§ 20.3.30. Airport approach height combining (H) district.

1.

Purpose and Intent. The Airport Safety Regulations are established to provide greater safety to both aviators and the general public by establishing requirements for land use compatibility reviews within designated areas depicted in Table 3.B (Delano Municipal Airport Compatibility Measures) of this Chapter.

2.

Permitted Uses. Permitted uses in an H district are those uses permitted by the base district with which the H district is combined.

3.

Uses Permitted with a conditional use permit. Uses permitted with a conditional use permit in an H district are those conditional uses permitted by the base district with which the H district is combined.

4.

Prohibited Uses. Prohibited uses in an H district are those uses prohibited by the base district with which the H district is combined.

5.

Minimum Lot Size. Minimum lot size requirements in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

6.

Minimum Lot Area per Dwelling Unit. Requirements for minimum lot area per dwelling unit in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

7.

Yards and Setbacks. Yard and setback requirements in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

8.

Height Limits. The height of structures, trees and other objects, in the H district, shall be no less restrictive than requirements of Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration (FAA), Department of Transportation, or of any corresponding rules or regulations of the Federal Aviation Administration, as amended. When there is conflict between the regulations of the FAA and the requirements of the base district with which the H district is combined, the regulations of the FAA shall prevail. When there is no such conflict, the permitted height shall be in accordance with the requirements of the base district with which the H district is combined.

9.

Minimum Distance Between Structures. The minimum distance between structures in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

10.

Parking. Parking requirements in an H district shall be in compliance with the requirements of Chapter 20.13 of this Title.

11.

Signs. Sign requirements in an H district shall be in compliance with the requirements of Chapter 20.14, of this Title.

12.

Landscaping. Landscaping requirements in an H district shall be incompliance with the requirements of the base district with which the H district is combined.

13.

Location Requirements.

a.

The Airport Safety Regulations apply to the Delano Municipal Airport and any future airports that may be established in the City.

b.

The area subject to these Airport Safety Regulations is the "Airport Influence Area" consistent with the definitions and criteria published in the 2002 edition of the California Airport Land Use Planning Handbook which is reflected in the "Basic Safety Compatibility Qualities and Safety Compatibility Criteria Guidelines" table (refer to Table 3.B) and the "Caltrans Safety Zones Applied to Delano Municipal Airport" map (refer to Table 3.C) of this Chapter.

c.

In all other cases, the applicable area may include all that area as defined in the Federal Aviation Regulations, Part 77. (FAR Part 77), which depicts imaginary surfaces for "objects affecting navigable airspace", as applicable to the specific FAA approved Airport Layout and Approach Plan, as well as the State of California's "Airport Land Use Planning Handbook." In the event FAR requirements or the State's Handbook change, the most current provisions shall apply.

Table 3.B
Basic Safety Compatibility Qualities

Zone 1: Runway Protection Zone

Risk Factors/Runway Proximity

> Very high risk

> Runway protection zone as defined by FAA criteria

> For military airports, clear zones as defined by AlCUZ criteria

Basic Compatibility Qualities

> Airport ownership of property encouraged

> Prohibit all new structures

> Prohibit residential land uses

> Avoid nonresidential uses except if very low intensity in character and confined to the sides and outer end of the area

_____

Zone 2: Inner Approach/Departure Zone

Risk Factors/Runway Proximity

> Substantial risk: RPZs together with inner safety zones encompass 30% to 50% of near-airport aircraft accident sites (air carrier and general aviation)

> Zone extends beyond and, if RPZ is narrow, along sides of RPZ

> Encompasses areas overflown at low altitudes — typically only 200 to 400 feet above runway elevation

Basic Compatibility Qualities

> Prohibit residential uses except on large, agricultural parcels

> Limit nonresidential uses to activities which attract few people (uses such as shopping centers, most eating establishments, theaters, meeting halls, multi-story office buildings, and labor-intensive manufacturing plants unacceptable)

> Prohibit children's schools, day care centers, hospitals, nursing homes

> Prohibit hazardous uses (e.g., above ground bulk fuel storage)

_____

Zone 3: Inner Turning Zone

Risk Factors/Runway Proximity

> Zone primarily applicable to general aviation airports

> Encompasses locations where aircraft are typically turning from the base to final approach legs of the standard traffic pattern and are descending from traffic pattern altitude

