HomeMy WebLinkAboutPIP 00-04A; Carlsbad Airport Center Lot 24; Planned Industrial Permit (PIP) (3)Regional Airport Authority
February 14,2002
Ms. Sandra Holder, Director
Community Development
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Subject: Request to the Airport Land Use Commission
Dear Ms. Holder:
This letter is in response to the City of Carlsbad’s letter of December 18, 2001, which
was addressed to SANDAG in its then-existing capacity as the Airport Land Use
Commission (ALUC). The City’s letter described proposed industrial development
within the 75 CNEL zone of McClellan-Palomar Airport, identified as PIP 00-04 and PIP
00-05. The County Assessor identifies these properties as parcels # 212-091-02 and #
212-091-03.
The letter requests two actions of the ALUC. The first is that the ALUC administratively
find the proposed project compatible with the McClellan-Palomar Airport
Comprehensive Land Use Plan (CLUP), with the noise attenuation and other
requirements imposed by the City of Carlsbad as described in the letter. The second is
that the request for an amendment to the CLUP be withdrawn.
On January 1, 2002, AB 93 transferred the ALUC responsibilities to the San Diego
County Regional Airport Authority (“Authority”). The letter was received after the final
meeting of SANDAG as the ALUC. Therefore, SANDAG as the ALUC was unable to
act on it. Accordingly, the letter was forwarded by SANDAG to the Authority.
The letter from the City of Carlsbad, referenced above, states that the proposed project is
located in the 75 CNEL zone. The attached map shows the location of the two parcels is
within the 75 CNEL zone of McClellan-Palomar Airport. In the adopted CLUP, Figure
2, McClellan-Palomar Airport Influence Area on page 6, shows that the 75 CNEL zone
extends off airport property. The CLUP further states, in Table 3, McClellan-Palomar
Airport Noisekand Use Compatibility Matrix, page 9, that industrial development is not
compatible in the 75 CNEL, although agriculture, golf courses, and other open space
types of development are permitted.
P 0. Box 82776, San Diego, California 92 138-2776 (619) 725-6024 (619) 725-601 1 fax
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Sandra Holder
Request to the ALUC
Page 2
Pursuant to AB 93, the Interim Executive Director is empowered to take action on behalf
of the Authority in its capacity as the ALUC. Exercising the authority of the ALUC, as
stated in Public Utilities Code, Section 21 670.3, the following determinations have been
made:
1. An administrative finding that the City’s proposal is consistent with the
Comprehensive Land Use Plan for McClellan-Palomar Airport cannot be provided.
The subject parcels, identified in the City of Carlsbad’s letter of December 18, 2001,
as PIP 00-04 and PIP 00-05, (AP# 2 12-091-02 and # 2 12-091-03) are located within
the 75 CNEL zone of McClellan-Palomar Airport. Industrial development described
by the City of Carlsbad for these two parcels within the 75 CNEL zone, irrespective
of attenuation and other restrictions proposed by the City, is not compatible with the
adopted Comprehensive Land Use Plan for McClellan-Palomar Airport.
2. The City of Carlsbad’s request to withdraw its amendment to the McClellan-Palomar
Airport Plan CLUP is approved.
At this point, no further action by the Airport Land Use Commission is necessary. The
City of Carlsbad could decide to pursue it Mer: the law provides rules for an override
vote by the City Council of Carlsbad. The procedures are described in the California
Public Utilities Code, Section 21676.
If you have questions about these determinations, please contact Nan Valerio at
SANDAG at (619) 595-5365.
Sincerely,
Thella F. Bowens
Interim Executive Director
cc: Nan Valerio, SANDAG
Enclosures
Palomar Airport - Adopted Noise Contours
and Safety Zone
00 0 400 8M)12OOFeet -
June 12,2001
Runway - Adopted Noise Contours ri Flight Activity Zone n Parcels
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CALIFORNIA CODES
PUBLIC UTILITIES CODE
SECTION 21670-21679.5
21670. (a) The Legislature hereby finds and declares that:
(1) It is in the public interest to provide for the orderly
development of each public use airport in this state and the area
surrounding these, airports so as to promote the overall goals and
objectives of the California airport noise standards adopted pursuant
to Section 21669 and to prevent the creation of new noise and safety
problems.
