MCAS Miramar Airport Land Use Compatibility Plan - San Diego ...

CHAPTER 2AIRPORT LAND USE COMMISSION POLICIESParagraphs (a) through (e) below. In no instance, however, shall the ALUC apply anyCompatibility Plan rules, regulations, and/or policies to any project, permit or action, or to anysubsequent discretionary or ministerial implementing permit or action for that project, that are inany manner inconsistent with the provisions of Federal Aviation Regulations Part 77, ObjectsAffecting Navigable Airspace, and/or the California Airport Noise Regulations (Cal. Code Regs.,tit. 21, §5000 et seq.).(a)(b)General Plan Consistent with Prior Compatibility Plan: A project, and any subsequentimplementing action(s) for that project, that is located within an area in which the localagency has modified its general plan to be consistent with the compatibility plan ineffect prior to approval of this Compatibility Plan, or within an area in which a localagency has taken the special steps necessary to overrule the prior compatibility plan,shall not be subject to ALUC review under this Compatibility Plan, provided that thelocal agency:(1) Has deemed the project application to be complete prior to the effective date ofthis Compatibility Plan;(2) The project is consistent with the local agency's ALUC-approved general plan (orthe local agency has overruled the prior compatibility plan); and(3) The project and/or any subsequent implementing action(s) have not changed ina substantive manner, as determined by the local agency, based on the criteriaprovided in Policy 2.10.4, that potentially would invalidate any original approvalof the project by the local agency and require a subsequent review.General Plan Not Consistent with Prior Compatibility Plan: A project, and/or anysubsequent implementing action(s) for that project, that is located within an area inwhich a local agency has not modified its general plan to be consistent with thecompatibility plan in effect prior to the approval of this Compatibility Plan, or taken thespecial steps necessary to overrule the prior compatibility plan, that is within the AIA, asdefined in this Compatibility Plan; and is not an existing land use, as defined in Policy2.2.18, shall be submitted to the ALUC to be reviewed in accordance with thecompatibility plan in effect at the time the application was deemed complete by thelocal agency, except where such application is materially deficient pursuant to Paragraph(1) below, in which case the project shall be reviewed in accordance with thecompatibility plan in effect at the time the application is deemed complete by theALUC, as specifically provided in Paragraphs (2) through (4) below.(1) If an application for a project has been submitted to the local agency and theapplication has been deemed complete by the local agency, the informationcontained in such application may be used to submit a consistency determinationapplication and shall constitute a complete application for purposes of aconsistency review by the ALUC, unless the ALUC determines that theapplication lacks one or more of the components required in Policy 2.7.2.(2) If an application for consistency is determined by the ALUC to be incompletepursuant to Paragraph (1), above, then not later than thirty (30) calendar daysafter the ALUC has received an application for a determination of consistency,the ALUC shall respond in writing as to why the application is not complete andshall immediately transmit the information to the local agency and the projectproponent. The ALUC shall specify those parts of the application which areincomplete and shall indicate the manner in which they can be made complete,2–6 MCAS Miramar Airport Land Use Compatibility Plan (Adopted October 2008 Amended December 2010)