STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-15 21676 Review of Local General Plans
(a) Each local agency whose general plan includes areas covered by an airport land use compatibility plan shall, by July 1, 1983, submit a copy of its plan or specific plans to the airport land use commission. The commission shall determine by August 31, 1983, whether the plan or plans are consistent or inconsistent with the airport land use compatibility plan. If the plan or plans are inconsistent with the airport land use compatibility plan, the local agency shall be notified and that local agency shall have another hearing to reconsider its airport land use compatibility plans.
The local agency may propose to overrule the commission after the hearing by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the final record of any final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body.
(b) Prior to the amendment of a general plan or specific plan, or the adoption or approval of a zoning ordinance or building regulation within the planning boundary established by the airport land use commission pursuant to Section 21675, the local agency shall first refer the proposed action to the commission. If the commission determines that the proposed action is inconsistent with the commission’s plan, the referring agency shall be notified. The local agency may, after a public hearing, propose to overrule the commission by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the public record of any final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. (c) Each public agency owning any airport within the boundaries of an airport land use compatibility plan shall, prior to modification of its airport master plan, refer any proposed change to the airport land use commission. If the commission determines that the proposed action is inconsistent with the commission’s plan, the referring agency shall be notified. The public agency may, after a public hearing, propose to overrule the commission by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the public agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the public agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time 1242
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-16 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) limit, the public agency governing body may act without them. The comments by the division or the commission are advisory to the public agency governing body. The public agency governing body shall include comments from the commission and the division in the final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. (d) Each commission determination pursuant to subdivision (b) or (c) shall be made within 60 days from the date of referral of the proposed action. If a commission fails to make the determination within that period, the proposed action shall be deemed consistent with the airport land use compatibility plan.
(Amended by Stats. 2003, Ch. 351, Sec. 3. Effective January 1, 2004.) 21676.5 Review of Local Plans
(a) If the commission finds that a local agency has not revised its general plan or specific plan or overruled the commission by a two-thirds vote of its governing body after making specific findings that the proposed action is consistent with the purposes of this article as stated in Section 21670, the commission may require that the local agency submit all subsequent actions, regulations, and permits to the commission for review until its general plan or specific plan is revised or the specific findings are made. If, in the determination of the commission, an action, regulation, or permit of the local agency is inconsistent with the airport land use compatibility plan, the local agency shall be notified and that local agency shall hold a hearing to reconsider its plan. The local agency may propose to overrule the commission after the hearing by a two-thirds vote of its governing body if it makes specific findings that the proposed action is consistent with the purposes of this article as stated in Section 21670. At least 45 days prior to the decision to overrule the commission, the local agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the local agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the local agency governing body may act without them. The comments by the division or the commission are advisory to the local agency governing body. The local agency governing body shall include comments from the commission and the division in the final decision to overrule the commission, which may only be adopted by a two-thirds vote of the governing body. (b) Whenever the local agency has revised its general plan or specific plan or has overruled the commission pursuant to subdivision (a), the proposed action of the local agency shall not be subject to further commission review, unless the commission and the local agency agree that individual projects shall be reviewed by the commission. (Amended by Stats. 2003, Ch. 351, Sec. 4. Effective January 1, 2004.) 21677 Marin County Override Provisions
Notwithstanding the two-thirds vote required by Section 21676, any public agency in the County of Marin may overrule the Marin County Airport Land Use Commission by a majority vote of its governing body. At least 45 days prior to the decision to overrule the commission, the public agency governing body shall provide the commission and the division a copy of the proposed decision and findings. The commission and the division may provide comments to the public agency governing body within 30 days of receiving the proposed decision and findings. If the commission or the division’s comments are not available within this time limit, the public agency governing body may act 1243
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-17 without them. The comments by the division or the commission are advisory to the public agency governing body. The public agency governing body shall include comments from the commission and the division in the public record of the final decision to overrule the commission, which may be adopted by a majority vote of the governing body.
(Amended by Stats. 2003, Ch. 351, Sec. 5. Effective January 1, 2004.) 21678 Airport Owner’s Immunity
With respect to a publicly owned airport that a public agency does not operate, if the public agency pursuant to Section 21676, 21676.5, or 21677 overrules a commission’s action or recommendation, the operator of the airport shall be immune from liability for damages to property or personal injury caused by or resulting directly or indirectly from the public agency’s decision to overrule the commission’s action or recommendation.
(Amended by Stats. 2003, Ch. 351, Sec. 6. Effective January 1, 2004.) 21679 Court Review
(a) In any county in which there is no airport land use commission or other body designated to assume the responsibilities of an airport land use commission, or in which the commission or other designated body has not adopted an airport land use compatibility plan, an interested party may initiate proceedings in a court of competent jurisdiction to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, that directly affects the use of land within one mile of the boundary of a public airport within the county.
(b) The court may issue an injunction that postpones the effective date of the zoning change, zoning variance, permit, or regulation until the governing body of the local agency that took the action does one of the following:
(1) In the case of an action that is a legislative act, adopts a resolution declaring that the proposed action is consistent with the purposes of this article stated in Section 21670. (2) In the case of an action that is not a legislative act, adopts a resolution making findings based on substantial evidence in the record that the proposed action is consistent with the purposes of this article stated in Section 21670.
(3) Rescinds the action.
(4) Amends its action to make it consistent with the purposes of this article stated in Section 21670, and complies with either paragraph (1) or (2), whichever is applicable. (c) The court shall not issue an injunction pursuant to subdivision (b) if the local agency that took the action demonstrates that the general plan and any applicable specific plan of the agency accomplishes the purposes of an airport land use compatibility plan as provided in Section 21675. (d) An action brought pursuant to subdivision (a) shall be commenced within 30 days of the decision or within the appropriate time periods set by Section 21167 of the Public Resources Code, whichever is longer.
(e) If the governing body of the local agency adopts a resolution pursuant to subdivision (b) with respect to a publicly owned airport that the local agency does not operate, the operator of the 1244
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-18 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) airport shall be immune from liability for damages to property or personal injury from the local agency’s decision to proceed with the zoning change, zoning variance, permit, or regulation. (f) As used in this section, “interested party” means any owner of land within two miles of the boundary of the airport or any organization with a demonstrated interest in airport safety and efficiency.
(Amended by Stats. 2002, Ch. 438, Sec. 21. Effective January 1, 2003.) 21679.5 Deferral of Court Review
(a) Until June 30, 1991, no action pursuant to Section 21679 to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport, shall be commenced in any county in which the commission or other designated body has not adopted an airport land use compatibility plan, but is making substantial progress toward the completion of the airport land use compatibility plan.
(b) If a commission has been prevented from adopting the airport land use compatibility plan by June 30, 1991, or if the adopted airport land use compatibility plan could not become effective, because of a lawsuit involving the adoption of the airport land use compatibility plan, the June 30, 1991 date in subdivision (a) shall be extended by the period of time during which the lawsuit was pending in a court of competent jurisdiction.
(c) Any action pursuant to Section 21679 commenced prior to January 1, 1990, in a county in which the commission or other designated body has not adopted an airport land use compatibility plan, but is making substantial progress toward the completion of the airport land use compatibility plan, which has not proceeded to final judgment, shall be held in abeyance until June 30, 1991. If the commission or other designated body adopts an airport land use compatibility plan on or before June 30, 1991, the action shall be dismissed. If the commission or other designated body does not adopt an airport land use compatibility plan on or before June 30, 1991, the plaintiff or plaintiffs may proceed with the action.
(d) An action to postpone the effective date of a zoning change, a zoning variance, the issuance of a permit, or the adoption of a regulation by a local agency, directly affecting the use of land within one mile of the boundary of a public airport for which an airport land use compatibility plan has not been adopted by June 30, 1991, shall be commenced within 30 days of June 30, 1991, or within 30 days of the decision by the local agency, or within the appropriate time periods set by Section 21167 of the Public Resources Code, whichever date is later. (Amended by Stats. 2002, Ch. 438, Sec. 22. Effective January 1, 2003.) 1245
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-19 D9(P1) – CH3(EXCERPTS)
Division 9–Aviation
Part 1–State Aeronautics Act
Chapter 3–Regulation of Aeronautics (excerpts)
21402 Ownership; Prohibited Use of Airspace
The ownership of the space above the land and waters of this State is vested in the several owners of the surface beneath, subject to the right of flight described in Section 21403. No use shall be made of such airspace which would interfere with such right of flight; provided that any use of property in conformity with an original zone of approach of an airport shall not be rendered unlawful by reason of a change in such zone of approach.
(Amended by Stats. 1957, Ch. 1651.)
