Section 21676 Of Article 3.5. Airport Land Use Commission From California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 4. >> Article 3.5.
21676
. (a) Each local agency whose general plan includes areas
covered by an airport land use compatibility plan shall, by July 1,
1983, submit a copy of its plan or specific plans to the airport land
use commission. The commission shall determine by August 31, 1983,
whether the plan or plans are consistent or inconsistent with the
airport land use compatibility plan. If the plan or plans are
inconsistent with the airport land use compatibility plan, the local
agency shall be notified and that local agency shall have another
hearing to reconsider its airport land use compatibility plans. The
local agency may propose to overrule the commission after the hearing
by a two-thirds vote of its governing body if it makes specific
findings that the proposed action is consistent with the purposes of
this article stated in Section 21670. At least 45 days prior to the
decision to overrule the commission, the local agency governing body
shall provide the commission and the division a copy of the proposed
decision and findings. The commission and the division may provide
comments to the local agency governing body within 30 days of
receiving the proposed decision and findings. If the commission or
the division's comments are not available within this time limit, the
local agency governing body may act without them. The comments by
the division or the commission are advisory to the local agency
governing body. The local agency governing body shall include
comments from the commission and the division in the final record of
any final decision to overrule the commission, which may only be
adopted by a two-thirds vote of the governing body.
(b) Prior to the amendment of a general plan or specific plan, or
the adoption or approval of a zoning ordinance or building regulation
within the planning boundary established by the airport land use
commission pursuant to Section 21675, the local agency shall first
refer the proposed action to the commission. If the commission
determines that the proposed action is inconsistent with the
commission's plan, the referring agency shall be notified. The local
agency may, after a public hearing, propose to overrule the
commission by a two-thirds vote of its governing body if it makes
specific findings that the proposed action is consistent with the
purposes of this article stated in Section 21670. At least 45 days
prior to the decision to overrule the commission, the local agency
governing body shall provide the commission and the division a copy
of the proposed decision and findings. The commission and the
division may provide comments to the local agency governing body
within 30 days of receiving the proposed decision and findings. If
the commission or the division's comments are not available within
this time limit, the local agency governing body may act without
them. The comments by the division or the commission are advisory to
the local agency governing body. The local agency governing body
shall include comments from the commission and the division in the
public record of any final decision to overrule the commission, which
may only be adopted by a two-thirds vote of the governing body.
(c) Each public agency owning any airport within the boundaries of
an airport land use compatibility plan shall, prior to modification
of its airport master plan, refer any proposed change to the airport
land use commission. If the commission determines that the proposed
action is inconsistent with the commission's plan, the referring
agency shall be notified. The public agency may, after a public
hearing, propose to overrule the commission by a two-thirds vote of
its governing body if it makes specific findings that the proposed
action is consistent with the purposes of this article stated in
Section 21670. At least 45 days prior to the decision to overrule the
commission, the public agency governing body shall provide the
commission and the division a copy of the proposed decision and
findings. The commission and the division may provide comments to the
public agency governing body within 30 days of receiving the
proposed decision and findings. If the commission or the division's
comments are not available within this time limit, the public agency
governing body may act without them. The comments by the division or
the commission are advisory to the public agency governing body. The
public agency governing body shall include comments from the
commission and the division in the final decision to overrule the
commission, which may only be adopted by a two-thirds vote of the
governing body.
(d) Each commission determination pursuant to subdivision (b) or
(c) shall be made within 60 days from the date of referral of the
proposed action. If a commission fails to make the determination
within that period, the proposed action shall be deemed consistent
with the airport land use compatibility plan.