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B PCompatibilitIFactorsf EvaluatedtinnALUCPst <br /> 9.A. - Page 141 <br /> (B) For purposes of this section, an "airport influence area," also known as an <br /> "airport referral area," is the area in which current or future airport-related noise, <br /> overflight, safety, or airspace protection factors may significantly affect land uses <br /> or necessitate restrictions on those uses as determined by an airport land use <br /> commission." <br /> (See also Civil Code, Sections 1102.6, 1103.4, and 1353.) <br /> California real estate law also requires that sellers of real property disclose"any fact materially <br /> affecting the value and desirability of the property"(Civil Code, Section 1102.1(a)). While this <br /> general requirement leaves to the property seller the decision as to whether airport-related <br /> information constitutes a fact warranting disclosure, other sections of state disclosure law <br /> specifically mention airports. Specifically, Civil Code Section 1102.17 states: "The seller of <br /> residential real property subject to this article who has actual knowledge that the property is <br /> affected by or zoned to allow industrial use described in Section 731a of the Code of Civil <br /> Procedure shall give written notice of that knowledge as soon as practicable before transfer of <br /> title." Section 731a of the Code of Civil Procedure specifies: <br /> "Whenever any city, city and county, or county shall have established zones or districts under <br /> authority of law wherein certain manufacturing or commercial or airport uses are expressly <br /> permitted, except in an action to abate a public nuisance brought in the name of the people of the <br /> State of California,no person or persons, firm or corporation shall be enjoined or restrained by <br /> the injunctive process from reasonable and necessary operation in any such industrial or <br /> commercial zone or airport of any use expressly permitted therein,nor shall such use be deemed <br /> a nuisance without evidence of the employment of unnecessary and injurious methods of <br /> operation...." <br /> It is interpreted that these sections of law establish a requirement for disclosure of information <br /> regarding the effects of airports on nearby property provided that the seller has "actual <br /> knowledge"of such effects. ALUCs have particular expertise in defining where airports have <br /> effects on surrounding lands. ALUCs thus can give authority to this disclosure requirement by <br /> establishing a policy indicating the geographic boundaries of the lands deemed to be affected by <br /> airport activity. In most cases,this boundary will coincide with the ALUC's planning boundary <br /> for an airport. Furthermore,ALUCs and local jurisdictions should disseminate information <br /> regarding their disclosure policy and its significance by formally mailing copies to local real <br /> estate brokers and title companies. Having received this information,the brokers would be <br /> obligated to tell sellers that the facts should be disclosed to prospective buyers. <br /> SanfCarlosfAirportV B-18 ESAfAirportsf/130753f <br /> ALUCPf W hitef Pape/ Junef2014f <br />