2010 California Code
Public Utilities Code
Article 3.5. Airport Land Use Commission

21670.  (a) The Legislature hereby finds and declares that:
   (1) It is in the public interest to provide for the orderly
development of each public use airport in this state and the area
surrounding these airports so as to promote the overall goals and
objectives of the California airport noise standards adopted pursuant
to Section 21669 and to prevent the creation of new noise and safety
problems.
   (2) It is the purpose of this article to protect public health,
safety, and welfare by ensuring the orderly expansion of airports and
the adoption of land use measures that minimize the public's
exposure to excessive noise and safety hazards within areas around
public airports to the extent that these areas are not already
devoted to incompatible uses.
   (b) In order to achieve the purposes of this article, every county
in which there is located an airport which is served by a scheduled
airline shall establish an airport land use commission. Every county,
in which there is located an airport which is not served by a
scheduled airline, but is operated for the benefit of the general
public, shall establish an airport land use commission, except that
the board of supervisors of the county may, after consultation with
the appropriate airport operators and affected local entities and
after a public hearing, adopt a resolution finding that there are no
noise, public safety, or land use issues affecting any airport in the
county which require the creation of a commission and declaring the
county exempt from that requirement. The board shall, in this event,
transmit a copy of the resolution to the Director of Transportation.
For purposes of this section, "commission" means an airport land use
commission. Each commission shall consist of seven members to be
selected as follows:
   (1) Two representing the cities in the county, appointed by a city
selection committee comprised of the mayors of all the cities within
that county, except that if there are any cities contiguous or
adjacent to the qualifying airport, at least one representative shall
be appointed therefrom. If there are no cities within a county, the
number of representatives provided for by paragraphs (2) and (3)
shall each be increased by one.
   (2) Two representing the county, appointed by the board of
supervisors.
   (3) Two having expertise in aviation, appointed by a selection
committee comprised of the managers of all of the public airports
within that county.
   (4) One representing the general public, appointed by the other
six members of the commission.
   (c) Public officers, whether elected or appointed, may be
appointed and serve as members of the commission during their terms
of public office.
   (d) Each member shall promptly appoint a single proxy to represent
him or her in commission affairs and to vote on all matters when the
member is not in attendance. The proxy shall be designated in a
signed written instrument which shall be kept on file at the
commission offices, and the proxy shall serve at the pleasure of the
appointing member. A vacancy in the office of proxy shall be filled
promptly by appointment of a new proxy.
   (e) A person having an "expertise in aviation" means a person who,
by way of education, training, business, experience, vocation, or
avocation has acquired and possesses particular knowledge of, and
familiarity with, the function, operation, and role of airports, or
is an elected official of a local agency which owns or operates an
airport.
   (f) It is the intent of the Legislature to clarify that, for the
purposes of this article, that special districts, school districts,
and community college districts are included among the local agencies
that are subject to airport land use laws and other requirements of
this article.