21403 Lawful Flight; Flight Within Airport Approach Zone (a) Flight in aircraft over the land and waters of this state is lawful, unless at altitudes below those prescribed by federal authority, or unless conducted so as to be imminently dangerous to persons or property lawfully on the land or water beneath. The landing of an aircraft on the land or waters of another, without his or her consent, is unlawful except in the case of a forced landing or pursuant to Section 21662.1. The owner, lessee, or operator of the aircraft is liable, as provided by law, for damages caused by a forced landing.
(b) The landing, takeoff, or taxiing of an aircraft on a public freeway, highway, road, or street is unlawful except in the following cases:
(1) A forced landing.
(2) A landing during a natural disaster or other public emergency if the landing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road, or street.
(3) When the landing, takeoff, or taxiing has received prior approval from the public agency having primary jurisdiction over traffic upon the freeway, highway, road or street.
The prosecution bears the burden of proving that none of the exceptions apply to the act which is alleged to be unlawful.
(c) The right of flight in aircraft includes the right of safe access to public airports, which includes the right of flight within the zone of approach of any public airport without restriction or hazard.
The zone of approach of an airport shall conform to the specifications of Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration, Department of Transportation. (Amended by Stats. 1987, Ch. 1215, Sec. 3.)
1246
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-20 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) D9(P1) – CH4(2.7 EXCERPTS)
Division 9–Aviation
Part 1–State Aeronautics Act
Chapter 4–Airports and Air Navigation Facilities
Article 2.7–Regulation of Obstructions (excerpts)
21655 Proposed Site for Construction of State Building Within Two Miles of Airport Boundary Notwithstanding any other provision of law, if the proposed site of any state building or other enclosure is within two miles, measured by air line, of that point on an airport runway, or runway proposed by an airport master plan, which is nearest the site, the state agency or office which proposes to construct the building or other enclosure shall, before acquiring title to property for the new state building or other enclosure site or for an addition to a present site, notify the Department of Transportation, in writing, of the proposed acquisition. The department shall investigate the proposed site and, within 30 working days after receipt of the notice, shall submit to the state agency or office which proposes to construct the building or other enclosure a written report of the investigation and its recommendations concerning acquisition of the site.
If the report of the department does not favor acquisition of the site, no state funds shall be expended for the acquisition of the new state building or other enclosure site, or the expansion of the present site, or for the construction of the state building or other enclosure, provided that the provisions of this section shall not affect title to real property once it is acquired. 21658 Construction of Utility Pole or Line in Vicinity of Aircraft Landing Area No public utility shall construct any pole, pole line, distribution or transmission tower, or tower line, or substation structure in the vicinity of the exterior boundary of an aircraft landing area of any airport open to public use, in a location with respect to the airport and at a height so as to constitute an obstruction to air navigation, as an obstruction is defined in accordance with Part 77 of the Federal Aviation Regulations, Federal Aviation Administration, or any corresponding rules or regulations of the Federal Aviation Administration, unless the Federal Aviation Administration has determined that the pole, line, tower, or structure does not constitute a hazard to air navigation. This section shall not apply to existing poles, lines, towers, or structures or to the repair, replacement, or reconstruction thereof if the original height is not materially exceeded and this section shall not apply unless compensation shall have first been paid to the public utility by the owner of any airport for any property or property rights which would be taken or damaged hereby. (Amended by Stats. 1982, Ch. 681, Sec. 37.)
1247
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-21 21659 Hazards Near Airports Prohibited
(a) No person shall construct or alter any structure or permit any natural growth to grow at a height which exceeds the obstruction standards set forth in the regulations of the Federal Aviation Administration relating to objects affecting navigable airspace contained in Title 14 of the Code of Federal Regulations, Part 77, Subpart C, unless the Federal Aviation Administration has determined that the construction, alteration, or growth does not constitute a hazard to air navigation or would not create an unsafe condition for air navigation. (b) Subdivision (a) does not apply to a pole, pole line, distribution or transmission tower, or tower line or substation of a public utility, as specified in Section 21658. (Amended by Stats. 2018, Ch. 198, Sec. 3. (AB 3246) Effective January 1, 2019.) 1248
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-22 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) D(9) – CH4(3 EXCERPTS)
Division 9–Aviation
Part 1–State Aeronautics Act
Chapter 4–Airports and Air Navigation Facilities
Article 3–Regulation of Airports (excerpts)
21661.5 City Council or Board of Supervisors and ALUC Approvals (a) No political subdivision, any of its officers or employees, or any person may submit any application for the construction of a new airport to any local, regional, state, or federal agency unless the plan for construction is first approved by the board of supervisors of the county, or the city council of the city, in which the airport is to be located and unless the plan is submitted to the appropriate commission exercising powers pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9, and acted upon by that commission in accordance with the provisions of that article.
(b) A county board of supervisors or a city council may, pursuant to Section 65100 of the Government Code, delegate its responsibility under this section for the approval of a plan for construction of new helicopter landing and takeoff areas, to the county or city planning agency. (Amended by Stats. 2005, Ch. 22, Sec. 172. Effective January 1, 2006.) 21664.5 Amended Airport Permits; Airport Expansion Defined (a) An amended airport permit shall be required for every expansion of an existing airport. An applicant for an amended airport permit shall comply with each requirement of this article pertaining to permits for new airports. The department may by regulation provide for exemptions from the operation of this section pursuant to Section 21661, except that no exemption shall be made limiting the applicability of subdivision (e) of Section 21666, pertaining to environmental considerations, including the requirement for public hearings in connection therewith. (b) As used in this section, “airport expansion” includes any of the following:
(1) The acquisition of runway protection zones, as defined in Federal Aviation Administration Advisory Circular 150/1500-13 or of any interest in land for the purpose of any other expansion as set forth in this section.
(2) The construction of a new runway.
(3) The extension or realignment of an existing runway. (4) Any other expansion of the airport’s physical facilities for the purpose of accomplishing or which are related to the purpose of paragraph (1), (2), or (3). (c) This section does not apply to any expansion of an existing airport if the expansion commenced on or prior to the effective date of this section and the expansion met the approval, on or prior to that effective date, of each governmental agency that required the approval by law. (Amended by Stats. 1998, Ch. 877, Sec. 1. Effective January 1, 1999.) 1249
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-23 D(9) – CH2(1)
Division 9–Aviation
Part 1–State Aeronautics Act
Chapter 2–Department of Transportation and State Aeronautics Board Article 1–Department of Transportation
21208
(a) The department shall establish an advisory panel to be known as the Advanced Air Mobility, ZeroEmission, and Electrification Aviation Advisory Panel to assess all of the following:
(1) The feasibility and readiness of existing infrastructure in the state to support a vertiport network to facilitate the development of advanced air mobility services. (2) The development of a three-year prioritized workplan that maps out medium-term state activities necessary for the state to advance advanced air mobility services for Californians. (3) Pathways for promoting equity of access to advanced air mobility infrastructure to ensure open access and prohibit the monopolization of advanced air mobility infrastructure ownership and operations.
(b) Members of the advisory panel shall be appointed by the department as follows:
(1) Representatives from appropriate state agencies and departments, as determined by the department, including, but not limited to, the Office of Planning and Research and the State Air Resources Board.
(2) A representative from the general aviation industry. (3) A representative from commercial airports.
(4) Representatives of local government.
(5) Representatives of the advanced air mobility industry. (6) Other representatives as deemed necessary by the department. (c) (1) Not later than January 1, 2025, the department shall report to the Legislature on the infrastructure feasibility and readiness study and the three-year prioritized workplan described in subdivision (a).
(2) A report to be submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(d) The Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to meetings of the advisory panel established pursuant to this section.
(e) This section shall remain in effect only until January 1, 2026, and as of that date is repealed. (Added by Stats. 2023, Ch. 416, Sec. 1. (SB 800) Effective January 1, 2024. Repealed as of January 1, 2026, by its own provisions.) 1250
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-24 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
PLANNING AND ZONING LAW
GOVERNMENT CODE
T7(D1) – CH3(5 EXCERPTS)
Title 7–Planning and Land Use
Division 1–Planning and Zoning
Chapter 3–Local Planning
Article 5–Authority for and Scope of General Plans (excerpts) 65302.3 General and Applicable Specific Plans; Consistency with Airport Land Use Plans; Amendment; Nonconcurrence Findings
(a) The general plan, and any applicable specific plan prepared pursuant to Article 8 (commencing with Section 65450), shall be consistent with the plan adopted or amended pursuant to Section 21675 of the Public Utilities Code.
