§ 20.265

The purpose of this chapter is to properly regulate land use and building design within the Airport Influence Area defined in the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. Prohibition of incompatible land uses in this area is critical for the proper function of the airport and the health, safety, and welfare of the San Marcos community.

The provisions of this chapter shall be applicable to all real property and the establishment, renewal, and expansion of all land uses within the Airport Influence Area. Figure 20.265-2 establishes the Airport Influence Area consistent with the Airport Land Use Compatibility Plan for McClellan-Palomar Airport. The provisions of this chapter shall prevail in all cases where regulatory conflicts exist between this chapter and any other chapter of this Zoning Ordinance.

The following regulations shall apply to all land uses, new structures, and additions to existing structures that increase the height of the structure within the Airport Influence Area, in addition to all regulations of the applicable Zone.

A.

Site Development Plan Review. All permits, including building permits, for land uses and structures within the Airport Influence Area shall be subject to Site Development Plan Review, consistent with the provisions of Chapter 20.515 (Site Development Plan Review). All proposed projects and building permits shall be reviewed during Site Development Plan Review for compliance with the following:

1.

Federal Aviation Administration (FAA) requirements concerning the height of structures.

2.

Safety standards identified in Part 77 of FAA's regulations. If any structures or appurtenances are permitted to penetrate the transitional surface (defined by FAA as a seven to one [7:1] slope extending from the end of the runway primary surface), obstruction lighting shall be required.

3.

The applicant shall be required to file a Notice of Proposed Construction or Alteration with FAA pursuant to Part 77 of the Federal Aviation Regulations (14 Code of Federal Regulations Part 77). No building permit shall be issued for any structure subject to this section until the building permit applicant submits to the Director proof of submission of the Notice of Proposed Construction or Alteration and copies of all documentation received from FAA in response to such notice, including the determination and any final decision of FAA as to whether the proposed structure would be an obstruction or hazard to air navigation.

B.

Real Estate Disclosure. Newly subdivided lands, new residential developments, condominium conversions, and the sale of existing residential property within the Airport Overlay Zone shall require a real estate disclosure consistent with Figure 20.265-1.

C.

Overflight Notification Document. Developers of new residential projects within the Airport Overlay Zone shall write an overflight notification document as a condition of development approval. The overflight notification document include a disclosure consistent with Figure 20.265-1.

Figure 20.265-2

Airport Overlay Zone Map

NOTICE OF AIRPORT IN VICINITY: This property is located in the vicinity of an airport, within what is known as an Airport Influence Area. For this reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example, noise, vibration, and odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with this property, and determine whether they are acceptable to you, before you complete your purchase.

Figure 20.265-2 Airport Overlay Zone Map

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CHAPTER 20.300 - SITE PLANNING AND GENERAL DEVELOPMENT STANDARDS