Section 21676.5 Of Article 3.5. Airport Land Use Commission From California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 4. >> Article 3.5.
21676.5
. (a) If the commission finds that a local agency has not
revised its general plan or specific plan or overruled the commission
by a two-thirds vote of its governing body after making specific
findings that the proposed action is consistent with the purposes of
this article as stated in Section 21670, the commission may require
that the local agency submit all subsequent actions, regulations, and
permits to the commission for review until its general plan or
specific plan is revised or the specific findings are made. If, in
the determination of the commission, an action, regulation, or permit
of the local agency is inconsistent with the airport land use
compatibility plan, the local agency shall be notified and that local
agency shall hold a hearing to reconsider its plan. 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 as 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 decision
to overrule the commission, which may only be adopted by a two-thirds
vote of the governing body.
(b) Whenever the local agency has revised its general plan or
specific plan or has overruled the commission pursuant to subdivision
(a), the proposed action of the local agency shall not be subject to
further commission review, unless the commission and the local
agency agree that individual projects shall be reviewed by the
commission.