Attachment 4_40 Airport Blvd - ALUC Resolution and CCAG Agenda Report — South San Francisco City Council, July 27, 2022

Item 6.5

C/CAG AGENDA REPORT
Date: July 14, 2022
To: City/County Association of Governments of San Mateo County Board of Directors From: Sean Charpentier, Executive Director
Subject: Approval of Resolution 22-62 determining that the proposed 40 Airport Boulevard Project, an 8-story, 292-unit multi-family residential building on a 1.63-acre site, in South San Francisco, including related General Plan, Specific Plan and Zoning Ordinance Amendments, is conditionally consistent with the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport. (For further information please contact Susy Kalkin at [email protected]) ______________________________________________________________________________

RECOMMENDATION
That the C/CAG Board of Directors, acting as the San Mateo County Airport Land Use Commission, approve Resolution 22-62 determining that the proposed 40 Airport Boulevard Multifamily Residential Project in South San Francisco, including General Plan, Specific Plan and Zoning Amendments, is conditionally consistent with the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport, subject to the following conditions:
 Prior to issuance of a building permit, the project sponsor shall file Form 7460-1 with the FAA and provide to the City of South San Francisco an FAA “Determination of No Hazard”.  The City of South San Francisco shall require that the project sponsor comply with the real estate disclosure requirements outlined in Policy IP-1 of the SFO ALUCP.

BACKGROUND
The proposed project is comprised of an 8-story, 292-unit multifamily housing structure apartment building on a 1.62-acre site. To facilitate this residential project, various land use entitlements are requested, including: a General Plan Amendment to change the land use designation to “Downtown Transit Core”; a Specific Plan amendment to remove the site from the Downtown Station Area Specific Plan; and a Zoning Amendment to rezone the property to “PD - Planned Development”.

The Project is located within Airport Influence Area B (AIA B), the “Project Referral” area, for San Francisco International Airport. California Government Code Section 65302.3 states that a local agency General Plan, Zoning Ordinance and/or any affected specific plan must be consistent with the applicable airport/land use criteria in the relevant adopted Airport Land Use Compatibility Plan (ALUCP). In accordance with these requirements, the City of South San Francisco has referred the Project to C/CAG, acting as the San Mateo County Airport Land Use Commission, for a determination of consistency with the SFO ALUCP.
30 DISCUSSION
ALUCP Consistency Evaluation
The SFO ALUCP contains policies and criteria to address four issues: (a) aircraft noise impacts; (b) safety compatibility criteria; (c) height of structures/airspace protection; and (d) overflight notification. The following sections describe the degree to which the Project is compatible with each. (a) Aircraft Noise Impacts
The 65 dB CNEL (Community Noise Equivalent Level) aircraft noise contour defines the threshold for airport noise impacts established in the SFO ALUCP. All land uses located outside this contour are deemed consistent with the noise policies of the SFO ALUCP.

As shown on Attachment 3, the subject property lies outside the bounds of the 65dB CNEL contour, and therefore the Project is consistent with the SFO ALUCP noise policies and criteria. (b) Safety Compatibility
The SFO ALUCP includes five safety zones and related land use compatibility policies and criteria.

As shown on Attachment 4, the Project site is located outside of the safety zones established in the SFO ALUCP, and therefore the safety policies and criteria do not apply to the Project. (c) Height of Structures/Airspace Protection
Pursuant to the SFO ALUCP, airspace protection compatibility of proposed land uses within its AIA is evaluated in accordance with the following criteria: (1) 14 Code of Federal Regulations Part 77 (FAR Part 77), “Safe, Efficient Use and Preservation of the Navigable Airspace”, which establishes the standards for determining obstructions to air navigation; and (2) FAA notification surfaces.

In order to be deemed consistent with the ALUCP, the maximum height of a new building must be the lower of (1) the height shown on the SFO Critical Aeronautical Surfaces map; or (2) the maximum height determined not to be a “hazard to air navigation” by the FAA in an aeronautical study prepared pursuant to the filing of Form 7460-1.

As this disclosure requirement is not currently included in South San Francisco’s Municipal Code, the following condition is proposed:
 The City of South San Francisco shall require that the project sponsor comply with the real estate disclosure requirements outlined in Policy IP-1 of the SFO ALUCP San Francisco International Airport (SFO) Staff Comments SFO Planning and Environmental Affairs staff provided comments on the proposed project, included as Attachment 7. In general, they note that the project appears to be compatible with the Noise, Safety and Airspace Protection Policies of the SFO ALUCP (subject to the issuance of a Determination of No Hazard from the FAA), although they caution that many airport departure procedures are designed to ascend over or near the Project area which may result in noise disturbances for some residents, especially during nighttime hours. They encourage the project sponsor to study these flight patterns and make appropriate accommodations in the building design to maximize residents’ comfort.

Airport Land Use Committee Meeting
The Airport Land Use Committee considered this item at its meeting on June 23, 2022, and unanimously recommended the project be found consistent with the policies of the SFO ALUCP subject to the conditions discussed above.

