Chapter 13.12 AIRPORT COMBINING ZONE DISTRICT

Chapter 13.12
AIRPORT COMBINING ZONE DISTRICT

Sections:

13.12.010 Purpose.

13.12.020 Scope.

13.12.030 Definitions.

13.12.040 Airport Safety Compatibility Zones.

13.12.050 Airspace protection.

13.12.060 Overflight.

13.12.070 Review by airport owner and operator.

13.12.080 Nonconforming uses, structures and trees.

13.12.090 Permits.

13.12.100 Exceptions.

13.12.110 Appeals.

13.12.120 Violations.

13.12.130 Conflicting regulations.

Prior legislation: Ords. 938, 3433 and 4496-C.

13.12.010 Purpose.

The purposes of this chapter are to protect public health, safety, and welfare by ensuring the orderly expansion of airports, and to implement land use measures that protect the public from exposure to excessive noise and safety hazards within specified areas around the Watsonville Municipal Airport. [Ord. 5307 § 4, 2019].

13.12.020 Scope.

These regulations incorporate the requirements of the California Airport Land Use Planning Handbook (October 2011), published by the California Department of Transportation, Division of Aeronautics (Handbook), and applicable Federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, all as may be amended from time to time, and address the height, use, noise, safety, and density criteria that are compatible with airport operations. [Ord. 5307 § 4, 2019].

13.12.030 Definitions.

For the purposes of this chapter, the following terms shall have the stated meanings.

(A) “Airport” means the Watsonville Municipal Airport.

(B) “Airport hazard” means any structure or tree or use of land which obstructs the airspace required for the flight of aircraft in landing or taking off at the airport or is otherwise hazardous to such landing or taking off of aircraft.

(D) “Infill,” as defined by the Handbook and for the purpose of this chapter, is defined as development that takes place on vacant property largely surrounded by existing development in urbanized and dense areas, especially development which is similar in character.

(E) “Handbook” (or “CDOA Handbook”) shall mean the Airport Land Use Planning Handbook published by the California Department of Transportation, Division of Aeronautics, which establish the height, use, noise, safety, and density criteria that are compatible with airport operations.

(F) “Landing area” means the area of the airport used for the landing, take-off or taxiing of aircraft.

(G) “Level of development” means density or intensity of development. For the purposes of this chapter, the following terms are defined as stated:

Rural—Areas where the predominant land uses are natural or agricultural; buildings are widely scattered. Areas with a General Plan designation of Agriculture are rural.

Suburban—Areas characterized by low-rise (one to two stories) development and surface parking lots. Areas with General Plan designations of Residential, Commercial, and Public Facilities are suburban.

(H) “Person” means any individual, firm, co-partnership, corporation, company, association, joint stock association, city, county, or district, and includes any trustee, receiver, or assignee thereof.

(I) “Structure” means any object constructed or installed by a person, including, but without limitation, buildings, towers, smokestacks and overhead lines.

(J) “Tree” means any object of natural growth, including that introduced or planted by people. [Ord. 5307 § 4, 2019].

13.12.040 Airport Safety Compatibility Zones.

In order to carry out the purposes of this chapter, all of the lands within the Airport Influence Area (AIA) of the Watsonville Municipal Airport and within the following six safety zones, as delineated on Figures 2-21 (AIA) and 2-22 (Safety Zones) of the Santa Cruz County General Plan and on the County’s Geographic Information System (GIS) land use maps are incorporated into the Airport Combining Zone District. Within each safety zone density standards for residential uses and intensity standards for nonresidential uses are established. The CDOA Handbook provides the method for calculating population density for an individual residential project and intensity for an individual nonresidential project. Usage intensities and densities shall be based upon the most stringent density or intensity limitation of a site or building as described in the Handbook and shall not exceed the most stringent density or intensity limitation for the safety zones. Nonresidential intensity criteria include averages over an entire site and for any single acre. The acceptable number of people in a given area shall be equal for outdoor and indoor uses. Terms used in the following charts shall be as defined in the CDOA Handbook and this chapter.

(A) Safety Zone 1—Runway Protection Zone. The Runway Protection Zone (RPZ) is the area at the end of a runway used to enhance the protection of people and property on the ground.

