a properly noticed public hearing
on the proposed General Plan and Zoning Ordinance amendments, at which time all interested
parties had the opportunity to be heard; and
WHEREAS, a Staff Report dated August 19, 2014, and incorporated herein by reference,
described and analyzed the proposed General Plan and Zoning Ordinance amendments. The
Staff Report recommended that the City Council adopt the amendments. Following the public
hearing, the City Council adopted Resolution XX -14 approving the related General Plan
amendments, which resolution is incorporated herein by reference and available for review at
City Hall during normal business hours; and
WHEREAS, the City Council used their independent judgment and considered the Staff
Report and all reports, recommendations, and testimony referenced above prior to approving
the proposed Zoning Ordinance amendments.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this Ordinance.
SECTION 1:
The City Council finds that this Ordinance is consistent with the Dublin General Plan in that the
General Plan, as amended, includes policies that are in the public interest, will promote general
health, safety and welfare and are consistent with the 2012 Airport Land Use Compatibility Plan
for the Livermore Municipal Airport.
SECTION 2:
Compliance with California Environmental Quality Act ( "CEQA "): The City Council declares
this Ordinance exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of the proposed Amendments are exempt
from CEQA because the Amendments do not, in and of itself, allow the construction of any
building or structure, but rather sets forth the regulations that shall be followed if and when a
building or structure is proposed to be constructed or a site is proposed to be developed. The
Amendments, therefore, have no potential for resulting in significant physical change in the
environment, directly or ultimately.
SECTION 3:
The following Chapter shall be added to the Dublin Zoning Ordinance:
CHAPTER 8.35 AIRPORT OVERLAY ZONING DISTRICT
8.35.010 Purpose and Intent.
The purpose and intent of the Airport Overlay Zoning District is to:
A. Implement the Airport Land Use Compatibility Plan (ALUCP) for the Livermore Municipal
Airport in accordance with State Law and as adopted by the Alameda County Airport
Land Use Commission (ALUC).
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B. Implement the City's General Plan policies to ensure that all proposed land uses within
the Airport Influence Area (AIA) are consistent with the compatibility policies of the Airport
Land Use Compatibility Plan (ALUCP) for the Livermore Municipal Airport.
C. Protect land uses around the airport from potential hazards related to airport operations.
D. Identify a range of uses compatible with potential airport accident hazard and airport
noise exposure.
E. Prohibit the development of incompatible uses that are detrimental to the general health,
safety and welfare and to existing and future airport operations.
F. Require noise attenuated construction within the airport environs.
G. Comply with federal aviation administration (FAA) regulations.
8.35.020 Definitions.
For purposes of these regulations, certain words or phrases shall be interpreted as set forth in
this Chapter unless it is apparent from the context that a different meaning is intended. Where
any of the definitions of this Chapter may conflict with the definitions in Chapter 8.08
(Definitions) of the Dublin Zoning Ordinance, the definitions in Chapter 8.35 (Airport Overlay
Zoning District) shall prevail for the purposes of this Chapter.
A. Definitions (A -Z)
Airport Influence Area (AIA). The area in which current or future airport- related noise,
overflight, safety and /or airspace protection factors may significantly affect land uses or
necessitate restrictions on those uses. The Airport Influence Area is designated by the Airport
Land Use Commission (ALUC) as its planning area boundary for the airport and the two terms
can be considered synonymous.
Airport Land Use Commission (ALUC). A commission authorized under the provisions of the
California Public Utilities Code, Sections 21670 et seq. and established, in any county within
which a public -use airport is located, for the purpose of promoting compatibility between airports
and the land uses surrounding them.
Airport Land Use Compatibility Plan (ALUCP). A plan adopted by the Airport Land Use
Commission (ALUC) which sets forth policies for promoting compatibility between airports and
the land uses which surround them. This plan is sometimes referred to as an Airport Land Use
Policy Plan ( ALUPP).
Airport Protection Area (APA). An area within the Airport Influence Area (AIA) established to
prevent the encroachment of incompatible land uses near the vicinity of the Livermore Municipal
Airport.
