Agenda packet — American Canyon City Council, April 15, 2025 (part 6 of 6)

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-66 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (7) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. (8) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this paragraph shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this article.
(9) Approval by the local health officer where a private sewage disposal system is being used, if required.
(10) (A) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
(B) Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (C) This subparagraph shall not apply to an accessory dwelling unit that is described in Section 66322.
(11) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced. (12) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (e) Require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.
(f) An accessory dwelling unit ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 1119

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-67 66316
An existing accessory dwelling unit ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this article. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this article, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this article for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 66321
(a) Subject to subdivision (b), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency shall not establish by ordinance any of the following:
(1) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(2) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(A) Eight hundred fifty square feet.
(B) One thousand square feet for an accessory dwelling unit that provides more than one bedroom.
(3) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (4) Any height limitation that does not allow at least the following, as applicable:
(A) A height of 16 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit.
(B) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall also allow an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. 1120

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-68 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (C) A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
(D) A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. This subparagraph shall not require a local agency to allow an accessory dwelling unit to exceed two stories. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 1121

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-69 T7(D1) – CH13(3 EXCERPTS)
Title 7–Planning and Land Use
Division 1–Planning and Zoning
Chapter 13–Accessory Dwelling units
Article 3–Junior Accessory Dwelling Units (excerpts)
66333
Notwithstanding Article 2 (commencing with Section 66314), a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(a) Limit the number of junior accessory dwelling units to one per residential lot zoned for singlefamily residences with a single-family residence built, or proposed to be built, on the lot. (b) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (c) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(1) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(2) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this article.
(d) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this subdivision, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
(e) (1) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence. (2) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. (f) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(1) A cooking facility with appliances.
(2) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 1122

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-70 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 66335
(a) (1) An application for a permit pursuant to this article shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. (2) The permitting agency shall either approve or deny the application to create or serve a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. (3) If the permit application to create or serve a junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create or serve the new single-family dwelling, but the application to create or serve the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.
(4) If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
(b) If a permitting agency denies an application for a junior accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (c) A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this article. (Added by Stats. 2024, Ch. 7, Sec. 20. (SB 477) Effective March 25, 2024.) 1123

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-71

EDUCATION CODE
T1(D1) – P10.5 – CH1(1 EXCERPTS)
Title 1–General Education Code Provisions
Division 1–General Education Code Provisions
Part 10.5–School Facilities
Chapter 1–School Sites
Article 1–General Provisions (excerpts)
17215
(a) In order to promote the safety of pupils, comprehensive community planning, and greater educational usefulness of schoolsites, before acquiring title to or leasing property for a new schoolsite, the governing board of each school district, including any district governed by a city board of education or a charter school, shall give the State Department of Education written notice of the proposed acquisition or lease and shall submit any information required by the State Department of Education if the site is within two miles, measured by air line, of that point on an airport runway or a potential runway included in an airport master plan that is nearest to the site. (b) Upon receipt of the notice required pursuant to subdivision (a), the State Department of Education shall notify the Department of Transportation in writing of the proposed acquisition or lease. If the Department of Transportation is no longer in operation, the State Department of Education shall, in lieu of notifying the Department of Transportation, notify the United States Department of Transportation or any other appropriate agency, in writing, of the proposed acquisition or lease for the purpose of obtaining from the department or other agency any information or assistance that it may desire to give.
(c) The Department of Transportation shall investigate the site and, within 30 working days after receipt of the notice, shall submit to the State Department of Education a written report of its findings including recommendations concerning acquisition or lease of the site. As part of the investigation, the Department of Transportation shall give notice thereof to the owner and operator of the airport who shall be granted the opportunity to comment upon the site. The Department of Transportation shall adopt regulations setting forth the criteria by which a site will be evaluated pursuant to this section.
(d) The State Department of Education shall, within 10 days of receiving the Department of Transportation’s report, forward the report to the governing board of the school district or charter school. The governing board or charter school may not acquire title to or lease the property until the report of the Department of Transportation has been received. If the report does not favor the acquisition or lease of the property for a schoolsite or an addition to a present schoolsite, the governing board or charter school may not acquire title to or lease the property.

If the report does favor the acquisition or lease of the property for a schoolsite or an addition to a present schoolsite, the governing board or charter school shall hold a public hearing on the matter prior to acquiring or leasing the site.
1124

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-72 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (e) If the Department of Transportation’s recommendation does not favor acquisition or lease of the proposed site, state funds or local funds may not be apportioned or expended for the acquisition or lease of that site, construction of any school building on that site, or for the expansion of any existing site to include that site.
(f) This section does not apply to sites acquired prior to January 1, 1966, nor to any additions or extensions to those sites.
(Amended by Stats. 2005, Ch. 229, Sec. 1. Effective January 1, 2006.) 1125

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-73 T3(D7) – P49 – CH1(2 EXCERPTS)
Title 3–Postsecondary Education
Division 7–Community Colleges
Part 49–Community Colleges, Education Facilities
Chapter 1–School Sites
Article 2–School Sites (excerpts)
81033 Investigation: Geologic and Soil Engineering Studies; Airport in Proximity (c) To promote the safety of students, comprehensive community planning, and greater educational usefulness of community college sites, the governing board of each community college district, if the proposed site is within two miles, measured by air line, of that point on an airport runway, or a runway proposed by an airport master plan, which is nearest the site and excluding them if the property is not so located, before acquiring title to property for a new community college site or for an addition to a present site, shall give the board of governors notice in writing of the proposed acquisition and shall submit any information required by the board of governors.

Immediately after receiving notice of the proposed acquisition of property which is within two miles, measured by air line, of that point on an airport runway, or a runway proposed by an airport master plan, which is nearest the site, the board of governors shall notify the Division of Aeronautics of the Department of Transportation, in writing, of the proposed acquisition. The Division of Aeronautics shall make an investigation and report to the board of governors within 30 working days after receipt of the notice. If the Division of Aeronautics is no longer in operation, the board of governors, in lieu of notifying the Division of Aeronautics, shall notify the Federal Aviation Administration or any other appropriate agency, in writing, of the proposed acquisition for the purpose of obtaining from the authority or other agency any information or assistance it may desire to give.

The board of governors shall investigate the proposed site and within 35 working days after receipt of the notice shall submit to the governing board a written report and its recommendations concerning acquisition of the site. The governing board shall not acquire title to the property until the report of the board of governors has been received. If the report does not favor the acquisition of the property for a community college site or an addition to a present community college site, the governing board shall not acquire title to the property until 30 days after the department’s report is received and until the board of governors’ report has been read at a public hearing duly called after 10 days’ notice published once in a newspaper of general circulation within the community college district, or if there is no such newspaper, then in a newspaper of general circulation within the county in which the property is located. 1126

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-74 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (d) If, with respect to a proposed site located within two miles of an operative airport runway, the report of the board of governors submitted to a community college district governing board under subdivision (c) does not favor the acquisition of the site on the sole or partial basis of the unfavorable recommendation of the Division of Aeronautics of the Department of Transportation, no state agency or officer shall grant, apportion, or allow to that community college district for expenditure in connection with that site, any state funds otherwise made available under any state law whatever for community college site acquisition or college building construction, or for expansion of existing sites and buildings, and no funds of the community college district or of the county in which the district lies shall be expended for those purposes; however, this section shall not be applicable to sites acquired prior to January 1, 1966, or to any additions or extensions to those sites.

If the recommendation of the Division of Aeronautics is unfavorable, the recommendation shall not be overruled without the express approval of the board of governors and the State Allocation Board.
(Amended by Stats. 1995, Ch. 758, Sec. 109. Effective January 1, 1996.) 1127

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-75

HEALTH AND SAFETY CODE
D2 – CH3.6(EXCERPTS)
Division 2–Licensing Provisions
Chapter 3.6–Family Day Care Homes (excerpts)
1597.40
(a) It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting. (b) The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.
(Repealed and added by Stats. 2019, Ch. 244, Sec. 6. (SB 234) Effective January 1, 2020.) 1597.41
(a) Every provision in a written instrument relating to real property that purports to restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family daycare home is void, and every restriction in that written instrument as to the use or occupancy of the property as a family daycare home is void. (b) An attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of real property for use or occupancy as a family daycare home is void. A restriction related to the use or occupancy of the property as a family daycare home is void. A property owner or manager shall not refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential use to a person because that person is a family daycare provider. (c) Except as provided in subdivision (d), a restriction, whether by way of covenant, contract, condition upon use or occupancy, or by transfer of title to real property, that restricts directly or indirectly limits the acquisition, use, or occupancy of a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential use as a family daycare home is void.
(d) (1) A prospective family daycare home provider who resides in a rental property shall provide 30 days’ written notice to the landlord or owner of the rental property prior to the commencement of operation of the family daycare home.
1128

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-76 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (2) A family daycare home provider who has relocated an existing licensed family daycare home program to a rental property on or after January 1, 1997, may provide less than 30 days’ written notice when the department approves the operation of the new location of the family daycare home in less than 30 days, or the home is licensed in less than 30 days, so that service to the children served in the former location not be interrupted. (3) A family daycare home provider in operation on rental or leased property as of January 1, 1997, shall notify the landlord or property owner in writing at the time of the annual license fee renewal, or by March 31, 1997, whichever occurs later. (4) Notwithstanding any other law, upon commencement of, or knowledge of, the operation of a family daycare home on an individual’s property, the landlord or property owner may require the family daycare home provider to pay an increased security deposit for operation of the family daycare home. The increase in deposit may be required notwithstanding that a lesser amount is required of tenants who do not operate family daycare homes. The total security deposit charged shall not exceed the maximum allowable under existing law. (5) Section 1596.890 does not apply to this subdivision. (e) During the license application process for a small or large family daycare home, the department shall notify the applicant that the remedies and procedures in Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code relating to fair housing are available to family daycare home providers, family daycare home provider applicants, and individuals who claim that any of the protections provided by this section or Section 1597.40, 1597.42, 1597.43, 1597.45, 1597.455, or 1597.46 have been denied. (f) For the purpose of this section, “restriction” means a restriction imposed orally, in writing, or by conduct and includes prohibition.
(g) This section does not alter the existing rights of landlords and tenants with respect to addressing and resolving issues related to noise, lease violations, nuisances, or conflicts between landlords and tenants.
(Added by Stats. 2019, Ch. 244, Sec. 7. (SB 234) Effective January 1, 2020.) 1597.42
The use of a home as a family daycare home, operated under the standards of state law, in a residentially zoned area shall be considered a residential use of property for the purposes of all local ordinances, regulations, and rules, and shall not fundamentally alter the nature of the underlying residential use.
(Added by Stats. 2019, Ch. 244, Sec. 8. (SB 234) Effective January 1, 2020.) 1597.43
The Legislature finds and declares all of the following:
(a) Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses. Family day care homes draw clients and vehicles to their sites during a limited time of day and do not require the attendance of a large number of employees and equipment.
1129

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-77 (b) The uses of congregate care facilities are distinguishable from the uses of family day care homes operated under the standards of state law. For purposes of this section, a “congregate care facility” means a “residential facility,” as defined in paragraph (1) of subdivision (a) of Section 1502.

Congregate care facilities are used throughout the day and night, and the institutional uses of these facilities are primary uses of the facilities, not accessory uses, and draw a large number of employees, vehicles, and equipment compared to that drawn to family day care homes. (c) The expansion permitted for family day care homes by Sections 1597.44 and 1597.465 is not appropriate with respect to congregate care facilities, or any other facilities with quasi-institutional uses. Therefore, with these provisions, the Legislature does not intend to alter the legal standards governing congregate care facilities and these provisions are not intended to encourage, or be a precedent for, changes in statutory and case law governing congregate care facilities. (Added by Stats. 1996, Ch. 18, Sec. 3.5. Effective January 1, 1997.) 1597.44
A small family day care home may provide care for more than six and up to eight children, without an additional adult attendant, if all of the following conditions are met:
(a) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.
(b) No more than two infants are cared for during any time when more than six children are cared for.
(c) The licensee notifies each parent that the facility is caring for two additional schoolage children and that there may be up to seven or eight children in the home at one time. (d) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
(Amended by Stats. 2003, Ch. 744, Sec. 1. Effective January 1, 2004.) 1597.45
(a) The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.
(b) A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.
(c) Use of a home as a small or large family daycare home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes.
(d) A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (e) The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that 1130

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-78 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home.

This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter.
(f) For purposes of this chapter, “small family daycare home or large family daycare home” includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned. (Amended by Stats. 2019, Ch. 244, Sec. 9. (SB 234) Effective January 1, 2020.) 1597.46
A large family day care home may provide care for more than 12 children and up to and including 14 children, if all of the following conditions are met:
(a) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age.
(b) No more than three infants are cared for during any time when more than 12 children are being cared for.
(c) The licensee notifies a parent that the facility is caring for two additional schoolage children and that there may be up to 13 or 14 children in the home at one time. (d) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented.
(Amended by Stats. 2003, Ch. 744, Sec. 2. Effective January 1, 2004.) 1131

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-79 D31(P2) – CH 8.5
Division 31–Housing and Home Finance
Part 2–Department of Housing and Community Development
Chapter 8.5–Special Housing Program for Migratory Workers 50710.1
(a) If all the development costs of any migrant farm labor center assisted pursuant to this chapter are provided by federal, state, or local grants, and if inadequate funds are available from any federal, state, or local service to write-down operating costs, the department may approve rents for that center that are in excess of rents charged in other centers assisted by the Office of Migrant Services. However, notwithstanding any other provision of law, commencing with the 2006 growing season, the department shall not increase rents for residents of any facility assisted by the Office of Migrant Services to a level that exceeds 30 percent of the average annualized household incomes of residents of the facility without specific legislative authorization. Prior to approving these rents, the department shall consider the adequacy of evidence presented by the entity operating the center that the rents reimburse actual, reasonable, and necessary costs of operation.
(b) At the end of each fiscal year, any entity operating a migrant farm labor center pursuant to this chapter shall establish a capital reserve account comprised of the excess funds provided through the annual operating contract received from the department if the department certifies there is no need to address reasonable general maintenance requirements or repairs, rehabilitation, and replacement needs of the requesting migrant farm labor center which affect the immediate health and safety of residents. The cumulative balance of the reserve account shall not exceed 10 percent of the annual operating funds annually committed to the entity by the department unless authorized by the department, and shall be reported annually to the department. Funds in the reserve account shall be used only for capital improvements such as replacing or repairing structural elements, furniture, fixtures, or equipment of the migrant farm labor center, the replacement or repair of which are reasonably required to preserve the migrant farm labor center.

An entity shall first use the available capital reserve funds for required improvements or repairs before requesting additional funding from the department for that use. Withdrawals from the reserve account shall be made only upon the written approval of the department of the amount and nature of expenditures.
(c) A migrant farm labor center governed by this chapter may be operated for an extended period prior to or beyond the standard 180-day period, as further provided in paragraph (8) below, after approval by the department, provided that all of the following conditions are satisfied:
(1) No additional subsidies provided by the department are used for the operation or administration of the migrant farm center during the extended occupancy period except to the extent that state funds are appropriated or authorized for the purpose of funding all or part of the cost of subsidizing extended occupancy periods. (2) Rents are not to be increased above the rents charged during the standard 180-day occupancy period unless the department finds that an increase is necessary to cover the difference between reasonable operating costs necessary to keep the center open during the extended occupancy period and the amount of state funds available pursuant to paragraph (1) and any contributions from agricultural employers or other federal, local, or private 1132

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-80 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) sources. These contributions shall not be used to reduce the amount of state funds that otherwise would be made available to the center to subsidize rents during an extended occupancy period.
(3) In no event shall the rent during the extended occupancy period exceed the average daily operating cost of the center, less any subsidy funds available pursuant to paragraph (1) or (2). With respect to an extended occupancy beyond the standard 180-day period, households representing at least 25 percent of the units in the center shall have indicated their desire and intention to remain in residency by signing a petition to the local entity to keep the center open for an extended period at rents that are the same or higher than rents during the regular period of occupancy. Each household shall receive a clear bilingual notice describing the extended occupancy options attached to the lease.

The Legislature finds and declares that because the number of residents may be substantially reduced during the extended occupancy period, a rent increase may be necessary to cover operating costs. It is the intent of the Legislature that the public sector, private sector, and farmworkers should each play an important role in ensuring the financial viability of this important source of needed housing.
(4) An extended occupancy period is requested by an entity operating the migrant farm labor center and received by the department no earlier than 30 days and no later than 15 days prior to the center’s scheduled opening or closing date. The department shall notify the entity and petitioning residents of the final decision no later than seven days prior to the center’s scheduled opening or closing date. During the extended occupancy period, occupancy shall be limited to migrant farmworkers and their families who resided or intended to reside at a migrant center during the regular period of occupancy.
(5) Before approving or denying an early opening or an extension and establishing the rents for the extended occupancy period, both of which shall be within the sole discretion of the department, the department shall take into consideration all of the following factors:
(A) The structural and physical condition of the center, including water and sewer pond capacity and the capacity and willingness of the local entity to operate the center during the extended occupancy period.
(B) Whether local approvals are required, and whether there are competing demands for the use of the center’s facilities.
(C) Whether there is adequate documentation that there is a need for residents of the migrant center to continue work in the area, as confirmed by the local entity. (D) The climate during the extended occupancy period.
(E) The amount of subsidy funds available that can be allocated to each center to subsidize rents below the operating costs and the cost of operating each center during the extended occupancy period.
(F) The extended occupancy period is deemed necessary for the health and safety of the migrant farmworkers and their families.
(G) Other relevant factors affecting the migrant farmworkers and their families and the operation of the centers.
1133

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-81 (6) The rents collected during the extended occupancy period shall be remitted to the department. However, based on financial records to the satisfaction of the department, the department may reduce the amount to be remitted by an amount it determines the local entity has expended during the extended occupancy period that is not being reimbursed by department funds.
(7) The occupancy during the extended occupancy period represents a new tenancy and is not subject to existing and statutory and regulatory limitations governing rents. Prior to the beginning of the extended occupancy period, residents shall be provided at least two days’ advance written notice of any rent increase and of the expected length of the extended occupancy period, including the scheduled date of the beginning of the extended occupancy period and closure of the center. Prior to being eligible for residency during the extended occupancy period, residents shall sign rental documents deemed necessary by the department.
(8) Notwithstanding anything to the contrary contained in this section, the standard 180-day occupancy period combined with any extended occupancy periods shall not exceed a cumulative operating period of 275 days in any calendar year. (d) The Legislature finds and declares that variable annual climates and changing agricultural techniques create an inability to accurately predict the end of a harvest season for the purposes of housing migrant farmworkers and their families. Because of these factors, in any part of this state, and in any specific year, one or more migrant farmworker housing centers governed by this chapter need to open early or remain open up to a total of 275 days to allow the residents to provide critical assistance to growers in harvesting crops while also fulfilling work expectations that encouraged them to migrate to the areas of the centers. In addition, if the centers close prematurely or open late, the migrant farmworkers often must remain or reside in the areas to work. During this time they will not be able to obtain decent, safe, and affordable housing and the health and safety of their families and the surrounding community will be threatened.

The Legislature therefore finds and declares that, for the purposes of any public or private right, obligation, or authorization related to the use of property and improvements thereon as a 180- day migrant center, an extended use of any housing center governed by this chapter pursuant to this section is deemed to be the same as the 180-day use generally authorized by this chapter. (e) Because of the presumed income levels of the occupants of migrant farm labor centers, an entity operating a migrant farm labor center shall be deemed eligible for the California Alternative Rates for Energy program established pursuant to Sections 382 and 739.1 of the Public Utilities Code.

Any savings from a reduction in energy rates shall be passed on to the occupants of the migrant farm labor center.
(Amended by Stats. 2018, Ch. 999, Sec. 1. (AB 2887) Effective January 1, 2019.) 1134

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-82 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

CALIFORNIA ENVIRONMENTAL QUALITY ACT STATUTES

PUBLIC RESOURCES CODE
D13 – CH2.6(EXCERPTS)
Division 13–Environmental Quality
Chapter 2.6–General (excerpts)
21096 Airport Planning
(a) If a lead agency prepares an environmental impact report for a project situated within airport land use compatibility plan boundaries, or, if an airport land use compatibility plan has not been adopted, for a project within two nautical miles of a public airport or public use airport, the Airport Land Use Planning Handbook published by the Division of Aeronautics of the Department of Transportation, in compliance with Section 21674.5 of the Public Utilities Code and other documents, shall be utilized as technical resources to assist in the preparation of the environmental impact report as the report relates to airport-related safety hazards and noise problems.
(b) A lead agency shall not adopt a negative declaration for a project described in subdivision (a) unless the lead agency considers whether the project will result in a safety hazard or noise problem for persons using the airport or for persons residing or working in the project area. (Amended by Stats. 2002, Ch. 438, Sec. 8.5. Effective January 1, 2003.) 1135

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-83

BUSINESS AND PROFESSIONS CODE
D4(P2) – CH1(2 EXCERPTS)
Division 4–Real Estate
Part 2–Regulation of Transactions
Chapter 1–Subdivided Lands
Article 2–Investigation, Regulation and Report (excerpts) 11010
(a) Except as otherwise provided pursuant to subdivision (c) or elsewhere in this chapter, any person who intends to offer subdivided lands within this state for sale or lease shall file with the Department of Real Estate an application for a public report consisting of a notice of intention and a completed questionnaire on a form prepared by the department. (b) The notice of intention shall contain the following information about the subdivided lands and the proposed offering:
[Sub-Sections (1) through (12) omitted]
(13) (A) The location of all existing airports, and of all proposed airports shown on the general plan of any city or county, located within two statute miles of the subdivision. If the property is located within an airport influence area, the following statement shall be included in the notice of intention:

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 and determine whether they are acceptable to you.
(B) For purposes of this section, an “airport influence area,” also known as an “airport referral area,” is the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission. 1136

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-84 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

CIVIL CODE
D2(P4) – T4 – CH2(1.7 EXCERPTS)
Division 2–Property
Part 4–Acquisition of Property
Title 4–Transfer
Chapter 2–Transfer of Real Property
Article 1.7–Disclosure of Natural Hazards Upon Transfer of Residential Property (excerpts) 1103
(a) For purpose of this article, the definitions in Chapter 1 (commencing with Section 10000) of Part 1 of Division 4 of the Business and Professions Code shall apply. (b) Except as provided in Section 1103.1, this article applies to a sale, exchange, real property sales contract, as defined in Section 2985, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential real property.
(c) This article shall apply to the transactions described in subdivision (b) only if the seller or his or her agent is required by one or more of the following to disclose the property’s location within a hazard zone:
(1) A seller’s agent for a seller of real property that is located within a special flood hazard area (any type Zone “A” or “V”) designated by the Federal Emergency Management Agency, or the seller if the seller is acting without a seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a special flood hazard area if either:
(A) The seller, or the seller’s agent, has actual knowledge that the property is within a special flood hazard area.
(B) The local jurisdiction has compiled a list, by parcel, of properties that are within the special flood hazard area and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list.
(2) A seller’s agent for a seller of real property that is located within an area of potential flooding designated pursuant to Section 6161 of the Water Code, or the seller if the seller is acting without a seller’s agent, shall disclose to any prospective buyer the fact that the property is located within an area of potential flooding if either:
(A)The seller, or the seller’s agent, has actual knowledge that the property is within an inundation area.
(B)The local jurisdiction has compiled a list, by parcel, of properties that are within the inundation area and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the parcel list.
1137

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-85 (3) A seller of real property that is located within a very high fire hazard severity zone, designated pursuant to Section 51178 of the Government Code, or the seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a very high fire hazard severity zone and is subject to the requirements of Section 51182 of the Government Code if either:
(A)The seller or the seller’s agent, has actual knowledge that the property is within a very high fire hazard severity zone.
(B)A map that includes the property has been provided to the local agency pursuant to Section 51178 of the Government Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the local agency.
(4) A seller’s agent for a seller of real property that is located within an earthquake fault zone, designated pursuant to Section 2622 of the Public Resources Code , or the seller, if the seller is acting without an agent, shall disclose to any prospective buyer the fact that the property is located within a delineated earthquake fault zone if either:
(A)The seller, or the seller’s agent, has actual knowledge that the property is within a delineated earthquake fault zone.
(B)A map that includes the property has been provided to the city or county pursuant to Section 2622 of the Public Resources Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county.
(5) A seller’s agent for a seller of real property that is located within a seismic hazard zone, designated pursuant to Section 2696 of the Public Resources Code, or the seller if the seller is acting without an agent, shall disclose to any prospective buyer the fact that the property is located within a seismic hazard zone if either:
(A) The seller, or the seller’s agent, has actual knowledge that the property is within a seismic hazard zone.
(B) A map that includes the property has been provided to the city or county pursuant to Section 2696 of the Public Resources Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county.
(6) A seller of real property that is located within a state responsibility area determined by the board, pursuant to Section 4125 of the Public Resources Code, or the seller’s agent, shall disclose to any prospective buyer the fact that the property is located within a wildland area that may contain substantial forest fire risks and hazards and is subject to the requirements of Section 4291 of the Public Resources Code if either:
(A)The seller, or the seller’s agent, has actual knowledge that the property is within a wildland fire zone.
1138

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-86 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (B)A map that includes the property has been provided to the city or county pursuant to Section 4125 of the Public Resources Code and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county.
(d) Any waiver of the requirements of this article is void as against public policy. (Amended by Stats. 2018, Ch. 907, Sec. 20. (AB 1289) Effective January 1, 2019.) 1103.1
(a) This article does not apply to the following sales:
(1) Sales or transfers pursuant to court order, including, but not limited to, sales ordered by a probate court in administration of an estate, sales pursuant to a writ of execution, sales by any foreclosure sale, sales by a trustee in bankruptcy, sales by eminent domain, and sales resulting from a decree for specific performance.
(2) Sales or transfers to a mortgagee by a mortgagor or successor in interest who is in default, sales to a beneficiary of a deed of trust by a trustor or successor in interest who is in default, transfers by any foreclosure sale after default, any foreclosure sale after default in an obligation secured by a mortgage, sale under a power of sale or any foreclosure sale under a decree of foreclosure after default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, or sales by a mortgagee or a beneficiary under a deed of trust who has acquired the real property at a sale conducted pursuant to a power of sale under a mortgage or deed of trust or a sale pursuant to a decree of foreclosure or has acquired the real property by a deed in lieu of foreclosure. (3) Sales or transfers by a fiduciary in the course of the administration of a trust, guardianship, conservatorship, or decedent’s estate. This exemption shall not apply to a sale if the trustee is a natural person who is a trustee of a revocable trust and the seller is a former owner of the property or an occupant in possession of the property within the preceding year. (4) Sales or transfers from one coowner to one or more other coowners. (5) Sales or transfers made to a spouse, or to a person or persons in the line of consanguinity of one or more of the sellers.
(6) Sales or transfers between spouses resulting from a judgment of dissolution of marriage or of legal separation of the parties or from a property settlement agreement incidental to that judgment.
(7) Sales or transfers by the Controller in the course of administering Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the Code of Civil Procedure. (8) Sales or transfers under Chapter 7 (commencing with Section 3691) or Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of the Revenue and Taxation Code. (9) Sales, transfers, or exchanges to or from any governmental entity. (10) The sale, creation, or transfer of any lease of any duration except a lease with an option to purchase or a ground lease coupled with improvements.
1139

