BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1333|
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THIRD READING
Bill No: SB 1333
Author: Yee (D)
Amended: 5/17/10
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 5-0, 4/19/10
AYES: Cox, Aanestad, Kehoe, DeSaulnier, Price
SUBJECT : Airports: avigation easements
SOURCE : California Airports Council
DIGEST : This bill requires an airport to acquire an
avigation easement prior to the issuance of a building
permit that allows for construction of a residential
project within the airport's 65 decibel (dB) or higher
noise boundary, as specified. The easement may be
immediately recorded and must include a termination clause
if the project is cancelled or the building permit is
revoked or expires. This bill also requires the local
government that issued the permit to notify the airport
within 30 days of a permit's expiration, and the airport
would be required to record a notice of termination of the
easement with the county recorder within 90 days of the
notification.
ANALYSIS : The State Department of Transportation must
adopt noise standards governing the operation of aircraft
and aircraft engines based upon the level of noise
acceptable to a reasonable person residing in the vicinity
CONTINUED
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of the airport.
California airport noise regulations:
1. Establish the standard for the acceptable level of
aircraft noise for persons living in the vicinity of
airports to be a community noise equivalent level (CNEL)
of 65 decibels.
2. Deem new development of residential and certain other
land uses within the 65 dB CNEL contour of a
noiseproblem airport to be incompatible unless the
airport obtains an avigation easement for aircraft
noise.
An avigation easment is a type of easement which typically
conveys:
1. A right-of-way for free and unobstructed passage of
aircraft through the airspace over the property at any
altitude above a specified surface.
2. A right to subject the property to noise, vibrations,
fumes, dust, and fuel particle emissions associated with
normal airport activity.
3. A right to prohibit the erection or growth of any
structure, tree, or other object that would enter the
acquired airspace.
4. 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.
5. A right to prohibit electrical interference, glare,
misleading lights, visual impairments, and other hazards
to aircraft flight from being created on the property.
This bill requires avigation easements to be acquired by an
airport prior to the issuance of a building permit for a
"noise-sensitive project," if a local government conditions
the approval of the project on the granting of an avigation
easement to the airport.
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This bill defines "noise-sensitive project" as a project
within an airport's 65 decibels CNEL or higher noise
corridor involving new construction or reconstruction for
residential uses, including detached single-family
dwellings, multifamily dwellings, high-rise apartments or
condominiums, mobilehomes, public and private educational
facilities, hospitals, convalescent homes, churches,
synagogues, temples, and other places of worship.
This bill defines "avigation easement" as 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 specified rights.
This bill states that the owner or operator of an airport
that is granted an avigation easement as a condition for
approval of a noise-sensitive project is entitled to
immediately record the easement upon receipt.
This bill requires that an avigation easement granted to
the owner or operator of an airport as a condition for
approval of a noise-sensitive project must include a
termination clause that terminates the easement if the
project is not built and the permit or any permit extension
authorizing construction of the project expires or is
revoked. The bill requires the political subdivision that
issued a permit to notify the owner or operator of the
airport within 30 days of a permit's expiration or
revocation. The owner or operator of the airport must
record a notice of termination with the county auditor
within 90 days after the receiving notice of a permit's
expiration or revocation from a political subdivision.
Within 30 days of recording the notice of termination, the
owner or operator of the airport must provide the political
subdivision with proof of filing.
This bill authorizes the county recorder to charge a fee
sufficient to cover its recordation costs.
Comments
Pressures to construct housing, schools, or healthcare
facilities near urban airports can sometimes outweigh
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concerns over noise impacts and result in decisions to
allow development where these uses would normally be
incompatible. Some cities have ordinances requiring
property owners to grant avigation easements as a condition
for approval of potentially incompatible development
projects within an airport's noise impact boundary. These
easements are often granted when local officials issue
certificates of occupancy to property owners.
Commercial airport operators say that granting these
easements after completion of a development project can
subordinate the easements to other property rights and may
provide potential property buyers with insufficient
awareness of airport noise effects. They want avigation
easements that are granted as a condition of approval for a
potentially incompatible development project to be granted
earlier in the development process.
To remain in compliance with airport noise regulations, San
Francisco International Airport (SFO) officials have worked
with officials in neighboring cities to address issues
relating to potentially incompatible development projects.
City officials in San Bruno and South San Francisco have
cooperated with SFO by requiring property owners to grant
avigation easements as a condition of approval for some
development projects within SFO's noise impact boundary.
SFO officials believe that these easments' effectiveness in
addressing airport noise issues is affected by when the
easments are granted. By requiring these easements to be
granted before the issuance of a building permit, this bill
ensures that the airport's rights are fully protected and
that potential property buyers are properly notified that
the property is subject to the conditions specified in the
easements.
This bill disclaims the state's responsibility for
providing reimbursement by citing local governments'
authority to charge for the costs of implementing the
bill's provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee analysis:
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Recording mandate potential
reimbursable mandate costs General
Easement termination likely
minor, potentially reimbursable
General
Notice costs
Note: Amendments take in Senate Appropriations Committee
authorize the county recorder to charge a fee
sufficient to cover its recordation costs imposed by
this bill.
SUPPORT : (Verified 5/18/10)
California Airports Council (source)
San Francisco International Airport
AGB:do 5/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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