21670.1.  (a) Notwithstanding any other provision of this article,
if the board of supervisors and the city selection committee of
mayors in the county each makes a determination by a majority vote
that proper land use planning can be accomplished through the actions
of an appropriately designated body, then the body so designated
shall assume the planning responsibilities of an airport land use
commission as provided for in this article, and a commission need not
be formed in that county.
   (b) A body designated pursuant to subdivision (a) that does not
include among its membership at least two members having expertise in
aviation, as defined in subdivision (e) of Section 21670, shall,
when acting in the capacity of an airport land use commission, be
augmented so that body, as augmented, will have at least two members
having that expertise. The commission shall be constituted pursuant
to this section on and after March 1, 1988.
   (c) (1) Notwithstanding subdivisions (a) and (b), and subdivision
(b) of Section 21670, if the board of supervisors of a county and
each affected city in that county each makes a determination that
proper land use planning pursuant to this article can be accomplished
pursuant to this subdivision, then a commission need not be formed
in that county.
   (2) If the board of supervisors of a county and each affected city
makes a determination that proper land use planning may be
accomplished and a commission is not formed pursuant to paragraph
(1), that county and the appropriate affected cities having
jurisdiction over an airport, subject to the review and approval by
the Division of Aeronautics of the department, shall do all of the
following:
   (A) Adopt processes for the preparation, adoption, and amendment
of the airport land use compatibility plan for each airport that is
served by a scheduled airline or operated for the benefit of the
general public.
   (B) Adopt processes for the notification of the general public,
landowners, interested groups, and other public agencies regarding
the preparation, adoption, and amendment of the airport land use
compatibility plans.
   (C) Adopt processes for the mediation of disputes arising from the
preparation, adoption, and amendment of the airport land use
compatibility plans.
   (D) Adopt processes for the amendment of general and specific
plans to be consistent with the airport land use compatibility plans.
   (E) Designate the agency that shall be responsible for the
preparation, adoption, and amendment of each airport land use
compatibility plan.
   (3) The Division of Aeronautics of the department shall review the
processes adopted pursuant to paragraph (2), and shall approve the
processes if the division determines that the processes are
consistent with the procedure required by this article and will do
all of the following:
   (A) Result in the preparation, adoption, and implementation of
plans within a reasonable amount of time.
   (B) Rely on the height, use, noise, safety, and density criteria
that are compatible with airport operations, as established by this
article, and referred to as the Airport Land Use Planning Handbook,
published by the division, and any applicable federal aviation
regulations, including, but not limited to, Part 77 (commencing with
Section 77.1) of Title 14 of the Code of Federal Regulations.
   (C) Provide adequate opportunities for notice to, review of, and
comment by the general public, landowners, interested groups, and
other public agencies.
   (4) If the county does not comply with the requirements of
paragraph (2) within 120 days, then the airport land use
compatibility plan and amendments shall not be considered adopted
pursuant to this article and a commission shall be established within
90 days of the determination of noncompliance by the division and an
airport land use compatibility plan shall be adopted pursuant to
this article within 90 days of the establishment of the commission.
   (d) A commission need not be formed in a county that has
contracted for the preparation of airport land use compatibility
plans with the Division of Aeronautics under the California Aid to
Airports Program (Chapter 4 (commencing with Section 4050) of Title
21 of the California Code of Regulations), Project Ker-VAR 90-1, and
that submits all of the following information to the Division of
Aeronautics for review and comment that the county and the cities
affected by the airports within the county, as defined by the airport
land use compatibility plans:
   (1) Agree to adopt and implement the airport land use
compatibility plans that have been developed under contract.
   (2) Incorporated the height, use, noise, safety, and density
criteria that are compatible with airport operations as established
by this article, and referred to as the Airport Land Use Planning
Handbook, published by the division, and any applicable federal
aviation regulations, including, but not limited to, Part 77
(commencing with Section 77.1) of Title 14 of the Code of Federal
Regulations, as part of the general and specific plans for the county
and for each affected city.
   (3) If the county does not comply with this subdivision on or
before May 1, 1995, then a commission shall be established in
accordance with this article.
   (e) (1) A commission need not be formed in a county if all of the
following conditions are met:
   (A) The county has only one public use airport that is owned by a
city.
   (B) (i) The county and the affected city adopt the elements in
paragraph (2) of subdivision (d), as part of their general and
specific plans for the county and the affected city.
   (ii) The general and specific plans shall be submitted, upon
adoption, to the Division of Aeronautics. If the county and the
affected city do not submit the elements specified in paragraph (2)
of subdivision (d), on or before May 1, 1996, then a commission shall
be established in accordance with this article.



21670.2.  (a) Sections 21670 and 21670.1 do not apply to the County
of Los Angeles. In that county, the county regional planning
commission has the responsibility for coordinating the airport
planning of public agencies within the county. In instances where
impasses result relative to this planning, an appeal may be made to
the county regional planning commission by any public agency
involved. The action taken by the county regional planning commission
on an appeal may be overruled by a four-fifths vote of the governing
body of a public agency whose planning led to the appeal.
   (b) By January 1, 1992, the county regional planning commission
shall adopt the airport land use compatibility plans required
pursuant to Section 21675.
   (c) Sections 21675.1, 21675.2, and 21679.5 do not apply to the
County of Los Angeles until January 1, 1992. If the airport land use
compatibility plans required pursuant to Section 21675 are not
adopted by the county regional planning commission by January 1,
1992, Sections 21675.1 and 21675.2 shall apply to the County of Los
Angeles until the airport land use compatibility plans are adopted.