(2) It is the purpose of this article to protect public health,
safety, and welfare by ensuring the orderly expansion of airports and
the adoption of land use measures that minimize the public's
exposure to excessive noise and safety hazards within areas around
public airports to the extent that these areas are not already
devoted to incompatible uses.
in which there is located an airport which is served by a scheduled
airline shall establish an airport land use commission. Every
county, in which there is located an airport which is not served by a
scheduled airline, but is operated for the benefit of the general
public, shall establish an airport land use commission, except that
the board of supervisors of the county may, after consultation with
the appropriate airport operators and affected local entities and
after a public hearing, adopt a resolution finding that there are no
noise, public safety, or land use issues affecting any airport in the
county which require the creation of a commission and declaring the
county exempt from that requirement. The board shall, in this event,
transmit a copy of the resolution to the Director of Transportation.
For purposes of this section, "commission" means an airport land
use commission. Each commission shall consist of seven members to be
selected as follows:
(1) Two representing the cities in the county, appointed by a city
selection committee comprised of the mayors of all the cities within
that county, except that if there are any cities contiguous or
adjacent to the qualifying airport, at least one representative shall
be appointed therefrom. If there are no cities within a county, the
number of representatives provided for by paragraphs (2) and (3)
shall each be increased by one.
(2) Two representing the county, appointed by the board of
supervisors.
(3) Two having expertise in aviation, appointed by a selection
committee comprised of the managers of all of the public airports
within that county.
six members of the commission.
appointed and serve as members of the commission during their terms
of public office.
him or her in commission affairs and to vote on all matters when the
member is not in attendance. The proxy shall be designated in a signed written instrument which shall be kept on file at the
commission offices, and the proxy shall serve at the pleasure of the
appointing member. A vacancy in the office of proxy shall be filled
promptly by appointment of a new proxy.
(b) In order to achieve the purposes of this article, every county
(4) One representing the general public, appointed by the other
(c) Public officers, whether elected or appointed, may be
(dl Each member shall promptly appoint a single proxy to represent
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~
(e) A person having an "expertise in aviation" means a person who,
by way of education, training, business, experience, vocation, or
avocation has acquired and possesses particular knowledge of, and
familiarity with, the function, operation, and role of airports, or
is an elected official of a local agency which owns or operates an
airport.
purposes of this article, special districts are included among the
local agencies that are subject to airport land use laws and other
requirements of this article.
(f) It is the intent of the Legislature to clarify that, for the
21670.1. (a) Notwithstanding any other provision of this article,
if the board of supervisors and the city selection committee of
mayors in the county each makes a determination by a majority vote
that proper land use planning can be accomplished through the actions
of an appropriately designated body, then the body so designated
shall assume the planning responsibilities of an airport land use
commission as provided for in this article, and a commission need not be formed in that county.
(b) A body designated pursuant to subdivision (a) which does not
include among its membership at least two members having an expertise
in aviation, as defined in subdivision (e) of Section 21670, shall,
when acting in the capacity of an airport land use commission, be
augmented so that that body, as augmented, will have at least two
members having that expertise. The commission shall be constituted
pursuant to this section on and after March 1, 1988.
(b) of Section 21670, if the board of supervisors of a county and
each affected city in that county each makes a determination that
proper land use planning pursuant to this article can be accomplished
pursuant to this subdivision, then a commission need not be formed
in that county.
' (2) If the board of supervisors of a county and each affected city
makes a determination that proper land use planning may be
accomplished and a commission is not formed pursuant to paragraph (1)
of this subdivision, that county and the appropriate affected cities
having jurisdiction over an airport, subject to the review and
approval by the Division of Aeronautics of the department, shall do
all of the following:
(A) Adopt processes for the preparation, adoption, and amendment
of the comprehensive airport land use plan for each airport that is
served by a scheduled airline or operated for the benefit of the
general public.
(B) Adopt processes for the notification of the general public,
landowners, interested groups, and other public agencies regarding the preparation, adoption, and amendment of the comprehensive airport
land use plans.
(C) Adopt processes for the mediation of disputes arising from the
preparation, adoption, and amendment of the comprehensive airport
land use plans.
plans to be consistent with the comprehensive airport land use plans.
(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision
(D) Adopt processes for the amendment of general and specific
(E) Designate the agency that shall be responsible of the
preparation, adoption, and amendment of each comprehensive airport
land use plan.
processes adopted pursuant to paragraph (21, and shall approve the
processes if the division determines that the processes are
(3) The Division of Aeronautics of the department shall review the
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consistent with the procedure required by this article and will do
all of the following:
(A) Result in the preparation, adoption, and implementation of plans within a reasonable amount of time.