Existing Land Use. A land use that either physically exists or else for which government
approvals have been obtained through one or more of the following-
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• A valid building permit has been issued;
• A legally valid development agreement has been approved and remains in effect
pursuant to Government Code Section 65864 et seq. which provides that, "A
development agreement shall specify duration of the agreement, the permitted uses of
the property, the density or intensity of use, the maximum height and size of proposed
buildings and provisions for reservation or dedication of land for public purposes. ";
• A tentative parcel or tract map has been approved and the original period, excluding
extensions, has not expired;
• A vesting tentative parcel or tract map has been approved, pursuant to Government
Code Section 66498.1(b) which "confer a vested right to proceed with development
standards in effect at the time the vesting tentative map is approved or conditionally
approved ";
• A parcel or final map has been recorded; or
• A use permit, planned unit development or Planned Development zoning indicating the
permitted uses of the property, the density or intensity of use, the maximum height and
size of proposed buildings and provisions for reservation or dedication of land for public
purposes that has been approved and not yet expired.
Helipad. A small, designated area, usually with a prepared surface, on a heliport, airport,
landing /take -off area, apron /ramp, or movement area used for take -off, landing or parking of
helicopters.
Heliport. A facility used for operating, basing, housing, and maintaining helicopters.
Hospitals. Any facility other than a private physician's office or outpatient clinic, in which care is
offered to individuals who exhibit physical, emotional, or mental disability or illness. Examples
include acute care hospitals, freestanding emergency rooms, nursing homes, board and care
facilities, birthing centers, mental institutions and rehabilitation centers.
Hotels and Motels. Any structure or facility intended or suitable for short -term occupancy by
persons as a temporary dwelling. Examples include hotels, motels, bed and breakfast inns,
youth hostels, pensions, and temporary shelters.
Multifamily Residential (land use). Any project, development or other land use in which
separate families or individuals occupy dwelling units which share a common wall or a common
roof, or occupy a common legal parcel of real estate. Examples include duplexes, triplexes,
quadriplexes, apartment buildings, condominiums, townhouses and residential courts. In
addition, institutional uses such as hospitals, nursing homes, board and care facilities,
correctional institutions and boarding schools, which entail the long -term occupancy of a single
structure by unrelated individuals are considered multifamily residential.
Nonconforming Use. An Existing Land Use that does not conform to an adopted or
subsequently amended airport land use compatibility plan.
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Office Buildings (land use). Any development, regardless of structure size, which includes
significant floor space suitable for use by personnel performing or providing clerical,
professional, or financial services as a primary use. The presence of limited office space for
support of another primary function is not considered an office building under this definition.
Redevelopment. Construction of a new use (though this does not have to be a new land use
type) to replace an Existing Land Use at a density or intensity that may differ from the existing
use.
Single - Family Residential (land use). The use of land for dwellings in such manner that no
more than one primary dwelling unit is developed on each legal parcel and the size of each legal
parcel is less than one acre.
8.35.030 Applicability.
The Airport Overlay Zoning District shall apply to all lands within the Airport Overlay Zone
mapped on the official Zoning Map. The Airport Overlay Zone is coterminous with the Livermore
Municipal Airport, Airport Influence Area (AIA) as identified in Figure 3 -1 and described in
Section 3.1.1 of Chapter 3 of the adopted Livermore Municipal Airport ALUCP (August 2012).
The Airport Overlay Zoning District is a designation in addition to the Planned Development
(PD) Zoning District designation that each property in the Airport Overlay Zoning District retains.
The PD Zoning District ordinance for each property contains all the information regarding
permitted and conditionally permitted uses and development standards and regulations while
the Airport Overlay Zoning District provides a mechanism to review land uses within the District
for consistency with the ALUCP for the Livermore Municipal Airport.
All permitted and conditionally permitted uses set forth in a PD Zoning District that was adopted
and in effect prior to August 2012 shall be deemed Existing Land Uses pursuant to the
Livermore Municipal Airport ALUCP. The Alameda County ALUC has no authority over Existing
Land Uses unless changes to an Existing Land Use results in an increase of non - conformity
with ALUCP policies and the change would increase the intensity or density of the use beyond
what was permitted by the Existing Land Use (Reference: ALUCP Chapter 2, Section
2.7.5.7(b)).
8.35.040 Projects Subject to Compliance with this Chapter.
A. Projects Subject to Review by the Airport Land Use Commission (ALUC). The
following land use actions shall be reviewed by the Airport Land Use Commission (ALUC)
for compliance with the Livermore Municipal Airport ALUCP prior to approval by the City
(Reference: ALUCP, Chapter 2, Section 2.6.1):
1. General Plan or Specific Plan Amendments. General Plan or Specific Plan
Amendments that propose new land uses or increase the intensity or density of
Existing Land Uses within the Airport Influence Area (AIA). Existing Land Uses are
defined in Section 8.35.020.A (Definitions A -Z) of this Chapter.