21670.3.  (a) Sections 21670 and 21670.1 do not apply to the County
of San Diego. In that county, the San Diego County Regional Airport
Authority, as established pursuant to Section 170002, shall be
responsible for the preparation, adoption, and amendment of an
airport land use compatibility plan for each airport in San Diego
County.
   (b) The San Diego County Regional Airport Authority shall engage
in a public collaborative planning process when preparing and
updating an airport land use compatibility plan.



21670.4.  (a) As used in this section, "intercounty airport" means
any airport bisected by a county line through its runways, runway
protection zones, inner safety zones, inner turning zones, outer
safety zones, or sideline safety zones, as defined by the department'
s Airport Land Use Planning Handbook and referenced in the airport
land use compatibility plan formulated under Section 21675.
   (b) It is the purpose of this section to provide the opportunity
to establish a separate airport land use commission so that an
intercounty airport may be served by a single airport land use
planning agency, rather than having to look separately to the airport
land use commissions of the affected counties.
   (c) In addition to the airport land use commissions created under
Section 21670 or the alternatives established under Section 21670.1,
for their respective counties, the boards of supervisors and city
selection committees for the affected counties, by independent
majority vote of each county's two delegations, for any intercounty
airport, may do either of the following:
   (1) Establish a single separate airport land use commission for
that airport. That commission shall consist of seven members to be
selected as follows:
   (A) One representing the cities in each of the counties, appointed
by that county's city selection committee.
   (B) One representing each of the counties, appointed by the board
of supervisors of each county.
   (C) One from each county having expertise in aviation, appointed
by a selection committee comprised of the managers of all the public
airports within that county.
   (D) One representing the general public, appointed by the other
six members of the commission.
   (2) In accordance with subdivision (a) or (b) of Section 21670.1,
designate an existing appropriate entity as that airport's land use
commission.



21670.6.  Any action brought in the superior court relating to this
article may be subject to a mediation proceeding conducted pursuant
to Chapter 9.3 (commencing with Section 66030) of Division 1 of Title
7 of the Government Code.


21671.  In any county where there is an airport operated for the
general public which is owned by a city or district in another county
or by another county, one of the representatives provided by
paragraph (1) of subdivision (b) of Section 21670 shall be appointed
by the city selection committee of mayors of the cities of the county
in which the owner of that airport is located, and one of the
representatives provided by paragraph (2) of subdivision (b) of
Section 21670 shall be appointed by the board of supervisors of the
county in which the owner of that airport is located.



21671.5.  (a) Except for the terms of office of the members of the
first commission, the term of office of each member shall be four
years and until the appointment and qualification of his or her
successor. The members of the first commission shall classify
themselves by lot so that the term of office of one member is one
year, of two members is two years, of two members is three years, and
of two members is four years. The body that originally appointed a
member whose term has expired shall appoint his or her successor for
a full term of four years. Any member may be removed at any time and
without cause by the body appointing that member. The expiration date
of the term of office of each member shall be the first Monday in
May in the year in which that member's term is to expire. Any vacancy
in the membership of the commission shall be filled for the
unexpired term by appointment by the body which originally appointed
the member whose office has become vacant. The chairperson of the
commission shall be selected by the members thereof.
   (b) Compensation, if any, shall be determined by the board of
supervisors.
   (c) Staff assistance, including the mailing of notices and the
keeping of minutes and necessary quarters, equipment, and supplies
shall be provided by the county. The usual and necessary operating
expenses of the commission shall be a county charge.
   (d) Notwithstanding any other provisions of this article, the
commission shall not employ any personnel either as employees or
independent contractors without the prior approval of the board of
supervisors.
   (e) The commission shall meet at the call of the commission
chairperson or at the request of the majority of the commission
members. A majority of the commission members shall constitute a
quorum for the transaction of business. No action shall be taken by
the commission except by the recorded vote of a majority of the full
membership.
   (f) The commission may establish a schedule of fees necessary to
comply with this article. Those fees shall be charged to the
proponents of actions, regulations, or permits, shall not exceed the
estimated reasonable cost of providing the service, and shall be
imposed pursuant to Section 66016 of the Government Code. Except as
provided in subdivision (g), after June 30, 1991, a commission that
has not adopted the airport land use compatibility plan required by
Section 21675 shall not charge fees pursuant to this subdivision
until the commission adopts the plan.
   (g) In any county that has undertaken by contract or otherwise
completed airport land use compatibility plans for at least one-half
of all public use airports in the county, the commission may continue
to charge fees necessary to comply with this article until June 30,
1992, and, if the airport land use compatibility plans are complete
by that date, may continue charging fees after June 30, 1992. If the
airport land use compatibility plans are not complete by June 30,
1992, the commission shall not charge fees pursuant to subdivision
(f) until the commission adopts the land use plans.