(b) The general plan, and any applicable specific plan, shall be amended, as necessary, within 180 days of any amendment to the plan required under Section 21675 of the Public Utilities Code. (c) If the legislative body does not concur with any provision of the plan required under Section 21675 of the Public Utilities Code, it may satisfy the provisions of this section by adopting findings pursuant to Section 21676 of the Public Utilities Code. (d) In each county where an airport land use commission does not exist, but where there is a military airport, the general plan, and any applicable specific plan prepared pursuant to Article 8 (commencing with Section 65450), shall be consistent with the safety and noise standards in the Air Installation Compatible Use Zone prepared for that military airport. (Amended by Stats. 2002, Ch. 971, Sec. 4. Effective January 1, 2003.) 1251
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-25 T7(D1) – CH3(10.6 EXCERPTS)
Title 7–Planning and Land Use
Division 1–Planning and Zoning
Chapter 3–Local Planning
Article 10–Housing Elements (excerpts)
65589.5 (d)
A local agency shall not disapprove a housing development project, including farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code, for very low, low-, or moderate-income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for the use of very low, low-, or moderate-income households, or an emergency shelter, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
(1) The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583.
Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.
(2) The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
(A) Inconsistency with the zoning ordinance or general plan land use designation. (B) The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
(3) The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without 1252
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-26 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. (4) The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
(5) The housing development project or emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with this article. For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
(A) This paragraph cannot be utilized to disapprove or conditionally approve a housing development project if the housing development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element, and consistent with the density specified in the housing element, even though it is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation.
(B) If the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584, then this paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed for a site designated in any element of the general plan for residential uses or designated in any element of the general plan for commercial uses if residential uses are permitted or conditionally permitted within commercial designations. In any action in court, the burden of proof shall be on the local agency to show that its housing element does identify adequate sites with appropriate zoning and development standards and with services and facilities to accommodate the local agency’s share of the regional housing need for the very low, low-, and moderate-income categories.
(C) If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583. (Amended by Stats. 2023, Ch. 768, Sec. 2. (AB 1633) Effective January 1, 2024. Inoperative January 1, 2031, pursuant to Sec. 1 of Stats. 2023, Ch. 768.)
1253
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-27 T7(D1) – CH4.1(2 EXCERPTS)
Title 7–Planning and Land Use
Division 1–Planning and Zoning
Chapter 4.1– Affordable Housing and High Road Jobs Act of 2022 Article 2–Affordable Housing Developments in Commercial Zones (excerpts) 65912.110
Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.114 if the proposed housing development satisfies all of the requirements in Sections 65912.111, 65912.112, and 65912.113.
(Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.) 65912.111
A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development is proposed to be located on a site that satisfies all of the following criteria:
(a) It is located in a zone where office, retail, or parking are a principally permitted use. (b) It is a legal parcel or parcels that meet either of the following:
(1) It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(c) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.
For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined.
(d) (1) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
(2) For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined.
(3) For purposes of this subdivision, “dedicated to industrial use” means any of the following:
(A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use. (C) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022.
1254
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-28 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (e) It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(f) It is not an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(g) For a site within a neighborhood plan area, the site satisfies either of the following conditions:
(1) As of January 1, 2022, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site.
(2) As of January 1, 2024, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site and all of the following occurred:
(A) A notice of preparation for the neighborhood plan was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code.
(B) The neighborhood plan was adopted on or after January 1, 2022, and before January 1, 2024.
(C) The environmental review for the neighborhood plan was completed before January 1, 2024.
(h) For a vacant site, the site satisfies both of the following:
(1) It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.
(2) It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179. (Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.) 65912.112
A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following affordability criteria:
(a) One hundred percent of the units within the development project, excluding managers’ units, shall be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. 1255
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-29 (b) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
(Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.) 65912.113
A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following objective development standards:
(a) The development shall be a multifamily housing development project. (b) The residential density for the development will meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2. (c) (1) The development proponent shall complete a phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code.
(2) If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (A) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (B) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (d) None of the housing on the site is located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code.
(e) None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
(f) The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards:
(1) The applicable objective standards shall be those for the zone that allows residential use at a greater density between the following:
(A) The existing zoning designation for the parcel if existing zoning allows multifamily residential use.
(B) The zoning designation for the closest parcel that allows residential use at a density that meets the requirements of subdivision (b).
(2) The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. 1256
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-30 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (g) For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(1) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (2) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the general plan.
(Amended by Stats. 2023, Ch. 131, Sec. 97. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
65912.114
(a) (1) If the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development.
(2) If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:
(A) Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units.
(B) Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units.
(b) If the local government fails to provide the required documentation pursuant to subdivision (a), the development shall be deemed to satisfy the required objective planning standards. (c) (1) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (2) For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. 1257
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-31 (d) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code.
(e) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1) Within 90 days of submittal of the development proposal to the local government pursuant to this section if the development contains 150 or fewer housing units. (2) Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units. (f) A development proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915.
(g) The local government shall ensure that the project satisfies the requirements specified in Article 2 (commencing with Section 66300.5) of Chapter 12, regardless of whether the development is within or not within an affected city or within or not within an affected county. (h) If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(i) A local government may, by ordinance adopted to implement this article, exempt a parcel from this section before a development proponent submits a development application on a parcel pursuant to this article if the local government makes written findings establishing all of the following:
(1) The local government has identified one or more parcels that meet the criteria described in subdivisions (b) through (f) of Section 65912.111.
(2) (A) If a parcel identified in paragraph (1) would not otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed pursuant to the requirements of this chapter. A parcel reclassified for development pursuant to this subparagraph shall be suitable for residential development. For purposes of this subparagraph, a parcel suitable for residential development shall have the same meaning as “land suitable for residential development,” as defined in Section 65583.2.
1258
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-32 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (B) If a parcel identified in paragraph (1) would otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed ministerially at residential densities above the residential density required in subdivision (b) of Section 65912.113.
(3) The substitution of the parcel or parcels identified in this subdivision for parcels reclassified pursuant to paragraph (2) will result in all of the following:
(A) No net loss of the total potential residential capacity in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. (B) No net loss of the total potential residential capacity of housing affordable to lower income households in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision.
(C) Affirmative furthering of fair housing.
(4) A parcel or parcels reclassified for development pursuant to subparagraph (A) of paragraph (2) shall be eligible for development pursuant to this chapter notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances, and a parcel or parcels reclassified for development pursuant to subparagraph (B) of paragraph (2) shall be developed ministerially at the densities and heights specified in the ordinance notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances.
(5) The local government has completed all of the rezonings required pursuant to subdivision (c) of Section 65583 for the sixth revision of its housing element. (j) A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (f) of Section 65913.4.
(k) Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (g) of Section 65913.4. (l) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section.
(m) A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4. 1259
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-33 (n) A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (h) of Section 65913.4. (o) A local government may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code. (Amended by Stats. 2023, Ch. 754, Sec. 1. (AB 1218) Effective January 1, 2024. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
1260
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-34 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) T7(D1) – CH4.1(3 EXCERPTS)
Title 7–Planning and Land Use
Division 1–Planning and Zoning
Chapter 4.1– Affordable Housing and High Road Jobs Act of 2022 Article 3–Mixed-Income Housing Developments Along Commercial Corridors (excerpts) 65912.120
Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.124 if the proposed housing development satisfies all of the requirements in Sections 65912.121, 65912.122, and 65912.123.
(Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.) 65912.121
A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project is on a site that satisfies all of the following criteria:
(a) It is located within a zone where office, retail, or parking are principally permitted use. (b) It is located on a legal parcel or parcels that meet either of the following:
(1) It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(c) The project site abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet.
(d) The site is not greater than 20 acres.
(e) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.
For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined.
(f) (1) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
(2) For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined.
(3) For purposes of this subdivision, “dedicated to industrial use” means any of the following:
(A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use. 1261
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-35 (C) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022.
(g) It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(h) The development is not located on a site where any of the following apply:
(1) The development would require the demolition of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by tenants within the past 10 years, excluding any manager’s units.
(2) The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submits an application under this article.
(3) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(4) The property contains one to four dwelling units.
(5) The property is vacant and zoned for housing but not for multifamily residential use. (6) The existing parcel of land or site is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(i) For a site within a neighborhood plan area, the site satisfies either of the following conditions:
(1) As of January 1, 2022, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site.
(2) As of January 1, 2024, there was a neighborhood plan applicable to the site that permitted multifamily housing development on the site and all of the following occurred:
(A) A notice of preparation for the neighborhood plan was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code.
(B) The neighborhood plan was adopted on or after January 1, 2022, and before January 1, 2024.
