21670.1
. (a) Notwithstanding any other provision of this article,
if the board of supervisors and the city selection committee of
mayors in the county each makes a determination by a majority vote
that proper land use planning can be accomplished through the actions
of an appropriately designated body, then the body so designated
shall assume the planning responsibilities of an airport land use
commission as provided for in this article, and a commission need not
be formed in that county.
(b) A body designated pursuant to subdivision (a) that does not
include among its membership at least two members having expertise in
aviation, as defined in subdivision (e) of Section 21670, shall,
when acting in the capacity of an airport land use commission, be
augmented so that body, as augmented, will have at least two members
having that expertise. The commission shall be constituted pursuant
to this section on and after March 1, 1988.
(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision
(b) of Section 21670, if the board of supervisors of a county and
each affected city in that county each makes a determination that
proper land use planning pursuant to this article can be accomplished
pursuant to this subdivision, then a commission need not be formed
in that county.
(2) If the board of supervisors of a county and each affected city
makes a determination that proper land use planning may be
accomplished and a commission is not formed pursuant to paragraph
(1), that county and the appropriate affected cities having
jurisdiction over an airport, subject to the review and approval by
the Division of Aeronautics of the department, shall do all of the
following:
(A) Adopt processes for the preparation, adoption, and amendment
of the airport land use compatibility plan for each airport that is
served by a scheduled airline or operated for the benefit of the
general public.
(B) Adopt processes for the notification of the general public,
landowners, interested groups, and other public agencies regarding
the preparation, adoption, and amendment of the airport land use
compatibility plans.
(C) Adopt processes for the mediation of disputes arising from the
preparation, adoption, and amendment of the airport land use
compatibility plans.
(D) Adopt processes for the amendment of general and specific
plans to be consistent with the airport land use compatibility plans.
(E) Designate the agency that shall be responsible for the
preparation, adoption, and amendment of each airport land use
compatibility plan.
(3) The Division of Aeronautics of the department shall review the
processes adopted pursuant to paragraph (2), and shall approve the
processes if the division determines that the processes are
consistent with the procedure required by this article and will do
all of the following:
(A) Result in the preparation, adoption, and implementation of
plans within a reasonable amount of time.
(B) Rely on the height, use, noise, safety, and density criteria
that are compatible with airport operations, as established by this
article, and referred to as the Airport Land Use Planning Handbook,
published by the division, and any applicable federal aviation
regulations, including, but not limited to, Part 77 (commencing with
Section 77.1) of Title 14 of the Code of Federal Regulations.
(C) Provide adequate opportunities for notice to, review of, and
comment by the general public, landowners, interested groups, and
other public agencies.
(4) If the county does not comply with the requirements of
paragraph (2) within 120 days, then the airport land use
compatibility plan and amendments shall not be considered adopted
pursuant to this article and a commission shall be established within
90 days of the determination of noncompliance by the division and an
airport land use compatibility plan shall be adopted pursuant to
this article within 90 days of the establishment of the commission.
(d) A commission need not be formed in a county that has
contracted for the preparation of airport land use compatibility
plans with the Division of Aeronautics under the California Aid to
Airports Program (Chapter 4 (commencing with Section 4050) of Title
21 of the California Code of Regulations), Project Ker-VAR 90-1, and
that submits all of the following information to the Division of
Aeronautics for review and comment that the county and the cities
affected by the airports within the county, as defined by the airport
land use compatibility plans:
(1) Agree to adopt and implement the airport land use
compatibility plans that have been developed under contract.
(2) Incorporated the height, use, noise, safety, and density
criteria that are compatible with airport operations as established
by this article, and referred to as the Airport Land Use Planning
Handbook, published by the division, and any applicable federal
aviation regulations, including, but not limited to, Part 77
(commencing with Section 77.1) of Title 14 of the Code of Federal
Regulations, as part of the general and specific plans for the county
and for each affected city.
(3) If the county does not comply with this subdivision on or
before May 1, 1995, then a commission shall be established in
accordance with this article.
(e) (1) A commission need not be formed in a county if all of the
following conditions are met:
(A) The county has only one public use airport that is owned by a
city.
(B) (i) The county and the affected city adopt the elements in
paragraph (2) of subdivision (d), as part of their general and
specific plans for the county and the affected city.
(ii) The general and specific plans shall be submitted, upon
adoption, to the Division of Aeronautics. If the county and the
affected city do not submit the elements specified in paragraph (2)
of subdivision (d), on or before May 1, 1996, then a commission shall
be established in accordance with this article.