MCAS Miramar Airport Land Use Compatibility Plan - San Diego ...

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APPENDIX EGENERAL PLAN CONSISTENCY CHECKLISTZoning or Other Policy Documents, Continued Open Land Requirements—Compatibility plan requirements,if any, for assuring that a minimum amount ofopen land is preserved for the airport vicinity must be reflectedin local policies. Normally, the locations whichare intended to be maintained as open land would beidentified on a map with the total acreage within eachcompatibility zone indicated. If some of the area includedas open land is private property, then policiesmust be established which assure that the open land willcontinue to exist as the property develops. Policies specifyingthe required characteristics of eligible open landalso must be established. Infill Development—If a compatibility plan contains infillpolicies and a jurisdiction wishes to take advantage ofthem, the lands which meet the qualifications must beshown on a map. Height Limitations and Other Hazards to Flight—Toprotect the airport airspace, limitations must be set onthe height of structures and other objects near airports.These limitations are to be based upon Part 77 of theFederal Aviation Regulations, but may include exceptionsfor objects on high terrain if provided for in thecompatibility plan. Restrictions also must be establishedon other land use characteristics which can cause hazardsto flight (specifically, visual or electronic interferencewith navigation and uses which attract birds). Notethat many jurisdictions have already adopted an airportrelatedhazard and height limit zoning ordinance which,if up to date, will satisfy this consistency requirement. Noise Insulation Requirements—Some compatibilityplans call for certain buildings proposed for constructionwithin high noise-impact areas to demonstrate that theywill contain sufficient sound insulation to reduce aircraftrelatednoise to an acceptable level. These criteria applyto new residences, schools, and certain other buildingscontaining noise-sensitive uses. Local policies must includeparallel criteria. Buyer Awareness Measures—As a condition for approvalof development within certain compatibility zones,some compatibility plans require either dedication of anavigation easement to the airport proprietor or placementon deeds of a notice regarding airport impacts. Ifso, local jurisdiction policies must contain similar requirements.Compatibility plans also may encourage,but should not require, local jurisdictions to adopt a policystating that airport proximity and the potential for aircraftoverflights be disclosed as part of real estate transactionsregarding property in the airport influence area. Nonconforming Uses and Reconstruction—Local jurisdictionpolicies regarding nonconforming uses andreconstruction must be equivalent to or more restrictivethan those in the compatibility plan, if any.REVIEW PROCEDURESIn addition to incorporation of ALUC compatibility criteria,local jurisdiction implementing documents must specify themanner in whish development proposals will be reviewed forconsistency with the compatibility criteria. Actions Always Required to be Submitted for ALUCReview—State law specifies which types of developmentactions must be submitted for airport land usecommission review. Local policies should either listthese actions or, at a minimum, note the jurisdiction’s intentto comply with the state statute. Other Land Use Actions Potentially Subject to ALUCReview—In addition to the above actions, compatibilityplan may identify certain major land use actions forwhich referral to the ALUC is dependent upon agreementbetween the jurisdiction and the ALUC. If the jurisdictionfully complies with all of the items in this generalplan consistency check list or has taken the necessarysteps to overrule the ALUC, then referral of the additionalactions is voluntary. On the other hand, a jurisdictionmay elect not to incorporate all of the necessary compatibilitycriteria and review procedures into its own policies.In this case, referral of major land use actions tothe ALUC is mandatory. Local policies should indicatethe jurisdiction’s intentions in this regard. Process for Compatibility Reviews by Local Jurisdictions—Ifa jurisdiction chooses to submit only the mandatoryactions for ALUC review, then it must establish apolicy indicating the procedures which will be used toassure that airport compatibility criteria are addressedduring review of other projects. Possibilities include: astandard review procedure checklist which includes referenceto compatibility criteria; use of a geographic informationsystem to identify all parcels within the airportinfluence area; etc. Variance Procedures—Local procedures for granting ofvariances to the zoning ordinance must make certainthat any such variances do not result in a conflict withthe compatibility criteria. Any variance which involvesissues of noise, safety, airspace protection, or overflightcompatibility as addressed in the compatibility plan mustbe referred to the ALUC for review. Enforcement—Policies must be established to assurecompliance with compatibility criteria during the lifetimeof the development. Enforcement procedures are especiallynecessary with regard to limitations on usage intensitiesand the heights of trees. An airport combiningdistrict zoning ordinance is one means of implementingenforcement requirements.Source: California Airport Land Use Planning Handbook (January 2002)E–2 MCAS Miramar Airport Land Use Compatibility Plan (Adopted October 2008)
