Bryant Field and Lee Vining Airport Compatibility Policies & Criteria

OVERALL GOAL. Provide for the orderly growth of the Bryant Field and Lee Vining airports and the area surrounding the airport in a manner that safeguards the general welfare of inhabitants within the vicinity of the airport and the public in general.

NOISE GOAL. Protect future development within the Bryant Field/Lee Vining Airport planning boundaries from objectionable airport-related noise by minimizing the number of people exposed to frequent and/or high levels of airport noise.

Policy 1. The maximum normally acceptable exterior noise levels for new residential and other noise-sensitive land uses within the Bryant Field/Lee Vining Airport land use planning boundaries shall be 55 dBA CNEL.[10] New residential land uses within the airport noise contours shall include soundproofing to limit interior noise levels to 45 dBA in any habitable room.

If a noise analysis, including noise monitoring, is conducted for a particular location and the results indicate that the maximum CNEL will be less than shown on the Bryant Field and Lee Vining Noise Contours Compatibility Maps (see Figures 5 and 6), then the lower exposure level may be used for the land use evaluation at the discretion of the Airport Land Use Commission (ALUC).

Policy 2. The maximum noise exposure acceptable for non-residential land uses without special sound reduction construction within the Bryant Field and Lee Vining Airport noise contours is 60/70 dBA CNEL.

Policy 3. Prohibit noise-sensitive land uses (e.g., residential uses, schools, and hospitals) within the 55 dBA CNEL noise contours for Bryant Field and Lee Vining Airport.

Policy 4. Require noise and avigation easements[11], as necessary, before approving any land trade or major development project within the Bryant Field or Lee Vining Airport land use planning boundaries (for more on avigation easements, see Policy 6 in the Safety policies below).

OVERFLIGHT PROTECTION GOAL: Protect future development within the Bryant Field and Lee Vining Airport planning boundaries from the noise impacts of routine aircraft flights over the community by minimizing the number of people exposed to frequent and/or high levels of airport noise.

Policy 1. Prohibit noise-sensitive land uses within the Bryant Field and Lee Vining Airport primary traffic pattern (see Figures 5 and 6).

SAFETY GOAL: Regulate new development in the Bryant Field and Lee Vining Airport planning boundaries in a manner that minimizes the risks associated with potential aircraft accidents by 1) providing for the safety of people and property on the ground in the case of an aircraft accident near the airport, and 2) enhancing the chances of survival of the occupants of an aircraft involved in an accident beyond the immediate runway environment.

Policy 1. Allowable land use densities and intensities within the Bryant Field and Lee Vining Airport planning boundaries shall be those shown on the Mono County Land Use Maps for the area (see https://monomammoth.maps.arcgis.com) and described in the applicable land use designation descriptions.

Policy 2. New development and land uses on private land within the Bryant Field and Lee Vining Airport planning boundaries shall be restricted to those that are compatible with the airport operations and facilities described in the Bryant Field and Lee Vining Airport Master Plan/2020.

Policy 3. New development and land uses within the Bryant Field and Lee Vining Airport planning boundaries shall be consistent with the policies in this plan. Applications for uses that are determined by planning staff not to be consistent with these policies shall not be processed unless they are accompanied by an appropriate proposed amendment to this plan and, if necessary, an appropriate amendment to the Mono County General Plan.

Policy 4. Actions adopting or amending the Mono County General Plan, Specific Plans, the Mono County Land Use Regulations, or building regulations that are applicable to the Bryant Field and Lee Vining Airport planning boundaries shall be consistent with the policies in this plan and shall be reviewed by the ALUC.

Policy 5. Undeveloped areas within the Bryant Field and Lee Vining Airport Safety Zone shall remain as open space and shall be designated as Resource Management, Open Space or Agriculture in this plan and in the Mono County General Plan.

Policy 6. Restrict new residential subdivisions within the Bryant Field and Lee Vining Airport Safety Zone to a minimum lot size of one acre. The development of a single-family unit on an existing residential lot less than an acre in size shall not be subject to these restrictions.