(C) The environmental review for the neighborhood plan was completed before January 1, 2024.
(j) For a vacant site, the site satisfies both of the following:
1262
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-36 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (1) It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.
(2) It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179. (Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.) 65912.122
A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following affordability criteria:
(a) (1) A rental housing development shall include either of the following:
(A) Eight percent of the units for very low income households and 5 percent of the units for extremely low income households.
(B) Fifteen percent of the units for lower income households. (2) The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable rental units included pursuant to this subdivision for 55 years. Rents shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(b) (1) An owner-occupied housing development shall include either of the following:
(A) Thirty percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households. (B) Fifteen percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households. (2) The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable ownership units for a period of 45 years. (c) If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following:
(1) The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher.
(2) The development project shall meet the lowest income targeting in either policy. (3) If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable to very low and extremely low income households, then the rental housing development shall do both of the following:
(A) Include 8 percent of the units for very low income households and 5 percent of the units for extremely low income households.
1263
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-37 (B) Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local policy at the highest required affordability level.
(d) Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.
(Added by Stats. 2022, Ch. 647, Sec. 3. (AB 2011) Effective January 1, 2023. Operative July 1, 2023, pursuant to Sec. 7 of Stats. 2022, Ch. 647. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.) 65912.123
A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following objective development standards:
(a) The development shall be a multifamily housing development project. (b) The residential density for the development shall be determined as follows:
(1) In a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the residential density for the development shall meet or exceed the greater of the following:
(A) The residential density allowed on the parcel by the local government. (B) For sites of less than one acre in size, 30 units per acre. (C) For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 40 units per acre.
(D) For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 60 units per acre.
(E) Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 80 units per acre.
(2) In a jurisdiction that is not a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the residential density for the development shall meet or exceed the greater of the following:
(A) The residential density allowed on the parcel by the local government. (B) For sites of less than one acre in size, 20 units per acre. (C) For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 30 units per acre.
(D) For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 50 units per acre.
(E) Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 70 units per acre.
(c) The height limit applicable to the housing development shall be the greater of the following:
1264
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-38 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (1) The height allowed on the parcel by the local government. (2) For sites on a commercial corridor of less than 100 feet in width, 35 feet. (3) For sites on a commercial corridor of 100 feet in width or greater, 45 feet. (4) Notwithstanding paragraphs (2) and (3), 65 feet for sites that meet all of the following criteria:
(A) They are within one-half mile of a major transit stop. (B) They are within a city with a population of greater than 100,000. (C) They are not within a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(d) The property meets the following setback standards:
(1) For the portion of the property that fronts a commercial corridor, the following shall occur:
(A) No setbacks shall be required.
(B) All parking must be set back at least 25 feet.
(C) On the ground floor, a building or buildings must abut within 10 feet of the property line for at least 80 percent of the frontage.
(2) For the portion of the property that fronts a side street, a building or buildings must abut within 10 feet of the property line for at least 60 percent of the frontage. (3) For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this chapter, in which case the requirements of subparagraph (A) of paragraph (4) apply. (4) For the portion of the property line that does not abut a commercial corridor, a side street, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur:
(A) Along property lines that abut a property that contains a residential use, the following shall occur:
(i)The ground floor of the development project shall be set back at 10 feet. The amount required to be set back may be decreased by the local government. (ii) Starting with the second floor of the property, each subsequent floor of the development project shall be stepped back in an amount equal to seven feet multiplied by the floor number. For purposes of this paragraph, the ground floor counts as the first floor. The amount required to be stepped back may be decreased by the local government.
(B) Along property lines that abut a property that does not contain a residential use, the development shall be set back 15 feet. The amount required to be stepped back may be decreased by the local government.
1265
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-39 (e) No parking shall be required, except that this article shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development to provide bicycle parking, electric vehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this article did not apply. (f) (1) The development proponent shall complete a phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code.
(2) If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (A) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (B) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (g) None of the housing on the site is located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code.
(h) None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
(i) (1) The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted. (2) The development proponent shall provide relocation assistance to each eligible commercial tenant located on the site as follows:
(A) For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent. (B) For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equivalent to nine months’ rent. (C) For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent. (D) For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent. (E) For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent.
(3) The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant.
(4) For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the following criteria:
1266
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-40 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (A) The commercial tenant is an independently owned and operated business with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located.
(B) The commercial tenant’s lease expired and was not renewed by the property owner. (C) The commercial tenant’s lease expired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article.
(D) The commercial tenant employs 20 or fewer employees and has annual average gross receipts under one million dollars ($1,000,000) for the three-taxable-year period ending with the taxable year that precedes the expiration of their lease. (E) The commercial tenant is still in operation on the site at the time of the expiration of its lease.
(5) Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria:
(A) The commercial tenant entered into a lease on the site after the development proponent’s submission of the application for a housing development pursuant to this article.
(B) The commercial tenant had not previously entered into a lease on the site. (6) (A) The commercial tenant shall utilize the funds provided by the development proponent to relocate the business or for costs of a new business. (B) Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease.
(7) For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months. (j) Other objective zoning standards, objective subdivision standards, and objective design review standards as follows:
(1) The applicable objective standards shall be those for the closest zone in the city, county, or city and county that allows multifamily residential use at the residential density determined pursuant to subdivision (b). If no zone exists that allows the residential density determined pursuant to subdivision (b), the applicable objective standards shall be those for the zone that allows the greatest density within the city, county, or city and county. (2) The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. (3) The applicable objective standards may include a requirement that up to one-half of the ground floor of the housing development project be dedicated to retail use. 1267
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-41 (4) For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(Amended by Stats. 2023, Ch. 131, Sec. 98. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2033, pursuant to Sec. 65912.105.)
1268
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-42 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) T7(D1) – CH4.5(3 EXCERPTS)
Title 7–Planning and Land Use
Division 1–Planning and Zoning
Chapter 4.5–Review and Approval of Development Projects Article 3–Application for Development Projects (excerpts) Note: The following government code sections are referenced in Section 21675.2(c) of the ALUC statutes. 65943 Completeness of Application; Determination; Time; Specification of Parts not Complete and Manner of Completion
(a) Not later than 30 calendar days after any public agency has received an application for a development project, the agency shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the development project. If the application is determined to be incomplete, the lead agency shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the lead agency’s submittal requirement checklist. In any subsequent review of the application determined to be incomplete, the local agency shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. If the written determination is not made within 30 days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which the public agency shall determine the completeness of the application. If the application is determined not to be complete, the agency’s determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the public agency in response to the list and description. (b) Not later than 30 calendar days after receipt of the submitted materials, described in subdivision (a), the public agency shall determine in writing whether the application as supplemented or amended by the submitted materials is complete and shall immediately transmit that determination to the applicant. In making this determination, the public agency is limited to determining whether the application as supplemented or amended includes the information required by the list and a thorough description of the specific information needed to complete the application required by subdivision (a). If the written determination is not made within that 30-day period, the application together with the submitted materials shall be deemed complete for purposes of this chapter.
(c) If the application together with the submitted materials are determined not to be complete pursuant to subdivision (b), the public agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
There shall be a final written determination by the agency on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both 1269
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-43 the planning commission and to the governing body does not extend the 60-day period.
Notwithstanding a decision pursuant to subdivision (b) that the application and submitted materials are not complete, if the final written determination on the appeal is not made within that 60-day period, the application with the submitted materials shall be deemed complete for the purposes of this chapter.
(d) Nothing in this section precludes an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section.
(e) A public agency may charge applicants a fee not to exceed the amount reasonably necessary to provide the service required by this section. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the development permit. (f) Each city and each county shall make copies of any list compiled pursuant to Section 65940 with respect to information required from an applicant for a housing development project, as that term is defined in paragraph (2) of subdivision (h) of Section 65589.5, available both (1) in writing to those persons to whom the agency is required to make information available under subdivision (a) of that section, and (2) publicly available on the internet website of the city or county. (g) For purposes of this section, “development project” includes a housing development project as defined in paragraph (3) of subdivision (b) of Section 65905.5. (h) This section shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended (as amended by Stats. 2019, Ch. 654, Sec. 9) by Stats. 2021, Ch. 161, Sec. 7. (SB 8) Effective January 1, 2022. Repealed as of January 1, 2030, by its own provisions. See later operative version amended by Sec. 8 of Stats. 2021, Ch. 161.) 65943.5 Applications for Development Projects
(a) Notwithstanding any other provision of this chapter, any appeal pursuant to subdivision (c) of Section 65943 involving a permit application to a board, office, or department within the California Environmental Protection Agency shall be made to the Secretary for Environmental Protection.