21672.  Each commission shall adopt rules and regulations with
respect to the temporary disqualification of its members from
participating in the review or adoption of a proposal because of
conflict of interest and with respect to appointment of substitute
members in such cases.



21673.  In any county not having a commission or a body designated
to carry out the responsibilities of a commission, any owner of a
public airport may initiate proceedings for the creation of a
commission by presenting a request to the board of supervisors that a
commission be created and showing the need therefor to the
satisfaction of the board of supervisors.



21674.  The commission has the following powers and duties, subject
to the limitations upon its jurisdiction set forth in Section 21676:
   (a) To assist local agencies in ensuring compatible land uses in
the vicinity of all new airports and in the vicinity of existing
airports to the extent that the land in the vicinity of those
airports is not already devoted to incompatible uses.
   (b) To coordinate planning at the state, regional, and local
levels so as to provide for the orderly development of air
transportation, while at the same time protecting the public health,
safety, and welfare.
   (c) To prepare and adopt an airport land use compatibility plan
pursuant to Section 21675.
   (d) To review the plans, regulations, and other actions of local
agencies and airport operators pursuant to Section 21676.
   (e) The powers of the commission shall in no way be construed to
give the commission jurisdiction over the operation of any airport.
   (f) In order to carry out its responsibilities, the commission may
adopt rules and regulations consistent with this article.



21674.5.  (a) The Department of Transportation shall develop and
implement a program or programs to assist in the training and
development of the staff of airport land use commissions, after
consulting with airport land use commissions, cities, counties, and
other appropriate public entities.
   (b) The training and development program or programs are intended
to assist the staff of airport land use commissions in addressing
high priority needs, and may include, but need not be limited to, the
following:
   (1) The establishment of a process for the development and
adoption of airport land use compatibility plans.
   (2) The development of criteria for determining the airport
influence area.
   (3) The identification of essential elements that should be
included in the airport land use compatibility plans.
   (4) Appropriate criteria and procedures for reviewing proposed
developments and determining whether proposed developments are
compatible with the airport use.
   (5) Any other organizational, operational, procedural, or
technical responsibilities and functions that the department
determines to be appropriate to provide to commission staff and for
which it determines there is a need for staff training or
development.
   (c) The department may provide training and development programs
for airport land use commission staff pursuant to this section by any
means it deems appropriate. Those programs may be presented in any
of the following ways:
   (1) By offering formal courses or training programs.
   (2) By sponsoring or assisting in the organization and sponsorship
of conferences, seminars, or other similar events.
   (3) By producing and making available written information.
   (4) Any other feasible method of providing information and
assisting in the training and development of airport land use
commission staff.



