California Legislature—2013–14 Regular Session

Assembly BillNo. 2117


Introduced by Assembly Member Achadjian

February 20, 2014


An act to amend Section 65302 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 2117, as introduced, Achadjian. Land use: general plan: noise element.

The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a noise element that identifies and appraises noise problems in the community. Existing law requires the noise element to recognize the guidelines established by the Office of Noise Control and to analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for specified sources.

This bill would eliminate the requirement that the noise element recognize the guidelines established by the Office of Noise Control.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 65302 of the Government Code is
2amended to read:

3

65302.  

The general plan shall consist of a statement of
4development policies and shall include a diagram or diagrams and
P2    1text setting forth objectives, principles, standards, and plan
2proposals. The plan shall include the following elements:

3(a) A land use element that designates the proposed general
4distribution and general location and extent of the uses of the land
5for housing, business, industry, open space, including agriculture,
6natural resources, recreation, and enjoyment of scenic beauty,
7education, public buildings and grounds, solid and liquid waste
8disposal facilities, and other categories of public and private uses
9of land. The location and designation of the extent of the uses of
10the land for public and private uses shall consider the identification
11of land and natural resources pursuant to paragraph (3) of
12subdivision (d). The land use element shall include a statement of
13the standards of population density and building intensity
14recommended for the various districts and other territory covered
15by the plan. The land use element shall identify and annually
16review those areas covered by the plan that are subject to flooding
17identified by flood plain mapping prepared by the Federal
18Emergency Management Agency (FEMA) or the Department of
19Water Resources. The land use element shall also do both of the
20following:

21(1) Designate in a land use category that provides for timber
22production those parcels of real property zoned for timberland
23production pursuant to the California Timberland Productivity Act
24of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1
25of Division 1 of Title 5).

26(2) Consider the impact of new growth on military readiness
27activities carried out on military bases, installations, and operating
28and training areas, when proposing zoning ordinances or
29designating land uses covered by the general plan for land, or other
30territory adjacent to military facilities, or underlying designated
31military aviation routes and airspace.

32(A) In determining the impact of new growth on military
33readiness activities, information provided by military facilities
34shall be considered. Cities and counties shall address military
35impacts based on information from the military and other sources.

36(B) The following definitions govern this paragraph:

37(i) “Military readiness activities” mean all of the following:

38(I) Training, support, and operations that prepare the men and
39women of the military for combat.

P3    1(II) Operation, maintenance, and security of any military
2installation.

3(III) Testing of military equipment, vehicles, weapons, and
4sensors for proper operation or suitability for combat use.

5(ii) “Military installation” means a base, camp, post, station,
6yard, center, homeport facility for any ship, or other activity under
7the jurisdiction of the United States Department of Defense as
8defined in paragraph (1) of subsection (e) of Section 2687 of Title
910 of the United States Code.

10(b) (1) A circulation element consisting of the general location
11and extent of existing and proposed major thoroughfares,
12transportation routes, terminals, any military airports and ports,
13and other local public utilities and facilities, all correlated with the
14land use element of the plan.

15(2) (A) Commencing January 1, 2011, upon any substantive
16revision of the circulation element, the legislative body shall
17modify the circulation element to plan for a balanced, multimodal
18transportation network that meets the needs of all users of streets,
19roads, and highways for safe and convenient travel in a manner
20that is suitable to the rural, suburban, or urban context of the
21general plan.

22(B) For purposes of this paragraph, “users of streets, roads, and
23highways” mean bicyclists, children, persons with disabilities,
24motorists, movers of commercial goods, pedestrians, users of public
25transportation, and seniors.

26(c) A housing element as provided in Article 10.6 (commencing
27with Section 65580).

28(d) (1) A conservation element for the conservation,
29development, and utilization of natural resources including water
30and its hydraulic force, forests, soils, rivers and other waters,
31harbors, fisheries, wildlife, minerals, and other natural resources.
32The conservation element shall consider the effect of development
33within the jurisdiction, as described in the land use element, on
34natural resources located on public lands, including military
35installations. That portion of the conservation element including
36waters shall be developed in coordination with any countywide
37water agency and with all district and city agencies, including
38flood management, water conservation, or groundwater agencies
39that have developed, served, controlled, managed, or conserved
40water of any type for any purpose in the county or city for which
P4    1the plan is prepared. Coordination shall include the discussion and
2evaluation of any water supply and demand information described
3in Section 65352.5, if that information has been submitted by the
4water agency to the city or county.

5(2) The conservation element may also cover all of the
6following:

7(A) The reclamation of land and waters.

8(B) Prevention and control of the pollution of streams and other
9waters.

10(C) Regulation of the use of land in stream channels and other
11areas required for the accomplishment of the conservation plan.