Policy 7. Prohibit highly risk-sensitive projects, particularly schools, hospitals and other uses in which the mobility of occupants is effectively limited, within the Bryant Field and Lee Vining Airport Safety Zone . New uses that would result in a concentration of more than 25 people per acre on a regular basis are also prohibited; e.g., shopping centers, restaurants, multifamily residential units, stadiums/arenas, office complexes, and heavy industrial uses.

Policy 8. Above-ground storage of highly flammable or hazardous materials (e.g., oil, gas or chemicals) shall be prohibited within the Safety Zone, except for noncommercial, private domestic, or private agricultural facilities.

Policy 9. Inform applicants of development projects within the Bryant Field and Lee Vining Airport Safety Zone of potential land use conflicts and applicable restrictions, and ensure that such development does not reasonably restrict airport operations.

Policy 10. As a condition of approval for any development project or land exchange within the Bryant Field and Lee Vining Airport Safety Zone, applicable avigation easements should be dedicated to the airport. Avigation easements should address the following:

Right-of-flight at any altitude above acquired easement surfaces;
Right to cause noise, vibrations, fumes, dust, and fuel particle emissions;
Right of entry to remove, mark or light any structures or growth above easement surfaces;
Right to prohibit creation of electrical interference, unusual light sources, and other hazards to aircraft flight; and
Right to prevent erection or growth of all objects above acquired easement surfaces.

Avigation easements should extend from the ground elevation of the runways and the defined approach surfaces to 150 feet above that elevation throughout the primary traffic pattern area.

Policy 11. Applicants shall acknowledge, in an enforceable legal document, such as an avigation easement:

That it is understood by the owner(s) and the owners' successors in interest that the real property in question lies close to an operating airport and that the operation of the airport and the landing and takeoff of aircraft may generate high noise levels, which can affect the quiet enjoyment of the property;
That the owner(s) shall not initiate or support any action in any court or before any governmental agency if the purpose of the action is to interfere with, restrict, or reduce the operation of the airport, or the use of the airport by any aircraft;
That the owner(s) shall not protest or object to the operation of the airport or the landing or takeoff of aircraft before any court or agency of government; and
That such easement(s) and/or agreement(s) shall run with the land and shall be binding upon the owners and subsequent owners of the property.

Policy 12. Prohibit incompatible land uses within the Runway Protection Zone.

The Runway Protection Zone shall be kept as free as possible of all unrelated airport land uses and no new permanent structures or other objects shall project above the level of the primary surface of any runway, unless the structure/object is directly related to a necessary airport operation;
Except for minor alterations to existing structures, no new or additional residential, commercial or industrial land uses shall be permitted within the Runway Protection Zone; and
No use that would result in a large concentration of people, either on a short-term or long-term basis, shall be permitted within the Runway Protection Zone.

AIRSPACE PROTECTION GOAL: Avoid the development of land use conditions that, by posing hazards to flight, may increase the risk of an accident occurring. The particular hazards of concern are: 1) airspace obstructions; 2) wildlife hazards, particularly bird strikes; and 3) land use characteristics that pose other potential hazards to flight by creating visual or electronic interference with air navigation.

Policy 1. Within the designated primary runway surface, approach surfaces or runway protection zones, no structure, tree, or other object shall be permitted to exceed the height limits set forth in Part 77 of the Federal Aviation Regulations (FAR 77).

Policy 2. Structures over 35 feet in height are permitted within the Bryant Field and Lee Vining Airport influence area only when in conformance to requirements of the Mono County Land Use Regulations, and when not in conflict with any runway surface, approach surface, or runway protection zone.

Policy 3. The height of new development or land uses shall be restricted to that which will not result in a loss of airport utility; e.g., the height of new development shall not cause the usable length of the runway to be reduced.

Policy 4. The height of new development or land uses shall be restricted to that which will not conflict with the VFR airspace used for the airport traffic pattern for aircraft approaching and departing Bryant Field and Lee Vining Airport.

Policy 5. No object shall be erected to a height that would result in an increase in the minimum ceiling or visibility criteria for an existing or proposed instrument approach procedure.

Policy 6. Prohibit land uses that would attract wildlife hazards, particularly birds. Land uses that may become artificial attractors for birds and wildlife include:

Sanitary landfills;
Golf courses with water hazards;
Drainage detention and retention basins;
Wetlands created as mitigation measures;
Landscaping, particularly water features;
Wildlife refuges; and
Agriculture, particularly cereal grains.