21674.7.  (a) An airport land use commission that formulates,
adopts, or amends an airport land use compatibility plan shall be
guided by information prepared and updated pursuant to Section
21674.5 and referred to as the Airport Land Use Planning Handbook
published by the Division of Aeronautics of the Department of
Transportation.
   (b) It is the intent of the Legislature to discourage incompatible
land uses near existing airports. Therefore, prior to granting
permits for the renovation or remodeling of an existing building,
structure, or facility, and before the construction of a new
building, it is the intent of the Legislature that local agencies
shall be guided by the height, use, noise, safety, and density
criteria that are compatible with airport operations, as established
by this article, and referred to as the Airport Land Use Planning
Handbook, published by the division, and any applicable federal
aviation regulations, including, but not limited to, Part 77
(commencing with Section 77.1) of Title 14 of the Code of Federal
Regulations, to the extent that the criteria has been incorporated
into the plan prepared by a commission pursuant to Section 21675.
This subdivision does not limit the jurisdiction of a commission as
established by this article. This subdivision does not limit the
authority of local agencies to overrule commission actions or
recommendations pursuant to Sections 21676, 21676.5, or 21677.




21675.  (a) Each commission shall formulate an airport land use
compatibility plan that will provide for the orderly growth of each
public airport and the area surrounding the airport within the
jurisdiction of the commission, and will safeguard the general
welfare of the inhabitants within the vicinity of the airport and the
public in general. The commission's airport land use compatibility
plan shall include and shall be based on a long-range master plan or
an airport layout plan, as determined by the Division of Aeronautics
of the Department of Transportation, that reflects the anticipated
growth of the airport during at least the next 20 years. In
formulating an airport land use compatibility plan, the commission
may develop height restrictions on buildings, specify use of land,
and determine building standards, including soundproofing adjacent to
airports, within the airport influence area. The airport land use
compatibility plan shall be reviewed as often as necessary in order
to accomplish its purposes, but shall not be amended more than once
in any calendar year.
   (b) The commission shall include, within its airport land use
compatibility plan formulated pursuant to subdivision (a), the area
within the jurisdiction of the commission surrounding any military
airport for all of the purposes specified in subdivision (a). The
airport land use compatibility plan shall be consistent with the
safety and noise standards in the Air Installation Compatible Use
Zone prepared for that military airport. This subdivision does not
give the commission any jurisdiction or authority over the territory
or operations of any military airport.
   (c) The airport influence area shall be established by the
commission after hearing and consultation with the involved agencies.
   (d) The commission shall submit to the Division of Aeronautics of
the department one copy of the airport land use compatibility plan
and each amendment to the plan.
   (e) If an airport land use compatibility plan does not include the
matters required to be included pursuant to this article, the
Division of Aeronautics of the department shall notify the commission
responsible for the plan.



21675.1.  (a) By June 30, 1991, each commission shall adopt the
airport land use compatibility plan required pursuant to Section
21675, except that any county that has undertaken by contract or
otherwise completed airport land use compatibility plans for at least
one-half of all public use airports in the county, shall adopt that
airport land use compatibility plan on or before June 30, 1992.
   (b) Until a commission adopts an airport land use compatibility
plan, a city or county shall first submit all actions, regulations,
and permits within the vicinity of a public airport to the commission
for review and approval. Before the commission approves or
disapproves any actions, regulations, or permits, the commission
shall give public notice in the same manner as the city or county is
required to give for those actions, regulations, or permits. As used
in this section, "vicinity" means land that will be included or
reasonably could be included within the airport land use
compatibility plan. If the commission has not designated an airport
influence area for the airport land use compatibility plan, then
"vicinity" means land within two miles of the boundary of a public
airport.
   (c) The commission may approve an action, regulation, or permit if
it finds, based on substantial evidence in the record, all of the
following:
   (1) The commission is making substantial progress toward the
completion of the airport land use compatibility plan.
   (2) There is a reasonable probability that the action, regulation,
or permit will be consistent with the airport 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 adopted airport land use
compatibility plan if the action, regulation, or permit is ultimately
inconsistent with the airport land use compatibility plan.
   (d) If the commission disapproves an action, regulation, or
permit, the commission shall notify the city or county. The city or
county may overrule the commission, by a two-thirds vote of its
governing body, if it makes specific findings that the proposed
action, regulation, or permit is consistent with the 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 relieve the city or county
from further compliance with this article after the commission adopts
the airport land use compatibility plan.
   (f) If a city or county overrules the commission pursuant to
subdivision (d) with respect to a publicly owned airport that the
city or county does not operate, the operator of the airport is not
liable for damages to property or personal injury resulting from the
city's or county's decision to proceed with the action, regulation,
or permit.
   (g) A commission may adopt rules and regulations that exempt any
ministerial permit for single-family dwellings from the requirements
of subdivision (b) if it makes the findings required pursuant to
subdivision (c) for the proposed rules and regulations, except that
the rules and regulations may not exempt either of the following:
   (1) More than two single-family dwellings by the same applicant
within a subdivision prior to June 30, 1991.
   (2) Single-family dwellings in a subdivision where 25 percent or
more of the parcels are undeveloped.