12(D) Prevention, control, and correction of the erosion of soils,
13beaches, and shores.

14(E) Protection of watersheds.

15(F) The location, quantity and quality of the rock, sand, and
16 gravel resources.

17(3) Upon the next revision of the housing element on or after
18January 1, 2009, the conservation element shall identify rivers,
19creeks, streams, flood corridors, riparian habitats, and land that
20may accommodate floodwater for purposes of groundwater
21recharge and stormwater management.

22(e) An open-space element as provided in Article 10.5
23(commencing with Section 65560).

24(f) (1) A noise element that shall identify and appraise noise
25problems in the community. The noise element shallbegin delete recognize the
26guidelines established by the Office of Noise Control and shallend delete

27 analyze and quantify, to the extent practicable, as determined by
28the legislative body, current and projected noise levels for all of
29the following sources:

30(A) Highways and freeways.

31(B) Primary arterials and major local streets.

32(C) Passenger and freight online railroad operations and ground
33rapid transit systems.

34(D) Commercial, general aviation, heliport, helistop, and military
35airport operations, aircraft overflights, jet engine test stands, and
36all other ground facilities and maintenance functions related to
37airport operation.

38(E) Local industrial plants, including, but not limited to, railroad
39classification yards.

P5    1(F) Other ground stationary noise sources, including, but not
2limited to, military installations, identified by local agencies as
3 contributing to the community noise environment.

4(2) Noise contours shall be shown for all of these sources and
5stated in terms of community noise equivalent level (CNEL) or
6day-night average level (Ldn). The noise contours shall be prepared
7on the basis of noise monitoring or following generally accepted
8noise modeling techniques for the various sources identified in
9paragraphs (1) to (6), inclusive.

10(3) The noise contours shall be used as a guide for establishing
11a pattern of land uses in the land use element that minimizes the
12exposure of community residents to excessive noise.

13(4) The noise element shall include implementation measures
14and possible solutions that address existing and foreseeable noise
15problems, if any. The adopted noise element shall serve as a
16guideline for compliance with the state’s noise insulation standards.

17(g) (1) A safety element for the protection of the community
18from any unreasonable risks associated with the effects of
19seismically induced surface rupture, ground shaking, ground
20failure, tsunami, seiche, and dam failure; slope instability leading
21to mudslides and landslides; subsidence; liquefaction; and other
22seismic hazards identified pursuant to Chapter 7.8 (commencing
23with Section 2690) of Division 2 of the Public Resources Code,
24and other geologic hazards known to the legislative body; flooding;
25and wildland and urban fires. The safety element shall include
26mapping of known seismic and other geologic hazards. It shall
27also address evacuation routes, military installations, peakload
28water supply requirements, and minimum road widths and
29clearances around structures, as those items relate to identified fire
30and geologic hazards.

31(2) The safety element, upon the next revision of the housing
32element on or after January 1, 2009, shall also do the following:

33(A) Identify information regarding flood hazards, including,
34but not limited to, the following:

35(i) Flood hazard zones. As used in this subdivision, “flood
36hazard zone” means an area subject to flooding that is delineated
37as either a special hazard area or an area of moderate or minimal
38hazard on an official flood insurance rate map issued by the Federal
39Emergency Management Agency (FEMA). The identification of
40a flood hazard zone does not imply that areas outside the flood
P6    1hazard zones or uses permitted within flood hazard zones will be
2free from flooding or flood damage.

3(ii) National Flood Insurance Program maps published by
4FEMA.

5(iii) Information about flood hazards that is available from the
6United States Army Corps of Engineers.

7(iv) Designated floodway maps that are available from the
8Central Valley Flood Protection Board.

9(v) Dam failure inundation maps prepared pursuant to Section
108589.5 that are available from the Office of Emergency Services.

11(vi) Awareness Floodplain Mapping Program maps and 200-year
12flood plain maps that are or may be available from, or accepted
13by, the Department of Water Resources.

14(vii) Maps of levee protection zones.

15(viii) Areas subject to inundation in the event of the failure of
16project or nonproject levees or floodwalls.

17(ix) Historical data on flooding, including locally prepared maps
18of areas that are subject to flooding, areas that are vulnerable to
19flooding after wildfires, and sites that have been repeatedly
20damaged by flooding.

21(x) Existing and planned development in flood hazard zones,
22including structures, roads, utilities, and essential public facilities.

23(xi) Local, state, and federal agencies with responsibility for
24flood protection, including special districts and local offices of
25emergency services.

26(B) Establish a set of comprehensive goals, policies, and
27objectives based on the information identified pursuant to
28subparagraph (A), for the protection of the community from the
29unreasonable risks of flooding, including, but not limited to:

30(i) Avoiding or minimizing the risks of flooding to new
31development.

