Section 21666 Of Article 3. Regulation Of Airports From California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 4. >> Article 3.
21666
. The department shall issue a permit if it is satisfied that
all of the following requirements have been met:
(a) The site meets or exceeds the minimum airport standards
specified by the department in its rules and regulations, provided,
however, that the department may modify its minimum airport standards
when issuing a permit if it is satisfied that the airport will
conform to minimum standards of safety.
(b) Safe air traffic patterns have been established for the
proposed airport and for all existing airports and approved airport
sites in its vicinity.
(c) The zone of approach of the airport has been engineered in
conformity with the provisions of Section 21403, the documents
relating thereto are available for public inspection.
(d) The department when issuing a permit may impose reasonable
conditions which it deems necessary to effectuate the purposes of
this article.
(e) The advantages to the public in selection of the site of a
proposed new airport outweigh the disadvantages to the environment
or, in the case of an amended permit, the advantages to the public of
the proposed airport expansion outweigh the disadvantages to the
environment. Environmental considerations include but are not limited
to noise, air pollution, and the burden upon the surrounding area
caused by the airport or airport expansion, including but not limited
to, surface traffic and expense. The standards by which noise
considerations are weighed shall be the level of noise acceptable to
a reasonable person residing in the vicinity of the airport. The
regulations adopted by the department pursuant to Section 21669 may
be considered in determining such level of noise.
Each permit issued by the department shall set forth any
conditions imposed thereon, and any modification of the general
minimum airport standards prescribed by the department relative to
such airport or airport site.
The department may refuse to issue a permit under this article if
it determines that the requirements of this section have not been
met. Any person denied a permit shall, upon request, be granted a
hearing by the department to determine whether the permit should be
issued.