(b) Notwithstanding any other provision of this chapter, any appeal pursuant to subdivision (c) of Section 65943 involving an application for the issuance of an environmental permit from an environmental agency shall be made to the Secretary for Environmental Protection under either of the following circumstances:
(1) The environmental agency has not adopted an appeals process pursuant to subdivision (c) of Section 65943.
(2) The environmental agency declines to accept an appeal for a decision pursuant to subdivision (c) of Section 65943.
(c) For purposes of subdivision (b), “environmental permit” has the same meaning as defined in Section 72012 of the Public Resources Code, and “environmental agency” has the same meaning as defined in Section 71012 of the Public Resources Code, except that “environmental agency” does not include the agencies described in subdivisions (c) and (h) of Section 71011 of the Public Resources Code.
(Added by Stats. 1993, Ch. 419, Sec. 3. Effective January 1, 1994.) 1270
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-44 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 65944 Acceptance of Application as Complete; Requests for Additional Information; Restrictions; Clarification, Amplification, Correction, etc; Prior to Notice of Necessary Information
(a) After a public agency accepts an application as complete, the agency shall not subsequently request of an applicant any new or additional information which was not specified in the list prepared pursuant to Section 65940. The agency may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.
(b) The provisions of subdivision (a) shall not be construed as requiring an applicant to submit with an initial application the entirety of the information which a public agency may require in order to take final action on the application. Prior to accepting an application, each public agency shall inform the applicant of any information included in the list prepared pursuant to Section 65940 which will subsequently be required from the applicant in order to complete final action on the application.
(c) This section shall not be construed as limiting the ability of a public agency to request and obtain information which may be needed in order to comply with the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. (d) (1) After a public agency accepts an application as complete, and if the project applicant has identified that the proposed project is located within 1,000 feet of a military installation or within special use airspace or beneath a low-level flight path in accordance with Section 65940, the public agency shall provide notice of the complete application to any branch of the United States Armed Forces that has provided the Office of Planning and Research with points of contact to receive the notice.
(2) Except for a project within 1,000 feet of a military installation, the public agency is not required to provide a copy of the application if the project is located entirely in an “urbanized area.” An urbanized area is any urban location that meets the definition used by the United State Department of Commerce’s Bureau of Census for “urban” and includes locations with core census block groups containing at least 1,000 people per square mile and surrounding census block groups containing at least 500 people per square mile. (e) After providing notice of the application as required in subdivision (d), and if requested by any branch of the United States Armed Forces, the public agency and the project applicant shall consult with the impacted military branch or branches to discuss the effects of the proposed project on military installations, low-level flight paths, or special use airspace, and potential alternatives and mitigation measures.
(f) The Office of Planning and Research shall maintain on its internet website and provide notice to public agencies all of the following:
(1) Maps of low-level flight paths, special use airspace, and military installations. (2) The military points of contact to receive notifications pursuant to subdivision (d). (3) The information required in the notice of a completed application pursuant to subdivision (d). This information shall include, at a minimum, all of the following:
(A) The project’s specific location.
(B) The major physical alterations to the property on which the project will be located. 1271
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-45 (C) A site place showing the location of the project on the property, as well as the massing, height, and approximate square footage, of each building that will be occupied. (D) The proposed land uses by number of units or square feet using the categories in the applicable zoning ordinance.
(Amended by Stats. 2019, Ch. 142, Sec. 3. (SB 242) Effective January 1, 2020.) 65945 Notice of Proposal to Adopt or Amend Certain Plans or Ordinances by City or County, Fee; Subscription to Periodically Updated Notice as Alternative, Fee (a) At the time of filing an application for a development permit with a city or county, the city or county shall inform the applicant that he or she may make a written request to retrieve notice from the city or county of a proposal to adopt or amend any of the following plans or ordinances:
(1) A general plan.
(2) A specific plan.
(3) A zoning ordinance.
(4) An ordinance affecting building permits or grading permits.
The applicant shall specify, in the written request, the types of proposed action for which notice is requested. Prior to taking any of those actions, the city or county shall give notice to any applicant who has requested notice of the type of action proposed and whose development project is pending before the city or county if the city or county determines that the proposal is reasonably related to the applicant’s request for the development permit. Notice shall be given only for those types of actions which the applicant specifies in the request for notification.
The city or county may charge the applicant for a development permit, to whom notice is provided pursuant to this subdivision, a reasonable fee not to exceed the actual cost of providing that notice. If a fee is charged pursuant to this subdivision, the fee shall be collected as part of the application fee charged for the development permit. (b) As an alternative to the notification procedure prescribed by subdivision (a), a city or county may inform the applicant at the time of filing an application for a development permit that he or she may subscribe to a periodically updated notice or set of notices from the city or county which lists pending proposals to adopt or amend any of the plans or ordinances specified in subdivision (a), together with the status of the proposal and the date of any hearings thereon which have been set.
Only those proposals which are general, as opposed to parcel-specific in nature, and which the city or county determines are reasonably related to requests for development permits, need be listed in the notice. No proposals shall be required to be listed until such time as the first public hearing thereon has been set. The notice shall be updated and mailed at least once every six weeks; except that a notice need not be updated and mailed until a change in its contents is required.
The city or county may charge the applicant for a development permit, to whom notice is provided pursuant to this subdivision, a reasonable fee not to exceed the actual cost of providing that notice, including the costs of updating the notice, for the length of time the applicant requests to be sent the notice or notices.
(Added by Stats. 1983, Ch. 1263, Sec. 11.)
1272
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-46 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 65945.3 Notice of Proposal to Adopt or Amend Rules or Regulations Affecting Issuance of Permits by Local Agency other than City or County; Fee
At the time of filing an application for a development permit with a local agency, other than a city or county, the local agency shall inform the applicant that he or she may make a written request to receive notice of any proposal to adopt or amend a rule or regulation affecting the issuance of development permits.
Prior to adopting or amending any such rule or regulation, the local agency shall give notice to any applicant who has requested such notice and whose development project is pending before the agency if the local agency determines that the proposal is reasonably related to the applicant’s request for the development permit.
The local agency may charge the applicant for a development permit, to whom notice is provided pursuant to this section, a reasonable fee not to exceed the actual cost of providing that notice. If a fee is charged pursuant to this section, the fee shall be collected as part of the application fee charged for the development permit.
(Added by Stats. 1983, Ch. 1263, Sec. 12.)
65945.5 Notice of Proposal to Adopt or Amend Regulation Affecting Issuance of Permits and Which Implements Statutory Provision by State Agency
At the time of filing an application for a development permit with a state agency, the state agency shall inform the applicant that he or she may make a written request to receive notice of any proposal to adopt or amend a regulation affecting the issuance of development permits and which implements a statutory provision.
Prior to adopting or amending any such regulation, the state agency shall give notice to any applicant who has requested such notice and whose development project is pending before the state agency if the state agency determines that the proposal is reasonably related to the applicant’s request for the development permit.
(Added by Stats. 1983, Ch. 1263, Sec. 13.)
65945.7 Actions, Inactions, or Recommendations Regarding Ordinances, Rules or Regulations; Invalidity or Setting Aside Ground of Error Only if Prejudicial No action, inaction, or recommendation regarding any ordinance, rule, or regulation subject to this Section 65945, 65945.3, or 65945.5 by any legislative body, administrative body, or the officials of any state or local agency shall be held void or invalid or be set aside by any court on the ground of any error, irregularity, informality, neglect or omission (hereinafter called “error”) as to any matter pertaining to notices, records, determinations, publications, or any matters of procedure whatever, unless after an examination of the entire case, including evidence, the court shall be of the opinion that the error complained of was prejudicial, and that by reason of such error the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error had not occurred or existed. There shall be no presumption that error is prejudicial or that injury was done if error is shown.
(Added by Stats. 1983, Ch. 1263, Sec. 14.)
1273
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-47 T7(D1) – CH9.3(EXCERPTS)
Title 7–Planning and Land Use
Division 1–Planning and Zoning
Chapter 9.3–Mediation and Resolution of Land Use Disputes (excerpts) 66030
(a) The Legislature finds and declares all of the following:
(1) Current law provides that aggrieved agencies, project proponents, and affected residents may bring suit against the land use decisions of state and local governmental agencies. In practical terms, nearly anyone can sue once a project has been approved. (2) Contention often arises over projects involving local general plans and zoning, redevelopment plans, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), development impact fees, annexations and incorporations, and the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)).
