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

CHAPTER 2AIRPORT LAND USE COMMISSION POLICIES2.2.22 Handbook: California Airport Land Use Planning Handbook, published by the State of California,Department of Transportation, Division of Aeronautics (January 2002).2.2.23 High Terrain Zone: Areas of land in the vicinity of an airport where the ground lies above anFAR Part 77 surface or less than 35 feet beneath such surface. In addition, any location wherethe ground level reaches to within 100 feet of an instrument approach surface, as defined by theU.S. Standard for Terminal Instrument Procedures. This zone is shown on the airspace protectionpolicy map in Chapter 3, where applicable, based upon surrounding terrain.2.2.24 Infill: Development of vacant or underutilized land within established communities orneighborhoods that are: (a) already served with streets, water, sewer, and other infrastructure;and (b) comprised of existing uses inconsistent with the compatibility criteria set forth in thisCompatibility Plan. (See Policy 2.11.1 for criteria used by local agencies to identify potential infillareas in the Transition Zone for compatibility planning purposes.)2.2.25 Local Agency: For the purposes of this Compatibility Plan, the County of San Diego, the cities ofPoway, San Diego, and Santee, or other local governmental entity such as a special district,school district, or community college district having jurisdiction over land uses within the AIA'sboundaries. These entities are subject to the provisions of this Compatibility Plan; the ALUCdoes not have authority over land use actions of federal agencies.2.2.26 Local Plan or Other Land Use Project/Plan: For purposes of this Compatibility Plan, these terms shallmean any action, regulation or permit. (See Pub. Util. Code, §21676.5.)2.2.27 Nonconforming Use: A land use, parcel or building that does not comply with this CompatibilityPlan. (See Policies 2.11.2 and 2.11.3 for criteria applicable to land use actions involvingnonconforming uses.)2.2.28 Overflight Notification: An Overflight Notification is a buyer awareness tool that ensures prospectivebuyers of residential land use development near an airport are informed about the airport'spotential impact on the property. An Overflight Notification is recorded in the chain of title of theproperty and indicates that a property may be subject to some of the annoyances orinconveniences associated with proximity to an airport and aircraft operations (for example:noise, vibration, overflights or odors). An Overflight Notification does not convey property rightsfrom the property owner to the airport and does not restrict the height of objects. It simplydocuments the existence of certain conditions which may affect the property. The Airport LandUse Commission will require the recording of an Overflight Notification as a condition of projectapproval within portions of the airport influence area where overflights are known to occur.2.2.29 Project; Permit; Land Use Action; Development Proposal; Project/Plan: Terms similar in meaning andall referring to the types of land use matters, either publicly or privately sponsored, that aresubject to the provisions of this Compatibility Plan. (See definition of Local Plan.)2.2.30 Real Estate Disclosure: A Real Estate Disclosure is required by state law as a condition of the sale ofmost residential property if the property is located in the vicinity of an airport and within itsairport influence area. (See Bus. & Prof. Code, §11010; Civ. Code, §§1102.6, 1103.4, 1353.) Thedisclosure notifies the prospective purchaser of potential annoyances or inconveniencesassociated with airport operations prior to completing the purchase.2.2.31 Reconstruction: The rebuilding of an existing nonconforming structure that has been fully orpartially destroyed as a result of a calamity (not planned reconstruction or redevelopment), asdefined by the local agency.2–4 MCAS Miramar Airport Land Use Compatibility Plan (Adopted October 2008 Amended December 2010)