(B) Rely on the height, use, noise, safety, and density criteria
that are compatible with airport operations, as established by this
article, and referred to as the Airport Land Use Planning Handbook,
published by the division, and any applicable federal aviation
regulations, including, but not limited to, Part 77 (commencing with
Section 77.1) of Title 14 of the Code of Federal Regulations.
comment by the general public, landowners, interested groups, and
other public agencies.
(4) If the county does not comply with the requjrrements of
paragraph (2) within 120 days, then the plan and amendments shall not
be considered adopted pursuant to this article and a commission
shall be established within 90 days of the determination of
noncompliance by the division and a plan shall be adopted pursuant to
this article within 90 days of the establishment of the commission.
(C) Provide adequate opportunities for notice to, review of, and
(dl A commission need not be formed in a county that has
contracted for the preparation of comprehensive airport land use
plans with the Division of Aeronautics under the California Aids to
Airport Program (Title 21 (commencing with Section 4050) of the
California Code of Regulations), Project Ker-VAR 90-1, and that
submits all of the following information to the Division of
Aeronautics for review and comment that the county and the cities
affected by the airports within the county, as defined by the plans:
(1) Agree to adopt and implement the comprehensive airport plans
that have been developed under contract.
(2) Incorporated the height, use, noise, safety, and density
criteria that are compatible with airport operations as established
by this article, and referred to as the Airport Land Use Planning
Handbook, published by the division, and any applicable federal
aviation regulations, including, but not limited to, Part 77
(commencing with Section 77.1) of Title 14 of the Code of Federal
Regulations as part of the general and specific plans for the county
and for each affected city.
(3) If the county does not comply with this subdivision on or
before May 1, 1995, then a commission shall be established in
accordance with this article.
following conditions are met:
city.
paragraph (2) of subdivision (dl, as part of their general and
specific plans for the county and the affected city.
(ii) The general and specific plans shall be submitted, upon
adoption, to the Division of Aeronautics. If the county and the
affected city do not submit the elements specified in paragraph (2)
of subdivision (a), on or before May 1, 1996, then a commission shall
be established in accordance with this article.
(e) (1) A commission need not be formed in a county if all of the
(A) The county has only one public use airport that is owned by a
(B) (i) The county and the affected city adopt the elements in
21670.2. (a) Sections 21670 and 21670.1 do not apply to the County
of Los Angeles. In that county, the county regional planning
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commission has the responsibility for coordinating the airport
planning of public agencies within the county. In instances where
impasses result relative to this planning, an appeal may be made to
the county regional planning commission by any public agency
involved. The action taken by the county regional planning commission
on such an appeal may be overruled by a four-fifths vote of the
governing body of a public agency whose planning led to the appeal.
shall adopt the comprehensive land use plans required pursuant to
Section 21675.
(c) Sections 21675.1, 21675.2, and 21679.5 do not apply to the
County of Los Angeles until January 1, 1992. If the comprehensive
land use plans required pursuant to Section 21675 are not adopted by
the county regional planning commission by January 1, 1992, Sections
21675.1 and 21675.2 shall apply to the County of Los Angeles until
the plans are adopted.
(b) By January 1, 1992, the county regional planning commission
21670.3. (a) Sections 21670 and 21670.1 do not apply to the County
of San Diego. In that county, the San Diego County Regional Airport
Authority, as established pursuant to Section 170002, is responsible
for coordinating the airport planning of public agencies within the
county and shall, on or before June 30, 2005, after reviewing the
existing comprehensive land use plan adopted pursuant to Section
21675, adopt a comprehensive land use plan.
21675 and adopted pursuant to Section 21675.1 by the San Diego
Association of Governments shall remain in effect until June 30,
2005, unless the San Diego County Regional Airport Authority adopts a
plan prior to that date pursuant to subdivision (a).
(b) Any comprehensive land use plan developed pursuant to Section
21670.4. (a) As used in this section, "intercounty airport" means
any airport bisected by a county line through its runways, runway
protection zones, inner safety zones, inner turning zones, outer safety zones, or sideline safety zones, as defined by the department'
s Airport Land Use Plan handbook and referenced in the comprehensive
land use plan formulated under Section 21675.
to establish a separate airport land use commission so that an
intercounty airport may be served by a single airport land use
planning agency, rather than having to look separately to the airport
land use commissions of the affected counties.
