Rather, a Project applicant may request, and the Local Agency may refer, a proposed Action to the ALUC for early consistency determination, so long as the Local Agency or Project applicant is able to provide the ALUC with the required submittal information for the proposed Action, as specified and required in Policies 2.9.1,
2.10.1, and 2.11.1. ALUC reviews are subject to applicable fees as indicated in Policy 2.8.4.
2.8.2 Responsibilities for Consistency Analysis: The ALUC and Local Agencies each have responsibilities for analyzing a proposed Land Use Action or Airport Action for compliance with the compatibility criteria set forth in this ALUCP. 50 Government Code, Sections 65852.24, 65589, 65912.110 – 65912.114, and 65912.120 – 65912.123. Affordable housing/mixedincome housing developments must satisfy specific eligibility criteria such as siting criteria (e.g., located within urban areas with zoning where office, retail or parking are a principally permitted use); affordability criteria (e.g., where percentage of units are provided for lower income households); and development standards (e.g., multifamily housing developments at specified densities ranging from 20-80 dwelling units per acre). In accordance with the provisions of Section 65912.120 – 65912.1233, a Local Agency can preclude sites within a high fire hazard severity zone, a coastal zone, or area exposed to significant hazards. 51 Government Code, Section 66412.
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2-18 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (a) Local Agency staff may choose to initially evaluate proposed Actions and work with the Local Agency/Project applicant to bring the proposal into compliance with ALUCP criteria. The ALUC Executive Officer will provide informal input at this stage if requested.
(b) When a proposed Action is formally referred to the ALUC, the ALUC Executive Officer shall review the proposal to determine if it is consistent with the ALUCP policies. Actions of a type that require a formal consistency determination by the ALUC (those listed in Policy 2.4.1) will be placed on the ALUC agenda for action. (c) Subsequent to when a Local Agency’s general plan and applicable specific plans have been determined by the ALUC to be consistent with the ALUCP, the Local Agency and its staff are responsible for the consistency analysis of Major Land Use Actions.
The ALUC Executive Officer will provide informal input if requested or if the Local Agency voluntarily refers the Major Land Use Action to the ALUC for a consistency determination.
(d) Land Use and Airport Actions for which referral to the ALUC is mandatory, regardless of the general plan and specific plan consistency status (Actions listed in Policy 2.4.1), must continue to always be referred for a formal consistency determination by the ALUC.
(e) The Local Agency and its staff are responsible for ensuring that a development continues to comply with ALUCP criteria on an on-going basis following completion of the Project (e.g., usage Intensity and height limitations in particular).
This requirement also applies with regard to any conditions attached to the Project by the ALUC in accordance with Policies 2.9.5(b), 2.10.4(b), or 2.11.2(b).
2.8.3 Public Input: Where applicable, the ALUC shall provide public notice and obtain public input before acting on any plan, regulation, or other land use proposal under consideration. 52
2.8.4 Fees: Any applicable review fees as established by the ALUC shall accompany the submittal of Actions for ALUC or ALUC Executive Officer review (see Policy 2.2.7). 53
2.9 REVIEW PROCESS FOR GENERAL PLANS, SPECIFIC PLANS,
ZONING ORDINANCES, AND BUILDING REGULATIONS
2.9.1 Required Submittal Information: Copies of the complete text and maps of the plan, ordinance, or regulation proposed for adoption or amendment shall be submitted to the ALUC. Any supporting material, such as environmental documents, assessing the proposal’s consistency with the ALUCP should be included. If the amendment is required as part of a proposed Major Land Use Action, then the information listed in Policy
2.10.1 shall also be included to the extent applicable. 52 Public Utilities Code Section 21675.2(d).
53 Public Utilities Code Section21671.5(f) allows for ALUCs to charge fees for project reviews. 1002
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 2-19
2.9.2 Initial ALUC Review of General Plan Consistency: In conjunction with adoption or amendment of this ALUCP, the ALUC shall review the general plans and specific plans of affected Local Agencies to determine their consistency with the ALUC’s policies.
Inconsistencies, if any, shall be identified.
(a) State law 54 requires that, within 180 days of the ALUC’s adoption or amendment of this ALUCP, each Local Agency affected by the plan must amend its general plan and any applicable specific plan(s) to be consistent with the ALUC’s ALUCP or, alternatively, provide required notice, adopt findings, and Overrule the ALUC in accordance with statutory requirements. 55
(b) Prior to taking final action on a proposed amendment of a general plan or specific plan as necessitated by Paragraph (a) of this policy, the Local Agency must submit a draft of the proposal to the ALUC for review and approval.
2.9.3 Subsequent Reviews of Related Major Land Use Actions: Once a Local Agency’s general plan and applicable specific plans have been made consistent with this ALUCP, or the Local Agency has Overruled an ALUC finding of inconsistency regarding those plans, subsequent Land Use Development Actions that are consistent both with those local plans and with any related ordinances and regulations also previously reviewed by the ALUC are subject to ALUC review only under the conditions indicated in Policies 2.4.1 and 2.5.1.
2.9.4 Identification of Infill Areas: If a Local Agency wishes to have its general plan show locations for Infill development as indicated in Policy 3.7.2, the Local Agency must provide the ALUC a map along with supporting documentation identifying the areas it requests the ALUC to consider as Infill. This may be done in conjunction with referral of a general plan or specific plan amendment to the ALUC in response to the requirements of Policy
2.9.2, as part of a later update in accordance with Policy 2.9.3, or on an individual Project basis in accordance with Policy 3.7.2. The ALUC shall include a determination on the Infill locations as part of its consistency determination regarding the general plan and/or applicable specific plan(s).
2.9.5 ALUC Action Choices: When reviewing a general plan, specific plan, zoning ordinance, or building regulation for consistency with the ALUCP, the ALUC has three choices of action (see Appendix F flowcharts):
(a) Determine the plan, ordinance, or regulation consistent with the ALUCP. To make such a finding with regard to a general plan, the conditions identified in Section 3.1 must be met.
(b) Determine the plan, ordinance, or regulation consistent with the ALUCP, subject to conditions and/or modifications that the ALUC may require. Any such conditions should be limited in scope and described in a manner that allows compliance to be clearly assessed.
(c) Determine the plan, ordinance, or regulation inconsistent with the ALUCP. In making a determination of inconsistency, the ALUC shall note the specific conflicts or shortcomings upon which its determination is based. 54 Government Code Section 65302.3.
55 Public Utilities Code Section 21676(b).
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2-20 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
2.9.6 Response Time: The ALUC must respond to a Local Agency’s request for a consistency determination on a general plan, specific plan, zoning ordinance, or building regulation within 60 days from the date of referral. 56
(a) The date of referral is deemed to be the date on which all applicable Project information, as specified in Policy 2.9.1, is received by the ALUC Executive Officer and the ALUC Executive Officer determines that the application for a consistency determination is complete (see Appendix F for a copy of the ALUC Referral Form).
(b) If the ALUC fails to make a determination within the 60-day period, the proposed Land Use Planning Action shall be deemed consistent with the ALUCP. (c) The 60-day review period may be extended if the referring Local Agency or Project applicant agrees in writing or so states at a ALUC public hearing on the Land Use Action.
(d) Regardless of ALUC action or failure to act, the proposed Land Use Action must comply with other applicable local, state, and federal regulations and laws. (e) The referring Local Agency shall be notified of the ALUC’s action in writing.
2.10 REVIEW PROCESS FOR MAJOR LAND USE ACTIONS
2.10.1 Required Submittal Information: A proposed Major Land Use Action referred for ALUC (or ALUC Executive Officer) review shall include the following information to the extent applicable:
(a) A completed ALUC Referral Form, as provided in Appendix F of this ALUCP. (b) Property location data (assessor’s parcel number, street address, and subdivision lot number).
(c) An accurately scaled map depicting the Project site location in relationship to the Airport boundary and runway.
(d) A description of the proposed use(s), current general plan and zoning designations, and the type of Major Land Use Action being sought from the Local Agency (e.g., zoning variance, special use permit, building permit).
(e) A detailed site plan and supporting data showing site boundaries and size; existing uses that will remain; location of existing and proposed structures, rooftop structures, landscaped areas, open spaces, and water bodies; ground elevations (above mean sea level); and elevations of tops of structures and trees. Additionally:
(1) For residential uses, an indication of the proposed number of dwelling units per acre (separately indicating any accessory dwelling units as defined by state law and local regulations).
56 Public Utilities Code Section 21676(d).
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 2-21 (2) For nonresidential uses, the total floor area for each type of proposed use, the number of auto parking spaces, and the maximum number of people (employees, visitors/customers) potentially occupying the total site or portions thereof at any one time.
(f) Identification of any features, during or following construction, that would increase the attraction of birds or cause other wildlife hazards to aircraft operations at an Airport or in its environs (see Policy 3.5.3). Such features include, but are not limited to the following:
(1) Open water areas.
(2) Sediment ponds, retention basins.
(3) Detention basins that hold water for more than 48 hours. (4) Artificial wetlands.
(5) Landscaping that provides wildlife shelter and food sources. (g) Identification of any characteristics that could create electrical interference, confusing or bright lights, glare, smoke, or other electrical or visual hazards to aircraft flight.
(h) Any environmental document (initial study, draft environmental impact report, etc.) that may have been prepared for the Project.
(i) Staff reports regarding the Project.
(j) Other relevant information that the ALUC or ALUC Executive Officer determines to be necessary to enable a comprehensive review of the proposed Major Land Use Action.
2.10.2 Review by ALUC Executive Officer: The ALUC delegates to the ALUC Executive Officer the review and decision regarding Major Land Use Actions referred on a voluntary basis under Policy 2.6.1. All land use or airport actions for which referral to the ALUC is mandatory will be given to the ALUC for decision.
(a) The ALUC Executive Officer shall consult with the manager of the involved Airport regarding these Actions.
(b) In reviewing these Actions, the ALUC Executive Officer has three choices of action:
(1) Find that the proposed Project does not contain characteristics likely to result in inconsistencies with the compatibility criteria set forth in this ALUCP. (2) Find that, subject to compliance with such conditions as the ALUC Executive Officer may specify, the Project would not contain characteristics likely to result in inconsistencies with the compatibility criteria set forth in this ALUCP. Any such conditions should be limited in scope and described in a manner that allows compliance to be clearly assessed (e.g., the height of a structure). (3) Find that the proposed Project contains characteristics that are or may be in conflict with ALUCP criteria. The ALUC Executive Officer may reject any such Project or may forward it to the ALUC for a formal consistency determination. 1005
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2-22 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (c) The ALUC Executive Officer is authorized to make written findings of ALUCP compliance on Projects under Paragraphs (b)(1) and (b)(2) above on behalf of the ALUC. The ALUC Executive Officer shall provide to the ALUC at its next scheduled meeting a list of all such Actions reviewed.
2.10.3 Appeal of ALUC Executive Officer’s Action: The affected Local Agency, Project applicant, Airport owner, or other interested party may appeal to the ALUC a finding made by the ALUC Executive Officer on a Major Land Use Action reviewed in accordance with Policy
2.10.2. The ALUC shall then review the proposed Major Land Use Action, the ALUC Executive Officer’s finding, and information supporting the appeal and make a final determination regarding the proposed Major Land Use Action’s consistency with the ALUCP. Any appeal of the ALUC Executive Officer’s finding must be submitted, together with applicable fees, within 10 days of the date when the finding was issued.
2.10.4 ALUC Action Choices: The ALUC has three choices of action when making consistency determinations on Major Land Use Actions reviewed in accordance with Policies 2.5.1 or
2.10.3:
(a) Determine the Project consistent with the ALUCP.
(b) Determine the Project consistent with the ALUCP, subject to compliance with such conditions as the ALUC may specify. Any such conditions should be limited in scope and described in a manner that allows compliance to be clearly assessed (e.g., the height of a structure).
(c) Determine the Project inconsistent with the ALUCP. In making a determination of inconsistency, the ALUC shall note the specific conflicts upon which the determination is based.
2.10.5 Response Time: In responding to Major Land Use Actions referred for review, the policy of the ALUC is that:
(a) When a Major Land Use Action is referred for review on a mandatory basis as required by Policy 2.5.1:
(1) The date of referral is deemed to be the date on which all applicable Project information as specified in Policy 2.10.1 is received by ALUC Executive Officer, required fees have been paid, and the ALUC Executive Officer determines that the application for a consistency determination is complete (see Appendix F for a copy of the ALUC Referral Form).
(2) The ALUC Executive Officer shall, within 21 days of the date of referral, inform the referring Local Agency and/or the Project applicant whether information submitted is sufficient for making a consistency determination and, if not, what additional information is needed.
(3) The ALUC shall issue its determination on a Project’s consistency within 60 days of the referral date, unless the timeframe is extended as provided under Policy 2.9.6(c).
57 ALUC Reviews of Projects forwarded or appealed to the ALUC for a consistency determination shall be completed within 60 days of the date of the appeal.
57 For Major Land Use Actions, this 60-day limit is not a statutory requirement, but is set by the ALUC to be consistent with Policy 2.9.6 and Public Utilities Code Section 21676(d) regarding general plans, specific plans, zoning ordinances, and building regulations. 1006
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 2-23 (4) If the ALUC Executive Officer or the ALUC fail to make a determination within the above time periods, the proposed Major Land Use Action shall be deemed consistent with the ALUCP.
(b) When a Major Land Use Action is referred on a voluntary basis in accordance with Policy 2.6.1, review by the ALUC and/or the ALUC Executive Officer should be completed in a timely manner enabling the comments to be considered by decision-making bodies of the referring Local Agency.
(c) Regardless of action or failure to act on the part of the ALUC or the ALUC Executive Officer, the proposed Major Land Use Action must comply with other applicable local, state, and federal laws and regulations. (d) The referring Local Agency shall be notified of the ALUC’s and/or the ALUC Executive Officer’s action in writing.
2.10.6 Subsequent Reviews of Related Major Land Use Actions: Once a Project has been found consistent with the ALUCP, it generally need not be referred for review at subsequent stages of the planning process (e.g., for a use permit after a zoning change has been reviewed). However, additional ALUC review is required if any of the following are true:
(a) At the time of the original ALUC review, the Project information available was only sufficient to determine consistency with compatibility criteria at a planning level of detail, not at the Project design level. For example, the proposed land use designation indicated in a general plan, specific plan, or zoning amendment may have been found consistent, but information on site layout, maximum Intensity limits, building heights, and other such factors that may also affect the consistency determination for a Project may not have yet been known. (b) The design of the Project subsequently changes in a manner that affects previously considered compatibility issues and could raise questions as to the validity of the earlier finding of consistency. Proposed changes warranting a new review include, but are not limited to, the following:
(1) For residential uses, any increase in the number of dwelling units; (2) For nonresidential uses, a change in the types of proposed uses, any increase in the total floor area, and/or a change in the allocation of floor area among different types of uses in a manner that could result in an increase in the Intensity of use (more people on the site) to a level exceeding the criteria set forth in this ALUCP;
(3) Any increase in the height of structures or other design features such that the height limits established herein would be exceeded or exceeded by a greater amount;
(4) Major site design changes (such as incorporation of clustering or modifications to the configuration of open land areas proposed for the site) if site design was a factor in the initial Project review; (5) Any significant change to a proposed Project for which a special exception was granted in accordance with Policy 3.2.4;
(6) Any new design features that could create visual hazards (e.g., certain types of lights, solar panels, sources of glare, and sources of dust, steam, or smoke); 1007
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2-24 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (7) Any new equipment or features that would create electronic hazards or cause interference with aircraft communications or navigation; and/or (8) Addition of features that could attract wildlife that is potentially hazardous to aircraft operations.
(c) At the time of original ALUC review, conditions were placed on the Project that require subsequent ALUC review.
(d) The Local Agency concludes that further review is warranted.
2.11 REVIEW PROCESS FOR AIRPORT MASTER PLANS AND
DEVELOPMENT PLANS
2.11.1 Required Submittal Information for Airport Actions: An airport master plan or development plan for an existing or new Airport, heliport, or vertiport referred to the ALUC for review shall contain sufficient information to enable the ALUC to adequately assess the noise, safety, airspace protection, and overflight impacts of Airport activity upon surrounding land uses.
(a) When a new or amended master plan is the subject of the ALUC review, the noise, safety, airspace protection, and overflight impacts should be addressed in the plan report and/or in an accompanying environmental document. Proposed changes in Airport facilities and usage that could have land use compatibility implications should be noted.
(b) For Airport development plans, the relationship to a previously adopted master plan or other approved plan for the Airport should be indicated—specifically, whether the proposed development implements an adopted/approved plan or represents an addition or change to any such previous plan. Any environmental document prepared for the Project should be included in the submittal. (c) For either airport master plans or development plans, the following specific information should be included to the extent applicable:
(1) A layout plan drawing of the proposed facility or improvements showing the location of:
▪ Property boundaries;
▪ Runways, helipads, vertipads or other aircraft takeoff and landing areas; ▪ Runway, helipad, or vertipad protection zones; and
▪ Aircraft, helicopter, or other aerial vehicle approach/departure flight routes.
(2) A revised map of the Airspace Protection Surfaces as defined by CFR Part 77 or related FAA regulations and guidance if the proposal would result in changes to these surfaces. Maps reflecting the current and future configurations of the Airspace Protection Surfaces for the Airports covered by this ALUCP are included in Chapters 4 and 5.
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 2-25 (3) Updated activity forecasts, including the number of operations by each type of aircraft proposed to use the facility, the percentage of day versus night operations, and the distribution of takeoffs and landings for each runway direction. The effects of the proposed development on the forecast Airport usage indicated in Chapters 6 and 7 of this ALUCP should be described. (4) Proposed flight track locations and projected noise contours. Differences from the flight track data and noise contours presented in Chapters 6 and 7 of this ALUCP should be described.
(5) A map showing existing and planned land uses in the areas affected by aircraft activity associated with implementation of the proposed master plan or development plan.
(6) Identification and proposed mitigation of impacts on surrounding land uses to the extent that those impacts would be greater than indicated by the compatibility factors depicted in the Airport exhibits presented in Chapters 6 and 7.
2.11.2 ALUC Action Choices for Plans of Existing Airports: When reviewing a proposed new or revised airport master plan or new development plans for the Airports addressed by this ALUCP, the ALUC has three action choices (see Policy 3.8.1 for policies pertaining to the substance of the ALUC review of plans for existing Airports):
(a) Determine the Airport plan consistent with the ALUCP if the noise, safety, airspace protection, and overflight impacts do not increase or extend into new areas not covered by this ALUCP.
(b) Determine the Airport plan consistent with the ALUCP, as the plan adequately addresses the noise, safety, airspace protection, and overflight impacts of Airport proposals, with the condition that the ALUCP be modified to reflect the assumptions and proposals of the Airport plan.
(c) Determine the Airport plan inconsistent with the ALUCP. In making a determination of inconsistency, the ALUC shall note the specific conflicts upon which the determination is based.
2.11.3 ALUC Action Choices for Plans of New Airports, Heliports, or Vertiports: When reviewing proposals for new public-use or private-use airports, heliports, or vertiports the ALUC has two action choices (see Policy 3.9.1 for policies pertaining to the substance of the ALUC review of plans for new Airports):
(a) Approve the proposal as being consistent with the specific review criteria listed in Section 3.9 as the proposal adequately addresses the noise, safety, airspace protection, and overflight impacts of Airport proposals and, if required, either adopt an ALUCP for that facility or establish the intent to do so at a later date.
State law requires adoption of an ALUCP if the airport, heliport, or vertiport will be a public-use facility. 58
58 Public Utilities Code Section 21675(a).
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2-26 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (b) Disapprove the proposal on the basis that the noise, safety, airspace protection, and overflight impacts it would have on surrounding land uses are not adequately mitigated.
2.11.4 Response Time: The ALUC must respond to the referral of an airport master plan or development plan within 60 days from the date of referral, unless the timeframe is extended as provided under Policy 2.9.6(c).
59 (a) The date of referral is deemed to be the date on which all applicable project information as specified in Policy 2.11.1 is received by ALUC Executive Officer and the ALUC Executive Officer determines that the application for a consistency determination is complete (see Appendix F for a copy of the ALUC Referral Form). (b) If the ALUC fails to make a determination within the specified period, the proposed Airport Action shall be deemed consistent with the ALUCP. (c) Regardless of ALUC action or failure to act, the proposed Airport Action must comply with other applicable local, state, and federal regulations and laws. (d) The Airport owner shall be notified of the ALUC’s action in writing.
2.12 PROCESS FOR OVERRULING THE ALUC
2.12.1 ALUC Determination of “Inconsistent”: If the ALUC determines that a proposed Land Use Action or Airport Action is inconsistent with this ALUCP, the ALUC must notify the Local Agency in writing and shall indicate the reasons for the inconsistency determination.
2.12.2 Overruling of ALUC by Local Agency:
(a) If a Local Agency wishes to proceed with a proposed Land Use Action or Airport Action that the ALUC has determined to be inconsistent with the ALUCP, or if the Local Agency wishes to ignore a condition for consistency, the Local Agency must Overrule the ALUC determination in accordance with the provisions of state law. 60 (b) The Overruling process applies only to determinations made by the ALUC, not ones made by the ALUC Executive Officer in accordance with Policy 2.10.2.
Disagreements over determinations made by the ALUC Executive Officer are first to be appealed to the ALUC (see Policy 2.10.3).
2.12.3 ALUC Comments on Proposed Overruling: The ALUC may provide comments on a proposed overruling decision. The ALUC delegates to the ALUC Executive Officer the authority to provide comments.
59 Public Utilities Code Section 21676(d).
60 See Public Utilities Code Section 21670(a), 21676 and 21676.5 for specific procedures for overruling an ALUC. Further guidance is provided in the California Airport Land Use Handbook published by the California Division of Aeronautics (see beginning on page 5-15 of the 2011 edition). Chapter 1 of this ALUCP also summarizes the Overrule process to be followed by a Local Agencies in Napa County.
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Policies
COUNTYWID E C OMPATIBILITY POLICIES
3.1 CRITERIA FOR REVIEW OF GENERAL PLANS, SPECIFIC PLANS,
ZONING ORDINANCES, AND BUILDING REGULATIONS
3.1.1 Statutory Requirement: State law requires that each Local Agency having territory within an Airport Influence Area modify its general plan and any applicable specific plan to be consistent with the compatibility plan for the particular airport unless it takes the steps required to Overrule the ALUC. In order for a general plan to be considered consistent with this ALUCP, the requirements listed in Policies 3.1.2 and 3.1.3 must be met. 61
3.1.2 Elimination of Conflicts: No direct conflicts can exist between the ALUCP and the Local Agency’s general plan or specific plan.
(a) Direct conflicts primarily involve general plan land use designations that do not meet the Density or Intensity criteria specified in the Basic Compatibility Criteria table for each Airport. In addition, conflicts with regard to other policies—height limitations in particular—may be found.
(b) A general plan cannot be found inconsistent with the ALUCP because of land use designations that reflect Existing Land Uses even if those designations conflict with the compatibility criteria of this ALUCP. General plan land use designations that merely echo the Existing Land Uses are exempt from requirements for general plan consistency with the ALUCP.
62 (c) Proposed Redevelopment or other changes to Existing Land Uses are not exempt from compliance with this ALUCP and are subject to ALUC review in accordance with Policies 2.5.2(a)(9) and 2.7.3(c). To ensure that Nonconforming Uses do not become more nonconforming, general plans or implementing documents must include policies setting limitations on expansion and Reconstruction of Nonconforming Uses located within an Airport Influence Area consistent with Policies 3.7.3 and 3.7.4. 61 See Chapter 1 and Appendix E for additional guidance. 62 This exemption derives from state law which proscribes ALUC authority over Existing Land Uses. 1011
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3-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (d) To be consistent with the ALUCP, a general plan and/or implementing ordinance also must include provisions ensuring long-term compliance with the compatibility criteria. For example, future reuse of a building must not result in a usage Intensity that exceeds the applicable standard or other limit set by the ALUC (see Policy
3.4.5).
3.1.3 Establishment of Review Process: Local Agencies must define the process they will follow when reviewing proposed land use development within an Airport Influence Area to ensure that the development will be consistent with the policies set forth in this ALUCP. (a) The process established must ensure that the proposed development is consistent with the land use or zoning designation indicated in the Local Agency’s general plan, specific plan(s), zoning ordinance, and/or other development regulations that the ALUC has previously found consistent with this ALUCP and that the development’s subsequent use or reuse will remain consistent with the policies herein over time. Additionally, consistency with other applicable compatibility criteria—e.g., usage Intensity, height limitations, Avigation Easement dedication— must be assessed.
(b) The review process may be described either within the general plan or specific plan(s) themselves or in implementing ordinances. Local jurisdictions have the following choices for satisfying this review process requirement:
(1) Sufficient detail can be included in the general plan or specific plan(s) and/or referenced implementing ordinances and regulations to enable the local jurisdiction to assess whether a proposed development fully meets the compatibility criteria specified in the applicable ALUCP (this means both that the compatibility criteria be identified and that Project review procedures be described);
(2) The ALUCP can be adopted by reference (in this case, the Project review procedure must be described in a separate policy document or memorandum of understanding presented to and approved by the ALUC); and/or (3) The general plan can indicate that all Land Use Actions, or a list of Land Use Action types agreed to by the ALUC, shall be submitted to the ALUC for review in accordance with the policies of Section 2.4.
3.1.4 Land Use Conversion: The compatibility of uses in the Airport Influence Areas shall be preserved to the maximum feasible extent. Particular emphasis should be placed on preservation of existing agricultural and open space uses. In Compatibility Zone D2 for both Airports, general plan amendments (as well as other discretionary Actions such as rezoning, subdivision approvals, use permits, etc.) which would convert land to residential use or increase the density of residential uses should be subject to careful consideration of overflight impacts.
3.2 CRITERIA FOR REVIEW OF LAND USE ACTIONS
3.2.1 Evaluating Compatibility of New Land Uses: The compatibility of proposed land uses within an Airport Influence Area shall be evaluated in accordance with:
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-3 (a) The general policies set forth in Sections 3.3 through 3.7 of this Chapter addressing noise, safety, airspace protection, overflight impacts and special circumstances. (b) The airport-specific policies provided for each Airport and presented in:
(1) Chapter 4, Section 4.3 for Angwin Airport – Parrett Field; and (2) Chapter 5, Section 5.3 for Napa County Airport.
(c) The Basic Compatibility Criteria table provided for each Airport:
(1) Chapter 4, Exhibit 4-1 for Angwin Airport – Parrett Field; and (2) Chapter 5, Exhibit 5-1 for Napa County Airport.
(d) The Compatibility Policy Map provided for each Airport:
(1) Chapter 4, Exhibit 4-2 for Angwin Airport – Parrett Field; and (2) Chapter 5, Exhibit 5-2 for Napa County Airport.
(e) The Airspace Protection Map provided for each Airport:
(1) Chapter 4, Exhibit 4-3 for Angwin Airport – Parrett Field; and (2) Chapter 5, Exhibit 5-3 for Napa County Airport.
3.2.2 Compatibility Criteria Tables: The Basic Compatibility Criteria table provided for each Airport lists general land use categories and indicates each use as being either “normally compatible,” “conditional,” or “incompatible” depending upon the Compatibility Zone(s) in which it is located.
(a) These terms are defined to mean the following:
(1) “Normally Compatible” means that normal examples of the use are presumed to comply with the countywide noise, safety, airspace protection, and overflight criteria set forth in this Chapter and in Chapters 4 and 5 for the individual Airports. Atypical examples of a use may require review to ensure compliance with usage Intensity, lot coverage, and height limit criteria. (2) “Conditional” means that the proposed land use is compatible if the indicated usage Intensity and other listed conditions are met. Complex Projects with this determination may require more detailed evaluation using the specific noise, safety, airspace protection, and overflight compatibility policies set forth in Sections 3.3 through 3.6 and criteria for special circumstances outlined in Section 3.7 of this Chapter. For the purposes of these criteria, “avoid” is intended as cautionary guidance, not a prohibition of the use. (3) “Incompatible” means that the use should not be permitted under any normal circumstances. Limited exceptions are possible for site-specific special circumstances (see Policy 3.2.3(b)).
(b) Land uses not specifically listed in the Basic Compatibility Criteria tables shall be evaluated using the criteria for similar listed uses. The Occupancy Load Factor (square feet per person) listed for many nonresidential uses can be used as a comparative guide in this regard. In all cases, proposed nonresidential uses must meet the Intensity criteria listed in the Basic Compatibility Criteria table header. Project proponents are encouraged to provide information regarding the land use category into which they intend their Project to belong as well as their calculations regarding the Project’s expected total occupancy.
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3-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (c) Multiple land use categories and the compatibility criteria associated with them may apply to a Project.
(d) Each land use type in mixed-use developments shall individually comply with the criteria in the Basic Compatibility Criteria table for each Airport. Mixed-use developments shall be evaluated in accordance with Policies 3.3.4 and 3.4.8. (e) For details regarding usage Intensity criteria indicated in the Basic Compatibility Criteria table for each Airport, see the safety compatibility criteria in Section 3.4.
3.2.3 Compatibility Policy Map: The Compatibility Zones depicted in the Compatibility Policy Map for each Airport take into account all four compatibility concerns in a composite manner— noise, safety, airspace protection, and overflight. The outer limits of the Compatibility Zones establish the Airport Influence Area boundary for each Airport. (a) Chapters 4 and 5 identify the relative contributions of noise, safety, airspace protection, and overflight factors to the delineation of each of the Compatibility Zones.
(b) The individual compatibility factors can be used to help assess how heavily each compatibility factor should be weighed when evaluating a proposed Project in a particular zone. It also can serve to suggest what types of modifications to the Project might make the proposal acceptable given the Project’s degree of sensitivity to a particular compatibility factor (for example, knowing that a Noise-Sensitive Land Use is in a high-noise area may indicate a need for sound attenuation in the structure, whereas a safety-sensitive land use in a high-risk area may need to be altered to reduce the number of people present). Chapters 6 and 7 depict the individual compatibility factors for each Airport.
3.2.4 Special Conditions Exception: The policies and criteria set forth in this ALUCP are intended to be applicable to all locations within an Airport Influence Area. However, there may be specific situations where a normally incompatible use can be considered compatible because of terrain, specific location, or other extraordinary factors or circumstances related to the site. After due consideration of all the factors involved in such situations and consultation with Airport management, the ALUC may find a normally incompatible use to be acceptable.
(a) In considering any such exceptions, the ALUC shall take into account the potential for the use of a building to change over time (see Policy 3.4.5). A building could have planned low-intensity use initially but later be converted to a higherintensity use. Local Agency permit language or other mechanisms to ensure continued compliance with the usage Intensity criteria must be put in place. (b) In considering any such exceptions, the ALUC shall also take into account the need for special measures to reduce the risks to building occupants in the event that the building is struck by an aircraft. In general, the risks to building occupants can be reduced by making the potential for a crashing aircraft to intrude into the building less likely, enhancing the building’s fire control measures, and/or enabling faster egress from the building in the event of an aircraft crash. (1) Such measures must provide a clear, demonstrable, and permanent overall improvement in safety.
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-5 (2) To the extent not otherwise required by applicable building codes, added building design features that may enhance safety include, but are not limited to, the following:
▪ Using concrete walls,
▪ Limiting the number and size of windows,
▪ Upgrading the strength of the building roof,
▪ Avoiding skylights,
▪ Enhancing the fire sprinkler system (e.g., dividing fire sprinkler system into zones so that if one zone is compromised the others are functional), ▪ Limiting buildings to a single story to enable faster evacuation of buildings, and
▪ Increasing the number of emergency exits.
(3) The Project applicant must provide documentation describing which of these features are proposed to be added in the building design and how these additional features differ from the otherwise applicable building codes. (4) If a requested Special Conditions Exception seeks to allow an increase in the number of building occupants beyond the limits set by this ALUCP, an emergency evacuation plan, reviewed and endorsed by the local Fire Marshall, shall be established and included with the documentation submitted to the ALUC.
(c) In reaching a decision, the ALUC shall make specific findings as to why the exception is being made and that the land use will neither create a safety hazard to people on the ground or aircraft in flight nor result in excessive noise exposure for the proposed use. Findings also shall be made as to the nature of the extraordinary circumstances that warrant the policy exception.
(d) The burden for demonstrating that special conditions apply to a particular development proposal rests with the Project proponent and/or referring Local Agency, not with the ALUC.
(e) The granting of a Special Conditions Exception shall be considered site specific and shall not be generalized to include other sites.
(f) Approval of a special site conditions exception shall require a 2/3 approval of the ALUC members present and voting on the matter.
(g) Airport-Specific Special Conditions Policies:
(1) Special conditions are acknowledged by the ALUC in the adoption of this ALUCP for the two airports in Napa County:
▪ Angwin Airport – Parrett Field (see Section 4.3)
▪ Napa County Airport (see Section 5.3)
(2) These special conditions for a Project at one of the Airports in Napa County result in establishment of Compatibility Zone boundaries and/or compatibility criteria different in character from the zones and criteria applicable to the other Airport in the county.
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3-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) These special policies are not to be generalized or considered as precedent applicable to other locations near the same Airport or to the environs of the other Airport addressed by this ALUCP.
3.2.5 Rare Special Events Exception: The ALUC, ALUC Executive Officer, or the involved Local Agency (once its general plan, applicable specific plans, and zoning ordinance have been made consistent with the ALUCP) may make exceptions for “Conditional” or “Incompatible” land uses associated with rare special events (e.g., an air show at the airport, street fair, golf tournament) for which a facility is not designed and normally not used and for which extra safety precautions such as those listed in Policy 3.2.4 can be taken as appropriate.
3.3 NOISE COMPATIBILITY POLICIES
NOISE COMPATIBILITY POLICIES BACKGROUND INFORMATION
The following Noise Compatibility Policies Background Information has been considered in formulating the noise compatibility criteria in this section but is provided for informational purposes only and does not itself constitute ALUCP policy.
Policy Objective
The purpose of noise compatibility policies is to avoid establishment of Noise-Sensitive Land Uses in the portions of the airport environs that are exposed to significant levels of aircraft noise.
Measures of Noise Exposure
As is standard practice in California, this ALUCP uses the Community Noise Equivalent Level (CNEL) metric as the primary basis for evaluating the degree to which lands around the county’s airports are exposed to airport-related noise. CNEL is a cumulative noise metric in that it takes into account not just the loudness of individual noise events, but also the number of events over time. Cumulative exposure to aircraft noise is depicted by a set of contours, each of which represents points having the same CNEL value.
The noise contours for each Airport covered by this ALUCP are presented in Chapters 6 and 7 and reflect the airport activity levels documented in these chapters. The noise contours represent the greatest annualized noise impact, measured in terms of CNEL, which is anticipated to be generated by the aircraft operating at the airport over the planning time frame.
