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Brown Field Municipal Airport Land Use Compatibility Plan

Brown Field Municipal Airport Land Use Compatibility Plan

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CHAPTER 2AIRPORT LAND USE COMMISSION POLICIES2.3 EFFECTIVE DATE2.3.1 <strong>Plan</strong> Adoption: The policies in this <strong>Compatibility</strong> <strong>Plan</strong> shall become effective on the date that theALUC adopts this <strong>Compatibility</strong> <strong>Plan</strong>.(a) The compatibility plan for the <strong>Airport</strong> adopted in 1981 (amended in 2004) shall remain ineffect until adoption by the ALUC of this <strong>Compatibility</strong> <strong>Plan</strong>, and shall again becomeeffective if the entirety of this <strong>Compatibility</strong> <strong>Plan</strong> should be rendered invalid by courtaction.(b) If any portion of this <strong>Compatibility</strong> <strong>Plan</strong> should be invalidated by court action, it shall notinvalidate the portions of this <strong>Compatibility</strong> <strong>Plan</strong> that are not invalidated by the courtaction.(c) Any action to invalidate all or portions of a compatibility plan adopted by the ALUC forany other airport within its jurisdiction shall not invalidate this <strong>Compatibility</strong> <strong>Plan</strong>.2.3.2 Applicability to Projects Not Yet Completed: The compatibility policies, if any, that will be usedto perform a consistency review for a proposed project, and any subsequent implementingaction(s) associated with that project, shall be determined according to the following, as providedin Paragraphs (a) through (f) below. However, in no instance shall the ALUC apply any<strong>Compatibility</strong> <strong>Plan</strong> rules, regulations, and policies to any land use action, or to any subsequentdiscretionary or ministerial implementing permit or action for that project, that are inconsistentwith the provisions of Part 77, California <strong>Airport</strong> Noise Regulations (Cal. Code Regs., tit. 21,§5000 et seq.), or any other state or federal laws.(a) <strong>Airport</strong> <strong>Plan</strong>s: Notwithstanding any provision of this Section, the ALUC shall apply this<strong>Compatibility</strong> <strong>Plan</strong>'s rules, regulations, and policies to any land use action, and anysubsequent discretionary or ministerial implementing permit or action for that project, thathave been approved based upon:(1) An airport master plan, or amendments or modifications to an airport master plan (Pub.Util. Code §21676(c)); or(2) Any airport expansion project that requires amendment of the <strong>Airport</strong> Permit issued bythe Division of Aeronautics, including the construction of a new runway, the extension orrealignment of an existing runway, the acquisition of runway protection zones, or theacquisition of any interest in land for the purpose of any airport expansion project (Pub.Util. Code §21664.5), that has been submitted to the ALUC for review by the publicagency owning the <strong>Airport</strong>.2-7<strong>Brown</strong> <strong>Field</strong> <strong>Municipal</strong> <strong>Airport</strong> <strong>Land</strong> <strong>Use</strong> <strong>Compatibility</strong> <strong>Plan</strong>January 25, 2010 Amended December 20, 2010

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