Section 21679.5 Of Article 3.5. Airport Land Use Commission From California Public Utilities Code >> Division 9. >> Part 1. >> Chapter 4. >> Article 3.5.
21679.5
. (a) Until June 30, 1991, no action pursuant to Section
21679 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, directly affecting the use of land within one mile
of the boundary of a public airport, shall be commenced in any
county in which the commission or other designated body has not
adopted an airport land use compatibility plan, but is making
substantial progress toward the completion of the airport land use
compatibility plan.
(b) If a commission has been prevented from adopting the airport
land use compatibility plan by June 30, 1991, or if the adopted
airport land use compatibility plan could not become effective,
because of a lawsuit involving the adoption of the airport land use
compatibility plan, the June 30, 1991, date in subdivision (a) shall
be extended by the period of time during which the lawsuit was
pending in a court of competent jurisdiction.
(c) Any action pursuant to Section 21679 commenced prior to
January 1, 1990, in a county in which the commission or other
designated body has not adopted an airport land use compatibility
plan, but is making substantial progress toward the completion of the
airport land use compatibility plan, which has not proceeded to
final judgment, shall be held in abeyance until June 30, 1991. If the
commission or other designated body adopts an airport land use
compatibility plan on or before June 30, 1991, the action shall be
dismissed. If the commission or other designated body does not adopt
an airport land use compatibility plan on or before June 30, 1991,
the plaintiff or plaintiffs may proceed with the action.
(d) An action 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, directly affecting the use of land
within one mile of the boundary of a public airport for which an
airport land use compatibility plan has not been adopted by June 30,
1991, shall be commenced within 30 days of June 30, 1991, or within
30 days of the decision by the local agency, or within the
appropriate time periods set by Section 21167 of the Public Resources
Code, whichever date is later.