Brown Field Municipal Airport Land Use Compatibility Plan

APPENDIX CAIRPORT LAND USE COMPATIBILITY CONCEPTSpolicies of this Compatibility Plan, the objectives of the Plan would be well-served if local jurisdictionsconsider this strategy in their own planning efforts. To the extent that residential land uses must belocated in aircraft overflight areas, multifamily residences—because they tend to have comparatively littleoutdoor living areas, fewer external walls through which aircraft noise can intrude to each dwelling unit,and relatively high noise levels of their own—are preferable to single-family dwellings. Particularlyundesirable are “ranchette” style residential areas consisting of large (about an acre on average) lots.Such developments are dense enough to expose many people to overflight noise, yet sufficiently rural incharacter that background noise levels are likely to be low.Basis for Setting CriteriaIn California, the most definitive guidance on determining where overflight impacts are significant orwhat actions should be taken in response is provided in a State law that became effective in January 2004.California statutes (Business and Professions Code, §11010; Civil Code, §§ 1103, 1353) now requiremost residential real estate transactions, including all involving new subdivisions, to include disclosurethat an airport is nearby. The area encompassed by the disclosure requirements is 2 miles from the airportor the airport influence area established by the county’s airport land use commission. The law defines theairport influence area as “the area in which current or future airport-related noise, overflight, safety, orairspace protection factors may significantly affect land uses or necessitate restrictions on those uses asdetermined by an airport land use commission.” This Compatibility Plan recommends that the disclosureof airport proximity be applied to all new developments within the airport influence area and recommendsthat disclosure be provided as part of all real estate transactions involving private property, especially anysale, lease, or rental of residential property.In addition to the real estate disclosure requirements, this Compatibility Plan recommends an OverflightNotification to be recorded for local agency approval of residential land use developments with theOverflight Notification area boundary depicted in Chapter 3 of this Compatibility Plan.C–28Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010