Division III. Overlay Zoning Districts
Chapter 18.100
AIRPORT OVERLAY DISTRICT (A)
Sections:
18.100.030 ALUC review required.
18.100.040 Development standards.
18.100.050 Nonconforming uses.
18.100.010 Purpose.
The purpose of the airport overlay district (A) is to provide protection to people and property on the ground and to protect Buchanan Field Airport from the encroachment of noncompatible land uses that may interfere with its safe operation. [Ord. 12-4. DC 2012 § 122-245].
18.100.020 Applicability.
The provisions of the airport overlay district (A) shall apply to all lands within the airport influence area (area extending 14,000 feet from the ends of the primary surfaces for specified runways) and airport safety zones as defined and shown in the Contra Costa County airport land use compatibility plan (ALUCP) adopted by the Contra Costa County airport land use commission (ALUC). In the event of a conflict between the provisions of this chapter and those in the ALUCP, the ALUCP provisions shall prevail. [Ord. 12-4. DC 2012 § 122-246].
18.100.030 ALUC review required.
All land use applications shall be referred to the ALUC for review and recommendation, as follows:
A. Actions affecting land uses anywhere within the airport influence area (See ALUCP, Airport Influence Area, Figure 3A) including:
1. Any proposal for new development (including buildings, antennas, and other structures) exceeding 150 feet in height.
2. Any obstruction reviewed by the Federal Aviation Administration (FAA) in accordance with the Federal Aviation Regulations, which receives a finding of anything other than “not a hazard” to air navigation.
3. Any project having the potential to create electrical or visual hazards to aircraft in flight, including:
a. Electrical interference with radio communication or navigational signals;
b. Lighting which could be mistaken for airport lighting;
c. Glare in the eyes of aircraft pilots using the airport; and
d. Impaired visibility near the airport.
4. Projects having the potential to attract an increased number of birds to the vicinity of the airport.
B. Actions affecting land uses within the 55 dB CNEL noise contour (See ALUCP, Composite Noise Contours, Figure 3B), and safety zones (See ALUCP, Safety Zones, Figure 3C) including:
1. Proposed residential development and subdivisions consisting of 20 or more acres and five or more lots.
2. Any discretionary project having a building floor area of 20,000 square feet or greater.
3. Major capital improvements (e.g., water, sewer, or roads) which would promote urban uses in undeveloped or agricultural areas where such uses are not reflected in a previously approved general plan or specific plan.
4. Proposed land acquisition by a government entity for any facility accommodating a congregation of people (for example, a school or hospital).
C. Any proposal for new development (including buildings, antennas, and structures) as follows:
1. Within Safety Zones 1 and 2: any proposal for new non-aviation development.
2. Within Safety Zones 3 and 4: any proposal more than 50 feet in height.
3. Within Height Exception Overlay Zones 1 and 1*: any proposal more than 150 feet in height.
4. Within Height Exception Overlay Zone 2: any proposal more than 45 feet in height.
5. Any non-aviation development of airport property if such development has not previously been included in an airport master plan or general plan reviewed by the ALUC.
6. Any proposal, regardless of location, for construction or alteration of a structure taller than 200 feet in height above the ground level of the site.
7. Any other proposed land use action involving a question of compatibility with airport activities. [Ord. 12-4. DC 2012 § 122-247].
18.100.040 Development standards.
The following development standards are set forth in the ALUCP and shall apply to all development within the airport influence area and the safety zones as specified below. Where a conflict exists between the development standards herein and the regulations of the base zoning district, the more restrictive shall apply.
A. Noise Compatibility. New development within the airport influence area shall be evaluated for compatibility with noise standards pursuant to the ALUCP.
B. Safety Compatibility. New development within the safety zones (See ALUCP Safety Zones, Figure 3C) shall meet the following criteria:
1. Safety Zone 1.
a. No new structures are permitted other than aeronautical facilities as determined by FAA criteria.
b. Storage of fuel and other hazardous materials is prohibited.
2. Safety Zone 2.
a. Land uses shall be limited to a maximum of 30 people per acre or one person per 500 square feet of gross building floor area, except that hotels, restaurants, shopping centers, theaters, and other places of public assembly may be acceptable with incorporation of the identified risk-reduction design features (see subsection (B)(5) of this section).
b. Buildings shall have no more than two habitable floors above ground.
c. Residences, K-12 schools, day care centers, hospitals, and nursing homes are specifically prohibited.
d. Above-ground bulk storage of hazardous materials is prohibited with the exception of up to 2,000 gallons of non-aviation flammable materials.
