Brown Field Municipal Airport Land Use Compatibility Plan

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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aredeemed mandatory for new development and shall continue in effect as ALUC policy evenif the state law is revised or rescinded.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
CHAPTER 3BROWN FIELD MUNICIPAL AIRPORT POLICIES AND MAPSeach local agency affected by this Compatibility Plan adopt a policy designating these areasas the places where disclosure of airport proximity is required under state law or isotherwise appropriate. Although strongly encouraged, adherence to this policy is notmandatory as it applies to existing land uses over which the ALUC does not have authority.3.6.3 Overflight Notification: In addition to the preceding real estate disclosure requirements, anoverflight notification document shall be recorded for any local agency approval of newresidential land use development within the area indicated on Exhibit III-5.(a) The overflight notification document shall disclose the following: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.(b) A separate overflight notification document is not necessary where an avigation easement isrequired.(c) Recordation of an overflight notification document is not required for nonresidentialdevelopment.(d) Nothing in this policy is intended to prevent a local agency from adopting andimplementing an expanded form of overflight notification.(e) Examples of overflight notification documents are provided in Appendix F.3-61Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010 Amended December 20, 2010
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Brown Field Municipal AirportLand U
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San Diego County Regional Airport A
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TABLE OF CONTENTS BROWN FIELD MUNIC
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TABLE OF CONTENTS BROWN FIELD MUNIC
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1Introduction1.1 OVERVIEW OF THE PL
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CHAPTER 1INTRODUCTIONthe vicinity o
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CHAPTER 1INTRODUCTION1.2.1 State La
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CHAPTER 1INTRODUCTION1.4 PLAN IMPLE
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Chapter 2Airport Land UseCommission
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CHAPTER 2AIRPORT LAND USE COMMISSIO
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Chapter 3Brown Field Municipal Airp
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CHAPTER 3BROWN FIELD MUNICIPAL AIRP
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Brown Field Municipal Airport Land
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CHAPTER 4BACKGROUND DATA: BROWN FIE
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Appendix AState Laws Related toAirp
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APPENDIX ASTATE LAWS RELATED TO AIR
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Appendix B14 Code of Federal Regula
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APPENDIX B14 CODE OF FEDERAL REGULA
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Appendix CAirport Land UseCompatibi
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APPENDIX CAIRPORT LAND USE COMPATIB
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Appendix DMethods for Determining C
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APPENDIX DMETHODS FOR DETERMINING C
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Appendix EGeneral Plan Consistency
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APPENDIX EGENERAL PLAN CONSISTENCY
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APPENDIX EGENERAL PLAN CONSISTENCY
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Appendix FSample Implementation Doc
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APPENDIX FSAMPLE IMPLEMENTATION DOC
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Appendix GOn-Line Implementation To
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APPENDIX GON-LINE IMPLEMENTATION TO
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Appendix HGlossary of TermsIn addit
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APPENDIX HGLOSSARY OF TERMSDisplace
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APPENDIX HGLOSSARY OF TERMSNavigati
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APPENDIX HGLOSSARY OF TERMSVisual F
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Appendix ICorrespondence with theDi
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and FAA directive.That said, we wil
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Brown Field Municipal Airport Land Use Compatibility Plan

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