Referral Area Policies

According to State law, after the ALUC has found a local jurisdiction’s general plan and specific plans to be consistent with the ALUC’s Comprehensive Airport Land Use Plan, the local jurisdiction must submit proposed amendments to its general plan and specific plans and new zoning ordinances and building regulations to the ALUC for review. If the ALUC finds the proposal to be inconsistent with the Comprehensive Airport Land Use Plan, the local agency may, after a public hearing, overrule the ALUC by a two-thirds vote of its governing body after making specific findings that the amendment is consistent with the purposes of the State law. If the ALUC 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, the ALUC 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. (See Public Utilities Code, Chapter 4, Article 3.5, Section 21676(b).)

Public agencies owning any airport within the ALUC jurisdiction must also submit new or proposed revisions to the airport master plan to the ALUC for its review. If the ALUC finds that the proposed plan is inconsistent with the CALUP, the governing body of the airport may overrule the ALUC as noted above. (See Section 21676(c).)

Section 65302.3 of the Government Code requires general plans and applicable specific plans to be consistent with the amended CALUPs. The ALUC must review these documents noting whether or not they are consistent with the CALUP, as amended. If they are not consistent, the local government must amend its general and specific plans within 180 days. The local jurisdiction may overrule the ALUC as discussed above.

Projects requiring FAA Notice of Construction or Alteration within the secondary referral area shall be referred to the Airport Land Use Committee for review. Any proposed general and specific plan amendments or proposed zoning and building ordinances which would increase structural height within the secondary referral area so as to potentially cause penetrations of the Part 77 surfaces shall be referred to the Airport Land Use Commission for consistency determination.