Chapter 18.97 — P-S-A PUBLIC SAFETY AIRPORT COMBINING DISTRICT

The regulations of this chapter shall be applied to protect public health, safety and welfare by minimizing the public's exposure to excessive noise and safety hazards within areas around public airports.

(Ord. 467A § 3, 1988)

The regulations set forth in this chapter shall be applied in all districts with which are combined P-SA districts in addition to the regulations specified in this title for the primary zoning district; provided, however, that the regulations of this chapter shall take precedence over uses otherwise allowed by this title. P-S-A districts shall be zoned to conform to safety areas identified by the Lassen County Airport Land Use Commission (ALUC) and denoted as either: (1) a "Referral Area A" in a duly adopted Airport Land Use Plan (ALUP); or (2) an "Airport Safety Area" in a resolution duly adopted by the ALUC for the purpose of establishing interim referral areas prior to adoption of the ALUP. (Ord. 467A § 3, 1988)

Special provisions for a P-S-A district shall be as follows:

• (1) No new building or structure intended for residential, commercial, industrial, institutional, or any other human use on a parcel wholly or in part within a P-S-A district shall be permitted without either:

  • (A) Certification by the ALUC or its designated staff that the use is consistent with the applicable Airport Land Use Plan or Airport Safety Area; or

  • (B) A judgment made by the local agency, adopted pursuant to this chapter, that the proposed use is consistent with the need 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.

• (2) No building permit, project, or use subject to review pursuant to this chapter shall be approved by the county or considered to be an allowed use in the P-S-A district until the ALUC or its designated staff has had an opportunity to review the proposed project pursuant to this chapter.

• (3) In the event that a ministerial application or discretionary application is submitted, for lands wholly or partially within any airport influence area, as defined in this title, the proposed use shall be subject to the noise, overflight, safety and airspace protection requirements of the applicable airport land use compatibility plan and shall be referred to the Lassen County Airport Land Use Commission for a consistency determination by the Commission or assigned staff in accordance with said plan.

• (4) In the event that a ministerial application or discretionary application is submitted, for lands wholly or partially within any airport influence area, as defined in this title, no building or structure shall be allowed to extend into the Federal Aviation Regulation Part 77 airspace. All applications shall comply with the requirements of the applicable airport land use compatibility plan and shall be referred to the Lassen County Airport Land Use Commission for a determination by the Commission or assigned staff.

• (Ord. 467A § 3, 1988; Ord. 2016-005 § 2)

Review pursuant to this chapter shall be conducted pursuant to this section:

• (1) The planning department shall review project applications, including applications for building permits, use permits, rezoning, general plan amendments, subdivisions, and other development applications, to determine their relationship to Referral Areas designated in Airport Land Use Plans and Airport Safety Areas.

• (2) Projects proposed in a P-S-A district shall be submitted for review by the ALUC or its designated staff pursuant to review procedures adopted by that commission, provided that review by the ALUC and its staff shall be made within the following timeframes, beginning at the date on which the project is submitted to the planning department:

  • (A) A determination of consistency shall be made by staff within seven calendar days or the project shall be deferred to the ALUC;

  • (B) The ALUC shall conduct its review of the project within thirty-one calendar days, provided that, if continuation of review is necessary, review may be continued for a period not to exceed thirty-one calendar days;

  • (C) If the ALUC fails to make a determination of whether or not the proposed project is consistent with the applicable airport land use plan within sixty-two days as stated above, the proposed project may be deemed by the county to be consistent with the applicable airport land use plan.

• (3) For projects that are subject to review under the California Environmental Quality Act, the referral shall be conducted in conjunction with the county's environmental review process.

• (4) If a proposed project or use is determined by the ALUC to be inconsistent with the applicable Airport Land Use Plan or Airport Safety Area, the county will take one of the following actions in consideration of the project application:

  • (A) The proposed use shall be denied or deemed to be inconsistent with the county's general plan pursuant to the "consistency requirement" of Government Code Section 65302.3 ;

  • (B) The board of supervisors may overrule the ALUC in each particular case by a two-thirds vote after public hearing in review of the application if the board makes specific findings that the proposed project or use may be approved under Section 18.97.030(1)(B) .

• (5) A public hearing by the board of supervisors in review of a project which the ALUC has determined is not consistent with an Airport Land Use Plan or Airport Safety Area may be made at a public hearing before the board which would normally be held for such an application, or in

appeal of a planning commission action regarding the application, or when a public hearing would not normally be held, in response to a petition for review by the applicant.

• (6) A petition for review may be made by a project applicant to request that the board of supervisors consider holding a public hearing, when a public hearing would not normally be held, to review a determination by the ALUC that a project is inconsistent with the Airport Land Use Plan or Airport Safety Area. At such a public hearing, the board may consider overruling the ALUC under the circumstances of the particular case, pursuant to this chapter.

• (7) A fee may be established by the board to cover the cost of holding a special public hearing for consideration of a petition for review when a public hearing would not otherwise be held for the application to be reviewed.

• (Ord. 467A § 3, 1988)