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AIRPORTS COMMITTEE
Meeting Date: 09/11/2019  
Subject:    Discuss progress regarding the Byron Airport General Plan Amendment (Will Nelson, Department of Conservation and Development)
Submitted For: Keith Freitas
Department: Airports  
Referral No.:  
Referral Name:
Presenter: Contact: Beth Lee (925) 681-4200

Information
Referral History:
The Byron Airport Master Plan, adopted in 2005, identified a diversity of aviation and airport-related land uses for the long-term build-out of the airport. To fully implement the Airport Master Plan, it is necessary to adopt a General Plan Amendment (GPA) to allow for the range of contemplated land uses. The GPA requires an environmental review pursuant to the California Environmental Quality Act (CEQA).

In December 2012 the Board of Supervisors authorized the Department of Conservation and Development (DCD) to initiate a GPA for Byron Airport, to be funded from the Mariposa Community Benefits Fund. DCD staff is overseeing the project in collaboration with Airports Division staff.

In April 2015 DCD staff issued a Request for Proposals for the Byron Airport Development Program and CEQA analysis. Only two proposals were received, and only one was within the budget for the project as established at the time. That August the Board of Supervisors approved a $180,545 contract between Contra Costa County and Dudek, Inc., to prepare a development scenario for Byron Airport and the environmental impact report (EIR) for the GPA.

At the April 2016 Airport Committee meeting there was a general discussion about the project. Staff and the Committee expressed dissatisfaction with the apparent lack of progress. In the weeks following the meeting, staff of DCD and Airports, and the consultant, had several discussions to determine why the environmental review was not proceeding as originally planned. The consultant indicated they were having difficulty formulating an acceptable project description, which forms the basis for the environmental review, because:
  • The Airport Land Use Compatibility Plan (ALUCP) predates the 2005 Byron Airport Master Plan and does not accurately reflect proposed aviation activities and proposed non-aviation development.
  • The ALUCP policies for Byron Airport are overly restrictive compared to those for Buchanan Airport and relative to current guidance per the California Airport Land Use Planning Handbook published by Caltrans.

While ALUCPs generally do not apply to airports themselves, the 2005 Master Plan specifically states that the policies and regulations of the ALUCP are applicable to Byron Airport, thereby artificially limiting what can occur on the airport property. Staff and the consultant determined that the best way forward would be to expand the scope of the project to include updating the portions of the ALUCP pertaining to Byron Airport. While this would extend the project timeline and increase cost, the final product would be consistent and compatible General Plan, zoning, ALUCP, and Master Plan documents for Byron Airport. On July 20, 2016, the Airport Committee reviewed the revised scope of work and directed staff to prepare a contract amendment for approval by the Board of Supervisors.

In March 2017 Dudek presented the Airport Committee with updated development scenarios for Byron Airport. In the months following the meeting, DCD and Airports staff worked to refine the project description. With the project description seemingly complete, in September 2017 DCD issued the Notice of Preparation (NOP), which formally began the EIR process.

Also in September 2017, Airports staff began discussions with Caltrans regarding Byron Airport’s classification (i.e., rural versus suburban). This classification affects the allowable intensity of aviation and airport-related development, which in turn could impact the airport’s long-term economic viability. Classifying Byron as a suburban airport would be more consistent with its FAA designation as a reliever airport, and the long-term build-out as detailed in its Master Plan. However, Byron Airport is surrounded by undeveloped land that is outside the Urban Limit Line, giving the impression that the airport should be classified as rural. Dudek’s work on the DEIR slowed significantly while the airport classification issue was being resolved because the project’s impact in certain environmental topic areas (e.g., Traffic, Air Quality, Greenhouse Gas Emissions, Noise, Energy) could not be determined until the intensity of development was known.

In January 2018, Airports staff received a letter of interest from Mark Scott Construction, Inc., to develop and lease a light industrial project on the approximately 36.3 acres located generally northeast of the main runway.

In March 2018, Dudek indicated that the administrative draft EIR (ADEIR) would be submitted for County staff’s review in June or July, and that completion of the Transportation section was delaying the submittal. Throughout 2018 the project was delayed by the traffic subconsultant’s inability to complete the traffic impact analysis (TIA) that forms the basis for the DEIR Transportation section.

In May 2018, Dudek presented the draft ALUCP update materials to the Airport Land Use Commission. Following this meeting, the project description was again refined.

In August 2018, the Mark Scott proposal was expanded to potentially include an 11.67-acre private parcel located on Armstrong Road between airport property and the Byron-Bethany Irrigation District Canal. Because this private property was not part of the original EIR scope, it was necessary to perform additional environmental studies and revise several sections of the ADEIR (e.g., Aesthetics, Biological Resources, Cultural Resources, Hazardous Materials). The expansion also pushed the overall project over the threshold for requiring a water supply assessment (WSA) pursuant to Senate Bill 610. Ultimately, these revisions to the ADEIR and preparation of the WSA caused little-to-no delay because of the ongoing delay in preparing the traffic analysis.

On November 6, 2018, Dudek submitted the first TIA for staff’s review. The analysis assumed a substantial portion of future airport-related development might be commercial, which inflated the projected vehicle trip generation to an unrealistic level. The proposed mitigation measures, which included installation of traffic signals at several local intersections, construction of new turn pockets and lanes, and widening of nearby roads, were impractical and cost prohibitive.

On December 13, 2018, Airports staff met with Dudek to again revise the project description so that a new, more realistic TIA could be prepared. On the same day, Dudek submitted the first few sections of the ADEIR for staff’s review. The remaining sections were submitted throughout January and into February 2019. Staff reviewed several sections of the ADEIR and found myriad problems including flawed analysis, portions copied and pasted from other EIRs, and numerous grammatical errors. Staff also reviewed the second TIA and determined it was woefully inadequate, in large part because it was not prepared in accordance with the Contra Costa Transportation Authority Technical Procedures. The ADEIR was so flawed that continued review was a drain on staff’s time. Dudek indicated it would prepare a second ADEIR responding to staff’s initial comments.
Referral Update:
The second ADEIR was submitted in June 2019. Staff began its review and again found the sorts of problems that plagued the original ADEIR. Staff also reviewed the third TIA and found it to be flawed. DCD and Airports staff met with Dudek's regional director, Steve Peterson, on August 4, 2019, to discuss the problems with the ADEIR and Dudek's continued poor performance. Mr. Peterson requested that County staff complete its review of the ADEIR and guaranteed that the draft EIR (DEIR) would meet the County's expectations.
Recommendation(s)/Next Step(s):
Discuss progress regarding the Byron Airport Development Program. Staff continues to review the ADEIR. The timeframe for completion of the DEIR is unknown. The next step after completion of the DEIR will be the public review period, which will last from 45-60 days.
Fiscal Impact (if any):
As amended, the contract with Dudek is for $272,586, to be paid out of the Mariposa Community Benefits Fund. This figure does not include County staff costs associated with the project.
Attachments
No file(s) attached.

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