Chapter 10.40
MANDATORY REAL ESTATE TRANSFER DISCLOSURE REGARDING AIRPORT NOISE

Sections:

10.40.010    Application – Procedure.

10.40.020    General disclosures.

10.40.030    Special disclosures for property within the 65 CNEL Noise Footprint.

10.40.010 Application – Procedure.

A.    On or after the effective date of the ordinance codified in this chapter, any seller of a single or multifamily residential dwelling located in the city of Millbrae shall be required to make the disclosures set out in this chapter to the prospective purchaser as soon as practicable before transfer of title.

B.    The required disclosures shall be made on a copy of the Local Option Real Estate Transfer Disclosure Statement Form set forth in Civil Code Section 1102.6a, to which may be attached a copy of the ordinance codified in this chapter as a disclosure required by a public agency pursuant to Civil Code Sections 1102.4(b) and 1102.4(c). (Ord. 667, § 1; 1976 Code § 10-8.01).

10.40.020 General disclosures.

A.    For property located in the city of Millbrae, the following information is required to be disclosed in connection with sales of residential dwellings:

1.    The city of Millbrae is immediately adjacent to the San Francisco International Airport.

2.    The San Francisco International Airport is the fifth largest airport by volume in the United States and the seventh largest by volume in the world.

3.    The property is subject to noise from aircraft. (Ord. 667, § 1; 1976 Code § 10-8.02).

10.40.030 Special disclosures for property within the 65 CNEL Noise Footprint.

A.    For property located within the 65 CNEL Aircraft Noise Footprint based upon the Federal Aviation Administration (“FAA”) 1983 CNEL Noise Exposure Map set forth in Appendix A hereto, the following disclosures shall be made in connection with sales of residential dwellings:

1.    The property is located within the 65 CNEL Aircraft Noise Footprint of the 1983 FAA CNEL Noise Exposure Map for Millbrae, California.

2.    If the property is constructed after January 1, 1983, or is renovated at a cost equal to twenty-five percent or more of the current market value of the home, it must be insulated against aircraft noise to meet FAA noise insulation program standards. (Ord. 667, § 1; 1976 Code § 10-8.03).