Section 5014 - Incompatible Land Uses Within the Noise Impact BoundaryFor the purpose of determining the size of the noise impact area, the following land uses are incompatible:
(a) Residences, including but not limited to, detached single-family dwellings, multi-family dwellings, high-rise apartments or condominiums, and mobile homes, unless:(1) an avigation easement for aircraft noise has been acquired by the airport proprietor, or(2) the dwelling unit was in existence at the same location prior to January 1, 1989, and has adequate acoustic insulation to ensure an interior CNEL due to aircraft noise of 45 dB or less in all habitable rooms. However, acoustic treatment alone does not convert residences having an exterior CNEL of 75 dB or greater due to aircraft noise to a compatible land use if the residence has an exterior normally cognizable private habitable area such as a backyard, patio, or balcony. Or,(3) the residence is a high rise apartment or condominium having an interior CNEL of 45 dB or less in all habitable rooms due to aircraft noise, and an air circulation or air conditioning system as appropriate, or(4) the airport proprietor has made a genuine effort as determined by the department in accordance with adopted land use compatibility plans and appropriate laws and regulations to acoustically treat residences exposed to an exterior CNEL less than 80 dB (75 dB if the residence has an exterior normally occupiable private habitable area such as a backyard, patio, or balcony) or acquire avigation easements, or both, for the residences involved, but the property owners have refused to take part in the program, or(5) the residence is owned by the airport proprietor.(b) Public and private schools of standard construction for which an avigation easement for noise has not been acquired by the airport proprietor, or that do not have adequate acoustic performance to ensure an interior CNEL of 45 dB or less in all classrooms due to aircraft noise;(c) hospitals and convalescent homes for which an avigation easement for noise has not been acquired by the airport proprietor, or that do not have adequate acoustic performance to provide an interior CNEL of 45 dB or less due to aircraft noise in all rooms used for patient care;(d) churches, synagogues, temples, and other places of worship for which an avigation easement for noise has not been acquired by the airport proprietor, or that do not have adequate acoustic performance to ensure an interior CNEL of 45 dB or less due to aircraft noise.Cal. Code Regs. Tit. 21, § 5014
1. Amendment filed 2-20-90; operative 3-22-90 (Register 90, No. 10). For prior history, see Registers 79, No. 21 and 78, No. 38. Note: Authority cited: Sections 21243 and 21669, Public Utilities Code. Reference: Air Transport Association of America v. Crotti (N.D.Cal 1975) 389 F. Supp. 58.
1. Amendment filed 2-20-90; operative 3-22-90 (Register 90, No. 10). For prior history, see Registers 79, No. 21 and 78, No. 38.