Brown Field Municipal Airport Land Use Compatibility Plan

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APPENDIX FSAMPLE IMPLEMENTATION DOCUMENTSon Exhibit F-2. Unlike an avigation easement or other type of easement, an Overflight Notification isnot a conveyance of property rights. However, similar to an easement, an Overflight Notification isrecorded on the property deed and, therefore, remains in effect with sale of the property to subsequentowners. Overflight Notifications are generally appropriate is areas outside the area exposed to 60 dBCommunity Noise Equivalent Level (CNEL), outside safety zones, and within areas where the height ofstructures and other objects would not pose a significant potential of being airspace obstructionhazards.• 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 information aboutan airport’s influence area should be disclosed to prospective buyers of all airport-vicinity propertiesprior to the transfer of title. The advantage of this type of measure is that it applies to existing landuses as well as new development. The requirement for disclosure of information about the proximity ofan airport has been included in State of California law for some time, but legislation adopted in 2002,which became effective in January 2004, explicitly ties the requirement to the airport influence areasestablished by ALUCs (see Appendix A for excerpts from sections of the Business and ProfessionsCode and Civil Code that define these requirements). With certain exceptions, this legislation requiresdisclosure of a property’s location within an airport influence area under any of the following threecircumstances: (1) sale or lease of subdivided lands; (2) sale of common interest developments; and (3)sale of residential real property. In each case, the disclosure statement to be used is defined by Statelaw as follows:NOTICE OF AIRPORT IN VICINITYThis property is presently located in the vicinity of an airport, withinwhat is known as an airport influence area. For that reason, theproperty may be subject to some of the annoyances or inconveniencesassociated with proximity to airport operations (for example: noise,vibration, or odors). Individual sensitivities to those annoyances canvary from person to person. You may wish to consider what airportannoyances, if any, are associated with the property before youcomplete your purchase and determine whether they are acceptable toyou.F–2Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010
APPENDIX FSAMPLE IMPLEMENTATION DOCUMENTSTable F-1Sample Airport Combining Zone ComponentsZoning OrdinanceAirspace ProtectionFAA NotificationRequirementsState Regulation ofObstructionDesignation of HighNoise-Impact AreasMaximumDensities/IntensitiesOpen Areas forEmergency Landingof AircraftDescriptionA combining district can establish restrictions on the height of buildings, antennas, trees, and other objects asnecessary to protect the airspace needed for operation of the airport. These restrictions should be based upon thecurrent version of Federal Aviation Regulations (FAR) Part 77, Objects Affecting Navigable Airspace, Subpart C.Additions or adjustment to take into account instrument approach (TERPS) surfaces should be made as necessary.Provisions prohibiting smoke, glare, bird attractions, and other hazards to flight should also be included.Combining districts also can be used to ensure that project developers are informed about the need for compliancewith the notification requirements of FAR Part 77. Subpart B of the regulations requires that the proponent of anyproject that exceeds a specified set of height criteria submit a Notice of Proposed Construction or Alteration (Form7460-1) to the Federal Aviation Administration (FAA) prior to commencement of construction. The height criteriaassociated with this notification requirement are lower than those in FAR Part 77, Subpart C, which define airspaceobstructions. The purpose of the notification is to determine if the proposed construction would constitute a potentialhazard or obstruction to flight. Notification is not required for proposed structures that would be shielded by existingstructures or by natural terrain of equal or greater height, where it is obvious that the proposal would not adverselyaffect air safety.State law prohibits anyone from constructing or altering a structure or permitting an object of natural growth toexceed the heights established by FAR Part 77, Subpart C, unless the FAA has determined the object would or doesnot constitute a hazard to air navigation (Public Utilities Code, Section 21659). Additionally, a permit from theDepartment of Transportation is required for any structure taller than 500 feet above the ground unless the height isreviewed and approved by the Federal Communications Commission or the FAA (Public Utilities Code, Section21656).California statutes require that multifamily residential structures in high-noise exposure areas be constructed so as tolimit the interior noise to a Community Noise Equivalent Level (CNEL) of no more than 45 dB. A combining districtcould be used to indicate the locations where special construction techniques may be necessary to ensurecompliance with this requirement. The combining district also could extend this criterion to single-family dwellings.Airport noise and safety compatibility criteria are frequently expressed in terms of dwelling units per acre forresidential uses and people per acre for other land uses. These standards can either be directly included in acombining zone or used to modify the underlying land use designations. For residential land uses, the correlationbetween the compatibility criteria and land use designations is direct. For other land uses, the method of calculatingthe intensity limitations needs to be defined. Alternatively, a matrix can be established indicating whether eachspecific type of land use is compatible with each compatibility zone. To be useful, the land use categories need to bemore detailed than typically provided by general plan or zoning ordinance land use designations.In most circumstances in which an accident involving a small aircraft occurs near an airport, the aircraft is under pilotcontrol as it descends. When forced to make an off-airport emergency landing, pilots will usually attempt to do so inthe most readily available open areas. To enhance safety both for people on the ground and the occupants of theaircraft, airport compatibility plans often contain criteria requiring a certain amount of open land near airports. Thesecriteria are most effectively implemented by planning at the general or specific plan level, but may also need to beincluded in a combining district so that they will be applied to development of large parcels. Adequate open areascan often be provided by clustering development on adjacent land.F–3Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 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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4.1 AIRPORT OVERVIEW4.1.1 Airport L
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CHAPTER 4BACKGROUND DATA: BROWN FIE
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CHAPTER 4LowerOtayReservoirECity of
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Brown Field Municipal Airport Land
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Brown Field Municipal Airport Land
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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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Page 261: Appendix CAirport Land UseCompatibi
Page 264 and 265: APPENDIX CAIRPORT LAND USE COMPATIB
Page 293 and 294: Appendix DMethods for Determining C
Page 295 and 296: APPENDIX DMETHODS FOR DETERMINING C
Page 303: Appendix EGeneral Plan Consistency
Page 306 and 307: APPENDIX EGENERAL PLAN CONSISTENCY
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Page 311: Appendix FSample Implementation Doc
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Page 319: Appendix GOn-Line Implementation To
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Page 325 and 326: Appendix HGlossary of TermsIn addit
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Page 331 and 332: APPENDIX HGLOSSARY OF TERMSVisual F
Page 333: Appendix ICorrespondence with theDi
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