> Zone also includes the area where departing aircraft normally complete the transition from takeoff power and flap settings to a climb mode and have begun to turn to their en route heading

Basic Compatibility Qualities

> Limit residential uses to very low densities (if not deemed unacceptable because of noise)

> Avoid nonresidential uses having moderate or higher usage intensities (e.g., major shopping centers, fast food restaurants, theaters, meeting halls, buildings with more than three aboveground habitable floors are generally unacceptable)

> Prohibit children's schools, large day care centers, hospitals, nursing homes

> Avoid hazardous uses (e.g., above ground bulk fuel storage)

_____

Zone 4: Outer Approach/Departure Zone

Risk Factors/Runway Proximity

> Situated along extended runway centerline beyond Zone 3

> Approaching aircraft usually at less than traffic pattern altitude

> Particularly applicable for busy general aviation runways (because of elongated traffic pattern), runways with straight-in instrument approach procedures, and other runways where straight-in or straight-out flight paths are common

> Zone can be reduced in size or eliminated for runways with very-low activity levels

Basic Compatibility Qualities

> In undeveloped areas, limit residential uses to very low densities (if not deemed unacceptable because of noise); if alternative uses are impractical, allow higher densities as infill in urban areas

> Limit nonresidential uses as in Zone 3

> Prohibit children's schools, large day care centers, hospitals, nursing homes

_____

Zone 5: Sideline Zone

Risk Factors/Runway Proximity

> Encompasses close-in area lateral to runways

> Area not normally overflown; primary risk is with aircraft (especially twins) losing directional control on takeoff

> Area is on airport property at most airports

Basic Compatibility Qualities

> Avoid residential uses unless airport related (noise usually also a factor)

> Allow all common aviation-related activities provided that height-limit criteria are met

> Limit other nonresidential uses similarly to Zone 3, but with slightly higher usage intensities

> Prohibit children's schools, large day care centers, hospitals, nursing homes

_____

Zone 6: Traffic Pattern Zone

Risk Factors/Runway Proximity

> Generally low likelihood of accident occurrence at most airports; risk concern primarily is with uses for which potential consequences are severe

> Zone includes all other portions of regular traffic patterns and pattern entry routes

Basic Compatibility Qualities

> Allow residential uses

> Allow most nonresidential uses; prohibit outdoor stadiums and similar uses with very high intensities

> Avoid children's schools, large day care centers, hospitals, nursing homes

_____

Definitions

As used in this table, the follow meanings are intended:

> ;hg; Allow: Use is acceptable

> ;hg; Limit: Use is acceptable only if density/intensity restrictions are met

> ;hg; Avoid: Use generally should not be permitted unless no feasible alternative is available

> ;hg; Prohibit: Use should not be permitted under any circumstances

> ;hg; Children's Schools: Through grade 12

> ;hg; Large Day Care Centers: Commercial facilities as defined in accordance with state law; for the purposes here, family day care homes and noncommercial facilities ancillary to a place of business are generally allowed.

> ;hg; Above ground Bulk Storage of Fuel: Tank size greater than 6,000 gallons (this suggested criterion is based on Uniform Fire Code criteria which are more stringent for larger tank sizes)