21675.2.  (a) If a commission fails to act to approve or disapprove
any actions, regulations, or permits within 60 days of receiving the
request pursuant to Section 21675.1, the applicant or his or her
representative may file an action pursuant to Section 1094.5 of the
Code of Civil Procedure to compel the commission to act, and the
court shall give the proceedings preference over all other actions 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 this subdivision has occurred.
If the applicant has provided seven days advance notice to the
commission of the intent to provide public notice pursuant to this
subdivision, then, not earlier than the date of the expiration of the
time limit established by Section 21675.1, an applicant may provide
the required public notice. If the applicant chooses to provide
public notice, that notice shall include a description of the
proposed action, regulation, or permit substantially similar to the
descriptions which are commonly used in public notices by the
commission, the location of any proposed development, the application
number, the name and address of the commission, and a statement that
the action, regulation, or permit shall be deemed approved if the
commission has not acted within 60 days. If the applicant has
provided the public notice specified in this subdivision, the time
limit for action by the commission shall be extended to 60 days after
the public notice is provided. If the applicant provides notice
pursuant to this section, the commission shall refund to the
applicant any fees which were collected for providing notice and
which were not used for that purpose.
   (c) Failure of an applicant to submit complete or adequate
information pursuant to Sections 65943 to 65946, 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, where applicable, public notice and
hearing before acting on an action, regulation, or permit.



21676.  (a) Each local agency whose general plan includes areas
covered by an airport land use compatibility plan shall, by July 1,
1983, submit a copy of its plan or specific plans to the airport land
use commission. The commission shall determine by August 31, 1983,
whether the plan or plans are consistent or inconsistent with the
airport land use compatibility plan. If the plan or plans are
inconsistent with the airport land use compatibility plan, the local
agency shall be notified and that local agency shall have another
hearing to reconsider its airport land use compatibility plans. The
local agency may propose to overrule the commission after the hearing
by a two-thirds vote of its governing body if it makes specific
findings that the proposed action is consistent with the purposes of
this article stated in Section 21670. At least 45 days prior to the
decision to overrule the commission, the local agency governing body
shall provide the commission and the division a copy of the proposed
decision and findings. The commission and the division may provide
comments to the local agency governing body within 30 days of
receiving the proposed decision and findings. If the commission or
the division's comments are not available within this time limit, the
local agency governing body may act without them. The comments by
the division or the commission are advisory to the local agency
governing body. The local agency governing body shall include
comments from the commission and the division in the final record of
any final decision to overrule the commission, which may only be
adopted by a two-thirds vote of the governing body.
   (b) Prior to the amendment of a general plan or specific plan, or
the adoption or approval of a zoning ordinance or building regulation
within the planning boundary established by the airport land use
commission pursuant to Section 21675, the local agency shall first
refer the proposed action to the commission. If the commission
determines that the proposed action is inconsistent with the
commission's plan, the referring agency shall be notified. The local
agency may, after a public hearing, propose to overrule the
commission by a two-thirds vote of its governing body if it makes
specific findings that the proposed action is consistent with the
purposes of this article stated in Section 21670. At least 45 days
prior to the decision to overrule the commission, the local agency
governing body shall provide the commission and the division a copy
of the proposed decision and findings. The commission and the
division may provide comments to the local agency governing body
within 30 days of receiving the proposed decision and findings. If
the commission or the division's comments are not available within
this time limit, the local agency governing body may act without
them. The comments by the division or the commission are advisory to
the local agency governing body. The local agency governing body
shall include comments from the commission and the division in the
public record of any final decision to overrule the commission, which
may only be adopted by a two-thirds vote of the governing body.
   (c) Each public agency owning any airport within the boundaries of
an airport land use compatibility plan shall, prior to modification
of its airport master plan, refer any proposed change to the airport
land use commission. If the commission determines that the proposed
action is inconsistent with the commission's plan, the referring
agency shall be notified. The public agency may, after a public
hearing, propose to overrule the commission by a two-thirds vote of
its governing body if it makes specific findings that the proposed
action is consistent with the purposes of this article stated in
Section 21670. At least 45 days prior to the decision to overrule the
commission, the public agency governing body shall provide the
commission and the division a copy of the proposed decision and
findings. The commission and the division may provide comments to the
public agency governing body within 30 days of receiving the
proposed decision and findings. If the commission or the division's
comments are not available within this time limit, the public agency
governing body may act without them. The comments by the division or
the commission are advisory to the public agency governing body. The
public agency governing body shall include comments from the
commission and the division in the final decision to overrule the
commission, which may only be adopted by a two-thirds vote of the
governing body.
   (d) Each commission determination pursuant to subdivision (b) or
(c) shall be made within 60 days from the date of referral of the
proposed action. If a commission fails to make the determination
within that period, the proposed action shall be deemed consistent
with the airport land use compatibility plan.