(3) When a public agency approves a development project that is not in accordance with the law, or when the prerogative to bring suit is abused, lawsuits can delay development, add uncertainty and cost to the development process, make housing more expensive, and damage California’s competitiveness. This litigation begins in the superior court, and often progresses on appeal to the Court of Appeal and the Supreme Court, adding to the workload of the state’s already overburdened judicial system.
(b) It is, therefore, the intent of the Legislature to help litigants resolve their differences by establishing formal mediation processes for land use disputes. In establishing these mediation processes, it is not the intent of the Legislature to interfere with the ability of litigants to pursue remedies through the courts.
(Added by Stats. 1994, Ch. 300, Sec. 1. Effective January 1, 1995.) 66031
(a) Notwithstanding any other provision of law, any action brought in the superior court relating to any of the following subjects may be subject to a mediation proceeding conducted pursuant to this chapter:
(1) The approval or denial by a public agency of any development project. (2) Any act or decision of a public agency made pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (3) The failure of a public agency to meet the time limits specified in Chapter 4.5 (commencing with Section 65920), commonly known as the Permit Streamlining Act, or in the Subdivision Map Act (Division 2 (commencing with Section 66410)).
(4) Fees determined pursuant to Chapter 6 (commencing with Section 17620) of Division 1 of Part 10.5 of the Education Code or Chapter 4.9 (commencing with Section 65995). 1274
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-48 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (5) Fees determined pursuant to the Mitigation Fee Act Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).
(6) The adequacy of a general plan or specific plan adopted pursuant to Chapter 3 (commencing with Section 65100).
(7) The validity of any sphere of influence, urban service area, change of organization or reorganization, or any other decision made pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5).
(8) The adoption or amendment of a redevelopment plan pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code).
(9) The validity of any zoning decision made pursuant to Chapter 4 (commencing with Section 65800).
(10) The validity of any decision made pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code. (b) Within five days after the deadline for the respondent or defendant to file its reply to an action, the court may invite the parties to consider resolving their dispute by selecting a mutually acceptable person to serve as a mediator, or an organization or agency to provide a mediator. (c) In selecting a person to serve as a mediator, or an organization or agency to provide a mediator, the parties shall consider the following:
(1) The council of governments having jurisdiction in the county where the dispute arose. (2) Any subregional or countywide council of governments in the county where the dispute arose.
(3) Any other person with experience or training in mediation including those with experience in land use issues, or any other organization or agency that can provide a person with experience or training in mediation, including those with experience in land use issues. (d) If the court invites the parties to consider mediation, the parties shall notify the court within 30 days if they have selected a mutually acceptable person to serve as a mediator. If the parties have not selected a mediator within 30 days, the action shall proceed. The court shall not draw any implication, favorable or otherwise, from the refusal by a party to accept the invitation by the court to consider mediation. Nothing in this section shall preclude the parties from using mediation at any other time while the action is pending. (Amended by Stats. 2010, Ch. 699, Sec. 24. (SB 894) Effective January 1, 2011.) 1275
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-49 T7(D2) – CH1(EXCERPTS)
Title 7—Planning and Land Use
Division 2—Subdivisions
Chapter 1—General Provisions and Definitions (excerpts) 66412
This division shall be inapplicable to any of the following:
(a) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks, or trailer parks. (b) Mineral, oil, or gas leases.
(c) Land dedicated for cemetery purposes under the Health and Safety Code. (d) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, if the lot line adjustment is approved by the local agency, or advisory agency. A local agency or advisory agency shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances. An advisory agency or local agency shall not impose conditions or exactions on its approval of a lot line adjustment except to conform to the local general plan, any applicable specific plan, any applicable coastal plan, and zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure, or easements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. The lot line adjustment shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code. A local agency shall approve or disapprove a lot line adjustment pursuant to the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1). (e) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party. (f) Any separate assessment under Section 2188.7 of the Revenue and Taxation Code. (g) The conversion of a community apartment project, as defined in Section 4105 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met:
(1) The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the community apartment project.
(2) Subject to compliance with Sections 4290 and 4295 of the Civil Code, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the project as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the project shall be required to execute the conveyances or other documents. 1276
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-50 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the project. (3) If subdivision, as defined in Section 66424, of the property occurred after January 1, 1964, both of the following requirements are met:
(A) A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion.
(B) No more than 49 percent of the units in the project were owned by any one person as defined in Section 17, including an incorporator or director of the community apartment project, on January 1, 1982.
(4) The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for that certification.
(h) The conversion of a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the following requirements are met:
(1) The property was subdivided before January 1, 1982, as evidenced by a recorded deed creating the stock cooperative, an assignment of lease, or issuance of shares to a stockholder. (2) A person renting a unit in a cooperative shall be entitled at the time of conversion to all tenant rights in state or local law, including, but not limited to, rights respecting first refusal, notice, and displacement and relocation benefits.
(3) Subject to compliance with Sections 4290 and 4295, or with Sections 6626 and 6628, of the Civil Code, all conveyances and other documents necessary to effectuate the conversion shall be executed by the required number of owners in the cooperative as specified in the bylaws or other organizational documents. If the bylaws or other organizational documents do not expressly specify the number of owners necessary to execute the conveyances and other documents, a majority of owners in the cooperative shall be required to execute the conveyances or other documents. Conveyances and other documents executed under the foregoing provisions shall be binding upon and affect the interests of all parties in the cooperative.
(4) If subdivision, as defined in Section 66424, of the property occurred after January 1, 1980, both of the following requirements are met:
(A) A final or parcel map of that subdivision was approved by the local agency and recorded, with all of the conditions of that map remaining in effect after the conversion.
(B) No more than 49 percent of the shares in the project were owned by any one person as defined in Section 17, including an incorporator or director of the cooperative, on January 1, 1982.
(5) The local agency certifies that the above requirements were satisfied if the local agency, by ordinance, provides for that certification.
(i) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind powered electrical 1277
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-51 generation device on the land, if the project is subject to discretionary action by the advisory agency or legislative body.
(j) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body.
(k) Leases of agricultural land for agricultural purposes. As used in this subdivision, “agricultural purposes” means the cultivation of food or fiber, or the grazing or pasturing of livestock. (l) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency ordinances regulating design and improvement or, if the project is subject to other discretionary action by the advisory agency or legislative body.
(m) The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the advisory agency or legislative body. (n) The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of an electrical energy storage system on the land, if the project is subject to discretionary action by the advisory agency or legislative body. For the purposes of this subdivision, “energy storage system” has the same meaning as defined in Section 2835 of the Public Utilities Code. (Amended by Stats. 2022, Ch. 212, Sec. 1. (AB 2625) Effective January 1, 2023.) 66412.1
This division shall also be inapplicable to:
(a) The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other local agency ordinances regulating design and improvement. (b) The financing or leasing of existing separate commercial or industrial buildings on a single parcel. (Amended by Stats. 1982, Ch. 87, Sec. 4. Effective March 1, 1982.) 1278
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-52 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) T7(D2) – CH3(3 EXCERPTS)
Title 7—Planning and Land Use
Division 2—Subdivisions
Chapter 3—Procedure
Article 3—Review of Tentative Map by Other Agencies (excerpts) 66455.9
Whenever there is consideration of an area within a development for a public schoolsite, the advisory agency shall give the affected districts and the State Department of Education written notice of the proposed site. The written notice shall include the identification of any existing or proposed runways within the distance specified in Section 17215 of the Education Code. If the site is within the distance of an existing or proposed airport runway as described in Section 17215 of the Education Code, the department shall notify the State Department of Transportation as required by the section and the site shall be investigated by the State Department of Transportation required by Section 17215. (Amended by Stats. 2000, Ch. 1058, Sec. 120. Effective January 1, 2001.) 1279
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-53 T7(D1) – CH4(2)
Title 7–Planning and Land Use
Division 1–Planning and Zoning
Chapter 4–Zoning Regulations
Article 2–Adoption of Regulations
65852.21
(a) A proposed housing development containing no more than two residential units within a singlefamily residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
1280
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-54 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
(d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 6633) of Chapter 13. a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. 1281
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-55 (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
(Amended by Stats. 2024, Ch. 7, Sec. 13. (SB 477) Effective March 25, 2024.) 65852.24
(a) (1) This section shall be known, and may be cited, as the Middle Class Housing Act of 2022. (2) The Legislature finds and declares all of the following:
(A) Creating more affordable housing is critical to the achievement of regional housing needs assessment goals, and that housing units developed at higher densities may generate affordability by design for California residents, without the necessity of public subsidies, income eligibility, occupancy restrictions, lottery procedures, or other legal requirements applicable to deed restricted affordable housing to serve very low and low-income residents and special needs residents.