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-87 (b) Sales and transfers not subject to this article may be subject to other disclosure requirements, including those under Sections 8589.3, 8589.4, and 51183.5 of the Government Code and Sections 2621.9, 2694, and 4136 of the Public Resources Code. In sales not subject to this article, agents may make required disclosures in a separate writing. (c) Notwithstanding the definition of sale in Section 10018.5 of the Business and Professions Code and Section 2079.13, the terms “sale” and “transfer,” as they are used in this section, shall have their commonly understood meanings. The changes made to this section by Assembly Bill 1289 of the 2017–18 Legislative Session shall not be interpreted to change the application of the law as it read prior to January 1, 2019.
(Amended by Stats. 2020, Ch. 370, Sec. 27. (SB 1371) Effective January 1, 2021.) 1103.2
(a) The disclosures required by this article are set forth in, and shall be made on a copy of, the following Natural Hazard Disclosure Statement: [content omitted]. (b) If an earthquake fault zone, seismic hazard zone, very high fire hazard severity zone, or wildland fire area map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a natural hazard area, the seller or seller’s agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The seller’s agent may mark “No” on the Natural Hazard Disclosure Statement if the seller attaches a report prepared pursuant to subdivision (c) of Section 1103.4 that verifies the property is not in the hazard zone. This subdivision is not intended to limit or abridge any existing duty of the seller or the seller’s agents to exercise reasonable care in making a determination under this subdivision. [Sub-Sections (c) through (h) omitted]
[Section 1103.3 omitted]
1103.4
(a) Neither the seller nor any seller’s agent or buyer’s agent shall be liable for any error, inaccuracy, or omission of any information delivered pursuant to this article if the error, inaccuracy, or omission was not within the personal knowledge of the seller or seller’s agent or buyer’s agent, and was based on information timely provided by public agencies or by other persons providing information as specified in subdivision (c) that is required to be disclosed pursuant to this article, and ordinary care was exercised in obtaining and transmitting the information. (b) The delivery of any information required to be disclosed by this article to a prospective buyer by a public agency or other person providing information required to be disclosed pursuant to this article shall be deemed to comply with the requirements of this article and shall relieve the seller, seller’s agent, and buyer’s agent of any further duty under this article with respect to that item of information.
(c) The delivery of a report or opinion prepared by a licensed engineer, land surveyor, geologist, or expert in natural hazard discovery dealing with matters within the scope of the professional’s license or expertise, shall be sufficient compliance for application of the exemption provided by subdivision (a) if the information is provided to the prospective buyer pursuant to a request therefor, whether written or oral. In responding to that request, an expert may indicate, in writing, an understanding that the information provided will be used in fulfilling the requirements of 1140

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-88 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Section 1103.2 and, if so, shall indicate the required disclosures, or parts thereof, to which the information being furnished is applicable. Where such a statement is furnished, the expert shall not be responsible for any items of information, or parts thereof, other than those expressly set forth in the statement.
(1) In responding to the request, the expert shall determine whether the property is within an airport influence area as defined in subdivision (b) of Section 11010 of the Business and Professions Code. If the property is within an airport influence area, the report shall contain the following statement:

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-89 D2(P4) – T6 – CH2(1 EXCERPTS)
Division 2–Property
Part 4–Acquisition of Property
Title 6–Common Interest Developments
Chapter 2–County Documents
Article 1–Creation (excerpts)
1353
(a) (1) A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a community apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name of the association and the restrictions on the use or enjoyment of any portion of the common interest development that are intended to be enforceable equitable servitudes. If the property is located within an airport influence area, a declaration, recorded after January 1, 2004, shall contain the following statement:

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 and determine whether they are acceptable to you.
(2) For purposes of this section, an “airport influence area,” also known as an “airport referral area,” is the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission.
(3) [Omitted]
(4) The statement in a declaration acknowledging that a property is located in an airport influence area does not constitute a title defect, lien, or encumbrance. (b) The declaration may contain any other matters the original signator of the declaration or the owners consider appropriate.
1142

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-90 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

NAPA COUNTY CODE OF ORDINANCES
T18 – CH18.104
Title 18–Zoning
Chapter 18.104–Additional Zoning District Regulations

18.104.300 Farmworker housing.

Subject to the provisions of Section 18.104.295 where applicable, the following provisions shall apply to farmworker housing:

A. Except as provided in subsection (D) of Section 18.104.010 and Section 18.104.305, the minimum parcel size for a use permit approved for farmworker housing, as defined by Section

18.08.294 of this code, shall be as follows:

1. Any farmworker housing unit on a permanent foundation that is not part of a farmworker center, or any farmworker center containing permanent structures must be located on a parcel or parcels containing at least forty acres.

2. Seasonal farmworker housing (i.e., occupied no more than one hundred twenty days in any calendar year) must be located on a parcel of at least twenty acres, provided that utilities are disconnected or such housing is removed from the site during the remainder of the year.

B. An unmet need (for the income level and household size) must be demonstrated for housing one full-time qualified farmworker occupant per unit, permanently or seasonally, for the life of the unit. If agricultural employment need is demonstrated for at least one hundred eighty days in each of three successive calendar years, the unit shall be considered "permanent" or "full time" for the life of the unit.

C. Farmworker housing shall be occupied solely by qualified farmworker occupants as defined by Section 18.08.294 of this code.

D. Units must be located on the site of a qualifying agricultural employment; or on other lands owned or controlled by the agricultural employer; or if a public agency owns or manages the housing (under a long-term management agreement), within fifteen miles of an adequate amount of agricultural employment to provide full time agricultural employment for one qualified farmworker occupant per unit of farmworker housing.

E. Farmworker housing may not exceed one thousand two hundred square feet per unit in size.

F. A congregate farmworker lodging facility shall be deemed to contain one unit for each five beds, rounding up to the next whole unit.

G. Rent, if any, including utility costs, does not exceed a level affordable to a household of the median income for Napa County.

H. No more than ten farmworker housing units outside of a permitted farmworker center shall be located on any single parcel.

I. A minimum of two parking spaces shall be provided per farmworker housing unit outside of farmworker centers, screened from all on- and off-site residences and public streets. Parking areas 1143

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-91 for temporary or seasonal units shall be surfaced with a pervious surface acceptable to the director of planning, building and environmental services.

J. A deed restriction is required for all units of permanent farmworker housing constructed on agriculturally zoned parcels. Any division of the land on which the farmworker housing lies, or reduction through any means of the land below the minimum size established in subsection (A) of this section will be subject to review and removal of the unit(s) to ensure conformance with the applicable zoning classification.

K. Farmworker housing is subject to removal if the agricultural employment upon which need for the unit(s) is based is eliminated. This section shall not apply if a showing is made that elimination of the agricultural use for no more than twenty-four months is related to the long-term functioning of agriculture on the site(s) used to establish the housing need (e.g., crop rotation, replanting, disease or the like).

L. The owner on which the farmworker housing is located shall certify, on a continuing annual basis, the full name, location(s) of employment, and duration of tenancy of all qualified farmworker occupants pursuant to Section 18.08.294 of this code.

M. A farmworker housing unit that ceases to be occupied in compliance with this code shall not be converted to another use or occupancy until each public housing authority operating within fifteen miles of the site has been notified of the intent to convert at least sixty days prior to the conversion and has had the opportunity to meet and confer with the property owner. A public housing authority, or another housing provider designated by the authority, may continue to operate the farmworker housing unit(s) for occupancy by persons employed in agriculture within fifteen miles of the housing site, upon submittal to the department of an occupancy agreement executed by the authority, its agent if any, and the owner. However, if such an agreement is not reached, the use shall be subject to review for revocation or modification pursuant to subsection (K) above to the extent it is occupied by persons who are not qualified farmworkers as defined by Section 18.08.294.
(Ord. 1246 § 13, 2004: Ord. 1195 § 4, 2002: Ord. 1191 § 1, 2002: Ord. 1104 § 32, 1996: Ord. 1099 § 2, 1996: Ord. 1040 § 7, 1993: prior code § 12426)*
(Ord. No. 1323, § 24, 6-23-2009; Ord. No. 1379, § 164, 1-29-2013) * Editor's Note: Ord. 1099 contained two sections numbered 2. 1144

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-92 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

CALIFORNIA ENERGY COMMISSION
T24(P6)
Title 24, Part 6; 2022 Building Energy Efficiency Standards Section 110.10 Mandatory Requirements for Solar Readiness (a) Covered occupancies.

1. Single-family residences. Single-family residences located in subdivisions with ten or more single-family residences and where the application for a tentative subdivision map for the residences has been deemed complete or approved by the enforcement agency, which do not have a photovoltaic system installed, shall comply with the requirements of Sections 110.10(b) through 110.10(e)

2. Low-rise multifamily buildings. Low-rise multifamily buildings that do not have a photovoltaic system installed shall comply with the requirements of Sections 110.10(b) through 110.10(d).

3. Hotel/motel occupancies and high-rise multifamily buildings. Hotel/motel occupancies and high-rise multifamily buildings with ten habitable stories or fewer, that do not have a photovoltaic system installed, shall comply with the requirements of Sections 110.10(b) through 110.10(d)

4. Nonresidential buildings. Nonresidential buildings with three habitable stories or fewer, other than I-2 and I-2.1 buildings, that do not have a photovoltaic system installed, shall comply with the requirements of Sections 110.10(b) through 110.10(d). (b) Solar zone.

1. Minimum solar zone area. The solar zone shall have a minimum total area as described below. The solar zone shall comply with access, pathway, smoke ventilation, and spacing requirements as specified in Title 24, Part 9 or other Parts of Title 24 or in any requirements adopted by a local jurisdiction. The solar zone total area shall be comprised of areas that have no dimension less than five feet and are no less than 80 square feet each for buildings with roof areas less than or equal to 10,000 square feet or no less than 160 square feet each for buildings with roof areas greater than 10,000 square feet.

A. Single-family residences. The solar zone shall be located on the roof or overhang of the building and have a total area no less than 250 square feet.

Exception 1 to Section 110.10(b)1A: Single-family residences with a permanently installed domestic solar water-heating system meeting the installation criteria specified in the Reference Residential Appendix RA4 and with a minimum solar savings fraction of 0.50.

Exception 2 to Section 110.10(b)1A: Single-family residences with three habitable stories or more and with a total floor area less than or equal to 2000 square feet and having a solar zone total area no less than 150 square feet. 1145

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-93 Exception 3 to Section 110.10(b)1A: Single-family residences located in the Wildland-Urban Interface Fire Area as defined in Title 24, Part 2 and having a whole house fan and having a solar zone total area no less than 150 square feet.

Exception 4 to Section 110.10(b)1A: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential solar zone area is the total area of any lowsloped roofs where the annual solar access is 70 percent or greater and any steep-sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater.

Solar access is the ratio of solar insolation including shade to the solar insolation without shade. Shading from obstructions located on the roof or any other part of the building shall not be included in the determination of annual solar access.

Exception 5 to Section 110.10(b)1A: Single-family residences having a solar zone total area no less than 150 square feet and where all thermostats are demand responsive controls and comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency.

Exception 6 to Section 110.10(b)1A: Single-family residences meeting the following conditions:

A. All thermostats are demand responsive controls that comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency.

B. Comply with one of the following measures:
i. Install a dishwasher that meets or exceeds the ENERGY STAR® Program requirements with a refrigerator that meets or exceeds the ENERGY STAR Program requirements, a whole house fan driven by an electronically commutated motor, or an SAE J1772 Level 2 Electric Vehicle Supply Equipment (EVSE or EV charger) with a minimum of 40 amperes; or
ii. Install a home automation system capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or
iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or
iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area.

B. Multifamily buildings, hotel/motel occupancies and nonresidential buildings. The solar zone shall be located on the roof or overhang of the building or on the roof or overhang of another structure located within 250 feet of the building or on covered parking installed with the building project, and shall have a total area no less than 15 1146

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-94 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) percent of the total roof area of the building excluding any skylight area. The solar zone requirement is applicable to the entire building, including mixed occupancy.

Exception 1 to Section 110.10(b)1B: High-rise multifamily buildings, hotel/motel occupancies, and nonresidential buildings with a permanently installed solar electric system having a nameplate DC power rating, measured under Standard Test Conditions, of no less than one watt per square foot of roof area.

Exception 2 to Section 110.10(b)1B: High-rise multifamily buildings, hotel/motel occupancies with a permanently installed domestic solar waterheating system complying with Section 150.1(c)8Biii.

Exception 3 to Section 110.10(b)1B: Buildings with a designated solar zone area that is no less than 50 percent of the potential solar zone area. The potential solar zone area is the total area of any lowsloped roofs where the annual solar access is 70 percent or greater and any steep-sloped roofs oriented between 90 degrees and 300 degrees of true north where the annual solar access is 70 percent or greater.

Exception 4 to Section 110.10(b)1B: Low-rise and high-rise multifamily buildings with all thermostats in each dwelling unit are demand response controls that comply with Section 110.12(a), and are capable of receiving and responding to Demand Response Signals prior to granting of an occupancy permit by the enforcing agency. In addition, either A or B below:

A. In each dwelling unit, comply with one of the following measures:
i. Install a dishwasher that meets or exceeds the ENERGY STAR Program requirements with either a refrigerator that meets or exceeds the ENERGY STAR Program requirements or a whole house fan driven by an electronically commutated motor; or
ii. Install a home automation system that complies with Section 110.12(a) and is capable of, at a minimum, controlling the appliances and lighting of the dwelling and responding to demand response signals; or
iii. Install alternative plumbing piping to permit the discharge from the clothes washer and all showers and bathtubs to be used for an irrigation system in compliance with the California Plumbing Code and any applicable local ordinances; or
iv. Install a rainwater catchment system designed to comply with the California Plumbing Code and any applicable local ordinances, and that uses rainwater flowing from at least 65 percent of the available roof area.

B. Meet the Title 24, Part 11, Section A4.106.8.2 requirements for electric vehicle charging spaces.
1147

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-95 Exception 5 to Section 110.10(b)1B: Buildings where the roof is designed and approved to be used for vehicular traffic or parking or for a heliport.

2. Azimuth range. All sections of the solar zone located on steep-sloped roofs shall have an azimuth range between 90 degrees and 300 degrees of true north.

3. Shading.

A. No obstructions, including but not limited to, vents, chimneys, architectural features and roof mounted equipment, shall be located in the solar zone.

B. Any obstruction, located on the roof or any other part of the building that projects above a solar zone shall be located at least twice the distance, measured in the horizontal plane, of the height difference between the highest point of the obstruction and the horizontal projection of the nearest point of the solar zone, measured in the vertical plane.

Exception to Section 110.10(b)3: Any roof obstruction, located on the roof or any other part of the building, that is oriented north of all points on the solar zone.

4. Structural design loads on construction documents. For areas of the roof designated as solar zone, the structural design loads for roof dead load and roof live load shall be clearly indicated on the construction documents.

Note: Section 110.10(b)4 does not require the inclusion of any collateral loads for future solar energy systems.
(c) Interconnection pathways.

1. The construction documents shall indicate a location reserved for inverters and metering equipment and a pathway reserved for routing of conduit from the solar zone to the point of interconnection with the electrical service.

2. For single-family residences and central water-heating systems, the construction documents shall indicate a pathway for routing of plumbing from the solar zone to the water-heating system.
(d) Documentation. A copy of the construction documents or a comparable document indicating the information from Sections 110.10(b) through 110.10(c) shall be provided to the occupant. (e) Main electrical service panel. 1. The main electrical service panel shall have a minimum busbar rating of 200 amps. 2. The main electrical service panel shall have a reserved space to allow for the installation of a double pole circuit breaker for a future solar electric installation. The reserved space shall be permanently marked as “For Future Solar Electric”.

Note: Authority: Sections 25213, 25218, 25218.5, 25402, 25402.1, and 25605, Public Resources Code. Reference: Sections 25007, 25008, 25218.5, 25310, 25402, 25402.1, 25402.4, 25402.8, 25605, and 25943, Public Resources Code. 1148

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-96 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

LEGISLATIVE HISTORY SUMMARY

PUBLIC UTILITIES CODE
SECTIONS 21670 ET SEQ.

Airport Land Use Commission Statutes
And Related Statutes
1967 Original ALUC statute enacted.

Establishment of ALUCs required in each county containing a public airport served by a certificated air carrier.

The purpose of ALUCs is indicated as being to make recommendations regarding height restrictions on buildings and the use of land surrounding airports. 1970 Assembly Bill 1856 (Badham) Chapter 1182, Statutes of 1970—Adds provisions which:

Require ALUCs to prepare comprehensive land use plans.

Require such plans to include a long-range plan and to reflect the airport’s forecast growth during the next 20 years.

Require ALUC review of airport construction plans (Section 21661.5).

Exempt Los Angeles County from the requirement of establishing an ALUC. 1971 The function of ALUCs is restated as being to require new construction to conform to Department of Aeronautics standards.
1973 ALUCs are permitted to establish compatibility plans for military airports. 1982 Assembly Bill 2920 (Rogers) Chapter 1041, Statutes of 1982—Adds major changes which:

More clearly articulate the purpose of ALUCs.

Eliminate reference to “achieve by zoning.”
Require consistency between local general and specific plans and airport land use commission plans; the requirements define the process for attaining consistency, they do not establish standards for consistency.

Eliminate the requirement for proposed individual development projects to be referred to an ALUC for review once local general/specific plans are consistent with the ALUC’s plan.

Require that local agencies make findings of fact before overriding an ALUC decision.

Change the vote required for an override from 4/5 to 2/3. 1984 Assembly Bill 3551 (Mountjoy) Chapter 1117, Statutes of 1984—Amends the law to:

Require ALUCs in all counties having an airport which serves the general public unless a county and its cities determine an ALUC is not needed.

Limit amendments to compatibility plans to once per year.

Allow individual projects to continue to be referred to the ALUC by agreement. 1149

STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-97 Extend immunity to airports if an ALUC action is overridden by a local agency not owning the airport.

Provide state funding eligibility for preparation of compatibility plans through the Regional Transportation Improvement Program process.
1987 Senate Bill 633 (Rogers) Chapter 1018, Statutes of 1987—Makes revisions which:

Require that a designated body serving as an ALUC include two members having “expertise in aviation.”
Allows an interested party to initiate court proceedings to postpone the effective date of a local land use action if a compatibility plan has not been adopted.

Delete sunset provisions contained in certain clauses of the law. Allows reimbursement for ALUC costs in accordance with the Commission on State Mandates. 1989 Senate Bill 255 (Bergeson) Chapter 54, Statutes of 1989— Sets a requirement that comprehensive land use plans be completed by June 1991.

Establishes a method for compelling ALUCs to act on matters submitted for review.

Allows ALUCs to charge fees for review of projects.

Suspends any lawsuits that would stop development until the ALUC adopts its plan or until June 1, 1991.
1989 Senate Bill 235 (Alquist) Chapter 788, Statutes of 1989—Appropriates $3,672,000 for the payment of claims to counties seeking reimbursement of costs incurred during fiscal years 1985-86 through 1989-90 pursuant to state-mandated requirement (Chapter 1117, Statutes of 1984) for creation of ALUCs in most counties. This statute was repealed in 1993. 1990 Assembly Bill 4164 (Mountjoy) Chapter 1008, Statutes of 1990—Adds section 21674.5 requiring the Division of Aeronautics to develop and implement a training program for ALUC staffs.
1990 Assembly Bill 4265 (Clute) Chapter 563, Statutes of 1990—With the concurrence of the Division of Aeronautics, allows ALUCs to use an airport layout plan, rather than a longrange airport master plan, as the basis for preparation of a compatibility plan. 1990 Senate Bill 1288 (Beverly) Chapter 54, Statutes of 1990—Amends Section 21670.2 to give Los Angeles County additional time to prepare compatibility plans and meet other provisions of the ALUC statutes.
1991 Senate Bill 532 (Bergeson) Chapter 140, Statutes of 1991— Allows counties having half of their compatibility plans completed or under preparation by June 30, 1991, an additional year to complete the remainder.

Allows ALUCs to continue to charge fees under these circumstances.

Fees may be charged only until June 30, 1992, if plans are not completed by then. 1993 Senate Bill 443 (Committee on Budget and Fiscal Review) Chapter 59, Statutes of 1993— Amends Section 21670(b) to make the formation of ALUCs permissive rather than mandatory as of June 30, 1993. (Note: Section 21670.2 which assigns responsibility for coordinating the airport planning of public agencies in Los Angeles County is not affected by this amendment.)
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APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-98 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1994 Assembly Bill 2831 (Mountjoy) Chapter 644, Statutes of 1994 —Reinstates the language in Section 21670(b) mandating establishment of ALUCs, but also provides for an alternative airport land use planning process. Lists specific actions which a county and affected cities must take in order for such alternative process to receive Caltrans approval. Requires that ALUCs be guided by information in the Caltrans Airport Land Use Planning Handbook when formulating airport land use plans.
1994 Senate Bill 1453 (Rogers) Chapter 438, Statutes of 1994—Amends California Environmental Quality Act (CEQA) statutes as applied to preparation of environmental documents affecting projects in the vicinity of airports. Requires lead agencies to use the Airport Land Use Planning Handbook as a technical resource when assessing the airport-related noise and safety impacts of such projects.
1997 Assembly Bill 1130 (Oller) Chapter 81, Statutes of 1997—Added Section 21670.4 concerning airports whose planning boundary straddles a county line. 2000 Senate Bill 1350 (Rainey) Chapter 506, Statutes of 2000—Added Section 21670(f) clarifying that special districts are among the local agencies to which airport land use planning laws are intended to apply.
2001 Assembly Bill 93 (Wayne) Chapter 946, Statutes of 2001—Added Section 21670.3 regarding San Diego County Regional Airport Authority’s responsibility for airport planning within San Diego County.
2002 Assembly Bill 3026 (Committee on Transportation) Chapter 438, Statutes of 2002—Changes the term “comprehensive land use plan” to “airport land use compatibility plan.” 2002 Assembly Bill 2776 (Simitian) Chapter 496, Statutes of 2002—Requires information regarding the location of a property within an airport influence area be disclosed as part of certain real estate transactions effective January 1, 2004. 2002 Senate Bill 1468 (Knight) Chapter 971, Statutes of 2002—Changes ALUC preparation of airport land use compatibility plans for military airports from optional to required. Requires that the plans be consistent with the safety and noise standards in the Air Installation Compatible Use Zone for that airport. Requires that the general plan and any specific plans be consistent with these standards where there is military airport, but an airport land use commission does not exist.
2003 Assembly Bill 332 (Mullin) Chapter 351, Statutes of 2003—Clarifies that school districts and community college districts are subject to compatibility plans. Requires local public agencies to notify ALUC and Division of Aeronautics at least 45 days prior to deciding to overrule the ALUC.

Adds that prior to granting building construction permits, local agencies shall be guided by the criteria established in the Airport Land Use Planning Handbook and any related federal aviation regulations to the extent that the criteria has been incorporated into their airport land use compatibility plan.
2004 Senate Bill 1223 (Committee on Transportation) Chapter 615, Statutes of 2004—Technical revisions eliminating most remaining references to the term “comprehensive land use plan” and replacing it with “airport land use compatibility plan.” Also replaces the terms “planning area” and “study area” with “airport influence area.”
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-99 2005 Assembly Bill 1358 (Mullin) Chapter 29, Statutes of 2005—Requires a school district to notify the Department of Transportation before leasing property for a new school site. Also makes these provisions applicable to charter schools.
2007 Senate Bill 10 (Kehoe) Chapter 287, Statutes of 2007—The San Diego County Regional Airport Authority Reform Act of 2007. Restructures the airport authority established in 2001 by AB 93 (Wayne), with a set of goals related to governance, accountability, planning and operations at San Diego International Airport.
2009 Assembly Bill 45 (Blakeslee) Chapter 404, Statutes of 2009—Requires small wind energy systems installed near airports to comply with all applicable Federal Aviation Administration requirements, including Subpart B of Part 77. These systems are not allowed to locate in vicinity of an airport if they are prohibited by a comprehensive land use plan or any implementing regulations adopted by an Airport Land Use Commission. 2010 Senate Bill 1333 (Yee) Chapter 329, Statutes of 2010—If a local government requires dedication of an avigation easement to the owner or operator of the airport as a condition of approval of a noise-sensitive project, the avigation easement must be granted prior to the issuance of the building permit. Also requires that a termination clause be included in the avigation easement if the project is not built or the permit has expired or been revoked. 2012 Assembly Bill 805 (Torres) Chapter 180, Statutes of 2012—Recodifies the Common Interest Development Act which requires a recorded disclosure statement if a common interest development is located within an airport influence area. 2012 Assembly Bill 1486 (Lara) Chapter 690, Statutes of 2012—Exempts from CEQA the design, construction and maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System (LA-RICS). However, any new antenna would be required to comply with applicable state and federal height restrictions and any height limits established by an applicable airport land use compatibility plan. 2013 Assembly Bill 1058 (Chàvez) Chapter 83, Statutes of 2013—Modifies the process by which directors are appointed to the San Diego County Regional Airport Authority; the entity responsible for preparing, adopting and amending airport land use compatibility plans for each airport in San Diego County.
2013 Assembly Bill 758 (Block) Chapter 606, Statutes of 2013—Provides the City of Coronado with 540 days, instead of the standard 180 days, of any amendment to the airport land use compatibility plan to amend its general plan and any applicable specific plan. 1152

APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-100 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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Appendix B
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-1 Appendix B Title 14 Code of Federal
Regulations Part 77
Safe, Efficient Use and Preservation of
the Navigable Airspace
Current as of August 2023
TITLE 14 COD E OF FEDER AL REGULATIONS PART 77

SUBPART A - GENERAL

77.1 Purpose
This part establishes:
(a) The requirements to provide notice to the FAA of certain proposed construction, or the alteration of existing structures;
(b) The standards used to determine obstructions to air navigation, and navigational and communication facilities;
(c) The process for aeronautical studies of obstructions to air navigation or navigational facilities to determine the effect on the safe and efficient use of navigable airspace, air navigation facilities or equipment; and
(d) The process to petition the FAA for discretionary review of determinations, revisions, and extensions of determinations.