3. Safety Zone 3.
a. Land uses shall be limited to a maximum of 125 people per acre, except that fast food restaurants, major shopping centers, theaters, and other places of public assembly may be acceptable with incorporation of the identified risk-reduction design features (see subsection (B)(5) of this section).
b. Buildings shall have no more than three habitable floors above ground. However, if a building is proposed to have more than two habitable floors above ground, the project shall provide a disaster management plan to facilitate the rapid evacuation of building occupants in the event of an aircraft accident involving the building.
c. Residences, K-12 schools, hospitals, and nursing homes are specifically prohibited.
d. Above-ground storage of more than 2,000 gallons of fuel or other hazardous materials is prohibited.
4. Safety Zone 4.
a. Land use intensity is not limited, except buildings shall have no more than four habitable floors above ground.
b. Above-ground storage of more than 2,000 gallons of fuel or other hazardous materials is prohibited in existing or planned residential or commercial areas.
5. Risk-reduction design features (see ALUCP, Risk Reduction Design Feature Policies 4.2.4 and 5.3.6).
Subject to ALUC review as prescribed in CDC 18.100.030, higher intensity uses up to 45 people per acre for Safety Zone 2 and 250 people per acre for Safety Zone 3 may be permitted for buildings that incorporate special risk-reduction design features, such as:
a. Use of concrete walls;
b. Limited number and size of windows;
c. Upgraded building roof strength;
d. Avoidance of skylights;
e. Fire sprinkler system enhancements;
f. Single-story building design; and
g. Increased number of emergency exits.
C. Airspace Protection Criteria. (See ALUCP, Airspace Protection Surfaces, Figure 3D.)
1. Height Limitations. New development within the airport influence area that exceeds 45 feet in height shall be referred to the ALUC for a consistency determination with Federal Aviation Regulations (FAR) Part 77 and Terminal Instrument Procedures (TERPS) criteria.
2. Height Exception Overlay Zones 1 and 1*.
a. Height Exception Overlay Zone 1. Structures having a height up to 279 feet above mean sea level (approximately 250 feet above ground level) are permitted.
b. Height Exception Overlay Zone 1* (the area up to 100 feet west of Overlay Zone 1). Proposed structures are permitted to have a height equal to the lower of structures within the westernmost 400 feet of Height Exception Overlay Zone 1; or 279 feet above mean sea level. [Ord. 12-4. DC 2012 § 122-248].
18.100.050 Nonconforming uses.
A. Nonconforming Uses. Any use not in conformance with the ALUCP may be continued, modified, transferred, or sold. Expansion of nonconforming uses shall be permitted only as follows:
1. Expansion of nonconforming uses shall not be permitted within Safety Zone 1, except:
a. A nonconforming residential use may be expanded in building size; provided, that the expansion does not result in more dwelling units than currently exist on the parcel.
b. A nonconforming nonresidential use shall be permitted a one-time expansion of no more than 10 percent of the floor area of the existing structure or 1,000 square feet, whichever is greater; provided, that the expansion does not increase the use intensity (number of people per acre) by more than 10 percent above the levels existing on December 13, 2000.
c. Any expansion greater than indicated in subsection (A)(1)(c) of this section shall be subject to ALUC review and recommendation.
B. Reconstruction. An existing nonconforming development which has been fully or partially destroyed as the result of a calamity may be rebuilt only under the following conditions:
1. Reconstruction shall not be permitted within Safety Zone 1, except as follows:
a. A nonconforming residential use may be rebuilt; provided, that the reconstruction does not result in more dwelling units than currently exist on the parcel.
b. A nonconforming nonresidential use may be rebuilt; provided, that:
i. The structure involved has been only partially destroyed, meaning damage can be repaired at a cost of no more than 75 percent of the assessor’s full cash value of the structure at the time of damage; and
ii. The reconstruction does not increase the floor area of the previous structure by more than 10 percent or 1,000 square feet, whichever is greater, or result in an increase of more than 10 percent of the use intensity (number of people per acre).
c. Any nonresidential use which has been more than 75 percent destroyed must comply with all applicable standards contained in the ALUC plan when reconstructed.
d. Reconstruction pursuant to this subsection must begin within 24 months of the date that the damage occurred.
2. Development by Right. Nothing in this title prohibits construction or alteration of a single-family home on a legal lot of record if such use is permitted by the base district. [Ord. 12-4. DC 2012 § 122-249].