(B) The state has made historic investments in deed-restricted affordable housing.
According to the Legislative Analyst’s Office, the state budget provided nearly five billion dollars ($5,000,000,000) in the 2021–22 budget year for housing-related programs. The 2022–23 budget further built on that sum by allocating nearly one billion two hundred million dollars ($1,200,000,000) to additional affordable housing programs.
1282
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-56 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (C) There is continued need for housing development at all income levels, including missing middle housing that will provide a variety of housing options and configurations to allow every Californian to live near where they work.
(D) The Middle Class Housing Act of 2022 will unlock the development of additional housing units for middle-class Californians near job centers, subject to local inclusionary requirements that are set based on local conditions. (b) A housing development project shall be deemed an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use if it complies with all of the following:
(1) The density for the housing development shall meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. (2) (A) The housing development shall be subject to local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development in a zone that allows for the housing with the density described in paragraph (1).
(B) If more than one zoning designation of the local agency allows for housing with the density described in paragraph (1), the zoning standards applicable to a parcel that allows residential use pursuant to this section shall be the zoning standards that apply to the closest parcel that allows residential use at a density that meets the requirements of paragraph (1).
(C) If the existing zoning designation for the parcel, as adopted by the local government, allows residential use at a density greater than that required in paragraph (1), the existing zoning designation shall apply.
(3) The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the local agency on a housing development in the applicable zoning designation identified in paragraph (2).
(4) The project site is 20 acres or less.
(5) The housing development complies with all other objective local requirements for a parcel, other than those that prohibit residential use, or allow residential use at a lower density than provided in paragraph (1), including, but not limited to, impact fee requirements and inclusionary housing requirements.
(6) The development and the site on which it is located satisfy both of the following:
(A) It is a legal parcel or parcels that meet either of the following:
(i) It is within a city where the city boundaries include some portion of an urban area, as designated by the United States Census Bureau.
(ii) It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urban area, as designated by the United States Census Bureau. (B) (i) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
1283
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-57 (ii) For purposes of this subparagraph, parcels only separated by a street or highway shall be considered to be adjoined.
(iii) For purposes of this subparagraph, “dedicated to industrial use” means either of the following:
(I) The square footage is currently being used as an industrial use. (II) The most recently permitted use of the square footage is an industrial use. (III) The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022. (7) The housing development is consistent with any applicable and approved sustainable community strategy or alternative plan, as described in Section 65080. (8) The developer has done both of the following:
(A) Certified to the local agency that either of the following is true:
(i) The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (ii) The development is not in its entirety a public work for which prevailing wages must be paid under Article 2 (commencing with Section 1720) of Chapter 1 of Part 2 of Division 2 of the Labor Code, but all construction workers employed on construction of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I) The developer shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work. (II) All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III) Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein. (IV) Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under 1284
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-58 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(V) Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(VI) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(VII) All contractors and subcontractors shall be registered in accordance with Section 1725.6 of the Labor Code.
(VIII) The development proponent shall provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.3 of the Labor Code.
(B) Certified to the local agency that a skilled and trained workforce will be used to perform all construction work on the development.
(i) For purposes of this section, “skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(ii) If the developer has certified that a skilled and trained workforce will be used to construct all work on development and the application is approved, the following shall apply:
(I) The developer shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to construct the development.
(II) Every contractor and subcontractor shall use a skilled and trained workforce to construct the development.
(III) Except as provided in subclause (IV), the developer shall provide to the local agency, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the local government pursuant to this subclause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. A developer that fails 1285
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-59 to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV) Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (iii) Notwithstanding subclause (II) of clause (ii), a contractor or subcontractor shall not be in violation of the apprenticeship graduation requirements of subdivision (d) of Section 2601 of the Public Contract Code to the extent that all of the following requirements are satisfied:
(I) All contractors and subcontractors performing work on the development are subject to a project labor agreement that includes the local building and construction trades council as a party, that requires compliance with the apprenticeship graduation requirements, and that provides for enforcement of that obligation through an arbitration procedure.
(II) The project labor agreement requires the contractor or subcontractor to request the dispatch of workers for the project through a hiring hall or referral procedure. (III) The contractor or subcontractor is unable to obtain sufficient workers to meet the apprenticeship graduation percentage requirement within 48 hours of its request, Saturdays, Sundays, and holidays excepted.
(9) Notwithstanding subparagraph (B) of paragraph (8), a contract or subcontract may be awarded without a requirement for the use of a skilled and trained workforce to the extent that all of the following requirements are satisfied:
(A) At least seven days before issuing any invitation to prequalify or bid solicitation for the project, the developer sends a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
(i) Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project. (ii) Any organization representing contractors that may perform work necessary to complete the project.
1286
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-60 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (B) The developer seeks bids containing an enforceable commitment that all contractors and subcontractors at every tier will use a skilled and trained workforce to perform work on the project that falls within an apprenticeable occupation in the building and construction trades.
(C) For the purpose of establishing a bidder pool of eligible contractors and subcontractors, the developer establishes a process to prequalify prime contractors and subcontractors that agree to meet skilled and trained workforce requirements. (D) The bidding process for the project includes, but is not limited to, all of the following requirements:
(i) The prime contractor shall be required to list all subcontractors that will perform work in an amount in excess of one-half of 1 percent of the prime contractor’s total bid.
(ii) The developer shall only accept bids from prime contractors that have been prequalified.
(iii) If the developer receives at least two bids from prequalified prime contractors, a skilled and trained workforce must be used by all contractors and subcontractors, except as provided in clause (vi).
(iv) If the developer receives fewer than two bids from prequalified prime contractors, the contract may be rebid and awarded without the skilled and trained workforce requirement applying to the prime contractor’s scope of work. (v) Prime contractors shall request bids from subcontractors on the prequalified list and shall only accept bids and list subcontractors from the prequalified list. If the prime contractor receives bids from at least two subcontractors in each tier listed on the prequalified list, the prime contractor shall require that the contract for that tier or scope of work will require a skilled and trained workforce. (vi) If the prime contractor fails to receive at least two bids from subcontractors listed on the prequalified list in any tier, the prime contractor may rebid that scope of work.
The prime contractor need not require that a skilled and trained workforce be used for that scope of work and may list subcontractors for that scope of work that do not appear on the prequalified list.
(E) The developer shall establish minimum requirements for prequalification of prime contractors and subcontractors that are, to the maximum extent possible, quantifiable and objective. Only criterion, and minimum thresholds for any criterion, that are reasonably necessary to ensure that any bidder awarded a project can successfully complete the proposed scope shall be used by the developer. The developer shall not impose any obstacles to prequalification that go beyond what is commercially reasonable and customary.
(F) The developer shall, within 24 hours of a request by a labor organization that represents workers in the geographic area of the project, provide all of the following information to the labor organization:
(i) The names and Contractors State License Board numbers of the prime contractors and subcontractors that have prequalified.
1287
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-61 (ii) The names and Contractors State License Board numbers of the prime contractors that have submitted bids and their respective listed subcontractors. (iii) The names and Contractors State License Board numbers of the prime contractor that was awarded the work and its listed subcontractors. (G) An interested party, including a labor organization that represents workers in the geographic area of the project, may bring an action for injunctive relief against a developer or prime contractor that is proceeding with a project in violation of the bidding requirements of this paragraph applicable to developers and prime contractors.
The court in such an action may issue injunctive relief to halt work on the project and to require compliance with the requirements of this subdivision. The prevailing plaintiff in such an action shall be entitled to recover its reasonable attorney’s fees and costs. (c) (1) The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted. (2) The development proponent shall provide relocation assistance to each eligible commercial tenant located on the site as follows:
(A) For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent. (B) For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equivalent to nine months’ rent. (C) For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent. (D) For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent. (E) For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent.
(3) The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant.
(4) For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the following criteria:
(A) The commercial tenant is an independently owned and operated business with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located.
(B) The commercial tenant’s lease expired and was not renewed by the property owner. (C) The commercial tenant’s lease expired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article.
(D) The commercial tenant employs 20 or fewer employees and has an annual average gross receipts under one million dollars ($1,000,000) for the three taxable year period ending with the taxable year that precedes the expiration of their lease. 1288
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-62 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (E) The commercial tenant is still in operation on the site at the time of the expiration of its lease.
(5) Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria:
(A) The commercial tenant entered into a lease on the site after the development proponent’s submission of the application for a housing development pursuant to this article. (B) The commercial tenant had not previously entered into a lease on the site. (6) (A) The commercial tenant shall utilize the funds provided by the development proponent to relocate the business or for costs of a new business.
