RESOLUTION 22-80
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 SOUTH SAN FRANCISCO GENERAL PLAN,
HOUSING ELEMENT AND ZONING CODE UPDATES ARE 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 WHEREAS, the City of South San Francisco has prepared public drafts of its 2040 General Plan, Zoning Code and Housing Element Updates, all of which affect properties that are located within Airport Influence Area B, the “project/policy referral area”, for San Francisco International Airport (SFO); and
WHEREAS, the City of South San Francisco has referred the policy documents to C/CAG, acting as the San Mateo County Airport Land Use Commission, for a determination of consistency with the SFO ALUCP; and
WHEREAS, the City of South San Francisco has, in addition, submitted errata sheets for both the General Plan and the Zoning Code (“Errata Sheet to the Final Adoption of the 2040 General Plan Update Document” and “Errata Sheet to the Final Adoption Draft of the Zoning Ordinance Update Document”) outlining modifications to the public review drafts of the General Plan and Zoning Code to address ALUCP consistency concerns; and
WHEREAS, the SFO ALUCP includes policies regarding establishment of a) an Airport Influence Area, with related real estate disclosure requirements and Airport Land Use Commission review authority; b) noise compatibility policies and criteria; c) safety policies and criteria; and d) airspace protection policies. The consistency analysis evaluated the extent to which the General Plan, including the Housing Element and modifications identified in the General Plan Errata, reflects these policies:
a. Airport Influence Area – The SFO ALUCP contains policies related to two Airport Influence Areas (AIAs), Area A and Area B. AIA A identifies an area where real estate disclosure requirements exist to identify proximity to SFO and potential annoyances or inconveniences that may result. AIA B is the project referral area, requiring formal action by the Airport Land Use Commission.
The draft South San Francisco General Plan, together with the changes identified in the Errata, includes the following related policies:
Attachment 1
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• Action CR-1.3.4: Review consistency with San Francisco International Airport Land Use Compatibility Plan. Update review the San Francisco International Airport Land Use Compatibility Plan (ALUCP) and as needed, update the City of South San Francisco’s General Plan to be in conformance with noise, safety and airspace protection compatibility standards in the most recently adopted version of the ALUCP. • Action CR-1.3.5: Airport Land Use Commission Review. Ensure that all applicable long-range plans and associated amendments and ordinances are reviewed by the City/County Association of Governments Board of Directors, acting as San Mateo County’s Airport Land Use Commission, for a determination of consistency with the most recently adopted version of the ALUCP, as required by State law. • Action CR-1.3.3: Require multi-hazard real estate disclosure. Enact an ordinance to require real estate disclosures of all hazards identified in the Hazard Mitigation Plan, including hazards associated with anticipatory sea level rise and flooding, geologic hazards, groundwater inundation, airport noise and related issues, or wildfire for commercial and residential properties, including ownership and rental.
Together, these policies broadly incorporate the relevant policies and criteria of the SFO ALUCP.
b. Noise Policy Consistency Analysis – The SFO ALUCP contains Noise Compatibility Policies, which establish noise compatibility zones (defined by the CNEL 65-, 70- and 75- dB contours), define land use compatibility criteria within these zones, and determine circumstances where the granting of an avigation easement is required. Both the CNEL 65- and 70- dB contours extend over portions of South San Francisco, as shown on SFO ALUCP Exh. IV-6.
The draft South San Francisco General Plan, together with the changes identified in the Errata, includes the following airport noise related policies:
Goal NOI-1: Residents and employees of South San Francisco are exposed to acceptable noise levels.
- Policy NOI-1-1: Ensure new development complies with Noise Compatibility guidelines. Ensure that all new development within the city complies with the Land Use/Noise Compatibility guidelines shown in Table 11. New development within the 65 dB CNEL contour must conform with the applicable standards of the most recently adopted ALUCP.
- Action NOI-1.1.3: Require noise study in applicable areas. Require a noise study to be performed and appropriate noise attenuation to be incorporated to reduce interior noise levels to 45 dB CNEL or less prior to approving any multifamily or mixed-use residential development in an area with a CNEL of 65 dB or greater. Sub-Areas Element – El Camino Real Sub-Area
- Policy SA-12.6: Encourage residential development within 65 dB noise contour.
Encourage residential development in the South Spruce area that are within the 65 dB CNEL contour, provided the interior of a structure meets the standard indoor 45 dB CNEL noise requirement, and where applicable per the ALUCP, an avigation easement is granted to the City and County of San Francisco. 112
- Action SA-12.6.1 Review consistency with San Francisco International Airport Land Use Compatibility Plan (ALUCP). Review the San Francisco International Airport ALUCP with regards to land use compatibility standards. In the event that updates to the ALUCP allow residential land uses on suitable sites on the El Camino Real corridor where residential is not currently permitted, update the General Plan to allow Urban Residential uses.
South San Francisco Housing Element – All of the proposed Housing Element Opportunity Sites are located outside of the CNEL 70 dB contour.