Safety Compatibility Criteria Guidelines
Land Use Densities and Intensities

	MAXIMUM RESIDENTIAL DENSITY       Safety Compatibility Zones a
Current Setting	(1) Runway Protection Zone	(2) Innder Approach/ Departure Zone	(3) Inner Turning Zone	(4) Outer Approach/ Departure Zone	(5) Sideline Zone	(6) Traffic Pattern Zone
Average number of dwelling units per gross acre
Rural Farmland/ Open Space (Minimal Development)	0	Maintain current zoning if less than density criteria for rural/suburban setting				No limit
Rural/Suburban (Mostly to Partially Undeveloped)	0	1 d.u. per 10 - 20 ac.	1 d.u. per 2 - 5 ac.	1 d.u. per 2 - 5 ac.	1 d.u. per 1 - 2 ac.	No limit
Urban (Heavily Developed)	0	0	Allow infill at up to average of surrounding residential area;sup\sup;			No limit
a  Clustering to preserve open land encouraged in all zones. ;sup\sup; See Chapter 3 for discussion of infill development criteria; infill is appropriate only if nonresidential uses are not feasible.
	MAXIMUM NONRESIDENTIAL INTENSITY Safety Compatibility Zones
Current Setting	(1) Runway Protection Zone	(2) Inner Approach/ Departure Zone	(3) Inner Turning Zone	(4) Outer Approach/ Departure Zone	(5) Sideline Zone	(6) Traffic Pattern Zone
Average number of people per gross acre a
Rural Farmland/ Open Space (Minimal Development)	0;sup\sup;	10 - 25	60 - 80	60 - 80	80 - 100	150
Rural/Suburban (Mostly to Partially Undeveloped)	0;sup\sup;	25 - 40	60 - 80	60 - 80	80 - 100	150
Urban (Heavily Developed)	0;sup\sup;	40 - 60	80 - 100	80 - 100	100 - 150	No limit c
Multipliers for above numbers d
Maximum Number of People per Single Acre	x 1.0	x 2.0	x 2.0	x 3.0	x 2.0	x 3.0
Bonus for Special Risk- Reduction Bldg. Design	x 1.0	x 1.5	x 2.0	x 2.0	x 2.0	x 2.0
a  Also see Table 9B for guidelines regarding uses which should be prohibited regardless of usage intensity ;sup\sup; Exceptions can be permitted for agricultural activities, roads, and automobile parking provided that FAA criteria are satisfied. c  Large stadiums and similar uses should be prohibited. d  Multipliers are cumulative (e.g., maximum intensity per single acre in inner safety zone is 2.0 times thé average intensity for the site, but with risk-reduction building design is 2.0 x 1.5 = 3.0 times the average intensity).

 

Table 3.C
Caltrans Safety Zones Applied to
Delano Municipal Airport

14.

Findings. The Community Development Director shall determine that all of the following are true prior to approving any land use application or issuing any development permit within the Airport Safety Review Areas. If the findings cannot be made, a conditional use permit shall be required. Such conditional use permit shall find that the proposed use will not adversely affect the safety of persons residing, working or traveling within the review areas or affect the viability of the airport, prior to approval of the project.

a.

The proposed use is consistent with the General Plan, Zoning Ordinance, and the Delano Municipal Airport Master Plan.

b.

The proposed use is consistent with the Kern County Airport Land Use Compatibility Plan.

c.

The proposed use does not involve the storage or dispensing of volatile or otherwise hazardous substances that would endanger aircraft operations and public safety.

d.

The proposed use does not attract a large concentration of birds, produce smoke, generate electrical interference, reflect glare or light, or emit radio transmissions that may endanger aircraft operations.

e.

The proposed use promotes the public interest to provide for the development of the public-use airport and the area around the airport in such a manner, among other things, to comply with the noise standards adopted pursuant to the General Plan and the provisions of Section 20.10.180 of this Title and to prevent the creation of new noise and safety hazards.

f.

The proposed use enhances the protection of public health, safety and welfare, by ensuring the orderly expansion of the airport and the adoption of land use measures or development standards that minimize the public's exposure to excessive noise and safety hazards within the area around the airport to the extent that such areas are not already devoted to incompatible uses.

g.

The proposed use will not adversely affect safe air navigation, airport operations, or interfere with airport communications.

h.

The proposed use complies with the development standards specified by this Chapter.

15.

Development Standards. When a land use is proposed within an area governed by this Chapter, the following standards and criteria shall apply:

a.

Proposed structures and the normal mature height of any vegetation shall not exceed the height limitations provided by the requirements of Federal Aviation Regulations (FAR), Part 77 or with the requirements of this Chapter. Existing topographic elevations, as compared to the elevation of the centerline of the runway (primary surface), shall be considered in determining the permitted height of an affected structure.

b.

Proposed uses shall be consistent with the General Plan, this Title, The Delano Municipal Airport Master Plan, and the Kern County Airport Land Use Compatibility Plan.

c.

The proposed use or the structure shall not reflect glare, emit electronic interference or produce smoke that would endanger aircraft operations.

d.

All heliports shall be constructed pursuant to FAA Advisory Circular 150/5390-1B.

e.

The provisions of the California Airport Land Use Planning Handbook shall be met.

(Ord. No. 2011-1234, § 1(Exh. A), 9-6-2011)