(B) Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease.
(7) For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months. (d) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(e) (1) A local agency may exempt a parcel from this section if the local agency makes written findings supported by substantial evidence of either of the following:
(A) The local agency concurrently reallocated the lost residential density to other lots so that there is no net loss in residential density in the jurisdiction. (B) The lost residential density from each exempted parcel can be accommodated on a site or sites allowing residential densities at or above those specified in paragraph (2) of subdivision (b) and in excess of the acreage required to accommodate the local agency’s share of housing for lower income households.
(2) A local agency may reallocate the residential density from an exempt parcel pursuant to this subdivision only if all of the following requirements are met:
(A) The exempt parcel or parcels are subject to an ordinance that allows for residential development by right.
(B) The site or sites chosen by the local agency to which the residential density is reallocated meet both of the following requirements:
(i) The site or sites are suitable for residential development at densities specified in paragraph (1) of subdivision (b) of Section 65852.24. For purposes of this clause, “site or sites suitable for residential development” shall have the same meaning as “land suitable for residential development,” as defined in Section 65583.2. (ii) The site or sites are subject to an ordinance that allows for development by right. (f) (1) This section does not alter or lessen the applicability of any housing, environmental, or labor law applicable to a housing development authorized by this section, including, but not limited to, the following:
1289
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-63 (A) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).
(B) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(C) The Housing Accountability Act (Section 65589.5).
(D) The Density Bonus Law (Section 65915).
(E) Obligations to affirmatively further fair housing, pursuant to Section 8899.50. (F) State or local affordable housing laws.
(G) State or local tenant protection laws.
(2) All local demolition ordinances shall apply to a project developed pursuant to this section. (3) For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development project that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
(4) Notwithstanding any other provision of this section, for purposes of the Density Bonus Law (Section 65915), an applicant for a housing development under this section may apply for a density bonus pursuant to Section 65915.
(g) Notwithstanding Section 65913.4, a project subject to this section shall not be eligible for streamlining pursuant to Section 65913.4 if it meets either of the following conditions:
(1) The site has previously been developed pursuant to Section 65913.4 with a project of 10 units or fewer.
(2) The developer of the project or any person acting in concert with the developer has previously proposed a project pursuant to Section 65913.4 of 10 units or fewer on the same or an adjacent site.
(h) A local agency may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code. (i) Each local agency shall include the number of sites developed and the number of units constructed pursuant to this section in its annual progress report required pursuant to paragraph (2) of subdivision (a) of Section 65400.
(j) The department shall undertake at least two studies of the outcomes of this chapter. One study shall be completed on or before January 1, 2027, and one shall be completed on or before January 1, 2031.
(1) The studies required by this subdivision shall include, but not be limited to, the number of projects built, the number of units built, the jurisdictional and regional location of the housing, the relative wealth and access to resources of the communities in which they are built, the level of affordability, the effect on greenhouse gas emissions, and the creation of construction jobs that pay the prevailing wage.
1290
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-64 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (2) The department shall publish a report of the findings of a study required by this subdivision, post the report on its internet website, and submit the report to the Legislature pursuant to Section 9795.
(k) For purposes of this section:
(1) “Housing development project” means a project consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential retail commercial or office uses, and at least 50 percent of the square footage of the new construction associated with the project is designated for residential use. None of the square footage of any such development shall be designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. (2) “Local agency” means a city, including a charter city, county, or a city and county. (3) “Office or retail commercial zone” means any commercial zone, except for zones where office uses and retail uses are not permitted, or are permitted only as an accessory use. (4) “Residential hotel” has the same meaning as defined in Section 50519 of the Health and Safety Code.
(l) The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (m) (1) This section shall become operative on July 1, 2023. (2) This section shall remain in effect only until January 1, 2033, and as of that date is repealed. (Amended by Stats. 2023, Ch. 196, Sec. 9. (SB 143) Effective September 13, 2023. Repealed as of January 1, 2033, by its own provisions.) 1291
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-65 T7(D1) – CH13(2 EXCERPTS)
Title 7–Planning and Land Use
Division 1–Planning and Zoning
Chapter 13–Accessory Dwelling units
Article 2–Accessory Dwelling Unit Approvals (excerpts)
66314
A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow single-family or multifamily dwelling residential use. The ordinance shall do all of the following:
(a) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(b) (1) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size.
(2) Notwithstanding paragraph (1), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction. (c) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (d) Require the accessory dwelling units to comply with all of the following:
(1) Except as provided in Article 4 (commencing with Section 66340), the accessory dwelling unit may be rented separate from the primary residence, but shall not be sold or otherwise conveyed separate from the primary residence.
(2) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling.
(3) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages. (4) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling. (5) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (6) No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
1292
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.) 1293
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. 1294
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.) 1295
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.) 1296
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.) 1297
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.
1298
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.) 1299
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. 1300
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.) 1301
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.
1302
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.
1303
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 1304
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.) 1305
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 1306
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.
1307
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.) 1308
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.) 1309
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. 1310
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.
1311
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.
1312
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.
1313
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 1314
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:
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.
[Remainder of Article 1.7 omitted]
1315
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.
1316
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 1317
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. 1318
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. 1319
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 1320
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.
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 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.
1321
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. 1322
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. 1323
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.)
1324
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.”
1325
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. 1326
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
1327
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, 1328
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:
1329
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.
1330
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.
1331
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, 1332
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 1333
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:
1334
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 1335
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. 1336
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:
1337
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.
1338
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 1339
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.
1340
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
1341
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
1342
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 1343
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.
1344
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. 1345
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
1346
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.
1347
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.
1348
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. 1349
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. 1350
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
1351
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. 1352
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
1353
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.
1354
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. 1355
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. 1356
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 1357
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
1358
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.
1359
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
1360
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) 1361
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.
1362
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:
1363
SAMPLE IMPLEMENTATION DOCUMENTS APPENDIX E
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) E-3
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.
1364
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.
1365
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. 1366
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) 1367
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) 1368
APPENDIX E SAMPLE IMPLEMENTATION DOCUMENTS
E-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
1369
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
1370
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) 1371
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
1372
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
1373
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.
1374
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).
1375
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)
1376
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. 1377
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.
1378
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)
1379
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)
1380
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) 1381
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. 1382
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
1383
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
1384
APPENDIX G GLOSSARY OF TERMS
G-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
1385
Appendix H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-1 Appendix H Adoption Resolutions
ADOPTION RESOLUTION S
1386
APPENDIX H ADOPTION RESOLUTIONS
H-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
ALUC FORMATION
1387
ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-3 1388
APPENDIX H ADOPTION RESOLUTIONS
H-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1389
ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-5 1390
APPENDIX H ADOPTION RESOLUTIONS
H-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1391
ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-7 1392
APPENDIX H ADOPTION RESOLUTIONS
H-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1393
ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-9 1394
APPENDIX H ADOPTION RESOLUTIONS
H-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1395
ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-11 1396
APPENDIX H ADOPTION RESOLUTIONS
H-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1397
ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-13 1398
APPENDIX H ADOPTION RESOLUTIONS
H-14 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
ADOPTION RESOLUTION ANGWIN AIRPORT
1399
ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-15 1400
APPENDIX H ADOPTION RESOLUTIONS
H-16 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1401
ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-17
ADOPTION RESOLUTION NAPA COUNTY AIRPORT
1402
APPENDIX H ADOPTION RESOLUTIONS
H-18 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1403
ADOPTION RESOLUTIONS APPENDIX H
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) H-19 1404
APPENDIX H ADOPTION RESOLUTIONS
H-20 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
1405
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 May 7, 2025, 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. 1406
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 Public RS8000 Public 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 1407
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 kk. 058-504-019 0.36 Open Space RS6500 Open Space Napa Meadows OS.
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, 1408
Authority, Purposes and Effects of the Zoning Ordinance.
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:
1409
_____________________________
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
1410
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
1411
Figure 19.55.060
Napa Airport Compatibility Policy Map
1412
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
1413
City of American Canyon
LAFCO of Napa County
1754 Second Street, Suite C
Napa, California 94559
www.napa.lafco.ca.gov
Not to Scale
November 10, 2021
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
City of American Canyon
Urban Limit Line
Green Island Rd
Eucalyptus Dr
American Canyon Rd S Kelly Rd
£¤29
£¤12
Watson Ln
ATTACHMENT 5
1414
General Plan Study Area
ATTACHMENT 6
West Side Connector
Advisory Committee Recommendation
June 15, 2021
ATTACHMENT 7
1416
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
1417
Notice of Preparation
City of American Canyon General Plan Update