Millbrae City Zoning Code
ARTICLE XVI
Airport Land Use Compatibility Plan Consistency 1
§ 10.05.1600 Application.
This section establishes standards and requirements related to consistency with the comprehensive airport land use compatibility plan for the environs of San Francisco International Airport (ALUCP). The following requirements and criteria shall be incorporated into all applicable projects:
A.
Airport Real Estate Disclosure Notices. All new development is required to comply with the real estate disclosure requirements of state law (California Business and Professions Code Section 11010(b)(13)). The following statement must be included in the notice of intention to offer the property for sale or lease:
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. |
B.
Airport Noise Evaluation and Mitigation. All projects shall comply with the noise compatibility policies of the ALUCP. Uses shall be reviewed per the noise/land use compatibility criteria listed in Table IV-1 of the ALUCP. Uses listed as "conditionally compatible" shall be required to mitigate impacts to comply with the interior (CNEL 45 dB or lower, unless otherwise stated) and exterior noise standards established by the ALUCP or Millbrae general plan, whichever is more restrictive. Unless otherwise precluded by state law, all projects shall be consistent with ALUCP Policy NP-4, Residential Uses Within CNEL 70 dB Contour.
C.
Avigation Easement. Any action that would either permit or result in the development or construction of a land use considered to be conditionally compatible with aircraft noise of CNEL 65 dB or greater (as mapped in the ALUCP) shall include the grant of an avigation easement to the city and county of San Francisco prior to issuance of a building permit(s) for any proposed buildings or structures, consistent with ALUCP Policy NP-3, Grant of Avigation Easement.
D.
Safety Compatibility Evaluation. All uses must comply with safety compatibility policies of the ALUCP. Project applicants shall be required to evaluate potential safety issues if the property is located within any of the safety compatibility zones established in ALUCP Policy SP-1 and depicted in Exhibit IV-7 of the ALUCP.
All projects located within a safety compatibility zone shall be required to determine if the proposed land use is compatible with the safety compatibility land use criteria as noted in ALUCP Policy SP-2 and listed in Table IV-2 of the ALUCP.
E.
Airspace Protection Evaluation. All projects shall comply with airspace protection policies of the ALUCP.
1.
Notice of Proposed Construction or Alteration. Project applicants shall be required to file Form 7460-1, Notice of Proposed Construction or Alteration, with the Federal Aviation Administration (FAA) for any proposed new structure and/or alterations to existing structures (including ancillary antennas, mechanical equipment, and other appurtenances) that would exceed the FAA notification heights as depicted in ALUCP Exhibit IV-12. Any project that would exceed the FAA notification heights shall submit a copy of the findings of the FAA's aeronautical study, or evidence demonstrating exemption from having to file FAA Form 7460-1, as part of the development permit application. Temporary cranes or other equipment used to construct or modify a structure which are taller than the structure itself must be submitted as separate Form 7460-1 cases.
2.
Maximum Compatible Building Height. No structure may exceed the lower of either (a) the maximum height determined by the FAA to not be a hazard to air navigation, or (b) the height shown on the SFO ALUCP Critical Aeronautical Surfaces map. Building heights must receive a determination of no hazard from the FAA.
For avoidance of doubt, the lower of the two heights identified by the ALUCP and the FAA shall be the controlling maximum height.
The critical aeronautical surfaces and FAA analysis use elevations above the origin of the North American Vertical Datum of 1988 rather than height above ground level; and for purposes of airspace evaluation, the terms "above mean sea level (AMSL)" and "above the NAVD88 origin" should be considered synonymous. If a proposed project changes the ground elevation of the site, the maximum height of the building would change accordingly.
3.
Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics are recognized as hazards to air navigation and, per ALUCP Policy AP-4, need to be evaluated to ensure compatibility with FAA rules and regulations. These characteristics include the following:
a.
Sources of glare, such as highly reflective buildings, building features, or bright lights including search lights, or laser displays, which would interfere with the vision of pilots in command of an aircraft in flight.
b.
Distracting lights that could be mistaken for airport identification lightings, runway edge lighting, runway end identification lighting, or runway approach lighting.
c.
Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot in command of an aircraft in flight.
d.
Sources of electrical/electronic interference with aircraft communications/navigation equipment.
e.
Land uses that, as a regular byproduct of their operations, produce thermal plumes with the potential to rise high enough and at sufficient velocities to interfere with the control of aircraft in flight. Upward velocities of 4.3 meters (14.1 feet) per second at altitudes above two hundred feet above the ground shall be considered as potentially interfering with the control of aircraft in flight.
f.
Any use that creates an increased attraction for wildlife, particularly large flocks of birds, that is inconsistent with FAA rules and regulations, including but not limited to FAA rules and regulations, including but not limited to FAA Order 5200.5A, Waste Disposal Site on or Near Airports, and FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports, and any successor or replacement orders or advisory circulars.
(Ord. 800 § 14)