Brown Field Municipal Airport Land Use Compatibility Plan

CHAPTER 3BROWN FIELD MUNICIPAL AIRPORT POLICIES AND MAPStogether with the overflight zones depicted on Exhibit III-5 of this chapter. The policies applyto all of the AIA (Review Area 1 and Review Area 2).3.6.2 State Law Requirements Regarding Real Estate Disclosure: Effective January 1, 2004,California statutes (Business and Professional Code section 11010 and Civil Code sections1102.6, 1103.4, and 1353) require that, as part of many residential real estate transactions,information be disclosed regarding whether the property is situated within an AIA.(a) These state requirements apply to the sale or lease of newly subdivided lands andcondominium conversions and to the sale of certain existing residential property.(b) The statutes define an airport influence area as “the area in which current or future airportrelatednoise, overflight, safety, or airspace protection factors may significantly affect landuses or necessitate restrictions on those uses as determined by an airport land usecommission.”(1) The AIA for the Airport is identified on Exhibit III-6.(2) For the purposes of compliance with the state statutes, ALUC policy is that the disclosurerequirements shall apply within the AIA (Review Area 1 and Review Area 2).(c) Where disclosure is required, the state statutes dictate that the following statement shall beprovided:NOTICE OF AIRPORT IN VICINITY: This property is presently located in thevicinity of an airport, within what is known as an airport influence area. For thatreason, the property may be subject to some of the annoyances or inconveniencesassociated with proximity to airport operations (for example: noise, vibration, orodors). Individual sensitivities to those annoyances can vary from person toperson. You may wish to consider what airport annoyances, if any, areassociated with the property before you complete your purchase and determinewhether they are acceptable to you.(d) For the purposes of this Compatibility Plan, the disclosure provisions of state law aredeemed mandatory for new development and shall continue in effect as ALUC policy evenif the state law is revised or rescinded. Also, ALUC policy requires that signs providing theabove notice be prominently posted in the real estate sales office and/or other key locationsat any new project within the AIA (Review Area 1 and Review Area 2).(e) Although not required by state law, the recommendation of the ALUC is that the aboveairport proximity disclosure should be provided as part of all real estate transactionsinvolving private property within the AIA (Review Area 1 and Review Area 2), especiallyany sale, lease, or rental of residential property. Furthermore, the ALUC recommends that3–60Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010 Amended December 20, 2010