To better help residents and property owners understand the new Airport Land Use Compatibility Plan (ALUCP) in Shelter Cove and to provide an opportunity for individuals and business interests to ask questions directly to Humboldt County Planning & Building Department staff members there was an online community public meeting on Wednesday October 6th from 5PM to 7PM. RID staff and our 2nd District supervisor Michelle Bushnell also participated in the meeting. The following members of RID also attended; Justin, Michael, Susie, Jack. Although the meeting said it was recorded it is not available on zoom.
Planning and building department staff; John Ford,, Bob Bronkall, Cody Roggatz and Michael Richardson joined the meeting
The RID is planning to build ball courts in hazard zone 2 of the 2021 ALUCP which states group events for recreation are not compatible. Should RID relocate the ball courts on district land outside the AIA hazard zones?
RESPONSE:This questions was not addressed
The text on page 51 defines the local agencies and included in the local agencies is Resort Improvement District (RID) #1. GP-14 says the "local agency" by a 2/3 vote of their governing body may overrule the ALUC. Please confirm the RID board has the power to overrule land use restrictions in the 2021 ALUCP.
RESPONSE: John Ford confirmed that RID is a local agency as defined in the ordinance but RID does not have land use authority and therefore can't overrule the ALUCP for Shelter Cove
The noise compatibility map for Shelter Cove (figure 11-1) indicates flights only come and go from the south yet I believe Shelter Cove airport has always been bidirectional. Why is the runway shown as one direction for the Shelter Cove noise compatibility map?
RESPONSE:This questions was not addressed
Why was Hoopa airport excluded from the 2021 ordinance but not the 1993 ALUCP?
RESPONSE: When the county started the process of creating the new ALUCP ordinance, Hoopa was invited to participate as was Shelter Cove (in 2018). However, after reviewing the potential impact of a change from the 1993 land use around the Hoopa airport the tribe decided to opt out and is thus not affected by the additional restrictions in the 2021 ALUCP.
The State Aeronautics Act also cites three important limitations on an ALUC's authority: 1. ALUC's have no authority over existing land uses regardless of whether such uses are incompatible with airport activities, How can the ALUC unilaterally change the zoning on vacant lots within the AIA?
RESPONSE:This questions was not addressed
Why does the county charge a fee to meet with individuals who want to discuss development projects within the "safety zones"?
RESPONSE: Land owners can talk with counter staff about their project but if a variance may be needed, to get a determination from the planning staff an appointment will be needed and will be charged depending on the number of staff who need to participate.
Do the safety zone restrictions also apply to helicopter landing pads?
RESPONSE:This questions was not addressed
The handbook states "As discussed in Appendix E, recent accident data does not support changes to the safety zones". Appendix E indicates small planes that would use the Shelter Cove airport are most likely to crash near the center line of the airport not in the expanded safety zones in the 2021 ALUCP. Why were the "safety zones" expanded from the 1993 ALUCP?
RESPONSE:This questions was not addressed
Who at the local agency was consulted when creating the Airport Influence Area (AIA) for Shelter Cove?
RESPONSE:This questions was not addressed
Supervisor Michelle Bushnell will join the meeting
Why doesn’t the 2021 ALUCP guarantee if an existing home is lost due to disaster it can’t be rebuilt to the same footprint and height?
RESPONSE: John Ford said existing homes could be rebuilt on the existing footprint but would be subject to height limits determined by the FAA. He did not say where in the ordinance this rebuild provision is guaranteed.
If the safety zones are intended to protect people and property on the ground and people in planes landing at Shelter Cove, why doesn't the county cut down tall trees at each end of the Shelter Cove airport runway that are in hazard zone 1 where new building is not allowed?
RESPONSE:This questions was not addressed
If the county is concerned with local hazards to life and property, why are there so many lots in Shelter Cove overgrown with fuels for fire that are allowed to be neglected putting the residents at risk?
RESPONSE:This questions was not addressed
If the Resort Improvement District closes the Shelter Cove airport, will the land use requirements in force prior to the 2021 ALUCP passage be in force?
RESPONSE: RID has the power to close the Shelter Cove airport and if they do the land use restrictions in the Airport Influence Area (AIA) would not apply. (see more information below about considerations closing the airport)
The 2021 ALUCP only allows single family residents to be considered on lots that were zoned for multi-family and commercial. Doesn't this amount to ECONOMIC LOSS AND DIMINUTION OF VALUE?
RESPONSE:This questions was not addressed
The referenced section states: "Adopt processes for the notification of the general public, landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the airport land use compatibility plans."
Since the 2021 ALUCP has such a big impact on many private lots why wasn't a public hearing held in Shelter Cove prior to passage?
RESPONSE: The notices were done on websites and newspaper along with notices the county sends out.
Since you own property with a home in Shelter Cove which could benefit your view shed if more buildings are not built or rebuilt along Lower Pacific, shouldn't you have recused yourself from voting on the 2021 ALUCP?
RESPONSE:This questions was not addressed
The 2021 ALUCP effectively reduces the number of housing units that can be added to Shelter Cove by forbidding commercial or multi-family housing on dozens or lots in prime locations that are easy to build on. Doesn't the ALUCP conflict with the goals of California?
RESPONSE:This questions was not addressed
If the 2021 ALUCP effectively reduces the value of properties in the hazard zones, will the county compensate the land owners?
RESPONSE:This questions was not addressed
Is there a policy statement on this? Would the county like to see the Cove reverted to its natural state & turned into a park or go the other way & turn it into a resort like say Martha's Vineyard?
RESPONSE:This questions was not addressed
The affected properties are already in an earthquake, tsunami and wildfire zones so those residents already live with risks. Why do we need further restrictions for a planned subdivision?
RESPONSE:This questions was not addressed
Will you sponsor an amendment to the 2021 ALUCP to address the concerns of Shelter Cove? Can we revert to the 1993 ALUCP and if not why?
RESPONSE: Michelle is willing to consider proposing an amendment to the 2021 ALUCP for Shelter Cove and wants to work with RID on how to change the 2021 ALUCP for Shelter Cove.
This list of questions was sent to the county on October 3rd, 2021
Other questions came up in the meeting and the responses are below
The ALUCP covers land use and density restrictions but height restrictions are covered by county code 333-8 based on FAA FAR77 (7460) which limit building height depending on how far the structure is from the runway and the elevation of the private property compared to the airport runway elevation.
RID would need to talk with Caltrans and the FAA about this proposal. TheFAA and Caltrans may have the option to get money they have provided for the airport in the past under a grant assurances provision. RID would likely not be able to get any grants to improve the airport,
Infill only applies to development that is surrounded with other structures that were approved under the previous land use ordinances.
The link below will take you to the full text of the ordinance of the 2021 ALUCP. Some sections are referenced in the questions for the county
The link below will take you to the full text of the Caltrans handbook used for the 2021 ALUCP. Some sections are referenced in the questions for the county
The link below will take you to the full text of governments making land use changes. Some sections are referenced in the questions for the county
The link below will take you to the full text of land use ordinance in force before the 2021 version was passed on April 13, 2021. Some sections are referenced in the questions for the county
The material presented at the 9/28 community discussion Here is a link to a recording of the meeting.