Section 21675.1 Of Article 3.5. Airport Land Use Commission From California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 4. >> Article 3.5.
21675.1
. (a) By June 30, 1991, each commission shall adopt the
airport land use compatibility plan required pursuant to Section
21675, except that any county that has undertaken by contract or
otherwise completed airport land use compatibility plans for at least
one-half of all public use airports in the county, shall adopt that
airport land use compatibility plan on or before June 30, 1992.
(b) Until a commission adopts an airport land use compatibility
plan, a city or county shall first submit all actions, regulations,
and permits within the vicinity of a public airport to the commission
for review and approval. Before the commission approves or
disapproves any actions, regulations, or permits, the commission
shall give public notice in the same manner as the city or county is
required to give for those actions, regulations, or permits. As used
in this section, "vicinity" means land that will be included or
reasonably could be included within the airport land use
compatibility plan. If the commission has not designated an airport
influence area for the airport land use compatibility plan, then
"vicinity" means land within two miles of the boundary of a public
airport.
(c) The commission may approve an action, regulation, or permit if
it finds, based on substantial evidence in the record, all of the
following:
(1) The commission is making substantial progress toward the
completion of the airport land use compatibility plan.
(2) There is a reasonable probability that the action, regulation,
or permit will be consistent with the airport land use compatibility
plan being prepared by the commission.
(3) There is little or no probability of substantial detriment to
or interference with the future adopted airport land use
compatibility plan if the action, regulation, or permit is ultimately
inconsistent with the airport land use compatibility plan.
(d) If the commission disapproves an action, regulation, or
permit, the commission shall notify the city or county. The city or
county may overrule the commission, by a two-thirds vote of its
governing body, if it makes specific findings that the proposed
action, regulation, or permit is consistent with the purposes of this
article, as stated in Section 21670.
(e) If a city or county overrules the commission pursuant to
subdivision (d), that action shall not relieve the city or county
from further compliance with this article after the commission adopts
the airport land use compatibility plan.
(f) If a city or county overrules the commission pursuant to
subdivision (d) with respect to a publicly owned airport that the
city or county does not operate, the operator of the airport is not
liable for damages to property or personal injury resulting from the
city's or county's decision to proceed with the action, regulation,
or permit.
(g) A commission may adopt rules and regulations that exempt any
ministerial permit for single-family dwellings from the requirements
of subdivision (b) if it makes the findings required pursuant to
subdivision (c) for the proposed rules and regulations, except that
the rules and regulations may not exempt either of the following:
(1) More than two single-family dwellings by the same applicant
within a subdivision prior to June 30, 1991.
(2) Single-family dwellings in a subdivision where 25 percent or
more of the parcels are undeveloped.