Factors Considered in Setting Noise Compatibility Policies Factors considered in setting the policies in this section include the following:
▪ Established state regulations and guidelines, including noise compatibility recommendations in the California Airport Land Use Planning Handbook (2011).
▪ FAA guidance regarding noise effects on people (see https://www.faa.gov/noise/). ▪ Ambient noise levels in the community, as well as noise from other transportation noise sources. Ambient noise levels influence the potential intrusiveness of aircraft noise upon a particular land use and vary greatly between rural, suburban, and urban communities.
▪ The extent to which noise would intrude upon and interrupt the activity associated with a particular use. Susceptibility to speech interference or sleep disturbance as a result of single-event noise levels is a factor in this regard. Noise levels above approximately 65 dBA are sufficient to cause speech interference. Highly Noise-Sensitive Land Uses include residences, schools, libraries, and outdoor theaters.
▪ The extent to which the land use activity itself generates noise. ▪ The extent of outdoor activity, particularly noise-sensitive activities, associated with a particular land use. ▪ The extent to which indoor uses associated with a particular land use may be made compatible with application of sound attenuation (typical new building construction provides sufficient insulation to attenuate outdoor-to-indoor noise by at least 20 dB).
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-7
3.3.1 Maximum Acceptable Exterior Noise Exposure: To minimize Noise-Sensitive development in noisy areas around an Airport, new land use development shall be restricted in accordance with the following.
(a) The maximum CNEL considered normally acceptable for residential uses in the vicinity of an Airport is 60 dB. The CNEL 60 dB contour is one of the factors considered in establishing the Compatibility Zone boundaries and residential Density criteria. For the purposes of implementing this policy:
(1) No new dwelling shall be permitted within Compatibility Zone A. (2) Except as allowed by right in accordance with Policy 2.7.4, no new dwelling shall be permitted within Compatibility Zones A, B, C, and D1 for Angwin Airport – Parrett Field and Compatibility Zones A, B1, B2, B3, C, and D1 for Napa County Airport.
(3) Except as allowed by right in accordance with Policy 2.7.4, the maximum Density of residential uses in Compatibility Zone D2 for each Airport shall be as indicated in Chapter 4, Exhibit 4-1, Basic Compatibility Criteria for Angwin Airport – Parrett Field; and Chapter 5, Exhibit 5-1, Basic Compatibility Criteria for Napa County Airport.
(4) Within Compatibility Zone E, the Density of new residential development is not limited.
(5) A parcel on which residential uses are permitted by right in accordance with Policy 2.7.4 and by local land use regulations within Compatibility Zones B and C for Angwin Airport – Parrett Field and Compatibility Zones B1, B2, B3, and C for Napa County Airport shall locate the dwelling outside of the zones when feasible or locate the dwelling a maximum distance from the extended runway centerline.
(b) New nonresidential development shall be deemed incompatible in locations where the airport-related noise exposure would be highly disruptive to the specific land use.
(1) Highly Noise-Sensitive Land Uses are flagged with a symbol () in the Basic Compatibility Criteria table for each Airport.
(2) Caution must be exercised with regard to approval of outdoor uses—the potential for aircraft noise to disrupt the activity shall be taken into account. (3) Uses that are primarily indoor are acceptable if sound attenuation is provided in accordance with Policy 3.3.2 and as noted in the Basic Compatibility Criteria table for each Airport.
3.3.2 Maximum Acceptable Interior Noise Levels: To minimize disruption of indoor activities by aircraft noise, new structures within Compatibility Zones B and C for Angwin Airport – Parrett Field and Compatibility Zones B1, B2, B3, and C for Napa County Airport shall incorporate sound attenuation design features sufficient to meet the interior noise level criteria specified by this policy.
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3-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) All future structures outside of these Compatibility Zones are presumed to meet the interior noise level requirement with no special added construction techniques. 63 (a) For the following land uses, the aircraft-related interior noise level shall be no greater than CNEL 45 dB.
(1) Any habitable room of single or multi-family residences (including family day care homes with 14 or fewer children);
(2) Hotels, motels, and other long-term and short-term lodging; (3) Hospitals, nursing homes and other congregate care facilities; (4) Places of worship, meeting halls, theaters, and mortuaries; and (5) Schools, libraries, and museums.
(b) When structures are part of a proposed Land Use Action, evidence that the proposed structures will be designed to comply with the criteria in Paragraph (a) of this policy shall be submitted to the involved Local Agency as part of the building permit process. The calculations should assume that windows are closed. The Local Agency shall be responsible for assuring compliance.
(c) Exceptions to the interior noise level criteria in Paragraphs (a) and (b) of this Policy may be allowed where evidence is provided that the indoor noise generated by the use itself exceeds the listed criteria.
3.3.3 Noise-Sensitive Land Uses: Single-event noise levels should be considered when evaluating the compatibility of highly Noise-Sensitive Land Uses such as residences, schools, libraries, and outdoor theaters (see Policy 2.1.29). Susceptibility to speech interference and sleep disturbance are among the factors that make certain land uses noise sensitive. The compatibility evaluations in the Basic Compatibility Criteria table for each Airport take into account single-event noise concerns.
(a) The ALUC may require acoustical studies or on-site noise measurements to assist in determining the compatibility of Land Use Actions involving Noise-Sensitive Land Uses.
(b) Single-event noise levels are especially important in areas that are regularly overflown by aircraft, but that do not produce significant CNEL contours (helicopter overflight areas are a particular example). Flight patterns for the involved Airport should be considered in the review process including in locations beyond the mapped noise contours. The flight patterns for each Airport covered by this ALUCP are provided in Chapters 6 and 7.
3.3.4 Noise Criteria for Mixed-Use Development: The residential and nonresidential components of a mixed-use development shall individually satisfy the noise criteria set forth in Policies
3.3.1, 3.3.2, and 3.3.3 if the development contains Noise-Sensitive Land Uses. See Policy
3.4.8 for applicable safety criteria.
63 A typical mobile home has an exterior-to-interior noise level reduction (NLR) of at least 15 dB with windows closed. Wood frame buildings constructed to meet current standards for energy efficiency typically have an NLR of at least 20 dB with windows closed. 1018
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3.4 SAFETY COMPATIBILITY POLICIES
SAFETY COMPATIBILITY POLICIES BACKGROUND INFORMATION
The following Safety Compatibility Policies Background Information has been considered in formulating the safety compatibility criteria in this section but is provided for informational purposes only and does not itself constitute ALUCP policy.
Policy Objective
The intent of land use safety compatibility policies is to minimize the risks associated with an off-airport aircraft accident or emergency landing. The policies focus on reducing the potential consequences of such events should they occur. Risks both to people and property in the vicinity of an Airport and to people on board the aircraft are considered (land use features that can be the cause of an aircraft accident are addressed under Airspace Protection, Section 3.5.) Measures of Risk Exposure
This ALUCP evaluates the risks that potential aircraft accidents pose to lands and people around the Airport in terms of two parameters: where aircraft accidents are most likely to occur near the Airport; and the potential consequences if an accident occurs in one of those locations.
▪ The accident likelihood is measured in terms of the geographic distribution of where accidents have historically occurred around other airports having similar types of activity. Because aircraft accidents are infrequent occurrences, the pattern of accidents at any one airport cannot be used to predict where future accidents are most likely to happen around that airport. Reliance must be placed on data about aircraft accident locations at comparable airports nationally, refined with respect to information about the characteristics of aircraft use at the individual airport. ▪ The consequences component of the risk considers the number of people in harm’s way and their ability to escape harm. For most nonresidential development, potential consequences are measured in terms of the usage Intensity— the number of people per acre on the site. Local development standards (e.g., floor area ratios, parking requirements) and building code occupancies can be used to calculate nonresidential usage Intensities. For residential development, Density—the number of dwelling units per acre—is substituted for Intensity. Additional criteria are applicable to specific types of uses.
Factors Considered in Setting Safety Compatibility Policies Factors considered in setting the policies in this section include the following:
▪ The runway length, approach categories, normal flight patterns, and aircraft fleet mix at the Airport. These factors are reflected in the Compatibility Zones shapes and sizes.
▪ The locations, delineated with respect to each Airport’s runway, where aircraft accidents typically occur near airports, and the relative concentration of accidents within these locations. The most stringent land use controls are applied to the areas with the greatest potential accident exposure. The risk information utilized is the general aviation accident data and analyses contained in the California Airport Land Use Planning Handbook. The Handbook guidance regarding safety compatibility forms the basis for the safety component of the composite Compatibility Zones established for each Airport and the maximum usage intensities (people per acre) criteria indicated in Policy 3.4.2 and in the Basic Compatibility Criteria table for each Airport.
▪ Nonresidential intensities are limited in terms of both the average number of people on a site and the congregation of people in a 1.0-acre area. The average acre limit reduces the overall number of people in areas of risk, whereas the
1.0-acre limit protects against the consequences of an out-of-control aircraft striking where people are closely gathered.
See further discussion in 2011 Handbook, page 4-27.
▪ Handbook guidance regarding residential densities in rural and suburban areas. Residential Density limitations cannot be equated to the usage Intensity limitations for nonresidential uses. Consistent with pervasive societal views and as suggested by the Handbook guidelines, a greater degree of protection is warranted for residential uses. ▪ The presence of certain land use characteristics that represent safety concerns regardless of the number of people present, specifically vulnerable occupants (children, elderly, disabled), hazardous materials, and critical community infrastructure.
▪ The extent to which development covers the ground and thus limits the options of where the pilot of an aircraft in distress can attempt an emergency landing.
▪ The extent to which the occupied parts of a Project site are concentrated in a small area. Concentrated high intensities heighten the risk to occupants if an aircraft should it strike the location where the development is concentrated. To guard against this risk, limitations on the maximum concentrations of dwellings or people in a small area of a large Project site are appropriate.
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3-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
3.4.1 Residential Development Density Criteria: Proposed residential development shall be evaluated in accordance with the following criteria:
(a) Residential Density shall be measured in terms of dwelling units per acre (du/ac). (1) All residential uses must comply with the “sitewide average” usage Density limits indicated for each Compatibility Zone.
(2) The “sitewide average” Density equals the total number of dwelling units divided by the site size in acres (i.e., the total acreage of the Project site) which may include multiple parcels.
(3) “Single-acre” Density is not limited.
(b) The maximum allowable “sitewide average” residential Density within each Compatibility Zone shall be as indicated in:
(1) Exhibit 4-1, Basic Compatibility Criteria, Angwin Airport – Parrett Field (see Chapter 4); and
(2) Exhibit 5-1, Basic Compatibility Criteria, Napa County Airport (see Chapter 5). (c) See Policy 3.4.8 with regard to calculating the Density of mixed-use development. (d) Density bonuses and other bonuses or allowances that Local Agencies may provide for affordable housing developed in accordance with the provisions of state and/or local law or regulation shall be included when calculating residential densities. The overall Density of a development Project, including any bonuses or allowances, must comply with the allowable Density criteria of this ALUCP. (e) Accessory dwelling units, as defined by state law and local regulations, shall be excluded from Density calculations.
(f) See Policy 2.7.4 regarding development by right for exceptions to Density criteria.
3.4.2 Nonresidential Development Intensity Criteria: Nonresidential development shall be evaluated in accordance with the following criteria:
(a) The usage Intensity (people per acre) limit indicated in the Basic Compatibility Criteria table for each Compatibility Zone is the fundamental criterion against which the safety compatibility of most nonresidential land uses shall be measured. Other criteria may be applicable to Risk-Sensitive Land Uses (see Policy 3.4.9). (b) The maximum allowable nonresidential Intensity within each Compatibility Zone shall be as indicated in:
(1) Exhibit 4-1, Basic Compatibility Criteria, Angwin Airport – Parrett Field (see Chapter 4); and
(2) Exhibit 5-1, Basic Compatibility Criteria, Napa County Airport (see Chapter 5). (c) All nonresidential uses must comply with both the “sitewide average” and “singleacre” usage Intensity limits indicated for each Compatibility Zone in the above tables. (1) The “sitewide average” Intensity equals the total number of people expected to be on the entire site divided by the site size in acres (i.e., the total acreage of the Project site) which may include multiple parcels (see Policy 3.4.3 for calculation methodology).
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-11 (2) The “single-acre” Intensity equals the number of people expected to occupy the most intensively used 1.0-acre area(s) of the site (see Policy 3.4.4 for calculation methodology).
(d) Usage Intensity calculations shall include all people (e.g., employees, customers/visitors) who may be on the property at any single point in time, whether indoors or outdoors. For uses without fixed seating, the usage Intensity criteria of this ALUCP are based upon a normal busy-period occupancy, not on the highest attainable occupancy.
64 (e) Each component use within a nonresidential development that has multiple types of uses shall comply with the usage Intensity criteria in the Basic Compatibility Criteria tables for each Airport.
(f) For Intensity criteria pertaining to mixed-use projects having both residential and nonresidential components, see Policy 3.4.8.
(g) No new structures intended to be regularly occupied are allowed in Compatibility Zone A.
(h) The need to calculate the usage Intensity of a particular proposed Project for compliance with the Intensity criteria is to be governed by the following:
(1) Land use categories indicated as “Normally Compatible” for a particular Compatibility Zone are presumed to meet the Intensity criteria indicated for the Compatibility Zone. Calculation of the usage Intensity is not required unless the particular Project proposal represents an atypical example of the usage type. (2) Calculation of the usage Intensity must be done for all proposed Projects where the land use category for the particular Compatibility Zone is indicated as “Conditional” and the additional criteria column says, “Ensure Intensity criteria met.”
(3) For land use categories indicated as “Conditional” for the particular Compatibility Zone, but the criteria are other than “Ensure Intensity criteria met,” calculation of the usage Intensity is not necessary for typical examples of the use. However, the proposed Project must comply with the other criteria listed for the applicable land use category.
3.4.3 Methodology for Calculation of Sitewide Nonresidential Average Intensity: Various methods are available by which usage Intensities may be calculated (additional guidance is found in Appendix C).
(a) Calculation Using Floor Area Ratio (FAR). 65 The floor area ratio methodology is intended as an aid in calculating the usage Intensity of nonresidential uses. The indicated floor area ratios do not take precedence over the requirement for all Projects to comply with the Intensity limit stated for the respective Compatibility Zones. (1) Basis of FAR criteria.
64 This number will typically be lower than the absolute maximum number of occupants the facility can accommodate (such as would be used in determining compliance with building and fire codes).
65 Floor Area Ratio equals the total floor area of a project in square feet divided by the square footage of the site. For multi-floor buildings the square footage of all floors is counted.
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3-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) ▪ The maximum acceptable floor area ratio for most nonresidential land use categories is listed for Compatibility Zones where the acceptability of the use is “Conditional.”
▪ The floor area ratio limit listed for each use category directly corresponds with the maximum acceptable usage Intensity for the zone and the indicated typical Occupancy Load Factor (floor area square footage per person) for the use during a typical busy period. The allowable floor area ratio in a particular Compatibility Zone thus varies from one land use category to another.
▪ If a higher or lower Occupancy Load Factor can be documented for a particular Project, then the allowable floor area ratio would be correspondingly lower or higher.
(2) Application of FAR criteria:
▪ For single-use Projects (e.g., industrial facility), a Project may be tested for compliance by directly comparing the proposed floor area ratio of the Project with the maximum floor area ratio limit indicated for the land use category and Compatibility Zone. If the proposed floor area ratio exceeds the floor area ratio limit, the Project shall be deemed incompatible unless modified to ensure compliance with the Intensity criteria. ▪ For Projects involving multiple nonresidential land use categories (e.g., office and retail), the total floor area ratio of the building should first be calculated. If this number exceeds the allowable floor area ratio for any of the component uses, then each component use can be assigned a share of the overall Project site that differs from the component use’s share of the total Project floor area so that each component use will fall within its floor area ratio limit (see Exhibit 3-1 for example).
(3) Calculation Where Floor Area Ratio Is Not Indicated. Where occupancy load factors are not indicated or if the indicated Occupancy Load Factor is not applicable to a particular proposal or component thereof, then the number of occupants must be estimated in another manner (see Paragraphs (b) through (e)).
▪ Floor area ratios are not listed for uses that are “Incompatible” within a specific zone because these uses either are either typically incapable of meeting the usage Intensity limits or are incompatible for other reasons. ▪ Floor area ratios are not shown for uses that are “Normally Compatible” within a particular zone as these uses are presumed to be capable of meeting the usage Intensity limits.
(b) Calculation Using Fixed Seating: For uses having fixed seating for customers (for example, restaurants and theaters), occupancy shall equal the total number of seats plus the number of employees on site
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-13 EXHIBIT 3-1: FLOOR AREA RATIO CALCULATION EXAMPLE
In this example, compliance of a proposed warehouse facility with sitewide Intensity limits is calculated using the Floor Area Ratios listed for each component use in Exhibit 5-1, Compatibility Zone Criteria. Compliance with single-acre Intensity limits will need to be calculated separately using the method noted in Exhibit 3-2.
Compatibility Zone C1 Criteria
Intensity Limits
Max. Sitewide Average: 100 people per acre
Max. Single-Acre: 300 people per acre
Common Occupancy Load Factors
Office: 0.49
Lt. Industrial, Low Intensity: 0.80
Warehouse: 2.30
Project Specific Data
Site Acreage: 3 acres (130,680 s.f.)
Total Bldg Footprint: 76,600 s.f.
Total Bldg Floor Area: 82,600 s.f.
Office (2 story): 12,000 s.f.
Light Industrial: 20,000 s.f.
Warehouse: 50,600 s.f.
Floor Area Ratio Calculation
Total Bldg: 82,600 s.f. = 0.63 FAR
130,680 s.f.
The above calculation assumes each use has a proportional share of the property size. However, 0.63 exceeds the FAR Limit for Office . Therefore, these use’s assumed share of the site must be adjusted to be within the FAR limit.
Office: 12,000 s.f = 24,490 s.f. of site
0.49 FAR limit
Lt-Indus.: 20,000 s.f. = 25,000 s.f. of site
0.80 FAR limit
The remainder of the site can then be allocated to the Warehouse use and checked for compliance with the FAR limit.
Warehouse Site: 130,680 s.f. (total site)
– 24,490 s.f. (Office share of site)
– 25,000 s.f. (Lt. Indus. share of site)
= 81,190 s.f. (remainder for Warehouse)
Warehouse FAR: 50,600 s.f. = 0.62
81,190 s.f.
The resulting 0.62 FAR for the Warehouse’s share of the site complies with the 2.30 FAR limit for this use.
Therefore, all uses can meet the FAR limits for the respective use and the overall Project is consistent with ALUCP criteria.
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3-14 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (c) Calculation Using Vehicle Parking Requirements: For many commercial and industrial uses, the occupancy can be estimated by considering the number of parking spaces required by the Local Agency and multiplying by the average occupancy per vehicle. This method is not suitable for land uses where many users arrive on foot or by bicycle, transit, or other means of transportation (see Appendix C).
(d) Calculation Using Occupancy Load Factors: For most other uses, the typical Occupancy Load Factor indicated for the use shall be applied. 66 The Occupancy Load Factor is the assumed approximate average number of square feet occupied by each person in that use. Dividing the square footage of the building or component use by the Occupancy Load Factor for that use yields the number of occupants (see Exhibit 3-2 for example).
(1) For Projects involving a mixture of uses in a building, the Occupancy Load Factor for each component use shall be applied to give the occupancy for that use, then the component occupancies are added to determine total occupancy.
(2) If the Project applicant can document a higher or lower Occupancy Load Factor for a particular use, then the ALUC may use that number in lieu of the number in the Basic Compatibility Criteria table for each Airport. In considering any such exceptions, the ALUC shall also take into account the potential for the use of a building to change over time (see Policy 3.4.5). (e) Calculation Using Building and Fire Codes: This method is essentially the same as the Occupancy Load Factor method in that the codes provide a square footage per person for various types of building uses. Building and Fire Codes, though, are based on a maximum, never to be exceeded, number of occupants rather than the average busy period that is the basis for airport land use compatibility planning (see Appendix C). As such, the total occupancy calculated using these codes must be reduced by a set factor—50 percent for most uses—to provide a number consistent with the indicated Intensity limit for each Compatibility Zone.
3.4.4 Methodology for Calculation of Single-Acre Intensity: The single-acre Intensity of a proposed Project shall be calculated by determining the total number of people expected to be within any 1.0-acre portion of the site, typically the most intensively used building or part of a building. Calculation of the single-acre Intensity depends upon the building footprint and site sizes and the distribution of activities on the site. (a) For Projects with sites less than 1.0 acre, the single-acre Intensity equals the total number of people on the site divided by the site size in acres. (b) For Projects with sites larger than 1.0 acre and a building footprint less than 1.0 acre, the single-acre Intensity equals the total number of building occupants unless the Project includes substantial outdoor occupancy in which case such usage should be taken into account.
66 Occupancy Load Factors are based on information from various sources and are intended to represent busy-period usage for typical examples of the land use category. They can be used as a factor in determining the appropriate land use category for unlisted uses or atypical examples of a use.
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-15 EXHIBIT 3-2: TOTAL OCCUPANCY CALCULATION EXAMPLE
In this example, both the sitewide and single-acre Intensity of a proposed warehouse facility are calculated using the common Occupancy Load Factors (number of square feet per person) information in Exhibit 5-1, Compatibility Zone Criteria together with project specifications. The results are then compared with the maximum sitewide and single-acre Intensity limits in the respective table to determine consistency of the Project with the safety criteria.
Compatibility Zone C1 Criteria
Intensity Limits
Max. Sitewide Average: 100 people per acre
Max. Single-Acre: 300 people per acre
Common Occupancy Load Factors
Office: approx. 215 s.f. per person
Lt. Industrial, Low Intensity: approx. 350 s.f. per person Warehouse: approx. 1,000 s.f. per person
Project Specific Data
Site Acreage: 3 acres (130,680 s.f.)
Total Bldg Footprint: 76,600 s.f.
Total Bldg Floor Area: 82,600 s.f.
Office (2 story): 12,000 s.f.
Light Industrial: 20,000 s.f.
Warehouse: 50,600 s.f.
Total Occupancy Calculation
Office: 12,000 s.f = 56 people
215 s.f. per person
Lt. Indus.: 20,000 s.f. = 57 people
350 s.f. per person
Warehouse: 50,600 s.f. = 51 people
1,000 s.f. per person
Total: = 164 people
Intensity Results
Sitewide Average Intensity (average number of people per acre for the site) Total people = 164 people = 55 people per acre
Site Acreage 3 acres
Single-Acre Intensity (the highest concentration of people anticipated to be in an area approx. 1.0 acre in size) A 1-acre area encompasses all of the Office and Light Industrial uses plus 23% of the Warehouse Total people = 56 + 57 + (0.23*51) people = 125 people in 1.0 acre area Single-Acre 1 acre
The results of the Intensity calculations indicate that the proposed development satisfies the sitewide and single-acre Intensity criteria.
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3-16 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (c) For Projects having both site size and building footprint of more than 1.0 acre, the single-acre Intensity shall normally be calculated as the total number of building occupants divided by the building footprint in acres. This calculation assumes that the occupancy of the building is evenly distributed. However, if the occupancy of the building is concentrated in one area—the office area of a large warehouse, for example—then all occupants of that area shall be included in the single-acre calculation. See Exhibit 3-2 for an example.
(d) The 1.0-acre areas to be evaluated shall normally match the building footprints provided that the buildings are generally rectangular (reasonably close to square) and not elongated in shape and, for buildings larger than 1.0 acre, may represent a portion of the building.
(e) If a building has multiple floors, then the total number of occupants on all floors falling within the 1.0-acre footprint shall be counted.
3.4.5 Long-Term Changes in Occupancy: In evaluating compliance of a proposed nonresidential Project with the usage Intensity criteria in Policy 3.4.2(b), the ALUC shall take into account the potential for the use of a building to change over time. A building could have planned low-intensity use initially but later be converted to a higher-intensity use. Local Agencies must provide permit language or other mechanisms to ensure continued compliance with the usage Intensity criteria. Note that this provision applies only to new development and Redevelopment—Projects for which discretionary Local Agency action is required—not to tenant improvements or other changes to existing buildings for which local approval is ministerial.
3.4.6 Sites Split by Two or More Compatibility Zones: For the purposes of evaluating consistency with the compatibility criteria in the Basic Compatibility Criteria table for each Airport, a Project shall be evaluated as follows:
(a) Any parcel that is split by Compatibility Zone boundaries shall be considered as if it were multiple parcels divided at the Compatibility Zone boundary line. See Exhibit 3-3 for example.
(b) The criteria for the Compatibility Zone where the proposed building(s) or areas of outdoor congregation of people are located shall apply.
3.4.7 Transferring Residential Density or Nonresidential Intensity: When a Project site is split by a Compatibility Zone, modification of the Project site plan so as to transfer the allowed Density of residential development or Intensity of nonresidential development from the more restricted portion to the less restricted portion is encouraged. The purpose of this policy is to move people outside of the higher-risk zones.
(a) This full or partial reallocation of Density or Intensity is permitted even if the resulting Intensity in the less restricted area would then exceed the sitewide average Density or Intensity limits that apply within that Compatibility Zone (see Exhibit 3-4).
However, transferring of Density or Intensity to a zone in which the proposed use is listed as incompatible is not allowed.
(b) The single-acre Intensity criterion for the zone to which the use is transferred must still be satisfied.
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-17 EXHIBIT 3-3: PROPOSED LAND USE SPLIT BY COMPATIBILITY ZONES In this example, the restaurant and office uses are
split between Compatibility Zones B2 and C. When
determining compliance with the Zone B2 Intensity
limits, only the portions of the uses in Zone B2,
together with the retail use that is fully in Zone B2
are considered and the site size is the 3.5 acres in
Zone B2.
Compatibility Zone B2
Retail: 50,000 s.f. = 294 people
170 s.f. per person
Restaurant: 50% of 18,000 s.f. = 150 people
60 s.f. per person
Office: 50% of 24,000 s.f. = 56 people
215 s.f. per person
Total Occupancy: = 500 people
Intensity: 500 people = 143 people/acre*
3.5 acres
* Would exceed Zone B2 sitewide average limit of 75
people/acre
Compatibility Zone C
A similar analysis is required for the uses in Zone C.
EXHIBIT 3-4: TRANSFERRING USAGE INTENSITY
An example of transferring usage Intensity to the less restrictive Compatibility Zone is provided below. This example is based on criteria and data in Exhibit 3-1.
Intensity Criteria
Max. Sitewide Average (Max. Single-Acre)
• Zone B1 = 50 people/acre (100 people/single acre)
• Zone B2 = 75 people/acre (225 people/single acre)
Project Site
Total Site Acreage: 3 acres
• Zone B1: 1.0 acre
• Zone B2: 2.0 acres
Allowable Intensity Based on Criteria
• Zone B1: 50 people/acre x 1.0 acre = 50 people
• Zone B2: 75 people/acre x 2.0 acres = 150 people
• Total Allowable Intensity on Site: 200 people
Transferring Intensity from Zone B1 to Zone B2
• Zone B1: 0 people
• Zone B2: 200 people (includes 50 people from Zone B1) Although 200 people in 2.0 acres exceeds 150 people allowed under Zone B2 criteria (75 people/acre x 2.0 acres = 150 people), it is allowable under usage Intensity transfer policy as it does not exceed the single-acre Intensity limit of 225 people.
Zone
B2
Zone
C
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3-18 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
3.4.8 Safety Criteria for Mixed-Use Development: Projects involving a mixture of residential and nonresidential uses shall be evaluated as follows:
(a) Where the residential and nonresidential uses are proposed to be situated on separate parts of the Project site, the Project shall be evaluated as separate developments. Each component of the Project must meet the criteria for the respective land use category in the Basic Compatibility Criteria table for the associated Airport. Specifically, the residential Density shall be calculated with respect to the area(s) to be devoted to residential development and the nonresidential Intensity calculated with respect to the area(s) proposed for nonresidential uses. This provision means that the residential Density cannot be averaged over the entire Project site when nonresidential uses will occupy some of the area. The same limitation applies in reverse—that is, the nonresidential Intensity cannot be averaged over an area that includes residential uses.
(b) Projects in which residential uses are proposed to be located in conjunction with nonresidential uses in the same or nearby buildings on the same site must meet both residential Density and nonresidential Intensity criteria. The number of dwelling units shall not exceed the Density limits indicated in the Basic Compatibility Criteria table for the associated Airport. Additionally, the normal occupancy of the residential component shall be added to that of the nonresidential portion and the total occupancy shall be evaluated with respect to the nonresidential usage Intensity criteria. The ALUC may make exceptions to this provision if the residential and nonresidential components of the Project would clearly not be simultaneously occupied to their maximum intensities.
(c) Mixed-use development shall not be allowed where the residential component would be situated in a Compatibility Zone where residential development is indicated as “Incompatible” in the Basic Compatibility Criteria table for the associated Airport.
3.4.9 Risk-Sensitive Land Uses: Certain types of land uses represent special safety concerns irrespective of the number of people associated with those uses. Land uses of particular concern and the nature of the concern are listed below along with the criteria applicable to these uses. These uses and criteria are also indicated in the Basic Compatibility Criteria table for each Airport. In some cases, these uses are not allowed in portions of an Airport environs regardless of the number of occupants associated with the use.
In other instances, these uses should be avoided—that is, allowed only if an alternative site outside the zone would not serve the intended function. When the use is allowed, special measures should be taken to minimize hazards to the facility and occupants if the facility were to be struck by an aircraft.
(a) Uses Having Vulnerable Occupants: These uses are ones in which the majority of occupants are children, elderly, and/or disabled people who have reduced effective mobility or may be unable to respond to emergency situations. (1) The primary uses in this category include, but are not limited to the following:
▪ Children’s schools (grades K–12).
▪ Day care centers (facilities with more than 14 children 67). 67 As defined in Health and Safety Code, Section 1597.43. 1028
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-19 ▪ In-patient hospitals, mental hospitals, nursing homes, and similar medical facilities where patients remain overnight.
▪ Congregate care facilities including retirement homes, assisted living, intermediate care facilities, and adult daycare facilities. ▪ Penal institutions.
▪ Emergency shelters.
(2) Uses having vulnerable occupants shall be limited within each Compatibility Zone as indicated in Exhibit 4-1, Basic Compatibility Criteria, Angwin Airport – Parrett Field and Exhibit 5-1, Basic Compatibility Criteria, Napa County Airport. New sites or facilities or expansion of existing sites or facilities shall be prohibited where the use is deemed “Incompatible.”
(b) Hazardous Materials Storage: Materials that are flammable, explosive, corrosive, or toxic constitute special safety compatibility concerns to the extent that an aircraft accident could cause release of the materials and thereby pose dangers to people and property in the vicinity.
(1) Facilities in this category include, but are not limited to the following:
▪ First Group Facilities: Facilities such as oil refineries and chemical plants that manufacture, process, and/or store bulk quantities of hazardous materials generally for shipment elsewhere.
▪ Second Group Facilities: Facilities associated with otherwise compatible land uses where hazardous materials are stored in smaller quantities primarily for on-site use.
(2) Uses containing hazardous materials shall be limited within each Compatibility Zone as indicated in Exhibit 4-1, Basic Compatibility Criteria, Angwin Airport – Parrett Field and Exhibit 5-1, Basic Compatibility Criteria, Napa County Airport. New sites or facilities or expansion of existing sites or facilities shall be prohibited where the use is deemed “Incompatible.”
(3) All facilities must comply with the Intensity limits set forth in Policy 3.4.2(b) and other criteria noted in the Basic Compatibility Criteria Table for each Airport. (4) Generation of steam or thermal plumes that reach aircraft flight altitudes are prohibited within all Compatibility Zones.
(c) Critical Community Infrastructure: This category pertains to facilities the damage or destruction of which would cause significant adverse effects to public health and welfare well beyond the immediate vicinity of the facility. (1) Facilities include, but are not limited to the following:
▪ Public safety facilities such as police and fire stations. ▪ Communications facilities including emergency communications, broadcast, and cell phone towers.
▪ Primary, peaking, and renewable energy power plants; electrical substations; and other utilities.
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3-20 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (2) Criteria for new or expanded facilities shall be limited or prohibited in accordance with Exhibit 4-1, Basic Compatibility Criteria, Angwin Airport – Parrett Field and Exhibit 5-1, Basic Compatibility Criteria, Napa County Airport.
3.5 AIRSPACE PROTECTION COMPATIBILITY POLICIES
AIRSPACE PROTECTION COMPATIBILITY POLICIES BACKGROUND INFORMATION The following Airspace Protection Compatibility Policies Background Information has been considered in formulating the Airspace Protection Compatibility policies in this section but is provided for informational purposes only and does not itself constitute ALUCP policy.
Policy Objective
Airspace protection compatibility policies seek to prevent creation of land use features that can pose hazards to the airspace required by aircraft in flight and have the potential for causing an aircraft accident.
Measures of Hazards to Airspace
Three categories of hazards to airspace are a concern: physical, visual, and electronic. ▪ Physical hazards include tall structures that have the potential to intrude upon protected airspace as well as land use features that have the potential to attract birds or other potentially hazardous wildlife to the airport area. ▪ Visual hazards include certain types of lights, sources of glare, and sources of dust, steam, or smoke. ▪ Electronic hazards are ones that may cause interference with aircraft communications or navigation.
Factors Considered in Setting Airspace Protection / Object Height Compatibility Policies The ALUCP airspace protection policies rely upon the regulations and standards enacted by the Federal Aviation Administration (FAA) and the State of California. The FAA has well defined standards by which potential hazards to flight, especially airspace obstructions, can be assessed. The following FAA regulations and documents, and any later versions of these documents, are specifically relevant.
▪ Code of Federal Regulations (CFR) Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace (provides standards regarding FAA notification of proposed objects and for height limits of objects near airports). ▪ FAA Advisory Circular 150/5300-13, Airport Design (provides standards regarding safety-related areas in the immediate vicinity of runways).
▪ Advisory Circular 70/7460-1K, Obstruction Marking and Lighting (sets standards for how essential marking and lighting should be designed).
These regulations and standards do not give the FAA authority to prevent the creation of hazards to flight. That authority rests with state and local agencies. The State of California has enacted regulations enabling state and local agencies to enforce the FAA standards. The ALUCP policies are intended to help implement the federal and state regulations.
Factors Considered in Setting Airspace Protection / Wildlife Hazard Compatibility Policies Natural features and agricultural practices may include open water and food sources that are attractive to wildlife, especially waterfowl and other bird species. The ALUCP relies upon the wildlife hazard guidelines established by the FAA in the following Advisory Circulars:
▪ FAA Advisory Circular 150/5200-33C, Hazardous Wildlife Attractants on or near Airports (provides guidance on types of attractants to be avoided).
▪ FAA Advisory Circular 150/5200-34A, Construction or Establishment of Landfills near Public Airports (sets guidelines on proximity of these facilities to airports).
