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7.   7.    
AIRPORTS COMMITTEE
Meeting Date: 02/13/2019  
Subject:    Review and recommend allocation of approximately $50,000 from the Mariposa Community Benefit fund to complete the FAA process to re-designate 36-acre
Submitted For: Keith Freitas
Department: Airports  
Referral No.:  
Referral Name:
Presenter: Contact: Beth Lee, (925) 681-4200

Information
Referral History:
The Airport Committee, at their September 24, 2012 meeting, directed Airports staff to schedule the use of the Mariposa Community Benefits Fund for the full Board of Supervisor’s (Board) consideration.

On December 4, 2012, the Board authorized the Department of Conservation and Development (DCD) to undertake a General Plan Amendment (GPA) study for the Byron Airport.

On December 4, 2012, the Contra Costa County Board of Supervisors authorized the use of a portion (up to $250,000) of the Mariposa Energy Project Community Benefits Fund to perform a GPA and related land use and environmental studies for the Byron Airport.

Referral Update:
The Byron Airport (Airport) Master Plan, that was approved in 2005 identified a diversity of aviation and aviation-related land uses for the long-term build-out and economic sustainability of the Airport. To fully implement the Airport Master Plan, it was necessary to undertake a GPA process to provide consistency with and allow for the broad range of, contemplated land uses. The GPA requires an environmental analysis of the proposed changes before the amendment can be considered for approval.

DCD is managing the GPA process that also includes amendments to the Airport P-1 Planned Unit District Zoning text and the associated environmental analysis. The initial project cost range of $90,000 to $250,000, depending on the elements identified during the environmental review, did not include updating the Byron Chapter of the Airport Land Use Compatibility Plan (ALUCP). Updating the Byron Chapter of the ALUCP was found to be necessary to be consistent with the GPA. As such, on July 18, 2018, the Airport Committee supported using $49,250 of the Mariposa Community Benefit Fund for the ALUCP update. On August 14, 2018, the Board approved the use of $49,250 of the Mariposa Community Benefit Fund for the ALUCP update. As such, the total amount of the Mariposa Community Benefit Fund allocated to this project increased to $299,250.

During the course of preparing the GPA process documents, additional land and environmental analysis were identified as necessary to complete the process and achieve consistency with governing policies and plans. This item represents the first, and item number 8 below details the second, request for added funding from the Mariposa Community Benefit Fund related to the Byron Airport GPA process.

On April 24, 2018, the Board authorized staff to negotiate a ground lease and development terms for approximately 36-acres of County owned land at the Byron Airport. The proposed use was for a compatible non-aviation development on land described for non-aviation use in the Byron Airport Master Plan (Airport Master Plan). This land, however, was not formally released for non-aeronautical use by the Federal Aviation Administration (FAA). A land release request package must be prepared in order for the FAA to make a determination. As the requested action could result in a change to the Airport Master Plan, the land release request package must comply with the National Environmental Policy Act (NEPA). The cost to prepare a documented categorical exclusion (CATEX) is approximately $50,000. It is possible that an Environmental Assessment may be required if there are identified critical items during the preparation of the CATEX or if the FAA determines that a higher level NEPA evaluation is necessary. Completion of the GPA process and FAA release of the 36-acres for non-aeronautical use is required before a lease can be executed.

In accordance with the June 8, 2015, Airport Committee directive, Airports staff is requesting an additional $50,000 of the Mariposa Community Benefit Fund to prepare a land release request package for the FAA to allow for 36-acres of non-aeronautical use at the Byron Airport.

Recommendation(s)/Next Step(s):
Review and recommend allocation of approximately $50,000 from the Mariposa Community Benefit fund to complete the FAA process to re-designate 36-acres of airport land for non-aeronautical use. This is a general discussion regarding the use of a portion of the Mariposa Community Benefit Fund to prepare a land release request package for the FAA in order to allow non-aeronautical use of 36-acres at the Byron Airport. This item will also be reviewed and discussed with the Aviation Advisory Committee at their February 14th meeting.

Fiscal Impact (if any):
While the land release and change to the Airport Layout Plan (ALP) are necessary to provide land use consistency with the approved Byron Airport Master Plan, these items are not eligible for FAA funding. To date, $234,423 has been spent from the Mariposa Community Benefit Fund for the GPA process. This funding request is consistent with the Board's previously approved use of a portion of the Mariposa Community Benefit Fund for the Byron GPA project. Allocating an additional $50,000 for the release of land for non-aeronautical use at the Byron Airport will result in approximately $503,165 remaining in the Mariposa Community Benefit Fund for other Byron Airport projects.
Attachments
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