77.3 Definitions
For the purpose of this part:
“Non-precision instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved, 1154
APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) or planned, and for which no precision approach facilities are planned, or indicated on an FAA planning document or military service military airport planning document.

Planned or proposed airport is an airport that is the subject of at least one of the following documents received by the FAA:
(1) Airport proposals submitted under 14 CFR Part 157.
(2) Airport Improvement Program requests for aid.
(3) Notices of existing airports where prior notice of the airport construction or alteration was not provided as required by 14 CFR Part 157.
(4) Airport layout plans.
(5) DOD proposals for airports used only by the U.S. Armed Forces. (6) DOD proposals on joint-use (civil-military) airports. (7) Completed airport site selection feasibility study. “Precision instrument runway” means a runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS), or a Precision Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by an FAA-approved airport layout plan; a military service approved military airport layout plan; any other FAA planning document, or military service military airport planning document. “Public use airport” is an airport available for use by the general public without a requirement for prior approval of the airport owner or operator.
“Seaplane base” is considered to be an airport only if its sea lanes are outlined by visual markers. “Utility runway” means a runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight and less. “Visual runway” means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military service approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

SUBPART B - NOTICE REQUIREMENTS

77.5 Applicability
(a) If you propose any construction or alteration described in §77.9, you must provide adequate notice to the FAA of that construction or alteration.
(b) If requested by the FAA, you must also file supplemental notice before the start date and upon completion of certain construction or alterations that are described in §77.9. (c) Notice received by the FAA under this subpart is used to:
1155
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-3 (1) Evaluate the effect of the proposed construction or alteration on safety in air commerce and the efficient use and preservation of the navigable airspace and of airport traffic capacity at public use airports;
(2) Determine whether the effect of proposed construction or alteration is a hazard to air navigation;
(3) Determine appropriate marking and lighting recommendations, using FAA Advisory Circular 70/7460–1, Obstruction Marking and Lighting;
(4) Determine other appropriate measures to be applied for continued safety of air navigation; and
(5) Notify the aviation community of the construction or alteration of objects that affect the navigable airspace, including the revision of charts, when necessary.

77.7 Form and time of notice
(a) If you are required to file notice under §77.9, you must submit to the FAA a completed FAA Form 7460–1, Notice of Proposed Construction or Alteration. FAA Form 7460–1 is available at FAA regional offices and on the Internet.
(b) You must submit this form at least 45 days before the start date of the proposed construction or alteration or the date an application for a construction permit is filed, whichever is earliest. (c) If you propose construction or alteration that is also subject to the licensing requirements of the Federal Communications Commission (FCC), you must submit notice to the FAA on or before the date that the application is filed with the FCC.
(d) If you propose construction or alteration to an existing structure that exceeds 2,000 ft. in height above ground level (AGL), the FAA presumes it to be a hazard to air navigation that results in an inefficient use of airspace. You must include details explaining both why the proposal would not constitute a hazard to air navigation and why it would not cause an inefficient use of airspace. (e) The 45-day advance notice requirement is waived if immediate construction or alteration is required because of an emergency involving essential public services, public health, or public safety. You may provide notice to the FAA by any available, expeditious means. You must file a completed FAA Form 7460–1 within 5 days of the initial notice to the FAA. Outside normal business hours, the nearest flight service station will accept emergency notices.

77.9 Construction or alteration requiring notice
If requested by the FAA, or if you propose any of the following types of construction or alteration, you must file notice with the FAA of:
(a) Any construction or alteration that is more than 200 ft. AGL at its site. (b) Any construction or alteration that exceeds an imaginary surface extending outward and upward at any of the following slopes:
(1) 100 to 1 for a horizontal distance of 20,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway more than 3,200 ft. in actual length, excluding heliports.
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (2) 50 to 1 for a horizontal distance of 10,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 3,200 ft. in actual length, excluding heliports.
(3) 25 to 1 for a horizontal distance of 5,000 ft. from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section. (c) Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph (a) or (b) of this section.
(d) Any construction or alteration on any of the following airports and heliports:
(1) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications; (2) A military airport under construction, or an airport under construction that will be available for public use;
(3) An airport operated by a Federal agency or the DOD. (4) An airport or heliport with at least one FAA-approved instrument approach procedure. (e) You do not need to file notice for construction or alteration of:
(1) Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation;
(2) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose;
(3) Any construction or alteration for which notice is required by any other FAA regulation. (4) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.

77.11 Supplemental notice requirements
(a) You must file supplemental notice with the FAA when:
(1) The construction or alteration is more than 200 feet in height AGL at its site; or (2) Requested by the FAA.
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TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-5 (b) You must file supplemental notice on a prescribed FAA form to be received within the time limits specified in the FAA determination. If no time limit has been specified, you must submit supplemental notice of construction to the FAA within 5 days after the structure reaches its greatest height.
(c) If you abandon a construction or alteration proposal that requires supplemental notice, you must submit notice to the FAA within 5 days after the project is abandoned. (d) If the construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed.

SUBPART C - STANDARDS FOR DETERMINING OBSTRUCTIONS

TO AIR NAVIGATION OR NAVIGATIONAL AIDS OR FACILITIES

77.13 Applicability
This subpart describes the standards used for determining obstructions to air navigation, navigational aids, or navigational facilities. These standards apply to the following:
(a) Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus. (b) The alteration of any permanent or temporary existing structure by a change in its height, including appurtenances, or lateral dimensions, including equipment or material used therein.

77.15 Scope
(a) This subpart describes standards used to determine obstructions to air navigation that may affect the safe and efficient use of navigable airspace and the operation of planned or existing air navigation and communication facilities. Such facilities include air navigation aids, communication equipment, airports, Federal airways, instrument approach or departure procedures, and approved off-airway routes.
(b) Objects that are considered obstructions under the standards described in this subpart are presumed hazards to air navigation unless further aeronautical study concludes that the object is not a hazard. Once further aeronautical study has been initiated, the FAA will use the standards in this subpart, along with FAA policy and guidance material, to determine if the object is a hazard to air navigation.
(c) The FAA will apply these standards with reference to an existing airport facility, and airport proposals received by the FAA, or the appropriate military service, before it issues a final determination.
(d) For airports having defined runways with specially prepared hard surfaces, the primary surface for each runway extends 200 feet beyond each end of the runway. For airports having defined strips or pathways used regularly for aircraft takeoffs and landings, and designated runways, without specially prepared hard surfaces, each end of the primary surface for each such runway shall coincide with the corresponding end of the runway. At airports, excluding seaplane bases, 1158
APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) having a defined landing and takeoff area with no defined pathways for aircraft takeoffs and landings, a determination must be made as to which portions of the landing and takeoff area are regularly used as landing and takeoff pathways. Those determined pathways must be considered runways, and an appropriate primary surface as defined in §77.19 will be considered as longitudinally centered on each such runway. Each end of that primary surface must coincide with the corresponding end of that runway.
(e) The standards in this subpart apply to construction or alteration proposals on an airport (including heliports and seaplane bases with marked lanes) if that airport is one of the following before the issuance of the final determination:
(1) Available for public use and is listed in the Airport/Facility Directory, Supplement Alaska, or Supplement Pacific of the U.S. Government Flight Information Publications; or (2) A planned or proposed airport or an airport under construction of which the FAA has received actual notice, except DOD airports, where there is a clear indication the airport will be available for public use; or,
(3) An airport operated by a Federal agency or the DOD; or, (4) An airport that has at least one FAA-approved instrument approach.

77.17 Obstruction standards
(a) An existing object, including a mobile object, is, and a future object would be an obstruction to air navigation if it is of greater height than any of the following heights or surfaces:
(1) A height of 499 feet AGL at the site of the object. (2) A height that is 200 feet AGL, or above the established airport elevation, whichever is higher, within 3 nautical miles of the established reference point of an airport, excluding heliports, with its longest runway more than 3,200 feet in actual length, and that height increases in the proportion of 100 feet for each additional nautical mile from the airport up to a maximum of 499 feet.
(3) A height within a terminal obstacle clearance area, including an initial approach segment, a departure area, and a circling approach area, which would result in the vertical distance between any point on the object and an established minimum instrument flight altitude within that area or segment to be less than the required obstacle clearance. (4) A height within an en route obstacle clearance area, including turn and termination areas, of a Federal Airway or approved off-airway route, that would increase the minimum obstacle clearance altitude.
(5) The surface of a takeoff and landing area of an airport or any imaginary surface established under §77.19, 77.21, or 77.23. However, no part of the takeoff or landing area itself will be considered an obstruction.
(b) Except for traverse ways on or near an airport with an operative ground traffic control service furnished by an airport traffic control tower or by the airport management and coordinated with the air traffic control service, the standards of paragraph (a) of this section apply to traverse ways 1159
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-7 used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by:
(1) 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance.
(2) 15 feet for any other public roadway.
(3) 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road.
(4) 23 feet for a railroad.
(5) For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.

77.19 Civil airport imaginary surfaces
The following civil airport imaginary surfaces are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach procedure existing or planned for that runway end.
(a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of a specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:
(1) 5,000 feet for all runways designated as utility or visual; (2) 10,000 feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.
(b) Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (c) Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is:
(1) 250 feet for utility runways having only visual approaches. (2) 500 feet for utility runways having non-precision instrument approaches. (3) For other than utility runways, the width is:
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (i) 500 feet for visual runways having only visual approaches. (ii) 500 feet for non-precision instrument runways having visibility minimums greater than three-fourths statute mile.
(iii) 1,000 feet for a non-precision instrument runway having a non-precision instrument approach with visibility minimums as low as three-fourths of a statute mile, and for precision instrument runways.
(iv) The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. (d) Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.
(1) The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:
(i) 1,250 feet for that end of a utility runway with only visual approaches; (ii) 1,500 feet for that end of a runway other than a utility runway with only visual approaches;
(iii) 2,000 feet for that end of a utility runway with a non-precision instrument approach; (iv) 3,500 feet for that end of a non-precision instrument runway other than utility, having visibility minimums greater that three-fourths of a statute mile; (v) 4,000 feet for that end of a non-precision instrument runway, other than utility, having a non-precision instrument approach with visibility minimums as low as three-fourths statute mile; and
(vi) 16,000 feet for precision instrument runways.
(2) The approach surface extends for a horizontal distance of:
(i) 5,000 feet at a slope of 20 to 1 for all utility and visual runways; (ii) 10,000 feet at a slope of 34 to 1 for all non-precision instrument runways other than utility; and
(iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000 feet at a slope of 40 to 1 for all precision instrument runways.
(3) The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end. (e) Transitional surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical 1161
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-9 surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at right angles to the runway centerline.

77.21 Department of Defense (DOD) airport imaginary surfaces (a) Related to airport reference points. These surfaces apply to all military airports. For the purposes of this section, a military airport is any airport operated by the DOD. (1) Inner horizontal surface. A plane that is oval in shape at a height of 150 feet above the established airfield elevation. The plane is constructed by scribing an arc with a radius of 7,500 feet about the centerline at the end of each runway and interconnecting these arcs with tangents.
(2) Conical surface. A surface extending from the periphery of the inner horizontal surface outward and upward at a slope of 20 to 1 for a horizontal distance of 7,000 feet to a height of 500 feet above the established airfield elevation.
(3) Outer horizontal surface. A plane, located 500 feet above the established airfield elevation, extending outward from the outer periphery of the conical surface for a horizontal distance of 30,000 feet.
(b) Related to runways. These surfaces apply to all military airports. (1) Primary surface. A surface located on the ground or water longitudinally centered on each runway with the same length as the runway. The width of the primary surface for runways is 2,000 feet. However, at established bases where substantial construction has taken place in accordance with a previous lateral clearance criteria, the 2,000-foot width may be reduced to the former criteria.
(2) Clear zone surface. A surface located on the ground or water at each end of the primary surface, with a length of 1,000 feet and the same width as the primary surface. (3) Approach clearance surface. An inclined plane, symmetrical about the runway centerline extended, beginning 200 feet beyond each end of the primary surface at the centerline elevation of the runway end and extending for 50,000 feet. The slope of the approach clearance surface is 50 to 1 along the runway centerline extended until it reaches an elevation of 500 feet above the established airport elevation. It then continues horizontally at this elevation to a point 50,000 feet from the point of beginning. The width of this surface at the runway end is the same as the primary surface, it flares uniformly, and the width at 50,000 is 16,000 feet.
(4) Transitional surfaces. These surfaces connect the primary surfaces, the first 200 feet of the clear zone surfaces, and the approach clearance surfaces to the inner horizontal surface, conical surface, outer horizontal surface or other transitional surfaces. The slope of the transitional surface is 7 to 1 outward and upward at right angles to the runway centerline. 1162
APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

77.23 Heliport imaginary surfaces
(a) Primary surface. The area of the primary surface coincides in size and shape with the designated take-off and landing area. This surface is a horizontal plane at the elevation of the established heliport elevation.
(b) Approach surface. The approach surface begins at each end of the heliport primary surface with the same width as the primary surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1 for civil heliports and 10 to 1 for military heliports.
(c) Transitional surfaces. These surfaces extend outward and upward from the lateral boundaries of the primary surface and from the approach surfaces at a slope of 2 to 1 for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces.

SUBPART D - AERONAUTICAL STUDIES AND

DETERMINATIONS

77.25 Applicability
(a) This subpart applies to any aeronautical study of a proposed construction or alteration for which notice to the FAA is required under §77.9.
(b) The purpose of an aeronautical study is to determine whether the aeronautical effects of the specific proposal and, where appropriate, the cumulative impact resulting from the proposed construction or alteration when combined with the effects of other existing or proposed structures, would constitute a hazard to air navigation. (c) The obstruction standards in subpart C of this part are supplemented by other manuals and directives used in determining the effect on the navigable airspace of a proposed construction or alteration. When the FAA needs additional information, it may circulate a study to interested parties for comment.

77.27 Initiation of studies
The FAA will conduct an aeronautical study when:
(a) Requested by the sponsor of any proposed construction or alteration for which a notice is submitted; or
(b) The FAA determines a study is necessary.

77.29 Evaluating aeronautical effect
(a) The FAA conducts an aeronautical study to determine the impact of a proposed structure, an existing structure that has not yet been studied by the FAA, or an alteration of an existing structure on aeronautical operations, procedures, and the safety of flight. These studies include evaluating:
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TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-11 (1) The impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;
(2) The impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;
(3) The impact on existing and planned public use airports; (4) Airport traffic capacity of existing public use airports and public use airport development plans received before the issuance of the final determination; (5) Minimum obstacle clearance altitudes, minimum instrument flight rules altitudes, approved or planned instrument approach procedures, and departure procedures; (6) The potential effect on ATC radar, direction finders, ATC tower line-of-sight visibility, and physical or electromagnetic effects on air navigation, communication facilities, and other surveillance systems;
(7) The aeronautical effects resulting from the cumulative impact of a proposed construction or alteration of a structure when combined with the effects of other existing or proposed structures.
(b) If you withdraw the proposed construction or alteration or revise it so that it is no longer identified as an obstruction, or if no further aeronautical study is necessary, the FAA may terminate the study.

77.31 Determinations
(a) The FAA will issue a determination stating whether the proposed construction or alteration would be a hazard to air navigation, and will advise all known interested persons. (b) The FAA will make determinations based on the aeronautical study findings and will identify the following:
(1) The effects on VFR/IFR aeronautical departure/arrival operations, air traffic procedures, minimum flight altitudes, and existing, planned, or proposed airports listed in §77.15(e) of which the FAA has received actual notice prior to issuance of a final determination. (2) The extent of the physical and/or electromagnetic effect on the operation of existing or proposed air navigation facilities, communication aids, or surveillance systems. (c) The FAA will issue a Determination of Hazard to Air Navigation when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard and would have a substantial aeronautical impact.
(d) A Determination of No Hazard to Air Navigation will be issued when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard but would not have a substantial aeronautical impact to air navigation. A Determination of No Hazard to Air Navigation may include the following:
(1) Conditional provisions of a determination.
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (2) Limitations necessary to minimize potential problems, such as the use of temporary construction equipment.
(3) Supplemental notice requirements, when required.
(4) Marking and lighting recommendations, as appropriate. (e) The FAA will issue a Determination of No Hazard to Air Navigation when a proposed structure does not exceed any of the obstruction standards and would not be a hazard to air navigation.

77.33 Effective period of determinations
(a) The effective date of a determination not subject to discretionary review under §77.37(b) is the date of issuance. The effective date of all other determinations for a proposed or existing structure is 40 days from the date of issuance, provided a valid petition for review has not been received by the FAA. If a valid petition for review is filed, the determination will not become final, pending disposition of the petition.
(b) Unless extended, revised, or terminated, each Determination of No Hazard to Air Navigation issued under this subpart expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier. (c) A Determination of Hazard to Air Navigation has no expiration date. [Doc. No. FAA–2006–25002, 75 FR 42303, July 21, 2010, as amended by Amdt. 77–13–A, 76 FR 2802, Jan. 18, 2011]

77.35 Extensions, terminations, revisions and corrections (a) You may petition the FAA official that issued the Determination of No Hazard to Air Navigation to revise or reconsider the determination based on new facts or to extend the effective period of the determination, provided that:
(1) Actual structural work of the proposed construction or alteration, such as the laying of a foundation, but not including excavation, has not been started; and (2) The petition is submitted at least 15 days before the expiration date of the Determination of No Hazard to Air Navigation.
(b) A Determination of No Hazard to Air Navigation issued for those construction or alteration proposals not requiring an FCC construction permit may be extended by the FAA one time for a period not to exceed 18 months.
(c) A Determination of No Hazard to Air Navigation issued for a proposal requiring an FCC construction permit may be granted extensions for up to 18 months, provided that:
(1) You submit evidence that an application for a construction permit/license was filed with the FCC for the associated site within 6 months of issuance of the determination; and (2) You submit evidence that additional time is warranted because of FCC requirements; and (3) Where the FCC issues a construction permit, a final Determination of No Hazard to Air Navigation is effective until the date prescribed by the FCC for completion of the 1165
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-13 construction. If an extension of the original FCC completion date is needed, an extension of the FAA determination must be requested from the Obstruction Evaluation Service (OES).
(4) If the Commission refuses to issue a construction permit, the final determination expires on the date of its refusal.

SUBPART E - PETITIONS FOR DISCRETIONARY REVIEW

77.37 General
(a) If you are the sponsor, provided a substantive aeronautical comment on a proposal in an aeronautical study, or have a substantive aeronautical comment on the proposal but were not given an opportunity to state it, you may petition the FAA for a discretionary review of a determination, revision, or extension of a determination issued by the FAA. (b) You may not file a petition for discretionary review for a Determination of No Hazard that is issued for a temporary structure, marking and lighting recommendation, or when a proposed structure or alteration does not exceed obstruction standards contained in subpart C of this part.

77.39 Contents of a petition
(a) You must file a petition for discretionary review in writing and it must be received by the FAA within 30 days after the issuance of a determination under §77.31, or a revision or extension of the determination under §77.35.
(b) The petition must contain a full statement of the aeronautical basis on which the petition is made, and must include new information or facts not previously considered or presented during the aeronautical study, including valid aeronautical reasons why the determination, revisions, or extension made by the FAA should be reviewed.
(c) In the event that the last day of the 30-day filing period falls on a weekend or a day the Federal government is closed, the last day of the filing period is the next day that the government is open. (d) The FAA will inform the petitioner or sponsor (if other than the petitioner) and the FCC (whenever an FCC-related proposal is involved) of the filing of the petition and that the determination is not final pending disposition of the petition.

77.41 Discretionary review results
(a) If discretionary review is granted, the FAA will inform the petitioner and the sponsor (if other than the petitioner) of the issues to be studied and reviewed. The review may include a request for comments and a review of all records from the initial aeronautical study. (b) If discretionary review is denied, the FAA will notify the petitioner and the sponsor (if other than the petitioner), and the FCC, whenever an FCC-related proposal is involved, of the basis for the denial along with a statement that the determination is final. (c) After concluding the discretionary review process, the FAA will revise, affirm, or reverse the determination.
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-14 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-15 EXHIBIT B-1: CFR PART 77 IMAGINARY SURFACES
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-16 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT B-2: CFR PART 77 NOTIFICATION - FAA FORM 7460-1 1169
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-17 EXHIBIT B-3: ONLINE SUBMITTAL OF FORM 7460-1: NOTICE OF PROPOSED CONSTRUCTION OR

ALTERATION
Historically a paper form called a “7460-1” was required to be submitted to the FAA for any project proposed on airport property and certain projects near airports. Recently, the FAA has moved from paper forms to an on-line system of evaluating the effects of a proposed project on the national airspace system.
▪ The on-line system can be accessed at https://oeaaa.faa.gov.

This new system allows project proponents to submit and track their proposal as it progresses through the FAA evaluation process.

The purpose of this guidance is to supplement and clarify the FAA user guide for the 7460 website. ▪ available at: https://oeaaa.faa.gov/oeaaa/external/content/OEexternal_Guide_v3.1.pdf We recommend that the user first read the entire guide provided by the FAA, and then use this document to clarify some of the more complicated aspects of the online 7460 system.

When a project must be submitted to the FAA
CFR Title 14 Part 77.13 states that any person/organization who intends to sponsor any of the following construction or alterations must notify the Administrator of the FAA:
▪ Any construction or alteration exceeding 200 ft. above ground level ▪ Any construction or alteration:
 within 20,000 ft. of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 ft.
 within 10,000 ft. of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft.
 within 5,000 ft. of a public use heliport which exceeds a 25:1 surface
▪ Any highway, railroad or other traverse way whose prescribed adjusted height would exceed the above noted standards
▪ When requested by the FAA
▪ Any construction or alteration located on a public use airport or heliport regardless of height or location.

Create an account
Before accessing the features of the website, the user will be required to create a username and password to access the website.

The FAA has been
continuously improving the
oe/aaa website to be more
user friendly and increase the
on-line functionality. The look
and feel of the website may
change in the future, but the
majority of the content should
remain as is.
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-18 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Once a user has created an account, they will be able to log in and will be directed to the OE/AAA Portal Page. This page displays a summary of any projects which have been entered into the website, categorized by off-airport and on-airport projects.

Adding a Sponsor
Before a user can enter project specific information, a project sponsor must be created. A sponsor is the person who is ultimately responsible for the construction or alteration. All FAA correspondence will be addressed to the sponsor. The sponsor could be the airport manager for projects proposed by the airport, or the developer proposing off airport construction. To create a sponsor contact, click “Add New Sponsor” on the “portal” page. From there the user can add sponsors for various projects. 1171
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-19 When the user selects “Add New Sponsor”, they will be presented with the following screen:

Creating a New Submittal
There are two options for creating a new 7460 submittal. Again on the left side, either click “Add New Case (off airport)” or “Add New Case (on airport)”
NOTE: The party submitting
information through the FAA
website DOES NOT have to be
the same as the sponsor.

Often, a consultant or other
party under direction from the
sponsor makes the submittal
through the website
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-20 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) There are some differences in the required fields for “on airport” vs. “off airport” but the differences are minor and self-explanatory. One tip: for off airport submittals there is a field for “requested marking/lighting”. If the user does not have a preference, select other from the pull down menu and in the “other field” state “no preference”.
▪ The most common “notice of” is construction. Select from pull down menu. ▪ Latitude and longitude must be entered for the structure/construction activity. ▪ Most 7460 submittals will require multiple points with lat/long unless the 7460 is for a pole/tower/ or other single point object. Buildings and construction areas all require points indicating the extents of the building or area. More information is provided below on how to add additional points to a submittal.
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TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-21 ▪ There is a field to describe the activity taking place. In some complex activities the field does not provide enough room for the required text.

An additional explanatory letter can be attached. Additional information is provided in this section on how to add a letter or document to the submittal.
▪ Red asterisks indicate the required fields.
▪ Unless there has been a previous aeronautical study for this submittal leave the “prior study” fields blank.
▪ Only select “common frequency bands” if the proposed structure will transmit a signal.

If the submittal is a building or construction area that is more than a single lat/long point the user must save the data first. Click save at the bottom of the page. This will bring up a summary screen of the case. To add more points click “clone” under the heading “actions”.

The clone tool copies all the relevant information to a new page where an additional lat/long and elevation can be entered. However, the clone process does not number the various points of a proposed project. When entering the details for a point (see Image 5) it is helpful if the user assigns a number to the point and references the total number of points for the project (e.g. point 2 of 20). The numbering can be included in the project “description/remarks” field for each point.

It should be noted that each individual point associated with a project (e.g. each corner of a building) is evaluated individually, thus the importance of including a numbering system (2 of 20) in the text/description box.

Once done, click “save” again. Now the user will see two records under the “project summary” heading. Continue this process of cloning for all the remaining points.

Accurate lat/long and site
elevation is critical for an
accurate airspace
determination.

It is recommended that survey
quality data be obtained from
a recent survey, a GPS unit, or
worst case, scaled from a topo
quad.
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-22 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Once all the points have been entered, each point must be verified. There is a red X with the words “verify map” indicating the user has not verified the location. Click Verify Map, a popup will display the lat/long point on a topo map and the user must verify that it is in the correct location. After clicking “verify map” on the popup, the red X will become a blue checkmark. It seems to be more efficient to enter all of the points associated with a project and then return to verify each point on the map at one time.

All on-airport project submittals must have a “project sketch” included. Under the “actions” column select “upload a PDF”. Once you have uploaded a sketch for all the points associated with the project the red X under “sketch” will turn to a green check mark. Off-airport projects do not require a “project sketch”, but the user can still upload one for informational purposes.

If the user needs to add any other information such as an explanatory letter, clicking on “upload a PDF” will allow the user to upload more documents, although only one at a time. Keep in mind that if additional PDFs or information are being provided, like the project sketch it must be uploaded to every point associated with the project.

