Hawthorne Municipal Code Ch. 17 05e. AIRPORT OVERLAY

§ 17.05e.010. Purpose.

The purpose and intent of the airport overlay (AO) is to:

A. Implement the Hawthorne Airport Master Plan (AMP) and Noise Compatibility Program (NCP) for the Hawthorne Municipal Airport as approved by the Federal Aviation Administration (FAA).

B. Implement the City's General Plan to ensure that proposed land uses and development within the AO are consistent with the NCP.

C. Prohibit the introduction of new noise-sensitive uses that are incompatible with existing and future Airport operations.

D. Ensure that the Airport remains a vital economic asset for the City of Hawthorne.

E. Require noise attenuated construction within the Airport environs.

F. Comply with 14 CFR Part 150.

(Ord. 2157 § 5, 2018; Ord. 2263, 6/23/2026[1])

[1]

Editor's Note: This chapter was renumbered from Ch. 17.22C.

§ 17.05e.020. Definitions.

For the purposes of this chapter, the following terms are defined:

Airport influence area.

See "Airport overlay (AO)."

"Airport overlay (AO)"

means an irregularly shaped area depicted on the official Zoning Map that denotes an area influenced by the presence of the Airport and within its 2012 60 and 65 CNEL noise contours. The AO is divided into the following two areas:

AO Area #1 follows the property borders that contain the boundaries of the 2012 65 CNEL noise contours for the Airport, as shown on the General Plan Map and the approved NCP.

AO Area #2 follows the property borders that contain the boundaries of the 2012 60 CNEL noise contours for the Airport as shown on the General Plan Map and the approved NCP.

"Existing land use"

means a land use that either physically exists or else for which government approvals have been obtained through one or more of the following:

A valid building permit has been issued;

A legally valid development agreement has been approved and remains in effect pursuant to California Government Code Section 65864 et seq.;

A tentative map has been approved and has not expired;

A vesting tentative map has been approved, pursuant to California Government Code Section 66498.1(b) which "confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved"; or

A final map has been recorded.

"Noise compatibility program (NCP)"

means a report prepared for the Airport and approved by the FAA to comply with 14 CFR Part 150. The NCP describes the non-compatible land uses around the Airport based upon federal regulations, addresses measures to reduce the impact of noise, and prevents the introduction of new noise-sensitive uses within the 65 CNEL noise contour of the Airport.

"Noise-sensitive use"

means any of the following:

Habitable living, eating, cooking, or sleeping areas of single-family or multifamily residences, not including enclosed garages/parking structures and unenclosed patios;

Hotels and motels;

Hospitals and nursing homes;

Assembly uses, meeting halls, and mortuaries; and

Schools, libraries, and museums.

(Ord. 2157 § 5, 2018; Ord. 2263, 6/23/2026)

§ 17.05e.030. Applicability.

The provisions of this chapter shall apply to all lands located within the AO, as mapped on the official Zoning Map. The requirements vary depending upon the location of the property as noted below in Section 17.05e.050 (Development standards).

(Ord. 2157 § 5, 2018; Ord. 2263, 6/23/2026)

§ 17.05e.040. Permitted and prohibited uses.

As permitted, conditionally permitted, or prohibited by the underlying zoning designation unless otherwise stated in this chapter.

(Ord. 2157 § 5, 2018; Ord. 2263, 6/23/2026)

§ 17.05e.050. Development standards.

Projects subject to compliance with this chapter shall comply with the applicable standards of the AO Area in which the subject property is located, as follows.

A. AO Area #1. The following provisions shall apply within AO Area #1:

1. Interior Noise Standard. Any structure inhabited or used by a noise-sensitive use, as defined in this chapter, shall be required to provide sound insulation within the newly constructed area to meet an interior noise level of 45 dB CNEL or less with all doors and windows closed, consistent with California Code of Regulations Title 24. This provision applies to any new structure, new square footage, and replacement of existing habitable building area used by a noise-sensitive use.

2. Real Estate Disclosure. The presence of the Airport and potential impacts related to the Airport shall be disclosed by the seller at the time that a sales contract is executed for all real property transactions per the State of California Disclosure Law [California Civil Code Sections 1353(a)(1) and 1103.4]. The disclosure must state that the property is located within the vicinity of the Airport and may be subject to some of the annoyances and inconveniences associated with airport operations, such as noise, vibration, or odors.

3. New Noise-Sensitive Uses. New noise-sensitive land uses shall not be introduced within AOZ Area #1. This applies to the introduction of new land uses other than an existing land use, as defined in this chapter, and does not apply to the replacement, reconstruction, improvement, or expansion of an existing noise-sensitive land use.

B. AO Area #2. The following provisions shall apply within AO Area #2:

1. Real Estate Disclosure. The presence of the Airport and potential impacts related to the Airport shall be disclosed by the seller at the time that a sales contract is executed for all real property transactions per the State of California Disclosure Law [California Civil Code Sections 4250(a) and 1103.4]. The disclosure must state that the property is located within the vicinity of the Airport and may be subject to some of the annoyances and inconveniences associated with airport operations, such as noise, vibration, or odors.

(Ord. 2157 § 5, 2018; Ord. 2263, 6/23/2026)

§ 17.05e.060. Procedures.

Ministerial and discretionary actions for development in the AO shall be reviewed by the City for compliance with the provisions of this chapter and the NCP prior to approval as follows:

A. Supplemental Application Form. A supplemental application, on a form prepared by the City of Hawthorne, shall be submitted with any application for a discretionary permit or building permit on property located in the AO. The supplemental application form shall be used to verify that the proposed building permit or change of use complies with the provisions of this chapter. The Director shall have the authority to waive the requirement where it can be determined with certainty that there is no question that the alterations to the property will not conflict with the standards of this chapter (e.g., wall sign, reroof, new windows, interior improvements, and landscaping).

1. Application Submittal Requirements.

a. Type of land use.

b. Applicable underlying zoning designation.

c. Applicable AO Area (Area #1 or Area #2).

d. Complete building or discretionary permit application including information deemed sufficient by the Department of Building Safety to show that the project complies with the interior noise provisions of this chapter, if applicable.

B. Compliance with the AO project review checklist.

C. If, during the course of review, the City identifies potential airport related concerns, the Director has the authority to require that the project be referred to the Airport Zoning Commission for review.

(Ord. 2157 § 5, 2018; Ord. 2263, 6/23/2026)