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-21
3.5.1 Evaluating Airspace Protection / Object Height Compatibility for New Development: The object height compatibility of proposed land uses within the Airport Influence Area shall be evaluated in accordance with the policies in this section, including the Airspace Protection Map provided in Chapter 4 for Angwin Airport – Parrett Field and Chapter 5 for Napa County Airport.
(a) The airspace protection / height limit surfaces depicted in each Airspace Protection Map are drawn in accordance with CFR Part 77, Subpart C, and reflect the runway length, runway end locations, and approach type for each end of the runway.
Where changes to any of these design features are formally proposed for an Airport by the Airport owner, both the current and future features are considered. (b) The Airspace Critical Protection Zone consists of the CFR Part 77 primary surface and the area beneath portions of the approach and transitional surfaces to where these surfaces intersect with the horizontal surface together with the Airspace High Terrain Zone.
(c) The Airspace High Terrain Zone, which applies only to Napa County Airport, encompasses locations where the ground elevation exceeds or is within 35 feet beneath an Airspace Protection Surface as defined by CFR Part 77 for the Airport.
3.5.2 Object Height Criteria: The criteria for determining the acceptability of a Project with respect to height shall be based upon the standards set forth in CFR Part 77, Subpart C, Safe, Efficient Use and Preservation of the Navigable Airspace, and applicable airport design standards published by the FAA. Additionally, where an FAA aeronautical study of a proposed object has been required as described in Policy 3.5.5, the results of that study shall be taken into account by the ALUC.
(a) Except as provided in Paragraphs (b) and (c) of this policy, no object, including a mobile object such as a vehicle or temporary object such as construction crane, shall have a height that would result in penetration of an Airspace Protection Surface.
Any object that penetrates one of these surfaces is, by FAA definition, deemed an obstruction. 68
(b) Objects not situated within an Airspace Critical Protection Zone (see Policy 3.5.1(b)) may be allowed to have heights that penetrate the Airspace Protection Surfaces defined by CFR Part 77 criteria under the following conditions:
(1) The maximum allowable height for these objects is 35 feet above ground level.
(2) The height of all objects is subject to Local Agency zoning limits. (c) When located outside of an Airspace Critical Protection Zone, a proposed object having a height that exceeds the Airport’s Airspace Protection Surfaces shall be allowed only if all of the following apply:
(1) As the result of an aeronautical study, the FAA determines that the object would not be a hazard to air navigation.
68 An obstruction may or may not be a hazard. The purpose of FAA aeronautical studies is to determine whether an obstruction is a hazard and, if so, what remedy is recommended. The FAA’s remedies are limited to making changes to the airspace and an airport’s approach procedures, but it also can indicate an objection to proposed structures that it deems to be a hazard. 1031
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3-22 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (2) FAA or other expert analysis conducted under the auspices of the ALUC or the Airport operator concludes that, despite being an airspace obstruction (not necessarily a hazard), the object would not cause any of the following:
▪ An increase in the ceiling or visibility minimums of the Airport for an existing or planned instrument procedure (a planned procedure is one that is formally on file with the FAA);
▪ A reduction of the established operational efficiency and capacity of the Airport, such as by causing the usable length of the runway to be reduced; or
▪ Conflict with the visual flight rules (VFR), airspace used for the airport traffic pattern or en route navigation to and from the Airport. (3) Marking and lighting of the object will be installed as directed by the FAA aeronautical study or Caltrans and in a manner consistent with FAA standards in effect at the time the construction is proposed. 69
(4) An Avigation Easement is dedicated to the agency owning the Airport in accordance with Policy 3.7.1.
(5) The proposed project/plan complies with all other policies of this ALUCP.
3.5.3 Criteria Addressing Wildlife Hazards: Proposed land uses or land use features that could attract potentially hazardous wildlife to the Airport vicinity or could interfere with aircraft during takeoff, in flight, or landing at the Airport shall be restricted as indicated in this policy. Any proposed land use that could attract wildlife to an Airport Influence Area is a potential concern. Federal regulations and guidance identify specific land uses that the Federal Aviation Administration deems incompatible near airports. 70 (a) The ALUC’s role and policy with regard to regulating wildlife hazards in areas around the Airports in Napa County is limited to new development as well as general plans, specific plans, master plans, and zoning ordinances that set standards for proposed development, land uses, or site features such as those listed in Paragraph (d) of this policy. As stated in Policy 2.7.3, the ALUC has no authority to regulate existing land uses. This includes land uses such as agriculture that can have characteristics attractive to hazardous wildlife. Crop selection and other routine agricultural activities that do not involve construction or otherwise constitute a land use Project and do not need Local Agency approval are not subject to ALUC authority and the policies of this ALUCP.
(b) Proposed land uses or site features, as listed in Paragraph (d) of this policy, that have the potential to attract potentially hazardous wildlife shall be prohibited within Compatibility Zone A and shall be avoided within the remainder of the Wildlife Hazard Critical Zone shown on the Airspace Protection Maps for Angwin Airport – Parrett Field (Exhibit 4-2) and Napa County Airport (Exhibit 5-2). 69 Advisory Circular 70/7460-1J, Obstruction Marking and Lighting, or any later FAA guidance. 70 The FAA rules and regulations include, but are not limited to: Public Law 106-181 (Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, known as AIR 21), Section 503; 40 CFR 258, Criteria for Municipal Solid Waste Landfills, Section 258.10, Airport Safety; Advisory Circular 150/5200-33C, Hazardous Wildlife Attractants On or Near Airports; Advisory Circular 150/5200-34A, Construction or Establishment of Landfills near Public Airports; and any subsequent applicable FAA guidance. 1032
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-23 (c) For the purposes of this policy, “avoid” means that the use or feature is acceptable only if an alternative site with similar characteristics located outside the Wildlife Hazard Critical Zone is not feasible and appropriate measures can be provided to minimize an increase in the attraction of hazardous wildlife above what exists in the absence of the Project.
(d) The land uses and site features subject to this policy include, but are not limited to:
(1) New or expanded waste disposal facilities, such as new landfills, landfill expansions, and waste transfer stations.
(2) New or expanded water management facilities having the potential to hold exposed surface water for more than 48 hours following the design storm.
Such facilities include stormwater management/water quality treatment ponds, settling ponds, artificial marshes, ornamental ponds, fountains, etc. In the event that detention exceeds 48 hours, measures should be incorporated to minimize the facility’s attractiveness to potentially hazardous wildlife. (3) New or expanded wetlands including mitigation sites. (4) New or expanded open areas designed specifically to attract wildlife or create habitat. Such uses include conservation areas, wildlife preserves, and mitigation areas, as well as uses designed primarily for other purposes; for example, golf courses.
(5) New, expanded, or enhanced structures or architectural features that could provide nesting, shelter, or perching opportunities for raptors and large birds unless the attractiveness of these features is reduced through the application of nets, bird spikes, or other deterrents. Communication towers, signs, and light standards are examples of structures of this type. (6) Landscaping plans associated with new Projects or land uses that provide for planting of new trees to create dense and contiguous canopy or plant materials that provide food sources, such as fruit, nuts, or berries. (e) Proposed master site plans, landscaping plans, conservation plans, and other planning or legal documents associated with the Major Land Use Actions listed in Policy 2.5.2 shall indicate that the uses and features listed in Paragraph (d) of this policy are to be prohibited within Compatibility Zone A and avoided within the remainder of the Wildlife Hazard Critical Zone.
(f) Certain natural features, such as the Napa River marshes, wetlands, sloughs, and tidal areas, are the focus of regional restoration efforts identified by the Napa County General Plan, Conservation Element. Plans to restore portions of these natural features may include areas within the Wildlife Hazard Critical Zone, and, as such, should consider measures to minimize their attractiveness to potentially hazardous wildlife through such items as plant materials, open water areas, etc. 1033
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3-24 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (g) The ALUC Executive Officer and Local Agencies should consult airport management, an FAA-qualified Airport Wildlife Biologist, FAA Wildlife Hazard Management regulations and guidance, and the USDA Wildlife Hazards Program for guidance regarding implementation of this policy. 71
3.5.4 Criteria Addressing Other Flight Hazards: Land uses that may cause visual or electronic hazards to aircraft in flight or taking off or landing at the airport shall not be allowed within the Airport Influence Area unless the uses are consistent with FAA rules and regulations.
(a) Specific characteristics to be evaluated for potential hazards to flight include:
(1) Sources of glare (such as from solar arrays, mirrored or other highly reflective structures, or building features) or bright lights (including search lights and laser light displays);
(2) Distracting lights that could be mistaken for airport lights; (3) Sources of dust, steam, or smoke that may impair pilots’ vision; (4) Sources of steam or other emissions that cause thermal plumes or other forms of unstable air;
(5) Sources of electrical interference with aircraft communications or navigation. (b) To resolve any uncertainties with regard to the significance of the above types of flight hazards, Local Agencies should consult with FAA officials, Caltrans, and Airport management.
3.5.5 Requirements for FAA Notification of Proposed Construction: Project proponents are responsible for notifying the FAA about proposed construction that may affect navigable airspace. 72 The following is ALUCP policy on this topic.
71 FAA and the Caltrans Division of Aeronautics recommend that airport operators, local planners, and developers work together to take into account whether the proposed land uses will increase wildlife hazards in the airport vicinity, and the agencies recommend the establishment of a wildlife hazard working group to facilitate communication, cooperation and coordination between the airport and surrounding communities and to encourage landowners and lease holders to control wildlife hazards. Such a group could assist the ALUC in evaluating the potential of a proposed project to increase risk to aircraft operations. 72 CFR Part 77 requires that a project proponent submit notification of a proposal to the FAA where required by the provisions of CFR Part 77, Subpart B. Public Utilities Code Sections 21658 and 21659 likewise include this requirement. FAA notification requirements apply to all objects including structures, antennas, trees, mobile objects, and temporary objects such as construction cranes. The FAA will conduct an “aeronautical study” of the object(s) and determine whether the object(s) would be of a height that would constitute a hazard to air navigation. (See Appendix B of this Compatibility Plan for a copy of CFR Part 77 and online procedures for filing Form 7460-1.) FAA notification is required at least 45 days before the start date of the proposed construction or the date an application for a construction permit is filed, whichever is earliest. FAA notification is required under the following circumstances:
(a) The project contains proposed structures or other objects that exceed the height standards defined in CFR Part 77, Subpart B. Objects shielded by nearby taller objects are exempted in accordance with CFR Part 77, Paragraph 77.15. Note that notification to the FAA under CFR Part 77, Subpart B, is required even for certain proposed construction that does not exceed the height limits allowed by Subpart C of the regulations. As presented in Chapters 4 and 5, the FAA notification area extends beyond the Airport Influence Area. The Subpart B notification airspace surface extends outward and upward at a slope of 50 to 1 for a horizontal distance of 10,000 or 100 to 1 for a horizontal distance of 20,000 feet from the nearest point on any runway. (b) Any proposal for construction or alteration of a structure, including antennas, taller than 200 feet above the ground level at the site regardless of proximity to any airport.
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-25 (a) The Local Agency having jurisdiction over the Project site should inform the Project proponent of the requirements for notification to the FAA. Reference to FAA notification requirements is included in this policy for informational purposes only, not as an ALUCP policy.
(b) FAA review is required for any proposed structure more than 200 feet above the surface level of its site. All such proposals also shall be submitted to the ALUC for review regardless of where within Napa County they would be located. 73 (c) Any proposed development Project that includes construction of a structure or other object and that is required to be submitted to the ALUC for a consistency review in accordance with Policies 2.5.1 or 2.5.2 shall include a copy of the completed CFR Part 77 notification form (Form 7460-1) submitted to the FAA, if applicable, and of the resulting FAA findings from its aeronautical study (i.e., notice of determination letter). A proposed Project may be referred to the ALUC in advance of the completion of the FAA aeronautical study. However, the completed aeronautical study must be forwarded to the ALUC when available, but before issuance of a construction permit, and the ALUC may reconsider its previous consistency determination if the FAA study provides new information and airspace protection was a factor in the ALUC’s determination. (d) An FAA Determination of “No Hazard to Air Navigation” does not automatically qualify as a Consistency Determination by the ALUC. While the FAA determination is a key consideration with regard to airspace protection concerns, the ALUC must also consider noise and safety factors in making its ALUCP consistency determination.
3.5.6 ALUC Review: The requirement for notification to the FAA shall not by itself trigger an airport compatibility review of an individual Project by the ALUC. If the general plan of the Local Agency in which the Project is to be located has been determined by the ALUC to be consistent with this ALUCP, then no ALUC review is required. If the general plan has not been made consistent, then the proposed Project must be referred to the ALUC for review if it qualifies as a Major Land Use Action (see Policy 2.5.2). 73 Also, in accordance with CFR Part 77, Paragraph 77.9(a), notification to the FAA is required for “Any construction or alteration that is more than 200 ft. AGL at its site.”
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3-26 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
3.6 OVERFLIGHT COMPATIBILITY POLICIES
OVERFLIGHT COMPATIBILITY POLICIES BACKGROUND INFORMATION The following Overflight Compatibility Policies Background Information has been considered in formulating the Overflight Compatibility policies in this section but is provided for informational purposes only and does not itself constitute ALUCP policy.
Policy Objective
Noise from individual aircraft operations, especially by comparatively loud aircraft, can be intrusive and annoying in locations beyond the limits of the noise exposure areas addressed by the policies in Section 3.3. Sensitivity to aircraft overflight varies from one person to another.
The policies in this section serve primarily to establish the form and requirements for notification about airport proximity and aircraft overflight to be given in conjunction with Local Agency approval of new Residential Development and with certain real estate transactions involving existing Residential Development. Overflight policies do not apply to Nonresidential Development.
Measures of Overflight Exposure
The loudness and frequency of occurrence of individual aircraft noise events are key determinants of where airport proximity and aircraft overflight notification is warranted. Single-event noise levels are especially important in areas that are overflown regularly by aircraft but that do not produce significant CNEL contours.
Locations where aircraft regularly fly at approximately the traffic pattern altitude—1,000 feet above airport elevation—or lower are considered to be within the overflight impact area of each Airport. Note that the flight altitude above ground level at any particular point will be more or less than this amount depending upon the terrain below. Areas of high terrain beneath the traffic patterns are exposed to comparatively greater noise levels, a factor that is considered in the overflight policies.
Factors Considered in Setting Overflight Compatibility Policies Factors considered in establishing overflight compatibility policies include the following:
▪ Unlike the function of the noise, safety, and airspace protection compatibility policies in this ALUCP, overflight compatibility policies do not restrict the manner in which land can be developed or used. The policies serve only to establish the form and requirements for notification about airport proximity and aircraft overflights to be given in conjunction with Local Agency approval of new development and with certain real estate transactions involving existing development.
▪ To be most effective, overflight policies should establish notification requirements for transactions involving existing residential land uses, not just future residential development. However, the only function of the ALUCP with regard to Existing Land Uses is to define the boundaries within which Airport Proximity Disclosure in conjunction with real estate transactions should be provided as specified under state law. Other than setting the disclosure boundary, the policies in this section apply only to new residential development. ▪ State Airport Proximity Disclosure law applies to existing development, but not to all transactions. California state statutes (Business and Professional Code Section 11010 and Civil Code Sections 1102.6, 1103.4, and 1353) require that, as part of many residential real estate transactions, information be disclosed regarding whether the property is situated within an Airport Influence Area. These state requirements apply to the sale or lease of newly subdivided lands and condominium conversions and to the sale of certain existing residential property. In general, Airport Proximity Disclosure is required with existing residential property transfer only when certain natural conditions (earthquake, fire, or flood hazards) warrant disclosure.
▪ Need for continuity of notification to future property owners and tenants. To the extent that this ALUCP sets notification requirements for new development, notifications should be in a form that runs with the land and is provided to prospective future owners and tenants.
▪ To avoid inappropriateness of Avigation Easement dedication solely for buyer awareness purposes. Avigation Easements involve conveyance of property rights from the property owner to the party owning the easement and are thus best suited to locations where land use restrictions for noise, safety, or airspace protection purposes are necessary.
Property rights conveyance is not needed for buyer awareness purposes. ALUC policy regarding Avigation Easements is set forth in Policy 3.7.1.
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Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-27
3.6.1 Recorded Overflight Notification: As a condition for ALUC approval of a residential land use Project within Compatibility Zone D2 for Angwin Airport – Parrett Field or Napa County Airport, an Overflight Notification shall be recorded in the chain of title of the property. (a) The notification shall be of a format similar to that indicated in Appendix E and shall contain the following language dictated by state law 74 with regard to Airport Proximity Disclosure in conjunction with real estate transfer:
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) The notification shall be evident to prospective purchasers of the property and shall appear on the property deed.
(c) A Recorded Overflight Notification is not required where an Avigation Easement dedication is required as the Avigation Easement accomplishes the notification function (see Policy 3.7.1).
(d) Recording of an overflight notification is not required for nonresidential development.
3.6.2 Airport Proximity Disclosure: State law requires that notice disclosing information about the presence of a nearby airport be given to prospective buyers of certain residential real estate within an Airport Influence Area. The statutes define an Airport Influence Area as “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.” 75 ALUCP criteria with regard to Airport Proximity Disclosure are as follows:
(a) For existing residences:
(1) Airport Proximity Disclosure as part of real estate transactions involving existing residences is a matter between private parties. Neither this ALUCP nor Local Agencies have authority to mandate that Airport Proximity Disclosure be provided and neither the ALUCP nor Local Agencies have enforcement responsibilities with regard to this disclosure.
(2) The sole responsibility of Local Agencies with regard to Airport Proximity Disclosure for existing residences is to recommend the boundary of the area within which the disclosure is deemed appropriate and to provide this information to local title companies and real estate agents. The Airport Influence Area defined herein for each of the Airports covered by this ALUCP establishes the area in which Airport Proximity Disclosure is recommended. 74 California Business and Professions Code Section 11010(b) and Civil Code Section 1353(a). 75 California Business and Professions Code Section 11010(b) and Civil Code Section 1353(a). 1037
CHAPTER 3 COUNTYWIDE COMPATIBILITY POLICIES
3-28 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (3) Airport Proximity Disclosure should be provided as part of all real estate transactions (sale, lease, or rental) involving residential property anywhere within the Airport Influence Area.
(b) For proposed residential Projects:
(1) The disclosure provisions of state law are deemed mandatory for new residential Projects anywhere within the Airport Influence Area and shall continue in effect as ALUCP criteria even if the state law is made less stringent or rescinded. The disclosure shall be of a format similar to that indicated in Appendix E and shall contain the language dictated by state law (see Policy
3.6.1(a)).
(2) Signs providing the notice included in Policy 3.6.1(a) and a map of the Airport Influence Area shall be prominently posted in the real estate sales office and/or other key locations at any new residential Project within the Airport Influence Area.
3.7 CRITERIA FOR SPECIAL CIRCUMSTANCES
3.7.1 Avigation Easement Dedication: As a condition for approval of Projects that are subject to the review provisions of this ALUCP and that meet the conditions in Paragraphs (a) and (b) of this policy, the property owner shall be required to dedicate an Avigation Easement to the Local Agency owning the Airport.
(a) Avigation Easement dedication is required for all off-airport Projects situated on a site that lies completely or partially within any of the following portions of an Airport Influence Area:
(1) Within Compatibility Zones A, B, C, or D1 for Angwin Airport – Parrett Field. (2) Within Compatibility Zones A, B1, B2, B3, C, or D1 for Napa County Airport. (3) Within the Airspace Critical Protection Zone as defined in Policy 3.5.1(b). (4) Within the Airspace High Terrain Zone as defined by Policy 3.5.1(c). (b) Within the areas defined by Paragraph (a), Avigation Easement dedication shall be required for any proposed Project, including Infill Projects, for which discretionary Local Agency approval is required. Avigation Easement dedication is not required for ministerial approvals such as building permits or Actions associated with modification of existing single-family residences.
(c) The Avigation Easement shall:
(1) Provide the right of flight in the airspace above the property; (2) Allow the generation of noise and other impacts associated with aircraft overflight;
(3) Restrict the height of structures, trees, and other objects in accordance with the policies in Section 3.5 and the Airspace Protection Map provided in Chapter 4, Exhibit 4-3 for Angwin Airport – Parrett Field and Chapter 5, Exhibit 5-3 for Napa County Airport;
1038
COUNTYWIDE COMPATIBILITY POLICIES CHAPTER 3
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-29 (4) Permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; and
(5) Prohibit electrical interference, glare, and other potential hazards to flight from being created on the property.
(d) An example of an Avigation Easement is provided in Appendix E. The ALUC recognizes that the language included in this example may require modification to address site-specific conditions.
3.7.2 Infill: Where land uses not in conformance with the criteria set forth in this ALUCP exist at the time of the plan’s effective date, an Infill Project (see Policy 2.1.23) of similar land uses may be allowed to occur in that area even if the proposed land use is otherwise incompatible with respect to the compatibility criteria for that location. (a) To qualify as Infill development, a Project site must either:
(1) Be part of a cohesive area, defined by the Local Agency and approved by the ALUC, within which at least 65% of the uses were developed prior to the ALUCP's effective date with uses not in conformance with the plan; or (2) Meet all of the following conditions:
▪ Already be served with streets, water, sewer, and other infrastructure; ▪ Have at least 65% of the site’s perimeter bounded (disregarding roads) by existing uses similar to, or more intensive than, those proposed; ▪ Be no larger than 20 acres;
▪ Not extend the perimeter of the Infill area defined by the surrounding, already developed, incompatible uses; and
▪ Must be consistent with the Local Agency’s zoning regulations governing the existing, already developed, surrounding area.
(b) In locations that qualify as Infill under Paragraph (a) above:
(1) For Infill residential Projects in Compatibility Zones C, D1, and D2, the average development Density (dwelling units per acre) of the site shall not exceed the median Density represented by all existing residential lots that lie fully or partially within a distance of 300 feet from the boundary of the defined Infill area or site.
(2) For Infill nonresidential Projects in Compatibility Zones B2, B3, C, D1, and D2, the average usage Intensity (the number of people per acre) of the site’s proposed use shall not exceed the lesser of:
▪ The median Intensity of all existing
nonresidential uses that lie fully or partially
within a distance of 300 feet from the
boundary of the defined Infill area; or
▪ Double the average sitewide Intensity
permitted in accordance with the criteria
for that location as indicated in Exhibit
4-1 and Exhibit 5-1.
Example: If the zone allows an
average sitewide Intensity of 100
people per acre and the median
average of nearby existing uses
is 150 people per acre, the Infill
development would be limited to
150 people per acre rather than
200 (double the average sitewide
Intensity limit).
1039
CHAPTER 3 COUNTYWIDE COMPATIBILITY POLICIES
3-30 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (c) The single-acre Intensity limits for nonresidential Projects listed in Exhibit 4-1 and Exhibit 5-1 are applicable to Infill Projects. Also, the sound attenuation and Avigation Easement dedication requirements set by Policies 3.3.2 and 3.7.1 shall apply to Infill Projects.
(d) The preference of this policy is that all parcels eligible for Infill should be identified at one time by the Local Agency.
(1) The Local Agency is responsible for identifying, in its general plan or other adopted planning document approved by the ALUC, the qualifying locations that lie within that Agency’s boundaries. This action may take place in conjunction with the process of amending a general plan for consistency with the ALUCP or may be submitted by the Local Agency for consideration by the ALUC at the time of initial adoption of this ALUCP.
(2) If a map identifying locations suitable for Infill has not been submitted by the Local Agency and approved by the ALUC or the site of an individual Project proposal does not fall within the identified Infill area, the ALUC may evaluate the Project when referred for review under Policy 2.5.1 to determine whether it would meet the qualifying conditions listed in Paragraph (a) plus the applicable provisions in Paragraphs (b) and (c) of this policy. (3) In either case, the burden for demonstrating that an area or an individual site qualifies as Infill rests with the affected Local Agency and/or Project proponent and is not the responsibility of the ALUC.
3.7.3 Existing Nonconforming Uses: Proposed changes to Existing Nonconforming Uses (including a parcel or building) that are not in conformance with the criteria in this ALUCP shall be limited as follows:
(a) Residential uses.
(1) A Nonconforming residential land use may be continued, sold, leased, or rented without restriction and is not subject to this ALUCP or ALUC review. (2) A Nonconforming residential dwelling may be maintained, remodeled, reconstructed (see Policy 3.7.4), or expanded in size. Additional dwelling units may not be added unless allowed by Policy 2.7.4 (Development by Right).
However:
▪ Any increase in height must comply with the policies in Section 3.5 (Airspace Protection Compatibility Policies).
▪ A single-family residential parcel may not be divided for the purpose of allowing additional dwellings to be constructed.
(3) The sound attenuation and Avigation Easement dedication requirements set by Policies 3.3.2 and 3.7.1 shall apply.
(b) Nonresidential uses (other than children’s schools):
(1) A Nonconforming nonresidential use may be continued, sold, leased, or rented without restriction or ALUC review provided that no discretionary Local Agency approval (such as a conditional use permit) is required. 1040
COUNTYWIDE COMPATIBILITY POLICIES CHAPTER 3
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-31 (2) Nonconforming nonresidential facilities may be maintained, altered, or, if required by state law, reconstructed (see Policy 3.7.4). However, any such work:
▪ Must not result in expansion of either the portion of the site devoted to the Nonconforming Use or the floor area of the buildings; and ▪ Must not result in an increase in the usage Intensity (people per acre) above the levels existing at the time of adoption of this ALUCP. ▪ Must not increase the storage or use of hazardous materials unless remaining within the limits set under Policy 3.4.9(b).
(3) The sound attenuation and Avigation Easement dedication requirements set by Policies 3.3.2 and 3.7.1 shall apply.
(c) Children’s schools (including grades K-12, day care centers with more than 14 children, and school libraries):
(1) Land acquisition for new schools or expansion of existing school sites is not permitted in Compatibility Zones A, B, C or D1 for Angwin Airport – Parrett Field and Compatibility Zones A, B1, B2, B3, C, or D1 for Napa County Airport. (2) Existing school facilities may be maintained, repaired, remodeled, or, reconstructed (see Policy 3.7.4).
(3) A one-time expansion of existing school facilities accommodating no more than 50 students is allowed in Compatibility Zone D1 for each Airport. (4) The sound attenuation and Avigation Easement dedication requirements set by Policies 3.3.2 and 3.7.1 shall apply.
3.7.4 Reconstruction: An Existing Nonconforming development that has been fully or partially destroyed as the result of a calamity or natural catastrophe, and would not otherwise be reconstructed but for such event, may be rebuilt only under the following conditions: 76 (a) Single-family or multi-family residential Nonconforming Uses may be rebuilt provided that the Reconstruction does not result in more dwelling units than existed on the parcel at the time of the damage. Addition of an accessory dwelling unit and/or junior accessory dwelling unit to a single-family residence is permitted if in accordance with Policy 2.7.4 (Development by Right).
(b) A nonresidential Nonconforming Use may be rebuilt provided that the Reconstruction does not increase the floor area of the previous structure or result in an increased usage Intensity (people per acre).
(c) Reconstruction under Paragraphs (a) or (b) above:
(1) Must have a permit deemed complete by the Local Agency within the time frame established by that Agency.
(2) Shall incorporate sound attenuation features to the extent required by Policy
3.3.2. (3) Shall require dedication of an Avigation Easement to the Local Agency owning the Airport if required under Policy 3.7.1.
76 Reconstruction differs from Redevelopment (see Policy 2.1.36 for definition) that is subject to the provisions of this ALUCP. 1041
CHAPTER 3 COUNTYWIDE COMPATIBILITY POLICIES
3-32 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (4) Shall record an Overflight Notification in the chain of title of the property if required by Policy 3.6.1.
(5) Shall comply with CFR Part 77 requirements (see Section 3.5). (d) Reconstruction in accordance with Paragraphs (a), (b), and (c) above shall not be permitted in Compatibility Zone A or where it would be in conflict (not in conformance) with the general plan or zoning ordinance of the Local Agency. (e) Nothing in the above policies is intended to preclude work required for normal maintenance and repair.
3.8 REVIEW CRITERIA FOR AIRPORT PLANS OF EXISTING AIRPORTS
3.8.1 Substance of Review: In accordance with state law, any new or amended airport master plan or expansion Project for the Airports addressed in this ALUCP is subject to ALUC review for consistency with the ALUCP (see Policy 2.4.1(b)). In conducting any such review, the ALUC shall evaluate whether the Airport plan would result in greater noise, safety, airspace protection, or overflight impacts than indicated in this ALUCP. Attention should specifically focus on:
(a) Proposals for facilities or procedures not assumed herein; specifically:
(1) Construction of a new runway or helicopter takeoff and landing area. (2) Change in the length, width, or landing threshold location of an existing runway.
(3) Establishment of an instrument approach procedure that changes the approach capabilities at a particular runway end.
(4) Modification of the flight tracks associated with existing visual or instrument operations procedures.
(b) Proposed changes in the role or character of use of the Airport. (c) New activity forecasts that are: (1) significantly higher than those used in developing the respective Airport noise contours presented in Chapters 6 and 7; or (2) assume a higher proportion of larger or noisier aircraft.
3.8.2 Noise Impacts of Airport Expansion: Any proposed expansion of Airport facilities that would result in a significant increase in cumulative noise exposure (measured in terms of CNEL) shall include measures to reduce the exposure to a less-than-significant level. For the purposes of this ALUCP, a noise increase shall be considered significant by the ALUC if:
(a) In locations having an existing ambient noise level of CNEL 60 dB or less, the Project would increase the noise level by 3.0 dB or more. (b) In locations having an existing ambient noise level of more than CNEL 60 dB, the Project would increase the noise level by 1.5 dB or more.
3.8.3 Consistency Determination: The ALUC shall determine whether the proposed Airport plan or expansion Project is consistent with this ALUCP. The ALUC shall base its determination of consistency on:
1042
COUNTYWIDE COMPATIBILITY POLICIES CHAPTER 3
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 3-33 (a) Findings that the proposed development and forecasts identified in the Airport plan or Project would not result in greater noise, safety, airspace protection, or overflight impacts on surrounding land uses than are assumed in this ALUCP. (b) Consideration of:
(1) Mitigation measures incorporated into the plan or Project to reduce any increases in the noise, safety, airspace protection, and overflight impacts to a less-than-significant level in accordance with provisions of the California Environmental Quality Act (CEQA); or
(2) In instances where the impacts cannot be reduced to a less-than-significant level, a statement of overriding considerations approved by the Airport owner in accordance with provisions of CEQA.
(c) A determination that any nonaviation development proposed for locations within the airport boundary (excluding federal, tribal or state-owned property) will be consistent with the compatibility criteria and policies indicated in this ALUCP with respect to that Airport (see Policy 2.1.12 for definition of aviation-related use).
3.9 REVIEW CRITERIA FOR PROPOSED NEW AIRPORTS, HELIPORTS,
AND VERTIPORTS
3.9.1 Substance of Review: In reviewing proposals for new airports, heliports, and vertiports, the ALUC shall focus on the noise, safety, airspace protection, and overflight impacts upon surrounding land uses.
(a) Other types of environmental impacts (e.g., air quality, water quality, natural habitats, vehicle traffic, etc.) are not within the scope of ALUC review. (b) The ALUC shall evaluate the adequacy of the proposed facility design (in terms of federal and state standards) only to the extent that the design affects surrounding land use.
(c) The ALUC must base its review on the proposed airfield design. The ALUC does not have the authority to require alterations to the airfield design.
3.9.2 Airport/Land Use Relationship: The review shall examine the relationships between existing and planned land uses in the vicinity of the proposed airport, heliport, or vertiport and the impacts that the proposed facility would have upon these land uses. Questions to be considered should include:
(a) Would the existing or planned land uses be considered incompatible with the airport, heliport, or vertiport if the latter were already in existence? (b) What measures are included in the airport, heliport, or vertiport proposal to mitigate the noise, safety, airspace protection, and overflight impacts on surrounding land uses? Such measures might include:
(1) The location of flight tracks so as to minimize the impacts; (2) Other operational procedures to minimize impacts;
(3) Installation of noise barriers or structural noise insulation; or (4) Acquisition of property interests (fee title or easements) on the impacted land. 1043
CHAPTER 3 COUNTYWIDE COMPATIBILITY POLICIES
3-34 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 4-1 Chapter 4Angwin Airport – Parrett Field
Compatibility Policies and Maps
ANGWIN AIR PORT – PARR ETT FIELD C OMPATIBILITY POLICIES AND M APS
4.1 EVALUATING LAND USE CONSISTENCY
4.1.1 Evaluating Compatibility of New Development: The compatibility of proposed land uses within the Angwin Airport – Parrett Field Airport Influence Area shall be evaluated in accordance with:
(a) The specific noise, safety, airspace protection, overflight, and other compatibility policies set forth in Chapter 3;
(b) The criteria listed in Exhibit 4-1, Basic Compatibility Criteria; and (c) The Compatibility Zones depicted on the Compatibility Policy Map (Exhibit 4-2) in this chapter.
4.1.2 Compatibility Policy Table: Exhibit 4-1, Basic Compatibility Criteria, lists general land use categories and indicates each use as being “normally compatible,” “conditional,” or “incompatible” depending upon the compatibility zone in which it is located. See Policy
3.2.2(a) for the meaning of these terms.
4.1.3 Compatibility Policy Map: The Compatibility Zones for Angwin Airport – Parrett Field are presented in Exhibit 4-2, which is to be used in conjunction with the criteria set forth in Exhibit 4-1, Basic Compatibility Criteria, and the additional policies listed in Section 4.3 of this Chapter.
4.1.4 Airspace Protection Surfaces Map: The Airspace Protection Surfaces Map for Angwin Airport – Parrett Field is presented in Exhibit 4-3 and is to be used in conjunction with the airspace protection policies set forth in Section 3.5 of Chapter 3.
4.2 MAP DETERMINANTS
4.2.1 Airport Runway Configuration Assumptions: Exhibit 4-2 and Exhibit 4-3 are based upon the Angwin Airport – Parrett Field Airport Layout Plan (ALP) dated November 2009. 1045
CHAPTER 4 ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS 4-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Although never adopted by either the County of Napa or Pacific Union College nor submitted to the Federal Aviation Administration (FAA) for approval, Pacific Union College stated that the 2009 ALP reflects both the airport’s existing and potential future buildout over the next 20 years. 77 As described in Chapter 7, the runway configuration includes proposed extensions at both the north (Runway 16) and south (Runway 34) ends of the runway.
4.2.2 Compatibility Policy Map Boundary Determinants: The Compatibility Zone boundaries for Angwin Airport – Parrett Field represent a composite of four compatibility factors:
noise, safety, airspace protection, and overflight concerns. The Airport’s runway length, approach categories, normal flight patterns, and aircraft fleet mix influence the shape and size of the Compatibility Zones.