2. Zoning Ordinance Amendments. Zoning Ordinance Amendments that-
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a. Introduce a new land use (i.e. Use Type) within the AIA not contemplated
by an Existing Land Use; or
b. Increase the intensity or density of, or permitted by, an Existing Land Use
within the AIA; or
C. Involve any of the following airport- related concerns-
1 . Exposure to aircraft noise;
2. Exposure of persons on the ground to accident potential;
3. Creation of obstructions to air navigation; or
4. Creation of hazards to flight such as wildlife hazards, smoke, flare,
lighting, electrical interference and thermal plumes.
3. Redevelopment. Redevelopment of a property that:
a. Replaces an Existing Land Use with a new use; or
b. Increases the intensity or density of, or permitted by, an Existing Land Use
which is consistent with the General Plan and /or Specific Plan but does not
conform to the compatibility criteria set forth in the Livermore Municipal
Airport ALUCP.
4. Airport and Heliport Plans. Any proposal for a new airport, heliport or helipad, for
public or private use, if the facility requires a State Airport Permit and any proposal
to expand an existing airport or heliport that is not included in an approved master
plan for the airport or heliport and such expansion will require an amendment to a
State Airport Permit.
B. Projects Subject to Review by the City. All ministerial actions and all discretionary
actions shall be reviewed by the City for compliance with the Livermore Municipal Airport
ALUCP and this Chapter prior to approval.
1. Ministerial Actions. Projects subject to a ministerial action including, but not
limited to, Business License applications, Building Permit applications, Zoning
Clearance applications and Site Development Review Waivers shall document
compliance with Section 8.35.050 (Development Regulations) of this Chapter prior
to approval.
a. Exceptions to Ministerial Actions. The following ministerial actions shall
be exempt from the requirements of this Chapter:
Business License applications for out of town businesses, home
occupations, change of owner or business name, and daily /itinerant
business licenses.
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ii. Building permit applications for projects subject to a discretionary
action where compliance has already been documented as part of
the discretionary action.
iii. All other Building Permit applications except for Commercial
Alterations.
iv. Zoning Clearance applications for temporary promotional signs.
V. Zoning Clearance applications for permanent signs when limited to
wall signs only.
vi. Temporary Use Permit applications.
vii. Heritage Tree Removal applications.
2. Discretionary Actions. Projects subject to a discretionary action including, but
not limited to General Plan Amendments, Specific Plans and Specific Plan
Amendments, Zoning Ordinance Amendments, Site Development Review Permits,
Tentative Maps, Variances, Conditional Use Permits and Minor Use Permits, shall
document compliance with Section 8.35.050 (Development Regulations) of this
Chapter and all required findings for the applicable discretionary action in addition
to those in Section 8.35.060.0 (Required Findings) of this Chapter shall be made
prior to approval of the project.
3. Referral. If, during the course of review of any ministerial or discretionary action,
the City identifies potential airport related concerns, the Community Development
Director has the authority to require that the project be referred to the Airport Land
Use Commission for review.
8.35.050 Development Regulations.
Projects subject to compliance with this Chapter shall comply with the compatibility policies and
criteria for airport related noise, public safety, airspace protection and aircraft overflight as set
forth in Section 3.3 of the Livermore Municipal Airport ALUCP (August 2012).
A. Airport Related Noise. Noise compatibility standards are intended to prevent the
establishment of noise - sensitive land uses in portions of the airport environ that are
exposed to significant levels of aircraft noise. Where permitted within the Airport Influence
Area (AIA), the following noise - sensitive land uses shall comply with applicable noise
exposure criteria.
1. Interior Noise Levels not to Exceed 45db CNEL. For the following noise -
sensitive land uses, aircraft - related, interior noise levels shall not exceed 45dB
CNEL (with windows closed):
a. Living or sleeping areas of single or multi - family residences;
b. Hotels and motels;
C. Hospitals and nursing homes;
d. Place of Worship, meeting halls, and mortuaries; and
e. Schools, libraries and museums.