The FAA recommends that such land uses be kept at least 10,000 feet from any runway used by turbine-powered aircraft.

Policy 7. Review development proposals to ensure that the proposed development does not create visual or electronic hazards to flight. Visual hazards include distracting lights (particularly lights that may be confused with runway lights), glare, and sources of smoke. Electronic hazards include any uses that may interfere with aircraft instruments or radio communication.

The following restrictions regarding potential visual and electronic hazards apply within the Bryant Field and Lee Vining Airport influence areas:

Beacons, spotlights, or similar aircraft navigation markers that are not part of airport operations shall be prohibited. Uses that direct a steady light, including reflected sunlight, or a flashing light of red, white, green, or amber colors toward an aircraft engaged in an initial climb following takeoff, or toward an aircraft engaged in a final approach toward a landing shall be prohibited, unless the use is an FAA-approved navigational signal light or visual approach slope indicator (VASI).
Outdoor lights shall be shielded so they are not aimed above the horizon. For projects near the airport, outdoor lighting shall be flight checked at night to ensure it does not blind pilots during landings and takeoffs.
Uses that generate large amounts of smoke or steam that could be detrimental to the operation of an aircraft shall be prohibited.
Uses that generate electrical interference that could be detrimental to the operation of aircraft and/or instrumentation shall be prohibited.

ALUC Procedural Policies

These policies delineate the process the Mono County Airport Land Use Commission (ALUC) will use in reviewing local planning actions for compliance with the policies and criteria in the Bryant Field and Lee Vining Airport Land Use Compatibility Plans.

Actions Requiring Review

Policy 1. The Mono County Airport Land Use Commission shall review the following planning actions (i.e., the State Aeronautics Act requires mandatory review of these actions):

Mono County General Plan adoptions or amendments;
Specific Plan adoptions or amendments if the boundaries of the specific plan encompass the planning boundaries of the airport;
Proposals to adopt or amend Mono County Land Development Regulations, building regulations, and other land use ordinances and regulations when those ordinances and regulations have implications for airport land use noise or safety compatibility;
Airport Master Plans;
Construction proposals (i.e., layout plans) for new airports; and
Airport expansion plans, including construction of a new runway, the extension or realignment of an existing runway, the acquisition of runway protection zones or any interest in land for the purpose of the above, or any airport expansion project that entails amendment of the Airport Permit issued by the California Department of Transportation. Agricultural airports are exempt from this requirement; heliports are subject to this requirement.

Policy 2. Once the Airport Land Use Compatibility Plan is adopted and the Mono County General Plan is consistent with the Compatibility Plan, Mono County shall review individual land use development plans for consistency with the Airport Land Use Compatibility Plan during the County's overall development review process.

The County's review process must utilize the policies and standards in the applicable Airport Land Use Compatibility Plan to ensure that the project is consistent with the Compatibility Plan.

Policy 3. In Bridgeport, the ALUC shall coordinate with the Humboldt-Toiyabe National Forest and the Bureau of Land Management to ensure that development on public lands within the Bryant Field Airport influence area is compatible with the policies in this plan.

In Lee Vining, the ALUC shall coordinate with the Inyo National Forest and the Mono Basin National Forest Scenic Area to ensure that development on public lands within the Lee Vining Airport planning boundaries is compatible with the policies in this plan.

Policy 4. The ALUC shall request the Humboldt-Toiyabe National Forest and the Bureau of Land Management (for Bryant Field), and the Inyo National Forest and Mono Basin National Scenic Area (for Lee Vining), to refer proposed projects that may conflict with airport operations, such as those that may create dust, smoke, steam or glare, or attract birds, involve structures of excessive height, or attract concentrations of people, to the ALUC for review and comment.

Policy 5. Airport-related operations shall be reviewed by the ALUC for consistency.

Policy 6. The ALUC shall review CEQA documents on projects in the vicinity of airports. The ALUC's role in reviewing CEQA documents is not to provide a formal compatibility determination but to comment on the project to ensure that the highest level of compatibility is achieved. The ALUC has no authority to disapprove such projects but may offer comments only on the CEQA document.