Safety Zone 1—Runway Protection Zone
Nature of Risk
Normal Maneuvers	Aircraft on very close final approach or departure—very high risk
Altitude	Less than 200 feet above runway
Common Accident Types	Arrival: Downdrafts and wind gusts. Low glide paths Departure: Runway overruns, aborted takeoffs and engine failures
Risk Level	Very high Percentage of near-runway accidents in this zone: 20%—21%
Basic Compatibility Policies
Allowed Uses	None—See Notes A and B
Prohibit	All new structures and residential or nonresidential land uses See Note B
Densities and Intensities of Development
Level of Development	Maximum Residential Densities	Maximum Nonresidential Intensities	Maximum Single Acre
	Average number of dwelling units per gross acre	Average number of people per gross acre	2x the average number of people per gross acre
Rural	0	0—See Note A	0
Suburban	0	0—See Note A	0
Note A: Exceptions can be permitted for agricultural activities and roads provided that FAA criteria are satisfied. Note B: Allow construction of a main dwelling, or an accessory dwelling unit, on an existing parcel on the least impacted portion of the property.

(B) Safety Zone 2—Inner Approach/Departure Zone. A rectangular area extending beyond the RPZ. If the RPZ width is approximately equal the runway widths, the Inner Approach/Departure Zone extends along the sides of the RPZ from the end of the runway.

Safety Zone 2—Inner Approach/Departure Zone
Nature of Risk
Normal Maneuvers	Aircraft overflying at low altitudes on final approach and straight-out departures
Altitude	Between 200 and 400 feet above runway
Common Accident Types	Arrival: Similar to Zone 1, aircraft under-shooting approaches, forced short landings Departure: Similar to Zone 1, emergency landing on straight-out departure
Risk Level	High Percentage of near-runway accidents in this zone: 8%—22%
Basic Compatibility Policies
Allow	Residential uses limited to the densities specified below Agriculture, non-group recreational uses Low-hazard materials storage, warehouses Low-intensity light industrial uses; auto, aircraft, marine repair services Single story office buildings and nonresidential uses limited to the intensities specified below
Prohibit	Multi-story uses; uses with high density or intensity Shopping centers, eating establishments Theaters, meeting halls and other assembly uses Office buildings greater than 1 story Labor-intensive industrial uses Children’s schools, large daycare centers, hospitals, nursing homes Stadiums, group recreational uses Hazardous uses (e.g., aboveground bulk fuel storage)
Densities and Intensities of Development
Level of Development	Maximum Residential Densities	Maximum Nonresidential Intensities	Maximum Single Acre
	Average number of dwelling units per gross acre	Average number of people per gross acre	2x the average number of people per gross acre
Rural	See Note A	10	20
Suburban	1 per 20 acres	40	80
Note A: Maintain current General Plan and zoning density if less than density criteria for suburban setting. (i.e., if the underlying adopted zoning density is more restrictive than density criteria for suburban setting, underlying adopted zoning density shall apply.)

(C) Safety Zone 3—Inner Turning Zone. A triangular area over which aircraft are turning from the base to final approach legs of the standard traffic pattern. It also includes the area where departing aircraft normally complete the transition from takeoff to climb mode and begin to turn on their en route headings.

Safety Zone 3—Inner Turning Zone
Nature of Risk
Normal Maneuvers	Aircraft—especially smaller, piston-powered aircraft—turning base to final on landing approach or initiating turn to en route direction on departure
Altitude	Less than 500 feet above runway, particularly on landing
Common Accident Types	Arrival: Pilot overshoots turn to final and inappropriately cross controls the airplane rudder and ailerons while attempting to return to the runway alignment causing stall, spin, and uncontrolled crash Departure: Mechanical failure on takeoff; low altitude gives pilot few options on emergency landing site; or, pilot attempts to return to airport and loses control during tight turn
Risk Level	Moderate to high Percentage of near-runway accidents in this zone: 4%—8%
Basic Compatibility Policies
Allow	Uses allowed in Zone 2 Greenhouses, low-hazard materials storage, mini-storage, warehouses Light industrial, vehicle repair services Very low density residential uses Low intensity office and other commercial uses
Prohibit	Commercial and other nonresidential uses having higher usage intensities Building with more than 3 aboveground habitable floors Hazardous uses (e.g., aboveground bulk fuel storage) Major shopping centers, theaters, meeting halls and other assembly facilities Children’s schools, large daycare centers, hospitals, nursing homes Stadiums, group recreational uses
Densities and Intensities of Development
Level of Development	Maximum Residential Densities	Maximum Nonresidential Intensities	Maximum Single Acre
	Average number of dwelling units per gross acre	Average number of people per gross acre	3x the average number of people per gross acre
Rural	See Note A	50	150
Suburban	1 per 5 acres	70	210
Note A: Maintain current General Plan and zoning density if less than density criteria for suburban setting (i.e., if the underlying adopted zoning density is more restrictive than density criteria for suburban setting, underlying adopted zoning density shall apply).