(c) In addition to the airport land use commissions created under
Section 21670 or the alternatives established under Section 21670.1,
for their respective counties, the boards of supervisors and city
selection committees for the affected counties, by independent
majority vote of each county's two delegations, for any intercounty
airport, may do either of the following:
that airport. That commission shall consist of seven members to be
selected as follows:
by that county's city selection committee.
of supervisors of each county.
by a selection committee comprised of the managers of all the pubfic airports within that county.
(b) It is the purpose of this section to provide the opportunity
(1) Establish a single separate airport land use commission for
(A) One representing the cities in each of the counties, appointed
(B) One representing each of the counties, appointed by the board
(C) One from each county having expertise in aviation, appointed
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(D) One representing the general public, appointed by the other
(2) In accordance with subdivision (a) or (b) of Section 21670.1,
six members of the commission.
designate an existing appropriate entity as that airport's land use
commission.
21671. In any county where there is an airport operated for the
general public which is owned by a city or district in another county
or by another county, one of the representatives provided by
paragraph (1) of subdivision (b) of Section 21670 shall be appointed
by the city selection committee of mayors of the cities of the county
in which the owner of that airport is located, and one of the
representatives provided by paragraph (2) of subdivision (b) of
Section 21670 shall be appointed by the board of supervisors of the
county in which the owner of that airport is located.
21671.5. (a) Except for the terms of office of the members of the
first commission, the term of office of each member shall be four
years and until the appointment and qualification of his or her
successor. The members of the first commission shall classify
themselves by lot so that the term of office of one member is one
year, of two members is two years, of two members is three years, and
of two members is four years. The body which originally appointed a
member whose term has expired shall appoint his or her successor for
a full term of four years. Any member may be removed at any time
and without cause by the body appointing that member. The
expiration date of the term of office of each member shall be the first Monday in May in the year in which that member's term is to
expire. Any vacancy in the membership of the commission shall be
filled for the unexpired term by appointment by the body which
originally appointed the member whose office has become vacant. The
chairperson of the commission shall be selected by the members
thereof.
supervisors.
keeping of minutes and necessary quarters, equipment, and supplies
shall be provided by the county. The usual and necessary operating
expenses of the commission shall be a county charge.
(dl Notwithstanding any other provisions of this article, the
commission shall not employ any personnel either as employees or
independent contractors without the prior approval of the board of
supervisors.
(e) The commission shall meet at the call of the commission
chairperson or at the request of the majority of the commission
members. A majority of the commission members shall constitute a
quorum for the transaction of business. No action shall be taken by
the commission except by the recorded vote of a majority of the full
membership.
comply with this article. Those fees shall be charged to the
proponents of actions, regulations, or permits, shall not exceed the
estimated reasonable cost of providing the service, and shall be
imposed pursuant to Section 66016 of the Government Code. Except as
provided in subdivision (g), after June 30, 1991, a commission which
has not adopted the comprehensive land use plan required by Section
(b) Compensation, if any, shall be determined by the board of
(c) Staff assistance, including the mailing of notices and the
(f) The commission may establish a schedule of fees necessary to
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21675 shall not charge fees pursuant to this subdivision until the
commission adopts the plan.
(9) In any county which has undertaken by contract or otherwise
completed land use plans for at least one-half of all public use
airports in the county, the commission may continue to charge fees
necessary to comply with this article until June 30, 1992, and, if
the land use plans are complete by that date, may continue charging
fees after June 30, 1992. If the land use plans are not complete by
June 30, 1992, the commission shall not charge fees pursuant to
subdivision (f) until the commission adopts the land use plans.
21672. Each commission shall adopt rules and regulations with
respect to the temporary disqualification of its members from
participating in the review or adoption of a proposal because of
conflict of interest and with respect to appointment of substitute
members in such cases.
21673. In any county not having a commission or a body designated
to carry out the responsibilities of a commission, any owner of a
public airport may initiate proceedings for the creation of a
commission by presenting a request to the board of supervisors that a
commission be created and showing the need therefor to the
satisfaction of the board of supervisors.