Once the maps have been verified and sketches uploaded for all points associated with the case, the user will be able to submit the 7460 to the FAA for review. 1175
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-23 Status of Submitted Projects
To check the status of a submittal, click on either “my cases (off airport)” or “my cases (on airport)” to see a list of what has been submitted. Each of the multiple points associated with one project will be listed as if they are separate, although still associated. The points will have a status:

Project Status Definitions:

Draft: Cases that have been saved by the user but have not been submitted to the FAA.

Waiting: Cases that have not been submitted to the FAA and are waiting for an action from the user, either to verify the map or attach a sketch.

Accepted: Cases that have been submitted to the FAA.

Add Letter: Cases that have been reviewed by the FAA and require additional information from the user.

Work in Progress: Cases that are being evaluated by the FAA.

Determined: Cases that have a completed aeronautical study and an FAA determination.

Terminated: Cases that are no longer valid.

These definitions are also shown at the bottom of the summary screen. 1176
APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-24 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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Appendix C
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) C-1 Appendix C Methods for Calculating
Usage Intensity

METHOD S FOR CALCU LATING USAGE INTEN SITY

INTRODUCTION
The underlying safety compatibility criterion employed in this ALUCP is “usage intensity”—the maximum number of people per acre that can be present in a given area at any one time. If a proposed use exceeds the maximum intensity, it is considered incompatible and thus inconsistent with compatibility planning policies. The usage intensity concept is identified in the California Airport Land Use Planning Handbook (Handbook) as the measure best suited for assessment of land use safety compatibility with airports. The Handbook is published by Caltrans and is required under state law to be used as a guide in preparation of airport land use compatibility plans.

It is recognized, though, that “people per acre” is not a common measure in other facets of land use planning. Therefore, this ALUCP also utilizes the more common measure of floor area ratio (FAR) as a means of implementing the usage intensity criteria on the local level. This appendix both provides guidance on how the usage intensity determination can be made and defines the relationships between this measure, FAR, and other measures found in land use planning.

COUNTING PEOPLE
The most difficult part about calculating a use’s intensity is estimating the number of people expected to use a particular facility under normal circumstances. All people—not just employees, but also customers and visitors—who may be on the property at a single point in time, whether indoors or outside, must be counted. The only exceptions are for rare special events, such as an air show at an airport, for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate.

Ideally, the actual number of people for which the facility is designed would be known. For example, the number of seats in a proposed movie theater can be determined with high accuracy once the theater size is decided. However, other buildings may be built as a shell and the eventual number of occupants would remain unknown until a specific tenant is found. Furthermore, the number of occupants can change in the future as tenants change. Even greater uncertainty is involved with relatively open uses that do not having fixed seating—e.g., retail stores or sports parks. 1178

APPENDIX C METHODS FOR CALCULATING USAGE INTENSITY
C-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Absent clearly measurable occupancy numbers, other sources must be relied upon to estimate the number of people in a proposed development.

SURVEY OF SIMILAR USES
A survey of similar uses already in existence is one option; however, gathering data in this manner can be time-consuming and costly. Also, unless the survey sample is sufficiently large and conducted at various times, inconsistent numbers may result. Except for uncommon uses for which occupancy levels cannot be estimated through other means, surveys are most appropriate as supplemental information.

MAXIMUM OCCUPANCY
A second option for estimating the number of people who will be on a site is to rely upon data indicating the maximum occupancy of a building measured in terms of Occupancy Load Factor—the number of square feet per occupant. The number of people on the site, assuming limited outdoor or peripheral uses, can be calculated by dividing the total floor area of a proposed use by the Occupancy Load Factor. The challenge of this methodology lies in establishing realistic figures for square feet per occupant. The number varies greatly from one use to another and, for some uses, has changed over time as well.

A commonly used source of maximum occupancy data is the standards set in the California Building Code (CBC). The chart reproduced as Exhibit C-1 indicates the Occupancy Load Factors for various types of uses. The CBC, though, is intended primarily for purposes of structural design and fire safety and represents a legal maximum occupancy in most jurisdictions. A CBC-based methodology consequently results in occupancy numbers that are higher than normal maximum usage in most instances. The numbers also are based upon usable floor area and do not take into account corridors, stairs, building equipment rooms, and other functions that are part of a building’s gross square footage.

Surveys of actual Occupancy Load Factors conducted by various agencies have indicated that many retail and office uses are generally occupied at no more than 50% of their maximum occupancy levels, even at the busiest times of day. Therefore, the Handbook indicates that the number of people calculated for office and retail uses can usually be divided in half to reflect the actual occupancy levels before making the final people-per-acre determination. Even with this adjustment, the CBC-based methodology typically produces intensities at the high end of the likely range.

Another source of data on square footage per occupant comes from the facility management industry.

The data is used to help businesses determine how much building space they need to build or lease and thus tends to be more generous than the CBC standards. The numbers vary not only by the type of facility, as with the CBC, but also by type of industry. The following are selected examples of square footage per employee gathered from a variety of sources. ▪ Call centers 150 – 175
▪ Typical offices 180 – 250
▪ Law, finance, real estate offices 300 – 325
▪ Research & development, light industry 300 – 500
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METHODS FOR CALCULATING USAGE INTENSITY APPENDIX C
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) C-3 ▪ Health services 500
The numbers above do not take into account the customers who may also be present for certain uses.

For retail business, dining establishments, theaters, and other uses where customers outnumber employees, either direct measures of occupancy—the number of seats, for example—or other methodologies must be used to estimate the potential number of people on the site.

PARKING SPACE REQUIREMENTS
For many jurisdictions and a wide variety of uses, the number of people present on a site can be calculated based upon the number of automobile parking spaces that are required. However, certain limitations and assumptions must be considered when applying this methodology. An obvious limitation is that parking space requirements can be correlated with occupancy numbers only where nearly all users arrive by private vehicle rather than by public transportation, walking, or other method.

Secondly, the jurisdiction needs to have a well-defined parking ordinance that lists parking space requirements for a wide range of land uses. For most uses, these requirements are typically stated in terms of the number of parking spaces that must be provided per 1,000 square feet of gross building size or a similar ratio. Lastly, assumptions must be made with regard to the average number of people who will arrive in each car.

Both of the critical ratios associated with this methodology—parking spaces to building size and occupants to vehicles—vary from one jurisdiction to another even for the same types of uses.

Research of local ordinances and other sources, though, indicates that the following ratios are typical.  Parking Space Ratios—These examples of required parking space requirements are typical of those found in ordinances adopted by urban and suburban jurisdictions. The numbers are ratios of spaces required per 1,000 square feet of gross floor area. Gross floor area is normally measured to the outside surfaces of a building and includes all floor levels as well as stairways, elevators, storage, and mechanical rooms.
▪ Small Restaurants 10.0
▪ Medical Offices 4.0 – 5.7
▪ Shopping Centers 4.0 – 5.0
▪ Health Clubs 3.3 – 5.0
▪ Business Professional Offices 3.3 – 4.0
▪ Retail Stores 3.0 – 3.5
▪ Research & Development 2.5 – 4.0
▪ Manufacturing 2.0 – 2.5
▪ Furniture, Building Supply Stores 0.7 – 1.0
 Vehicle Occupancy—Data indicating the average number of people occupying each vehicle parking at a particular business or other land use can be found in various transportation surveys.

The numbers vary both from one community or region to another and over time; thus, current local data is best if available. The following data represent typical vehicle occupancy for different trip purposes.
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APPENDIX C METHODS FOR CALCULATING USAGE INTENSITY
C-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) ▪ Work 1.05 – 1.2
▪ Education 1.2 – 2.0
▪ Medical 1.5 – 1.7
▪ Shopping 1.5 – 1.8
▪ Dining, Social, Recreational 1.7 – 2.3

USAGE INTENSITY RELATIONSHIP TO OTHER DEVELOPMENT

MEASURES

CALCULATING USAGE INTENSITIES
Once the number of people expected in a particular development—both over the entire site and within individual buildings—has been estimated, the usage intensity can be calculated. The criteria in this ALUCP are measured in terms of the average intensity over the entire project site.

The average intensity is calculated by dividing the total number of people on the site by the site size.

A 10-acre site expected to be occupied by as many as 1,000 people at a time would have an average intensity of 100 people per acre. The site size equals the total size of the parcel or parcels to be developed.

Having calculated the usage intensities of a proposed development, a comparison can be made with the criteria set forth in the ALUCP to determine whether the proposal is consistent or inconsistent with the policies.

COMPARISON WITH FLOOR AREA RATIO
As noted earlier, usage intensity or people per acre is not a common metric in land use planning. Floor area ratio or FAR—the gross square footage of the buildings on a site divided by the site size—is a more common measure in land use planning. Some counties and cities adopt explicit FAR limits in their zoning ordinance or other policies. Those that do not set FAR limits often have other requirements, such as a maximum number of floors a building can have, minimum setback distances from the property line, and minimum number of parking spaces. These requirements effectively limit the floor area ratio as well.

To facilitate local jurisdiction implementation, the safety compatibility criteria in this ALUCP have been structured around FAR measures to determine usage intensity limits for many types of nonresidential land use development. To utilize FAR in this manner, a critical additional piece of information is necessary to overcome the major shortcoming of FAR as a safety compatibility measure. The problem with FAR is that it does not directly correlate with risks to people because different types of buildings with the same FAR can have vastly different numbers of people inside— a low-intensity warehouse versus a high-intensity restaurant, for example. For FAR to be applied as a factor in setting development limitations, assumptions must be made as to how much space each person (employees and others) in the building will occupy. 1181

METHODS FOR CALCULATING USAGE INTENSITY APPENDIX C
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) C-5 The Safety Compatibility Criteria table therefore indicates the assumed Occupancy Load Factor for various land uses. Mathematically, the relationship between usage intensity and FAR is:

FAR = (allowable usage intensity) x (Occupancy Load Factor) 43,560
where usage intensity is measured in terms of people per acre and Occupancy Load Factor as square feet per person.

Selection of the usage intensity, occupancy level, and FAR numbers that appear in the Basic Compatibility Criteria table was done in an iterative manner that considered each of the components both separately and together. Usage intensities were initially set with respect to guidelines provided in the California Airport Land Use Planning Handbook. Occupancy levels were derived from the CBC but were adjusted based upon additional research from both local and national sources in the manner discussed earlier in this appendix. The FAR limits were initially calculated from these other two numbers using the formula above.

COMPARISON WITH PARKING SPACE REQUIREMENTS
As discussed above, many jurisdictions have adopted parking space requirements that vary from one land use type to another. Factoring in an estimated vehicle occupancy rate for various land uses as described earlier, the Occupancy Load Factor can be calculated. For example, a typical parking space requirement for office uses is 4.0 spaces per 1,000 square feet or 1 space per 250 square feet. If each vehicle is assumed to be occupied by 1.1 persons, the equivalent Occupancy Load Factor would be 1 person per 227 square feet. This number falls squarely within the range noted above that was found through separate research of norms used by the facility management industry.

As an added note, the Occupancy Load Factor of 215 square feet per person indicated in the Basic Compatibility Criteria table for office uses is slightly more conservative than the above calculation produces. This means that, for a given usage intensity standard, the FAR limit in the table is slightly more restrictive than would result from a higher Occupancy Load Factor. 1182

APPENDIX C METHODS FOR CALCULATING USAGE INTENSITY
C-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT C-1: OCCUPANT LOAD FACTORS - CALIFORNIA BUILDING CODE 1183

METHODS FOR CALCULATING USAGE INTENSITY APPENDIX C
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) C-7 EXHIBIT C-2: SAMPLE PEOPLE-PER-ACRE CALCULATIONS
Example 1
Proposed Development: Two office buildings, each two stories and containing 20,000 square feet of floor area per building. Site size is 3.0 net acres. Counting a portion of the adjacent road, the gross area of the site is 3.5± acres.

A. Calculation Based on Parking Space Requirements
For office uses, assume that a county or city parking ordinance requires 1 parking space for every 300 square feet of floor area. Data from traffic studies or other sources can be used to estimate the average vehicle occupancy. For the purposes of this example, the typical vehicle occupancy is assumed to equal 1.5 people per vehicle.

The average usage intensity would therefore be calculated as follows:
1) 40,000 sq. ft. floor area x 1.0 parking space per 300 sq. ft. = 134 required parking spaces 2) 134 parking spaces x 1.5 people per space = 201 people maximum on site 3) 201 people  3.5 acres gross site size = 57 people per acre average for the site B. Calculation Based on Uniform Building Code
Using the UBC (ExhibitC-1) as the basis for estimating building occupancy yields the following results for the above example:
1) 40,000 sq. ft. bldg.  100 sq. ft./occupant = 400 people max. bldg. occupancy (under UBC)
2) 400 max. bldg. occupancy x 50% adjustment = 200 people maximum on site 3) 200 people  3.5 acres gross site size = 57 people per acre average for the site C. Calculation of Single Acre Intensity
Assuming that occupancy of each building is relatively equal throughout, but that there is some separation between the buildings and outdoor uses are minimal, the usage intensity for a single acre would be estimated to be:
1) 20,000 sq. ft. bldg.  2 stories = 10,000 sq. ft. bldg. footprint 2) 10,000 sq. ft. bldg. footprint  43,560 sq. ft. per acre = 0.23 acre bldg. footprint 3) Building footprint < 1.0 acre; therefore maximum people in 1 acre = bldg. occupancy = 100 people per single acre (i.e., 200 people max. on site  2 bldgs.) Conclusions: In this instance, both methodologies yield the same results. The 57 people per average acre and the 100 people per single acre results must be compared with the intensity limits provided in the Basic Compatibility Criteria tables in this ALUCP.

Continued on next page
1184

APPENDIX C METHODS FOR CALCULATING USAGE INTENSITY
C-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Example 2
Proposed Development: Single-floor furniture store containing 24,000 square feet of floor area on a site of 2.0 gross acres and the net acreage (less internal roadways) is 1.7 acres.

A. Calculation Based on Parking Space Requirements
For furniture stores, assume that a county or city parking ordinance requires 1 parking space per 1,500 square feet of use area. Assuming 1.5 people per automobile results in the following intensity estimates:

The average usage intensity would be:
1) 24,000 sq. ft. bldg. x 1.0 parking space per 1,500 sq. ft. = 16 required parking spaces 2) 16 parking spaces x 1.5 people per space = 24 people maximum on site 3) 24 people  2.0 acres gross site size = 12 people per acre average for the site B. Calculation Based on Uniform Building Code
For the purposes of the UBC-based methodology, the furniture store is assumed to consist of 50% retail sales floor (at 30 square feet per occupant) and 50% warehouse (at 500 square feet per occupant). Usage intensities would therefore be estimated as follows:
1) 12,000 sq. ft. retail floor area  30 sq. ft./occupant = 400 people max. occupancy in retail area
2) 12,000 sq. ft. warehouse floor area  500 sq. ft./occupant = 24 people max. occupancy in warehouse area
3) Maximum occupancy under UBC assumptions = 400 + 24 = 424 people 4) Assuming typical peak occupancy is 50% of UBC numbers = 212 people maximum on site 5) 212 people  2.0 acres = 106 people per acre average for the site C. Calculation for Single Acre Intensity
With respect to the single-acre intensity criteria, the entire building occupancy would again be within less than 1.0 acre, thus yielding the same intensity of 24 or 212 people per single acre.

Again assuming a relatively balanced occupancy throughout the building and that outdoor uses are minimal, the usage intensity for a single acre would be estimated to be:
1) 24,000 sq. ft. bldg. footprint  43,560 sq. ft. per acre = 0.55 acre bldg. footprint 3) Building footprint < 1.0 acre; therefore, maximum people in 1 acre = bldg. occupancy = 24 or 212 people per single acre under parking space or UBC methodology, respectively Conclusions: In this instance, the two methods produce very different results. The occupancy estimate of 30 square feet per person is undoubtedly low for a furniture store even after the 50% adjustment. On the other hand, the 12 people-per-acre estimate using the parking requirement methodology appears low but is probably closer to being realistic. Unless better data is available from surveys of similar uses, this proposal should reasonably be considered compatible within most compatibility zones, except Zone A.
1185
Appendix D
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) D-1 Appendix D General Plan Consistency Checklist

GEN ERAL PLAN C ONSISTENCY CHEC KLIST

GEN ERAL PLAN C ONSISTENCY CHEC KLIST
This checklist is intended to assist local agencies with modifications necessary to make their local plans and other local policies consistent with this ALUCP. It is also designed to facilitate ALUC reviews of these local plans and policies.

COMPATIBILITY CRITERIA
General Plan Document
The following items typically appear directly in a general plan document. Amendment of the general plan will be required if there are any conflicts with the ALUCP.
▪ Land Use Map—No direct conflicts should exist between proposed new land uses indicated on a general plan land use map and the ALUC land use compatibility criteria.
- Residential densities (dwelling units per acre)
should not exceed the set limits.
- Proposed nonresidential development needs to be
assessed with respect to applicable intensity limits
(see below).
- No new land uses of a type listed as specifically
prohibited should be shown within affected areas.
▪ Noise Element—General plan noise elements typically
include criteria indicating the maximum noise exposure for which residential development is normally acceptable.

This limit must be made consistent with the equivalent
ALUCP criteria. Note, however, that a general plan may
establish a different limit with respect to aviation-related noise than for noise from other sources (this may be
appropriate in that aviation-related noise is sometimes judged to be more objectionable than other types of
equally loud noises).

Zoning or Other Policy Documents
The following items need to be reflected either in the general plan or in a separate policy document such as a combining zone ordinance. If a separate policy document is adopted, modification of the general plan to achieve consistency with the ALUCP may not be required. Modifications would
normally be needed only to eliminate any conflicting language which may be present and to make reference to the separate policy document:
▪ Intensity Limitations on Nonresidential Uses—ALUCPs
may establish limits on the usage intensities of commercial, industrial, and other nonresidential land uses. This can be done by duplication of the performance-oriented criteria— specifically, the number of people per acre—indicated in the ALUCP. Alternatively, ALUCs may create a detailed list of land uses which are allowable and/or not allowable within each compatibility zone. For certain land uses, such a list may need to include limits on building sizes, floor area ratios, habitable floors, and/or other design parameters which are equivalent to the usage intensity criteria.
▪ Identification of Prohibited Uses—ALUCPs may prohibit schools, day care centers, assisted living centers, hospitals, and other uses within a majority of an airport’s influence area. The facilities often are permitted or conditionally permitted uses within many commercial or industrial land use designations.
▪ Open Land Requirements—ALUCP requirements, if any,
for assuring that a minimum amount of open land is
preserved in the airport vicinity must be reflected in local policies. Normally, the locations which are intended to be maintained as open land would be identified on a map with the total acreage within each compatibility zone indicated. If some of the area included as open land is private property, then policies must be established which assure that the open land will continue to exist as the property develops. Policies specifying the required characteristics of eligible open land should also be established.
▪ Infill Development—If an ALUCP contains infill policies and a jurisdiction wishes to take advantage of them, the lands that meet the qualifications must be shown on a map.
▪ Height Limitations and Other Hazards to Flight—To
protect the airport airspace, limitations must be set on the height of structures and other objects near airports. These limitations are to be based upon FAR Part 77. Restrictions also must be established on other land use characteristics which can cause hazards to flight (specifically, visual or electronic interference with navigation and uses which attract birds). Note that many jurisdictions have already adopted an airport-related hazard and height limit zoning ordinance which, if up to date, will satisfy this consistency requirement.

Continued on next page
1186

APPENDIX D GENERAL PLAN CONSISTENCY CHECKLIST
D-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) ▪ Buyer Awareness Measures—Besides disclosure rules
already required by state law, as a condition for approval of development within certain compatibility zones, some ALUCPs require either dedication of an avigation
easement to the airport proprietor or placement on deeds of a notice regarding airport impacts. If so, local agency policies must contain similar requirements.
▪ Nonconforming Uses and Reconstruction—Local
agency policies regarding nonconforming uses and
reconstruction must be equivalent to or more restrictive than those in the ALUCP, if any.

REVIEW PROCEDURES
In addition to incorporation of ALUC compatibility criteria, local agency implementing documents must specify the
manner in which development proposals will be reviewed for consistency with the compatibility criteria.
▪ Actions Always Required to be Submitted for ALUC
Review—Public Utility Code Section 21676 identifies the types of actions that must be submitted for airport land use commission review. Local policies should either list these actions or, at a minimum, note the local agency’s intent to comply with the state statute.
▪ Other Land Use Actions Potentially Subject to ALUC
Review—In addition to the above actions, ALUCPs may
identify certain major land use actions for which referral to the ALUC is dependent upon agreement between the
local agency and ALUC. If the local agency fully complies with all of the items in this general plan consistency check list or has taken the necessary steps to overrule the
ALUC, then referral of the additional actions is voluntary.

On the other hand, a local agency may elect not to
incorporate all of the necessary compatibility criteria and review procedures into its own policies. In this case,
referral of major land use actions to the ALUC is
mandatory. Local policies should indicate the local
agency’s intentions in this regard.
▪ Process for Compatibility Reviews by Local
Jurisdictions—If a local agency chooses to submit only the mandatory actions for ALUC review, then it must establish a policy indicating the procedures which will be used to assure that airport compatibility criteria are addressed during review of other projects. Possibilities include: a standard review procedure checklist which includes reference to compatibility criteria; use of a geographic information system to identify all parcels within the airport influence area; etc.
▪ Variance Procedures—Local procedures for granting of
variances to the zoning ordinance must make certain that any such variances do not result in a conflict with the compatibility criteria. Any variance that involves issues of noise, safety, airspace protection, or overflight compatibility as addressed in the ALUCP must be referred to the ALUC for review.
▪ Enforcement—Policies must be established to assure
compliance with compatibility criteria during the lifetime of the development. Enforcement procedures are especially
necessary with regard to limitations on usage intensities and the heights of trees. An airport combining district zoning ordinance is one means of implementing enforcement
requirements.

Source: California Airport Land Use Planning Handbook (October 2011) 1187
Appendix E
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) E-1 Appendix E Sample Implementation Documents SAM PLE IM PLEM ENTATION DOCUM ENTS

SAM PLE IM PLEM ENTATION DOCUM ENTS

INTRODUCTION
The responsibility for implementation of the compatibility criteria set forth in the Napa Countywide Airport Land Use Compatibility Plan (ALUCP) rests largely with the Local Agencies in Napa County.

Modification of general plans and specific plans for consistency with this ALUCP is the major step in this process. However, not all of the measures necessary for achievement of airport land use compatibility are necessarily included in general plans and specific plans. Other types of documents also serve to implement the ALUCP policies. Samples of such implementation documents are included in this appendix.

AIRPORT COMBINING ZONE ORDINANCE
One option that the affected local jurisdictions can utilize to implement airport land use compatibility criteria and associated policies is adoption of an airport combining zone ordinance. An airport combining zone ordinance is a way of collecting various airport-related development conditions into one local policy document. Adoption of a combining zone is not required but is suggested as an option. ExhibitE-2 describes some of the potential components of an airport combining zone ordinance.

BUYER AWARENESS MEASURES
Buyer awareness is an umbrella category for several types of implementation documents, all of which have the objective of ensuring that prospective buyers of airport area property, particularly residential property, are informed about the airport’s impact on the property. The ALUCP policies include each of these measures.
▪ Avigation Easement—Avigation easements transfer certain property rights from the owner of the underlying property to the owner of an airport or, in the case of military airports, to a local government agency on behalf of the federal government (the U.S. Department of Defense is not authorized to accept avigation easements) (see ExhibitE-1). This ALUCP requires avigation easement dedication as a condition for approval of development on property subject to high noise levels or a need to restrict heights of structures and trees to less than might ordinarily occur on the property. Specific easement dedication requirements are set forth in this ALUCP. Also, airports may require avigation easements in conjunction with programs for noise insulation of existing structures in the airport vicinity. A sample of a standard avigation easement is included in ExhibitE-3.
1188

APPENDIX E SAMPLE IMPLEMENTATION DOCUMENTS
E-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT E-1: AVIGATION EASEMENTS
Source: Mead & Hunt, Inc. 2020
▪ Recorded Overflight Notification—An overflight notification informs property owners that the property is subject to aircraft overflight and generation of noise and other impacts. No restrictions on the heights of objects, requirements for marking or lighting of objects, or access to the property for these purposes are included. An overflight notification serves only as buyer acceptance of overflight conditions. Suggested wording of an overflight notification is included in ExhibitE-4. Unlike an avigation easement, overflight easement, or other type of easement, an overflight notification is not a conveyance of property rights. However, like an easement, an overflight notification is recorded on the property deed and, therefore, remains in effect with sale of the property to subsequent owners. Overflight notifications are generally appropriate in areas outside the 60 dB CNEL noise contour, outside Safety Zones, and within areas where the height of structures and other objects would not pose a significant potential of being airspace obstruction hazards.
▪ Airport Proximity Disclosure—A less definitive, but more all-encompassing, form of buyer awareness measure is for the ALUC and local jurisdictions to establish a policy indicating that information about and airport’s influence area should be disclosed to prospective buyers of all airport-vicinity properties prior to transfer of title. The advantage of this type of program is that it applies to previously existing land uses as well as to new development. The requirement for disclosure of information about the proximity of an airport has been present in state law for some time, but legislation adopted in 2002 and effective in January 2004 explicitly ties the requirement to the airport influence areas established by airport land use commissions (see Appendix A for excerpts from sections of the Business and Professions Code and Civil Code that define these requirements). With certain exceptions, these statutes require disclosure of a property’s location within an airport influence area under any of the following three circumstances: (1) sale or lease of subdivided lands; (2) sale of common interest developments; and (3) sale of residential real property. In each case, the disclosure statement to be used is defined by state law as follows:
1189

SAMPLE IMPLEMENTATION DOCUMENTS APPENDIX E
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) E-3

APPENDIX E SAMPLE IMPLEMENTATION DOCUMENTS
E-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT E-2: SAMPLE AIRPORT COMBINING ZONE COMPONENTS
An airport compatibility combining zoning ordinance might include some or all of the following components:
▪ Airspace Protection—A combining district can establish restrictions on the height of buildings, antennas, trees, and other objects as necessary to protect the airspace needed for operation of the airport. These restrictions should be based upon the current version of the Federal Aviation
Regulations (FAR) Part 77, Objects Affecting Navigable
Airspace, Subpart C. Additions or adjustment to take into account instrument approach (TERPS) surfaces should be
made as necessary. Provisions prohibiting smoke, glare, bird attractions, and other hazards to flight should also be included.
▪ FAA Notification Requirements—Combining districts
also can be used to ensure that project developers are
informed about the need for compliance with the
notification requirements of FAR Part 77. Subpart B of the regulations requires that the proponent of any project
which exceeds a specified set of height criteria submit a Notice of Proposed Construction or Alteration (Form 7460- 1) to the Federal Aviation Administration prior to
commencement of construction. The height criteria
associated with this notification requirement are lower than those spelled out in Part 77, Subpart C, which define airspace obstructions. The purpose of the notification is to determine if the proposed construction would constitute a potential hazard or obstruction to flight. Notification is not required for proposed structures that would be shielded by existing structures or by natural terrain of equal or greater height, where it is obvious that the proposal would not adversely affect air safety.
▪ State Regulation of Obstructions—State law prohibits
anyone from constructing or altering a structure or altering a structure or permitting an object of natural growth to exceed the heights established by FAR Part 77, Subpart
C, unless the FAA has determined the object would or
does not constitute a hazard to air navigation (Public
Utilities Code, Section 21659). Additionally, a permit from the Department of Transportation is required for any
structure taller than 500 feet above the ground unless the height is reviewed and approved by the Federal
Communications Commission or the FAA (Section 21656).
▪ Designation of High Noise-Impact Areas—California
state statutes require that multi-family residential
structures in high-noise exposure areas be constructed so as to limit the interior noise to a Community Noise
Equivalent Level of no more than 45 dB. A combining
district could be used to indicate the locations where
special construction techniques may be necessary in
order to ensure compliance with this requirement. The
combining district also could extend this criterion to singlefamily dwellings. ▪ Maximum Densities/Intensities—Airport noise and safety compatibility criteria are frequently expressed in terms of dwelling units per acre for residential uses and people per acre for other land uses. These standards can either be directly included in a combining zone or used to modify the underlying land use designations. For residential land uses, the correlation between the compatibility criteria and land use designations is direct. For other land uses, the method of calculating the intensity limitations needs to be defined.

