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Brown Field Municipal Airport Land Use Compatibility Plan

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 POLICIESlimited in scope, consistent with the policy provisions and requirements of this<strong>Compatibility</strong> <strong>Plan</strong>, and described in a manner that allows compliance to be clearlyassessed.(c) Find the general plan inconsistent with this <strong>Compatibility</strong> <strong>Plan</strong>. In making a finding ofinconsistency, the ALUC shall note the specific conflicts or shortcomings upon which itsdetermination 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 within 60 days from the date of submittal (Pub. Util. Code§21676(d)). However, this response period does not begin until the ALUC staff has determinedthat all information necessary for accomplishment of the project review has been submitted to theALUC (Handbook at page 4-12; Pub. Util. Code §21675.2 (a) and §21676 (d)).(a) The 60-day review period may be extended if the submitting local agency agrees in writingor so states at an ALUC public hearing on the action.(b) The date of submittal is deemed to be the date on which all applicable project informationis received by ALUC and the ALUC determines that the application for a consistencydetermination is complete (see Policy 2.10.2).(c) If the ALUC fails to make a determination within the time required or agreed upon, theproposed action shall be deemed consistent with this <strong>Compatibility</strong> <strong>Plan</strong> (Pub. Util. Code§21676(d)).(d) Regardless of any action or failure to act on the part of the ALUC, the proposed action stillmust comply with other applicable local, state, and federal laws and regulations.(e) The submitting local agency shall be notified of the ALUC’s determination in writing.2.8.5 ALUC Response to Notification of Proposed Overruling: If a local agency proposes to overrulean ALUC, it must provide a copy of the proposed decision and findings to both the ALUC and theDivision of Aeronautics at least 45 days prior to taking action. The ALUC and Division ofAeronautics have 30 days in which to provide the local agency with their comments (Pub. Util.Code §21676(a)-(b)). The ALUC authorizes the ALUC staff to respond to any notification ofproposed overruling. The comments of the Division of Aeronautics and the ALUC are advisory,but must be made part of the record of final decision to overrule the ALUC (Pub. Util. Code§§21676, 21676.5).2–18<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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