21676.5.  (a) If the commission finds that a local agency has not
revised its general plan or specific plan or overruled the commission
by a two-thirds vote of its governing body after making specific
findings that the proposed action is consistent with the purposes of
this article as stated in Section 21670, the commission may require
that the local agency submit all subsequent actions, regulations, and
permits to the commission for review until its general plan or
specific plan is revised or the specific findings are made. If, in
the determination of the commission, an action, regulation, or permit
of the local agency is inconsistent with the airport land use
compatibility plan, the local agency shall be notified and that local
agency shall hold a hearing to reconsider its plan. The local agency
may propose to overrule the commission after the hearing by a
two-thirds vote of its governing body if it makes specific findings
that the proposed action is consistent with the purposes of this
article as stated in Section 21670. At least 45 days prior to the
decision to overrule the commission, the local agency governing body
shall provide the commission and the division a copy of the proposed
decision and findings. The commission and the division may provide
comments to the local agency governing body within 30 days of
receiving the proposed decision and findings. If the commission or
the division's comments are not available within this time limit, the
local agency governing body may act without them. The comments by
the division or the commission are advisory to the local agency
governing body. The local agency governing body shall include
comments from the commission and the division in the final decision
to overrule the commission, which may only be adopted by a two-thirds
vote of the governing body.
   (b) Whenever the local agency has revised its general plan or
specific plan or has overruled the commission pursuant to subdivision
(a), the proposed action of the local agency shall not be subject to
further commission review, unless the commission and the local
agency agree that individual projects shall be reviewed by the
commission.



21677.  Notwithstanding the two-thirds vote required by Section
21676, any public agency in the County of Marin may overrule the
Marin County Airport Land Use Commission by a majority vote of its
governing body. At least 45 days prior to the decision to overrule
the commission, the public agency governing body shall provide the
commission and the division a copy of the proposed decision and
findings. The commission and the division may provide comments to the
public agency governing body within 30 days of receiving the
proposed decision and findings. If the commission or the division's
comments are not available within this time limit, the public agency
governing body may act without them. The comments by the division or
the commission are advisory to the public agency governing body. The
public agency governing body shall include comments from the
commission and the division in the public record of the final
decision to overrule the commission, which may be adopted by a
majority vote of the governing body.