(D) Safety Zone 4—Outer Approach/Departure Zone. A rectangular area located along the extended centerline beyond the Inner Approach/Departure Zone.

Safety Zone 4—Outer Approach/Departure Zone
Nature of Risk
Normal Maneuvers	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
Altitude	Less than 1,000 feet above runway
Common Accident Types	Arrival: Pilot undershoots runway during an instrument approach, aircraft loses engine on approach, forced landing Departure: Mechanical failure on takeoff
Risk Level	Moderate Percentage of near-runway accidents in this zone: 2%—6%
Basic Compatibility Policies
Allow	Uses allowed in Zone 3 Restaurants, retail, industrial Low density residential use
Prohibit	High-intensity retail or office buildings Children’s schools, large daycare centers, hospitals, nursing homes Stadiums, group recreational uses Assemblages of people
Densities and Intensities of Development
Level of Development	Maximum Residential Densities	Maximum Nonresidential Intensities	Maximum Single Acre
	Average number of dwelling units per gross acre	Average number of people per gross acre	3x the Average number of people per gross acre
Rural	See Note A	70	210
Suburban	1 per 2 acres	100	300
Note A: Maintain current General Plan and zoning density if less than density criteria for suburban setting (i.e., if the underlying adopted zoning density is more restrictive than density criteria for suburban setting, underlying adopted zoning density shall apply).

(E) Safety Zone 5—Sideline Zone. A rectangular area in close proximity and parallel to the runway.

Safety Zone 5—Sideline Zone
Nature of Risk
Normal Maneuvers	Area often overflown; primary risk is with aircraft (especially twins) losing directional control on takeoff, excessive crosswind gusts or engine torque
Altitude	Runway elevation
Common Accident Types	Arrival and Departure: Aircraft losing directional control and veering off the side of the runway
Risk Level	Moderate Percentage of near-runway accidents in this zone: 3%—5%
Basic Compatibility Policies
Allow	Uses allowed in Zone 4 (subject to height limitations for airspace protection) All common aviation-related activities provided that FAA height-limit criteria are met Low intensity office and other commercial uses
Prohibit	Residential uses not airport related (noise usually also a factor) High-intensity nonresidential uses Children’s schools, large daycare centers, hospitals, nursing homes Stadiums, group recreational uses
Densities and Intensities of Development
Level of Development	Maximum Residential Densities	Maximum Nonresidential Intensities	Maximum Single Acre
	Average number of dwelling units per gross acre	Average number of people per gross acre	3x the Average number of people per gross acre
Rural	See Note A	50	150
Suburban	1 per 2 acres	70	210
Note A: Maintain current General Plan and zoning density if less than density criteria for suburban setting (i.e., if the underlying adopted zoning density is more restrictive than density criteria for suburban setting, underlying adopted zoning density shall apply).

(F) Safety Zone 6—Traffic Pattern Zone. An elliptical area that includes the majority of other portions of regular air traffic patterns and pattern entry routes, and generally extends to the farthest point of 6,000-foot radius arcs from the centers of each of the primary surfaces and connecting lines tangent to those arcs.

Safety Zone 6—Traffic Pattern Zone
Nature of Risk
Normal Maneuvers	Aircraft within a regular traffic pattern and pattern entry routes
Altitude	Ranging from 1,000 to 1,500 feet above runway
Common Accident Types	Arrival: Pattern accidents in proximity of airport Departure: Emergency landings
Risk Level	Low Percentage of near-runway accidents in this zone: 18%—29% (percentage is high because of large area encompassed)
Basic Compatibility Policies
Allow	Uses allowed in Zone 5 Residential uses
Prohibit	Outdoor stadiums and similar uses with very high intensities Children’s schools, large day care centers, hospitals, and nursing homes limited by intensity Processing and storage of bulk quantities of highly hazardous materials
Densities and Intensities of Development
Level of Development	Maximum Residential Densities	Maximum Nonresidential Intensities	Maximum Single Acre
	Average number of dwelling units per gross acre	Average number of people per gross acre	4x the Average number of people per gross acre
Rural	No Limit—See Note A	150	600
Suburban	No Limit—See Note A	200	800
Note A: Use density criteria of current zoning and General Plan designation and consider noise and overflight conditions.

