Section 21675.2 Of Article 3.5. Airport Land Use Commission From California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 4. >> Article 3.5.
21675.2
. (a) If a commission fails to act to approve or disapprove
any actions, regulations, or permits within 60 days of receiving the
request pursuant to Section 21675.1, the applicant or his or her
representative may file an action pursuant to Section 1094.5 of the
Code of Civil Procedure to compel the commission to act, and the
court shall give the proceedings preference over all other actions or
proceedings, except previously filed pending matters of the same
character.
(b) The action, regulation, or permit shall be deemed approved
only if the public notice required by this subdivision has occurred.
If the applicant has provided seven days advance notice to the
commission of the intent to provide public notice pursuant to this
subdivision, then, not earlier than the date of the expiration of the
time limit established by Section 21675.1, an applicant may provide
the required public notice. If the applicant chooses to provide
public notice, that notice shall include a description of the
proposed action, regulation, or permit substantially similar to the
descriptions which are commonly used in public notices by the
commission, the location of any proposed development, the application
number, the name and address of the commission, and a statement that
the action, regulation, or permit shall be deemed approved if the
commission has not acted within 60 days. If the applicant has
provided the public notice specified in this subdivision, the time
limit for action by the commission shall be extended to 60 days after
the public notice is provided. If the applicant provides notice
pursuant to this section, the commission shall refund to the
applicant any fees which were collected for providing notice and
which were not used for that purpose.
(c) Failure of an applicant to submit complete or adequate
information pursuant to Sections 65943 to 65946, inclusive, of the
Government Code, may constitute grounds for disapproval of actions,
regulations, or permits.
(d) Nothing in this section diminishes the commission's legal
responsibility to provide, where applicable, public notice and
hearing before acting on an action, regulation, or permit.