32(ii) Evaluating whether new development should be located in
33flood hazard zones, and identifying construction methods or other
34methods to minimize damage if new development is located in
35flood hazard zones.

36(iii) Maintaining the structural and operational integrity of
37essential public facilities during flooding.

38(iv) Locating, when feasible, new essential public facilities
39outside of flood hazard zones, including hospitals and health care
40facilities, emergency shelters, fire stations, emergency command
P7    1centers, and emergency communications facilities or identifying
2construction methods or other methods to minimize damage if
3these facilities are located in flood hazard zones.

4(v) Establishing cooperative working relationships among public
5agencies with responsibility for flood protection.

6(C) Establish a set of feasible implementation measures designed
7to carry out the goals, policies, and objectives established pursuant
8to subparagraph (B).

9(3) Upon the next revision of the housing element on or after
10January 1, 2014, the safety element shall be reviewed and updated
11as necessary to address the risk of fire for land classified as state
12responsibility areas, as defined in Section 4102 of the Public
13Resources Code, and land classified as very high fire hazard
14severity zones, as defined in Section 51177. This review shall
15consider the advice included in the Office of Planning and
16Research’s most recent publication of “Fire Hazard Planning,
17General Technical Advice Series” and shall also include all of the
18following:

19(A) Information regarding fire hazards, including, but not limited
20to, all of the following:

21(i) Fire hazard severity zone maps available from the Department
22of Forestry and Fire Protection.

23(ii)  Any historical data on wildfires available from local
24agencies or a reference to where the data can be found.

25(iii) Information about wildfire hazard areas that may be
26available from the United States Geological Survey.

27(iv) General location and distribution of existing and planned
28uses of land in very high fire hazard severity zones and in state
29responsibility areas, including structures, roads, utilities, and
30essential public facilities. The location and distribution of planned
31uses of land shall not require defensible space compliance measures
32required by state law or local ordinance to occur on publicly owned
33lands or open space designations of homeowner associations.

34(v) Local, state, and federal agencies with responsibility for fire
35protection, including special districts and local offices of
36emergency services.

37(B) A set of goals, policies, and objectives based on the
38information identified pursuant to subparagraph (A) for the
39protection of the community from the unreasonable risk of wildfire.

P8    1(C) A set of feasible implementation measures designed to carry
2out the goals, policies, and objectives based on the information
3identified pursuant to subparagraph (B) including, but not limited
4to, all of the following:

5(i) Avoiding or minimizing the wildfire hazards associated with
6new uses of land.

7(ii) Locating, when feasible, new essential public facilities
8outside of high fire risk areas, including, but not limited to,
9hospitals and health care facilities, emergency shelters, emergency
10command centers, and emergency communications facilities, or
11identifying construction methods or other methods to minimize
12damage if these facilities are located in a state responsibility area
13or very high fire hazard severity zone.

14(iii) Designing adequate infrastructure if a new development is
15located in a state responsibility area or in a very high fire hazard
16severity zone, including safe access for emergency response
17vehicles, visible street signs, and water supplies for structural fire
18suppression.

19(iv) Working cooperatively with public agencies with
20responsibility for fire protection.

21(D) If a city or county has adopted a fire safety plan or document
22separate from the general plan, an attachment of, or reference to,
23a city or county’s adopted fire safety plan or document that fulfills
24commensurate goals and objectives and contains information
25required pursuant to this paragraph.

26(4) After the initial revision of the safety element pursuant to
27paragraphs (2) and (3), upon each revision of the housing element,
28the planning agency shall review and, if necessary, revise the safety
29element to identify new information that was not available during
30the previous revision of the safety element.

31(5) Cities and counties that have flood plain management
32ordinances that have been approved by FEMA that substantially
33comply with this section, or have substantially equivalent
34provisions to this subdivision in their general plans, may use that
35information in the safety element to comply with this subdivision,
36and shall summarize and incorporate by reference into the safety
37element the other general plan provisions or the flood plain
38ordinance, specifically showing how each requirement of this
39subdivision has been met.

P9    1(6) Prior to the periodic review of its general plan and prior to
2preparing or revising its safety element, each city and county shall
3consult the California Geological Survey of the Department of
4Conservation, the Central Valley Flood Protection Board, if the
5city or county is located within the boundaries of the Sacramento
6and San Joaquin Drainage District, as set forth in Section 8501 of
7the Water Code, and the Office of Emergency Services for the
8purpose of including information known by and available to the
9department, the agency, and the board required by this subdivision.

10(7) To the extent that a county’s safety element is sufficiently
11detailed and contains appropriate policies and programs for
12adoption by a city, a city may adopt that portion of the county’s
13safety element that pertains to the city’s planning area in
14satisfaction of the requirement imposed by this subdivision.



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