78 The magnitude of the Airport impacts occurring
within each Compatibility Zone are described in the Compatibility Zone Delineation Table for Angwin Airport – Parrett Field presented in Exhibit 4-4. (a) Airport Influence Area encompasses all of the above zones. The outer boundary coincides with the outer edge of the CFR Part 77 conical surface boundary. (b) Specific factors considered for all Compatibility Zones include:
(1) The Airport has a short runway of less than 4,000 feet and is used primarily by aircraft based at the Airport;
(2) The Airport is situated on top of a mountain at an elevation of 1,875 feet MSL. The community west of the Airport lies approximately 200 feet below the Airport elevation; and
(3) The Town of Angwin is located to the west and midfield of the Airport and is primarily developed allowing only infill.
4.2.3 Airspace Protection Policy Map Boundary Determinants: Exhibit 4-3 illustrates the Angwin Airport – Parrett Field airspace protection surfaces as defined by CFR Part 77.
Encompassed within this area is the Wildlife Hazard Critical Area defined by the FAA where wildlife attractants are a concern.
4.3 SPECIAL CONDITIONS POLICIES
4.3.1 Applicability: In accordance with Policy 3.4.2(g) of Chapter 3, the Napa County ALUC acknowledges special conditions regarding particular land uses in the Angwin Airport – Parrett Field Airport Influence Area. These special conditions warrant establishment of compatibility criteria different in character from the criteria applicable to other portions of the Compatibility Zones. These special policies are not to be generalized or considered as precedent applicable to other locations near the Angwin Airport – Parrett Field or to the environs of other airports addressed by this ALUCP.
4.3.2 Pacific Union College (PUC or College): The criteria set forth in Chapter 3 and Exhibit 4-1 notwithstanding, the criteria in this policy shall apply within the portion of the Angwin Airport – Parrett Field Influence Area under the ownership of the Pacific Union College. 77 Hirdler, Joy L., Pacific Union College, Letter to Napa County ALUC. November 10, 2023. 78 Chapter 6 summarizes the aeronautical data influencing the geographic extents of the four compatibility factors for Angwin Airport – Parrett Field.
1046
ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS CHAPTER 4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 4-3 (a) Site-specific factors which support this policy exception include:
(1) PUC owns Angwin Airport – Parrett Field and has control over its development and operation.
(2) The airport and the campus have co-existed for many years. (3) Future development of the campus is governed by a Master Land Use Plan developed by PUC in 1975.
(4) A significant part of the area where development would be restricted in accordance with the Chapter 3 and Exhibit 4-1 criteria contains existing development. Additional development in parts of this area can be considered as infill development in accordance with Policy 3.7.2.
(b) As shown on Exhibit 4-2, four subzones are provided:
(1) PUC 1: Dormitory Subzone—This area is located approximately 1,800 feet southwest of the existing approach end of Runway 34 and within Compatibility Zones B and C. The PUC Master Land Use Plan identifies four proposed dormitories and a dining facility adjacent to two existing dormitories in this area.
Future development in this subzone shall be limited as follows:
▪ No new dining facilities or other development shall be permitted in the Compatibility Zone B portion of this subzone unless the proposed use meets the basic criteria for this zone as indicated in Exhibit 4-1. ▪ Within Compatibility Zones B and C, long-term housing, such as dormitories, shall be considered compatible provided that buildings are located no closer to the extended runway centerline than the two existing dormitories and have no more than two aboveground habitable floors.
▪ Within Compatibility Zone C, new dining facilities shall be considered conditionally compatible, provided that the building occupancy does not exceed the basic Zone C limit of 120 people in a 1-acre area (since the building footprint would presumably be under 1.0 acre, this criterion limits the total building capacity to 120 people).
▪ Within Compatibility Zone D1, dormitories, dining facilities, and other uses are compatible provided that they do not exceed the maximum single-acre intensity limit of 600 people.
(2) PUC 2: Housing Subzone—This subzone is situated immediately north of the Dormitory Subzone and contains portions of Compatibility Zones A, B, and C.
Included within it are existing single-family housing and a mobile home park for faculty, staff, and students. These uses are inconsistent with the Exhibit 4-1 criteria. However, in accordance with Policy 3.7.4, Nonconforming Uses may be rebuilt provided that the Reconstruction does not result in more dwelling units than existed on the parcel at the time of the damage. New residential dwellings are considered compatible within Compatibility Zones B and C, but not Zone A. Furthermore, the remaining vacant sites within this subzone meet the infill requirements of 3.7.2. Therefore, construction of uses similar in character and density shall be considered compatible within Compatibility Zones B and C provided the buildings are not located closer to the extended runway centerline than the existing housing. No new residential structures shall be allowed within Compatibility Zone A.
1047
CHAPTER 4 ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS 4-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (3) PUC 3: Co-Generation Plant Subzone—This subzone contains the existing cogeneration power plant for electricity, heating, and cooling for the PUC campus.
A portion of the facility lies within Compatibility Zone C on the western side of the Airport and north of the PUC Housing Zone. New or expanded development of the facility within Compatibility Zone C shall be allowed only if an alternative site outside of zone would not serve the intended function. If sited in Compatibility Zone C, any new structures must be located the maximum feasible distance away from the runway centerline.
(4) Remainder of PUC Property—The primary land use compatibility concerns for the PUC lands east of Angwin Airport – Parrett Field are potential obstructions and wildlife attractants. All new or expanded development, including the existing effluent reservoir, shall comply with the compatibility criteria set forth in Exhibit 4-1.
1048
ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS CHAPTER 4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 4-5 EXHIBIT 4-1: BASIC COMPATIBILITY CRITERIA, ANGWIN AIRPORT – PARRETT FIELD Intensity/Density Criteria 1 Compatibility Zones Additional Criteria A B C D1 D2 E
Max. Sitewide Average Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 0
50 100
60 120
150
600
150
600
No
limit
All nonresidential development shall satisfy both sitewide and single-acre intensity limits
Max. Sitewide Average Density (dwelling units/acre) Residential Prohibited 2 20 No limit
See Policy 3.4.1 for residential development density criteria; single-acre density limits do not apply
Easement / Notification Requirement 3 Avigation Easement RON APD Land Use Category Legend
(see last page of table for interpretation)
Additional Criteria
Multiple land use categories may apply to a project
Land uses not specifically listed shall be evaluated
using the criteria for similar uses
Typical occupancy Load Factor [approx. # s.f./person] indicated for certain uses 4
Normally
Compatible
Conditional Incompatible
Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone
Numbers in yellow cells are Floor Area Ratios (FARs) based on typical occupancy load factor indicated for that use and average intensity limit indicated for zone
General Characteristics
Any use having more than 1 habitable floor 5 B, C: Limited to no more than 2 habitable floors Any use having structures (including poles or
antennas) or trees 35 to 150 feet in height
B, C: Ensure airspace obstruction does not occur
B, C: Airspace review required for objects >35 feet
D1, D2: Airspace review required for objects >70 feet
Any use having structures (including poles, antennas,
or cranes) or trees more than 150 feet in height
D1, D2, E: Ensure airspace obstruction does not occur; airspace review required for objects >150 feet
Any use having the potential to cause an increase in
the attraction of birds or other wildlife
D1, D2, E: Avoid use or provide mitigation consistent with FAA rules and regulations 6
Any use creating visual or electronic hazards to flight 7 Outdoor Uses (no or limited indoor activities)
Constructed/Enhanced Land/Water Features: woods,
brush lands, wetlands, reservoirs, detention/retention
ponds
C, D1, D2, E: Avoid new features that attract birds or provide mitigation consistent with FAA regulations 6
Agriculture (except residences and confined
livestock): field crops, orchards/tree farms, vineyards, open pasture, or range land
A: Objects above runway elevation not allowed in OFA 8
All: Avoid new features that attract birds or provide mitigation consistent with FAA regulations 6; exercise caution with uses involving noisesensitive animals Confined Livestock Uses: feed lots, stockyards,
breeding, fish hatcheries, horse/riding stables, poultry and dairy farms
B, C, D1, D2, E: Avoid new features that attract birds or provide mitigation consistent with FAA regulations 6; exercise caution with uses involving noise-sensitive animals
Outdoor Major Assembly Facilities (capacity ≥1,000
people): spectator-oriented outdoor stadiums,
amphitheaters, fairgrounds, racetracks, water parks,
zoos
E: Allowed only if alternative site outside zone would not serve intended function; exercise caution if clear audibility by users is essential Outdoor Large Assembly Facilities (capacity 300 to
999 people): spectator-oriented outdoor stadiums,
amphitheaters
D2: Allowed only if alternative site outside zone would not serve intended function; exercise caution if clear audibility by users is essential Outdoor Group Recreation (limited spectator stands):
athletic fields, water recreation facilities (community pools), picnic areas
D1: Ensure intensity criteria met; not allowed if intended primarily for use by children; exercise caution if clear audibility by users is essential Outdoor Non-Group Recreation (small/low-intensity):
golf courses (except clubhouse), tennis courts,
shooting ranges
B, C: Ensure intensity criteria met; not allowed if intended primarily for use by children; exercise caution if clear audibility by users is essential Local Parks: neighborhood parks, playgrounds B, C: Must have little or no permanent recreational facilities (ball fields, etc.); exercise caution if clear audibility by users is essential Camping: campgrounds, recreational vehicle/ motor
home parks
D1: Ensure intensity criteria met; avoid if disruption by aircraft noise is unacceptable
Cemeteries (except chapels) B, C: Ensure intensity criteria met; avoid if disruption by aircraft noise is unacceptable
Residential and Lodging Uses
Single-Family Residential 2: individual dwellings,
townhouses, mobile homes, bed and breakfast inns
Multi-Family Residential 2: townhouses, apartments
condominiums
D2: 20 dwelling units per acre maximum
Long-Term Lodging (>30 nights): extended-stay
hotels, dormitories
Short-Term Lodging (≤30 nights, except conference/assembly facilities): hotels, motels, other transient lodging
[approx. 200 s.f./person]
0.69 D1: Ensure intensity criteria met
Short-Term Group Lodging: hostels, emergency/
homeless shelters, farmworker housing
[approx. 100 s.f./person]
0.34 D1: Ensure intensity criteria met
Congregate Care: retirement homes, assisted
living/residential care facilities, intermediate care
facilities 9
Educational and Institutional Uses
Family day care homes (≤14 children) 10 B, C: CNEL 45 dB max. interior noise level Children’s Schools: K-12, day care centers (>14
children), libraries 9
Adult Education classroom space: adult schools,
colleges, universities
[approx. 40 s.f./person]
0.06 0.14
D1: Ensure intensity criteria met
Indoor Major Assembly Facilities (capacity ≥1,000
people): auditoriums, conference centers, resorts,
concert halls, indoor arenas
E: Allowed only if alternative site outside zone would not serve intended function; exercise caution if clear audibility by users is essential 1049
CHAPTER 4 ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS 4-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Intensity/Density Criteria 1 Compatibility Zones Additional Criteria A B C D1 D2 E
Max. Sitewide Average Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 0
50 100
60 120
150
600
150
600
No
limit
All nonresidential development shall satisfy both sitewide and single-acre intensity limits
Max. Sitewide Average Density (dwelling units/acre) Residential Prohibited 2 20 No limit
See Policy 3.4.1 for residential development density criteria; single-acre density limits do not apply
Easement / Notification Requirement 3 Avigation Easement RON APD Land Use Category Legend
(see last page of table for interpretation)
Additional Criteria
Multiple land use categories may apply to a project
Land uses not specifically listed shall be evaluated
using the criteria for similar uses
Typical occupancy Load Factor [approx. # s.f./person] indicated for certain uses 4
Normally
Compatible
Conditional Incompatible
Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone
Numbers in yellow cells are Floor Area Ratios (FARs) based on typical occupancy load factor indicated for that use and average intensity limit indicated for zone
Indoor Large Assembly Facilities (capacity 300 to 999
people): movie theaters, places of worship, cemetery
chapels, mortuaries
[approx. 15 s.f./person]
0.05 0.05 D1, D2: Ensure intensity criteria met
Indoor Small Assembly Facilities (capacity <300
people): community libraries; art galleries; museums;
exhibition space, community/senior centers,
emergency/ homeless shelters 9
[approx. 100 s.f./person]
0.34 D1: Ensure intensity criteria met; not allowed if intended primarily for use by children; avoid outdoor spaces intended for noise-sensitive activities
Indoor Recreation: gymnasiums, club houses, athletic
clubs, dance studios, sports complexes (indoor
soccer), health clubs, spas
[approx. 60 s.f./person]
0.08 0.21
D1: Ensure intensity criteria met; not allowed if intended primarily for use by children
In-Patient Medical: hospitals, mental hospitals,
nursing homes 9
Out-Patient Medical: health care centers, clinics
[approx. 240 s.f./person] 0.33 0.83 C, D1: Ensure intensity criteria met C: CNEL 45 dB max. interior noise level Penal Institutions: prisons, reformatories 9 D2: Ensure intensity criteria met Public Safety Facilities: police, fire stations C: Allowed only if airport serving D1: Allowed only if site outside zone would not serve intended function; ensure intensity criteria met
Commercial, Office, and Service Uses
Major Retail (capacity >300 people per building):
regional shopping centers, ‘big box’ retail,
supermarket
[approx. 110 s.f./person]
0.38 0.38
D1, D2: Ensure intensity criteria met
Local Retail (≤300 people per building):
community/neighborhood shopping centers, grocery
stores
[approx. 170 s.f./person]
0.23 0.59 0.59
C, D1, D2: Ensure intensity criteria met
Eating/Drinking Establishments: restaurants, bars,
fast-food dining
[approx. 60 s.f./person]
0.07 0.08 0.21 0.21
D1, D2: Ensure intensity criteria met
Limited Retail/Wholesale: furniture, automobiles,
heavy equipment, building materials, hardware,
lumber yards, nurseries
[approx. 250 s.f./person]
0.29 0.34 0.86 0.86
B, C, D1, D2: Ensure intensity criteria met
B: Locate structure max. distance from extended runway centerline where feasible
Offices: professional services, doctors, finance,
banks, civic; radio, television and recording studios,
office space associated with other listed uses
[approx. 215 s.f./person]
0.25 0.30 0.74 0.74
B, C, D1, D2: Ensure intensity criteria met
B: Locate structure max. distance from extended runway centerline where feasible
Personal and Miscellaneous Services: barbers, car
washes, print shops
[approx. 200 s.f./person]
0.23 0.28 0.69 0.69
B, C, D1, D2: Ensure intensity criteria met
Fueling Facilities: gas stations, trucking and other
transportation fueling facilities 11
B, C, D1: Ensure intensity criteria met
B, C: Locate structure max. distance from extended runway centerline where feasible; store nonaviation fuel underground or in above-ground storage tanks with combined max. capacity of 6,000 gallons Industrial, Manufacturing, and Storage Uses
Hazardous Materials Production and Storage
(flammable, explosive, corrosive, or toxic): oil
refineries, chemical plants 11
E: Allowed only if alternative site outside zone would not serve intended function; generation of steam or thermal plumes not allowed Heavy Industrial 11 E: Bulk storage of hazardous materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft; generation of steam or thermal plumes not allowed
Light Industrial, High Intensity: food products
preparation, electronic equipment, bottling plant 10
[approx. 200 s.f./person] 0.28 0.69 0.69
C, D1, D2: Ensure intensity criteria are met; bulk storage of hazardous (flammable, explosive, corrosive, or toxic) materials allowed only for onsite use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft
Light Industrial, Low Intensity: machine shops, wood
products, auto repair, cooperages, wineries (with
limited tastings and events), low-intensity bottling
facilities 11
[approx. 350 s.f./person]
0.40 0.48 1.21 1.21
B, C, D1, D2: Ensure intensity criteria are met; bulk storage of hazardous (flammable, explosive, corrosive, or toxic) materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft Research and Development Laboratories 11
[approx. 300 s.f./person] 0.34 0.41 1.03 1.03
B, C, D1, D2: Ensure intensity criteria are met; bulk storage of hazardous (flammable, explosive, corrosive, or toxic) materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft 1050
ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS CHAPTER 4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 4-7 Intensity/Density Criteria 1 Compatibility Zones Additional Criteria A B C D1 D2 E
Max. Sitewide Average Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 0
50 100
60 120
150
600
150
600
No
limit
All nonresidential development shall satisfy both sitewide and single-acre intensity limits
Max. Sitewide Average Density (dwelling units/acre) Residential Prohibited 2 20 No limit
See Policy 3.4.1 for residential development density criteria; single-acre density limits do not apply
Easement / Notification Requirement 3 Avigation Easement RON APD Land Use Category Legend
(see last page of table for interpretation)
Additional Criteria
Multiple land use categories may apply to a project
Land uses not specifically listed shall be evaluated
using the criteria for similar uses
Typical occupancy Load Factor [approx. # s.f./person] indicated for certain uses 4
Normally
Compatible
Conditional Incompatible
Conditions listed below apply to uses listed as “Conditional” (yellow) for a particular zone
Numbers in yellow cells are Floor Area Ratios (FARs) based on typical occupancy load factor indicated for that use and average intensity limit indicated for zone
Indoor Storage: wholesale sales, distribution centers,
warehouses, winery warehousing, mini/other indoor
storage, barns, greenhouses 11
[approx. 1,000 s.f./person]
1.15 1.58
B, C: Ensure intensity criteria are met; ensure airspace obstruction does not occur
Outdoor Storage: public works yards, automobile
dismantling
B: Ensure intensity criteria are met; ensure airspace obstruction does not occur
Mining and Extraction B, C, D1, D2: Generation of dust clouds, smoke, steam plumes not allowed; ensure airspace obstruction does not occur
Transportation, Communication, and Utilities
Airport Terminals: airline, general aviation
Transportation Stations: rail/bus stations; taxi,
trucking and other transportation terminals
B, C, D1: Ensure intensity criteria met; ensure airspace obstruction does not occur
Transportation Routes: road and rail transit lines,
rights-of-way, bus stops
B: Avoid road intersections if traffic congestion occurs; ensure airspace obstruction does not occur
Auto Parking: surface lots, structures B: Ensure airspace obstruction does not occur Communications Facilities: broadcast and cell
towers, emergency communications
D1: Allowed only if site outside zone would not serve intended public function; locate structures max. distance from extended runway centerline; ensure all facilities and associated power lines meet airspace protection criteria (height, thermal plumes, glare, etc.) Power Plants: primary, peaking, renewable energy,
bio-energy
D1: Peaking and renewable energy plants allowed if structures located max. distance from extended runway centerline
D2, E: Primary plants allowed only if site outside zone would not serve intended public function; locate structures max. distance from extended runway centerline
All: Ensure all facilities and associated power lines meet airspace protection criteria (height, thermal plumes, glare, etc.) Electrical Substations D1, D2: Locate structure max. distance from extended runway centerline; ensure all facilities and associated power lines meet airspace protection criteria (height, thermal plumes, glare, etc.) Wastewater Facilities: treatment, disposal D1, D2: Allowed only if site outside zone would not serve intended public function; avoid new features that attract birds or provide mitigation consistent with FAA regulations 6
Solid Waste Disposal Facilities: landfill, incineration E: Allowed only if site outside zone would not serve intended public function; avoid new features that attract birds or provide mitigation consistent with FAA regulations 6
Solid Waste Transfer Facilities, Recycle Centers E: Allowed only if site outside zone would not serve intended public function; avoid new features that attract birds or provide mitigation consistent with FAA regulations 6
Notes
Indicates a land use that is or may be highly noise sensitive. Exercise caution with regard to approval of outdoor uses—evaluate potential for aircraft noise to disrupt the activity. Indoor uses may require addition of sound attenuation to structure. See Section 3.1 for criteria. Indicates land use that may attract birds, generate dust, produce smoke or steam plumes, create electronic interference, or otherwise pose hazards to flight. See Section
3.5 for criteria.
1 Intensity criteria apply to all nonresidential uses including ones shown as “Normally Compatible” (green) and “Conditional” (yellow). Usage intensity calculations shall include all people (e.g., employees, customers/visitors) who may be on the property at any single point in time, whether indoors or outdoors. Exceptions can be made for rare special events (e.g., an air show at the airport, street fair) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate (see Policy 3.2.5). The usage intensities shall be calculated in accordance with the methodologies cited in Section 3.4. 2 See Policy 2.7.4, Development by Right, for exceptions to residential restrictions. 3 Airport Proximity Disclosure (APD) required within entire Airport Influence Area (AIA) which includes Compatibility Zones A through E. Avigation Easement Dedication also required within Compatibility Zones A through D1 (see Policy 3.7.1) and a Recorded Overflight Notification (RON) is required within Compatibility Zone D2 (see Policy 3.6.1).
4 Occupancy Load Factors [approx. number of square feet per person] cited for many listed land use categories are based on information from various sources and are intended to represent “typical busy-period” usage (or “peak” usage) for typical examples of the land use category. These Occupancy Load Factors differ from those provided in the California Building Code (CBC), as the CBC considers the absolute maximum number of people that can be safely accommodated in a building. See Policy 3.4.3.
5 The intent of this criterion is to facilitate evacuation of a building if it were to be hit by an aircraft. It is separate from the height limits set for airspace protection purposes. 6 No proposed use shall be allowed that would create an increased attraction for wildlife and that is inconsistent with FAA rules and regulations including, but not limited to, FAA Advisory Circular 150/5200-33C, Hazardous Wildlife Attractants On or Near Airports and Advisory Circular 150/5200-34A, Construction or Establishment of Landfills near Public Airports. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds which pose bird strike hazards to aircraft in flight. See Policy 3.5.3.
7 Specific characteristics to be avoided include: sources of glare (such as from mirrored or other highly reflective structures or building features) or bright lights (including search lights and laser light displays); distracting lights that could be mistaken for airport lights; sources of dust, steam, or smoke that may impair pilots’ vision; sources of steam or other emissions that cause thermal plumes or other forms of unstable air; and sources of electrical interference with aircraft communications or navigation. See Policy 3.5.4.
8 Object Free Area (OFA): Dimensions are established by FAA airport design standards for the runway. See Exhibit 4-2. 9 See Policy 3.4.9(a), Risk-Sensitive Land Uses, for criteria related to uses having vulnerable occupants. 10 Family day care home means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day. Small family day care homes provide care for eight or fewer children and large family day care homes provide care for 7 to 14 children (Health and Safety Code Section 1597.465).
11 See Policy 3.4.9(b), Risk-Sensitive Land Uses, for criteria related to uses that store hazardous materials. 1051
CHAPTER 4 ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS 4-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
1052
ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS CHAPTER 4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 4-9 EXHIBIT 4-2: COMPATIBILITY POLICY MAP, ANGWIN AIRPORT – PARRETT FIELD Mead & Hunt, Inc. 2024
1053
CHAPTER 4 ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS 4-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT 4-3: AIRSPACE PROTECTION MAP, ANGWIN AIRPORT – PARRETT FIELD Mead & Hunt, Inc. 2024
1054
ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS CHAPTER 4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 4-11 EXHIBIT 4-4: COMPATIBILITY ZONE DELINEATION FOR ANGWIN AIRPORT – PARRETT FIELD Zone Noise and Overflight Factors Safety and Airspace Protection Factors A
Runway
Protection
Zone
Noise Impact: Very High
• Mostly above CNEL 60 dB
Risk Level: Very High
• Defined by Handbook Safety Zone 1 as modified to
reflect existing and future Runway Protection Zones
(RPZs) and Object Free Areas (OFA) from 2009
Airport Layout Plan (ALP)
• Aircraft on very close final approach or departure;
nearly 20% of near-runway general aviation accidents
occur in this zone
• Aircraft at altitudes of less than 200 feet above
runway
• Stringent height restrictions apply to protect airspace B
Approach/
Departure/
Turning
Zone
Noise Impact: Moderate to High
• Typically above CNEL 55 dB
• Single-event noise sufficient to
disrupt a wide range of land use
activities including indoors if
windows open
Risk Level: Moderate to High
• Defined by Handbook Safety Zones 2, 3 and 4 for
existing and future runway configurations
• Inner Approach: Aircraft overflying at low altitudes on final approach and straight-out departures—typically
only 200 to 400 feet above the runway elevation
• Turning Zone: Reflects single-side traffic pattern east of runway to avoid overflight of Angwin community
west of airport. Aircraft—especially smaller, pistonpowered aircraft—turning base to final on landing approach or initiating turn to en-route direction on
departure; aircraft altitude typically less than 500 feet above runway, particularly on landing
• Outer Approach: Approaching aircraft usually at less
than traffic pattern altitude and mostly in line with
runway on approach or departure; aircraft altitude
typically less than 1,000 feet above runway
• Some 14% to 36% of near-runway general aviation
accidents occur in these zones
• Allowable heights may be restricted to protect
airspace
C
Sideline
Zone
Noise Impact: Moderate to High
• Mostly above CNEL 55 dB
• Single-event noise sufficient to
disrupt a wide range of land use
activities including indoors if
windows open
• Run-up noise may also be a
concern in some locations.
Risk Level: Low to Moderate
• Defined by Handbook Safety Zone 5 plus a portion of
Handbook Safety Zone 6 adjacent to the Inner
Sideline Zone (Handbook Safety Zone 5) to capture
areas with noise levels greater than CNEL 55 dB
• Area not normally overflown; primary risk is with
aircraft (especially twins) losing directional control on takeoff, excessive crossing gusts or engine torque
• About 3% to 5% of near-runway general aviation
accidents occur in this zone
• Allowable height restrictions may apply to protect
airspace
1055
CHAPTER 4 ANGWIN AIRPORT – PARRETT FIELD COMPATIBILITY POLICIES AND MAPS 4-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Zone Noise and Overflight Factors Safety and Airspace Protection Factors D1
Primary Traffic
Pattern
Zone
Noise Impact: Low
• Typically below CNEL 55 dB
• Aircraft typically at or below 1,000-
foot traffic pattern altitude
• Noise more of a concern with
respect to individual loud events
than with cumulative noise contours;
frequent individual noise events
sufficient to intrude upon indoor
activities
• Limited to east side due to aircraft
traffic pattern restrictions
Risk Level: Low
• Defined by Handbook Safety Zone 6
• Includes areas within the standard traffic pattern and pattern entry routes; aircraft altitude typically 850 to 1,200 feet above runway
• Risk is a factor for highly risk-sensitive uses (e.g., very high-intensity uses, children’s schools, hospitals, bulk storage of highly hazardous materials)
• Some 18% to 29% of near-runway general aviation
accidents occur here; but the large area
encompassed means a low likelihood of accident
occurrence in any given location
• Allowable heights could be restricted to protect
airspace; Airspace concern is generally with object
heights >100 feet above runway elevation
D2
Non-Primary
Traffic Pattern
Zone
Noise Impact: Low
• Typically below CNEL 55 dB
• Limited to west side and not
normally subject to aircraft overflight
due to aircraft traffic pattern
restrictions
• Noise more of a concern with
respect to individual loud events
than with cumulative noise contours;
frequent individual noise events
sufficient to intrude upon indoor
activities
Risk Level: Low
• Primary traffic pattern on east side of airport; low
activity expected on west side (approx. 2,000 annual
operations) which is comparable to “Low-Activity
General Aviation Runway” which omits Handbook
Safety Zone 6
• Westerly limit of Zone D2 follows Howell Mountain
Road; a landmark used by local pilots to avoid
overflight of the Town of Angwin
• Risk is a factor for highly risk-sensitive uses (e.g., very high-intensity uses, children’s schools, hospitals, bulk storage of highly hazardous materials)
• Safety is not a significant concern as area is outside of the Primary Traffic Pattern
• Allowable heights could be restricted to protect
airspace; Airspace concern is generally with object
heights >100 feet above runway elevation, however, a
portion of this zone is within the CFR Part 77
transitional surface and subject to height limits as low as 50 feet above the runway
E
Other
Airport
Environs
Noise Impact: Low
• Beyond the 55-CNEL contour
• Occasional overflights intrusive to
some outdoor activities
Risk Level: Low
• Contains outer portions of Handbook Safety Zone 6
• Includes remainder of area within the west side CFR
CFR Part 77 horizontal surface and the conical
surface which defines the Airport Influence Area
• Airspace concern is generally with object heights
>200 feet above runway elevation
Notes:
1. Handbook Safety Zone Source: California Airport Land Use Planning Handbook (2011). 1056
5 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 5-1 Chapter 5 Napa County Airport
Compatibility Policies and Maps
NAPA C OUNTY AIR POR T COM PATIBILITY POLICIES AND M APS
5.1 EVALUATING LAND USE CONSISTENCY
5.1.1 Evaluating Compatibility of New Development: The compatibility of proposed land uses within the Napa County Airport Influence Area shall be evaluated in accordance with:
(a) The specific noise, safety, airspace protection, overflight, and other compatibility policies set forth in Chapter 3;
(b) The criteria listed in Exhibit 5-1, Basic Compatibility Criteria; and (c) The Compatibility Zones depicted on the Compatibility Policy Map (Exhibit 5-2) in this chapter.
5.1.2 Compatibility Policy Table: Exhibit 5-1, Basic Compatibility Criteria, lists general land use categories and indicates each use as being “normally compatible,” “conditional,” or “incompatible” depending upon the compatibility zone in which it is located. See Policy
3.2.2(a) for the meaning of these terms.
5.1.3 Compatibility Policy Map: The Compatibility Zones for Napa County Airport are presented in Exhibit 5-2, which is to be used in conjunction with the criteria set forth in Exhibit 5-1, Basic Compatibility Criteria, and the additional policies listed in Section 5.3.
5.1.4 Airspace Protection Surfaces Map: The Airspace Protection Surfaces Map for Napa County Airport is presented in Exhibit 5-3 and is to be used in conjunction with the airspace protection policies set forth in Section 3.5 of Chapter 3.
5.2 MAP DETERMINANTS
5.2.1 Airport Runway Configuration Assumptions: Exhibit 5-2 and Exhibit 5-3 are based upon the Napa County Airport runway configuration indicated on the Airport Layout Plan (ALP) approved by Napa County in 2016, which was submitted by the county to the Federal Aviation Administration and approved by that agency in 2016. The runway configuration includes a proposed southward extension of Runway 1R as described in Chapter 7.
1057
CHAPTER 5 NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS 5-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
5.2.2 Compatibility Policy Map Boundary Determinants: The Compatibility Zone boundaries for Napa County Airport represent a composite of four compatibility factors: noise, safety, airspace protection, and overflight concerns. The Airport’s runway length, approach categories, normal flight patterns, and aircraft fleet mix influence the shape and size of the Compatibility Zones. 79 The magnitude of the Airport impacts occurring within each Compatibility Zone are described in the Compatibility Zone Delineation Table for Napa County Airport presented in Exhibit 5-4.
(a) Airport Influence Area encompasses all of the above zones. The outer boundary coincides with the outer edge of the CFR Part 77 conical surface boundary plus the extended 40:1 instrument approach surface boundary within the County of Napa limits.
5.2.3 Airspace Protection Policy Map Boundary Determinants: Exhibit 5-3 illustrates the Napa County Airport airspace protection surfaces as defined by CFR Part 77. Encompassed within this area is the Wildlife Hazard Critical Area defined by the FAA where wildlife attractants are a concern.
5.3 SPECIAL CONDITIONS POLICIES
5.3.1 Applicability: In accordance with Policy 3.2.4(g) of Chapter 3, the Napa County ALUC acknowledges special conditions regarding particular land uses in the Napa County Airport Influence Area. These special conditions warrant establishment of compatibility criteria different in character from the criteria applicable to other portions of the Compatibility Zones. These special policies are not to be generalized or considered as precedent applicable to other locations near the Napa County Airport or to the environs of other Airports addressed by this ALUCP.
5.3.2 Napa Pipe Mixed-use Master Planned Development. The City of Napa entered into a Development Agreement with Napa Redevelopment Partners, LLC (Landowner), on February 28, 2020, for the Napa Pipe mixed-use master planned development. This was the second amendment and first restatement of the Development Agreement. The original Development Agreement between Napa County and Landowner was dated January 13, 2015, and the First Amendment was dated September 22, 2015. With the annexation of the entire property to the City of Napa, the City succeeded all of the rights and obligations of the County under the Development Agreement, the County’s status as a party to the Development Agreement was extinguished, and the City and Landowner became the only parties thereto. On December 18, 2019, the ALUC determined that the proposed amendments were consistent with the 1999 Napa County Airport Land Use Compatibility Plan (1999 ALUCP).
(a) On the basis of the above status, discretionary entitlement has been approved and not yet expired. Thus, in accordance with Policy 2.7.3, the Development Agreement qualifies the Napa Pipe development as an Existing Land Use. Consequently, irrespective of policies and criteria set forth elsewhere in this ALUCP, future development within the Napa Pipe project site may proceed without further ALUC review provided that:
79 Chapter 7 summarizes the aeronautical data influencing the geographic extents of the four compatibility factors for Napa County Airport. 1058
NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS CHAPTER 5 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 5-3 (1) The development is consistent with 2020 Development Agreement, including subsequent amendments, so long as the amendments do not result in a change to existing approved heights or substantially increase the intensity of uses and the agreement has not expired.
(2) An avigation easement is granted to the County of Napa for all parts of the site within the Napa County Airport Influence Area. 80
(3) Development complies with all airspace protection criteria set forth in Section
3.5 of this ALUCP.
(b) Development in accordance with the intensity and density limits as prescribed in the Development Agreement, including:
(1) A maximum of 700 residential dwelling units within NP 1 (MP:NP-MURW:AC) exclusive of units allowed by density bonuses pursuant to Section
17.52.130 of the City of Napa Municipal Code and state law. (2) One continuing care retirement complex within NP 1 (MP:NP-MUR-W:AC) having maximum capacities of 150 units and 225 beds. This facility is intended to provide independent living for seniors with common dining, recreational activities, housekeeping, and transportation, as well as assisted care to seniors with mental and physical limitations. To facilitate rapid emergency egress, this complex shall be limited to a maximum of two aboveground floors. (3) A maximum of 40,000 square feet of gross floor area for all neighborhood services uses, as defined in subsection E of Section 17.32.080 of the City of Napa Municipal Code, within the NP 1 (MP:NP-MUR-W:AC).
(4) A maximum of 10,000 square feet of gross floor area for office uses, as defined in subsection B of Section 17.32.160 of the City of Napa Municipal Code, as the primary use within NP 2 (MP:NP-IBP-W:AC).
(5) One hotel with a maximum of 150 rooms within NP 2 (MP:NP-IBP-W:AC), together with accessory uses for guests and the general public. Accessory uses may include meeting rooms and a spa and fitness center, provided that the entirety of the use shall not exceed an average intensity of 100 people per acre. (6) A maximum of 15,600 square feet of community facilities within NP 1 (MP:NPMUR-W:AC) or NP 2 (MP:NP-IBP-W:AC). Such facilities may include a transit center, interpretive nature center, boat house, café/visitor pavilion, childcare center, and drydock theatre.