21678.  With respect to a publicly owned airport that a public
agency does not operate, if the public agency pursuant to Section
21676, 21676.5, or 21677 overrules a commission's action or
recommendation, the operator of the airport shall be immune from
liability for damages to property or personal injury caused by or
resulting directly or indirectly from the public agency's decision to
overrule the commission's action or recommendation.



21679.  (a) In any county in which there is no airport land use
commission or other body designated to assume the responsibilities of
an airport land use commission, or in which the commission or other
designated body has not adopted an airport land use compatibility
plan, an interested party may initiate proceedings in a court of
competent jurisdiction to postpone the effective date of a zoning
change, a zoning variance, the issuance of a permit, or the adoption
of a regulation by a local agency, that directly affects the use of
land within one mile of the boundary of a public airport within the
county.
   (b) The court may issue an injunction that postpones the effective
date of the zoning change, zoning variance, permit, or regulation
until the governing body of the local agency that took the action
does one of the following:
   (1) In the case of an action that is a legislative act, adopts a
resolution declaring that the proposed action is consistent with the
purposes of this article stated in Section 21670.
   (2) In the case of an action that is not a legislative act, adopts
a resolution making findings based on substantial evidence in the
record that the proposed action is consistent with the purposes of
this article stated in Section 21670.
   (3) Rescinds the action.
   (4) Amends its action to make it consistent with the purposes of
this article stated in Section 21670, and complies with either
paragraph (1) or (2), whichever is applicable.
   (c) The court shall not issue an injunction pursuant to
subdivision (b) if the local agency that took the action demonstrates
that the general plan and any applicable specific plan of the agency
accomplishes the purposes of an airport land use compatibility plan
as provided in Section 21675.
   (d) An action brought pursuant to subdivision (a) shall be
commenced within 30 days of the decision or within the appropriate
time periods set by Section 21167 of the Public Resources Code,
whichever is longer.
   (e) If the governing body of the local agency adopts a resolution
pursuant to subdivision (b) with respect to a publicly owned airport
that the local agency does not operate, the operator of the airport
shall be immune from liability for damages to property or personal
injury from the local agency's decision to proceed with the zoning
change, zoning variance, permit, or regulation.
   (f) As used in this section, "interested party" means any owner of
land within two miles of the boundary of the airport or any
organization with a demonstrated interest in airport safety and
efficiency.



21679.5.  (a) Until June 30, 1991, no action pursuant to Section
21679 to postpone the effective date of a zoning change, a zoning
variance, the issuance of a permit, or the adoption of a regulation
by a local agency, directly affecting the use of land within one mile
of the boundary of a public airport, shall be commenced in any
county in which the commission or other designated body has not
adopted an airport land use compatibility plan, but is making
substantial progress toward the completion of the airport land use
compatibility plan.
   (b) If a commission has been prevented from adopting the airport
land use compatibility plan by June 30, 1991, or if the adopted
airport land use compatibility plan could not become effective,
because of a lawsuit involving the adoption of the airport land use
compatibility plan, the June 30, 1991, date in subdivision (a) shall
be extended by the period of time during which the lawsuit was
pending in a court of competent jurisdiction.
   (c) Any action pursuant to Section 21679 commenced prior to
January 1, 1990, in a county in which the commission or other
designated body has not adopted an airport land use compatibility
plan, but is making substantial progress toward the completion of the
airport land use compatibility plan, which has not proceeded to
final judgment, shall be held in abeyance until June 30, 1991. If the
commission or other designated body adopts an airport land use
compatibility plan on or before June 30, 1991, the action shall be
dismissed. If the commission or other designated body does not adopt
an airport land use compatibility plan on or before June 30, 1991,
the plaintiff or plaintiffs may proceed with the action.
   (d) An action to postpone the effective date of a zoning change, a
zoning variance, the issuance of a permit, or the adoption of a
regulation by a local agency, directly affecting the use of land
within one mile of the boundary of a public airport for which an
airport land use compatibility plan has not been adopted by June 30,
1991, shall be commenced within 30 days of June 30, 1991, or within
30 days of the decision by the local agency, or within the
appropriate time periods set by Section 21167 of the Public Resources
Code, whichever date is later.