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

CHAPTER 2AIRPORT LAND USE COMMISSION POLICIES2.8.3 ALUC Action Choices: When reviewing a general plan, specific plan, zoning ordinance, buildingregulation or other enabling or implementing ordinance(s) for consistency with the CompatibilityPlan, the ALUC has three choices:(a)(b)(c)Find the plan, ordinance, or regulation consistent with the Compatibility Plan. (Tomake such a finding with regard to a general plan, the items identified in Policy 2.9 mustbe met.)Find the plan, ordinance, or regulation consistent with the Compatibility Plan, subjectto conditions and/or modifications that the ALUC may require. Any such conditionsshould be limited in scope, consistent with the provisions of the ALUCP, and describedin a manner that allows compliance to be clearly assessed.Find the plan, ordinance, or regulation inconsistent with the Compatibility Plan. Inmaking a finding of inconsistency, the ALUC shall note the specific conflicts uponwhich its determination of inconsistency is based.2.8.4 Response Time: The ALUC must respond to a local agency's request for a consistencydetermination on a general plan, specific plan, zoning ordinance, or building regulation within60 days from the date of submittal. (Pub. Util. Code, §21676(d).) However, this responseperiod does not begin until such time as ALUC staff has determined that all informationnecessary for accomplishment of the project review has been submitted to the ALUC.(Handbook at page 4-12.)(a) The 60-day review period may be extended if the submitting local agency agrees inwriting or so states at an ALUC public hearing on the action.(b) The date of submittal is deemed to be the date on which all required projectinformation is received by ALUC and the ALUC determines that the application for aconsistency determination is complete. (See Policy 2.10.2.)(c) If the ALUC fails to make a determination within the time period required or agreedupon, the proposed action shall be deemed consistent with the Compatibility Plan.(Pub. Util. Code, §21676(d).)(d) Regardless of action or failure to act on the part of the ALUC, the proposed actionmust comply with other applicable local, state, and federal laws and regulations.(e) The submitting local agency shall be notified of the ALUC's action in writing.2.8.5 ALUC Response to Notification of Proposed Overruling: If a local agency proposes to overrule anALUC action regarding a general plan, specific plan, zoning ordinance, or building regulation, itmust provide a copy of the proposed decision and findings to both the ALUC and Division ofAeronautics at least 45 days prior to taking action. The ALUC and Division of Aeronautics thenhave 30 days in which to respond to the local agency with their comments. (Pub. Util. Code,§21676(a)-(b).) The ALUC may authorize the ALUC staff to respond, as appropriate. Thecomments of the Division of Aeronautics and ALUC are advisory, but must be made part of therecord of final decision to overrule the ALUC. (Pub. Util. Code, §§21676, 21676.5.)2.9 GENERAL PLAN CONSISTENCY WITH COMPATIBILITY PLANIn order for a general plan to be considered consistent with this Compatibility Plan, the following mustbe accomplished (see Appendix E for additional guidance):2–14 MCAS Miramar Airport Land Use Compatibility Plan (Adopted October 2008 Amended December 2010)