Brown Field Municipal Airport Land Use Compatibility Plan

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APPENDIX ASTATE LAWS RELATED TO AIRPORT LAND USE PLANNINGthe commission has not designated an airport influence area, then “vicinity” means land within twomiles of the boundary of a public airport.(c) The commission may approve an action, regulation, or permit if it finds, based on substantialevidence in the record, all of the following:(1) The commission is making substantial progress toward the completion of the airport land usecompatibility plan.(2) There is a reasonable probability that the action, regulation, or permit will be consistent with theairport land use compatibility plan being prepared by the commission.(3) There is little or no probability of substantial detriment to or interference with the future adoptedairport land use compatibility plan if the action, regulation, or permit is ultimately inconsistentwith the airport land use compatibility plan.(d) If the commission disapproves an action, regulation, or permit, the commission shall notify the cityor county. The city or county may overrule the commission, by a two-thirds vote of its governingbody, if it makes specific findings that the proposed action, regulation, or permit is consistent withthe 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 relievethe city or county from further compliance with this article after the commission adopts the airportland use compatibility plan.(f) If a city or county overrules the commission pursuant to subdivision (d) with respect to a publiclyowned airport that the city or county does not operate, the operator of the airport is not liable fordamages to property or personal injury from the city’s or county’s decision to proceed with theaction, regulation, or permit.(g) A commission may adopt rules and regulations that exempt any ministerial permit for single-familydwellings from the requirements of subdivision (b) if it makes the findings required pursuant tosubdivision (c) for the proposed rules and regulations, except that the rules and regulations may notexempt either of the following:(1) More than two single-family dwellings by the same applicant within a subdivision prior toJune 30, 1991.(2) Single-family dwellings in a subdivision where 25 percent or more of the parcels areundeveloped.21675.2. Approval or Disapproval of Actions, Regulations, or Permits(a) If a commission fails to act to approve or disapprove any actions, regulations, or permits within60 days of receiving the request pursuant to Section 21675.1, the applicant or his or herrepresentative may file an action pursuant to Section 1094.5 of the Code of Civil Procedure toA–12Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010
APPENDIX ASTATE LAWS RELATED TO AIRPORT LAND USE PLANNINGcompel the commission to act, and the court shall give the proceedings preference over all otheractions 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 thissubdivision has occurred. If the applicant has provided seven days advance notice to the commissionof the intent to provide public notice pursuant to this subdivision, then, not earlier than the date ofthe expiration the time limit established by Section 21675.1, an applicant may provide the requiredpublic notice. If the applicant chooses to provide public notice, that notice shall include adescription of the proposed action, regulation, or permit substantially similar to the descriptionswhich are commonly used in public notices by the commission, the name and address of thecommission, and a statement that the action, regulation, or permit shall be deemed approved if thecommission has not acted within 60 days. If the applicant has provided the public notice specified inthis subdivision, the time limit for action by the commission shall be extended to 60 days after thepublic notice is provided. If the applicant provides notice pursuant to this section, the commissionshall refund to the applicant any fees which were collected for providing notice and which were notused for that purpose.(c) Failure of an applicant to submit complete or adequate information pursuant to Sections 65943 to65946, 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, whereapplicable, public notice and hearing before acting on an action, regulation, or permit.21676. Review of Local General Plans(a) Each local agency whose general plan includes areas covered by an airport land use compatibilityplan shall, by July 1, 1983, submit a copy of its plan or specific plans to the airport land usecommission. The commission shall determine by August 31, 1983, whether the plan or plans areconsistent or inconsistent with the airport land use compatibility plan. If the plan or plans areinconsistent with the airport land use compatibility plan, the local agency shall be notified and thatlocal agency shall have another hearing to reconsider its airport land use compatibility plans. Thelocal agency may propose to overrule the commission after the hearing by a two-thirds vote of itsgoverning body if it makes specific findings that the proposed action is consistent with the purposesof this article stated in Section 21670. At least 45 days prior to the decision to overrule thecommission, the local agency governing body shall provide the commission and the division a copyof the proposed decision and findings. The commission and the division may provide comments tothe local agency governing body within 30 days of receiving the proposed decision and findings. Ifthe commission or the division’s comments are not available within this time limit, the local agencygoverning body may act without them. The comments by the division or the commission areadvisory to the local agency governing body. The local agency governing body shall includecomments from the commission and the division in the final record of any final decision to overrulethe commission, which may only be adopted by a two-thirds vote of the governing body.A–13Brown Field Municipal Airport Land Use Compatibility PlanJanuary 25, 2010
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Brown Field Municipal AirportLand U
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San Diego County Regional Airport A
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TABLE OF CONTENTS BROWN FIELD MUNIC
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TABLE OF CONTENTS BROWN FIELD MUNIC
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1Introduction1.1 OVERVIEW OF THE PL
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CHAPTER 1INTRODUCTIONthe vicinity o
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CHAPTER 1INTRODUCTION1.2.1 State La
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CHAPTER 1INTRODUCTION1.4 PLAN IMPLE
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Chapter 2Airport Land UseCommission
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CHAPTER 2AIRPORT LAND USE COMMISSIO
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Chapter 3Brown Field Municipal Airp
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CHAPTER 3BROWN FIELD MUNICIPAL AIRP
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4.1 AIRPORT OVERVIEW4.1.1 Airport L
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CHAPTER 4BACKGROUND DATA: BROWN FIE
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Appendix CAirport Land UseCompatibi
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APPENDIX CAIRPORT LAND USE COMPATIB
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Appendix DMethods for Determining C
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APPENDIX DMETHODS FOR DETERMINING C
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Appendix EGeneral Plan Consistency
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APPENDIX EGENERAL PLAN CONSISTENCY
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APPENDIX EGENERAL PLAN CONSISTENCY
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Appendix FSample Implementation Doc
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Appendix GOn-Line Implementation To
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APPENDIX GON-LINE IMPLEMENTATION TO
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Appendix HGlossary of TermsIn addit
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APPENDIX HGLOSSARY OF TERMSDisplace
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APPENDIX HGLOSSARY OF TERMSNavigati
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APPENDIX HGLOSSARY OF TERMSVisual F
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Appendix ICorrespondence with theDi
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and FAA directive.That said, we wil
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Brown Field Municipal Airport Land Use Compatibility Plan

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