(7) A maximum of 154,000 square feet of general wholesale commercial activities, as defined in subsection A of Section 18.66.240 of the City of Napa Municipal Code, within NP 3 (MP:NP-IBP:AC).
(8) Within NP 4 (MP:NP-IL), up to a total of 165,000 gross square feet (gsf) of enclosed non-residential uses, comprised of up to 90,000 gsf of office uses and up to 75,000 gsf of light industrial, R&D, and warehouse uses. 80 An avigation easement for the Napa Pipe Mixed-use Master Planned Development consisting of parcels 046-400-054, 046-400-055, 046- 412-006, and 046-412-007, was accepted by the Napa County Board of Supervisors on June 7, 2022. 1059
CHAPTER 5 NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS 5-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS CHAPTER 5 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 5-5 EXHIBIT 5-1: BASIC COMPATIBILITY CRITERIA, NAPA COUNTY AIRPORT Intensity/Density Criteria 1
Compatibility Zones
Intensity Criteria Interpretation A B1 B2 B3 C D1 D2 E
Max. Sitewide Average Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 0
50 100
75 225
150
450
100
300
200
800
300
1200
No
limit
All nonresidential development shall satisfy both
sitewide and single-acre intensity limits
Sitewide Average Density (dwelling units/acre) Residential Prohibited 2 ≤0.2 or 10-25
No
limit
See Policy 3.4.1 for residential development density
criteria; single-acre density limits do not apply
Easement / Notification Requirement 3 Avigation Easement RON APD Land Use Category Legend
(see last page of table for interpretation) Additional Criteria Multiple land use categories may apply to a project
Land uses not specifically listed shall be evaluated using the criteria for similar uses
Typical occupancy Load Factor [approx. # s.f./person] indicated for certain uses 4
Normally
Compatible
Conditional Incompatible
Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
Numbers in yellow cells are Floor Area Ratios (FARs)
based on typical occupancy load factor indicated for that use and average intensity limit indicated for zone
General Characteristics
Any use having more than 1 habitable floor 5 B1, B2, C: Limited to no more than 2 habitable floors B3: Limited to no more than 3 habitable floors
Any use having structures (including poles or antennas) or trees 35 to 150 feet in height
B1, B2, B3, C: Ensure airspace obstruction does not occur B1, B2, C: Airspace review required for objects >35 feet B3: Airspace review required for objects >70 feet
Any use having structures (including poles, antennas, or cranes) or trees more than 150 feet in height
D1, D2, E: Ensure airspace obstruction does not occur;
airspace review required for objects >150 feet
Any use having the potential to cause an increase in the attraction of birds or other wildlife
D1, D2, E: Avoid use or provide mitigation consistent with FAA rules and regulations 6
Any use creating visual or electronic hazards to flight 7 Outdoor Uses (no or limited indoor activities)
Constructed/Enhanced Land/Water Features: woods,
brush lands, wetlands, reservoirs, detention/retention
ponds
B3, C, D1, D2, E: Avoid new features that attract birds or provide mitigation consistent with FAA regulations 6
Agriculture (except residences and confined livestock):
field crops, orchards/tree farms, vineyards, open
pasture, or range land
A: Objects above runway elevation not allowed in OFA 8
All: Avoid new features that attract birds or provide mitigation consistent with FAA regulations 6; exercise caution with uses involving noise-sensitive animals
Confined Livestock Uses: feed lots, stockyards,
breeding, fish hatcheries, horse/riding stables, poultry and dairy farms
B1, B2, B3, C, D1, D2, E: Avoid new features that attract birds or provide mitigation consistent with FAA regulations 6; exercise caution with uses involving noise-sensitive animals Outdoor Major Assembly Facilities (capacity ≥1,000
people): spectator-oriented outdoor stadiums,
amphitheaters, fairgrounds, racetracks, water parks,
zoos
D2, E: Allowed only if alternative site outside zone would not serve intended function; exercise caution if clear audibility by users is essential; ensure intensity criteria met
Outdoor Large Assembly Facilities (capacity 300 to 999
people): spectator-oriented outdoor stadiums,
amphitheaters
D1, D2: Ensure intensity criteria met; not allowed if intended primarily for use by children; exercise caution if clear audibility by users is essential
Outdoor Group Recreation (limited spectator stands):
athletic fields, water recreation facilities (community pools), picnic areas
B3, D1, D2: Ensure intensity criteria met; not allowed if intended primarily for use by children; exercise caution if clear audibility by users is essential
Outdoor Non-Group Recreation (small/low-intensity):
golf courses (except clubhouse), tennis courts, shooting ranges, bocci courts, trails, passive regional/community parks with minimal recreational facilities
B1, B2, B3, C: Ensure intensity criteria met; not allowed if intended primarily for use by children; exercise caution if clear audibility by users is essential
Local/Community Parks: neighborhood parks,
community parks, playgrounds
B1, B2: Must have little or no permanent recreational facilities (ball fields, etc.); exercise caution if clear audibility by users is essential
Camping: campgrounds, recreational vehicle/ motor
home parks
B3: Ensure intensity criteria met; avoid if disruption by aircraft noise is unacceptable
Cemeteries (except chapels) B1, B2, B3, C: Ensure intensity criteria met; avoid if disruption by aircraft noise is unacceptable
Residential and Lodging Uses
Single-Family Residential 2: individual dwellings,
townhouses, mobile homes, bed and breakfast inns
D2: Up to 1 dwelling unit on a 5-acre lot (0.2 dwelling units per acre); CNEL 45 dB max. interior noise level
Multi-Family Residential 2: townhouses, apartments
condominiums
D2: 10-25 dwelling units per acre
Long-Term Lodging (>30 nights): extended-stay hotels,
dormitories
Short-Term Lodging (≤30 nights): hotels, motels, other
transient lodging
[approx. 200 s.f./person]
0.69 0.92
B3, D1: Ensure intensity criteria met
Short-Term Group Lodging: hostels, emergency/
homeless shelters, farmworker housing
[approx. 100 s.f./person]
0.34 0.46
B3, D1: Ensure intensity criteria met
Congregate Care: retirement homes, assisted
living/residential care facilities, intermediate care
facilities, group homes (youth/adult) 9
D2: Ensure intensity criteria met
1061
CHAPTER 5 NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS 5-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Intensity/Density Criteria 1
Compatibility Zones
Intensity Criteria Interpretation A B1 B2 B3 C D1 D2 E
Max. Sitewide Average Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 0
50 100
75 225
150
450
100
300
200
800
300
1200
No
limit
All nonresidential development shall satisfy both
sitewide and single-acre intensity limits
Sitewide Average Density (dwelling units/acre) Residential Prohibited 2 ≤0.2 or 10-25
No
limit
See Policy 3.4.1 for residential development density
criteria; single-acre density limits do not apply
Easement / Notification Requirement 3 Avigation Easement RON APD Land Use Category Legend
(see last page of table for interpretation) Additional Criteria Multiple land use categories may apply to a project
Land uses not specifically listed shall be evaluated using the criteria for similar uses
Typical occupancy Load Factor [approx. # s.f./person] indicated for certain uses 4
Normally
Compatible
Conditional Incompatible
Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
Numbers in yellow cells are Floor Area Ratios (FARs)
based on typical occupancy load factor indicated for that use and average intensity limit indicated for zone
Educational and Institutional Uses
Family day care homes (≤14 children) 10 B1, B2, C: CNEL 45 dB max. interior noise level Children’s Schools: K-12, day care centers (>14
children), libraries 9
D2: Allowed only if alternative site outside zone would not serve intended function; ensure intensity criteria met; exercise caution if clear audibility by users is essential Adult Education classroom space: adult schools,
colleges, universities
[approx. 40 s.f./person]
0.07 0.14 0.09 0.18 0.28
B3, D1, D2: Ensure intensity criteria met
Indoor Major Assembly Facilities (capacity ≥1,000
people): auditoriums, conference centers, resorts,
concert halls, indoor arenas
D2, E: Allowed only if alternative site outside zone would not serve intended function; exercise caution if clear audibility by users is essential
Indoor Large Assembly Facilities (capacity 300 to 999
people): movie theaters, places of worship, cemetery
chapels, mortuaries
[approx. 15 s.f./person]
0.05 0.07 0.10
D2: Ensure intensity criteria met
Indoor Small Assembly Facilities (capacity <300
people): community libraries; art galleries; museums;
exhibition space, community/senior centers
[approx. 100 s.f./person]
0.17 0.34 0.46 0.69
B2, B3, D1, D2: Ensure intensity criteria met; not allowed if intended primarily for use by children; avoid outdoor spaces intended for noise-sensitive activities
Indoor Recreation: gymnasiums, club houses, athletic
clubs, dance studios, sports complexes (indoor soccer), health clubs, spas
[approx. 60 s.f./person]
0.10 0.21 0.28 0.41
B2, B3, D1, D2: Ensure intensity criteria met; not allowed if intended primarily for use by children
In-Patient Medical: hospitals, mental hospitals, nursing homes 9
D2: Allowed only if alternative site outside zone would not serve intended function; exercise caution if clear audibility by users is essential
Out-Patient Medical: health care centers, clinics, adult day care centers
[approx. 240 s.f./person]
0.41 0.83 1.10 1.65
B2, B3, D1, D2: Ensure intensity criteria met
C: CNEL 45 dB max. interior noise level
Penal Institutions: prisons, reformatories 9
D2: Ensure intensity criteria met
Public Safety Facilities: police, fire stations C: Allowed only if airport serving B3, D1: Allowed only if site outside zone would not serve intended function
B3, C, D1: Ensure intensity criteria met
Commercial, Office, and Service Uses
Major Retail (capacity >300 people per building):
regional shopping centers, ‘big box’ retail, supermarket [approx. 110 s.f./person]
0.38 0.51 0.76
B3, D1, D2: Ensure intensity criteria met
Local Retail (≤300 people per building): community/
neighborhood shopping centers, grocery stores
[approx. 170 s.f./person]
0.29 0.59 0.39
B2, B3, C: Ensure intensity criteria met
Eating/Drinking Establishments: restaurants, bars, fastfood dining [approx. 60 s.f./person]
0.07 0.10 0.21 0.14 0.28 0.41
B2, B3, C, D1, D2: Ensure intensity criteria met
B1: Locate structure max. distance from extended runway centerline where feasible
Limited Retail/Wholesale: furniture, automobiles, heavy equipment, building materials, hardware, lumber yards,
nurseries
[approx. 250 s.f./person]
0.29 0.43 0.86 0.57 1.15 1.72
B1, B2, B3, C, D1, D2: Ensure intensity criteria met
B1: Locate structure max. distance from extended runway centerline where feasible
Offices: professional services, doctors, finance, banks, civic; radio, television and recording studios, office
space associated with other listed uses
[approx. 215 s.f./person]
0.25 0.37 0.74 0.49 0.99 1.48
B1, B2, B3, C, D1, D2: Ensure intensity criteria met
B1: Locate structure max. distance from extended runway centerline where feasible
Personal and Miscellaneous Services: barbers, car
washes, print shops
[approx. 200 s.f./person]
0.23 0.34 0.69 0.46 0.92 1.38
B1, B2, B3, C, D1, D2: Ensure intensity criteria met
Fueling Facilities: gas stations, trucking and other
transportation fueling facilities 11
B1, B2, B3, C: Ensure intensity criteria met; on-Airport storage of aviation fuel and other aviation-related flammable materials allowed
B1, B2: Locate structure max. distance from extended
runway centerline where feasible; store nonaviation fuel underground or in above-ground storage tanks with
combined max. capacity of 6,000 gallons
1062
NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS CHAPTER 5 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 5-7 Intensity/Density Criteria 1
Compatibility Zones
Intensity Criteria Interpretation A B1 B2 B3 C D1 D2 E
Max. Sitewide Average Intensity (people/acre)
Max. Single-Acre Intensity (people/acre)
0 0
50 100
75 225
150
450
100
300
200
800
300
1200
No
limit
All nonresidential development shall satisfy both
sitewide and single-acre intensity limits
Sitewide Average Density (dwelling units/acre) Residential Prohibited 2 ≤0.2 or 10-25
No
limit
See Policy 3.4.1 for residential development density
criteria; single-acre density limits do not apply
Easement / Notification Requirement 3 Avigation Easement RON APD Land Use Category Legend
(see last page of table for interpretation) Additional Criteria Multiple land use categories may apply to a project
Land uses not specifically listed shall be evaluated using the criteria for similar uses
Typical occupancy Load Factor [approx. # s.f./person] indicated for certain uses 4
Normally
Compatible
Conditional Incompatible
Conditions listed below apply to uses listed as
“Conditional” (yellow) for a particular zone
Numbers in yellow cells are Floor Area Ratios (FARs)
based on typical occupancy load factor indicated for that use and average intensity limit indicated for zone
Industrial, Manufacturing, and Storage Uses
Hazardous Materials Production and Storage
(flammable, explosive, corrosive, or toxic): oil
refineries, chemical plants 11
E: Allowed only if alternative site outside zone would not serve intended function; generation of steam or thermal plumes not allowed
Heavy Industrial 11 D1, D2, E: Bulk storage of hazardous materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft; generation of steam or thermal plumes not allowed
Light Industrial, High Intensity: food products
preparation, electronic equipment, bottling plant 11
[approx. 200 s.f./person] 0.69 0.46 0.92 1.38
B3, C, D1, D2: Ensure intensity criteria are met; bulk storage of hazardous (flammable, explosive, corrosive, or toxic) materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft
Light Industrial, Low Intensity: machine shops, wood
products, auto repair, cooperages, wineries (with limited tastings and events), low-intensity bottling facilities 11 [approx. 350 s.f./person]
0.40 0.60 1.21 0.80
B1, B2, B3, C: Ensure intensity criteria are met; bulk storage of hazardous (flammable, explosive, corrosive, or toxic) materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft
Research and Development Laboratories 11
[approx. 300 s.f./person]
0.34 0.52 1.03 0.69 1.38 2.07
B1, B2, B3, C, D1, D2: Ensure intensity criteria are met; bulk storage of hazardous (flammable, explosive, corrosive, or toxic) materials allowed only for on-site use; permitting agencies to evaluate possible need for special measures to minimize hazards if struck by aircraft
B1: Locate structure max. distance from extended runway centerline where feasible
Indoor Storage: wholesale sales, distribution centers,
warehouses, winery warehousing, mini/other indoor
storage, barns, greenhouses 11
[approx. 1,000 s.f./person]
1.15 1.72 2.30
B1, B2, C: Ensure intensity criteria are met; ensure airspace obstruction does not occur
Outdoor Storage: public works yards, automobile
dismantling
B1: Ensure intensity criteria are met; ensure airspace
obstruction does not occur
Mining and Extraction B1, B2, B3, C, D1, D2: Generation of dust clouds, smoke, steam plumes not allowed; ensure airspace obstruction does not occur
Transportation, Communication, and Utilities
Airport Terminals: airline, general aviation
Transportation Stations: rail/bus stations; taxi, trucking and other transportation terminals
B1, B2, B3, C: Ensure intensity criteria met; ensure airspace obstruction does not occur
Transportation Routes: road and rail transit lines, rightsof-way, bus stopsB1: Avoid road intersections if traffic congestion occurs; ensure airspace obstruction does not occur
Auto Parking: surface lots, structures B1: Ensure airspace obstruction does not occur Communications Facilities: broadcast and cell towers,
emergency communications
C: Allowed only if airport serving
D1, D2: Allowed only if site outside zone would not serve intended public function; locate structures max. distance from extended runway centerline; ensure all facilities and
associated power lines meet airspace protection criteria (height, thermal plumes, glare, etc.)
Power Plants: primary, peaking, renewable energy, bioenergy D1, D2: Peaking and renewable energy plants allowed if structures located max. distance from extended runway
centerline
E: Primary plants allowed only if site outside zone would not serve intended public function; locate structures max.
distance from extended runway centerline
All: Ensure all facilities and associated power lines meet airspace protection criteria (height, thermal plumes, glare, etc.)
Electrical Substations D1, D2: Locate structure max. distance from extended runway centerline; ensure all facilities and associated power lines meet airspace protection criteria (height, thermal plumes, glare, etc.)
Wastewater Facilities: treatment, disposal D1, D2: Allowed only if site outside zone would not serve intended public function; avoid new features that attract birds or provide mitigation consistent with FAA regulations 5 Solid Waste Disposal Facilities: landfill, incineration E: Allowed only if site outside zone would not serve intended public function; avoid new features that attract birds or provide mitigation consistent with FAA regulations 5
Solid Waste Transfer Facilities, Recycle Centers E: Allowed only if site outside zone would not serve intended public function; avoid new features that attract birds or provide mitigation consistent with FAA regulations 5
1063
CHAPTER 5 NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS 5-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Notes
Indicates a land use that is or may be highly noise sensitive. Exercise caution with regard to approval of outdoor uses—evaluate potential for aircraft noise to disrupt the activity. Indoor uses may require addition of sound attenuation to structure. See Section 3.1 for criteria. Indicates land use that may attract birds, generate dust, produce smoke or steam plumes, create electronic interference, or otherwise pose hazards to flight. See Section
3.5 for criteria.
1 Intensity criteria apply to all nonresidential uses including ones shown as “Normally Compatible” (green) and “Conditional” (yellow). Usage intensity calculations shall include all people (e.g., employees, customers/visitors) who may be on the property at any single point in time, whether indoors or outdoors. Exceptions can be made for rare special events (e.g., an air show at the airport, street fair) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate (see Policy 3.2.5). The usage intensities shall be calculated in accordance with the methodologies cited in Section 3.4. 2 See Policy 2.7.4, Development by Right, for exceptions to residential restrictions. Portions of a site may have a lower density of at least 8 dwelling units per acre but the overall density of the site must comply with the density range of 10-25 dwelling units per acre within Compatibility Zone D2. 3 Airport Proximity Disclosure (APD) required within entire Airport Influence Area (AIA) which includes Compatibility Zones A through E. Avigation Easement Dedication also required within Compatibility Zones A through D1 (see Policy 3.7.1) and a Recorded Overflight Notification (RON) is required within Compatibility Zone D2 (see Policy 3.6.1).
4 Occupancy Load Factors [approx. number of square feet per person] cited for many listed land use categories are based on information from various sources and are intended to represent “typical busy-period” usage (or “peak” usage) for typical examples of the land use category. These Occupancy Load Factors differ from those provided in the California Building Code (CBC), as the CBC considers the absolute maximum number of people that can be safely accommodated in a building. See Policy 3.4.3.
5 The intent of this criterion is to facilitate evacuation of a building if it were to be hit by an aircraft. It is separate from the height limits set for airspace protection purposes. 6 No proposed use shall be allowed that would create an increased attraction for wildlife and that is inconsistent with FAA rules and regulations including, but not limited to, FAA Advisory Circular 150/5200-33C, Hazardous Wildlife Attractants On or Near Airports and Advisory Circular 150/5200-34A, Construction or Establishment of Landfills near Public Airports. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds which pose bird strike hazards to aircraft in flight. See Policy 3.5.3.
7 Specific characteristics to be avoided include: sources of glare (such as from mirrored or other highly reflective structures or building features) or bright lights (including search lights and laser light displays); distracting lights that could be mistaken for airport lights; sources of dust, steam, or smoke that may impair pilots’ vision; sources of steam or other emissions that cause thermal plumes or other forms of unstable air; and sources of electrical interference with aircraft communications or navigation. See Policy 3.5.4.
8 Object Free Area (OFA): Dimensions are established by FAA airport design standards for the runway. See Exhibit 5-2. 9 See Policy 3.4.9(a), Risk-Sensitive Land Uses, for criteria related to uses having vulnerable occupants. 10 Family day care home means a home that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day. Small family day care homes provide care for eight or fewer children and large family day care homes provide care for 7 to 14 children (Health and Safety Code Section 1597.465).
11 See Policy 3.4.9(b), Risk-Sensitive Land Uses, for criteria related to uses that store hazardous materials. 1064
NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS CHAPTER 5 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 5-9 EXHIBIT 5-2: COMPATIBILITY POLICY MAP, NAPA COUNTY AIRPORT Mead & Hunt, Inc. 2024
1065
CHAPTER 5 NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS 5-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT 5-3: AIRSPACE PROTECTION MAP, NAPA COUNTY AIRPORT Mead & Hunt, Inc. 2024
1066
NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS CHAPTER 5 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 5-11 EXHIBIT 5-4: COMPATIBILITY ZONE DELINEATION FOR ANGWIN AIRPORT – PARRETT FIELD Zone Noise and Overflight Factors Safety and Airspace Protection Factors A
Runway
Protection
Zone
Noise Impact: Very High
• Mostly above CNEL 65 dB
Risk Level: Very High
• Defined by Handbook Safety Zone 1 as modified to
reflect existing and future Runway Protection Zones
(RPZs) and Object Free Areas (OFA) from 2016 Airport
Layout Plan (ALP)
• Aircraft on very close final approach or departure;
nearly 20% of near-runway general aviation accidents
occur in this zone
• Aircraft at altitudes of less than 200 feet above runway • Stringent height restrictions apply to protect airspace B1
Inner
Approach/
Departure
Zone
Noise Impact: High
• Typically above CNEL 60 dB
• Single-event noise sufficient to
disrupt a wide range of land use
activities including indoors if
windows open
Risk Level: High
• Defined by Handbook Safety Zone 2 for existing and
future runway configurations
• Aircraft overflying at low altitudes on final approach and straight-out departures—typically only 200 to 400 feet
above the runway elevation
• Some 8% to 22% of near-runway general aviation
accidents occur in this zone
• Stringent height restrictions apply to protect airspace B2
Inner
Turning
Zone
Noise Impact: Moderate
• May exceed CNEL 55 dB
• Single-event noise sufficient to
disrupt noise-sensitive land uses
Risk Level: Moderate to High
• Defined by Handbook Safety Zone 3
• Reflects one direction turning on 1L/19R and 1R/19L to avoid turning over adjacent runway. Aircraft—especially smaller, piston-powered aircraft—turning base to final
on landing approach or initiating turn to en route
direction on departure; aircraft altitude typically less than 500 feet above runway, particularly on landing
• About 4% to 8% of near-runway general aviation
accidents occur in this zone
• Allowable heights may be restricted to protect airspace B3
Outer
Approach
Zone
Noise Impact: Moderate
• May exceed CNEL 55 dB
• Single-event noise sufficient to
disrupt noise-sensitive land uses
Risk Level: Moderate
• Defined by Handbook Safety Zone 4 plus a portion of
Handbook Safety Zone 6 to the south and west to cover
heavy traffic patterns and overflight.by aircraft engaging in various approaches and departures including:
Runway 6 approach, turning westward after departure
from Runways 19R or 24, entering the Runway 19R
traffic pattern, circling west of the airport to land on Runway 19R after making an approach to Runway 1L,
or entering the Runway 24 pattern from the west.
• Approaching aircraft usually at less than traffic pattern altitude with straight-in instrument approach procedures or where straight-in or straight-out flight paths are
common; aircraft altitude typically less than 1,000 feet above runway
• About 40% to 50% of off-runway, airport-related,
general aviation aircraft accidents occur within this
proximity to similar airports
• Allowable heights may be restricted to protect airspace 1067
CHAPTER 5 NAPA COUNTY AIRPORT COMPATIBILITY POLICIES AND MAPS 5-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Zone Noise and Overflight Factors Safety and Airspace Protection Factors C
Sideline
Zone
Noise Impact: Moderate to High
• Mostly above CNEL 60 dB
• Single-event noise sufficient to
disrupt a wide range of land use
activities including indoors if
windows open
Risk Level: Low to Moderate
• Defined by Handbook Safety Zone 5 plus a portion of
Handbook Safety Zone 6 adjacent to the Inner Sideline
Zone (Handbook Safety Zone 5) to capture areas with
noise levels greater than CNEL 60 dB
• Area not normally overflown; primary risk is with aircraft (especially twins) losing directional control on takeoff, excessive crossing gusts or engine torque
• About 3% to 5% of near-runway general aviation
accidents occur in this zone
• Allowable heights may be restricted to protect airspace D1
Inner
Traffic
Pattern
Zone
Noise Impact: Low
• Typically below CNEL 55 dB
• Aircraft typically at or below 1,000-
foot traffic pattern altitude
• Noise more of a concern with
respect to individual loud events
than with cumulative noise
contours; frequent individual noise
events sufficient to intrude upon
indoor activities
Risk Level: Low
• Defined by Handbook Safety Zone 6
• Includes areas within the standard traffic pattern and pattern entry routes; aircraft altitude typically 1,000 to 1,500 feet above runway on visual approaches but can
be as low as 600 feet above the airport elevation when
circling to land after using the Runway 1L approach
procedure.
• Risk is a factor for highly risk-sensitive uses (e.g., very high-intensity uses, children’s schools, hospitals, bulk storage of highly hazardous materials)
• Some 18% to 29% of near-runway general aviation
accidents occur here; but the large area encompassed
means a low likelihood of accident occurrence in any
given location
• Allowable heights could be restricted to protect
airspace; Airspace concern is generally with object
heights >100 feet above runway elevation
D2
Outer
Traffic
Pattern
Zone
Noise Impact: Low
• Typically below CNEL 55 dB
• Routinely overflown by aircraft
typically above 1,000-foot traffic
pattern altitude
• Noise from individual aircraft
overflights may adversely affect
certain land uses.
Risk Level: Low
• Includes some outer areas of Handbook Safety Zone 6
• Includes areas within the outer standard traffic pattern and pattern entry routes; aircraft altitude typically above 1,000 feet above runway
• Risk is a factor for highly risk-sensitive uses (e.g., very high-intensity uses, children’s schools, hospitals, bulk storage of highly hazardous materials)
• Allowable heights could be restricted to protect
airspace; Airspace concern is generally with object
heights >100 feet above runway elevation
E
Other
Airport
Environs
Noise Impact: Low
• Beyond the 55-CNEL contour
• Occasional overflights intrusive to
some outdoor activities
Risk Level: Low
• Includes remainder of area within the CFR Part 77
conical surface which defines the Airport Influence Area • Airspace concern is generally with object heights >200 feet above runway elevation
Notes:
1. Handbook Safety Zone Source: California Airport Land Use Planning Handbook (2011). 1068
6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 6-1 Chapter 6 Background Data for
Angwin Airport – Parrett Field
and Environs
BAC KGR OUND D ATA FOR AN GWIN AIR PORT – PARRETT FIELD AND EN VIRON S
6.1 INTRODUCTION
Angwin Airport – Parrett Field is a 60-acre general aviation facility located adjacent to the unincorporated community of Angwin, approximately 20 miles north of the City of Napa.
Owned and operated by Pacific Union College (PUC or College), the airport is open to the public and primarily serves Angwin and surrounding areas in central and northern Napa County.
The airport is situated on Howell Mountain at an elevation of 1,875 feet above mean sea level, with Napa Valley to the west and Pope Valley to the east. Ground elevations in most of the airport vicinity are lower than the airport elevation except to the northwest where a mountain ridge, approximately four miles to the northwest, reaches nearly 1,000 feet above the airport elevation.
6.2 AIRPORT MASTER PLAN AND LAYOUT PLAN STATUS
As a privately owned facility, little formal long-range planning has been done for Angwin Airport – Parrett Field. The most comprehensive study is one completed in 2010 entitled Master Plan Feasibility and Alternate Site Selection Study—Angwin Airport/Parrett Field (2010 Feasibility Study).
This study was prepared for the County of Napa which, at the time, was considering whether to take over ownership and operation of the airport. Ultimately, this option did not go forward, and the airport remains privately owned.
One of the products of the Feasibility Study was an Airport Layout Plan (ALP) drawing dated November 2009. Although never adopted by either the County of Napa or Pacific Union College nor submitted to the Federal Aviation Administration (FAA) for approval, this ALP provides the best representation of the facilities that then existed on the airport, which have remained largely unchanged ever since. The ALP also shows concepts for ultimate extension of the runway and other facility improvements.
1069
CHAPTER 6 BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS 6-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Although the College has no immediate plans to pursue construction of these improvements, they agree that the 2009 ALP reflects both the airport’s existing and potential future buildout over the next 20 years. The College prepared a letter to that effect that was submitted to Caltrans Aeronautics. Caltrans concurred that both the existing and ultimate conditions shown on the ALP are reasonable to form the foundation for this Airport Land Use Compatibility Plan (ALUCP) for Angwin Airport – Parrett Field.
6.2.1 Airfield Configuration: The airport airfield consists of one runway (Runway 16/34) that is oriented north-south and is 3,217 feet in length. The established south end of the runway is located over 1,500 feet from the physical end of the pavement because of hangars and other buildings situated on either side of the extended runway centerline. The runway does not have a parallel taxiway; therefore, aircraft landing toward the north must taxi back along the runway to reach the aircraft parking facilities.
The airport has no published instrument landing procedures; however, the runway is lighted for night operations. Runway Protection Zones (RPZs) at each end of the runway are fully contained on airport property, though little land beyond that is under airport control. Trees in the runway approaches are known to be obstructions.
The 2010 Feasibility Study includes an analysis of extending Runway 16/34 by 1,100 feet and widening it by 25 feet. This concept would add 500 feet on the north (Runway 16) end and 600 feet on the south end (Runway 34) with a 300-foot displaced threshold for a total length of 4,317 feet. This extension would accommodate a future upgrade to FAA design category B-II based on the potential future mix of aircraft. This runway configuration would require the removal of several hangars southeast of the runway. The addition of 25 feet of pavement to the west edge of the runway would result in a width of 75 feet to meet design standards. A full-length, 35-foot parallel taxiway would be located on the east side of the runway. The RPZs for both runway ends would be shifted with the runway extension. The Runway 16 RPZ would be expanded. The Runway 34 approach and departure RPZs would increase in size to reflect current FAA Airport Design standards and differ from what is shown on the ALP.
6.2.2 Aircraft Traffic Patterns: To avoid aircraft overflight of the community of Angwin to the west, the primary traffic pattern at Angwin Airport-Parrett Field is on the east side of the runway. The traffic pattern altitude is approximately 850 feet above the airport elevation.
Noise abatement procedures are in place for departures to the north and south to avoid noise-sensitive areas. Pilots are instructed to use the optimum rate of climb to traffic pattern altitude before departing the pattern.
6.2.3 Aircraft Activity and Forecasts: Data from the 2010 Feasibility Study shows that the airport had an estimated 11,000 aircraft operations in 2008. The FAA Airport Master Record has a similar number—10,000 operations—in 2017. Airport management indicates that the current activity level is consistent with historical estimates.
The 2010 Feasibility Study projected aircraft operations to increase only slightly to an annual volume of 14,000 operations in 20 years. The small size of the community that the airport mostly serves and the lack of available space on the property for more aircraft parking are major limitations to its growth potential. The 2010 Feasibility Study’s projection of 14,000 operations continues to be a realistic growth potential maximum for the airport within the 20-year timeframe essential for compatibility planning. Exhibit 6-3 contains additional details regarding existing and forecast airport activity. 1070
BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS CHAPTER 6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 6-3
6.3 SURROUNDING LAND USES
The community of Angwin, including the Pacific Union College, to the west comprises the major area of development near Angwin Airport – Parrett Field. Exhibit 6-9 presents an aerial photo of the airport environs.
The areas to the north and east have scattered vineyards but are mostly undeveloped and heavily wooded land. To the south are vineyards and scattered residential land uses. County of Napa land use plans show additional residential uses and some future nonresidential areas west of the airport. Planned land uses reflect existing land use patterns.
6.4 EXHIBITS
The following exhibits illustrate the compatibility factors and background information that serve as the basis for this Airport Land Use Compatibility Plan (ALUCP) for Angwin Airport – Parrett Field. ▪ Exhibit 6-1: Airport Features Summary―Summarizes information pertaining to the Angwin Airport – Parrett Field configuration, operational characteristics, and applicable planning documents.
▪ Exhibit 6-2: Airport Layout Plan (2009)―Presents the ALP depicting the airport configuration and airport building areas from the 2010 Feasibility Study. The Runway 34 approach and departure RPZs increase in size to reflect current FAA Airport Design standards and differ from what is shown on the ALP.
▪ Exhibit 6-3: Airport Activity Summary―Summarizes existing and forecast activity levels for the airport provided in the 2010 Feasibility Study and brought forward for this ALUCP. ▪ Exhibit 6-4, Exhibit 6-5, and Exhibit 6-6: Compatibility Factors―Depict the extents of the four compatibility factors upon which the compatibility zones for Angwin Airport – Parrett Field were derived. The four compatibility factors are defined by:
- Noise―Future noise contours reflecting a forecasted aircraft activity level of 14,000 annual operations.
- Overflight―Primary traffic patterns reflecting where aircraft operating at Angwin Airport – Parrett Field routinely fly.
- Safety―Generic safety zones for a short general aviation runway as provided in the California Airport Land Use Planning Handbook (October 2011). - Airspace Protection―FAA notification and obstruction surfaces as defined by Code of Federal Regulation (CFR) Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. Airspace surfaces reflecting the future runway length of 4,317 feet has been prepared for this ALUCP.
- Compatibility Zones―Policy zones developed for this ALUCP are based on the above four factors. Airport-specific considerations used to develop these zones are summarized in Chapter 4.
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CHAPTER 6 BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS 6-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) ▪ Exhibit 6-7: Airport Environs Information―Summarizes information about current and planned land uses in the environs of the Angwin Airport – Parrett Field. Airport land use compatibility policies contained in the County’s general plan are also summarized. ▪ Exhibit 6-8: General Plan Land Use Designations―Shows planned land use designations as reflected in the 2008 General Plan for Napa County. ▪ Exhibit 6-9: Aerial―Presents an aerial photo of the airport environs. 1072
BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS CHAPTER 6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 6-5 EXHIBIT 6-1: AIRPORT FEATURES SUMMARY
GENERAL INFORMATION
▪ Airport Ownership: Private (Pacific Union College)
▪ Property Size: 60 acres (estimated)
▪ Airport Classification: General Aviation
▪ Airport Elevation: 1,875 ft. MSL (estimated)
BUILDING AREA
Location
▪ East, south, and west of Runway 34 approach end
Services
▪ Fuel
▪ Instruction
▪ Rentals
▪ Major Maintenance
RUNWAY/TAXIWAY DESIGN a
Runway 16-34
▪ Runway Design Code:
- Current: A-I
- Future: B-II
▪ Critical Aircraft:
- Current: Piper Seminole
- Future: King Air 350
▪ Dimensions:
- Current: 3,217 ft. long, 50 ft. wide
- Future: 4,317 ft. long, 75 ft. wide
▪ Runway OFA Width:
- Current: 250 ft.
- Future: 500 ft.
