| 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:
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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.
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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 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.
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.
On November 21, 2019, staff from DCD, Airports, and Transportation Engineering met with Dudek to review a proposed updated TIA that included additional study intersections. Following this meeting, Dudek submitted a revised technical memo to DCD and Transportation Engineering staff for review prior to beginning traffic counts at the proposed intersections. County staff has reviewed this memo and provided their comments to Dudek with direction to begin the traffic counts at the established locations. DCD staff continues to review the ADEIR concurrently with the TIA study.
On May 26, 2020, Dudek submitted a revised technical memo to DCD and Transportation Engineering staff for review prior to beginning traffic counts at the proposed intersections that responded to County staff’s comments on the previous proposal. The proposal provided a revised plan for traffic counts to comply with CCTA requirements, included VMT analysis, and put forth a plan for covering the additional costs associated with the expanded scope of work. County staff has reviewed this memo and provided their comments to Dudek with guidance to move forward with the traffic analysis and a proposal for the additional cost. HCP staff has provided their comments on the Biology section of the ADEIR.
On August 24, 2020, DCD staff and Dudek reached consensus on the technical and administrative aspects of the new traffic impact analysis, and on August 31, 2020 Dudek indicated that the analysis had begun. The TIA is expected to take approximately 6-8 weeks to complete. At the previous meeting of the Airport Committee, DCD staff was directed to work with Dudek to complete the ADEIR by the end of the year 2020. With this timeline, DCD staff continues to review the ADEIR concurrently with the TIA’s production. Numerous sections that are not directly influenced by the TIA have been reviewed and returned to Dudek for editing. DCD staff expects that by the time of the November 5, 2020 Airport Committee meeting, all non-TIA-related sections will have been sent to Dudek and that DCD staff will have received the TIA for review and distribution to other appropriate County staff. Staff acknowledges that Dudek has put considerable effort into correcting the problems that plagued previous versions of the ADEIR, and the current ADEIR shows much improvement overall compared to previous drafts.
The Airport Committee directed County staff to work with Dudek to complete the ADEIR by the end of the year 2020. Unfortunately, staff was unable to meet this timeline. Although this deadline was not met, significant progress was still achieved. On November 2, 2020, Dudek provided the latest draft of the new traffic impact analysis (TIA), which was then forwarded to DCD Transportation Planning and Public Works Transportation Engineering staff. DCD Transportation Planning provided comments on November 24, 2020, and a meeting was convened on December 17, 2020, with DCD Advance Planning, DCD Transportation Planning, PWD Transportation Engineering, and Dudek staff. At this meeting, the majority of TIA comments were either resolved or clearly communicated to Dudek, most of which were minor. Two more significant issues required further internal analysis and discussion – the scope of the TIA and financing for the required traffic improvements. On February 11, 2021, a final memo in response to the TIA was sent to Dudek with the remaining comments from DCD Transportation Planning and PWD Transportation Engineering with comments on the two outstanding issues and proposed solutions. Aside from the TIA, other notable milestones were also achieved. All sections of the EIR not related to the TIA were reviewed by staff and returned to Dudek with generally minor edits requested. The only exception to this was the Utilities section, in which the provision of water and sanitary services is discussed. Working with PWD Airports staff and Dudek, an action plan was solidified on how to provide sufficient water and sanitary service to the airport, which has historically plagued this EIR. Additionally, Dudek’s contract was extended through the year 2021.
On March 18, 2021, County staff and Dudek were able to agree on a strategy to move forward with the additional info needed for the traffic impact analysis (TIA). After receiving approval of the strategy, Dudek revised and resubmitted the TIA to staff on April 6, 2021. After internal review, County staff determined that this version of the TIA is adequate for use in the ADEIR on April 15, 2021. With this determination, Dudek worked to revise the ADEIR sections related to the TIA, as well as the remaining sections of the ADEIR staff had already provided comments on. On April 28, 2021, Dudek resubmitted a new complete draft of the ADEIR, which staff is currently reviewing at the time this memo is being updated. At this point, the sections not related to the TIA have been deemed acceptable, and DCD Advance Planning and Transportation Planning has reviewed the Transportation section with minimal comments on its contents. Comments from PWD Transportation Engineering on this section are also anticipated within the next few business days. Staff anticipates completing review of all remaining sections within the next two weeks and is striving to place the EIR into public review by the end of May, assuming all comments remain minimal.
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| Referral Update: |
On July 1, 2021, County staff was able to place the DEIR into public review. The public review period for the DEIR is 60 days. No extension will be granted for this timeline in the absence of unusual circumstances. As such, written comments on the adequacy of the DEIR must be received by 5:00PM on Monday, August 30, 2021. At the time of this update’s preparation, only one comment has been received, which was from the California Department of Conservation – Geologic Energy Management Division. The comment letter provided background information for the project area and procedural requirements regarding oil and gas wells. This input will be incorporated into staff’s review, likely as a condition of approval to ensure proper procedures are followed in the event an oil or gas well is encountered in the process of development. Staff awaits further comments through the end date of August 30th.
Staff acknowledges that Dudek’s considerable effort into correcting the problems that plagued previous versions of the ADEIR and their work to push the document into an acceptable DEIR. Staff also acknowledges all of the involved County staff’s significant effort to review and finalize the DEIR for circulation on short timelines.
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| Recommendation(s)/Next Step(s): |
Discuss progress regarding the Byron Airport Development Program DEIR public review process. Staff awaits further comments on the DEIR, which will complete its public review phase on August 30, 2021.
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| 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. On July 13th, the Board of Supervisors authorized an additional $140,000 from the Mariposa Fund to this project, resulting in a new total allocation of $489,270.
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