ATTACHMENTS

1. Resolution 22-62
The following attachments are available to download on the C/CAG website at:
https://ccag.ca.gov/committees/board-of-directors-2/

2. ALUCP application, together with related project description and plan set excerpts

3. SFO ALUCP Exh. IV-6 – Noise Compatibility Zones

4. SFO ALUCP Exh. IV-8 –Safety Compatibility Zones in SSF and San Bruno

5. SFO Airspace Tool Readout

6. SFO ALUCP Exh. IV-11 – FAA Notification Filing Reqs.

7. SFO Staff Comments dated June 14, 2022
32 RESOLUTION 22-62

RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY/COUNTY ASSOCIATION OF

GOVERNMENTS OF SAN MATEO COUNTY, ACTING AS THE SAN MATEO COUNTY AIRPORT LAND USE COMMISSION, DETERMINING THAT THE PROPOSED 40 AIRPORT BOULEVARD MULTIFAMILY

RESIDENTIAL PROJECT IN SOUTH SAN FRANCISCO, INCLUDING GENERAL PLAN, SPECIFIC PLAN

AND ZONING AMENDMENTS, IS CONDITIONALLY CONSISTENT WITH THE COMPREHENSIVE

AIRPORT LAND USE COMPATIBILITY PLAN FOR THE ENVIRONS OF SAN FRANCISCO INTERNATIONAL AIRPORT.

RESOLVED, by the Board of Directors of the City/County Association of Governments of San Mateo County (C/CAG), in its capacity as the San Mateo County Airport Land Use Commission, that,
WHEREAS, California Government Code Section 65302.3 states that a local agency General Plan, Zoning Ordinance and/or any affected specific plan must be consistent with the applicable airport/land use criteria in the relevant adopted Airport Land Use Compatibility Plan (ALUCP) and furthermore, per Policy GP-10.1 of the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP), if a jurisdiction has not made its local plans consistent with the ALUCP all proposed development projects within AIA B may be subject to ALUC review; and
WHEREAS, the City of South San Francisco has not yet amended its Zoning Ordinance to reflect the policies and requirements of the SFO ALUCP; and WHEREAS, the City of South San Francisco has received an application for a development project to construct an 8-story, 292-unit multi-family residential building at 40 Airport Boulevard, including related General Plan, Specific Plan and Zoning Amendments (the “Project”) which is located within Airport Influence Area B of San Francisco International Airport (SFO); and WHEREAS, the City of South San Francisco has referred the Project to C/CAG, acting as the San Mateo County Airport Land Use Commission, for a determination of consistency with the SFO ALUCP; and
WHEREAS, three sets of airport/land use compatibility policies and criteria in the SFO ALUCP relate to the Project: (a) noise compatibility policies and criteria; (b) safety policies and criteria; and (c) airspace protection policies, as discussed below:
(a) Noise Policy Consistency Analysis - The 65 dB CNEL (Community Noise Equivalent Level) aircraft noise contour defines the threshold for airport noise impacts established in the SFO ALUCP. All land uses located outside this contour are deemed consistent with the noise policies of the SFO ALUCP. Per SFO ALUCP Exhibit IV-6, the Project lies outside the bounds of the 65dB CNEL contour, and therefore is consistent with the SFO ALUCP noise policies and criteria.
(b) The SFO ALUCP includes five safety zones and related land use compatibility policies and criteria. Per SFO ALUCP Exhibit IV-8, the Project site is located outside of the safety zones established in the SFO ALUCP, and therefore the safety policies and criteria do not apply to the Project.
33 (c) Airspace Protection – Pursuant to the SFO ALUCP, airspace protection compatibility of proposed land uses within its AIA is evaluated in accordance with the following criteria: (1) 14 Code of Federal Regulations Part 77 (FAR Part 77), “Safe, Efficient Use and Preservation of the Navigable Airspace”, which establishes the standards for determining obstructions to air navigation; and (2) FAA notification surfaces.

In order to be deemed consistent with the ALUCP, the maximum height of a new building must be the lower of (1) the height shown on the SFO Critical Aeronautical Surfaces map or (2) the maximum height determined not to be a “hazard to air navigation” by the FAA in an aeronautical study prepared pursuant to the filing of Form 7460-1.

As proposed, the 8-story structure would be 95 feet tall to the top of the parapet. With a ground elevation of approximately 16 feet above mean sea level (MSL), the height of the project would therefore be about 111 feet above MSL. Utilizing the ‘SFO Online Airspace Tool”, it has been determined that the building would be about 250 feet below critical airspace. However, as shown on SFO ALUCP Exhibit IV-11, the Project is located in an area that requires FAA notification for projects greater than 65-100 feet tall, and a determination from the FAA that the project will not be a hazard to air navigation. In acknowledgement of this requirement, a condition is included in this consistency determination to require compliance; and WHEREAS, the Project site is located within the Airport Influence Area A (AIA A) of SFO, the real estate disclosure area. Pursuant to Policy IP-1, notification is required, prior to sale or lease of property located within the AIA, of the proximity of the airport and that the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations. As neither the Project application materials nor South San Francisco’s ordinances address this requirement, it is included herein as a condition of the consistency determination; and WHEREAS, at its meeting on June 23, 2022, based on the factors listed above and subject to the conditions identified, the Airport Land Use Committee recommended that the C/CAG Board of Directors, acting as the Airport Land Use Commission, determine that the Project is consistent with the SFO ALUCP; and,
NOW THEREFORE BE IT RESOLVED, by the Board of Directors of the City/County Association of Governments for San Mateo County, acting as the San Mateo County Airport Land Use Commission, that subject to the conditions contained in Exhibit A, attached, the Project is determined to be consistent with the applicable airport land use policies and criteria contained in the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport.

PASSED, APPROVED, AND ADOPTED, THIS 14TH DAY OF JULY 2022.

Davina Hurt, Chair
34 EXHIBIT A
Resolution 22-62 – Conditions of Consistency Determination:

1. Prior to issuance of a building permit, the project sponsor shall file Form 7460-1 with the FAA and provide to the City of South San Francisco an FAA “Determination of No Hazard”.

2. The City of South San Francisco shall require that the project sponsor comply with the real estate disclosure requirements outlined in Policy IP-1 of the SFO ALUCP. 35

South San Francisco City CouncilJuly 27, 2022

South San Francisco City Council
July 27, 2022