▪ Pavement Strength (main landing gear configuration)
- Current: 12,500 lbs. (single-wheel)
- Future: 15,000 lbs. (single-wheel)
▪ Runway Lighting:
- Current: Low-Intensity Runway Edge Lighting (LIRL)
- Future: Medium-Intensity Runway Edge Lighting
(MIRL)
▪ Runway Markings:
- Runway 16: basic
- Runway 34: basic
▪ Visual Navigational Aids
- Runway 16: PAPI (5.0)
- Runway 34: PAPI (5.0)
APPROACH PROTECTION a
Runway Protection Zones (RPZs)
▪ Runway 16:
- Based on A-I with visual approach
- 250 ft. inner width, 1,000 ft. length, 450 ft. outer width ▪ Runway 34:
- Based on A-I with visual approach
- 250 ft. inner width, 1,000 ft. length, 450 ft. outer width ▪ Future Runway 16:
- Based on B-II with visual approach
- 500 ft. inner width, 1,000 ft. length, 700 ft. outer width ▪ Future Runway 34:
- Based on B-II with visual approach
- 500 ft. inner width, 1,000 ft. length, 700 ft. outer width Approach Obstacles
▪ Runway 16: Trees 1,000 ft. from runway end
▪ Runway 34: Trees 2,100 ft. from runway end
TRAFFIC PATTERNS AND APPROACH
PROCEDURES b
Airplane Traffic Patterns
▪ Standard traffic pattern on east side of airfield only to avoid overflight of Angwin
Instrument Approaches
▪ None
AIRPORT PLANNING DOCUMENTS
Airport Master Plan Feasibility and Alternate Site
Selection Study
▪ County of Napa, accepted March 2010
Airport Layout Plan
▪ November 2009
PROPOSED FACILITY IMPROVEMENTS c
Airfield
▪ Extension of runway to accommodate B-II aircraft
▪ Widening of runway to meet design standards
▪ Widening of ROFA
▪ Installation of MIRL
▪ Full-length parallel taxiway with taxiway connectors
▪ Future hangar area southeast of Runway End 34
Notes:
a Airport Layout Plan for Angwin-Parrett Field Airport, Coffman Associates, November 2009. Runway 34 approach and departure RPZs would increase in size to reflect current FAA Airport Design standards and differ from what is shown on the ALP. b FAA Airport Data and Information Portal, Angwin Airport-Parrett Field, 2023 c Master Plan Feasibility and Alternate Site Selection Study for Angwin Airport-Parrett Field, March 2010 Source: Data Compiled by Mead & Hunt, 2024
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BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS CHAPTER 6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 6-7 EXHIBIT 6-2: AIRPORT LAYOUT PLAN (2009)
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BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS CHAPTER 6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 6-9 EXHIBIT 6-3: AIRPORT ACTIVITY SUMMARY
BASED AIRCRAFT a
Current Future
All Aircraft
Single-Engine 39 45
Multi-Engine 4 10
Total 43 55
AIRCRAFT OPERATIONS a
Current Future
Total
Annual 11,000 14,000
Average Day 30 38
Distribution by Aircraft Type b
Single-Engine
Fixed-pitch propeller 80% no change
Variable-pitch propeller 13% no change
Twin-Engine 7% no change
Distribution by Type of Operation
Local (incl. touch-and-goes) 75% no change
Itinerant 25% no change
TIME OF DAY DISTRIBUTION b
Current Future
All Aircraft
Day (7 am to 7pm) 80% no change
Evening (7 pm to 10 pm) 15% no change
Night (10 pm to 7 am) 5% no change
RUNWAY USE DISTRIBUTION b
Current Future
All aircraft
Takeoffs and Landings
Day, Evening, Night
Runway 16 50% no change
Runway 34 50% no change
FLIGHT TRACK USAGE a
▪ Traffic pattern on east side only
- Runway 16: left traffic
- Runway 34: right traffic
▪ No geographic features used as turning points
▪ No future change
Notes:
a Master Plan Feasibility and Alternate Site Selection Study, Angwin Airport/Parrett Field, Accepted March 2, 2010. b Napa County Airport Land Use Compatibility Plan, Adopted April 22, 1991; Revised December 15, 1999. Table 7-3, Airport Activity, Parrett Field.
Source: data compiled by Mead & Hunt, 2023
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BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS CHAPTER 6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 6-11 EXHIBIT 6-4: COMPATIBILITY FACTORS – SAFETY
Source: Mead & Hunt, Inc. 2023
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CHAPTER 6 BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS 6-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT 6-5: COMPATIBILITY FACTORS – NOISE
Source: Mead & Hunt, Inc. 2023
ANGWIN AIRPORT-PARRETT FIELD
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BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS CHAPTER 6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 6-13 EXHIBIT 6-6: COMPATIBILITY FACTORS – AIRSPACE AND OVERFLIGHT Source: Mead & Hunt, Inc. 2023
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BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS CHAPTER 6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 6-15 EXHIBIT 6-7: AIRPORT ENVIRONS INFORMATION
AIRPORT SITE a
Location
▪ North-central Napa County
▪ 8 miles east of Calistoga
▪ 20 miles north of Napa
Topography
▪ Higher terrain to northwest; generally lower in other directions
AIRPORT ENVIRONS LAND USE
JURISDICTIONS a
County of Napa
▪ Runway approaches and traffic pattern over Napa
County
Community of Angwin
▪ Airport within unincorporated community boundary
EXISTING AIRPORT AREA LAND USES
General Character
▪ Undeveloped, heavily wooded land to north and east
▪ Angwin community and Pacific Union College to west
Runway Approaches/Traffic Pattern
▪ North: Wooded area with scattered vineyards
▪ East: Wooded area with scattered vineyard
▪ South: Vineyards and scattered residential
PLANNED AIRPORT AREA LAND USES
County of Napa
▪ Planned development and residential to west a
STATUS OF COMMUNITY PLANS
County of Napa
▪ General Plan, adopted June 2008
ESTABLISHED AIRPORT COMPATIBILITY
MEASURES
County of Napa - General Plan b
▪ Agricultural Preservation and Land Use Element
- Use zoning to ensure that land uses in airport
approach zones comply with applicable ALUC
policies. If necessary, County shall acquire
development rights in airport approach zones (Policy
AG/LU-49).
- Indicate lands set aside for existing and future uses including public use airport (Policy AG/LU-53).
- County supports ongoing operation of Angwin
Airport, including any improvements approved by
FAA within the AV zoning district (Policy AG/LU-66)
- New school facilities (k-12) shall not be located within two miles of an airport unless approved by the State
Department of Education (Policy AG/LU-123).
- New churches or institutions providing religious
instruction shall not be located within proximity to an airport, unless they are located in an area where
residential uses would be compatible under the
applicable ALUCP (Policy AG/LU-124).
▪ Circulation Element
- County supports preservation of Angwin Airport for
general aviation (Policy CIR-40).
- County shall review Circulation Element periodically
to ensure it embraces future technological
innovations that improve … airport operations (Policy
CIR-41).
▪ Community Character Element
- Development in the area covered by any ALUCP
shall be consistent with noise levels projected for the airport (Policy CC-45).
- County shall use avigation easements, disclosure
statements, and other appropriate measures to
ensure that residents and businesses within any
airport influence area are informed of the presence of
the airport and its potential for creating current and
future noise (Action CC-45.1).
▪ Safety Element
- For maximum safety, all land uses and zoning within
airport areas shall be reviewed for compatibility with
the adopted plans for the Airport and other general
aviation facilities in the county (Policy SAF-33).
▪ Housing Element (2014)
- Angwin Development Site B, 44.5-acre parcel has an
Airport Compatible Overlay (Page H-36).
Notes:
a Napa County GIS Hub, 2023
b Napa County General Plan, June 2008
Source: data compiled by Mead & Hunt, 2023
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BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS CHAPTER 6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 6-17 EXHIBIT 6-8: GENERAL PLAN LAND USE DESIGNATIONS
Source: Mead & Hunt, Inc. 2023
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CHAPTER 6 BACKGROUND DATA FOR ANGWIN AIRPORT – PARRETT FIELD AND ENVIRONS 6-18 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT 6-9: AERIAL
Source: Mead & Hunt, Inc. 2023
ANGWIN AIRPORT-PARRETT FIELD
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7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-1 Chapter 7 Background Data for
Napa County Airport
and Environs
BAC KGR OUND D ATA FOR NAPA COUNTY AIRPORT AND ENVIRON S
7.1 INTRODUCTION
Napa County Airport is an 820-acre public, regional aviation facility serving Napa Valley and surrounding areas in the northern San Francisco Bay Area. The airport is owned and operated by the County of Napa and is located at the southern end of Napa Valley, which is approximately 50 miles northeast of San Francisco, California. The airport is situated approximately 5 miles south of the City of Napa city center and two miles north of the American Canyon city center.
7.2 AIRPORT MASTER PLAN AND ALP STATUS
The County of Napa adopted a master plan for Napa County Airport in March 2007. Since publication of the master plan, updates have been made to the Airport Layout Plan (ALP) drawing to reflect recent and newly proposed construction projects. The current ALP was approved by the Federal Aviation Administration (FAA) in April 2016. Napa County Airport prepared a letter, dated September 12, 2023, that confirmed that the existing and future conditions shown on the 2016 ALP are an accurate representation of the airport’s existing facilities and future growth over the next 20 years. The letter was submitted to Caltrans Aeronautics along with the ALP. Caltrans concurred that the ALP is appropriate for use as the basis for this Airport Land Use Compatibility Plan (ALUCP) for Napa County Airport. The information contained on the 2016 ALP, together with supplemental information provided in the 2007 Master Plan and by airport personnel, form the foundation for this ALUCP.
7.2.1 Airfield Configuration: The airport airfield (Exhibit 7-1, 7-2, and 7-3) consists of three runways: two parallel runways, 1L/19R (primary) and 1R/19L (short parallel), which are oriented northeast-southwest and are 5,930 feet and 2,510 feet in length, respectively; and one crosswind runway, 6/24, which is oriented roughly east-west and is 5,007 feet in length. The only precision approach at the airport is on Runway 1L. Runway 6 has a straight-in nonprecision approach but with higher minimums than Runway 1L. 1087
CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) All other runways have only visual or circling approaches. All six runway ends have Runway Protection Zones (RPZs) that meet the Federal Aviation Administration (FAA) standards for their existing designated design categories.
Runways 19R/1L and 6/24 will change from the current Runway Design Code (RDC) of C-II to a future RDC of C-III. Other improvements having land use compatibility implications primarily involve upgrades to Runway 19R, Runway 1L, and Runway 24 instrument approach procedures to enable reduced minimums, which result in larger RPZs. Although portions of some RPZs extend off airport property, some of these are controlled by airport-owned avigation easements.
As detailed in the 2016 ALP, these standards are intended to accommodate aircraft with specific approach speeds, wingspans, tail heights, and maximum takeoff weights.
Runways 1L/19R (primary) and 6/24 (crosswind) are lighted for night operations. The airport’s primary building area and aircraft parking aprons are located on the eastern side of the airfield with some additional aviation uses south of the crosswind runway.
The 2007 Master Plan includes an analysis of extending the short parallel runway (Runway 1R/19L) to the southwest, beyond its intersection with the crosswind runway (Runway 6/24), to a length of 4,301 feet. This extension would support touch-and-go operations by single-engine aircraft, which would reduce congestion and delays on the main runway and reduce the frequency of overflights of the residential area located to the west. The extension would also expand the range of aircraft that the runway can accommodate to include piston twins, turboprops, and small jets.
The increase in runway length is proposed to be achieved by adding pavement to the south (1R) end of the runway. An aircraft landing on Runway 19L would still touchdown at the same point as currently, but it would have an additional 1,791 feet of pavement available for landing. The RPZ for Runway End 1R would be shifted with the runway extension; however, the dimensions would not be changed. The shifted RPZ would remain on airport property and would not involve any property acquisition.
7.2.2 Aircraft Traffic Patterns: Over 75 percent of operations at the airport are from the northeast to the southwest on parallel runways 19L/R. Larger aircraft are limited to Runway 19R due to the shorter length of Runway 19L. The proposed extension of Runway 1R/19L (parallel) will allow for more operations, including those that are currently limited to Runway 1L/19R (primary). Traffic patterns for Runways 1R/19L and 1L/19R are on the outboard side—northwest for Runway 19R and southeast for Runway 19L. The remaining operations are mostly on the crosswind runway with the majority from east to west using Runway 24. Runways 6 and 24 both have left traffic, which results in traffic patterns on both the north and south sides.
Less than five percent of operations are to the northeast on Runways 1L and 1R, and these operations primarily take place during low overcast weather conditions or when winds are from the northeast. Because only Runway 1L has a precision approach, a common practice is for aircraft to shoot the approach from the south to that runway to get under the clouds and then circle to land from the northeast on Runway 19R. 1088
BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-3
7.2.3 Aircraft Activity and Forecasts: Napa’s FAA Air Traffic Control Tower (ATCT) staff keep count of the number of aircraft operations that take place during the hours that the tower is open—7:00 a.m. to 8:00 p.m. daily. For 2022, the official ATCT count was 65,647 operations. Although the airport is open 24 hours per day for aircraft to take off and land, no counts are maintained for the activity during the evening and nighttime hours when the tower is closed. Airport management estimates that operations that occur during the 8:00 p.m. to 7:00 a.m. period would account for an addition of approximately 5% to the operations count, which would result in an estimated 68,900 total operations for 2022 (Exhibit 7-4).
The current aircraft operations count is approximately half of the mid-2000s count, which was used as the base for the 2007 Airport Master Plan (2007 AMP) forecasts. This decrease is mostly the result of the closure of the Japan Airlines Pilot Training Facility in 2010. Current activity data shown in Exhibit 7-4—the distributions of operations by type of aircraft, time of day, runway use, and flight track—are estimates taken from data in the 2007 Airport Master Plan and adjusted to reflect ATCT and airport management records regarding current fleet mix and operations.
The forecasts of future activity for this ALUCP (Exhibit 7-4) are derived from a combination of the current activity assumptions, changes anticipated by airport management, and FAA forecasts of hours that will be flown by general aviation aircraft nationally 20 years from now. To calculate the 20-year forecast, these sources were used to estimate an annual rate of change for each of the five categories of aircraft itemized in the table. Activity by single-engine airplanes is expected to continue its current decline, dropping by 1% per year. Twin-engine and turboprop operations are assumed to remain about constant. Business jet and helicopter operations are expected to increase substantially. For forecasting purposes, activity by Advanced Air Mobility (AAM) types of aircraft now in development are included with the helicopter total. The FAA anticipates that AAM-type aircraft will be in wide use nationally by the latter part of the forecasting period. These calculations result in the 20-year forecast of 84,000 total annual operations used in this ALUCP (Exhibit 7-4).
The principal function of aircraft operations forecasts in airport land use compatibility planning is to serve as inputs for preparation of airport noise contours. The 2007 AMP forecast numbers anticipated the continuation of the Japan Airlines Pilot Training Facility, along with other strong growth factors, and projected Napa County Airport’s activity to increase from base year operations count of 126,000 to a total of 260,000 in 20 years. The latter number (2007 AMP 20-year forecast) was used to produce the projected noise contours included in the 2007 AMP. Despite the 2007 AMP forecast being three times greater than the forecast for this ALUCP, shown in Exhibit 7-4, the associated noise contours still appear reasonable for use in this ALUCP. The key factor in this regard is that training operations by single-engine airplanes contributed heavily to the 260,000 operations in the 2007 AMP 20-year forecast, whereas the 20-year forecast for this ALUCP anticipates stronger business jet and helicopter/AAM growth. As noise levels produced by these aircraft types can vary from a little bit louder to significantly louder than those produced by piston aircraft, noise contours derived from an updated 20-year forecast of 84,000 operations are anticipated to be similar to the 2007 AMP forecast of 260,000-operations contours, particularly in parts of the airport environs where noise impacts are a compatibility concern.
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CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Also, for land use compatibility planning purposes, overestimating airport noise impacts is preferrable to underestimating them. Therefore, use of the 2007 AMP’s 260,000- operations noise contours in this ALUCP is considered appropriate.
7.2.4 Advanced Air Mobility at Napa County Airport: Advanced Air Mobility (AAM) refers to an air transportation system that integrates new electric vertical takeoff and landing (eVTOL) aircraft into current and modified airspace operations. AAM includes diverse aircraft configurations, use cases (air taxi, cargo, emergency response), and business models to meet the broad needs of the traveling public, consumers, air carrier and cargo operators, and other stakeholders. The Federal Aviation Administration (FAA) is working with industry partners to certify these new aircraft, establish vertiport design guidance, and define safety standards to enable safe, efficient, and secure integration into the national airspace system. While the industry is still in the development stage, these aircraft may begin operations as soon as 2028 in certain U.S. locations. 80 California-based AAM operators are contemplating Napa County Airport as an early part of their air taxi network (scheduled and on-demand services). As such, airport management is making plans to provide supporting infrastructure and facilities to enable AAM operations at the airport. As shown in Exhibit 7-1, the key components of AAM planning at Napa County Airport include:
(a) Landing and Takeoff: eVTOL aircraft are anticipated to operate like helicopters, in that they can take off, hover, and land vertically, or like a small fixed-wing aircraft operating from a short runway. Runway 1R/19L, the short east-side parallel runway, would be designated to support future AAM operations. An aiming point would be established about midfield to serve as a visual aiming point for a landing aircraft. eVTOL aircraft are anticipated to follow current helicopter routes and use existing visual approaches to Runway 1R or Runway 19L ends or approach/depart at a right angle to the aiming point. From there, eVTOL aircraft could ground or hover taxi along existing taxiways or take a more direct route from the aiming point to parking areas. As AAM operational tempos increase in speed and intensity, a dedicated vertipad (landing/takeoff area) would be established through the FAA’s Airport Layout Plan (ALP) process.
(b) Parking and Charging Infrastructure: eVTOL aircraft parking and charging stations would be positioned at the north end of the apron in front of the former Japan Airlines training facility. The location has adequate power capacity to accommodate two Direct Current Fast Charging (DCFC) stations, either with one double-head or two single-head chargers. Two parking positions would be established adjacent to the chargers, each one containing a 50-foot square parking spot with a 100-foot separation distance between.
80 Federal Aviation Administration, Advanced Air Mobility (AAM) Implementation Plan (July 2023). 1090
BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-5 EXHIBIT 7-1: KEY COMPONENTS OF AAM PLANNING AT NAPA COUNTY AIRPORT Source: Mead & Hunt, Inc. 2024
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CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) As with any emerging technology, the potential impact of the technology (both positive and negative) is not yet known. However, the FAA, industry stakeholders, and other government agencies are assessing eVTOL characteristics to better understand potential impacts such as noise, safety, security, environmental, and public benefit. As it relates to airport land use compatibility planning, the following insights are provided:
(a) Noise: eVTOL-capable aircraft are anticipated to have similar performance characteristics to helicopters (e.g., take off, hover, and land vertically like helicopters).
81 A key distinction, however, is that eVTOLs are being designed to be quieter in certain phases of flight. 82
(b) Overflight: It is anticipated that cruise altitude for most UAM operations will be at least 1,500 feet above ground level (AGL). 83
(c) Safety: eVTOL aircraft will initially have a pilot-on-board then move towards semiautonomous (pilot controlled) and fully autonomous operations. 83 No accident data exists for these new vehicles.
(d) Airspace: It is expected that eVTOL aircraft will operate under Visual Flight Rules within existing or modified airspace operations. 81
7.3 SURROUNDING LAND USES
Napa County Airport is situated in an unincorporated area of southern Napa County between the Cities of Napa and American Canyon. The airport was once surrounded by little other than agricultural and wetlands; however, over the last 30 years, extensive light industrial, warehousing, and business park uses have been developed east of the airport along Highway 29.
Today, surrounding lands contain a mixture of agricultural and wetlands to the west and southwest and industrial land uses to the north, east, and southeast.
Within the City of Napa to the north and northwest, land use designations include agricultural, hospitality, commercial, business park, and the Napa Pipe mixed-use planned development (north of Highway 29). Planned land uses reflect existing land use patterns.
The City of American Canyon, which was incorporated in 1992, has experienced more industrial development immediately south of the airport. Vacant land remains available for industrial development in this area. The nearest residential uses are approximately two miles south of the airport property.
The airport has few noise complaints. The complaints that do occur are generally to the west in unincorporated Napa County along Milton Road. This area is subject to frequent overflight by aircraft operating southwest of the airfield. Noise complaints also occur to the north within the City of Napa and appear to result from times when the traffic pattern extends farther from the airport because of high traffic volume, or perhaps from aircraft on a low-altitude circling approach to Runway 19R. Nearby uses remain largely compatible with airport activities. 81 Federal Aviation Administration, Engineering Brief No. 105, Vertiport Design (September 2022). 82 Airport Noise Report, Volume 35, Number 17 (May 2023). 83 NASA, UAM Vision Concept of Operations (ConOps) UAM Maturity Level (UML) 4, Version 1.0 (January 2021). 1092
BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-7
7.4 EXHIBITS
The following exhibits illustrate the compatibility factors and background information which serve as the basis for this ALUCP.
▪ Exhibit 7-2: Airport Features Summary―Summarizes information pertaining to the airport configuration, operational characteristics, and applicable planning documents. ▪ Exhibit 7-3, Exhibit 7-4: FAA-Approved Airport Layout Plan and Data Sheet―Present the 2016 FAA-approved ALP depicting the airport configuration and airport building areas. ▪ Exhibit 7-5: Airport Activity Summary―Summarizes existing and forecast activity levels for the airport provided in the 2007 Master Plan, as adjusted by airport management. ▪ Exhibit 7-6, Exhibit 7-7, Exhibit 7-8, and Exhibit 7-9: Compatibility Factors―Depict the extents of the four compatibility factors upon which the compatibility zones for Napa County Airport were derived. The four compatibility factors are defined by:
- Noise―Future noise contours reflecting a forecasted aircraft activity level of 260,000 annual operations.
- Overflight―Primary traffic patterns reflecting where aircraft and helicopters operating at Napa County Airport routinely fly.
- Safety―Generic safety zones, as provided in the California Airport Land Use Planning Handbook (October 2011), are applied to each runway as follows: Long General Aviation Runway Zones apply to Runway 1L/19R (primary) given the runway’s use by business jets; Short General Aviation Runway Zones apply to existing Runway 1R/19L (parallel) and Runway 6-24 (crosswind); Medium General Aviation Runway Zones apply to future Runway 1R/19L (parallel) to reflect the proposed runway extension. - Airspace Protection―FAA notification and obstruction surfaces as defined by Code of Federal Regulation (CFR) Part 77, Safe, Efficient Use, and Preservation of the Navigable Airspace. - Compatibility Zones―Policy zones developed for this ALUCP will be based on the above four factors. Airport-specific considerations used to develop these zones will be summarized in Chapter 5.
▪ Exhibit 7-10 and Exhibit 7-11: Flight Track Heat Maps―These maps show relative frequency of aircraft flight track density around Napa County Airport based on radar data.
Exhibit 7-10 reflects flight track data for a full year from July 1, 2023, to June 30, 2024.
Exhibit 7-11 presents flight track data segregated to reflect arrivals and departures separately for a representative quarter to reflect operational and seasonal variations in flight patterns. ▪ Exhibit 7-12: Airport Environs Information―Summarizes information about current and planned land uses in the environs of the Napa County Airport. Airport land use compatibility policies contained in the county’s and cities’ general plans are also summarized. ▪ Exhibit 7-13 and Exhibit 7-14: General Plan Land Use Designations―Show planned land use designations as reflected in the 2008 General Plan for Napa County, the 2022 General Plan for the City of Napa, and the 1994 General Plan for the City of American Canyon.
Planned city land use designations for the unincorporated areas within the cities’ spheres of influence are consistent with the county’s designations shown on the map. ▪ Exhibit 7-15: Aerial―Presents a 2023 aerial photo of the airport environs. 1093
CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-9 EXHIBIT 7-2: AIRPORT FEATURES SUMMARY
GENERAL INFORMATION a
▪ Airport Ownership: County of Napa
▪ Property Size
- Fee title: 820.5 acres
- Avigation easements: 18.6 acres; future 32.2 acres
▪ Airport Classification: General Aviation
▪ Airport Elevation: 35.5 ft. MSL (surveyed)
RUNWAY/TAXIWAY DESIGN a
Runway 1L-19R
▪ Runway Design Code: C-II-4000; future: C-III-2400
▪ Critical Aircraft: Gulfstream III; future: Global Express ▪ Dimensions: 5,930 ft. long, 150 ft. wide
▪ Runway OFA Width: 800 ft.
▪ Pavement Strength (main landing gear configuration)
- Current: 30,000 lbs. (single-wheel), 50,000 lbs. (dualwheel), 120,000 lbs. (dual-tandem-wheel) - Future: 85,000 / 110,000 / 176,000
▪ Effective Gradient: 0.25%
▪ Runway Lighting:
- Current: Medium-Intensity Runway Edge Lighting
(MIRL); Runway 1L Medium-Intensity Approach
Lighting System (MALS)
- Future: High-Intensity Runway Edge Lighting (HIRL)
▪ Runway Markings:
- Runway 1L: precision
- Runway 19R: non-precision
Runway 1R-19L
▪ Runway Design Code: B-I (small)-VIS; future: C-III-2400 ▪ Critical Aircraft: Piper PA-28R; future: no change
▪ Dimensions:
- Current: 2,510 ft. long, 75 ft. wide
- Future: 4,301 ft. long, 75 ft. wide
▪ Runway OFA Width: 250 ft.
▪ Pavement Strength (main landing gear configuration)
- 12,500 lbs. (single-wheel)
▪ Effective Gradient: 0.34%
▪ Runway Lighting: None
▪ Runway Markings:
- Runway 1R: visual
- Runway 19L: visual
Runway 6-24
▪ Runway Design Code: C-II-5000; future: C-III-5000
▪ Critical Aircraft: Gulfstream III; future: Global Express ▪ Dimensions: 5,007 ft. long, 150 ft. wide
▪ Runway OFA Width: 734 ft.
▪ Pavement Strength (main landing gear configuration)
- Current: 30,000 lbs. (single-wheel), 50,000 lbs. (dualwheel), 120,000 (dual-tandem-wheel) - Future: 85,000 / 110,000 / 176,000
▪ Effective Gradient: 0.44%
▪ Runway Lighting:
- Medium-Intensity Runway Edge Lighting (MIRL)
▪ Runway Markings:
- Runway 6: non-precision
- Runway 24: non-precision
APPROACH PROTECTION a
Runway Protection Zones (RPZs)
▪ Runway 1L:
- Based on C-II with visibility min. ¾ mile
- Width 1,000 ft. inner, 1,510 ft. outer; length 1,700 ft. - Less than 5% extends beyond airport property
▪ Runway 19R:
- Based on C-II visual
- Width 500 ft. inner, 1,010 ft. outer; length 1,700 ft. - Less than 5% extends beyond airport property
▪ Runway 1R:
- Based on B-I visual
- Width 250 ft. inner, 450 ft. outer; length 1,000 ft.
- All on airport property
▪ Runway 19L:
- Based on B-I visual
- Width 250 ft. inner, 450 ft. outer; length 1,000 ft.
- All on airport property
▪ Runway 6:
- Based on C-II with >1 mile visibility
- Width 500 ft. inner, 1,010 ft. outer; length 1,700 ft. - Mostly beyond airport property
▪ Runway 24:
- Based on C-II with >1 mile visibility
- Width 500 ft. inner, 1,010 ft. outer; length 1,700 ft. - Approximately 50% beyond airport property.
Approach Obstacles
▪ All Runways: None
BUILDING AREA a/c
Locations
▪ Area east of Taxiway A:
- Airport administrative office, pilot shop, restaurant - FBOs and flight training facilities
- Transient and based aircraft tiedowns
- Hangars of various shapes and sizes
▪ Area south of Runway 6/24:
- California Highway Patrol (CHP) facility
- FAA Air Traffic Control Facility
- Box hangars
Services
▪ Transient Aircraft Parking
▪ On-Airport Restaurant
▪ Aircraft Fuel: 100LL and Jet A
▪ Charter Services
▪ Aircraft Sales & Maintenance
▪ Aircraft Management
▪ Ground Transportation
Continued on next page
1095
CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
TRAFFIC PATTERNS AND APPROACH
PROCEDURES
Airplane Traffic Patterns b
▪ Runway 1L: Left traffic
▪ Runway 19R: Right traffic
▪ Runway 1R: Right traffic
▪ Runway 19L: Left traffic
▪ Runway 6: Left traffic
▪ Runway 24: Left traffic
▪ Pattern Altitude: 1,033 MSL
Helicopter/AAM Traffic Patterns c
▪ Operate on Runway 1L/19R
Instrument Approaches d
▪ Runway 1L ILS or LOC Z:
- ILS Straight-in – 200 ft. AGL Min. Descent Altitude; ¾ mile Visibility
- LOC Straight-in (Category A/B) – 500 ft. AGL Min.
Descent Altitude; ¾ mile Visibility
- LOC Straight-in (Category C/D) – 500 ft. AGL Min.
Descent Altitude; 11/8 mile Visibility
- Circling (Category A/B) – 1 mile Visibility; 600 ft. Min.
Descent Altitude (Cat. A), 700 ft. (Cat. B)
- Circling (Category C/D) – 1,300 ft. AGL Min. Descent
Altitude; 3 mile Visibility
▪ Runway 19R RNAV (GPS):
- LNAV with Final Approach Course offset 20 westward
Category A/B – 650 ft. AGL Min. Decent Altitude; 1 mile Visibility Category C/D – 650 ft. AGL Min. Decent Altitude; 1-7/8 mile Visibility
- Circling
Category A/B – 644 ft. AGL Min. Decent Altitude; 1 mile Visibility Category C – 1,244 ft. AGL Min. Decent Altitude; 3 mile Visibility Category D – 1,264 ft. AGL Min. Decent Altitude; 3 mile Visibility ▪ Runway 1L RNAV (GPS) Y:
- LPV Straight-in – 1,300 ft. AGL Min. Descent Altitude; 5 mile Visibility
- LNAV/VNAV Straight-in – 1,100 ft. AGL Min. Descent
Altitude; 4 mile Visibility
- LNAV Straight-in (Category A/B) – 1,300 ft. AGL Min.
Descent Altitude; 1 mile Visibility (Cat. A), 1¼ (Cat. B) - LNAV Straight-in (Category C/D) – 1,300 ft. AGL Min.
Descent Altitude; 3 mile Visibility
- Circling – 1,300 ft. AGL Min. Descent Altitude; 1¼ mile Visibility (Cat. A), 1½ (Cat. B), 3 (Cat. C/D)
▪ Runway 1L RNAV (GPS) Z:
- LPV Straight-in –200 ft. AGL Min. Descent Altitude; ¾ mile Visibility
- LNAV/VNAV Straight-in – 300 ft. AGL Minimum Descent
Altitude; ¾ mile Visibility
- LNAV Straight-in – 600 ft. AGL Minimum Descent
Altitude; ¾ mile Visibility (Category A/B), 13/8 (Cat. C/D) ▪ Runway 6 RNAV (GPS):
- LNAV Straight-in with minimum missed approach climb
rate 410 ft./n.m. – 500 ft. AGL Minimum Descent
Altitude; 1 mile Visibility (Category A/B), 13/8 (Cat. C/D) ▪ Runway 6 VOR:
- 050° Alignment – 1,100 ft. AGL Min. Descent Altitude; 1¼ mile Visibility (Category A), 1½ (Cat. B), 3 (Cat. C/D) - Circling (Category A/B) – 1,000 ft. AGL Min. Descent
Altitude; 1¼ mile Visibility (Category A), 1½ (Cat. B)
Circling (Category C/D) – 3 mile visibility; 1,300 ft. AGL Min.
Descent Altitude
Visual Navigational Aids a
▪ Airport: Rotating Beacon
▪ Runway 1L: Medium Intensity Approach Lights (MALS)
▪ Runway 19R: Precision Approach Path Indicator (PAPI)
▪ Runway 1R: None
▪ Runway 19L: None
▪ Runway 6: Runway End Identifier Lights (REILS)
▪ Runway 24: None
AIRPORT PLANNING DOCUMENTS
Airport Master Plan
▪ Adopted by County of Napa, March 2007
Airport Layout Plan
▪ Approved by FAA May 2016
PROPOSED FACILITY IMPROVEMENTS a
Airfield
▪ Southeastward extension of Runway 1R-19L from 2,510
feet to 4,301 feet
▪ Extension of RSA for Runway Ends 1L and 19R to meet
FAA requirements
▪ Expansion of RPZ for Runway Ends 1L and 19R
▪ Change of CFR Part 77 Approach Category
- Rwy 19R from Visual [B(V)] to Non-precision [D]
- Rwy 24 from Visual [B(V)] to Non-precision [C]
▪ Change of CFR Part 77 Slope
- Rwy 19R from 20:1 to 34:1
- Rwy 24 from 20:1 to 34:1
▪ Change of Approach Visibility Minimums
- Rwy 19R from Visual to ¾-mile (4,000 ft.)
- Rwy 1L from ¾-mile (4,000 ft.) to ½-mile (2,400 ft.)
- Rwy 24 from Visual to >1 Mile (5,000 ft.)
▪ Expansion of ROFA
- Rwy 19R from 654 ft. to 1,000 ft.
- Rwy 1L from 491 ft. to 1,000 ft.
- Rwy 6 from 275 ft. to 1,000 ft.