2. Interior Noise Levels not to Exceed 50 dB CNEL. For the following noise -
sensitive land uses, aircraft - related, interior noise levels shall not exceed 50dB
CNEL (with windows closed):
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a. Office environments;
b. Eating and drinking establishments; and
C. Other miscellaneous commercial facilities.
B. Public Safety. Land use compatibility standards are intended to minimize the risk to
people and property on the ground as well as to people in an aircraft in the event of an
accident or emergency landing occurring outside the airport boundary.
1. Airport Influence Area (AIA). The following land uses have been determined by
the ALUCP to have a high risk of exposing persons to airport- related safety
hazards and are therefore prohibited within the AIA and the Airport Overlay Zone:
a. Field and stalk crops;
b. Dry farm and grain;
C. Forest reserves; and
d. Fish and game reserves.
The following land uses have been determined by the ALUCP to be "conditional"
within the AIA. "Conditional" means that the uses may be compatible with airport
operations depending on their location, size, bulk, height, density and intensity of
use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal Airport
ALUCP (August 2012) for conditional criteria.
a. Medium to large indoor assembly ( >300 <1,000 people);
b. Waterways (rivers, creeks, swamps, bays, lakes);
C. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water
storage, flood control or water conveyance channels; and
d. Water treatment.
2. Airport Influence Area (AIA), Safety Zone 6. The following land uses have been
determined by the ALUCP to have a high risk of exposing persons to airport -
related safety hazards and are therefore prohibited in those portions of the AIA
and Airport Overlay Zone identified as "Zone 6: Traffic Pattern Zone." Refer to
Figure 35 -1 of this Chapter.
a. Schools (K -12);
b. High capacity indoor assembly ( >1,000 people);
C. Large outdoor assembly ( >1 000 people);
d. Orchards;
e. Power plants; and
f. Golf courses.
The following land uses have been determined by the ALUCP to be "conditional"
within those portions of the AIA identified as "Zone 6: Traffic Pattern Zone." Refer
to Figure 35 -1 of this Chapter. "Conditional" means that the uses may be
compatible with airport operations depending on their location, size, bulk, height,
density and intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore
Municipal Airport ALUCP (August 2012) for conditional criteria.
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a. Commercial daycare ( >6);
b. In- patient facilities (i.e. hospitals, health care facilities, non - ambulatory
medical centers, sanitariums, psychiatric facilities);
C. Congregate care facilities, ambulatory and non - ambulatory (i.e. assisted
living, convalescent, rehabilitation facilities, retirement homes);
d. Correctional facilities;
e. Low capacity indoor assembly ( <300 people); and
f. Vineyards.
3. Airport Influence Area (AIA), Safety Zone 7. The following land uses have been
determined by the ALUCP to be "conditional" within those portions of the AIA
identified as "Zone 7: Area between Zone 6 and the AIA boundary." Refer to
Figure 35 -1 of this Chapter. "Conditional" means that the uses may be compatible
with airport operations depending on their location, size, bulk, height, density and
intensity of use. Refer to Sections 3.3.2.8 and 3.3.2.9 of the Livermore Municipal
Airport ALUCP (August 2012) for conditional criteria.
a. High capacity indoor assembly ( >1,000 people);
b. Medium to large indoor assembly ( >300 <1 000 people);
C. Large outdoor assembly ( >1 000 people);
d. Waterways (rivers, creeks, swamps, bays, lakes);
e. Reservoirs, quarry lakes, detention ponds, aquifer recharge, recycled water
storage, flood control or water conveyance channels;
f. Water treatment;
g. Power plants; and
h. Golf courses.
4. Airport Protection Area (APA). The Airport Protection Area (APA) is an area
within the Airport Influence Area (AIA) that has been established to prevent the
encroachment of incompatible land uses near the Livermore Municipal Airport.
Refer to Figure 35 -1 of this Chapter. The following land uses have been
determined by the ALUCP to have a high risk of exposing persons to airport -
related safety hazards and are therefore prohibited within the APA:
a. Single family residential;
b. Multi- family residential;
C. Hotels and motels; and
d. Long term lodging (i.e. dormitories, etc.).
