Yuba County Airport Land Use Compatibility Plan
Yuba County Airport Land Use Compatibility Plan
Yuba County Airport Land Use Compatibility Plan
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CHAPTER 2 POLICIES<br />
(b) Limitations of state real estate transfer disclosure law. State law applies to existing development,<br />
but not to all transactions (see Policy 3.4.6).<br />
(c) Need for continuity of notification to future property owners and tenants. To the extent<br />
that the ALUC sets notification requirements for new development, the policy<br />
should ensure that the notification runs with the land and is provided to prospective<br />
future owners and tenants.<br />
(d) Inappropriateness of avigation easement dedication solely for buyer awareness purposes.<br />
Avigation easements involve conveyance of property rights from the property<br />
owner to the party owning the easement and are thus best suited to locations where<br />
land use restrictions for noise, safety, or airspace protection purposes are necessary.<br />
Property rights conveyance is not needed for buyer awareness purposes.<br />
3.4.5. Recorded Overflight Notification: As a condition for local agency approval of residential land<br />
use development within the primary overflight area indicated on Map 5, an overflight notification<br />
shall be recorded.<br />
(a) The notification shall contain the language dictated by state law with regard to real estate<br />
transfer disclosure (see Policy 3.4.6(c)) and shall be of a format similar to that indicated<br />
in Appendix G.<br />
(b) The notification shall be evident to prospective purchasers of the property and shall<br />
appear on the property deed.<br />
(c) A separate recorded overflight notification is not required where an avigation easement<br />
is provided.<br />
(d) Recording of an overflight notification is not required for nonresidential development.<br />
3.4.6. State Law Requirements Regarding Real Estate Transfer Disclosure: Effective January 1, 2004,<br />
California state statutes (Business and Professions Code Section 11010 and Civil Code<br />
Sections 1102.6, 1103.4, and 1353) require that, as part of many residential real estate<br />
transactions, information be disclosed regarding whether the property is situated within an<br />
airport influence area.<br />
(a) These state requirements apply to the sale or lease of newly subdivided lands and condominium<br />
conversions and to the sale of certain existing residential property. In general,<br />
airport proximity disclosure is required with existing residential property transfer<br />
only when certain natural conditions (earthquake, fire, or flood hazards) warrant disclosure.<br />
(b) The statutes define an airport influence area as ―the area in which current or future airport-related<br />
noise, overflight, safety, or airspace protection factors may significantly affect<br />
land uses or necessitate restrictions on those uses as determined by an airport land<br />
use commission.‖ The <strong>Yuba</strong> and Sutter county areas within which the ALUC deems<br />
airport proximity disclosure to be appropriate for the <strong>Yuba</strong> <strong>County</strong> <strong>Airport</strong> is identified<br />
on Map 5, <strong>Compatibility</strong> Policy Map: Overflight.<br />
(c) Where disclosure is required, the state statutes dictate that the following statement<br />
shall be provided:<br />
NOTICE OF AIRPORT IN VICINITY: This property is presently located in<br />
the vicinity of an airport, within what is known as an airport influence area. For<br />
that reason, the property may be subject to some of the annoyances or inconven-<br />
2–28 <strong>Yuba</strong> <strong>County</strong> <strong>Airport</strong> <strong>Land</strong> <strong>Use</strong> <strong>Compatibility</strong> <strong>Plan</strong> (September 2010 Draft)
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