▪ Visual Aids
- Rwy 1L from MALS to MALSR/PAPI
- Rwy 6 from none to PAPI
- Rwy 24 from none to PAPI
Notes:
a Napa County Airport, Airport Layout Plan, April 2016
b County of Napa, Flight Planning, March 2023. (https://www.countyofnapa.org/1012/Flight-Planning) c Napa County Airport, Master Plan, March 2007 and discussions with Airport Manager d FAA Airport Data and Information Portal, Instrument Approach Procedures, March 2023 (https://adip.faa.gov/agis/public/ #/airportCharts/APC)
Source: data compiled by Mead & Hunt, 2024
1096
BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-11 EXHIBIT 7-3: FAA-APPROVED AIRPORT LAYOUT PLAN (ALP)
Mead & Hunt, Inc., 2016
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CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT 7-4: FAA-APPROVED ALP – DATA SHEET
Mead & Hunt, Inc., 2016
1098
BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-13 EXHIBIT 7-5: AIRPORT ACTIVITY SUMMARY
BASED AIRCRAFT a
Current Future
Aircraft Type
Single-Engine 183 260
Twin-Engine 19 24
Turboprop 13 30
Business jet 7 20
Helicopter/AAMc 2 6
Total 224 340
AIRCRAFT OPERATIONS a
Current Future
ALUCP Total
Annual 68,900 84,000
Average Day 188 230
2007 AMP Total (noise contours) b
Annual 126,000 260,000
Average Day 345 712
Distribution by Aircraft Type
Single-Engine 63% 45%
Twin-Engine 2% 0%
Turboprop 5% 2%
Business Jet 25% 38%
Helicopter/AAMc 5% 15%
Distribution by Type of Operation
Local (incl. touch-and-goes) 40% no change
Itinerant 60% no change
TIME OF DAY DISTRIBUTION b
Current Future
Single-Engine
Day (7 am to 7pm) 95% no change
Evening (7 pm to 10 pm) 4% no change
Night (10 pm to 7 am) 1%
Twin-Engine
Day (7 am to 7pm) 97% no change
Evening (7 pm to 10 pm) 2% no change
Night (10 pm to 7 am) 1% no change
Turboprop
Day (7 am to 7pm) 97% no change
Evening (7 pm to 10 pm) 2% no change
Night (10 pm to 7 am) 1% no change
Business Jet
Day (7 am to 7pm) 99% no change
Evening (7 pm to 10 pm) 1% no change
Night (10 pm to 7 am) 0% no change
Helicopter/AAMc
Day (7 am to 7pm) 75% no change
Evening (7 pm to 10 pm) 16% no change
Night (10 pm to 7 am) 9% no change
RUNWAY USE DISTRIBUTION b
Current Future
Single-Engine
Takeoffs and Landings
Day, Evening, Night
Runway 19R 60% no change
Runway 1L 2.5% no change
Runway 19L 20% no change
Runway 1R 0.5% no change
Runway 6 2% no change
Runway 24 15% no change
Twin-Engine
Takeoffs and Landings
Day, Evening, Night
Runway 19R 60% no change
Runway 1L 2.5% small
increase
Runway 19L 20% small
increase
Runway 1R 0.5% no change
Runway 6 20% no change
Runway 24 15% no change
Turboprop
Takeoffs and Landings
Day, Evening, Night
Runway 19R 75% no change
Runway 1L 5% no change
Runway 6 5% no change
Runway 24 15% no change
Business Jet
Takeoffs and Landings
Day, Evening, Night
Runway 19R 75% no change
Runway 1L 5% no change
Runway 6 5% no change
Runway 24 15% no change
Helicopter/AAMc
Takeoffs and Landings
Day, Evening, Night
Helipad 100% no change
Continued on next page
1099
CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-14 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) FLIGHT TRACK USAGE b
Takeoffs Straight
Out
Right
Turn
Left
Turn
Current Distributions
No Future Changes
Single-Engine
Runway 1L 80% 20%
Runway 19R 50% 30% 20%
Runway 1R 100%
Runway 19L 50% 30% 20%
Runway 6 70% 15% 15%
Runway 24 40% 20% 40%
Twin-Engine
Runway 1L 80% 20%
Runway 19R 50% 30% 20%
Runway 1R 100%
Runway 19L 50% 30% 50%
Runway 6 70% 15% 15%
Runway 24 40% 20% 40%
Turboprop
Runway 1L 30% 70%
Runway 19R 20% 60% 20%
Runway 1R 100%
Runway 19L 20% 60% 20%
Runway 6 70% 15% 15%
Runway 24 40% 20% 40%
Business Jet
Runway 1L 100%
Runway 19R 100%
Runway 1R
Runway 19L
Runway 6 100%
Runway 24 100%
Helicopter/AAMc
Runway 1R/19L 100%c
Landings Straight
In
Right
Turn
Close-In
Right Turn
Left
Turn
Current Distributions
No Future Changes
Single-Engine
Runway 1L 100%
Runway 19R 20% 40% 40%
Runway 1R 100%
Runway 19L 20% 80%
Runway 6 100%
Runway 24 20% 40% 40%
Twin-Engine
Runway 1L 100%
Runway 19R 10% 40% 50%
Runway 1R 100%
Runway 19L 20% 80%
Runway 6 100%
Runway 24 10% 40% 50%
Turboprop
Runway 1L 100%
Runway 19R 20% 60% 20%
Runway 1R
Runway 19L
Runway 6 100%
Runway 24 20% 60% 20%
Business Jet
Runway 1L 100%
Runway 19R 100%
Runway 1R
Runway 19L
Runway 6 100%
Runway 24 100%
Helicopter/AAMc
Runway 1R/19L 100%c
Notes:
a Napa County Airport Master Plan, March 2007. Table 2A, Master Plan Activity Forecasts b Napa County Airport Master Plan, March 2007. Appendix E, Noise Model Calculation Data c Future Advanced Air Mobility (AAM) operations anticipated to occur on 1R/19L. See Section 7.2.4.
Source: data compiled by Mead & Hunt, 2023
1100
BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-15 EXHIBIT 7-6: COMPATIBILITY FACTOR – NOISE
Mead & Hunt, Inc., 2024
NAPA COUNTY AIRPORT
1101
CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-16 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT 7-7: COMPATIBILITY FACTOR – OVERFLIGHT
Mead & Hunt, Inc., 2024
NAPA COUNTY AIRPORT
1102
BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-17 EXHIBIT 7-8: COMPATIBILITY FACTORS – SAFETY
Mead & Hunt, Inc., 2024
NAPA COUNTY AIRPORT
1103
CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-18 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT 7-9: COMPATIBILITY FACTOR – AIRSPACE PROTECTION Mead & Hunt, Inc., 2024
NAPA COUNTY AIRPORT
1104
BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-19 EXHIBIT 7-10: FLIGHT TRACK HEAT MAP – FULL YEAR
Mead & Hunt, Inc., 2024
NAPA COUNTY AIRPORT
1105
CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-20 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT 7-11: FLIGHT TRACK HEAT MAP – ARRIVALS AND DEPARTURES REPRESENTATIVE QUARTER Mead & Hunt, Inc., 2024
NAPA COUNTY AIRPORT
1106
BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-21 EXHIBIT 7-12: AIRPORT ENVIRONS INFORMATION
AIRPORT SITE a
Location
▪ Southern Napa County between Cities of Napa and
American Canyon
▪ Access via Airport Road 1 mile west of State Highways 12/29 intersection
Topography
▪ Situated in southern end of Napa Valley with low hills to east and west
▪ Elevations range from 5 feet along the Napa River to
1,400 feet along the eastern county line
▪ Tidally influenced salt marshes located along northern and western edges of airport
AIRPORT ENVIRONS LAND USE
JURISDICTIONS a
County of Napa
▪ Runway approaches and traffic pattern over
unincorporated Napa County
City of Napa
▪ 5 miles south of Napa city center
▪ City sphere of influence extends within 1 mile north-west of airport
City of American Canyon
▪ Airport borders north side of City of American Canyon EXISTING AIRPORT AREA LAND USES b
General Character
▪ Industrial/business park area to east
▪ Developing industrial/business park to south
▪ Agricultural and watershed lands to west
▪ Napa Sanitation District lands adjoin airport to north ▪ Scattered industrial uses to the east and south.
Runway Approaches
▪ Northeast Approach: Industrial, agricultural, water
treatment facility
▪ Southwest Approach: Agricultural, watershed
▪ West Approach: Agriculture, watershed
▪ East Approach: Industrial/business park
PLANNED AIRPORT AREA LAND USES
County of Napa
▪ Future industrial business park planned for adjoining areas north, east, and south
▪ Potential mixed use planned development for area
northwest of airport within the City of Napa
▪ Agricultural and open space designated at periphery of planning area
City of Napa
▪ Public Serving land uses planned east of airport
City of American Canyon
▪ Industrial land uses planned south of airport
STATUS OF COMMUNITY PLANS
County of Napa
▪ General Plan, adopted June 2008
▪ Napa County Land Use Map (2008-2030), revised
December 2016
City of Napa
▪ General Plan, adopted October 2022
▪ Downtown Specific Plan, adopted May 2012
▪ Airport Industrial Area Specific Plan (AIASP), adopted July 1986
▪ City of Napa Municipal Code, Title 17 – Zoning, Chapter
17.34: AC – Airport Compatibility Overlay District
City of American Canyon
▪ General Plan, adopted November 1994
ESTABLISHED AIRPORT COMPATIBILITY
MEASURES
County of Napa - General Plan d
▪ Agricultural Preservation and Land Use Element
- AIASP details land use and circulation standards for
Industrial near Napa County Airport (Policy AG/LU-38).
- Use zoning to ensure that land uses in airport approach zones comply with applicable ALUC policies. If
necessary, County shall acquire development rights in
airport approach zones (Policy AG/LU-49).
- Refer General Plan land use changes, proposed
rezonings, and proposed developments in Airport
Approach Zones to Napa County ALUC for review and
comment (Action Item AG/LU 49.1).
- New land uses in the South County Industrial Area shall be compatible with or buffered from adjacent industrial uses and consistent with the ALUCP for Napa County
Airport (Policy AG/LU-95).
- Airport Industrial Area is planned for industrial and business/industrial park uses that support agriculture
(Policy AG/LU-96).
- New school facilities shall not be located within two miles of an airport unless approved by the State
Department of Education (Policy AG/LU-123).
- New churches or institutions providing religious
instruction shall not be located within proximity to an airport, unless they are located in an area where
residential uses would be compatible under the
applicable ALUCP (Policy AG/LU-124).
▪ Circulation Element
- County shall work with Napa County Transportation and Planning Agency to develop effective connections
between public transit in Napa County (Policy CIR-31).
- Maintain Napa County Airport as a General Aviation
facility and avoid land use conflicts via land use
compatibility planning (Policy CIR-38).
- County supports runway and other technological
improvements to Napa County Airport to improve its
safety and usefulness as a civil aviation center (Policy CIR-39).
- County shall review Circulation Element periodically to ensure it embraces future technological innovations that improve … airport operations (Policy CIR-41).
Continued on next page
1107
CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-22 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) ▪ Community Character Element
- Development in the area covered by any ALUCP shall
be consistent with noise levels projected for the airport (Policy CC-45).
- County shall use avigation easements, disclosure
statements, and other appropriate measures to ensure
that residents and businesses within any airport
influence area are informed of the presence of the
airport and its potential for creating current and future noise (Action CC-45.1).
▪ Economic Development Element
- Ancillary uses in the Airport Industrial Area shall be limited to locally-serving (i.e., business park supporting) uses, with regard to both nature and extent, as specified in the AIASP (Policy E-10).
▪ Housing Element (2014)
- Napa Pipe Site has a realistic capacity of 700-945
housing units on 43.5-acre portion of the site located
north of the airport (Page H-45).
▪ Recreation and Open Space Element
- County to plan for and reserve land for recreational
facilities (i.e., recreational alignment of San Francis-co Bay Trail between American Canyon and Napa adjacent
to tidal wetlands west of airport.) (Policy ROS-15).
▪ Safety Element
- For maximum safety, all land uses and zoning within
airport areas shall be reviewed for compatibility with the adopted plans for the airport and other general aviation facilities in the county (Policy SAF-33).
City of American Canyon - General Plan h
▪ Land Use Element
- Ensure compatibility of development within American
Canyon with airport (Goal 1N)
- Associated Policies: 1.27.2-1.27.7
▪ Economic Element
- Work with County and LAFCOM to modify City’s sphere
to include areas on north side of Green Island Road and south of airport for future industrial development (Policy
3.5.2).
▪ Noise Element
- Restrict development of uses located within the 65
CNEL contour to industrial, agricultural, or other open space uses (Policy 11.4.1).
- Require that development in the vicinity of Napa County Airport comply with noise standards in the ALUCP
(Policy 11.4.2).
- Work with airport to ensure airport’s operations do not generate adverse noise conditions in the City of
American Canyon (Policy 11.4.3).
City of Napa - General Plan e
▪ Air, Water, Truck, and Rail Transport
- Coordinate with Napa County and other agencies to
continue safe and efficient operation of the Napa County Airport (Goal TE-8).
- Promote the expansion of airport services to connect
major airports to Downtown via rail or shuttle services (Goal TE 8-1).
▪ Other Public Safety and Hazards
- Consider long-term compatibility between proposed new land uses and Napa County Airport.
▪ Airport Industrial Area Specific Plan
- General Goal 3. Provide a specific plan which is
compatible with operations, plans and development
policies of airport.
- Economic Goal 5. Establish land use and circulation
policies for the planning area which will enhance the
potential of airport.
- Land Use Goal 2. Maintain compatibility between
planning area land uses and Napa County Airport
activities.
- Land Use Goal 5.g. Organize the planning area into
various land use components distinguished by proximity
to existing planning area features including the airport. - Land Use Goal 11. Limit commercial activities in the
planning area to those businesses which are directly
related to needs generated by airport.
- Land Use Goal 12. Where warranted, establish special
noise abatement criteria for areas that fall within the 55 dB (CNEL) noise contour of airport.
- Land Use Goal 14. Retain planning area lands adjacent and convenient to airport for air transport related
industrial activities.
- Internal Improvements Goal 3.g. Provide a circulation system configuration in the airport vicinity for safe and convenient taxiway links to the airport.
- Aviation Goal 4.a. Require that land uses surrounding the airport be compatible with airport activity and the ALUCP.
- Aviation Goal 4.b. Place a total prohibition on urban development in designated airport approach Clear
Zones.
- Aviation Goal 4.c. In the AIA, place special restrictions on development to reduce safety and noise conflicts
between aviation activity and industrial activity.
- Aviation Goal 4.d. Provide for future private construction of aircraft taxiways between Napa County Airport and
adjacent industrial sites.
City of Napa - Title 17 – Zoning, Chapter 17.34: AC –
Airport Compatibility Overlay District
▪ Protect public health, safety, and welfare within the land use compatibility zones of Napa County Airport identified by the ALUCP (17.34.020 Purpose).
▪ May overlay or be combined with any zoning district
consistent with the purpose and provisions of this district (17.34.030 Designation).
Notes:
a Napa County Airport, Master Plan, March 2007
b Napa County Airport Land Use Compatibility Plan, Adopted April 22, 1991, Revised December 15, 1999
c Napa County Land Use Plan Map, December 20, 2016
d Napa County General Plan, June 2008
e City of Napa General Plan, October 2022
f Airport Industrial Area Specific Plan, July 1968 (Amended through October 2013)
g City of Napa, General Plan, October 2022
h City of American Canyon, General Plan, November 1994
Source: data compiled by Mead & Hunt, 2023.
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BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-23 EXHIBIT 7-13: GENERAL PLAN LAND USE DESIGNATIONS – COUNTY OF NAPA Mead & Hunt, Inc., 2024
NAPA COUNTY AIRPORT
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CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-24 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT 7-14: GENERAL PLAN LAND USE DESIGNATIONS – CITY OF NAPA AND CITY OF AMERICAN CANYON Mead & Hunt, Inc., 2024
NAPA COUNTY AIRPORT
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BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS CHAPTER 7 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 7-25 EXHIBIT 7-15: AERIAL
Mead & Hunt, Inc., 2024
NAPA COUNTY AIRPORT
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CHAPTER 7 BACKGROUND DATA FOR NAPA COUNTY AIRPORT AND ENVIRONS 7-26 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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Appendix A
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-1 Appendix A State Laws Related to Airport
Land Use Planning
STATE LAW S R ELATED TO AIRPORT LAND USE PLANNIN G
TABLE OF CONTENTS
(as of August 2023)
Aeronautics Law
Public Utilities Code Sections
21670 – 21679.5 Airport Land Use Commission...............................................................A-5 (complete article)
21402 – 21403 Regulation of Aeronautics......................................................................A-19 (excerpts pertaining to rights of aircraft flight)
21655, 21658, 21659 Regulation of Obstructions....................................................................A-20 (excerpts)
21661.5, 21664.5 Regulation of Airports............................................................................A-22 (excerpts pertaining to approval of new airports and airport expansion) 21208 Department of Transportation..............................................................A-23 Planning and Zoning Law
Government Code Sections
65302.3 Authority for and Scope of General Plans..........................................A-24 (excerpts pertaining to general plans consistency with airport land use plans) 65589.5 (d) Housing Elements..................................................................................A-25 (excerpts)
65912.110 – 65912.114 Affordable Housing Developments in Commercial Zones.............A-27 (excerpts)
65912.120 – 65912.123 Mixed-Income Housing Developments Along Commercial Corridors.................................................................... A-34 (excerpts)
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APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-2 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 65943 – 65945.7 Application for Development Projects................................................A-42 (excerpts referenced in State Aeronautics Act)
66030 – 66031 Mediation and Resolution of Land Use Disputes..............................A-47 66412 – 66412.1 General Provisions and Definitions.....................................................A-49 (excerpts applicable to ALUC decisions)
66455.9 School Site Review..................................................................................A-52 (excerpts applicable to ALUCs)
65852.21, 65852.24 Adoption of Regulations........................................................................A-53 (excerpts)
66314, 66316, 66321 Accessory Dwelling Unit Approvals....................................................A-65 (excerpts)
66333, 66335 Junior Accessory Dwelling Units..........................................................A-69 (excerpts)
Education Code Sections
17215 School Facilities, General Provisions...................................................A-71 (excerpts pertaining to Department of Transportation review of elementary and secondary school sites)
81033 Community Colleges, School Sites.......................................................A-73 (excerpts pertaining to Department of Transportation review of community college sites)
Health and Safety Code Sections
1597.40 – 1597.46 Licensing Provisions, Family Day Care Homes.................................A-75 (excerpts)
50710.1 Special Housing Program for Migratory Workers..............................A-79 (excerpt)
California Environmental Quality Act Statutes
Public Resources Code Section
21096 California Environmental Quality Act, Airport Planning.................A-82 (excerpts pertaining to projects near airports)
Business and Professions Code Section
11010 Regulation of Real Estate Transactions, Subdivided Lands.............A-83 (excerpts regarding airport influence area disclosure requirements) Civil Code Sections
1103 – 1103.4 Disclosure of Natural Hazards upon Transfer of Residential Property ................................................................................A-84 1353 Common Interest Developments.........................................................A-89 (excerpts regarding airport influence area disclosure requirements) 1114
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-3 Napa County Code of Ordinances
Title 18. Zoning
Chapter 18.104.300 Farmworker housing...............................................................................A-90 California Energy Commission
Title 24, Part 6; 2022 Building Energy Efficiency Standards Section 110.10 Mandatory Requirements for Solar Readiness....................................A-92 Legislative History Summary
Public Utilities Code
Section 21670 et seq. Airport Land Use Commission Statutes..............................................A-96 1115
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-5
AERONAUTICS LAW
PUBLIC UTILITIES CODE
D9(P1) – CH4(3.5)
Division 9–Aviation
Part 1–State Aeronautics Act
Chapter 4–Airports and Air Navigation Facilities
Article 3.5–Airport Land Use Commission
21670 Creation; Membership; Selection
(a) The Legislature hereby finds and declares that:
(1) It is in the public interest to provide for the orderly development of each public use airport in this state and the area surrounding these airports so as to promote the overall goals and objectives of the California airport noise standards adopted pursuant to Section 21669 and to prevent the creation of new noise and safety problems. (2) It is the purpose of this article to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses. (b) In order to achieve the purposes of this article, every county in which there is located an airport which is served by a scheduled airline shall establish an airport land use commission. Every county, in which there is located an airport which is not served by a scheduled airline, but is operated for the benefit of the general public, shall establish an airport land use commission, except that the board of supervisors of the county may, after consultation with the appropriate airport operators and affected local entities and after a public hearing, adopt a resolution finding that there are no noise, public safety, or land use issues affecting any airport in the county which require the creation of a commission and declaring the county exempt from that requirement.
The board shall, in this event, transmit a copy of the resolution to the Director of Transportation.
For purposes of this section, “commission” means an airport land use commission. Each commission shall consist of seven members to be selected as follows:
(1) Two representing the cities in the county, appointed by a city selection committee comprised of the mayors of all the cities within that county, except that if there are any cities contiguous or adjacent to the qualifying airport, at least one representative shall be appointed therefrom.
If there are no cities within a county, the number of representatives provided for by paragraphs (2) and (3) shall each be increased by one.
(2) Two representing the county, appointed by the board of supervisors. (3) Two having expertise in aviation, appointed by a selection committee comprised of the managers of all of the public airports within that county. (4) One representing the general public, appointed by the other six members of the commission. 1117
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-6 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (c) Public officers, whether elected or appointed, may be appointed and serve as members of the commission during their terms of public office.
(d) Each member shall promptly appoint a single proxy to represent him or her in commission affairs and to vote on all matters when the member is not in attendance. The proxy shall be designated in a signed written instrument which shall be kept on file at the commission offices, and the proxy shall serve at the pleasure of the appointing member. A vacancy in the office of proxy shall be filled promptly by appointment of a new proxy.
(e) A person having an “expertise in aviation” means a person who, by way of education, training, business, experience, vocation, or avocation has acquired and possesses particular knowledge of, and familiarity with, the function, operation, and role of airports, or is an elected official of a local agency which owns or operates an airport.
(f) It is the intent of the Legislature to clarify that, for the purposes of this article that special districts, school districts and community college districts are included among the local agencies that are subject to airport land use laws and other requirements of this article. 21670.1 Action by Designated Body Instead of Commission (a) Notwithstanding any other provision of this article, if the board of supervisors and the city selection committee of mayors in the county each makes a determination by a majority vote that proper land use planning can be accomplished through the actions of an appropriately designated body, then the body so designated shall assume the planning responsibilities of an airport land use commission as provided for in this article, and a commission need not be formed in that county.
(b) A body designated pursuant to subdivision (a) that does not include among its membership at least two members having expertise in aviation, as defined in subdivision (e) of Section 21670, shall, when acting in the capacity of an airport land use commission, be augmented so that body, as augmented, will have at least two members having that expertise. The commission shall be constituted pursuant to this section on and after March 1, 1988. (c) (1) Notwithstanding subdivisions (a) and (b), and subdivision (b) of Section 21670, if the board of supervisors of a county and each affected city in that county each makes a determination that proper land use planning pursuant to this article can be accomplished pursuant to this subdivision, then a commission need not be formed in that county. (2) If the board of supervisors of a county and each affected city makes a determination that proper land use planning may be accomplished and a commission is not formed pursuant to paragraph (1), that county and the appropriate affected cities having jurisdiction over an airport, subject to the review and approval by the Division of Aeronautics of the department, shall do all of the following:
(A) Adopt processes for the preparation, adoption, and amendment of the airport land use compatibility plan for each airport that is served by a scheduled airline or operated for the benefit of the general public.
(B) Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans.
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-7 (C) Adopt processes for the mediation of disputes arising from the preparation, adoption, and amendment of the airport land use compatibility plans. (D) Adopt processes for the amendment of general and specific plans to be consistent with the airport land use compatibility plans.
(E) Designate the agency that shall be responsible for the preparation, adoption, and amendment of each airport land use compatibility plan.
(3) The Division of Aeronautics of the department shall review the processes adopted pursuant to paragraph (2), and shall approve the processes if the division determines that the processes are consistent with the procedure required by this article and will do all of the following:
(A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time.
(B) Rely on the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations.
(C) Provide adequate opportunities for notice to, review of, and comment by the general public, landowners, interested groups, and other public agencies. (4) If the county does not comply with the requirements of paragraph (2) within 120 days, then the airport land use compatibility plan and amendments shall not be considered adopted pursuant to this article and a commission shall be established within 90 days of the determination of noncompliance by the division and an airport land use compatibility plan shall be adopted pursuant to this article within 90 days of the establishment of the commission.
(d) A commission need not be formed in a county that has contracted for the preparation of airport land use compatibility plans with the Division of Aeronautics under the California Aid to Airports Program (Chapter 4 (commencing with Section 4050 of Division 2.5 of Title 21 of the California Code of Regulations), and that submits all of the following information to the Division of Aeronautics for review and comment that the county and the cities affected by the airports within the county, as defined by the airport land use compatibility plans:
(1) Agree to adopt and implement the airport land use compatibility plans that have been developed under contract.
(2) Incorporated the height, use, noise, safety, and density criteria that are compatible with airport operations as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations as part of the general and specific plans for the county and for each affected city.
(3) If the county does not comply with this subdivision on or before May 1, 1995, then a commission shall be established in accordance with this article. (e) (1) A commission need not be formed in a county if all of the following conditions are met:
(A) The county has only one public use airport that is owned by a city. 1119
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (B) (i) The county and the affected city adopt the elements in paragraph (2) of subdivision (d), as part of their general and specific plans for the county and the affected city. (ii) The general and specific plans shall be submitted, upon adoption, to the Division of Aeronautics. If the county and the affected city do not submit the elements specified in paragraph (2) of subdivision (d), on or before May 1, 1996, then a commission shall be established in accordance with this article. (Amended by Stats. 2018, Ch. 198, Sec. 5. (AB 3246) Effective January 1, 2019.) 21670.2 Application to Counties Having Over 4 Million in Population (a) Sections 21670 and 21670.1 do not apply to the County of Los Angeles. In that county, the county regional planning commission has the responsibility for coordinating the airport planning of public agencies within the county. In instances where impasses result relative to this planning, an appeal may be made to the county regional planning commission by any public agency involved.
The action taken by the county regional planning commission on an appeal may be overruled by a four-fifths vote of the governing body of a public agency whose planning led to the appeal. (b) By January 1, 1992, the county regional planning commission shall adopt the airport land use compatibility plans required pursuant to Section 21675. (c) Sections 21675.1, 21675.2, and 21679.5 do not apply to the County of Los Angeles until January 1, 1992. If the airport land use compatibility plans required pursuant to Section 21675 are not adopted by the county regional planning commission by January 1, 1992, Sections 21675.1 and 21675.2 shall apply to the County of Los Angeles until the airport land use compatibility plans are adopted.
(Amended by Stats. 2002, Ch. 438, Sec. 11. Effective January 1, 2003.) 21670.3 San Diego County
(a) Sections 21670 and 21670.1 do not apply to the County of San Diego. In that county, the San Diego County Regional Airport Authority, as established pursuant to Section 170002, shall be responsible for the preparation, adoption, and amendment of an airport land use compatibility plan for each airport in San Diego County.
(b) The San Diego County Regional Airport Authority shall engage in a public collaborative planning process when preparing and updating an airport land use compatibility plan. 21670.4 Intercounty Airports
(a) As used in this section, “intercounty airport” means any airport bisected by a county line through its runways, runway protection zones, inner safety zones, inner turning zones, outer safety zones, or sideline safety zones, as defined by the department’s Airport Land Use Planning Handbook and referenced in the airport land use compatibility plan formulated under Section 21675. (b) It is the purpose of this section to provide the opportunity to establish a separate airport land use commission so that an intercounty airport may be served by a single airport land use planning agency, rather than having to look separately to the airport land use commissions of the affected counties.
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-9 (c) In addition to the airport land use commissions created under Section 21670 or the alternatives established under Section 21670.1, for their respective counties, the boards of supervisors and city selection committees for the affected counties, by independent majority vote of each county’s two delegations, for any intercounty airport, may do either of the following:
(1) Establish a single separate airport land use commission for that airport. That commission shall consist of seven members to be selected as follows:
(A) One representing the cities in each of the counties, appointed by that county’s city selection committee.
(B) One representing each of the counties, appointed by the board of supervisors of each county.
(C) One from each county having expertise in aviation, appointed by a selection committee comprised of the managers of all the public airports within that county. (D) One representing the general public, appointed by the other six members of the commission.
(2) In accordance with subdivision (a) or (b) of Section 21670.1, designate an existing appropriate entity as that airport’s land use commission. (Amended by Stats. 2002, Ch. 438, Sec. 12. Effective January 1, 2003.) 21670.6 Court and Mediation Proceedings
Any action brought in the superior court relating to this article may be subject to mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030) of Division I of Title 7 of the Government Code.
(Added by Stats. 2010, Ch. 699, Sec. 37. (SB 894) Effective January 1, 2011.) 21671 Airports Owned by a City, District or County
In any county where there is an airport operated for the general public which is owned by a city or district in another county or by another county, one of the representatives provided by paragraph (1) of subdivision (b) of Section 21670 shall be appointed by the city selection committee of mayors of the cities of the county in which the owner of that airport is located, and one of the representatives provided by paragraph (2) of subdivision (b) of Section 21670 shall be appointed by the board of supervisors of the county in which the owner of that airport is located. (Amended (as amended by Stats. 1984, Ch. 1117, Sec. 4) by Stats. 1987, Ch. 1018, Sec. 5.) 21671.5 Term of Office
(a) Except for the terms of office of the members of the first commission, the term of office of each member shall be four years and until the appointment and qualification of his or her successor.
The members of the first commission shall classify themselves by lot so that the term of office of one member is one year, of two members is two years, of two members is three years, and of two members is four years. The body that originally appointed a member whose term has expired shall appoint his or her successor for a full term of four years. Any member may be removed at any time and without cause by the body appointing that member. The expiration date of the term of office of each member shall be the first Monday in May in the year in which that member’s 1121
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) term is to expire. Any vacancy in the membership of the commission shall be filled for the unexpired term by appointment by the body which originally appointed the member whose office has become vacant. The chairperson of the commission shall be selected by the members thereof. (b) Compensation, if any, shall be determined by the board of supervisors. (c) Staff assistance, including the mailing of notices and the keeping of minutes and necessary quarters, equipment, and supplies, shall be provided by the county. The usual and necessary operating expenses of the commission shall be a county charge. (d) Notwithstanding any other provisions of this article, the commission shall not employ any personnel either as employees or independent contractors without the prior approval of the board of supervisors.
(e) The commission shall meet at the call of the commission chairperson or at the request of the majority of the commission members. A majority of the commission members shall constitute a quorum for the transaction of business. No action shall be taken by the commission except by the recorded vote of a majority of the full membership. (f) The commission may establish a schedule of fees necessary to comply with this article. Those fees shall be charged to the proponents of actions, regulations, or permits, shall not exceed the estimated reasonable cost of providing the service, and shall be imposed pursuant to Section 66016 of the Government Code. Except as provided in subdivision (g), after June 30, 1991, a commission that has not adopted the airport land use compatibility plan required by Section 21675 shall not charge fees pursuant to this subdivision until the commission adopts the plan. (g) In any county that has undertaken by contract or otherwise completed airport land use compatibility plans for at least one-half of all public use airports in the county, the commission may continue to charge fees necessary to comply with this article until June 30, 1992, and, if the airport land use compatibility plans are complete by that date, may continue charging fees after June 30, 1992. If the airport land use compatibility plans are not complete by June 30, 1992, the commission shall not charge fees pursuant to subdivision (f) until the commission adopts the land use plans.
(Amended by Stats. 2002, Ch. 438, Sec. 13. Effective January 1, 2003.) 21672 Rules and Regulations
Each commission shall adopt rules and regulations with respect to the temporary disqualification of its members from participating in the review or adoption of a proposal because of conflict of interest and with respect to appointment of substitute members in such cases. (Added by Stats. 1967, Ch. 852.)
21673 Initiation of Proceedings for Creation by Owner of Airport In any county not having a commission or a body designated to carry out the responsibilities of a commission, any owner of a public airport may initiate proceedings for the creation of a commission by presenting a request to the board of supervisors that a commission be created and showing the need therefor to the satisfaction of the board of supervisors. (Amended by Stats. 2002, Ch. 438, Sec. 14. Effective January 1, 2003.) 1122
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-11 21674 Powers and Duties
The commission has the following powers and duties, subject to the limitations upon its jurisdiction set forth in Section 21676:
(a) To assist local agencies in ensuring compatible land uses in the vicinity of all new airports and in the vicinity of existing airports to the extent that the land in the vicinity of those airports is not already devoted to incompatible uses.
(b) To coordinate planning at the state, regional, and local levels so as to provide for the orderly development of air transportation, while at the same time protecting the public health, safety, and welfare.
(c) To prepare and adopt an airport land use compatibility plan pursuant to Section 21675. (d) To review the plans, regulations, and other actions of local agencies and airport operators pursuant to Section 21676.
(e) The powers of the commission shall in no way be construed to give the commission jurisdiction over the operation of any airport.
(f) In order to carry out its responsibilities, the commission may adopt rules and regulations consistent with this article.
21674.5 Training of Airport Land Use Commission’s Staff (a) The Department of Transportation shall develop and implement a program or programs to assist in the training and development of the staff of airport land use commissions, after consulting with airport land use commissions, cities, counties, and other appropriate public entities. (b) The training and development program or programs are intended to assist the staff of airport land use commissions in addressing high priority needs, and may include, but need not be limited to, the following:
(1) The establishment of a process for the development and adoption of airport land use compatibility plans.
(2) The development of criteria for determining the airport influence area. (3) The identification of essential elements that should be included in the airport land use compatibility plans.
(4) Appropriate criteria and procedures for reviewing proposed developments and determining whether proposed developments are compatible with the airport use. (5) Any other organizational, operational, procedural, or technical responsibilities and functions that the department determines to be appropriate to provide to commission staff and for which it determines there is a need for staff training or development. (c) The department may provide training and development programs for airport land use commission staff pursuant to this section by any means it deems appropriate. Those programs may be presented in any of the following ways:
(1) By offering formal courses or training programs.
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APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (2) By sponsoring or assisting in the organization and sponsorship of conferences, seminars, or other similar events.
(3) By producing and making available written information. (4) Any other feasible method of providing information and assisting in the training and development of airport land use commission staff.
(Amended by Stats. 2004, Ch. 615, Sec. 3. Effective January 1, 2005.) 21674.7 Airport Land Use Planning Handbook
(a) An airport land use commission that formulates, adopts or amends an airport land use compatibility plan shall be guided by information prepared and updated pursuant to Section 21674.5 and referred to as the Airport Land Use Planning Handbook published by the Division of Aeronautics of the Department of Transportation.
(b) It is the intent of the Legislature to discourage incompatible land uses near existing airports.
Therefore, prior to granting permits for the renovation or remodeling of an existing building, structure, or facility, and before the construction of a new building, it is the intent of the Legislature that local agencies shall be guided by the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, to the extent that the criteria has been incorporated into the plan prepared by a commission pursuant to Section 21675. This subdivision does not limit the jurisdiction of a commission as established by this article. This subdivision does not limit the authority of local agencies to overrule commission actions or recommendations pursuant to Sections 21676, 21676.5, or 21677.
(Amended by Stats. 2003, Ch. 351, Sec. 2. Effective January 1, 2004.) 21675 Land Use Plan
(a) Each commission shall formulate an airport land use compatibility plan that will provide for the orderly growth of each public airport and the area surrounding the airport within the jurisdiction of the commission, and will safeguard the general welfare of the inhabitants within the vicinity of the airport and the public in general. The commission airport land use compatibility plan shall include and shall be based on a long-range master plan or an airport layout plan, as determined by the Division of Aeronautics of the Department of Transportation that reflects the anticipated growth of the airport during at least the next 20 years. In formulating an airport land use compatibility plan, the commission may develop height restrictions on buildings, specify use of land, and determine building standards, including soundproofing adjacent to airports, within the airport influence area. The airport land use compatibility plan shall be reviewed as often as necessary in order to accomplish its purposes, but shall not be amended more than once in any calendar year.
