Section 21669.5 Of Article 3. Regulation Of Airports From California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 4. >> Article 3.
21669.5
. (a) For purposes of this section, the following terms have
the following meanings:
(1) (A) "Avigation easement" means a less-than-fee-title transfer
of real property rights from the property owner that may convey to an
owner or operator of an airport any or all of the following rights:
(i) A right-of-way for the free and unobstructed passage of
aircraft through the airspace over the property at any altitude above
a specified surface.
(ii) A right to subject the property to noise, vibration, fumes,
dust, and fuel particle emissions associated with normal airport
activity.
(iii) A right to prohibit the erection or growth of any structure,
tree, or other object that would enter the acquired airspace.
(iv) A right-of-entry onto the property, with proper advance
notice, for the purpose of removing, marking, or lighting any
structure or other object that enters the acquired airspace.
(v) A right to prohibit electrical interference, glare, misleading
lights, visual impairments, and other hazards to aircraft flight
from being created on the property.
(B) "Avigation easement" includes an easement obtained pursuant to
paragraph (2) of subdivision (a) of Section 21652.
(2) "CNEL" means community noise equivalent level established
pursuant to Chapter 6 (commencing with Section 5000) of Division 2.5
of Title 21 of the California Code of Regulations.
(3) "Noise-sensitive land use" means residential uses, including
detached single-family dwellings, multifamily dwellings, highrise
apartments or condominiums, mobilehomes, public and private
educational facilities, hospitals, convalescent homes, churches,
synagogues, temples, and other places of worship.
(4) "Noise-sensitive project" means a project involving new
construction or reconstruction for a planned noise-sensitive land use
within an airport's 65 decibels CNEL or higher noise contour.
(b) If a political subdivision conditions approval of a
noise-sensitive project upon the grant of an avigation easement to
the owner or operator of an airport, the avigation easement shall be
required to be granted to the owner or operator of the airport prior
to the issuance of the building permit that allows construction or
reconstruction of the noise-sensitive project. The owner or operator
of an airport that is granted an avigation easement as a condition
for approval of a noise-sensitive project pursuant to this
subdivision shall be entitled to immediately record it upon receipt.
(c) An avigation easement granted to the owner or operator of an
airport as a condition for approval of a noise-sensitive project
shall include a termination clause that operates to terminate the
avigation easement if the noise-sensitive project is not built and
the permit or any permit extension authorizing construction or
reconstruction of the noise-sensitive project has expired or has been
revoked.
(d) Within 30 days after expiration or revocation of a permit or
permit extension that authorized construction or reconstruction of a
noise-sensitive project and was conditioned upon the property owner
granting an avigation easement to the owner or operator of an
airport, the political subdivision that had issued the permit shall
notify the owner or operator of the airport of the expiration or
revocation of the permit. Within 90 days after receipt of the notice
from the political subdivision, the owner or operator of the airport
shall record a notice of termination with the county recorder in
which the property is located. Proof of filing of the notice of
termination shall be provided to the political subdivision by the
owner or operator of the airport within 30 days of recordation.
(e) Notwithstanding Sections 6103 and 27383 of the Government
Code, the owner or operator of an airport shall pay all applicable
recording fees prescribed by law for the filing of a notice of
termination pursuant to this section.