Section 21679 Of Article 3.5. Airport Land Use Commission From California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 4. >> Article 3.5.
21679
. (a) In any county in which there is no airport land use
commission or other body designated to assume the responsibilities of
an airport land use commission, or in which the commission or other
designated body has not adopted an airport land use compatibility
plan, an interested party may initiate proceedings in a court of
competent jurisdiction to postpone the effective date of a zoning
change, a zoning variance, the issuance of a permit, or the adoption
of a regulation by a local agency, that directly affects the use of
land within one mile of the boundary of a public airport within the
county.
(b) The court may issue an injunction that postpones the effective
date of the zoning change, zoning variance, permit, or regulation
until the governing body of the local agency that took the action
does one of the following:
(1) In the case of an action that is a legislative act, adopts a
resolution declaring that the proposed action is consistent with the
purposes of this article stated in Section 21670.
(2) In the case of an action that is not a legislative act, adopts
a resolution making findings based on substantial evidence in the
record that the proposed action is consistent with the purposes of
this article stated in Section 21670.
(3) Rescinds the action.
(4) Amends its action to make it consistent with the purposes of
this article stated in Section 21670, and complies with either
paragraph (1) or (2), whichever is applicable.
(c) The court shall not issue an injunction pursuant to
subdivision (b) if the local agency that took the action demonstrates
that the general plan and any applicable specific plan of the agency
accomplishes the purposes of an airport land use compatibility plan
as provided in Section 21675.
(d) An action brought pursuant to subdivision (a) shall be
commenced within 30 days of the decision or within the appropriate
time periods set by Section 21167 of the Public Resources Code,
whichever is longer.
(e) If the governing body of the local agency adopts a resolution
pursuant to subdivision (b) with respect to a publicly owned airport
that the local agency does not operate, the operator of the airport
shall be immune from liability for damages to property or personal
injury from the local agency's decision to proceed with the zoning
change, zoning variance, permit, or regulation.
(f) As used in this section, "interested party" means any owner of
land within two miles of the boundary of the airport or any
organization with a demonstrated interest in airport safety and
efficiency.