Together, these policies broadly incorporate the relevant Noise Compatibility policies and criteria of the SFO ALUCP.
c. Safety Policy Consistency Analysis – The SFO ALUCP includes five sets of safety zones and sets forth land use compatibility criteria for each of these zones. As shown on SFO ALUCP Exhibit IV-8, Safety Zones 2, 3 and 4 extend over portions of South San Francisco.
Together, Action CR-1.3.4 and Action CR-1.3.5 noted above, which direct that all that all future land use actions and/or associated development conform to the policies of the SFO ALUCP and ensure that future plan amendments will be submitted to the ALUC for consistency reviews provide assurance of consistency with the Safety Policies of the SFO ALUCP.
d. Airspace Protection Policy Consistency Analysis – 14 Code of Federal Regulations (CFR) Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace, governs the FAA’s review of proposed construction exceeding certain height limits, defines airspace obstruction criteria, and provides for FAA aeronautical studies of proposed construction. In addition, Airspace Protection policies in the SFO ALUCP concerning maximum structure heights require compliance with the Critical Aeronautical Surfaces as depicted on Exhibits IV-17 & IV-18.
The South San Francisco General Plan Update, together with the changes identified in the attached Errata, includes the following policy related to airspace protection. Policy SA-21.3: Allow building heights in the East of 101 area to the maximum limits permitted under Federal Aviation Administration Regulations and San Francisco International Airport ALUCP Critical Aeronautical Surfaces requirements.
Additionally, Action CR-1.3.4 and Action CR-1.3.5 noted above, which direct that all that all future land use actions and/or associated development conform to the policies of the SFO ALUCP and ensure that future plan amendments will be submitted to the ALUC for consistency reviews provide policy direction of intent to comply with the Airspace Protection Policies of the SFO ALUCP.
WHEREAS, 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) real estate disclosure requirements. In accordance with the guidance provided in the ALUCP, factors included in the Zoning Code consistency determination include whether the document describes the compatibility criteria to be applied to individual development applications; describe how the local 113
agency will ensure that applicable compatibility criteria are incorporated into site-specific development projects; and identify procedures for review and approval of development projects, as described below.
The Zoning Code, which provides the implementation procedures, includes the steps that will be taken during project review to ensure ALUCP criteria are considered. The Zoning Code will include a new section, Chapter 20.300.003 “Airport Land Use Compatibility Plan Consistency”, which will incorporate all standards related to the ALUCP, summarized below:
A. Airport Real Estate Disclosure Notices – Requires all applicable projects to comply with the real estate disclosure requirements outlined in SFO ALUCP Policy IP-1.
B. Airport Noise Evaluation and Mitigation – Requires evaluation of potential noise impacts of projects located within the CNEL 65 dB contour, as mapped in the ALUCP, and mitigation to achieve CNEL 45 dB interior or lower.
C. Avigation Easement – Requires grant of an avigation easement to the City/County of San Francisco as a condition of developing any land use considered to be conditionally compatible per the SFO ALUCP Table IV-I, consistent with SFO ALUCP Noise Policy NP-3.
D. Safety Compatibility Evaluation – Requires that all uses comply with the Safety Compatibility Policies of the ALUCP, consistent with SFO ALUCP Safety Policy SP 1 & 2.
E. Airspace Projection Evaluation –
1. Requires applicants to file Form 7460-1, Notice of Proposed Construction or Alteration, with the FAA for any proposed new structure and/or alterations to existing structures that would exceed the FAA notification heights as depicted in ALUCP Exhibit IV-11, and provide a copy of the findings as part of the development application materials, consistent with SFO ALUCP Policy AP-1.
2. Restricts maximum Building heights east of Highway 101 and within the Business Professional Office and Business Technology Park to the maximum height limits permissible under FAA regulations and the SFO ALUCP Critical Aeronautical Surfaces requirements, consistent with SFO ALUCP Policy AP-3.
3. Other Flight Hazards – Consistent with SFO ALUCP Policy AP-4, for projects located with AIA B, calls for evaluation of land use characteristics to assure they are not hazards to air navigation, including sources of glare; distracting lights; sources of dust, smoke, steam, electric or electronic interference; wildlife attractants (especially flocks of birds), etc.; and
WHEREAS, in addition to the Errata sheets, further modifications outlined in Exhibit A, attached, have been identified to bring both the General Plan and Zoning Code into consistency with the SFO ALUCP; and
WHEREAS, at its meeting on August 25, 2022, based on the factors listed above and subject to inclusion of the modifications that are identified in the Errata and Exhibit A, the Airport Land Use Committee recommended that the C/CAG Board of Directors, acting as the Airport Land Use Commission, determine that the Specific Plan 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 South San Francisco General Plan, Housing Element and Zoning Code Updates are determined to be consistent with the 114
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 15TH DAY OF SEPTEMBER 2022.
Davina Hurt, Chair
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