(G) Intensities for Nonresidential Uses. For compatibility planning purposes, intensity is the number of occupants calculated based on the number of parking spaces required for the particular use, multiplied by average vehicle occupancy to obtain number of people. The resulting numbers are generally lower than are produced by using the occupancy level standards found in building and fire codes, which are based upon the absolute peak usage.

Type of Use	Intensity (people/acre)
Small retail shops (not shopping center)	20
Local retail centers (grocery/drug store anchor)	65
“Big box” centers (single story, surface parking)	90
Major retail centers/malls (1—2 stories)	150
Fast food dining	120
Restaurants	90
Offices/banks (1—2 stories)	60
Motels	40
Light Industrial	20
Warehouses	10
Note: Numbers here assume surface parking

[Ord. 5307 § 4, 2019].

13.12.050 Airspace protection.

(A) Airspace Obstruction Compatibility Criteria. The criteria for determining the acceptability of a project with respect to height shall be based upon the standards set forth in Federal Aviation Regulations (FAR) Part 77, Subpart C, Objects Affecting Navigable Airspace; the United States Standard for Terminal Instrument Procedures (TERPS); and applicable airport design standards published by the FAA. These standards apply to the following to the extent they require a discretionary permit:

(1) Any object of natural growth, terrain, or permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus.

(2) The alteration of any permanent or temporary existing structure by a change in its height, including appurtenances, or lateral dimensions, including equipment or material used therein.

No object shall be limited to a height of less than the basic height limit applicable to the underlying zone districts even if the object would constitute an obstruction. Antenna structures shall not exceed 20 feet in height.

Except as provided in other sections of this chapter, no object, including mobile objects such as a vehicle, or temporary objects, such as a construction crane, shall have a height that would result in penetration of the airspace protection surface depicted for the Airport in Figure 2-23. Any object that penetrates one of these surfaces is, by FAA definition, deemed an obstruction.

(B) Requirements for FAA Notification of Proposed Construction. Proponents of a project containing structures or other objects that exceed the basic height standards applicable to the underlying zone districts must submit notification of the proposal to the FAA where required by the provisions of FAR Part 77, Subpart B. The FAA notification requirements apply to all objects including structures, antennas, trees, mobile objects, and temporary objects such as construction cranes. Notification is required if the proposed structure or other object is within 20,000 feet of any runway and would exceed a slope of 100:1 from the nearest point of the nearest runway. The notification requirement can be determined using the following equation:

(D/100 – H) + 160 < E

where D equals the distance from the runway, the established elevation of the airport is 160 feet above mean sea level, H equals the height of the building or object above highest existing grade adjacent the building or object, and E equals the highest existing grade adjacent the building or object based on the North American Vertical Datum of 1988 (NAVD 88). If the result is less than E then notification is required. Notification shall be made on FAA Form 7460-1. If the structure or object would be an obstruction and the FAA determines it would be a hazard to air navigation, the structure shall be lowered or include markings or lighting as directed by the FAA.

(C) No permit shall be granted that would allow the establishment or creation of a hazard to air navigation or permit a nonconforming use, structure, or tree to become a greater hazard to air navigation.

(D) Other Flight Hazards. Land uses that may cause visual, electronic, or wildlife hazards, particularly bird strike hazards, to aircraft in flight or taking off or landing at the airport shall be allowed within the airport influence area only if the uses are consistent with FAA rules and regulations.

Specific characteristics to be prohibited include:

(1) Sources of glare (such as from mirrored or other highly reflective buildings or building features) or bright lights (including search lights and laser light displays).

(2) Distracting lights that could be mistaken for airport lights.

(3) Sources of dust, steam, or smoke that may impair pilots’ vision.

