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Compliance Complexities Land Uses Christine di Iorio Community Development Director

Compliance Complexities Land Uses Christine di Iorio Community Development Director. MARINA MUNICIPAL AIRPORT. Fort Ord was closed in 1994 Pursuant to the Memorandum of Agreement the City was conveyed the Surplus Airport Property in 2001 General Aviation Airport

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Compliance Complexities Land Uses Christine di Iorio Community Development Director

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  1. Compliance ComplexitiesLand UsesChristine di IorioCommunity Development Director

  2. MARINA MUNICIPAL AIRPORT • Fort Ord was closed in 1994 • Pursuant to the Memorandum of Agreement the City was conveyed the Surplus Airport Property in 2001 • General Aviation Airport • The Marina Public Benefit Conveyance parcel consists of 823 acres, 12 acre Economic Conveyance parcel and 130 acres reserved for Habitat Area.

  3. The City received FAA approval of the updated Airport Layout Plan in 2007. Since 2008, the airport has received approximately $4,000,000 in grants. In 2011, the National Asphalt Pavement Association granted Graniterock Co. its annual award for the rehabilitation of Runway 11-29 and associated taxiways. Thank you FAA for the funding.

  4. Blanco Road Property

  5. Development in a Hazard Zone • Property is located within the Runway Protection Zone (RPZ) • Identified in the Airport Master Plan for potential land acquisition • General Plan Designation- Visitor Serving and Zoning-Unclassified • In 2006, City Council adopted Draft Marina Municipal Airport Comprehensive Land Use Plan update • Found consistent by the Airport Land Use Commission (ALUC) to reflect new Caltrans 2002 standards (Handbook) • PRC Section 21096 requires Handbook be used as a technical resource for CEQA review, noise and safety standards • In 2008, General Plan policy was amended requiring consistency with the ALUC adopted plans and policies and FAA regulations.

  6. Developer and his attorney claimed if not allowed to develop parcel with a two story office it would be deemed a “taking.” Consistency with the Caltrans guidelines update now “prohibits new structures” in the RPZ. • The City Attorney opined that he can apply to develop his property, and should process an application. This project requires CEQA review including consistency with Handbook safety hazard zone guidelines. • ALUC would not be able to find consistency with the CLUP, thereby triggering the preparation of an EIR. The City Council certification would require a Statement of Overriding Consideration to allow the office building within the RPZ. • This approach, afforded him the opportunity to submit an application with full disclosure of the potential outcome and eliminated his pursuit of a “taking” • The developer is now offering to sale the property to the City

  7. Non Aviation Use of Airport Property • Building with eighteen T-hangers within the secured fenced area having direct access to the taxiway • Inspection found majority of the hangar spaces being used for vehicles (not aircraft) and storage • Zoning Designation A-, Aviation-Related Zone • Lease Amendment, Use Permit (for temporary storage of non aviation uses) and a Letter of Agreement establishing deadlines for compliance.

  8. Chief Building Official, Fire Chief and Code Enforcement found the following violations: No plans, permits, and disabled access, combustible construction in a rated building, change in use, light, ventilation and improper exiting.

  9. Commander Non-Compliant’s Statements: “…bringing aviation to both disadvantaged youth and disabled people.” “In short, our only intention here is to bring a wonderful aviation community service to the Marina Airport, and if we have made any mistakes in the process we would be more than happy to rectify them at this time”

  10. Easier to ask for forgiveness than ask for permission • Politicization of land use decisions • Jeopardizes the ability to operate and develop a viable aviation facility. • Threatens life safety and welfare of the airport users.

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