21674. The commission has the following powers and duties, subject
to the limitations upon its jurisdiction set forth in Section 21676:
(a) To assist local agencies in ensuring compatible land uses in
the vicinity of all new airports and in the vicinity of existing
airports to the extent that the land in the vicinity of those
airports is not already devoted to incompatible uses.
levels so as to provide for the orderly development of air
transportation, while at the same time protecting the public health,
safety, and welfare.
(c) To prepare and adopt an airport land use plan pursuant to
Section 21675.
(dl To review the plans, regulations, and other actions of local
agencies and airport operators pursuant to Section 21676.
(e) The powers of the commission shall in no way be construed to
give the commission jurisdiction over the operation of any airport.
(f) In order to carry out its responsibilities, the commission may
adopt rules and regulations consistent with this article.
(b) To coordinate planning at the state, regional, and local
21674.5. (a) The Department of Transportation shall develop and
implement a program or programs to assist in the training and
development of the staff of airport land use commissions, after
consulting with airport land use commissions, cities, counties, and
other appropriate public entities.
to assist the staff of airport land use commissions in addressing
(b) The training and development program or programs are intended
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high priority needs, and may include, but need not be limited to, the
following:
adoption of comprehensive land use plans.
planning boundaries.
included in the comprehensive plans.
developments and determining whether proposed developments are
compatible with the airport use.
technical responsibilities and functions which the department
determines to be appropriate to provide to commission staff and for
which it determines there is a need for staff training or
development.
(c) The department may provide training and development programs
for airport land use commission staff pursuant to this section by any
means it deems appropriate. Those programs may be presented in any
of the following ways:
(1) The establishment of a process for the development and
(2) The development of criteria for determining airport land use
(3) The identification of essential elements which should be
(4) Appropriate criteria and procedures for reviewing proposed
(5) Any other organizational, operational, procedural, or
(1) By offering formal courses or training programs.
(2) By sponsoring or assisting in the organization and sponsorship
(3) By producing and making available written information.
(4) Any other feasible method of providing information and
assisting in the training and development of airport land use
commission staff.
of conferences, seminars, or other similar events.
21674.7. An airport land use commission that formulates, adopts or
amends a comprehensive airport land use plan shall be guided by
information prepared and updated pursuant to Section 21674.5 and
referred to as the Airport Land Use Planning Handbook published by
the Division of Aeronautics of the Department of Transportation.
21675. (a) Each commission shall formulate a comprehensive land use
plan that will provide for the orderly growth of each public airport
and the area surrounding the airport within the jurisdiction of the
commission, and will safeguard the general welfare of the inhabitants
within the vicinity of the airport and the public in general. The
commission plan shall include and shall be based on a long-range
master plan or an airport layout plan, as determined by the Division
of Aeronautics of the Department of Transportation, that reflects the
anticipated growth of the airport during at least the next 20 years.
In formulating a land use plan, the commission may develop height
restrictions on buildings, specify use of land, and determine
building standards, including soundproofing adjacent to airports, within the planning area. The comprehensive land use plan shall be
reviewed as often as necessary in order to accomplish its purposes,
but shall not be amended more than once in any calendar year.
(b) The commission may include, within its plan formulated
pursuant to subdivision (a), the area within the jurisdiction of the
commission surrounding any federal military airport for all of the
purposes specified in subdivision (a). This subdivision does not
give the commission any jurisdiction or authority over the territory
or operations of any military airport.
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(c) The planning boundaries shall be established by the commission
(dl The commission shall submit to the Division of Aeronautics of
(e) If a comprehensive land use plan does not include the matters
after hearing and consultation with the involved agencies.
the department one copy of the plan and each amendment to the plan.
required to be included pursuant to this article, the Division of
Aeronautics of the department shall notify the commission responsible
for the plan.
21675.1. (a) By June 30, 1991, each commission shall adopt the
comprehensive land use plan required pursuant to Section 21675,
except that any county which has undertaken by contract or otherwise
completed land use plans for at least one-half of all public use
airports in the county, shall adopt that plan on or before June 30,
1992.
(b) Until a commission adopts a comprehensive land use plan, a
city or county shall first submit all actions, regulations, and
permits within the vicinity of a public airport to the commission for
review and approval. Before the commission approves or disapproves
any actions, regulations, or permits, the commission shall give
public notice in the same manner as the city or county is.required to
give for those actions, regulations, or permits. As used in this
section, "vicinity" means land which will be included or reasonably
could be included within the plan. If the commission has not
designated a study area for the plan, then "vicinity" means land
within two miles of the boundary of a public airport.
it finds, based on substantial evidence in the record, all of the
following:
(1) The commission is making substantial progress toward the
completion of the plan.