Alternatively, a matrix can be established indicating whether each specific type of land use is compatible with each
compatibility zone. To be useful, the land use categories need to be more detailed than typically provided by general plan or zoning ordinance land use designations.
▪ Open Areas for Emergency Landing of Aircraft—In most
circumstances in which an accident involving a small aircraft occurs near an airport, the aircraft is under control as it descends. When forced to make an off-airport emergency
landing, pilots will usually attempt to do so in the most open areas readily available. To enhance safety both for people on the ground and the occupants of the aircraft, airport
compatibility plans often contain criteria requiring a certain amount of open land near airports. These criteria are most effectively carried out by planning at the general or specific plan level, but may also need to be included in a combining district so that they will be applied to development of large parcels. Adequate open areas can often be provided by
clustering of development on adjacent land.
▪ Areas of Special Compatibility Concern—A significant
drawback of standard general plan and zoning ordinance
land use designations is that they can be changed. Uses that are currently compatible are not assured of staying that way in the future. Designation of areas of special compatibility concern would serve as a reminder that airport impacts
should be carefully considered in any decision to change the existing land use designation. [A legal consideration which supports the value of this concept is that down-zoning of a property to a less intensive use is becoming more difficult. It is much better not to have inappropriately up-zoned the property in the first place.]
▪ Real Estate Disclosure Policies—The geographic extent and specific language of recommended real estate
disclosure statements can be described in an airport
combining zone ordinance.
1191

SAMPLE IMPLEMENTATION DOCUMENTS APPENDIX E
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) E-5 EXHIBIT E-3: TYPICAL AVIGATION EASEMENT

TYPICAL AVIGATION EASEMENT
[Airport Name]
This indenture made this _____ day of ____________, 20__, between _________________________ hereinafter referred to as Grantor, and the [Agency Name], a political subdivision in the State of California, hereinafter referred to as Grantee.

The Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant to the Grantee, its successors and assigns, a perpetual and assignable easement over the following described parcel of land in which the Grantor holds a fee simple estate. The property which is subject to this easement is depicted as _____________________ on “Exhibit A” attached and is more particularly described as follows:
[Insert legal description of real property]
The easement applies to the Airspace above an imaginary plane over the real property. The plane is described as follows:

The imaginary plane above the hereinbefore described real property, as such plane is defined by Part 77 of the Code of Federal Regulations, and consists of a plane [describe approach, transition, or horizontal surface]; the elevation of said plane being based upon the [Airport Name] official airport elevation of ___ feet Above Mean Sea Level (AMSL), as determined by the Airport Layout Plan, the approximate dimensions of which said plane are described and shown on Exhibit A attached hereto and incorporated herein by reference.

The aforesaid easement and right-of-way includes, but is not limited to:
(1) For the use and benefit of the public, the easement and continuing right to fly, or cause or permit the flight by any and all persons, or any aircraft, of any and all kinds now or hereafter known, in, through, across, or about any portion of the Airspace hereinabove described; and (2) The easement and right to cause or create, or permit or allow to be caused and created within all space above the existing surface of the hereinabove described real property and any and all Airspace laterally adjacent to said real property, such noise, vibration, currents and other effects of air illumination and fuel consumption as may be inherent in, or may arise or occur from or during the operation of aircraft of any and all kinds, now or hereafter known or used, for navigation of or flight in air; and (3) A continuing right to clear and keep clear from the Airspace any portions of buildings, structures or improvements of any kinds, and of trees or other objects, including the right to remove or demolish those portions of such buildings, structures, improvements, trees, or other things which extend into or above said Airspace, and the right to cut to the ground level and remove, any trees which extend into or above the Airspace; and
(4) The right to prohibit or restrict land uses or site features that could attract hazardous wildlife to an Airport Influence Area;
(5) The right to mark and light, or cause or require to be marked and lighted, as obstructions to air navigation, any and all buildings, structures or other improvements, and trees or other objects, which extend into or above the Airspace; and
(6) The right of ingress to, passage within, and egress from the hereinabove described real property, for the purposes described in subparagraphs (3) and (4) above at reasonable times and after reasonable notice.

For and on behalf of itself, its successors and assigns, the Grantor hereby covenants with the [Agency Name], for the direct benefit of the real property constituting the [Airport Name] hereinafter described, that neither the Grantor, nor its successors in interest or assigns will construct, install, erect, place or grow, in or upon the hereinabove described real property, nor will they permit or allow any building structure, improvement, tree, or other object to extend into or above the Airspace so as to constitute an obstruction to air navigation or to obstruct or interfere with the use of the easement and rights-of-way herein granted. If Grantor fails to comply with the foregoing obligations within ten (10) days after Grantee gives written notice of violation to Grantor by depositing said notice in the United States mail, Grantee may enter the above-described real property for the purposes described in subparagraphs (3) and/or (4), above, and charge Grantor for the cost thereof. 1192

APPENDIX E SAMPLE IMPLEMENTATION DOCUMENTS
E-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) The easements and rights-of-way herein granted shall be deemed both appurtenant to and for the direct benefit of that real property which constitutes the [Airport Name], in the County of Napa, State of California; and shall further be deemed in gross, being conveyed to the Grantee for the benefit of the Grantee and any and all members of the general public who may use said easement or right-of-way, in landing at, taking off from or operating such aircraft in or about the [Airport Name], or in otherwise flying through said Airspace.

Grantor, together with its successors in interest and assigns, hereby waives its right to legal action against Grantee, its successors or assigns for monetary damages or other redress due to impacts, as described in paragraph (2) of the granted rights of easement, associated with aircraft operations in the air or on the ground at the airport, including future increases in the volume or changes in location of said operations. Furthermore, Grantee, its successors, and assigns shall have no duty to avoid or mitigate such damages through physical modification of airport facilities or establishment or modification of aircraft operational procedures or restrictions. However, this waiver shall not apply if the airport role or character of its usage (as identified in an adopted airport master plan, for example) changes in a fundamental manner which could not reasonably have been anticipated at the time of the granting of this easement and which results in a substantial increase in the in the impacts associated with aircraft operations. Also, this grant of easement shall not operate to deprive the Grantor, its successors or assigns of any rights which may from time to time have against any air carrier or private operator for negligent or unlawful operation of aircraft.

These covenants and agreements run with the land and are binding upon the heirs, administrators, executors, successors and assigns of the Grantor, and, for the purpose of this instrument, the real property firstly hereinabove described is the servient tenement and said [Airport Name] is the dominant tenement.

DATED
STATE OF }
ss
COUNTY OF }
On _____________________, before me, the undersigned, a Notary Public in and for said County and State personally appeared __________________, and ________________ known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same.

WITNESS my hand and official seal.

Notary Public
Source: Modified from California Airport Land Use Planning Handbook (January 2002) 1193

SAMPLE IMPLEMENTATION DOCUMENTS APPENDIX E
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) E-7 EXHIBIT E-4: SAMPLE RECORDED OVERFLIGHT NOTIFICATION

RECORDED OVERFLIGHT NOTIFICATION
This Overflight Notification concerns the real property situated in the County of Napa and the City of _______________________, State of California, described as ____________________________________[APN No.: _______].

This Overflight Notification provides notification of the condition of the above described property in recognition of, and in compliance with, CALIFORNIA BUSINESS & PROFESSIONS CODE Section 11010 and CALIFORNIA CIVIL CODE Sections 1102.6, 1103.4 and 1353, effective January 1, 2004, and related state and local regulations and consistent with policies of the Airport Land Use Commission for Napa County for overflight notification provided in the Napa Countywide Airport Land Use Compatibility Plan.

NOTICE OF AIRPORT IN VICINITY: This property is located in the vicinity of an airport and within the airport influence area. The property may be subject to some of the annoyances or inconveniences associated with proximity to an airport and aircraft operations (for example: noise, vibration, overflights or odors). Individual sensitivities to those annoyances can vary from person to person. You should consider what airport annoyances, if any, affect the Property before you complete your purchase and whether they are acceptable to you.

The Federal Aviation Administration (FAA) has regulatory authority over the operation of aircraft in flight and on the runway and taxiway surfaces at [Airport Name]. The FAA is, therefore, exclusively responsible for airspace and air traffic management, including ensuring the safe and efficient use of navigable airspace, developing air traffic rules, assigning the use of airspace and controlling air traffic. Please contact the FAA for more detailed information regarding overflight and airspace protection issues associated with the operation of military aircraft.

The airport operator, the [Agency Name], maintains information regarding hours of operation and other relevant information regarding airport operations. Please contact your local airport operator for more detailed information regarding airport specific operational issues including hours of operation.

This Overflight Notification shall be duly recorded with the Napa County Assessor’s Office, shall run with the Property, and shall be binding upon all parties having or acquiring any right, title or interest in the Property.

Effective Date:_________, 20__
Source: California Airport Land Use Planning Handbook (January 2002) 1194

APPENDIX E SAMPLE IMPLEMENTATION DOCUMENTS
E-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
1195
Appendix F
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) F-1 Appendix F Referral Form

REFERR AL FORM

PROJECT APPLICATION

FOR LAND USE

ACTION REVIEW
ALUC Identification No.

PROJECT PROPONENT (TO BE COMPLETED BY APPLICANT)
Date of Application
Applicant Phone Number
Mailing Address
Agent (if any) Phone Number
Mailing Address

PROJECT LOCATION (TO BE COMPLETED BY APPLICANT)
Attach an accurately scaled map showing the relationship of the project site to the airport boundary and runways Street Address
Assessor’s Parcel No. Parcel Size
Subdivision Name Zoning
Lot Number Classification

PROJECT DESCRIPTION (TO BE COMPLETED BY APPLICANT)
If applicable, attach a detailed site plan showing ground elevations, the location of structures, open spaces and water bodies, and the heights of structures and trees; include additional project description data as needed Existing Land Use
(describe)
Proposed Land Use
(describe)
For Residential Uses Number of Parcels or Units on Site (exclude secondary units) For Other Land Uses Hours of Use
Number of People Maximum Number
On Site… Method of Calculation
Height Data Height above Ground of Tallest Object (including antennas and trees) ft.

Highest Elevation (above sea level) of Any Object or Terrain on Site ft.

Flight Hazards Does the Project Involve Characteristics that:
▪ Could Create Electrical Interference, Confusing Lights, Glare, Smoke, or Other Electrical or Visual Hazards to Aircraft Flight? ☐ Yes ☐ No ▪ Could Attract Birds or Other Wildlife to the Airport or Vicinity? ☐ Yes ☐ No If Yes, Describe
1196

APPENDIX F REFERRAL FORM
F-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

REFERRING AGENCY (TO BE COMPLETED BY SUBMITTING AGENCY STAFF) Date Received Type of Project
Agency Name ☐ General Plan Amendment
☐ Zoning Amendment or Variance
Staff Contact ☐ Subdivision Approval
Phone Number ☐ Use Permit
Agency’s Project No. ☐ Public Facility
☐ Other
Inter-Agency Coordination: Indicate neighboring agencies that have been notified of project. ☐ City of Napa ☐ City of American Canyon ☐ County of Napa ☐ Other __________________

ALUC REVIEW (TO BE COMPLETED BY ALUC STAFF / ATTACH ADDITIONAL PAGES IF NECESSARY) Application Date Received By
Receipt Is Application Complete? ☐ Yes ☐ No
If no, cite reasons
Airport ☐ Napa County Airport ☐ Angwin Airport – Parrett Field Land Use Category/Categories
Compatibility Zones Angwin Airport – Parrett Field ☐ A ☐ B - - ☐ C ☐ D1 ☐ D2 ☐ E Napa County Airport ☐ A ☐ B1 ☐ B2 ☐ B3 ☐ C ☐ D1 ☐ D2 ☐ E Land Use Acceptability ☐ Normally Compatible ☐ Conditional ☐ Incompatible Sitewide Avg. Density/Intensity
Criteria Met? ☐ Yes ☐ No
Single-Acre Density/Intensity
Criteria Met? ☐ Yes ☐ No
Sound Attenuation Required? ☐ Yes ☐ No
Other Applicable Conditions
Met? ☐ Yes ☐ No
Airspace Protection Height Acceptable? ☐ Yes ☐ No
Compatibility FAA Notified if Applicable? ☐ Yes ☐ No
Other Hazards to Flight
Excluded? ☐ Yes ☐ No
Other Requirements Avigation Easement Required? ☐ Yes ☐ No Recorded Overflight Notification
Required? ☐ Yes ☐ No
Executed? ☐ Yes ☐ No
Special Site/Project Infill Parcel? ☐ Yes ☐ No
Conditions Other (describe)

ACTIONS TAKEN (TO BE COMPLETED BY ALUC STAFF)
ALUC Staff ☐ Approve as Submitted Date
Action ☐ Refer to ALUC ☐ Include Conditions?
Conditions:

ALUC ☐ Consistent Date
Action ☐ Consistent with Conditions (list conditions / attach additional pages if needed) ☐ Inconsistent (list reasons / attach additional pages if needed) 1197

REFERRAL FORM APPENDIX F
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) F-3 EXHIBIT F-1: ACTIONS ALWAYS SUBJECT TO ALUC REVIEW
See ALUC Policy Sections 2.4, 2.9, and 2.11.

Notes:

1. Actions requiring mandatory referral to the Airport Land Use Commission (ALUC) include new or amended general plans, specific plans, facility master plans, airport master plans, zoning ordinances, rezoning of property, and building regulations, as well as Special Conditions Exceptions sought under Policy 3.2.4.

2. Source: Mead & Hunt, Inc. 2021
1198

APPENDIX F REFERRAL FORM
F-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT F-2: MAJOR LAND USE ACTIONS SUBJECT TO ALUC REVIEW See ALUC Policy Sections 2.5, 2.6, and 2.10.

Notes:

1. If project includes a proposed rezoning, it requires mandatory referral to the Airport Land Use Commission (ALUC) (see Exhibit F-1).

2. Source: Mead & Hunt, Inc. 2021
1199
Appendix G
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) G-1 Appendix GGlossary of Terms

GLOSSAR Y OF TERMS

GLOSSARY
Term Definition
14 Code of Federal
Regulations (CFR)
Part 77
The part of Federal Aviation Regulations that deals with objects affecting navigable airspace in the vicinity of airports. Objects that exceed the Part 77 height limits constitute airspace obstructions. CFR Part 77 establishes standards for identifying obstructions to navigable airspace, sets forth requirements for notice to the FAA of certain proposed construction or alteration, and provides for aeronautical studies of obstructions to determine their effect on the safe and efficient use of airspace. 14 CFR Part 77
Surfaces
Imaginary airspace surfaces established with relation to each runway of an airport. There are five types of surfaces: (1) primary; (2) approach; (3) transitional; (4) horizontal; and (5) conical.

Above Ground Level
(AGL)
An elevation datum given in feet above ground level.

Accessory Dwelling
Unit
An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. [Gov Code 66314]
Accident Potential
Zones (APZs)
A set of safety-related zones defined by AICUZ studies for areas beyond the ends of military airport runways. Typically, three types of zones are established: a clear zone closest to the runway end, then APZ I and APZ II. The potential for aircraft accidents and the corresponding need for land use restrictions is greatest with the clear zone and diminish with increased distance from the runway.

Acre A unit of land measure equal to 43,560 square feet.

Advanced Air Mobility
(AAM)
A broad concept focusing on emerging aviation markets and use cases for urban, suburban and rural operations. AAM includes local use cases of about a 50-mile radius in rural or urban areas, and intraregional use cases up to a few hundred miles.

Air Carriers The commercial system of air transportation, consisting of the certificated air carriers, air taxis (including commuters), supplemental air carriers, commercial operators of large aircraft, and air travel clubs.
1200

APPENDIX G GLOSSARY OF TERMS
G-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Air Installation
Compatible Use Zones
(AICUZ)
A land use compatible plan prepared by the U.S. Department of Defense for military airfields. AICUZ plans serve as recommendations to local governments bodies having jurisdiction over land uses surrounding these facilities.

Air Operations Area
(AOA)
All airport areas where aircraft can operate, either under their own power or while in tow.

The AOA includes runways, taxiways, and apron areas.

Aircraft Accident An occurrence incident to flight in which, as a result of the operation of an aircraft, a person (occupant or nonoccupant) receives fatal or serious injury or an aircraft receives substantial damage.
▪ Except as provided below, substantial damage means damage or structural failure that adversely affects the structural strength, performance, or flight characteristics of the aircraft, and that would normally require major repair or replacement of the affected component.
▪ Engine failure, damage limited to an engine, bent fairings or cowling, dented skin, small puncture holes in the skin or fabric, ground damage to rotor or propeller blades, damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wingtips are not considered substantial damage.

Aircraft Incident A mishap associated with the operation of an aircraft in which neither fatal nor serious injuries nor substantial damage to the aircraft occurs.

Aircraft Mishap The collective term for an aircraft accident or an incident.

Aircraft Operation The airborne movement of aircraft at an airport or about an en route fix or at other point where counts can be made. There are two types of operations: local and itinerant. An operation is counted for each landing and each departure, such that a touch-and-go flight is counted as two operations. (FAA Stats)
Airport An area of land or water that is used or intended to be used for the landing and taking off of aircraft, and includes its buildings and facilities if any. (FAR 1) Airport Elevation The highest point of an airport’s useable runways, measured in feet above mean sea level. (AIM)
Airport Land Use
Commission (ALUC)
A commission authorized under the provisions of California Public Utilities Code, Section 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 Layout Plan
(ALP)
A scale drawing of existing and proposed airport facilities, their location on an airport, and the pertinent clearance and dimensional information required to demonstrate conformance with applicable standards.

Airport Master Plan
(AMP)
A long-range plan for development of an airport, including descriptions of the data and analyses on which the plan is based.

Airport Reference
Code (ARC)
A coding system used to relate airport design criteria to the operation and physical characteristics of the airplanes intended to operate at an airport. (Airport Design AC) Airports, Classes of For the purposes of issuing a Site Approval Permit, The California Department of Transportation, Division of Aeronautics classifies airports into the following categories:
(CCR)
▪ Agricultural Airport or Heliport: An airport restricted to use only be agricultural aerial applicator aircraft (FAR Part 137 operators).
1201

GLOSSARY OF TERMS APPENDIX G
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) G-3 ▪ Emergency Medical Services (EMS) Landing Site: A site used for the landing and taking off of EMS helicopters that is located at or as near as practical to a medical emergency or at or near a medical facility and
(1) has been designated an EMS landing site by an officer authorized by a public safety agency, as defined in Public Utility Code Section 21662.1, using criteria that the public safety agency has determined is reasonable and prudent for the safe operation of EMS helicopters and
(2) is used, over any twelve month period, for no more than an average of six landings per month with a patient or patients on the helicopter, except to allow for adequate medical response to a mass casualty event even if that response causes the site to be used beyond these limits, and
(3) is not marked as a permitted heliport as described in Section 3554 of these regulations and
(4) is used only for emergency medical purposes.
▪ Heliport on Offshore Oil Platform: A heliport located on a structure in the ocean, not connected to the shore by pier, bridge, wharf, dock or breakwater, used in the support of petroleum exploration or production.
▪ Personal-Use Airport: An airport limited to the non-commercial use of an individual owner or family and occasional invited guests.
▪ Public-Use Airport: An airport that is open for aircraft operations to the general public and is listed in the current edition of the Airport/Facility Directory that is published by the National Ocean Service of the U.S. Department of Commerce. ▪ Seaplane Landing Site: An area of water used, or intended for use, for landing and takeoff of seaplanes.
▪ Special-Use Airport or Heliport: An airport not open to the general public, access to which is controlled by the owner in support of commercial activities, public service operations, and/or personal use.
▪ Temporary Helicopter Landing Site: A site, other than an emergency medical service landing site at or near a medical facility, which is used for landing and taking off of helicopters and
(1) is used or intended to be used for less than one year, except for recurrent annual events and
(2) is not marked or lighted to be distinguishable as a heliport and (3) is not used exclusively for helicopter operations.

Ambient Noise Level The level of noise that is all encompassing within a given environment for which a single source cannot be determined. It is usually a composite of sounds from many and varied sources near to and far from the receiver.

Annexation The incorporation of land area into the jurisdiction of an existing city with a resulting change in the boundaries of that city.

Approach Protection
Easement
A form of easement that both conveys all of the rights of an avigation easement and sets specified limitations on the type of land uses allowed to be developed on the property.

Approach Speed The recommended speed contained in aircraft manuals used by pilots when making an approach to landing. This speed will vary for different segments of an approach as well as for aircraft weight and configuration. (AIM)
1202

APPENDIX G GLOSSARY OF TERMS
G-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Aviation-Related Use Any facility or activity directly associated with the air transportation of persons or cargo or the operation, storage, or maintenance of aircraft at an airport or heliport. Such uses specifically include runways, taxiways, and their associated protected areas defined by the Federal Aviation Administration, together with aircraft aprons, hangars, fixed base operations, terminal buildings, etc.

Avigation Easement A type of easement that typically conveys the following rights:
▪ A right-of-way for free and unobstructed passage of aircraft through the airspace over the property at any altitude above a surface specified in the easement (usually set in accordance with CFR Part 77 criteria).
▪ A right to subject the property to noise, vibrations, fumes, dust, and fuel particle emissions associated with normal airport activity.
▪ A right to prohibit the erection or growth of any structure, tree, or other object that would enter the acquired airspace.
▪ The right to prohibit or restrict land uses or site features that could attract hazardous wildlife to an Airport Influence Area;
▪ A right-of-entry onto the property, with proper advance notice, for the purpose of removing, marking, or lighting any structure or other object that enters the acquired airspace.
▪ A right to prohibit electrical interference, glare, misleading lights, visual impairments, and other hazards to aircraft flight from being created on the property.

Based Aircraft Aircraft stationed at an airport on a long-term basis.

California
Environmental Quality
Act (CEQA)
Statutes adopted by the state legislature for the purpose of maintaining a quality environment for the people of the state now and in the future. The Act establishes a process for state and local agency review of projects, as defined in the implementing guidelines that may adversely affect the environment.

Ceiling Height above the earth’s surface to the lowest layer of clouds or obscuring phenomena. (AIM)
Circling
Approach/Circle-toLand Maneuver
A maneuver initiated by the pilot to align the aircraft with a runway for landing when a straight-in landing from an instrument approach is not possible or not desirable. (AIM) Clear Zone The military airport equivalent of runway protection zones at civilian airports.

Combining District A zoning district that establishes development standards in areas of special concern over and above the standards applicable to basic underlying zoning districts.

Commercial Activities Airport-related activities that may offer a facility, service or commodity for sale, hire or profit. Examples of commodities for sale are: food, lodging, entertainment, real estate, petroleum products, parts and equipment. Examples of services are: flight training, charter flights, maintenance, aircraft storage, and tiedown. (CCR) Commercial Operator A person who, for compensation or hire, engages in the carriage by aircraft in air commerce of persons or property, other than as an air carrier. (FAR 1) Community Noise
Equivalent Level
(CNEL)
The noise metric adopted by the State of California for evaluating airport noise. It represents the average daytime noise level during a 24-hour day, adjusted to an equivalent level to account for the lower tolerance of people to noise during evening and nighttime periods relative to the daytime period. (State Airport Noise Standards) Compatible Capable of existing together without conflict or ill effects. 1203

GLOSSARY OF TERMS APPENDIX G
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) G-5 Compatibility Plan As used herein, a plan, usually adopted by an Airport Land Use Commission that sets forth policies for promoting compatibility between airports and the land uses that surround them. Often referred to as a Comprehensive Land Use Plan (CLUP).

Controlled Airspace Any of several types of airspace within which some or all aircraft may be subject to air traffic control. (FAR 1)
Day-Night Average
Sound Level (DNL)
The noise metric adopted by the U.S. Environmental Protection Agency for measurement of environmental noise. It represents the average daytime noise level during a 24-hour day, measured in decibels and adjusted to account for the lower tolerance of people to noise during nighttime periods. The mathematical symbol is Ldn.

Decibel (dB) A unit measuring the magnitude of a sound, equal to the logarithm of the ratio of the intensity of the sound to the intensity of an arbitrarily chosen standard sound, specifically a sound just barely audible to an unimpaired human ear. For environmental noise from aircraft and other transportation sources, an A-weighted sound level (abbreviated dBA) is normally used. The A-weighting scale adjusts the values of different sound frequencies to approximate the auditory sensitivity of the human ear.

Deed Notice A formal statement added to the legal description of a deed to a property and on any subdivision map. As used in airport land use planning, a deed notice would state that the property is subject to aircraft overflights. Deed notices are used as a form of buyer notification as a means of ensuring that those who are particularly sensitive to aircraft overflights can avoid moving to the affected areas.