A P P E N D I X FSample Implementation DocumentsThe responsibility for implementation of the compatibility criteria set forth in the Compatibility Plan restslargely with the County of San Diego and affected cities. As described in Appendix E, modification ofgeneral plans and specific plans for consistency with applicable compatibility plans is the major step inthis process. However, not all of the measures necessary for achievement of airport land use compatibilityare necessarily included in general plans and specific plans. Other types of documents also serveto implement the Compatibility Plan policies. Samples of such implementation documents are includedin this appendix.Airport Combining Zone OrdinanceAs noted in Chapter 2 of this document, one option that the affected local jurisdictions can utilize toimplement airport land use compatibility criteria and associated policies is adoption of an airport combiningzone ordinance. An airport combining zone ordinance is a way of collecting various airportrelateddevelopment conditions into one local policy document. Adoption of a combining zone is notrequired, but is suggested as an option. Table F1 describes some of the potential components of anairport combining zone ordinance.Buyer Awareness MeasuresBuyer awareness is an umbrella category for several types of implementation documents all of whichhave the objective of ensuring that prospective buyers of airport area property, particularly residentialproperty, are informed about the airport’s impact on the property. The Compatibility Plan policies includeeach of these measures. Overflight Notification—An overflight notification informs property owners that the property issubject to aircraft overflight and generation of noise and other impacts. No restrictions on theheights of objects, requirements for marking or lighting of objects, or access to the property forthese purposes are included. An overflight notification serves only as buyer acceptance of overflightconditions. Suggested wording of an overflight notification is included in Table F2. Unlike an avigationeasement, overflight easement, or other type of easement, an overflight notification is not aconveyance of property rights. However, like an easement, an overflight notification is recorded onthe property deed and therefore remains in effect with sale of the property to subsequent owners.Overflight notifications are generally appropriate in areas outside the 60 dB CNEL noise contour,outside Safety Zones, and within areas where the height of structures and other objects would notpose a significant potential of being airspace obstruction hazards. Real Estate Disclosure—A less definitive, but more all-encompassing, form of buyer awarenessmeasure is for the ALUC and local jurisdictions to establish a policy indicating that informationabout and airport’s influence area should be disclosed to prospective buyers of all airport-vicinityproperties prior to transfer of title. The advantage of this type of program is that it applies to previouslyexisting land uses as well as to new development. The requirement for disclosure of infor-MCAS Miramar Airport Land Use Compatibility Plan (Adopted October 2008) F–1
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MCAS MiramarAirport Land UseCompati
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San Diego County Regional Airport A
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TABLE OF CONTENTS3.6 Overflight Com
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Chapter 1Introduction1.1 OVERVIEW O
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INTRODUCTION CHAPTER 1LimitationsTh
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INTRODUCTION CHAPTER 1guidance for
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INTRODUCTION CHAPTER 1implementing
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Chapter 2Airport Land Use Commissio
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AIRPORT LAND USE COMMISSION POLICIE
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Chapter 3MCAS MiramarPolicies and M
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MCAS MIRAMAR POLICIES AND MAPS CHAP
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CHAPTER 3MCAS MIRAMAR POLICIES AND
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CHAPTER 3 MCAS MIRAMAR POLICIES AND
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Chapter 4Background Data:MCAS Miram
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CHAPTER 4BACKGROUND DATA: MCAS MIRA
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BACKGROUND DATA: MCAS MIRAMAR AND E
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A P P E N D I X AState Laws Related
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STATE LAWS RELATED TO AIRPORT LAND
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Page 151 and 152: STATE LAWS RELATED TO AIRPORT LAND
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