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HomeMy WebLinkAboutOrd 1289-2001IN! THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO ORDINANCE NO. 1289-2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO REGARDING REAL ESTATE TRANSFER DISCLOSURE OF AIRPORT NOISE WHEREAS, the City Council of the City of South San Francisco does ORDAIN as follows: Section 1 The S~)uth San Francisco Municipal Code is hereby amended by adding Title 15, Chapter 15.58 to read as follows: £ Section 15.5 (a) (b) Section 15.5~ (a) :hapter 15.58. Real Estate Transfer Disclosure Regarding Airport Noise 8.020 On or after the effective date of this ordinance, any seller of a single or multi- family residential dwelling located in the City of South San Francisco shall be required to make the disclosures set out in this Chapter to the prospective purchaser as soon as practicable before transfer of title. The required disclosures shall be made on a copy of the Local Option Real Estate Transfer Disclosure Statement Form set out in Civil Code § 1102.6a, to which may be attached a copy of this ordinance as a disclosure required by a public agency pursuant to Civil Code §§ 1102.4(b) and 1102.4(c). k030 General Disclosure. For property located in the City of South San Francisco, the following information is required to be disclosed in connection with sales of residential property: (1) San Francisco International Airport is within 3.75 miles of all residential property in South San Francisco. (2) San Francisco International Airport is the fifth largest airport by volume in the United States and the seventh largest by volume in the world. Section 15.5 (3) The property is subject to noise from aircraft overflight. 8.040 Special Disclosure for Residential Property Within the 65 CNEL Noise Footprint. (a) For property located within the Aircraft Noise Footprint based upon the FAA 1983 CNEL Noise Exposure Map set forth in Appendix A hereto, the following additional disclosures shall be made in connection with sales of residential dwellings: (1) The subject property is located within the Aircraft Noise Footprint of the FAA 1983 CNEL Noise Exposure Map for South San Francisco, California. (2) If the subject property was constructed after January 1, 1993 or is reconstructed or renovated in the future at a cost equal to 25% or more of the current market value of the home, it must be insulated against aircraft noise to meet FAA noise insulation program standards. Section 2. P1 JBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or iagainst it, in the San Mateo Times, a newspaper of general circulation in the City of South San Fr~mcisco, as required by law, and shall become effective thirty (30) days from and after its adoption. Section 3. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Introduced at the regular meeting of the City Council of the City of South San Francisco, held on the 25th day of April, 2001. Adop~ City Council AYES: NOES: ABSTAIN: ABSENT: :ed as an Ordinance of the City of South San Francisco at a regular meeting of the held on the 23rd day of May, 2001 by the following vote: Councilmembers Pedro Gonzalez, Karyl Matsumoto and John R. Penna, Mayor Pro Tem Eugene R. Mullin and Mayor Joseph A. Femekes None. None. ATTEST: /./.~.~l~ ~, ~,~j City Clerk None. As Mgyor of the City of South San Francisco, I do hereby approve the foregoing Ordinance thils 23rd day of May, 2001. Mayor .F:\WPD~VINRSW~40~001\ORD~2001kAirport Noise Disclosure 416.doc