Density The number of dwelling units per unit of land. Density usually is expressed “per acre” (e.g., a development with 100 units located on 20 acres has density of 5.0 units per acre).

Designated Body A local government entity, such as a regional planning agency or a county planning commission, chosen by the county board of supervisors and the selection committee of city mayors to act in the capacity of an airport land use commission.

Displaced Threshold A landing threshold that is located at a point on the runway other than the designated beginning of the runway (see Threshold). (AIM)
Dwelling Unit Any building, structure or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. (HUD)
Easement A less-than-fee-title transfer of real property rights from the property owner to the holder of the easement.

Equivalent Sound
Level (Leq)
The level of constant sound that, in the given situation and time period, has the same average sound energy as does a time-varying sound.

Federal Aviation
Administration (FAA)
The U.S. government agency that is responsible for ensuring the safe and efficient use of the nation’s airports and airspace.

Federal Aviation
Regulations (FAR)
Regulations formally issued by the FAA to regulate air commerce.

Findings Legally relevant subconclusions that expose a government agency’s mode of analysis of facts, regulations, and policies, and that bridge the analytical gap between raw data and ultimate decision.
1204

APPENDIX G GLOSSARY OF TERMS
G-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Fixed Base Operator
(FBO)
A business that operates at an airport and provides aircraft services to the general public including, but not limited to, sale of fuel and oil; aircraft sales, rental, maintenance, and repair; parking and tiedown or storage of aircraft; flight training; air taxi/charter operations; and specialty services, such as instrument and avionics maintenance, painting, overhaul, aerial application, aerial photography, aerial hoists, or pipeline patrol.

General Aviation That portion of civil aviation that encompasses all facets of aviation except air carriers. (FAA Stats)
General Plan A legal document, adopted by the legislative body of a city or county, setting forth policies regarding long-term development. California law requires the preparation of seven elements or chapters in the General Plan: Land Use, Housing, Circulation, Conservation, Open Space, Noise, and Safety. Additional elements are permitted, such as Economic Development, Urban Design, and similar local concerns.

Glide Slope An electronic signal radiated by a component of an ILS to provide vertical guidance for aircraft during approach and landing.

Global Positioning
System (GPS)
A navigational system that utilizes a network of satellites to determine a positional fix almost anywhere on or above the earth. Developed and operated by the U.S. Department of Defense, GPS has been made available to the civilian sector for surface, marine, and aerial navigational use. For aviation purposes, the current form of GPS guidance provides en route aerial navigation and selected types of nonprecision instrument approaches.

Eventual application of GPS as the principal system of navigational guidance throughout the world is anticipated.

Helipad A small, designated area, usually with a prepared surface, on a heliport, airport, landing/takeoff area, apron/ramp, or movement area used for takeoff, landing, or parking of helicopters. (AIM)
Heliport A facility used for operating, basing, housing, and maintaining helicopters. (HAI) Infill Development that takes place on vacant property (usually individual lots or left-over properties) within areas that are largely surrounded by existing development, especially development that is similar in character.

Instrument Approach
Procedure
A series of predetermined maneuvers for the orderly transfer of an aircraft under instrument flight conditions from the beginning of the initial approach to a landing or to a point from which a landing may be made visually. It is prescribed and approved for a specific airport by competent authority (refer to Nonprecision Approach Procedure and Precision Approach Procedure). (AIM)
Instrument Flight
Rules (IFR)
Rules governing the procedures for conducting instrument flight. Generally, IFR applies when meteorological conditions with a ceiling below 1,000 feet and visibility less than 3 miles prevail. (AIM)
Instrument Landing
System (ILS)
A precision instrument approach system that normally consists of the following electronic components and visual aids: (1) Localizer; (2) Glide Slope; (3) Outer Marker; (4) Middle Marker; (5) Approach Lights. (AIM)
Instrument Operation An aircraft operation in accordance with an IFR flight plan or an operation where IFR separation between aircraft is provided by a terminal control facility. (FAA ATA) Instrument Runway A runway equipped with electronic and visual navigation aids for which a precision or nonprecision approach procedure having straight-in landing minimums has been approved. (AIM)
1205

GLOSSARY OF TERMS APPENDIX G
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) G-7 Inverse Condemnation An action brought by a property owner seeking just compensation for land taken for a public use against a government or private entity having the power of eminent domain. It is a remedy peculiar to the property owner and is exercisable by that party where it appears that the taker of the property does not intend to bring eminent domain proceedings.

Land Use Density A measure of the concentration of land use development in an area. Mostly the term is used with respect to residential development and refers to the number of dwelling units per acre.

Land Use Intensity A measure of the concentration of nonresidential land use development in an area. For the purposes of airport land use planning, the term indicates the number of people per acre attracted by the land use.

Large Airplane An airplane of more than 12,500 pounds maximum certificated takeoff weight. (Airport Design AC)
Localizer (LOC) The component of an ILS that provides course guidance to the runway. (AIM) Mean Sea Level (MSL) An elevation datum given in feet from mean sea level.

Minimum Descent
Altitude (MDA)
The lowest altitude, expressed in feet above mean sea level, to which descent is authorized on final approach or during circle-to-land maneuvering in execution of a standard instrument approach procedure where no electronic glide slope is provided. (FAR 1)
Missed Approach A maneuver conducted by a pilot when an instrument approach cannot be completed to a landing. (AIM)
Mixed-Use Properties on which various uses, such as office, commercial, institutional, and residential, are combined in a single building or on a single site in an integrated development project with significant functional interrelationships and a coherent physical design.

Multi-Family Dwelling
Unit
A building or portion thereof designed for or occupied by two or more families living independently of each other, including duplexes, quadplexes, apartments, and condominiums.

National
Transportation Safety
Board (NTSB)
The U.S. government agency responsible for investigating transportation accidents and incidents.

Navigational Aid
(Navaid)
Any visual or electronic device airborne or on the surface that provides point-to-point guidance information or position data to aircraft in flight. (AIM) Noise Contours Continuous lines of equal noise level usually drawn around a noise source, such as an airport or highway. The lines are generally drawn in 5-decibel increments so that they resemble elevation contours in topographic maps.

Noise Level Reduction
(NLR)
A measure used to describe the reduction in sound level from environmental noise sources occurring between the outside and the inside of a structure.

Nonconforming Use An existing land use that does not conform to subsequently adopted or amended zoning or other land use development standards.

Nonprecision
Approach Procedure
A standard instrument approach procedure in which no electronic glide slope is provided. (FAR 1)
1206

APPENDIX G GLOSSARY OF TERMS
G-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Nonprecision
Instrument Runway
A runway with an approved or planned straight-in instrument approach procedure that has no existing or planned precision instrument approach procedure. (Airport Design AC)
Obstruction Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used therein, the height of which exceed the standards established in Subpart C of Federal Aviation Regulations Part 77, Objects Affecting Navigable Airspace.

Overflight Any distinctly visible and/or audible passage of an aircraft in flight, not necessarily directly overhead.

Overflight Easement An easement that describes the right to overfly the property above a specified surface and includes the right to subject the property to noise, vibrations, fumes, and emissions. An overflight easement is used primarily as a form of buyer notification.

Overflight Zone The area(s) where aircraft maneuver to enter or leave the traffic pattern, typically defined by the FAR Part 77 horizontal surface.

Overlay Zone See Combining District.

Planning Area
Boundary
An area surrounding an airport designated by an ALUC for the purpose of airport land use compatibility planning conducted in accordance with provisions of the State Aeronautics Act.

Precision Approach
Procedure
A standard instrument approach procedure where an electronic glide slope is provided. (FAR 1)
Precision Instrument
Runway
A runway with an existing or planned precision instrument approach procedure. (Airport Design AC)
Referral Area The area around an airport defined by the planning area boundary adopted by an airport land use commission within which certain land use proposals are to be referred to the commission for review.

Runway Protection
Zone (RPZ)
An area (formerly called a clear zone) off the end of a runway used to enhance the protection of people and property on the ground. (Airport Design AC) Safety Zone For the purpose of airport land use planning, an area near an airport in which land use restrictions are established to protect the safety of the public from potential aircraft accidents.

Secondary Dwelling
Unit
An attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. (California Department of Housing and Community Development) Single-Event Noise As used in herein, the noise from an individual aircraft operation or overflight.

Single Event Noise
Exposure Level
(SENEL)
A measure, in decibels, of the noise exposure level of a single event, such as an aircraft flyby, measured over the time interval between the initial and final times for which the noise level of the event exceeds a threshold noise level and normalized to a reference duration of one second. SENEL is a noise metric established for use in California by the state Airport Noise Standards and is essentially identical to Sound Exposure Level (SEL).

Site Approval Permit A written approval issued by the California Department of Transportation authorizing construction of an airport in accordance with approved plans, specifications, and conditions. Both public-use and special-use airports require a site approval permit. (CCR) 1207

GLOSSARY OF TERMS APPENDIX G
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) G-9 Small Airplane An airplane of 12,500 pounds or less maximum certificated takeoff weight. (Airport Design AC)
Sound Exposure Level
(SEL)
A time-integrated metric (i.e., continuously summed over a time period) that quantifies the total energy in the A-weighted sound level measured during a transient noise event.

The time period for this measurement is generally taken to be that between the moments when the A-weighted sound level is 10 dB below the maximum.

Straight-In Instrument
Approach
An instrument approach wherein a final approach is begun without first having executed a procedure turn; it is not necessarily completed with a straight-in landing or made to straight-in landing weather minimums. (AIM)
Structure Something that is constructed or erected.

Taking Government appropriation of private land for which compensation must be paid as required by the Fifth Amendment of the U.S. Constitution. It is not essential that there be physical seizure or appropriation for a taking to occur, only that the government action directly interferes with or substantially disturbs the owner’s right to use and enjoyment of the property.

Terminal Instrument
Procedures (TERPS)
Procedures for instrument approach and departure of aircraft to and from civil and military airports. There are four types of terminal instrument procedures: precision approach, nonprecision approach, circling, and departure.

Threshold The beginning of that portion of the runway usable for landing (also see Displaced Threshold). (AIM)
Touch-and-Go An operation by an aircraft that lands and departs on a runway without stopping or exiting the runway. (AIM)
Traffic Pattern The traffic flow that is prescribed for aircraft landing at, taxiing on, or taking off from an airport. The components of a typical traffic pattern are upwind leg, crosswind leg, downwind leg, base leg, and final approach. (AIM)
Vertical Takeoff and
Landing (VTOL)
Aircraft
A vertical take-off and land (VTOL) aircraft that can take off, hover, and land vertically (FAA 2023).

Vertiport/Vertistop A facility intended to accommodate vertical takeoff and landing (VTOL) aircraft landing pads and parked aircraft. A vertistop includes a single landing pad and parking stall intended to accommodate one or two parked VTOL aircraft. (FAA 2023) Visual Approach An approach where the pilot must use visual reference to the runway for landing under VFR conditions.

Visual Flight Rules
(VFR)
Rules that govern the procedures for conducting flight under visual conditions. VFR applies when meteorological conditions are equal to or greater than the specified minimum-generally, a 1,000-foot ceiling and 3-mile visibility.

Visual Runway A runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan. (Airport Design AC) Zoning A police power measure, enacted primarily by units of local government, in which the community is divided into districts or zones within which permitted and special uses are established, as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within districts. A zoning ordinance consists of two parts: the text and a map. 1208

APPENDIX G GLOSSARY OF TERMS
G-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

GLOSSARY SOURCES
FAR 1: Federal Aviation Regulations Part 1, Definitions and Abbreviations AIM: Aeronautical Information Manual
Airport Design AC: Federal Aviation Administration, Airport Design Advisory Circular 150/5300-13 CCR: California Code of Regulations, Title 21, Section 3525 et seq., Division of Aeronautics FAA ATA: Federal Aviation Administration, Air Traffic Activity FAA Stats: Federal Aviation Administration, Statistical Handbook of Aviation FAA 2023: Federal Aviation Administration, Urban Air Mobility (UAM), Concept of Operations Version 2 HAI: Helicopter Association International
NTSB: National Transportation and Safety Board

ACRONYMS
AAM Advanced Air Mobility
AC Advisory Circular
AGL Above Ground Level
AIA Airport Influence Area
AIASP Airport Industrial Area Specific Plan
AICUZ Air Installation Compatible Use Zones
ALP Airport Layout Plan
ALUC Airport Land Use Commission
ALUCP Airport Land Use Compatibility Plan
AMP Airport Master Plan
ANG Angwin Airport – Parrett Field
AOA Air Operations Area
APC Napa County Airport
APZ Accident Potential Zones
ARC Airport Reference Code
ATCT Air Traffic Control Tower
CBC California Building Code
CEQA California Environmental Quality Act
CFR Code of Federal Regulations
CHP California Highway Patrol
CNEL Community Noise Equivalent Level
dB Decibel
DNL Day-Night Average Sound Level
FAA Federal Aviation Administration
FAR Federal Aviation Regulations
FBO Fixed Base Operator
1209

GLOSSARY OF TERMS APPENDIX G
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) G-11 GPS Global Positioning System
HIRL High-Intensity Runway Edge Lighting
IFR Instrument Flight Rules
ILS Instrument Landing System
LAFCOM Local Agency Formation Commission
LIRL Low Intensity Runway Lights
LLC Limited Liability Company
LNAV Lateral Navigation
LOC Localizer
LPV Localizer Performance with Vertical Guidance
LU Land Use
MALS Medium-Intensity Approach Lighting System
MALSR Medium Intensity Approach Lighting System with Runway Alignment Indicator Lights MDA Minimum Descent Altitude
MIRL Medium-Intensity Runway Edge Lighting
MP Master Plan
MSL Mean Sea Level
NAVAID Navigational Aid
NLR Noise Level Reduction
NTSB National Transportation Safety Board
OFA Object Free Area
PAPI Precision Approach Path Indicator
PDT Project Development Team
PUC Pacific Union College
RDC Runway Design Code
REILS Runway End Identifier Lights
RNAV Area Navigation
ROFA Runway Object Free Area
RPZ Runway Protection Zone
RSA Runway Safety Area
SEL Sound Exposure Level
SENEL Single Event Noise Exposure Level
TERPS Terminal Instrument Procedures
VFR Visual Flight Rules
VNAV Vertical Navigation
VOR Very High Frequency Omnidirectional Range
VTOL Vertical Takeoff and Landing
1210

APPENDIX G GLOSSARY OF TERMS
G-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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Appendix H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-1 Appendix H Adoption Resolutions

ADOPTION RESOLUTION S
1212

APPENDIX H ADOPTION RESOLUTIONS
H-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

ALUC FORMATION
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ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-3 1214

APPENDIX H ADOPTION RESOLUTIONS
H-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1215

ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-5 1216

APPENDIX H ADOPTION RESOLUTIONS
H-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1217

ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-7 1218

APPENDIX H ADOPTION RESOLUTIONS
H-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1219

ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-9 1220

APPENDIX H ADOPTION RESOLUTIONS
H-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1221

ADOPTION RESOLUTIONS APPENDIX H
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APPENDIX H ADOPTION RESOLUTIONS
H-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1223

ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-13 1224

APPENDIX H ADOPTION RESOLUTIONS
H-14 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)

ADOPTION RESOLUTION ANGWIN AIRPORT
1225

ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-15 1226

APPENDIX H ADOPTION RESOLUTIONS
H-16 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1227

ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-17

ADOPTION RESOLUTION NAPA COUNTY AIRPORT
1228

APPENDIX H ADOPTION RESOLUTIONS
H-18 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1229

ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-19 1230

APPENDIX H ADOPTION RESOLUTIONS
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1231
ORDINANCE NO. 2025-XX
AN ORDINANCE AMENDINGTHE ZONINGCODE,AMERICAN CANYONTITLE 19 TOBE CONSISTENT

WITHTHE GENERALPLANOF THECITYOFAMERICANCANYON ANDTHENAPACOUNTY AIRPORT LAND

USE COMPATIBILITY PLAN
WHEREAS, pursuant to Section 65300 of the State Planning and Zoning Law, the City of American Canyon (City) has adopted a General Plan to provide comprehensive long-range planning and a blueprint of the City's future form, including land use and circulation maps that specify the roadway network and the distribution of types and intensities of land; and
WHEREAS, amendments to the General Plan land use necessitate changes to the Zoning Map to provide land use consistency pursuant to Gov. Code § 65860; and WHEREAS, Zoning Map amendments needed to provide consistency with the General Plan include the effective parcels, and Zoning Map amendments; and
WHEREAS, the City prepared a Draft Environmental Impact Report (Draft EIR) (SCH No. 2022070038) for the 2040 General Plan; and
WHEREAS, prior to recommending adoption of the 2040 General Plan, the Planning Commission reviewed and considered the analysis contained in the Final EIR. By separate resolution, the Planning Commission recommended that the City Council: (1) certify the Final EIR, (2) adopt CEQA Findings for Significant Environmental Impacts and a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program for the 2040 General Plan; and WHEREAS, the proposed Zoning Code Amendments are a contemplated "Project Approval" under the Program EIR; and
WHEREAS, on March 27, 2025, the Planning Commission conducted a duly-noticed public hearing to evaluate the zoning code amendments and determined that based on all the evidence presented, including, but not limited to, written and oral testimony given at meetings, it is appropriate to recommend that the City Council approve the zoning code amendments to ensure consistency with the Comprehensive Technical General Plan Update and the 2024 Napa County Airport Land Use Compatibility Plan; and
WHEREAS, on April 15, 2025, the City Council conducted a workshop to evaluate the Comprehensive Technical General Plan Update, Final EIR, and Zoning Code Amendments; and WHEREAS, on [date to be determined], the Napa County Airport Land Use Commission determined that the proposed General Plan Update is consistent with the Napa County Airport Land Use Compatibility Plan; and
WHEREAS, on May 20, 2025, the City Council conducted a duly-noticed public hearing to evaluate the Zoning Code Amendments and determined that based on all the evidence presented, including, but not limited to, written and oral testimony given at meetings, it is appropriate to recommend that the City Council approve the Zoning Code Amendments to ensure consistency with the Comprehensive Technical General Plan Update and the 2024 Napa County Airport Land Use Compatibility Plan. 1232
NOW, THEREFORE, BE IT ORDAINED that the foregoing recitals are true and correct and are included herein by reference as findings.

NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of American Canyon having considered all the evidence, including any submitted by member of the public, hereby amends specific parcels on the Official Zoning Map (American Canyon Municipal Code (ACMC) Chapter 19.03) to provide consistency between the General Plan Land Use Map and the Zoning Ordinance in accordance with the following table:

No. APN Acres General Plan
2040
Designation
Current Zoning
District
Proposed Zoning
District
Property Description
a. 058-030-067 15.11 Public Recreation Public Napa Junction School b. 058-270-001 3.55 Public RE Public City Water Tank
C. 058-613-009 2.01 Public RS8000 Public Gadwall Park
d. 058-040-036 11.88 Open Space RS8000 Open Space Bay Trail e. 058-040-043 0.51 RS8000 AC Middle
School
f. 058-040-032 9.12 Public RS8000 Public AC Middle School g. 058-571-014 5.39 Open Space RS6500 Open Space PGE Easement h. 058'511-004 0.93 Open Space RS6500 Open Space PGE Easement i. 058-562-020 7.24 Open Space RS6500 Open Space AC Creek j. 058-515-023 1.66 Open Space RS6500 Open Space AC Creek k. 058-562-021 4.71 Public RS6500 Public Kimberly Park
Phase 2
I. 059-412-001 1.07 Public SPl:SF Public Fire/Police Station m. 059-401-001 1.01 Public SPl:SF Public Fire/Police Station n. 059-412-002 1.0 Public SPl:SF Public Shenandoah Park o. 059-401-002 3.81 Public SPl:SF Public Shenandoah Park p. 059-040,064 4.85 Open Space SPl:SF Open Space Newell Creek q. 059-040-060 5.S4 Open Space SPl:SF Open Space Newell Creek r. 059-040-061 2.94 Open Space SPl:SF Open Space Newell Creek s. 059-040-058 10.0 Public SPl:SF Public CanyonOaks
Elementary
t. 059-040-059 14.0 Public SPl:SF Public Canyon Oaks
Park
u. 059-080-024 4.05 Open Space SPl:SF Open Space AC Creek V. 059-302-009 5.58 Open Space SPl:SF Open Space AC Creek w. 059-302-010 1.63 Open Space SPl:SF Open Space Newell Drive Rotunda 1233
No. APN Acres General Plan
2040
Designation
Current
Zoning District
Proposed Zoning
District
Property Description
x. 059-331-004 3.54 Open Space Public Open Space Iron Horse PGE Lines y. 059-110°052 2.61 Open Space SPl:SF Open Space AC Creek z. 059°110-047 3.68 Open Space RS6500 Open Space Cartegena Creek aa. 059-110-048 3.15 Open Space RS6500 Open Space Cartegena Creek bb. 059-180-009 2.89 Open Space RS8000 Open Space City Slope cc. 059-180-014 3.11 Open Space RS8000 Open Space City Slope dd. 059-150-005 0.90 Open Space RM Open Space Chesapeake Creek ee. 059-100-007 1.42 Open Space SPl:SF Open Space La Vigne Landscape ff. 059-100-008 1.15 Open Space SPl:SF Open Space La Vigne Landscape
gg. 059-100-010 8.76 Open Space SPl:SF Open Space La Vigne Landscape
hh. 059-100-011 7.61 Open Space SP1: SF Open Space La Vigne Landscape
ii. 059-202-023 1.07 Public SP1:SF Public Bellagio Park jj. 059-253-001 1.06 Public SP1:SF Public Pelleria Park NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council of the City of American Canyon having considered all the evidence, including any submitted by member of the public, hereby provides consistency between the General Plan and the 2024 Napa County Airport Land Use Compatibility Plan (ALUCP) by amending the Official Zoning Map (American Canyon Municipal Code (ACMC) Chapter 19.03) to replace the former NALUCP Compatibility Policy Map (Zones A through E) with the current Map (ALUCP Exhibit 5-2) as depicted in Exhibit A to this Ordinance.

NOW, THEREFORE, BE IT FURTHER ORDAINED that the City Council of the City of American Canyon having considered all the evidence, including any submitted by member of the public, hereby provides further consistency between the General Plan and the 2024 Napa County Airport Land Use Compatibility Plan (ALUCP) by adding a new Chapter 19.55 Airport Land Use Compatibility to the ACMC as depicted in Exhibit B to this Ordinance.

SECTION 1. Find, based on the following evidence as required by ACMC Section 19.48.040(C):
a. The proposed amendment is consistent with the goals and policies of the general plan.

The Rezoning is consistent with the goals and policies of the general plan because the changes will ensure consistency between the zoning map and the general plan. Zoning amendments will bring consistency with the Napa Airport Land Use Compatibility Plan.
b. The amendment is consistent with the purposes of this title, as set forth in Chapter 19.01, Authority, Purposes and Effects of the Zoning Ordinance. 1234
The Rezoning is consistent with the purpose of the Zoning Ordinance to protect and promote public health, safety, peace, comfort, convenience, aesthetics, prosperity, and general welfare because the proposed zoning regulations are intended to ensure consistency between the General Plan and the Napa Airport Land Use Compatibility Plan.

SECTION 2. CEQA. Compliance with California Environmental Quality Act. The City prepared an Environmental Impact Report (EIR) that evaluates the proposed Zoning Code amendments at a program level of analysis (SCH #2022070038) and includes required mitigation measures and a Mitigation Monitoring and Reporting Program (MMRP). The Zoning Code Amendments are a contemplated "Project Approval" under the Program EIR.

SECTION 3. EFFECTIVE DATE. This ordinance shall become effective effect 30 days after its final passage pursuant to Government Code section 36937.

SECTION 4. SEVERABILITY. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5. CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 4831 Broadway, Suite 201, American Canyon, CA 94503. The custodian of these records is the City Clerk.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of American Canyon, State of California, held on the 20th day of May, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

The foregoing Ordinance was adopted at a regular meeting of the City Council of the City of American Canyon, State of California, held on the day of , 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
1235
_____________________________
Pierre Washington, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Taresa Geilfuss, CMC, City Clerk William D. Ross, City Attorney

EXHIBITS
A. Chapter 19.55 Airport Land Use Compatibility
1236
Exhibit A
Chapter 19.55 Airport Land Use Compatibility

19.55.010 Purpose and Applicability
This chapter establishes procedures to ensure development within American Canyon is compatible with the Napa County Airport Land Use Compatibility Plan (NALUCP) (General Plan Goal LU-9). The NALUCP, which is incorporated into the General Plan as a standalone document, provides policy direction for subsequent development in American Canyon that is subject to the NALUCP.

19.55.020 Projects Subject to Napa Airport Land Use Commission Review.

Consistent with Public Utilities Code Section 21676(b), the City shall refer the following actions to the Napa Airport Land Use Commission (ALUC) for determination of consistency with the NALUCP. (1) Adoption or approval of any new general plan, specific plan, or facility master plan, or any amendment thereto, that affects lands within an Airport Influence Area. This includes actions that are applicable throughout a land use jurisdiction as well as for development proposals for an individual site.
(2) Adoption or a zoning ordinance or building regulation, including any proposed change or variance to any ordinance or regulation, that (1) affects land within an Airport Influence Area depicted in Figure 19.55.060 and (2) involves any one of the following airport impact concerns:
i. Noise: Locations exposed to potentially disruptive aircraft noise levels. ii. Safety: Areas where the risk of an aircraft accident poses heightened safety concerns for people and property on the ground.
iii.Airspace Protection: Places where height and various other land use characteristics need to be restricted in order to prevent physical, visual, or electronic hazards to flight within the airspace required for aircraft operation to and from the Airport. iv.Overflight: Locations where aircraft overflights can be intrusive and annoying to many people. (3) Land Use Actions for which a Special Conditions Exception is being sought under NALUCP Policy 3.2.4.

19.55.030 Projects Exempt from NALUCP
The NALUCP does not apply to Existing Land Uses as described in California Public Utilities Code 21670(a) and 21674(a).

19.55.040 Projects Subject to City Review
Except for projects identified in ACMC Section 19.55.020 and 19.55.030, all new development within the City that is subject to the NALUCP shall be evaluated consistent with the procedures in NALUCP Section 5.1.

19.55.050 Existing Nonconforming Uses that do not Conform to the NALUCP Existing uses that do not conform to the NALUCP shall be subject to nonconforming policies in ACMC Chapter 19.49.