The ALUC may also comment on CEQA documents prepared in conjunction with a project submitted for ALUC review. Again, the ALUC has the authority to make a compatibility determination for the project itself but may only comment on the CEQA document.

Project Information

Policy 1. The following information shall be included when a project or action is submitted to the ALUC for review:

A complete copy of the General Plan element, Specific Plan, land use ordinance or regulation, building regulation, Airport Master Plan, airport layout plan, or airport expansion plan to be reviewed, including any figures, maps, attachments or appendices.; and
A copy of any applicable environmental documentation for the project.

Policy 2. Project submittals shall be accompanied by a processing fee. The fee shall not exceed the reasonable cost of providing the review. The ALUC shall establish a fee schedule for compatibility reviews and shall review the fee schedule annually to ensure it remains up-to-date.

Timing of Review

Policy 1. The ALUC must respond within 60 days of referral to local agency requests for a consistency determination on plans or projects for which submittal is mandatory [see in Sections 21675.2(a) and 21676(d) of the State Aeronautics Act]. The response period does not begin until ALUC staff determines the project submittal is complete. If the ALUC does not respond within the 60-day time frame and the land use proposal involves a general plan, specific plan, or building regulation or is a proposed airport master plan, and the ALUC has an adopted compatibility plan, the proposal is deemed consistent with the Commission's plan [Section 21676(d)].

Policy 2. ALUC review of projects and plans shall occur prior to the Land Development Technical Advisory Committee (LDTAC) meeting for the project or prior to the Planning Commission action on the project if a LDTAC meeting is not required for the project.

ALUC Staff Responsibilities

Policy 1. ALUC staff shall review project submittals to assess whether the project is subject to ALUC review and, if so, whether the project submittal is complete. If additional information is needed, ALUC staff shall notify the project proponent immediately. Once the project submittal is complete, ALUC staff shall schedule an ALUC meeting within the required 60-day time frame. ALUC staff shall provide a preliminary review of the project to determine compatibility and shall provide a recommendation to the ALUC in a staff report. The staff report shall be made available to the ALUC and the project proponent at least five days prior to the scheduled meeting.

ALUC Action Choices

Policy 1. When determining whether a land use is consistent or inconsistent with the Bryant Field and Lee Vining Airport Land Use Compatibility Plans, the ALUC shall evaluate the proposal using the policies and criteria in the Bryant Field and Lee Vining Airport Land Use Compatibility Plans.

Although this plan recognizes the incompatibility of certain land uses in the airport land use planning area based on noise, safety, and airspace concerns, it also recognizes that there may be specific situations where a normally incompatible use may be considered compatible because of terrain, specific location, or other factors related to the site. After due consideration of applicable factors, the ALUC may find a normally incompatible land use to be acceptable. In such cases, the ALUC shall specify why the exception is being granted, and find that the land use would not create a safety hazard, that airspace would not be violated, and that extraordinary circumstances related to the site justify the exception. Exceptions may be granted on a case-by-case

[10] Decibel (dBA) – Environmental noise is measured in units of decibels (dB), on a logarithmic scale. The dBA, or A-weighted decibel, refers to a scale of noise measurement that approximates the range of sensitivity of the human ear to sound of different frequencies. The normal range of hearing extends from about 3 dBA to about 140 dBA. A 10 dBA increase in the level of a continuous noise represents a perceived doubling of loudness; a 3 dBA increase is barely noticeable to most people. Environmental noise fluctuates in intensity over time and is typically described as a time averaged noise level.

Community Noise Equivalent Level (CNEL) – The average equivalent A-weighted sound level during a 24-hour period. Weighting factors are applied that place greater emphasis on evening sound levels (i.e., 5 decibels are added to noise events occurring between 7 p.m. and 10 p.m.) and even greater emphasis upon nighttime sound levels (i.e., 10 decibels are added to noise events occurring between 10 p.m. and 7 a.m.).

[11] In an avigation easement, the landowner acknowledges that aircraft and ancillary effects are present in the airspace overhead and gives up any future right to sue regarding the acknowledged effects and their impact upon the enjoyment of his property or change in property value. Avigation easements are permitted and defined by Public Utilities Code Section 21652. Avigation easements allow property to be developed for residential and other uses in areas affected by airports, but offers constructive notice to future buyers and protection to the airport.