(b) The commission shall include, within its airport land use compatibility plan formulated pursuant to subdivision (a), the area within the jurisdiction of the commission surrounding any military airport for all of the purposes specified in subdivision (a). The airport land use compatibility plan shall be consistent with the safety and noise standards in the Air Installation Compatible Use 1124
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-13 Zone prepared for that military airport. This subdivision does not give the commission any jurisdiction or authority over the territory or operations of any military airport. (c) The airport influence area shall be established by the commission after hearing and consultation with the involved agencies.
(d) The commission shall submit to the Division of Aeronautics of the department one copy of the airport land use compatibility plan and each amendment to the plan. (e) If an airport land use compatibility plan does not include the matters required to be included pursuant to this article, the Division of Aeronautics of the department shall notify the commission responsible for the plan.
(Amended by Stats. 2004, Ch. 615, Sec. 4. Effective January 1, 2005.) 21675.1 Adoption of Land Use Plan
(a) By June 30, 1991, each commission shall adopt the airport land use compatibility plan required pursuant to Section 21675, except that any county that has undertaken by contract or otherwise completed airport land use compatibility plans for at least one-half of all public use airports in the county, shall adopt that airport land use compatibility plan on or before June 30, 1992. (b) Until a commission adopts an airport land use compatibility plan, a city or county shall first submit all actions, regulations, and permits within the vicinity of a public airport to the commission for review and approval. Before the commission approves or disapproves any actions, regulations, or permits, the commission shall give public notice in the same manner as the city or county is required to give for those actions, regulations, or permits. As used in this section, “vicinity” means land that will be included or reasonably could be included within the airport land use compatibility plan. If the commission has not designated an airport influence area for the airport land use compatibility plan, then “vicinity” means land within two miles of the boundary of a public airport.
(c) The commission may approve an action, regulation, or permit if it finds, based on substantial evidence in the record, all of the following:
(1) The commission is making substantial progress toward the completion of the airport land use compatibility plan.
(2) There is a reasonable probability that the action, regulation, or permit will be consistent with the airport land use compatibility plan being prepared by the commission. (3) There is little or no probability of substantial detriment to or interference with the future adopted airport land use compatibility plan if the action, regulation, or permit is ultimately inconsistent with the airport land use compatibility plan. (d) If the commission disapproves an action, regulation, or permit, the commission shall notify the city or county. The city or county may overrule the commission, by a two-thirds vote of its governing body, if it makes specific findings that the proposed action, regulation, or permit is consistent with the purposes of this article, as stated in Section 21670. (e) If a city or county overrules the commission pursuant to subdivision (d), that action shall not relieve the city or county from further compliance with this article after the commission adopts the airport land use compatibility plan.
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APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-14 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (f) If a city or county overrules the commission pursuant to subdivision (d) with respect to a publicly owned airport that the city or county does not operate, the operator of the airport is not liable for damages to property or personal injury resulting from the city’s or county’s decision to proceed with the action, regulation, or permit.
(g) A commission may adopt rules and regulations that exempt any ministerial permit for singlefamily dwellings from the requirements of subdivision (b) if it makes the findings required pursuant to subdivision (c) for the proposed rules and regulations, except that the rules and regulations may not exempt either of the following:
(1) More than two single-family dwellings by the same applicant within a subdivision prior to June 30, 1991.
(2) Single-family dwellings in a subdivision where 25 percent or more of the parcels are undeveloped.
(Amended by Stats. 2004, Ch. 615, Sec. 5. Effective January 1, 2005.) 21675.2 Approval or Disapproval of Actions, Regulations, or Permits (a) If a commission fails to act to approve or disapprove any actions, regulations, or permits within 60 days of receiving the request pursuant to Section 21675.1, the applicant or his or her representative may file an action pursuant to Section 1094.5 of the Code of Civil Procedure to compel the commission to act, and the court shall give the proceedings preference over all other actions or proceedings, except previously filed pending matters of the same character. (b) The action, regulation, or permit shall be deemed approved only if the public notice required by this subdivision has occurred. If the applicant has provided seven days advance notice to the commission of the intent to provide public notice pursuant to this subdivision, then, not earlier than the date of the expiration of the time limit established by Section 21675.1, an applicant may provide the required public notice. If the applicant chooses to provide public notice, that notice shall include a description of the proposed action, regulation, or permit substantially similar to the descriptions which are commonly used in public notices by the commission, the location of any proposed development, the application number, the name and address of the commission, and a statement that the action, regulation, or permit shall be deemed approved if the commission has not acted within 60 days. If the applicant has provided the public notice specified in this subdivision, the time limit for action by the commission shall be extended to 60 days after the public notice is provided. If the applicant provides notice pursuant to this section, the commission shall refund to the applicant any fees which were collected for providing notice and which were not used for that purpose.
(c) Failure of an applicant to submit complete or adequate information pursuant to Sections 65943 to 65946, inclusive, of the Government Code, may constitute grounds for disapproval of actions, regulations, or permits.
(d) Nothing in this section diminishes the commission’s legal responsibility to provide, where applicable, public notice and hearing before acting on an action, regulation, or permit. (Added by Stats. 1989, Ch. 306, Sec. 5.)
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-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 1127
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 1128
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 1129
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.) 1130
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.)
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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.)
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-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.) 1133
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.) 1134
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.) 1135
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.) 1136
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 1137
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.)
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-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.
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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. 1140
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. 1141
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. 1142
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.
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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. 1144
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.)
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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. 1146
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:
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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.
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-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:
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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.
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-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:
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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. 1152
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.)
1153
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 1154
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.) 1155
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. 1156
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.)
1157
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.)
1158
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). 1159
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.) 1160
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. 1161
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 1162
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.) 1163
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.) 1164
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.
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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. 1166
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.
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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.
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-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 1169
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 1170
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.
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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.
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-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. 1173
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:
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-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.
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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.) 1176
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)
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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.
1177
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.) 1178
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. 1179
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.) 1180
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.) 1181
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.) 1182
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.
1183
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.) 1184
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. 1185
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.) 1186
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.
1187
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.
1188
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 1189
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.) 1190
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 1191
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.
1192
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.) 1193
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.) 1194
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. 1195
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.
1196
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.
1197
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.
1198
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 1199
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]
1200
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.
1201
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 1202
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. 1203
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. 1204
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 1205
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.
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-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. 1207
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. 1208
STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-97 Extend immunity to airports if an ALUC action is overridden by a local agency not owning the airport.
Provide state funding eligibility for preparation of compatibility plans through the Regional Transportation Improvement Program process.
1987 Senate Bill 633 (Rogers) Chapter 1018, Statutes of 1987—Makes revisions which:
Require that a designated body serving as an ALUC include two members having “expertise in aviation.”
Allows an interested party to initiate court proceedings to postpone the effective date of a local land use action if a compatibility plan has not been adopted.
Delete sunset provisions contained in certain clauses of the law. Allows reimbursement for ALUC costs in accordance with the Commission on State Mandates. 1989 Senate Bill 255 (Bergeson) Chapter 54, Statutes of 1989— Sets a requirement that comprehensive land use plans be completed by June 1991.
Establishes a method for compelling ALUCs to act on matters submitted for review.
Allows ALUCs to charge fees for review of projects.
Suspends any lawsuits that would stop development until the ALUC adopts its plan or until June 1, 1991.
1989 Senate Bill 235 (Alquist) Chapter 788, Statutes of 1989—Appropriates $3,672,000 for the payment of claims to counties seeking reimbursement of costs incurred during fiscal years 1985-86 through 1989-90 pursuant to state-mandated requirement (Chapter 1117, Statutes of 1984) for creation of ALUCs in most counties. This statute was repealed in 1993. 1990 Assembly Bill 4164 (Mountjoy) Chapter 1008, Statutes of 1990—Adds section 21674.5 requiring the Division of Aeronautics to develop and implement a training program for ALUC staffs.
1990 Assembly Bill 4265 (Clute) Chapter 563, Statutes of 1990—With the concurrence of the Division of Aeronautics, allows ALUCs to use an airport layout plan, rather than a longrange airport master plan, as the basis for preparation of a compatibility plan. 1990 Senate Bill 1288 (Beverly) Chapter 54, Statutes of 1990—Amends Section 21670.2 to give Los Angeles County additional time to prepare compatibility plans and meet other provisions of the ALUC statutes.
1991 Senate Bill 532 (Bergeson) Chapter 140, Statutes of 1991— Allows counties having half of their compatibility plans completed or under preparation by June 30, 1991, an additional year to complete the remainder.
Allows ALUCs to continue to charge fees under these circumstances.
Fees may be charged only until June 30, 1992, if plans are not completed by then. 1993 Senate Bill 443 (Committee on Budget and Fiscal Review) Chapter 59, Statutes of 1993— Amends Section 21670(b) to make the formation of ALUCs permissive rather than mandatory as of June 30, 1993. (Note: Section 21670.2 which assigns responsibility for coordinating the airport planning of public agencies in Los Angeles County is not affected by this amendment.)
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APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-98 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) 1994 Assembly Bill 2831 (Mountjoy) Chapter 644, Statutes of 1994 —Reinstates the language in Section 21670(b) mandating establishment of ALUCs, but also provides for an alternative airport land use planning process. Lists specific actions which a county and affected cities must take in order for such alternative process to receive Caltrans approval. Requires that ALUCs be guided by information in the Caltrans Airport Land Use Planning Handbook when formulating airport land use plans.
1994 Senate Bill 1453 (Rogers) Chapter 438, Statutes of 1994—Amends California Environmental Quality Act (CEQA) statutes as applied to preparation of environmental documents affecting projects in the vicinity of airports. Requires lead agencies to use the Airport Land Use Planning Handbook as a technical resource when assessing the airport-related noise and safety impacts of such projects.
1997 Assembly Bill 1130 (Oller) Chapter 81, Statutes of 1997—Added Section 21670.4 concerning airports whose planning boundary straddles a county line. 2000 Senate Bill 1350 (Rainey) Chapter 506, Statutes of 2000—Added Section 21670(f) clarifying that special districts are among the local agencies to which airport land use planning laws are intended to apply.
2001 Assembly Bill 93 (Wayne) Chapter 946, Statutes of 2001—Added Section 21670.3 regarding San Diego County Regional Airport Authority’s responsibility for airport planning within San Diego County.
2002 Assembly Bill 3026 (Committee on Transportation) Chapter 438, Statutes of 2002—Changes the term “comprehensive land use plan” to “airport land use compatibility plan.” 2002 Assembly Bill 2776 (Simitian) Chapter 496, Statutes of 2002—Requires information regarding the location of a property within an airport influence area be disclosed as part of certain real estate transactions effective January 1, 2004. 2002 Senate Bill 1468 (Knight) Chapter 971, Statutes of 2002—Changes ALUC preparation of airport land use compatibility plans for military airports from optional to required. Requires that the plans be consistent with the safety and noise standards in the Air Installation Compatible Use Zone for that airport. Requires that the general plan and any specific plans be consistent with these standards where there is military airport, but an airport land use commission does not exist.
2003 Assembly Bill 332 (Mullin) Chapter 351, Statutes of 2003—Clarifies that school districts and community college districts are subject to compatibility plans. Requires local public agencies to notify ALUC and Division of Aeronautics at least 45 days prior to deciding to overrule the ALUC.
Adds that prior to granting building construction permits, local agencies shall be guided by the criteria established in the Airport Land Use Planning Handbook and any related federal aviation regulations to the extent that the criteria has been incorporated into their airport land use compatibility plan.
2004 Senate Bill 1223 (Committee on Transportation) Chapter 615, Statutes of 2004—Technical revisions eliminating most remaining references to the term “comprehensive land use plan” and replacing it with “airport land use compatibility plan.” Also replaces the terms “planning area” and “study area” with “airport influence area.”
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STATE LAWS RELATED TO AIRPORT LAND USE PLANNING APPENDIX A Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) A-99 2005 Assembly Bill 1358 (Mullin) Chapter 29, Statutes of 2005—Requires a school district to notify the Department of Transportation before leasing property for a new school site. Also makes these provisions applicable to charter schools.
2007 Senate Bill 10 (Kehoe) Chapter 287, Statutes of 2007—The San Diego County Regional Airport Authority Reform Act of 2007. Restructures the airport authority established in 2001 by AB 93 (Wayne), with a set of goals related to governance, accountability, planning and operations at San Diego International Airport.
2009 Assembly Bill 45 (Blakeslee) Chapter 404, Statutes of 2009—Requires small wind energy systems installed near airports to comply with all applicable Federal Aviation Administration requirements, including Subpart B of Part 77. These systems are not allowed to locate in vicinity of an airport if they are prohibited by a comprehensive land use plan or any implementing regulations adopted by an Airport Land Use Commission. 2010 Senate Bill 1333 (Yee) Chapter 329, Statutes of 2010—If a local government requires dedication of an avigation easement to the owner or operator of the airport as a condition of approval of a noise-sensitive project, the avigation easement must be granted prior to the issuance of the building permit. Also requires that a termination clause be included in the avigation easement if the project is not built or the permit has expired or been revoked. 2012 Assembly Bill 805 (Torres) Chapter 180, Statutes of 2012—Recodifies the Common Interest Development Act which requires a recorded disclosure statement if a common interest development is located within an airport influence area. 2012 Assembly Bill 1486 (Lara) Chapter 690, Statutes of 2012—Exempts from CEQA the design, construction and maintenance of certain structures and equipment of the Los Angeles Regional Interoperable Communications System (LA-RICS). However, any new antenna would be required to comply with applicable state and federal height restrictions and any height limits established by an applicable airport land use compatibility plan. 2013 Assembly Bill 1058 (Chàvez) Chapter 83, Statutes of 2013—Modifies the process by which directors are appointed to the San Diego County Regional Airport Authority; the entity responsible for preparing, adopting and amending airport land use compatibility plans for each airport in San Diego County.
2013 Assembly Bill 758 (Block) Chapter 606, Statutes of 2013—Provides the City of Coronado with 540 days, instead of the standard 180 days, of any amendment to the airport land use compatibility plan to amend its general plan and any applicable specific plan. 1211
APPENDIX A STATE LAWS RELATED TO AIRPORT LAND USE PLANNING A-100 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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Appendix B
Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-1 Appendix B Title 14 Code of Federal
Regulations Part 77
Safe, Efficient Use and Preservation of
the Navigable Airspace
Current as of August 2023
TITLE 14 COD E OF FEDER AL REGULATIONS PART 77
SUBPART A - GENERAL
77.1 Purpose
This part establishes:
(a) The requirements to provide notice to the FAA of certain proposed construction, or the alteration of existing structures;
(b) The standards used to determine obstructions to air navigation, and navigational and communication facilities;
(c) The process for aeronautical studies of obstructions to air navigation or navigational facilities to determine the effect on the safe and efficient use of navigable airspace, air navigation facilities or equipment; and
(d) The process to petition the FAA for discretionary review of determinations, revisions, and extensions of determinations.
77.3 Definitions
For the purpose of this part:
“Non-precision instrument runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved, 1213
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:
1214
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.
1215
APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-4 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (2) 50 to 1 for a horizontal distance of 10,000 ft. from the nearest point of the nearest runway of each airport described in paragraph (d) of this section with its longest runway no more than 3,200 ft. in actual length, excluding heliports.
(3) 25 to 1 for a horizontal distance of 5,000 ft. from the nearest point of the nearest landing and takeoff area of each heliport described in paragraph (d) of this section. (c) Any highway, railroad, or other traverse way for mobile objects, of a height which, if adjusted upward 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance, 15 feet for any other public roadway, 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road, 23 feet for a railroad, and for a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it, would exceed a standard of paragraph (a) or (b) of this section.
(d) Any construction or alteration on any of the following airports and heliports:
(1) A public use airport listed in the Airport/Facility Directory, Alaska Supplement, or Pacific Chart Supplement of the U.S. Government Flight Information Publications; (2) A military airport under construction, or an airport under construction that will be available for public use;
(3) An airport operated by a Federal agency or the DOD. (4) An airport or heliport with at least one FAA-approved instrument approach procedure. (e) You do not need to file notice for construction or alteration of:
(1) Any object that will be shielded by existing structures of a permanent and substantial nature or by natural terrain or topographic features of equal or greater height, and will be located in the congested area of a city, town, or settlement where the shielded structure will not adversely affect safety in air navigation;
(2) Any air navigation facility, airport visual approach or landing aid, aircraft arresting device, or meteorological device meeting FAA-approved siting criteria or an appropriate military service siting criteria on military airports, the location and height of which are fixed by its functional purpose;
(3) Any construction or alteration for which notice is required by any other FAA regulation. (4) Any antenna structure of 20 feet or less in height, except one that would increase the height of another antenna structure.
77.11 Supplemental notice requirements
(a) You must file supplemental notice with the FAA when:
(1) The construction or alteration is more than 200 feet in height AGL at its site; or (2) Requested by the FAA.
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TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-5 (b) You must file supplemental notice on a prescribed FAA form to be received within the time limits specified in the FAA determination. If no time limit has been specified, you must submit supplemental notice of construction to the FAA within 5 days after the structure reaches its greatest height.
(c) If you abandon a construction or alteration proposal that requires supplemental notice, you must submit notice to the FAA within 5 days after the project is abandoned. (d) If the construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed.
SUBPART C - STANDARDS FOR DETERMINING OBSTRUCTIONS
TO AIR NAVIGATION OR NAVIGATIONAL AIDS OR FACILITIES
77.13 Applicability
This subpart describes the standards used for determining obstructions to air navigation, navigational aids, or navigational facilities. These standards apply to the following:
(a) Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus. (b) The alteration of any permanent or temporary existing structure by a change in its height, including appurtenances, or lateral dimensions, including equipment or material used therein.
77.15 Scope
(a) This subpart describes standards used to determine obstructions to air navigation that may affect the safe and efficient use of navigable airspace and the operation of planned or existing air navigation and communication facilities. Such facilities include air navigation aids, communication equipment, airports, Federal airways, instrument approach or departure procedures, and approved off-airway routes.
(b) Objects that are considered obstructions under the standards described in this subpart are presumed hazards to air navigation unless further aeronautical study concludes that the object is not a hazard. Once further aeronautical study has been initiated, the FAA will use the standards in this subpart, along with FAA policy and guidance material, to determine if the object is a hazard to air navigation.
(c) The FAA will apply these standards with reference to an existing airport facility, and airport proposals received by the FAA, or the appropriate military service, before it issues a final determination.
(d) For airports having defined runways with specially prepared hard surfaces, the primary surface for each runway extends 200 feet beyond each end of the runway. For airports having defined strips or pathways used regularly for aircraft takeoffs and landings, and designated runways, without specially prepared hard surfaces, each end of the primary surface for each such runway shall coincide with the corresponding end of the runway. At airports, excluding seaplane bases, 1217
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 1218
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-7 used or to be used for the passage of mobile objects only after the heights of these traverse ways are increased by:
(1) 17 feet for an Interstate Highway that is part of the National System of Military and Interstate Highways where overcrossings are designed for a minimum of 17 feet vertical distance.
(2) 15 feet for any other public roadway.
(3) 10 feet or the height of the highest mobile object that would normally traverse the road, whichever is greater, for a private road.
(4) 23 feet for a railroad.
(5) For a waterway or any other traverse way not previously mentioned, an amount equal to the height of the highest mobile object that would normally traverse it.
77.19 Civil airport imaginary surfaces
The following civil airport imaginary surfaces are established with relation to the airport and to each runway. The size of each such imaginary surface is based on the category of each runway according to the type of approach available or planned for that runway. The slope and dimensions of the approach surface applied to each end of a runway are determined by the most precise approach procedure existing or planned for that runway end.
(a) Horizontal surface. A horizontal plane 150 feet above the established airport elevation, the perimeter of which is constructed by swinging arcs of a specified radii from the center of each end of the primary surface of each runway of each airport and connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is:
(1) 5,000 feet for all runways designated as utility or visual; (2) 10,000 feet for all other runways. The radius of the arc specified for each end of a runway will have the same arithmetical value. That value will be the highest determined for either end of the runway. When a 5,000-foot arc is encompassed by tangents connecting two adjacent 10,000-foot arcs, the 5,000-foot arc shall be disregarded on the construction of the perimeter of the horizontal surface.
(b) Conical surface. A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to 1 for a horizontal distance of 4,000 feet. (c) Primary surface. A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; but when the runway has no specially prepared hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is:
(1) 250 feet for utility runways having only visual approaches. (2) 500 feet for utility runways having non-precision instrument approaches. (3) For other than utility runways, the width is:
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-8 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (i) 500 feet for visual runways having only visual approaches. (ii) 500 feet for non-precision instrument runways having visibility minimums greater than three-fourths statute mile.
(iii) 1,000 feet for a non-precision instrument runway having a non-precision instrument approach with visibility minimums as low as three-fourths of a statute mile, and for precision instrument runways.
(iv) The width of the primary surface of a runway will be that width prescribed in this section for the most precise approach existing or planned for either end of that runway. (d) Approach surface. A surface longitudinally centered on the extended runway centerline and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of each runway based upon the type of approach available or planned for that runway end.
(1) The inner edge of the approach surface is the same width as the primary surface and it expands uniformly to a width of:
(i) 1,250 feet for that end of a utility runway with only visual approaches; (ii) 1,500 feet for that end of a runway other than a utility runway with only visual approaches;
(iii) 2,000 feet for that end of a utility runway with a non-precision instrument approach; (iv) 3,500 feet for that end of a non-precision instrument runway other than utility, having visibility minimums greater that three-fourths of a statute mile; (v) 4,000 feet for that end of a non-precision instrument runway, other than utility, having a non-precision instrument approach with visibility minimums as low as three-fourths statute mile; and
(vi) 16,000 feet for precision instrument runways.
(2) The approach surface extends for a horizontal distance of:
(i) 5,000 feet at a slope of 20 to 1 for all utility and visual runways; (ii) 10,000 feet at a slope of 34 to 1 for all non-precision instrument runways other than utility; and
(iii) 10,000 feet at a slope of 50 to 1 with an additional 40,000 feet at a slope of 40 to 1 for all precision instrument runways.
(3) The outer width of an approach surface to an end of a runway will be that width prescribed in this subsection for the most precise approach existing or planned for that runway end. (e) Transitional surface. These surfaces extend outward and upward at right angles to the runway centerline and the runway centerline extended at a slope of 7 to 1 from the sides of the primary surface and from the sides of the approach surfaces. Transitional surfaces for those portions of the precision approach surface which project through and beyond the limits of the conical 1220
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. 1221
APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-10 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024)
77.23 Heliport imaginary surfaces
(a) Primary surface. The area of the primary surface coincides in size and shape with the designated take-off and landing area. This surface is a horizontal plane at the elevation of the established heliport elevation.
(b) Approach surface. The approach surface begins at each end of the heliport primary surface with the same width as the primary surface, and extends outward and upward for a horizontal distance of 4,000 feet where its width is 500 feet. The slope of the approach surface is 8 to 1 for civil heliports and 10 to 1 for military heliports.
(c) Transitional surfaces. These surfaces extend outward and upward from the lateral boundaries of the primary surface and from the approach surfaces at a slope of 2 to 1 for a distance of 250 feet measured horizontally from the centerline of the primary and approach surfaces.
SUBPART D - AERONAUTICAL STUDIES AND
DETERMINATIONS
77.25 Applicability
(a) This subpart applies to any aeronautical study of a proposed construction or alteration for which notice to the FAA is required under §77.9.
(b) The purpose of an aeronautical study is to determine whether the aeronautical effects of the specific proposal and, where appropriate, the cumulative impact resulting from the proposed construction or alteration when combined with the effects of other existing or proposed structures, would constitute a hazard to air navigation. (c) The obstruction standards in subpart C of this part are supplemented by other manuals and directives used in determining the effect on the navigable airspace of a proposed construction or alteration. When the FAA needs additional information, it may circulate a study to interested parties for comment.
77.27 Initiation of studies
The FAA will conduct an aeronautical study when:
(a) Requested by the sponsor of any proposed construction or alteration for which a notice is submitted; or
(b) The FAA determines a study is necessary.
77.29 Evaluating aeronautical effect
(a) The FAA conducts an aeronautical study to determine the impact of a proposed structure, an existing structure that has not yet been studied by the FAA, or an alteration of an existing structure on aeronautical operations, procedures, and the safety of flight. These studies include evaluating:
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TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-11 (1) The impact on arrival, departure, and en route procedures for aircraft operating under visual flight rules;
(2) The impact on arrival, departure, and en route procedures for aircraft operating under instrument flight rules;
(3) The impact on existing and planned public use airports; (4) Airport traffic capacity of existing public use airports and public use airport development plans received before the issuance of the final determination; (5) Minimum obstacle clearance altitudes, minimum instrument flight rules altitudes, approved or planned instrument approach procedures, and departure procedures; (6) The potential effect on ATC radar, direction finders, ATC tower line-of-sight visibility, and physical or electromagnetic effects on air navigation, communication facilities, and other surveillance systems;
(7) The aeronautical effects resulting from the cumulative impact of a proposed construction or alteration of a structure when combined with the effects of other existing or proposed structures.
(b) If you withdraw the proposed construction or alteration or revise it so that it is no longer identified as an obstruction, or if no further aeronautical study is necessary, the FAA may terminate the study.
77.31 Determinations
(a) The FAA will issue a determination stating whether the proposed construction or alteration would be a hazard to air navigation, and will advise all known interested persons. (b) The FAA will make determinations based on the aeronautical study findings and will identify the following:
(1) The effects on VFR/IFR aeronautical departure/arrival operations, air traffic procedures, minimum flight altitudes, and existing, planned, or proposed airports listed in §77.15(e) of which the FAA has received actual notice prior to issuance of a final determination. (2) The extent of the physical and/or electromagnetic effect on the operation of existing or proposed air navigation facilities, communication aids, or surveillance systems. (c) The FAA will issue a Determination of Hazard to Air Navigation when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard and would have a substantial aeronautical impact.
(d) A Determination of No Hazard to Air Navigation will be issued when the aeronautical study concludes that the proposed construction or alteration will exceed an obstruction standard but would not have a substantial aeronautical impact to air navigation. A Determination of No Hazard to Air Navigation may include the following:
(1) Conditional provisions of a determination.
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-12 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) (2) Limitations necessary to minimize potential problems, such as the use of temporary construction equipment.
(3) Supplemental notice requirements, when required.
(4) Marking and lighting recommendations, as appropriate. (e) The FAA will issue a Determination of No Hazard to Air Navigation when a proposed structure does not exceed any of the obstruction standards and would not be a hazard to air navigation.
77.33 Effective period of determinations
(a) The effective date of a determination not subject to discretionary review under §77.37(b) is the date of issuance. The effective date of all other determinations for a proposed or existing structure is 40 days from the date of issuance, provided a valid petition for review has not been received by the FAA. If a valid petition for review is filed, the determination will not become final, pending disposition of the petition.
(b) Unless extended, revised, or terminated, each Determination of No Hazard to Air Navigation issued under this subpart expires 18 months after the effective date of the determination, or on the date the proposed construction or alteration is abandoned, whichever is earlier. (c) A Determination of Hazard to Air Navigation has no expiration date. [Doc. No. FAA–2006–25002, 75 FR 42303, July 21, 2010, as amended by Amdt. 77–13–A, 76 FR 2802, Jan. 18, 2011]
77.35 Extensions, terminations, revisions and corrections (a) You may petition the FAA official that issued the Determination of No Hazard to Air Navigation to revise or reconsider the determination based on new facts or to extend the effective period of the determination, provided that:
(1) Actual structural work of the proposed construction or alteration, such as the laying of a foundation, but not including excavation, has not been started; and (2) The petition is submitted at least 15 days before the expiration date of the Determination of No Hazard to Air Navigation.
(b) A Determination of No Hazard to Air Navigation issued for those construction or alteration proposals not requiring an FCC construction permit may be extended by the FAA one time for a period not to exceed 18 months.
(c) A Determination of No Hazard to Air Navigation issued for a proposal requiring an FCC construction permit may be granted extensions for up to 18 months, provided that:
(1) You submit evidence that an application for a construction permit/license was filed with the FCC for the associated site within 6 months of issuance of the determination; and (2) You submit evidence that additional time is warranted because of FCC requirements; and (3) Where the FCC issues a construction permit, a final Determination of No Hazard to Air Navigation is effective until the date prescribed by the FCC for completion of the 1224
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-13 construction. If an extension of the original FCC completion date is needed, an extension of the FAA determination must be requested from the Obstruction Evaluation Service (OES).
(4) If the Commission refuses to issue a construction permit, the final determination expires on the date of its refusal.
SUBPART E - PETITIONS FOR DISCRETIONARY REVIEW
77.37 General
(a) If you are the sponsor, provided a substantive aeronautical comment on a proposal in an aeronautical study, or have a substantive aeronautical comment on the proposal but were not given an opportunity to state it, you may petition the FAA for a discretionary review of a determination, revision, or extension of a determination issued by the FAA. (b) You may not file a petition for discretionary review for a Determination of No Hazard that is issued for a temporary structure, marking and lighting recommendation, or when a proposed structure or alteration does not exceed obstruction standards contained in subpart C of this part.
77.39 Contents of a petition
(a) You must file a petition for discretionary review in writing and it must be received by the FAA within 30 days after the issuance of a determination under §77.31, or a revision or extension of the determination under §77.35.
(b) The petition must contain a full statement of the aeronautical basis on which the petition is made, and must include new information or facts not previously considered or presented during the aeronautical study, including valid aeronautical reasons why the determination, revisions, or extension made by the FAA should be reviewed.
(c) In the event that the last day of the 30-day filing period falls on a weekend or a day the Federal government is closed, the last day of the filing period is the next day that the government is open. (d) The FAA will inform the petitioner or sponsor (if other than the petitioner) and the FCC (whenever an FCC-related proposal is involved) of the filing of the petition and that the determination is not final pending disposition of the petition.
77.41 Discretionary review results
(a) If discretionary review is granted, the FAA will inform the petitioner and the sponsor (if other than the petitioner) of the issues to be studied and reviewed. The review may include a request for comments and a review of all records from the initial aeronautical study. (b) If discretionary review is denied, the FAA will notify the petitioner and the sponsor (if other than the petitioner), and the FCC, whenever an FCC-related proposal is involved, of the basis for the denial along with a statement that the determination is final. (c) After concluding the discretionary review process, the FAA will revise, affirm, or reverse the determination.
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-14 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) This page left intentionally blank
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TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-15 EXHIBIT B-1: CFR PART 77 IMAGINARY SURFACES
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-16 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) EXHIBIT B-2: CFR PART 77 NOTIFICATION - FAA FORM 7460-1 1228
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-17 EXHIBIT B-3: ONLINE SUBMITTAL OF FORM 7460-1: NOTICE OF PROPOSED CONSTRUCTION OR
ALTERATION
Historically a paper form called a “7460-1” was required to be submitted to the FAA for any project proposed on airport property and certain projects near airports. Recently, the FAA has moved from paper forms to an on-line system of evaluating the effects of a proposed project on the national airspace system.
▪ The on-line system can be accessed at https://oeaaa.faa.gov.
This new system allows project proponents to submit and track their proposal as it progresses through the FAA evaluation process.
The purpose of this guidance is to supplement and clarify the FAA user guide for the 7460 website. ▪ available at: https://oeaaa.faa.gov/oeaaa/external/content/OEexternal_Guide_v3.1.pdf We recommend that the user first read the entire guide provided by the FAA, and then use this document to clarify some of the more complicated aspects of the online 7460 system.
When a project must be submitted to the FAA
CFR Title 14 Part 77.13 states that any person/organization who intends to sponsor any of the following construction or alterations must notify the Administrator of the FAA:
▪ Any construction or alteration exceeding 200 ft. above ground level ▪ Any construction or alteration:
within 20,000 ft. of a public use or military airport which exceeds a 100:1 surface from any point on the runway of each airport with at least one runway more than 3,200 ft.
within 10,000 ft. of a public use or military airport which exceeds a 50:1 surface from any point on the runway of each airport with its longest runway no more than 3,200 ft.
within 5,000 ft. of a public use heliport which exceeds a 25:1 surface
▪ Any highway, railroad or other traverse way whose prescribed adjusted height would exceed the above noted standards
▪ When requested by the FAA
▪ Any construction or alteration located on a public use airport or heliport regardless of height or location.
Create an account
Before accessing the features of the website, the user will be required to create a username and password to access the website.
The FAA has been
continuously improving the
oe/aaa website to be more
user friendly and increase the
on-line functionality. The look
and feel of the website may
change in the future, but the
majority of the content should
remain as is.
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-18 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) Once a user has created an account, they will be able to log in and will be directed to the OE/AAA Portal Page. This page displays a summary of any projects which have been entered into the website, categorized by off-airport and on-airport projects.
Adding a Sponsor
Before a user can enter project specific information, a project sponsor must be created. A sponsor is the person who is ultimately responsible for the construction or alteration. All FAA correspondence will be addressed to the sponsor. The sponsor could be the airport manager for projects proposed by the airport, or the developer proposing off airport construction. To create a sponsor contact, click “Add New Sponsor” on the “portal” page. From there the user can add sponsors for various projects. 1230
TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-19 When the user selects “Add New Sponsor”, they will be presented with the following screen:
Creating a New Submittal
There are two options for creating a new 7460 submittal. Again on the left side, either click “Add New Case (off airport)” or “Add New Case (on airport)”
NOTE: The party submitting
information through the FAA
website DOES NOT have to be
the same as the sponsor.
Often, a consultant or other
party under direction from the
sponsor makes the submittal
through the website
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APPENDIX B TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 B-20 Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) There are some differences in the required fields for “on airport” vs. “off airport” but the differences are minor and self-explanatory. One tip: for off airport submittals there is a field for “requested marking/lighting”. If the user does not have a preference, select other from the pull down menu and in the “other field” state “no preference”.
▪ The most common “notice of” is construction. Select from pull down menu. ▪ Latitude and longitude must be entered for the structure/construction activity. ▪ Most 7460 submittals will require multiple points with lat/long unless the 7460 is for a pole/tower/ or other single point object. Buildings and construction areas all require points indicating the extents of the building or area. More information is provided below on how to add additional points to a submittal.
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TITLE 14 CODE OF FEDERAL REGULATIONS PART 77 APPENDIX B Napa Countywide Airport Land Use Compatibility Plan (Adopted December 04, 2024) B-21 ▪ There is a field to describe the activity taking place. In some complex activities the field does not provide enough room for the required text.
An additional explanatory letter can be attached. Additional information is provided in this section on how to add a letter or document to the submittal.
▪ Red asterisks indicate the required fields.
▪ Unless there has been a previous aeronautical study for this submittal leave the “prior study” fields blank.
▪ Only select “common frequency bands” if the proposed structure will transmit a signal.
If the submittal is a building or construction area that is more than a single lat/long point the user must save the data first. Click save at the bottom of the page. This will bring up a summary screen of the case. To add more points click “clone” under the heading “actions”.