(4) Sources of steam or other emissions that cause thermal plumes or other forms of unstable air.

(5) Sources of electrical interference with aircraft communications or navigation.

(6) Any proposed use that creates an increased attraction for wildlife and that is inconsistent with FAA rules and regulations including, but not limited to, FAA Order 5200.5A, Waste Disposal Sites on or Near Airports, and Advisory Circular 150/5200-33, Hazardous Wildlife Attractants On or Near Airports. Of particular concern are landfills and certain recreational or agricultural uses that attract large flocks of birds that pose bird strike hazards to aircraft in flight. [Ord. 5307 § 4, 2019].

13.12.060 Overflight.

Prior to the issuance of any building permit for the construction of a new structure or the expansion of any existing structure in the Airport Combining Zone District, the owner shall record a statement on the deed for the parcel acknowledging the property is located within the Watsonville Municipal Airport Influence Area (AIA) and acknowledging that the properties in the AIA are routinely subject to overflights by aircraft using this public-use airport and, as a result, residents may experience inconvenience, annoyance, or discomfort arising from the noise of such operations. The acknowledgment shall include the following statement:

NOTICE OF AIRPORT IN VICINITY: This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

[Ord. 5307 § 4, 2019].

13.12.070 Review by airport owner and operator.

The City of Watsonville and the airport manager shall be notified of all discretionary applications for projects located within the AIA and be provided an opportunity to review and comment on the application pursuant to the timelines and procedures in Chapter 18.10 SCCC, consistent with the Permit Streamlining Act as well as any public comment periods associated with environmental review of a proposed project. [Ord. 5307 § 4, 2019].

13.12.080 Nonconforming uses, structures and trees.

Before any nonconforming use, structure or tree may be replaced or reconstructed, or allowed to grow higher or replanted, a permit must be secured from the County authorizing such replacement, reconstruction or growth. No permit shall be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming structure or nonconforming use or tree to become higher or become a greater hazard to air navigation. Except as provided herein, all applications for permits shall be processed in accordance with standard county procedures for consideration of building or development applications. No such permit shall be required to undertake maintenance and repairs, or to replace parts of existing structures, which do not enlarge or increase the height of the existing structure.

The regulations prescribed in SCCC 13.12.040 and 13.12.050 shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the year 1964, or otherwise interfere with the continuance of any legal, nonconforming use except as herein provided. [Ord. 5307 § 4, 2019].

13.12.090 Permits.

Applications for permits granted pursuant to this chapter shall be made in accordance with the requirements of Chapter 18.10 SCCC. [Ord. 5307 § 4, 2019].

13.12.100 Exceptions.

Any person desiring to erect any structure not in strict compliance with the standards of this chapter, or to increase the height of any structure, or permit the growth of any tree, may apply to the County for an exception from the zoning regulations in question, consistent with an administrative discretionary Level III process, with public notice but no public hearing required. Such exceptions shall be allowed, consistent with the strictest requirements of the Handbook, where a literal application or enforcement of the regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest but do substantial justice and be in accordance with the spirit of the regulations and this article; provided, that any exception may be approved subject to any reasonable conditions that the County may deem necessary to effectuate the purpose of this chapter and consistency with the strictest requirements of the Handbook.

In granting any permit or exceptions under this section, the County may, if it deems such action advisable to effectuate the purposes of this chapter and reasonable in the circumstances, so condition such permit or exception as to require the owner of the structure or tree in question to permit the city or county, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to pilots and flyers the presence of an airport hazard. [Ord. 5307 § 4, 2019].

13.12.110 Appeals.

All appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance with the procedures of Chapter 18.10 SCCC. [Ord. 5307 § 4, 2019].

13.12.120 Violations.

It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the Airport Combining Zone District unless that use is allowed in the Airport Combining Zone District in which the land is located, or is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

Violations of permit conditions, height limitations, density standards, and other procedures related to violations of this chapter shall be administered and enforced in accordance with SCCC 13.10.275, 13.10.276, 13.10.277, 13.10.278, 13.10.279 and 13.10.280. [Ord. 5307 § 4, 2019].

13.12.130 Conflicting regulations.

Where this chapter imposes a greater or more stringent restriction upon the use of land than is imposed or required by any other chapter or regulation, the provisions of this chapter shall govern. [Ord. 5307 § 4, 2019].