ATTACHMENT 3
1237
Figure 19.55.060
Napa Airport Compatibility Policy Map
1238
Cal Cities 2025: Planning Commissioners’ Academy Planning Commission 101 Policy Plans and Regulations
Subdivision
Maps
Development
Permit
Conditional
Use
Permits
Variances
Capital
Improvements

GENERAL PLAN
Specific Plans
Coastal Plans
Zoning
Design Guidelines
Long-Term More General
Short-Term More Detailed
ATTACHMENT 4
1239
City of American Canyon
LAFCO of Napa County
1754 Second Street, Suite C
Napa, California 94559
www.napa.lafco.ca.gov
Not to Scale
April 10, 2025
Prepared by BF
City of American Canyon
City of American Canyon
Sphere of Influence
Legend
Yolo
Sonoma Solano
Lake
Calistoga
St Helena
Yountville
Napa
American
Canyon

GREEN ISLAND ROAD

WATSON LANE

AMERICAN CANYON ROAD

EUCALYPTUS DRIVE

DONALDSON WAY
£¤29
£¤29

NAPA JUNCTION ROAD
ATTACHMENT 5
1240
General Plan Study Area
ATTACHMENT 6
West Side Connector
Advisory Committee Recommendation
June 15, 2021
ATTACHMENT 7
1242

NOTICE OF PREPARATION
City of American Canyon General Plan Update
Date: July 5, 2022
To: Reviewing Agencies, Interested Parties, and Organizations Subject: Notice of Preparation of a Draft Environmental Impact Report for the City of American Canyon General Plan Update
The City of American Canyon (City) is preparing an update to the City’s General Plan. The City has determined that a Program Environmental Impact Report (EIR) will be necessary to evaluate environmental impacts of the General Plan Update pursuant to the California Environmental Quality Act (CEQA). In compliance with CEQA, the City will be the Lead Agency and will prepare the Program EIR. The City is requesting comments and guidance on the scope and content of the Program EIR from responsible and trustee agencies, interested public agencies, organizations, and the general public (CEQA Guidelines Section 15082).

This Notice of Preparation (NOP) provides a summary of the General Plan Update; includes the City’s preliminary identification of the potential environmental issues to be analyzed in the EIR; and provides information on how to comment on the scope of the EIR.

Notice of Preparation Public Review Period: July 5, 2022 to August 4, 2022 The City requests your careful review and consideration of this notice, and it invites any and all input and comments from interested agencies, persons, and organizations regarding the preparation of the Program EIR.

Comments and responses to this notice must be in writing and submitted to the Lead Agency Contact through August 4, 2022 at 4:00 p.m. If applicable, please indicate a contact person for your agency or organization. If your agency is a responsible agency as defined by CEQA Guidelines Section 15381, your agency may use the environmental documents prepared by the City when considering permits or approvals for action regarding the proposed project.

Lead Agency Contact:

Brent Cooper, Community Development Director
City of American Canyon Community Development Department 4381 Broadway Street, Suite 201
American Canyon, California 94503
[email protected]
ATTACHMENT 8
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Notice of Preparation
City of American Canyon General Plan Update

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Written Comments: Please submit written comments within 30 days of the date of this notice to any of the below by 4:00 p.m. on August 4, 2022:
▪ Email: [email protected]
▪ Regular Mail: Nicolle Jones, Community Development Department, City of American Canyon, 4381 Broadway Street, Suite 201, American Canyon, California 94503
Public Scoping Meeting: The City will hold a virtual scoping meeting to provide an opportunity for agency staff and interested members of the public to submit written and oral comments on the scope of the environmental issues to be addressed in the EIR. The scoping meeting will be held on July 28, 2022 at 6:30 p.m. To attend the scoping meeting, go to https://zoom.us/join.

Webinar ID: 884 4514 1942
Passcode: 038881
Dial: (408) 638 0968
The scoping presentation will be available to view after July 28, 2022 on https://www.cityofamericancanyon.org/government/city-hall/city-clerk/meetings-agendas.

Project Background: The City must undertake a technical update to its General Plan to ensure the General Plan is internally consistent and maintains a balance of land uses; maintains and supports quality-of-life, community satisfaction, and safety for all residents; and meets new State requirements. A Regional Location map is included as Figure 1.

Project Location: The General Plan Update will encompass the City of American Canyon city limits, the Sphere of Influence, Urban Limit Line, and historic water service area (Figure 2).

Proposed Project: The American Canyon General Plan update will serve as a long-term framework for future growth and development. The General Plan represents the community’s view of its future and contains the goals and polices upon which the City Council, Planning Commission, staff, and the entire community will base land use and resource decisions. To provide a contemporary plan that will guide the community through the next 20 years, the General Plan update will reflect recent development decisions and changes in State law. Major components of the comprehensive technical General Plan Update include:
• Land Use Element. This element will resolve inconsistencies between existing and General Plan land uses, expand the Urban Limit Line to include the “Hess/Laird Property,” and accommodate land use amendments for certain properties owned by the Napa Valley Unified School District. Proposed land use amendments are depicted in Figure 3. The proposed Urban Limit Line is shown in Figure 4. • Circulation Element. This element will incorporate Vehicle Miles Travelled policies consistent with Senate Bill 743 (SB 743); update street standards for all modes, including pedestrians, bicyclists, and transit consistent with the California Complete Streets Act; include two new Industrial Collector roadways: 1) a new “West Side Connector” roadway segment and 2) a Newell Drive roadway segment between Paoli Loop and S. Kelly Drive and delete former planned connection between Commerce Court and Eucalyptus Drive. See Figure 5.
• Community Services Element. This element will focus on goals and policies related to public services, including police, fire, and emergency services.
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Notice of Preparation
City of American Canyon General Plan Update

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• Open Space and Recreation Element. This element will address the wide variety of parks, trails, and open spaces serving the diverse recreation needs of American Canyon residents, particularly youth, and emphasize the unique features of the City’s natural environment – from the Newell Open Space to the east to the wetlands and trails to the west.
• Conservation Element. This element will consider the effects of existing and planned development on natural resources located on public lands, including military installations, consistent with Government Code Section 65302(d). This Element will address State law requirements, including air quality, greenhouse gas emissions, and climate change adaptation. • Safety Element. This element will cover seismic activity, other geologic hazards, fire hazards, hazardous materials, flooding, and other potential hazards, consistent with Government Code Section 65302(g). It will also address resiliency and risks from natural hazards in American Canyon, pursuant to Senate Bill (SB) 379. This element update will require a vulnerability analysis to comply with State law. • Noise Element. This element will require, consistent with Government Code Section 65302(f), the inclusion of new existing noise contours as well as projected noise contours based on future traffic volumes projected to arise from improvements planned for in the Circulation Element. • Housing Element. This element will be an update for the 2023-2031 RHNA cycle to adequately plan to meet the housing needs of everyone in the community, consistent with Government Code Section 65583.

Due to State-Mandated deadlines, the Housing Element update is anticipated to be completed earlier than the rest of the comprehensive technical General Plan update. • Implementation. This chapter will be a comprehensive implementation strategy with discrete, tangible actions that the City will undertake to carry out all the Plan’s goals, policies, and objectives. It will also highlight goals, policies, and programs related to administration of the General Plan. The chapter will detail timing, potential funding sources, and the responsible parties for each implementation measure.

Project Alternatives: The EIR will evaluate a reasonable range of proposed project alternatives that, consistent with CEQA, meet most of the proposed project objectives and reduce or avoid potential environmental effects, including a required No Project Alternative.

Potential Environmental Effect Areas: The EIR will describe the reasonably foreseeable and potentially significant adverse effects of the proposed project (both direct and indirect). The EIR also will evaluate the cumulative impacts of the proposed project when considered in conjunction with other related past, present, and reasonably foreseeable future projects. The City preliminarily anticipates that the proposed project could result in potentially significant environmental impacts in the following topic areas, which will be further evaluated in the EIR. 1245
Notice of Preparation
City of American Canyon General Plan Update

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▪ Aesthetics
▪ Agriculture and Forestry Resources
▪ Air Quality
▪ Biological Resources
▪ Cultural Resources
▪ Greenhouse Gas Emissions
▪ Land Use and Planning
▪ Noise
▪ Population and Housing
▪ Public Services and Recreation
▪ Transportation
▪ Tribal Cultural Resources
▪ Utilities and Service Systems
▪ Wildfire
▪ Cumulative Effects
▪ Growth Inducing Effects
When the Draft EIR is completed, it will be available for review at the City’s offices located at 4381 Broadway Street, Suite 201, American Canyon, California 94503 and online at:
https://www.cityofamericancanyon.org/government/community-development/planning-zoning/general-planupdate. The City will issue a Notice of Availability of a Draft EIR at that time to inform the public and interested agencies, groups, and individuals of how to access the Draft EIR and provide comments.

If you have questions regarding this NOP or the scoping meeting, please contact Brent Cooper at (707) 647-4335 or via email at [email protected]
_____________________________________________ ____________________ Brent Cooper, Community Development Director Date
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Notice of Preparation
City of American Canyon General Plan Update

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Figure 1 Regional Location
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Notice of Preparation
City of American Canyon General Plan Update

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Figure 2 Project Location
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Notice of Preparation
City of American Canyon General Plan Update

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Figure 3 Area of Proposed Land Use Element Amendments
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Figure 4 Proposed Urban Limit Line
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City of American Canyon General Plan Update

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Figure 5 Proposed Circulation Element Amendments
1251
Project Description
Draft Environmental Impact Report 2-7
Figure 2-3 2040 General Plan Land Use Designations
ATTACHMENT 9
1252
City of American Canyon
American Canyon 2040 General Plan Update
2-8
Figure 2-4 Proposed Land Use Element Amendments
ATTACHMENT 10
1253
From: Brent Cooper
Sent: Thursday, March 20, 2025 6:22 PM
To: Kara Vernor
Cc: Erica Ahmann Smithies; William He; Jason Holley; Carlotta Sainato; Gianna Meschi; Bill Ross - External; Communications
Subject: Napa County Bicycle Coalition Crawford Way Apartment and General Plan Comments Hello Kara,
I would like to thank you for your thoughtful comments on the 2040 General Plan update. We greatly value our partnership with the Napa County Bicycle Coalition.

We agree with nearly all your proposed changes and have notated your comment letter to identify the changes that have been incorporated into the General Plan.

One area of your comment letter that staff is unable to accommodate involves the Bike Coalition's recommendations for service standards. Examples include committing to a specific percentage VMT reduction by 2045, completing 50% of our active transportation network by 2040, street sweeping schedules, and similar suggestions.

While staff does not necessarily disagree with the intent and benefits of these standards, they require City Council policy direction related to general plan implementation. Your letter will be included in the agenda packet for all three Commissions (Planning, OSATS, and PCS) as well as the City Council packet, which ensures that your ideas will reach our Commissioners and Council members.

We appreciate your interest in the General Plan Update and look forward to continuing to discuss ideas for improved active transportation in American Canyon.

Best regards,
Brent Cooper, AICP
Community Development Director
City of American Canyon | 4381 Broadway Street, Suite 201, CA 94503 (707) 647-4335 | americancanyon.gov
ATTACHMENT 11
1254
P.O. Box 5157 | Napa, CA 94581 | (707) 258-6318 | www.napabike.org December 28, 2024
Jason Holley, City Manager, City of American Canyon
4381 Broadway Street, Suite 201,
American Canyon, CA 94503
RE: 2040 General Plan Update
Dear Mr. Holley,
The Napa County Bicycle Coalition—which works to make biking in Napa County safe, accessible, and convenient—appreciates many of the goals and guiding principles of the draft 2040 General Plan (“the Plan”), including the intention to “Include funding for the City's Bicycle Plan updates and bikeway improvements consistent with the Bicycle Plan in the City's transportation financing program and TIF, recognizing the multi-modal travel needs of the City.” We appreciate the attention throughout the Plan to active transportation and to how it is recognized as a key strategy to meet climate goals.

We also noticed several opportunities where we believe new or updated language would make the plan stronger and better set it up for success. Those changes are detailed in the table below, but we also wanted to note the following to give context to our requests and recommendations:
• We would like to see the Open Space, Active Transportation, and Sustainability Commission (OSATS) explicitly included in decision-making on active transportation facilities, especially when the City of American Canyon is considering deviating from its Active Transportation Plan, on which, presumably, the OSATS will have provided input.

This will help leverage the unique perspective and expertise the OSATS can provide and to increase the return on investment the City has made in convening this advisory body. • We urge the City to be as specific and measurable as possible in setting goals and policies. If including specific targets, such as those related to reducing Vehicle Miles Traveled or implementing the Active Transportation Plan, comes with concerns, then inserting “strive to meet…”, or a similar phrase is an option, too. Setting and including specific targets helps all staff and community members to be on the same page, it signals true commitment, and it aids in setting appropriate timelines. • We request that the City consider including policies related to Safe Routes to School, a partnership that is integral to increasing safety and educating and encouraging active transportation users. Funding for Safe Routes programming is tenuous each year and will need the ongoing collaboration of all jurisdictions to ensure its sustainability.

Currently, the American Canyon Police Department supports Safe Routes programming in American Canyon by sharing the quarterly data that is required to secure funding, and a representative will begin participating in the Safe Routes to School Advisory Committee in 2025. As well, a policy related to securing and maintaining a Bicycle Friendly Communities designation would help build on current momentum toward this goal and would help maintain the effort into the future. 1255
P.O. Box 5157 | Napa, CA 94581 | (707) 258-6318 | www.napabike.org Napa County Bicycle Coalition’s
Recommended Changes to the Draft 2040 General Plan
Policy Current Language Suggested Revisions/Comments/Questions MOB-1.2
Complete Street Standards. Review current
arterial, collector, and local street standards
and update as necessary to conform to best
practice classification standards and
NACTO complete streets guidelines.

Consider also including the recently released 5th
Edition of Comprehensive Bike Guide by AASHTO,
which will be incorporated into NVTA’s Active
Transportation Plan update.

MOB-1.4
Development Review. Evaluate new
development to ensure that the safety,
comfort, and convenience of pedestrians,
bicyclists and transit users are given equal
level of consideration to motor vehicle
operators.

Development Review. Evaluate new development
to ensure that the safety, comfort, and convenience
of pedestrians, bicyclists and transit users are given
an equal or greater level of consideration to motor
vehicle operators. (Note: this change will help
reduce VMT).Response: Change made.

MOB1.7
Promote Walking and Bicycling. Promote
walking and bicycling for transportation,
recreation, and improvement of public
Health.

Promote Walking and Bicycling. Promote walking
and bicycling for transportation, recreation, and
improvement of public Health and the
environment. Response: Change made.

MOB1.9
SR 29 Mobility. Work with regional
partners, including Caltrans, NVTA, and
other agencies to explore a complete streets
approach that will expand the travel
capacity of SR 29.

SR 29 Mobility. Work with regional partners,
including Caltrans, NVTA, and other agencies to
explore a complete streets approach that will
expand the travel capacity of SR 29 and establish a
low-stress method for crossing for students walking
and biking to school and other active transportation
users Response: Change made.

MOB1.15
Existing Facility Use. Make efficient use of
existing transportation facilities and
improve these facilities as necessary in
accordance with the Circulation Map.

Existing Facility Use. Make efficient use of
existing transportation facilities and improve these
facilities as necessary in accordance with the
Circulation Map and NVTA Active Transportation
Plan. Response: Change made.

MOB1.17
Reduce Vehicle Miles Traveled. Through
layout of land uses, improved alternate
travel modes, and provision of more direct
routes, strive to reduce the total vehicle
miles traveled by city and non-residents
traveling to American Canyon to work or
shop.

Reduce Vehicle Miles Traveled. Through layout of
land uses, improved alternate travel modes, and
provision of more direct routes for all modes of
travel, strive to reduce the total vehicle miles
traveled by city and non-residents traveling to
American Canyon to work or shop by 30% by 2045
(with 2019 levels as the baseline), per the
California Air Resources Board’s Scoping Plan.

Response: Revised to add all modes of travel. Will
inform PC and CC that NCBC is requesting VMT
performance measure.

MOB1.22
Non-motorized Circulation System. Provide
safe and direct pedestrian routes and
bikeways between places.

Non-motorized Circulation System. Provide safe,
low-stress, and direct pedestrian routes and
bikeways between places. Aim to complete at
least 50% of the planned bike and pedestrian
network outlined in NVTA’s Active
Transportation Plan by 2040.

Response: Revised to add low stress. Will inform
PC and CC that NCBC is requesting bike and ped
network performance measure.
1256
P.O. Box 5157 | Napa, CA 94581 | (707) 258-6318 | www.napabike.org MOB1.24
Bicycle Facilities. Bicycle facilities shall be
provided to complete a continuous bikeway
system, consistent with state standards,
as shown on the Bikeway Plan Map. In
cases where existing right of way
Bicycle Facilities. Bicycle facilities shall be
provided to complete a continuous, low-stress
bikeway system, consistent with state standards the
Active Transportation Plan as shown on the
Bikeway Plan Map. In cases where existing right of
constraints limit development of Class II or
Class IV facilities, Class Ill signage and
demarcation may be permitted at the
discretion of the City Engineer. Deviations
from these standards and from the routing
shown on the diagram shall be permitted
with the approval of the City Engineer.
way constraints limit development of Class I, II or
IV facilities, Class Ill signage and demarcation may
be permitted at the discretion of the City Engineer
the City of American Canyon will strive to provide
an alternative low-stress route, rather than
installing facilities that are not low-stress.

Deviations from these standards and from the
routing shown on the diagram shall be first
reviewed by the Open Space, Active
Transportation, and Sustainability Commission and
will be permitted with the approval of the City
Engineer only when an Exception Standard has
been met with substantial evidence.

Response: Revised the policy to address a greater
range of possibilities in the future and better
clarify responsibility for technical approvals by the
City Engineer and policy approvals by the City
Council.

MOB-2.2
Context Sensitive Design. Improve
multimodal transportation safety by
expanding the City’ s non- motorized
transportation infrastructure using context
sensitive design.

Context Sensitive Design. Apply a context
sensitive design lens to improve multimodal
transportation safety while expanding the City’s
non- motorized transportation infrastructure using
context sensitive design.

Response: Revised the policy per recommendation.

MOB2.3
Bicycle Safety. Increase the safety of those
traveling by bicycle by sweeping debris
from and repairing bicycle paths and lanes.

Bicycle Safety Facilities Maintenance. Increase the
safety of those traveling by bicycle by sweeping
debris from bicycle paths and lanes at least twice
per month and repairing and restriping worn or
damaged facilities.

Response: Revised the policy per recommendation
except the 2 times per month performance measure.

MOB2.4
Improved Bikeway Visibility. Use visual
cues, such as brightly colored paint on bike
lanes or a one-foot painted buffer strip,
along bicycle routes to provide a visual
signal to drivers to watch out for bicyclists
and nurture a " share the lane" ethic,
prioritizing bikeways with recent
automobile- bicycle collisions.

Upgrade Existing Bikeways using all means
available—such as conflict markings, buffers,
rumble strips, and delineators—to make bikeways
safer and lower stress and to catch up with evolving
best practices, prioritizing bikeways with recent
automobile- bicycle collisions and those that are
routes to school.

Response: Revised the policy per recommendation.
1257
P.O. Box 5157 | Napa, CA 94581 | (707) 258-6318 | www.napabike.org MOB2.5
Speeds on Residential and Arterial Streets.

Explore innovative ways to reduce
vehicular speeds through residential
neighborhoods to posted speed limits, such
as implementing traffic calming strategies
such as: enhanced cross walks, lighted
crosswalks, reducing lane widths, and
others.

Speeds on Residential, Collector, and Arterial
Streets. Explore innovative ways to Implement
American Canyon’s Traffic Calming Program that
includes evidence-based ways to methods of
reducing vehicular speeds through residential
neighborhoods to posted speed limits, such as
implementing traffic calming strategies: enhanced
cross walks, lighted crosswalks, reducing lane
widths, and others.

Response: Reworded policy to emphasize the need
to consider best practices in traffic calming
measures.

MOB 2.7
Partner with public, nonprofit, and community
stakeholders to secure dedicated funding for the
education and infrastructure needs of the
Countywide Safe Routes To School Partnership
to provide safe and equitable access for students
going by active transportation to local schools.

Response: Added this new policy.

MOB

1.29 Secure and maintain status as a Bicycle
Friendly Community.

Response: Added this new policy.
1258
P.O. Box 5157 | Napa, CA 94581 | (707) 258-6318 | www.napabike.org Thank you for your consideration of these changes. Given the significance and scope of this Plan, and the opportunity it presents to address our climate emergency and create a meaningful shift to Complete Streets, we urge all involved to ensure the document reflects more commitment to its goals and truly enables and empowers the City to realize the 2040 General Plan.

Should you have any questions about the above comments, please contact me at (707) 258- 6318 or at [email protected]. Thank you for your time and your ongoing hard work on this Plan.

Sincerely,
Kara Vernor
Executive Director
ENV9.5
Vehicle Miles Travelled Reduction.

Reduce vehicle miles travelled by
encouraging future land uses that
feature a compact mixed- use urban
form connected with pedestrian
and bicycle trails.

Vehicle Miles Travelled Reduction. Reduce
vehicle miles travelled by 30% by 2045 (with
2019 levels as the baseline), per the California Air
Resources Board’s Scoping Plan by encouraging
future land uses that feature a compact mixeduse urban form connected with pedestrian and bicycle trails.

ENV10.10
Active Transportation. Improve active
transportation options within the city by
connecting local bikeways and trails to
City bus stops and public transportation
centers.

Active Transportation. Improve active
transportation options within the city by
connecting local bikeways and trails to City
bus stops, public transportation centers, and
major destinations, and aiming to complete at
least 50% of the planned bike and pedestrian
network by 2040.

ENV11.9
Countywide Bicycle and Pedestrian
Plans. Work with the County to
implement the best practices provided
within the American Canyon edition of
the Napa Countywide Bicycle Plan
and Napa Countywide Pedestrian Plan.

Countywide Bicycle and Pedestrian Plans.

Work with the County to implement the best
practices provided within the American
Canyon edition of the most up-to-date Napa
Countywide Bicycle Plan and Napa
Countywide Pedestrian Plan/Active
Transportation Plan, aiming to complete at least
50% of the planned bike and pedestrian
network by 2040.

MOBFigure 6
Pg M-17
MOB- Figure 6: Standard Roadway
Cross Sections
Update this figure or note that 5’ bike lanes
excluding gutter pan with 3’ buffers containing
delineators are standard for bike lanes along all
types of arterials and often for major collectors,
too.

Types of
Bikeways
Pg M-21
Types of Bikeways
Update to include Class 2Bs.
1259

CITY COUNCIL AGENDA
APRIL 15, 2025

STAFF REPORT

BUSINESS
ITEM NUMBER: 10.

TITLE
FY 2025-26 Strategic Work Plan

RECOMMENDATION
Adopt a Minute Order approving the FY 2025-26 Strategic Work Plan

CONTACT
Jason Holley, City Manager

BACKGROUND & ANALYSIS
The informa2on below includes excerpts from the City Council Governance Protocol and Code of Conduct adopted in October 2024. A complete copy of this document is available at American Canyon's Virtual City Hall (www.americancanyon.gov).

Effec2ve organiza2ons are proac2ve and an2cipate issues before they escalate into crises.

Organiza2onal leaders must be able to see "the Big Picture." One of the City Council's primary role is to create a vision for the future and develop strategies to achieve it. American Canyon’s Vision, Mission and Values were adopted by the City Council in 2013, aAer two years of community engagement. The City Council reconfirmed the Mission, Vision and Values in 2023.

The Vision Statement expresses future desire. It reflects what the Community wants to become.

This Vision drives the work the City of American Canyon does, guides how business is done, and informs the priorities pursued. American Canyon's Vision is:
"HOME to an engaged, diverse community; and
DESTINATION for outdoor recreation and natural beauty; and HUB of opportunity and economic vitality."
T h e Mission Statement expresses the purpose of the primary organiza2on suppor2ng the Community’s Vision, namely the City of American Canyon. It fundamentally defines what the organization stands for and what we do. The City's Mission is: "to deliver exemplary services that are responsive to community priori*es, ensure a heathy and sustainable organiza*on and drive us toward a shared vision for the future".
1260
The Council has adopted the following Core Values to describe "How We Do Business":

Fiscal Responsibility. We manage our resources wisely to ensure long-term financial stability and sustainability. Our decisions are driven by careful planning and prudent management to achieve optimal outcomes for our stakeholders.

Professional Excellence. We strive for the highest standards in our work, con2nuously improving our skills and knowledge. Our commitment to excellence ensures that we deliver superior results in every endeavor.

Transparency & Accountability. We operate with openness, providing clear and honest communica2on. We hold ourselves accountable for our ac2ons, ensuring that our stakeholders can trust our processes and outcomes.

Customer Focus. Our customers are at the heart of everything we do. We are dedicated to understanding their needs and exceeding their expecta2ons through excep2onal service and innovative solutions.

Integrity. We conduct our business with the utmost honesty and ethical standards. Integrity guides our decisions and actions, fostering trust and respect with our clients, partners, and community.

The Council has adopted the following Strategic Values to describe "How We Get Things Done":

Creativity and Innovation. We encourage crea2ve thinking and embrace innova2ve solu2ons to stay ahead in a dynamic environment. Our culture of innova2on drives us to explore new possibili2es and improve our services continually.

Collabora2on and Teamwork. We believe in the power of working together. By fostering a collabora2ve environment, we leverage diverse perspec2ves and talents to achieve our goals and deliver exceptional results.

Leadership. We lead by example, inspiring others through our ac2ons and decisions. Our leadership is characterized by vision, courage, and a commitment to doing what is right.

Community Engagement. We ac2vely engage with our community, building strong rela2onships and contribu2ng posi2vely to society. Our community involvement reflects our dedica2on to social responsibility and collective progress.

Results Oriented. We focus on delivering tangible results that drive success. Our approach is disciplined and goal-driven, ensuring that we achieve our objectives efficiently and effectively.

Ensuring the City is well run and addresses issues before they become problems is the essen2al responsibility of the Council and staff. This is best accomplished by seGng goals, strategies and key ini2a2ves; efficiently alloca2ng scarce resources; and tracking progress towards accomplishing those goals. SeGng Goals and Strategies is a primary Council func2on. Goals represent ac2onable expressions in support of Community’s Vision, Mission and Values, while Strategies are concrete ideas to support the City Council’s Goals. The image shown in AJachment 2 expresses the hierarchy of the City's "Strategic Plan".

