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Brown Field Municipal Airport Land Use Compatibility Plan

Brown Field Municipal Airport Land Use Compatibility Plan

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CHAPTER 2AIRPORT LAND USE COMMISSION POLICIES(2) A development agreement has been executed pursuant to California Government Codesection 65866, and remains in effect; or(3) A valid building permit has been issued, substantial work has been performed, andsubstantial liabilities have been incurred in good faith reliance on the permit, pursuant tothe California Supreme Court decision in Avco Community Developers, Inc. v. SouthCoast Regional Com. (1976) 17 Cal.3d 785,791, and its progeny.(i) A proposed modification to an existing land use that will result in an increase inheight, a change of use, or an increase in density or intensity of use that is not insubstantial conformance with the project entitled by the local agency shall be subject tothis <strong>Compatibility</strong> <strong>Plan</strong> (see Policy 2.10.4).(ii) Any proposed reuse or reinitiation of an existing land use, even if thereuse/reinitiation of the existing land use will not modify the previously existing land use,will be subject to this <strong>Compatibility</strong> <strong>Plan</strong> if the previously existing land use has beendiscontinued for more than 24 months.(iii) The determination of whether a project meets the criteria of an “existing landuse” shall be made by the local agency and the ALUC.(b) A new occupancy is proposed within an existing building, provided the new occupancyremains within the same or reduced level of occupancy as the most recent one. A newoccupancy which increases intensity shall not qualify as an existing land use.2.2.19 Floor Area Ratio (FAR): For this <strong>Compatibility</strong> <strong>Plan</strong>, this term means the gross building squarefootage (excluding parking garages) divided by the entire site’s square footage (site area).2.2.20 General <strong>Plan</strong>: For this <strong>Compatibility</strong> <strong>Plan</strong>, this term means any general plan, community plan, orspecific plan, zoning ordinance, building regulation, land use policy document, or implementingordinance or any change thereto, and any amendment thereto (see Pub. Util. Code §21676 andPolicy 2.9).2.2.21 Handbook: The California <strong>Airport</strong> <strong>Land</strong> <strong>Use</strong> <strong>Plan</strong>ning Handbook, published by the Division ofAeronautics (January 2002).2.2.22 High Terrain Zone: Areas of land in the vicinity of an airport where the ground lies above a Part77 surface. In addition, any location where the ground level reaches to within 100 feet of aninstrument approach or departure surface defined by TERPS.2.2.23 Infill: Development of vacant or underutilized land within established communities orneighborhoods that is: (a) already served with streets, water, sewer, and other infrastructure; and(b) comprised of existing land uses inconsistent with the compatibility criteria in this2–4<strong>Brown</strong> <strong>Field</strong> <strong>Municipal</strong> <strong>Airport</strong> <strong>Land</strong> <strong>Use</strong> <strong>Compatibility</strong> <strong>Plan</strong>January 25, 2010 Amended December 20, 2010

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