[CPEO-MEF] California law promotes planning re encroachment

[cpeo <cpeo@cpeo.org>]

[POSTED BY Lenny Siegel] 

On September 26, 2002, Governor Gray Davis of California signed Senate
Bill 1468, one of at least two major pieces of California legislation
designed to minimize the negative impact of urban growth on military
readiness activities within the state. Sponsored by the Navy on behalf
of all the armed services, and passed with the cooperation of a wide
range of stakeholder groups, this approach may serve as a national model
for incorporating readiness concerns into local planning.

SB 1468 takes effect on January 1, 2003, but nothing substantial is
likely to happen until the state and Defense Department negotiate a
mechanism of reimbursement.

***

LEGISLATIVE COUNSEL'S DIGEST

SB 1468, Knight.  General plans:  military facilities.

(1) The Planning and Zoning Law requires that a city or county general
plan consist of various elements, including, among other things, land
use, circulation, housing, open space, and conservation elements, which
are required to meet specified requirements.

This bill would require the land use element to consider the impact of
new growth on military readiness activities carried out on military
bases, installations, and operating and training areas, when proposing
zoning ordinances or designating land uses covered by the general plan
for land or other territory adjacent to those military facilities, or
underlying designated military aviation routes and airspace.  The bill
would, with respect to the open-space element, define open-space land to
include areas adjacent to military installations, military training
routes, and restricted airspace.

The bill would also require the circulation element to consist of the
general location and extent of existing and proposed military airports
and ports.  The bill would also provide that a city or county is not
required to comply with these provisions until a specified agreement is
entered into between the federal government and the state to fully
reimburse all claims approved by the Commission on State Mandates and
paid by the Controller that cities and counties would be eligible to
file as a result of the enactment of this bill and until the city's or
county's next general plan revision.  It would make these provisions
inoperative on the January 1 following the date that this agreement is
terminated.

By increasing the duties of local agency officials, the bill would
impose a state-mandated local program.

(2) Existing law establishes the Governor's Office of Planning and
Research as the comprehensive state planning agency, responsible for
long-range planning with responsibilities to, among other things,
provide planning assistance to city and county planning agencies. The
office is required to develop and adopt guidelines for the preparation
and content of the mandatory elements required in city and county
general plans.

This bill would require the office, on or before January 1, 2004, if
sufficient federal funds become available, to prepare and publish an
advisory planning handbook for local officials, planners, and builders,
and to develop and adopt guidelines that, among other things, explain
how to reduce land use conflicts between the effects of civilian
development and military readiness activities carried out on specified
military installations and areas.

(3) Existing law requires the California Public Utilities Commission to
formulate a comprehensive land use plan that provides, among other
things, for the orderly growth of public airports and the area
surrounding the airport that is within the jurisdiction of the
commission.  The plan may include the area within the jurisdiction of
the commission surrounding any federal military airport.

This bill instead would require that the area within the jurisdiction of
the commission surrounding any military airport be included in the plan,
and would require that the plan be consistent with the safety and noise
standards in the Air Installation Compatible Use Zone prepared for that
military airport.  The bill would also require that a county's general
plan and any applicable specific plan be consistent with these safety
and noise standards in each county where an airport land use commission
does not exist, but where there is a military airport.

(4) This bill also would incorporate additional changes in Section
65040.2 of the Government Code proposed by AB 2175, to be operative if
AB 2175 and this bill are both enacted and become effective on or before
January 1, 2003, and this bill is enacted last.

This bill also would incorporate additional changes in Section 65560 of
the Government Code proposed by AB 3057, to be operative if AB 3057 and
this bill are both enacted and become effective on or before January 1,
2003, and this bill is enacted last.   (5) The California Constitution
requires the state to reimburse local agencies and school districts for
certain costs mandated by the state.  Statutory provisions establish
procedures for making that reimbursement, including the creation of a
State Mandates Claims Fund to pay the costs of mandates that do not
exceed $1,000,000 statewide and other procedures for claims whose
statewide costs exceed $1,000,000.

This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these statutory
provisions. 


***

For the entire bill, see
http://info.sen.ca.gov/pub/bill/sen/sb_1451-1500/sb_1468_bill_20020927_chaptered.html
or 
http://info.sen.ca.gov/pub/bill/sen/sb_1451-1500/sb_1468_bill_20020927_chaptered.pdf

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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