5. Uses Considered "Conditional ". Uses considered "conditional" may be
compatible with airport operations depending on their location, size, bulk, height,
density and intensity of use. The primary measure of risk exposure, for people on
the ground in the event of an aircraft accident, is the number of people
concentrated in a single area. Applications, whether ministerial or discretionary, to
establish uses considered "conditional" shall be referred to the Alameda County
ALUC for an advisory review. The ALUC will identify any design or locational
strategies that could reduce or avoid harm to those on the ground resulting from a
potential aircraft accident.
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Figure 35 -1 Airport Overlay Zone
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C. Airspace Protection. Airspace protection standards are intended to reduce the risk of
harm to people and property resulting from an aircraft accident by preventing the creation
of land use features that can be hazards to the airspace used by aircraft in flight.
1. Federal Aviation Administration (FAA) Review. The following airspace
protection standards shall apply to all projects regardless of whether they are
proposed within or outside of the Airport Influence Area (AIA).
a. Proponents of a project shall notify the FAA if a proposed structure may
exceed 1 -foot in height for every 100 -feet from the edge of the nearest
runway for a distance up to 20,000 -feet.
b. Proponents of a project shall notify the FAA if a proposed structure is more
than 200 -feet above ground level at its site.
2. Other Flight Hazards. The following specific characteristics shall be avoided
within the Airport Influence Area (AIA):
a. Glare or distracting lights that could be mistaken for airport lights;
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b. Sources of dust, heat, steam, or smoke that may impair pilot vision;
C. Sources of steam or other emissions that may cause thermal plumes or
other forms of unstable air that generate turbulence within the flight path;
d. Sources of electrical interference with aircraft communications or
navigation; and
e. Features that create an increased attraction for wildlife.
D. Aircraft Overflight. Aircraft overflight standards are intended to provide overflight
notification for land uses near the Livermore Municipal Airport. It shall be the
responsibility of all owners of property offered for -sale or for -lease within the Airport
Overlay Zoning District to provide the following disclosure prior to selling or leasing
property in Dublin.
NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known
as an airport influence area. For that reason, the property may be subject to some
of the annoyances or inconveniences associated with proximity to airport
operations (for example: noise, vibration, or odors). Individual sensitivities to those
annoyances can vary from person to person. You may wish to consider what
airport annoyances, if any, are associated with the property before you complete
your purchase or lease and determine whether they are acceptable to you.
All discretionary actions shall include a condition of approval requiring all owners of
property offered for -sale or for -lease within the Airport Overlay Zoning District to provide
the aforementioned disclosure prior to selling or leasing property. For new residential
land uses, the overflight notification shall be recorded and appear with the property deed.
8.35.060 Procedures.
A. Approval. All ministerial and discretionary actions within the Airport Overlay Zoning
District, unless otherwise exempted in Section 8.35.040.B.1.a (Exceptions to Ministerial
Actions), shall be reviewed for consistency with the Livermore Municipal Airport ALUCP
and this Chapter prior to approval.
Projects listed in Section 8.35.040.A (Projects Subject to Review by the Airport Land Use
Commission (ALUC)) shall be referred to the Airport Land Use Commission (ALUC) for a
determination of consistency prior to approval.
Uses listed in Section 8.35.050.13 (Public Safety) as "conditional" shall be referred to the
Airport Land Use Commission (ALUC) for advisory review prior to approval.
B. Overrule Provisions. Should the Alameda County ALUC deem a project inconsistent
with the Livermore Municipal Airport ALUCP, the City Council may, pursuant to Public
Utilities Code Section 21676(b), overrule the ALUC.
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C. Required Findings. Notwithstanding Section 8.35.060.13, when a project within the
Airport Overlay Zoning District is also subject to approval of a discretionary action, the
following additional findings shall all be made prior to approving the project-
1. The project complies with the noise compatibility policies of the Livermore
Municipal Airport ALUCP.
2. The project complies with the safety compatibility policies of the Livermore
Municipal Airport ALUCP.
3. The project complies with the airspace protection policies of the Livermore
Municipal Airport ALUCP.
4. The project complies with the overflight policies of the Livermore Municipal Airport
ALUCP.
SECTION 4:
The Dublin Zoning Map shall be amended to include the Airport Influence Area (AIA) boundary,
the Airport Protection Area (APA) boundary and Safety Zone 6 as shown below-
D U B L I N G 0 N I N G M A 1'
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SECTION 5: Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its
final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at
least three (3) public places in the City of Dublin in accordance with Section 39633 of the
Government Code of California.
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PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of , 20147 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
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Mayor