(2) There is a reasonable probability that the action, regulation,
or permit will be consistent with the plan being prepared by the
commission.
or interference with the future adopted plan if the action,
regulation, or permit is ultimately inconsistent with the plan.
permit, the commission shall notify the city or county. The city or
county may overrule the commission, by a two-thirds vote of its
governing body, if it makes specific findings that the proposed
action, regulation, or permit is consistent with the purposes of this
article, as stated in Section 21670.
(e) If a city or county overrules the commission pursuant to
subdivision (d), that action shall not relieve the city or county
from further compliance with this article after the commission adopts
the plan.
(f) If a city or county overrules the commission pursuant to
subdivision (d) with respect to a publicly owned airport that the
city or county does not operate, the operator of the airport is not
liable for damages to property or personal injury resulting from the
city's or county's decision to proceed with the action, regulation,
or permit.
(9) A commission may adopt rules and regulations which exempt any
ministerial permit for single-family dwellings from the requirements of subdivision (b) if it makes the findings required pursuant to
subdivision (c) for the proposed rules and regulations, except that
the rules and regulations may not exempt either of the following:
(c) The commission may approve an action, regulation, or permit if
(3) There is little or no probability of substantial detriment to
(dl If the commission disapproves an action, regulation, or
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(1) More than two single-family dwellings by the same applicant
(2) Single-family dwellings in a subdivision where 25 percent or
within a subdivision prior to June 30, 1991.
more of the parcels are undeveloped.
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.
21676. (a) Each local agency whose general plan includes areas
covered by an airport land use commission 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
commission's plan. If the plan or plans are inconsistent with the
commission's plan, the local agency shall be notified and that local
agency shall have another hearing to reconsider its plans. The local
agency may overrule the commission after such 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.
the adoption or approval of a zoning ordinance or building regulation
within the planning boundary established by the airport land use
(b) Prior to the amendment of a general plan or specific plan, or
Printed for Nan Valerio <nva@sandag.org> 02/14/2002
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, 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.
an airport land use commission plan shall, prior to modification of
its airport master plan, refer such 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, 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.
(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 commission's plan.
(c) Each public agency owning any airport within the boundaries of
(dl Each commission determination pursuant to subdivision (b) or
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
commission plan, the local agency shall be notified and that local
agency shall hold a hearing to reconsider its plan. The local agency
may 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.
(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.
21677. Notwithstanding Section 21676, any public agency in the
County of Marin may overrule the Marin County Airport Land Use
Commission by a majority vote of its governing body.
21678. With respect to a publicly owned airport that a public
agency does not operate, if the public agency pursuant to Section
21676 or 21676.5 overrides a commission's action or recommendation,
the operator of the airport shall be immune from liability for
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damages to property or personal injury caused by or resulting
directly or indirectly from the public agency's decision to override
the commission's action or recommendation.
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 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, which 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 which postpones the
effective date of the zoning change, zoning variance, permit, or
regulation until the.governing body of the local agency which took
the action does one of the following:
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 which 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.
(1) In the case of an action which is a legislative act, adopts a
(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) of this subdivision, whichever is applicable. .
(c) The court shall not issue an injunction pursuant to
subdivision (b) if the local agency which took the action
demonstrates that the general plan and any applicable specific plan
of the agency accomplishes the purposes of an airport land use plan
as provided in Section 21675.
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.
land within two miles of the boundary of the airport or any
organization with a demonstrated interest in airport safety and
efficiency.
(dl An action brought pursuant to subdivision (a) shall be
(f) As used in this section, "interested party" means any owner of
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 plan, but is making substantial progress
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toward the completion of the plan.
(b) If a commission has been prevented from adopting the
comprehensive land use plan by June 30, 1991, or if the adopted plan
could not become effective, because of a lawsuit involving the
adoption of the 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.
January 1, 1990, in a county in which the commission or other
designated body has not adopted an airport land use plan, but is
making substantial progress toward the completion of the 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 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 plan on or before June 30, 1991, the
plaintiff or plaintiffs may proceed with the action.
(c) Any action pursuant to Section 21679 commenced prior to
(dl 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 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.
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