File #: 08-0909    Version:
Type: Agenda Item Status: Adopted
File created: 6/6/2008 In control: Board of Supervisors
On agenda: 8/5/2008 Final action: 8/5/2008
Title: Adoption of Ordinance 4784 extending the temporary suspension of Ordinance Code Section 17.38.062, for a period of 10 months and 15 days to allow the Department and County Counsel staff to continue to study and finalize the revisions of Section 17.38.062 to comply with the constitutional limitations the courts have expressed concerning similar regulations. (Refer 6/17/08, Item 44)
Attachments: 1. 8-5-08 Avigation Staff Report, 2. 8-5-08 Avigation Extention Ordinance, 3. Staff Report, 4. 17.38.062 Summary, 5. 17.38.062 Ordinance, 6. Memo submitted by J. Fuller att'd 6-17-08.pdf
Title
Adoption of Ordinance 4784 extending the temporary suspension of Ordinance Code Section 17.38.062, for a period of 10 months and 15 days to allow the Department and County Counsel staff to continue to study and finalize the revisions of Section 17.38.062 to comply with the constitutional limitations the courts have expressed concerning similar regulations. (Refer 6/17/08, Item 44)
Body

Fiscal Impact/Change to Net County Cost: None

Background:

On June 17, 2008 pursuant to Government Code section 65858, this Board enacted Ordinance Number 4779 imposing a 45 day suspension of Ordinance Code section 17.38.062 to allow staff and County Counsel to study the possibility of revisions to that section so as to comply with the constitutional limitations as interpreted by the courts since the adoption of the original section.

Ordinance Code section 17.38.062 reads in pertinent part:

“No permit of any type shall be issued for any development or activity subject to the airport safety (AA) regulations until the county is provided with an avigation and noise easement granting the right of flight over and above the subject property. Such easement shall be supplied in a form prescribed by the county and shall be recorded on the title of the subject property.”

On July 7, 2008 a meeting was held to discuss revision of Ordinance Code section 17.38.062. The meeting was attended by representatives of the El Dorado County Development Services Department, El Dorado County Department of Transportation, El Dorado County Counsel’s office, and Cameron Park Airport District.

On July 24, 2008 a second meeting was held to discuss revision of Ordinance Code section 17.38.062. The meeting was attended by representatives of El Dorado County Development Services, El Dorado County Counsel’s office, El Dorado County Department of Transportation, Cameron Park Airport District, El Dorado County Transportation Commission and the State of California Department of Transportation, D...

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