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B f FactorssEvaluatedfinfALUCPst <br /> 9.A. - Page 144 <br /> state and regional planning agencies, or to analyze the capacity of the housing unit(such as <br /> number of bedrooms). <br /> The applicability of noise criteria may also be different for mixed use. While mixed-use <br /> residential development is typically"attached"and thus afforded a certain level of protection <br /> from higher noise levels,there is also an assumption that residents of urban mixed-use <br /> development will have more tolerance for higher noise levels. <br /> Reconstructionw <br /> Reconstruction of existing nonconforming land uses destroyed by fire or other calamity can be <br /> treated in a manner similar to infill development. That is, areas where it is acceptable should be <br /> defined and appropriate conditions should be set. The conditions—such as limitations on the <br /> extent of destruction that can be rebuilt or time within which reconstruction must occur—could <br /> be based upon those followed by local agencies in their own plans and zoning. Policies also <br /> should indicate whether a reconstructed building must be limited to the same size and usage <br /> intensity as the original or can be slightly greater. Lastly, different policies on reconstruction may <br /> be appropriate for residential versus nonresidential land uses.Notably, state law allows for the <br /> reconstruction of multi-family dwellings involuntarily damaged or destroyed by fire or other <br /> catastrophic event(Government Code Section 65852.25). This right does not extend to situations <br /> where the health, safety,or general welfare of the neighborhood would be harmed(which could <br /> certainly be the case in certain airport compatibility zones). <br /> Conditional Compatibility <br /> Under certain circumstances—such as with infill development as discussed above—ALUCs may <br /> find that a proposed land use is potentially consistent,but only under certain conditions. Two <br /> important examples where such conditions may be required prior to implementation of a project <br /> are avigation easement dedication and acoustical treatment of structures. <br /> AvigationnEasement■Dedicationv <br /> As with any type of easement on real property, avigation easements convey certain enumerated <br /> property rights from the property owner to the holder of the easement. In this case,the easement <br /> holder is usually the airport owner. Easements continue in place as the underlying property is <br /> bought and sold(they"run with the land"). Moreover,their existence is documented during the <br /> title search conducted at the time of a property transfer. As commonly applied in the aviation <br /> industry, avigation easements convey the set of property rights listed in the sidebar below. <br /> Easements which establish only the first two of these rights,but do not restrict the height of <br /> objects, are often referred to as overflight easements. <br /> SanfCarlosfAirportV B-21 ESAfAirportsfi130753f <br /> ALUCPf W hitef Pape/ Junef2014f <br />