The Council has the following Goals, which are given equal weight and priority:
• Public Safety: Ensure that American Canyon remains a safe community. • Community and Sense of Place: Build on the strength of our local community to develop a clear 1261
sense of place and establish our unique identity.
• Economic Development and Vitality: AJract and expand diverse business and employment opportunities.
• Outdoors and Recrea2on: Expand opportuni2es for use of outdoor recrea2on and an ac2ve lifestyle.
• Transporta2on: Improve the City’s transporta2on network to mi2gate traffic and enhance the quality of life for the community.
• Infrastructure: Develop and upgrade infrastructure resources to support sustainable growth. • Quality Services & Organizational Effectiveness: Deliver exemplary government. • Environmental Sustainability: Demonstrate leadership in environmental sustainability.

The above Vision, Mission, Values and Goals represent the City's "Strategic Plan".

City Manager Strategic Work Plan
The City Manager is the Chief Execu2ve Officer of the City, responsible for overseeing the day-to-day opera2ons and implemen2ng the policies set by the Council (which acts like a 'Board of Directors').

The Manager acts as a bridge between the Council and staff, ensuring City Council direc2ves are effec2vely executed and that City services run smoothly. The rela2onship between the Council and the Manager is cri2cal, insofar as the Council's direc2on is achieved primarily through the Manager.

That direction is memorialized in the City Manager's Strategic Work Plan.

City resources will always be limited, so seGng priori2es when crea2ng the Strategic Work Plan is essen2al. The Council solicits input from the public, staff and other stakeholders in determining these priorities. This most recently occurred during Special City Council meetings on February 28 and March 21. Once priori2es are set, the Council adopts a budget with sufficient staffing and resources.

The FY 2025-26 Budget is scheduled for adop2on on June 3. Lower priori2es can be deferred un2l later or when addi2onal resources become available. This process ensures that priori2es are more likely to be accomplished and helps avoid overloading staff with too many priori2es. If a more critical issue arises, the City Council can adjust its priorities and timelines accordingly.

In conjunc2on with staff, the Council has draAed Strategies and Key Ini2a2ves. Strategies are not 'measurable' and do not have a finite conclusion but generally have a 3 to 5-year horizon. Key Initiatives are specific ac2ons achievable within a 12-to-24-month 2meframe. They have an iden2fiable start and finish, and in some instances, may be led by 3rd par2es. The Strategies and Key Ini2a2ves as part of a recurring process each year, and then staff tracks their implementa2on throughout the year, repor2ng back to City Council as necessary. This Strategic Work Plan is updated every 12 to 24 months.

As CEO, the Manager’s effec2veness is central to achieving Council priori2es. As such, evalua2ng the Manager’s performance is an important task of the Council. The Strategic Work Plan includes Strategies, Key Initiatives and anticipated "Milestones" during the review period. 1262
Staff recommends the Council review the draA “Strategic Work Plan” (AJachment 1) and provide addi2onal comments and/or adopt a minute order memorializing for the upcoming review period (i.e. FY 2025-26).

COUNCIL PRIORITY PROGRAMS AND PROJECTS
Organizational Effectiveness: "Deliver exemplary government services."

ENVIRONMENTAL REVIEW
15378(b) - The ac2on is not a "Project" subject to the California Environmental Quality Act ("CEQA") because it does not qualify as a "Project" under Public Resources Code Sec2ons 21065 and 21080 and in Section 15378(b) of Title 14 of the California Code of Regulations.

ATTACHMENTS:

1. Draft Strategic Work Plan

2. City Strategic Plan (Hierarchy)
1263
Key Initiative FY 25/26 Milestone
Formalize interagency relationship with ACFPD. Council approval of new operating agreement
Update 'Emergency Operations Plan'. Council review and comment Key Initiative FY 25/26 Milestone
Deter would be criminals from entering city limits by
install signage at entry points
Notice of completion
Proactively respond to illict activity in neighborhoods Evaluate calls for service and monitor parking impacts from Vallejo Broadway
Project
Public Safety Goal - Ensure American Canyon remains a safe community Strategy PS-1: Ensure American Canyon is prepared for emergencies and disasters.

Strategy PS-2: Engage and respond to the community's safety concerns. 4/9/2025 Key Initiatives 2025 1 of 8
1264
Key Initiative FY 25/26 Milestone
Extend Rio Del Mar to Hwy 29. Aquire right-of-way from Adobe Property
Key Initiative FY 25/26 Milestone
Complete Wetlands Restoration and Kayack Launch Project Prepare RFP and hire consultant for design
Replace Welcome to American Canyon monument signage. Prepare RFP and hire consultant.

Complete Eco-Center Project Remove all City equipment, etc. from former Corp Yard
Community and Sense of Place Goal - Build on the strength of our local community to develop a Strategy CD-1: Activate Napa Valley Ruins and Gardens
Strategy CD-2: Promote a unique community identity.
4/9/2025 Key Initiatives 2025 2 of 8
1265
Key Initiative FY 25/26 Milestone
Update business license policy for food trucks. Council approval Key Initiative FY 25/26 Milestone
Upgrade Water Reclamation Facility to treat industrial highstrength waste.Council approval "Go/No Go" decision on HSW treatment technology
Key Initiative FY 25/26 Milestone
Review development oppurtunities/barriers for priority
properties/areas
Council review and comment.

Prepare commerical viability study for 3rd grocery store Council review and comment of viability study
Key Initiative FY 25/26 Milestone
Key Initiative FY 25/26 Milestone
Annex Watson Lane Territory. Meet and confer with Vallejo leadership to advocate for resolution.

Expand Urban Limit Line (ULL). Council approval of new ULL Agreement
Strategy ED -1: Identify opportunities to become more "business-friendly".

Economic Development and Vitality Goal - Attract and expand diverse business and employment Strategy ED-2: Facilitate industrial/commercial development within Green Island Industrial Area.

Strategy ED-3: Facilitate mixed-use development within Broadway District Specific Plan Area.

Strategy ED-4: Encourage and facilitate tourism.

Strategy ED-5: Expand jurisdictional boundaries to provide areas for future growth. 4/9/2025 Key Initiatives 2025 3 of 8
1266
Key Initiative FY 25/26 Milestone
Develop Active Adult Fee Waiver Policy Council approval Key Initiative FY 25/26 Milestone
Develop Community Group Grant Funding Policy Council approval and distribute funds.

Key Initiative FY 25/26 Milestone
Update Parks & Community Services Master Plan Council approval Complete Vine Trail Project Council approval of feasibility study for Paoli/Watson Lane segment
Complete Clark Ranch Project Remove dead/dying trees from northern property line.

Complete Wetlands Edge Environmental Educational
Enhancement Project
Notice of completion
Complete Melvin Road Park Project Complete design
Complete Melvin Tennis Court Project Complete design
Complete Aquatic Facility Improvement Project Prepare RFP and hire consultant Complete Northampton Shade Canopy Project Notice of completion Complete Northampton Park Restroom Project Notice of completion Complete Silver Oak Park Restroom Project Notice of completion Complete Linwood Park Improvements Project Prepare RFP and hire consultant Complete Veterans Park Playground Replacement and
Resurface Project
Complete design
Complete Community Park I Playground Replacement and
Resurface Project
Complete design
Complete Main Street Park Improvement Project Complete design Outdoors and Recreation Goal - Expand opportunities for use of outdoor recreation and an active Strategy RE-1: Ensure recreation programming and events attract a broad spectrum of residents.

Strategy RE-2: Partner with community groups to deliver opportunities for organized activity.

Strategy RE-3: Development and enhancement of parks, trails, and open space amenities. 4/9/2025 Key Initiatives 2025 4 of 8
1267
Key Initiative FY 25/26 Milestone
Complete 'Hwy 29 Multi-Modal Operational Improvement
Project'.

Public workshop with NVTA
Key Initiative FY 25/26 Milestone
Complete Green Island Rd Reconstruction/Widening Project Award construction contract Complete Knightsbridge Reconstruction & Water Main
Improvements
Notice of completion
Complete South Kelly Road - Highway 29 Intersection
Project
Submit design to Cal Trans
Complete American Canyon Road Guardrail Project Award construction contract Complete Melvin Sidewalk and Storm Drainage
Improvements Project
Notice of completion
Complete Rancho Del Mar Paving and Utility Improvements Project
Notice of completion
Complete Rancho Del Mar Paving and Utility Phase II Project Prepare RFP and hire consultant Complete Green Island Road Class I Trail Project Award construction contract Complete Citywide Pavement Rejuvenation Project Complete design Complete Melvin Rd Pavement Rehabilitation Project Prepare RFP and hire consultant Key Initiative FY 25/26 Milestone
Update Traffic Impact Fee. Council approval
Complete Newell Drive Project Prepare RFP and hire consultant to conduct feasibility study.

Key Initiative FY 25/26 Milestone
Update Complete Streets Policy to prioritize active
transportation over vehicular modes.

Council approval
Update Countywide Active Transportation Plan Council approval Enhance pedestrian visibility at 5 locations identified in Local Roadway Safety Plan
Notice of completion
Transportation Goal - Improve the transportation network within the City to alleviate congestion Strategy TR-1: Improve traffic flow along Highway 29.

Strategy TR-2: Better the condition of local streets.

Strategy TR-3: Expand network of local streets and parallel routes to Highway 29.

Strategy TR-4: Improve safety and expand access for bicyclists, pedestrians and transit users. 4/9/2025 Key Initiatives 2025 5 of 8
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Key Initiative FY 25/26 Milestone
Complete Sites Reservoir Project. Council approval of Benefits and Obligations Agreement.

Resolve Vallejo water litigation. Meet and confer with Vallejo leadership to advocate for resolution.

Complete Water Treatment Plant Master Plan Prepare RFP and hire consultant Update Urban Water Management Plan Prepare RFP and hire consultant Complete Water Treatment Plant Filter Media Replacement & Underdrain Repair Project
Prepare RFP and hire consultant
Complete North Kelly Road Water Main Project Complete design Complete Zone 5 Water Pump Station Project Complete design Complete Northampton Water Main Repacement Project Prepare RFP and hire consultant Complete Water Treatment Plant SCADA Project Complete design Key Initiative FY 25/26 Milestone
Connect Tower Road customers. Prepare RFP and hire consultant Complete RW Fill Station Project Notice of completion
Complete Little League Field Project Notice of completion Key Initiative FY 25/26 Milestone
Complete Water Reclamation Facility SCADA Project Notice of completion Complete Broadway Sewer Rehab (Crawford to Donaldson)
Project
Award construction contract
Complete Andrew Road Sewer Repair Project Award construction contract Complete Cartegena Manhole Rehabilitation Project Notice of completion Key Initiative FY 25/26 Milestone
Storm Drain Master Plan Council approval
Infrastructure Goal - Develop and maintain infrastructure resources to support sustainable Strategy IN-1: Deliver high-quality drinking water from a stable, long-term supply.

Strategy IN-2: Provide recycled water alternatives for non-potable uses.

Strategy IN-3: Collect and treat non-industrial and industrial wastes effectively and efficiently.

Strategy IN-4: Prevent flooding of natural and man-made drainage systems. 4/9/2025 Key Initiatives 2025 6 of 8
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Key Initiative FY 25/26 Milestone
Update Year-End Fund Balance & Capital Set Aside Fiscal Policy
Council approval
Key Initiative FY 25/26 Milestone
Enhance the first-time customer service experience Conduct "Secret Shopper" test experience for phones, processes, etc.

Key Initiative FY 25/26 Milestone
Solicit feedback on Neighborhood Community Assessment
and other issues from the community
Conduct 4 neighborhood "town hall"
meetings.

Key Initiative FY 25/26 Milestone
Implement Computerized Maint. Management System. Notice of completion Develop A.I. Policy Council approval
Key Initiative FY 25/26 Milestone
Key Initiative FY 25/26 Milestone
Conduct Employee Job Satisfaction Survey Council recieve and file Strategy OR-2: Emphasize customer service and community priorities.

Organizational Effectiveness Goal - Deliver exemplary government services.

Strategy OR-1: Ensure fiscal stability to deliver services and maintain assets.

Strategy OR-3: Engage the entire community.

Strategy OR-4: Implement new technology.

Strategy OR-5: Encourage continuous improvement and best practices.

Strategy OR-6: Increase employee engagement and development programs. 4/9/2025 Key Initiatives 2025 7 of 8
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Key Initiative FY 25/26 Milestone
Research methodology to track "carbon footprint" at City facilities
Council receive and file
Properly dispose of waste at City facilites Deploy recycling, compost and landfill bins at City facilities.

Key Initiative FY 25/26 Milestone
Prepare Regional Shoreline Adaptation Plan to protect
against sealevel rise (SB 272)
Council approve SOW for Regional
Shorline Adaptation Plan
Key Initiative FY 25/26 Milestone
Increase community usuage of Napa County Climate
Challenge App
Promote app through City media
network
Work with BayRen and others to promote retro-fitting older homes to be more energy efficient
Promote grant funding programs
through City media network
Adopt Napa Countywide Regional Climate Action and
Adaptation Plan (RCAAP)
Council approval
Key Initiative FY 25/26 Milestone
Analyze Urban Limit Line (ULL) from an environmental
perspective
Council review ULL Agreement with
OSATS
Strategy ES-2: Increase Resiliency by Fortifying Vulnerabilities.

Strategy ES-3: Collaborate with Partners to Reduce Climate Pollutants.

Strategy ES-4: Ensure Future Development is Environmnetally Sustainable Environmental Sustainability Goal: Demonstrate leadership in environmentally sustainability.

Strategy ES-1: Achieve Net-Zero Climate Pollution for City Operations 4/9/2025 Key Initiatives 2025 8 of 8
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1272

CITY COUNCIL AGENDA
APRIL 15, 2025

STAFF REPORT

MANAGEMENT AND STAFF ORAL REPORTS
ITEM NUMBER: 11.

TITLE
Parks and Recreation Department Update

RECOMMENDATION
Receive and file a presenta(on on the Parks and Recrea(on Department Update from January 1, 2024 through December 31, 2024.

CONTACT
Alexandra Ikeda, Parks and Recreation Director

BACKGROUND & ANALYSIS
The City of American Canyon's Parks and Recrea(on Department is commi5ed to enhancing our community's quality of life, and we play a significant role in shaping American Canyon's character and sense of place. We strive to meet the needs of our diverse and mul(genera(onal community by offering a wide variety of recrea(onal programs, services, parks, trails, and open spaces. We con(nue to be an essen(al func(on of our community by promo(ng physical, emo(onal, and mental health by encouraging physical fitness and outdoor play; we foster social cohesiveness by celebra(ng diversity and promo(ng social equity; we create memorial experiences through our community events and partnerships; we sustain and steward natural resources by protec(ng sensi(ve habitats and species within our open spaces; and we support economic vitality by partnering and supporting our local nonprofits, community partners and businesses.

The Parks and Recrea(on Department is staffed by (1) Full-Time Recrea(on Manager, (4) Full-Time Recrea(on Coordinators, (2) Administra(ve Clerk II, and various Part-Time staff who are directly (ed to our programs and services, with management and oversight by the Parks and Recrea(on Director.

Below is an overview of our program registra(on ac(vity, community volunteer efforts, and so much more from January 1, 2024 through December 31, 2024.

Program Registration
CivicRec remains to be a smart and reliable investment for our registra(on needs, providing an intui(ve experience for both our staff and customers. It has improved our opera(ons, streamlined repor(ng and data tracking, and serves as a comprehensive, all-in-one solu(on for everything we do 1273
in parks and recrea(on. As of 2024, our system includes 12,491 household accounts, with 7,219 belonging to American Canyon residents. Addi(onally, a total of 14,625 transac(ons were processed through CivicRec this year, whether online, over the phone, or in person. 2022 2023 2024
CivicRec Users 5,473 8,574 12,491
Residents: 4,673 Residents: 7,219
Non Residents: 3,901 Non Residents: 5,272
Senior Services Drop-In 68 1,152 1,858
Adult Sports Drop-In 302 1,043 3,763
Water Exercise Drop-In 901 2,121 2,019
Lap Swim Drop-In 348 899 774
Youth Sports 992 1,160 1,185
Youth Dance 981 1,299 997
Youth Enrichment 81 189 304
Group Swim Lessons 801 1,094 1,055
Semi-Private Swim
Lessons
128 71 60
Private Swim Lessons 102 166 157
Lifeguard Training 25 22 19
Jr. Lifeguard Program 5
Lap Swim Passes 63 49 36
Water Exercise Passes 639 162 51
Recreation Swim 2,164 1,784 2,325
Canyon Kids Camp 12 31
Open Space Camp 19
Total: 7,607 11,211 14,658
Facility Rentals
Whether you're planning a birthday party, family reunion, corporate event, or any other special gathering, our well-maintained parks and facili(es con(nue to be popular ameni(es in our community. We offer several park group picnic areas throughout the City, available on a first-come, first-serve basis from sunrise to sunset. Reserva(ons for these spaces are exclusive to American Canyon residents.
2022 2023 2024
Group Picnic Rentals:

Total
206 151 120
Shenandoah A 58 57 60
Shenandoah B 51 27 16
Silver Oak 32 21 16
Community Park I 31 37 22
1274
Gadwall 24 6 3
Via Bellagio
Main Street 7
Linwood 1
Northampton 1
Veterans 3 3
Pelleria 1
Facility Rentals: Total 9 60 80
Adult Activity Center 6 34 36
Recreation Building 3 19 11
Former Napa Junction
Community Center
7 33
Volunteer Programs
We recognize the importance of our volunteers and how they help make our community a be5er place to live, work, and play. We offer a wide variety of volunteer opportunities throughout the year, focusing our efforts in our parks, events, and programs. To date, we have worked alongside 124 volunteers, equa(ng to 615 volunteer hours. Some of the volunteer events include Coastal Cleanup Day, Community Garden Cleanup Day, Veterans Day Ceremony, Jr. Warriors Basketball program, and the Adult Activity Center instructors.

Community Nonprofits
American Canyon's nonprofit organiza(ons and community partners play a vital role in enhancing the quality of life of our residents. They foster civic engagement and leadership by providing essen(al educa(onal, recrea(onal, cultural, and social services that are both needed and valued in our community. Our department proudly collaborates with 44 American Canyon nonprofit organiza(ons, offering city resources such as staff support, supplies, and facili(es at no cost to help ensure the success of their programs, services, and events. In 2024, we supported 49 community nonprofit events, provided 1,555 sports field hours and 208 facility rental hours for community events - free of charge, reinforcing our commitment to these organiza(ons and the invaluable contributions they make to our community.

Community Events
Community events play a vital role in bringing people together, fostering connec(ons, and celebra(ng our rich cultural diversity that makes American Canyon unique. Our events honor the tradi(ons, heritage, and stories of our residents, crea(ng opportuni(es to learn from one another and build a stronger, more inclusive, and vibrant community. By embracing and celebra(ng our diverse backgrounds, we create las(ng memories and a deeper sense of belonging for all who call American Canyon home.
2022 2023 2024
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Veterans Day Ceremony 300 250 300
Magic of the Season 700 1,000 2,000
Memorial Day
Ceremony
350 250 300
4th of July 6,800 12,600 10,100
Community Recognition
Ball
50 91
Bunny Brunch 29
May the 4th Be With
You
25 Water Carnival 119 79 120
S'mores and Meteors 110 116 130
Coastal Cleanup Day 46 50 50
Pumpkin Patch Splash 63 20 149
Barktoberfest 400
Donuts with Santa 58 71 105
Open Spaces
American Canyon's open spaces and trails offer a breathtaking escape into nature, giving residents and visitors the opportunity to explore the beauty of our region while promo(ng outdoor recrea(on and wellness. Two of our most treasured natural spaces, the Newell Open Space Preserve and the Wetland Edge Preserve, draw hikers, cyclists, and nature enthusiasts from across the region, showcasing what truly makes American Canyon a premier recrea(onal des(na(on. Whether birdwatching, hiking, or enjoying a leisurely stroll, these open spaces provide meaningful opportuni(es to connect with nature. Our commitment extends beyond recrea(on - we are dedicated to environmental conserva(on, educa(on, and responsible stewardship of our open spaces, ensuring the protection of the wildlife that call these areas home for generations to come. 2022 2023 2024
Newell Open Space
Preserve
12,300 11,000 8,200
Wetlands Edge Preserve 48,900 49,700 69,800
Looking Forward
As we look ahead into 2025, we are excited to con(nue to build on our progress and enhance the programs and services that make American Canyon the best place to live, work, and play. Planning for the summer season is underway, with a focus on delivering engaging community events, expanding volunteer opportuni(es, and offering a diverse lineup of summer programs, classes, and 1276
camps for all ages. Addi(onally, we are embarking on a key long-term project of upda(ng our Parks and Community Services Master Plan, finalizing the naming selec(on for the "former" Napa Junc(on Elementary School, Community Park I, and Community Park II, and lastly finishing the update to the Newell Open Space Management Plan. With these ini(a(ves, we remain commi5ed to fostering a thriving, inclusive, and well-connected community while preserving and enhancing the spaces that make American Canyon special.

ATTACHMENTS:

None
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City Council Committee Report
Submitted
by: *
Mayor Pierre Washington Council
Meeting
Date:
04/15/2025
Event
Date:
04/04/2025 Event Type Committee Report
Event Title: * North Bay Watershed Association (NBWA)
Event Report: The North Bay Watershed Association is a group of diverse regional and local public agencies throughout the North Bay region working to craft regional approaches to managing our common watershed.

Association members work cooperatively on water resources issues and go beyond traditional boundaries to promote good stewardship of the North Bay watersheds.

Guest Presentation— Golden Mussel Prevention Program for Lake Berryessa
Drew Gantner, Manager of Water Resources, Solano County Water Agency.

Drew provided an overview of the Lake Berryessa Mussel Prevention Program, which has gone through some dramatic changes in the past several months due to the recent discovery of invasive golden mussels in the Sacramento-San Joaquin Delta. Drew covered the history of global and regional spread, biology, effects of these mussels, the current status of the mussel prevention program, as well as the role SCWA is taking with its partners at Lake Berryessa.

Fast Facts About the Golden Mussel
What happened: Golden Mussels (Limnoperna fortunei) were discovered at Rough & Ready Island near Stockton, California, on October 17, 2024.

Global threat: The Golden Mussel is considered one of the highest-risk invasive species globally.

First in North America: This is the first-ever detection of the Golden Mussel in North America.

Rapid spread potential: In Brazil, Golden Mussels have spread at a rate of over 240 km/year, posing an urgent threat to both ecosystems and water infrastructure.

After the NBWA the Board visited the American Canyon ECO Center for a site tour with the Executive Director of ACCPF, Janelle Selleck.
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File/Photo Upload Max file size for all uploads is 25 MB Event
Date:
02/04/2025 Event Type Conference
Event Title: * Adobe Redevelopment meeting
Event Report: On April 2, 2025, City Manager Jason Holley, Development Director Brent Cooper and Public Works Director Erica Ahmann-Smithies met with Adobe Lumber owners and staff to discuss Adobe Redevelopment. This was a very productive meeting confirming collaborative efforts with the Watson Ranch Project.

File/Photo Upload Max file size for all uploads is 25 MB Event
Date:
06/04/2025 Event Type Community Event
Event Title: * Holi Festival of Colors @ Shenandoah Park Event Report: On Sunday, April 6, 2025, several dozen residents gathered in Shenandoah Park to celebrate Holi, the Hindu festival of colors, a vibrant celebration of spring, love, and the triumph of good over evil, marked by the throwing of colored powders.

Special thanks to our own Arvind Nischal (and his lovely wife, Jyoti) for providing this event, the colored powders and sharing it with our community.
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File/Photo Upload Max file size for all uploads is 25 MB 1282
Future Agenda Items
April 24, 2025 – Planning Commission Meeting. 6:30 p.m.

Annual CIP Update
285 Napa Junction Appeal
NACC DA Extension
May 6, 2025 – Regular City Council Meeting. 6:30 p.m.

Presentation - ACHS Link Crew
Proclamation - Napa Valley Youth of the Year Melody Kondor Proclamation - National Water Safety Month
Presentation - Update from Supervisor Ramos
Measure U 5-Year Street Project List
Green Island Road Widening
Rancho Del Mar Paving and Reconstruction
Public Works Utilities Update
May 7, 2025 - OSATS Meeting. 6:30 p.m.

Parks and Community Services Master Plan
OSATS Draft Annual Work Plan FY25/26
May 8, 2025 - Parks and Community Services Meeting. 6:30 p.m.

Parks and Community Services Master Plan
PCS Draft Annual Work Plan FY25/26
May 20, 2025 - Regular City Council Meeting. 6:30 p.m.

Presentation - Kids Commerce/Fee Waiver; Meet Me in the Street Proclamation - Public Works Week
Proclamation – Mental Health Matters
Presentation - Housing Authority of the City of Napa Annual Report Presentation - Fair Housing Napa Valley Annual Report
Presentation - Napa Sonoma ADU
General Plan Update, EIR, and Zoning Update First Reading LLAD 2025/26 Engineer’s Report
FY 2025/26 Preliminary Budget
May 22, 2025 – Planning Commission Meeting. 6:30 p.m.

June 3, 2025 - Regular City Council Meeting. 6:30p Open Session FY 2025/26 Final Budget
NACC DA Extension First Reading
LLAD 2025/26 Budget
June 17, 2025 - Regular City Council Meeting/Joint PCS and OSATS. 6:30p Open Session OSATS Work Plan FY25/26 – Joint with OSATS
Newell Management Plan – Joint with OSATS
PCS Work Plan FY25/26 – Joint with PCS
Facility Naming – Joint with PCS
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Future Agenda Items
June 26, 2025 - Planning Commission Meeting. 6:30 p.m.

July 15, 2025 - Regular City Council Meeting 6:30p Open Session Newell Open Space Management Plan
Q1 CIP Update
Unscheduled Council Directed Items Councilmember
Date of Council
Vote Notes
American Canyon History Report Washington 7/18/2023 In progress, PCS on 4/10 Alignment of West Side Connector Joseph 10/17/2023
In progress pending General Plan Update
(May 2025)
All Electric Reach Code (Discussion only) Joseph 11/7/2023 On hold pending RCAAP and Berkeley
litigation.

Food Ware Ordinance Joseph 9/17/2024 On hold, pending RCAAP Purple Heart Designation Washington 10/15/2024 In progress, council date TBD A.I. Policy Oro 12/3/2024 In progress, council date TBD Certification Program for Non-Profits Joseph 12/17/2024 In progress, council date TBD 1284

American Canyon City CouncilApril 15, 2025

American Canyon City Council
April 15, 2025