Amended in Senate April 23, 2013

Amended in Senate April 1, 2013

Senate BillNo. 758


Introduced by Senator Block

February 22, 2013


An act tobegin delete add Section 21670.5 to the Public Utilitiesend deletebegin insert add and repeal Section 65302.11 of the Governmentend insert Code, relating tobegin delete airportsend deletebegin insert land useend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 758, as amended, Block. begin deleteSan Diego County Regional Airport Authority: joint land use study. end deletebegin insertGeneral plans: City of Coronado.end insert

The State Aeronautics Act governs the creation and operation of airports in this state. The act provides for the establishment of county airport land use commissions to carry out various requirements, including the formulation of a comprehensive land use compatibility plan to provide for the orderly growth of airports and the area surrounding airports within the jurisdiction of the commission, and to safeguard the general welfare of the inhabitants within the vicinity of an airport and the public in general. The act requires each county in which there is an airport served by a scheduled airline, with certain exceptions, to establish an airport land use commission. The act requires the commission to include, within its airport land use compatibility plan, the area within the jurisdiction of the commission surrounding any military airport for specified purposes.

Existing law exempts the County of San Diego from the requirement to establish a commission and, instead, makes the San Diego County Regional Airport Authority responsible for the preparation, adoption, and amendment of an airport land use compatibility plan for each airport in San Diego County.

begin delete

This bill would postpone the preparation of an airport land use compatibility plan for the City of Coronado and the United States Naval Air Station North Island by the San Diego Regional Airport Authority as the airport land use commission until a joint land use study is completed by the City of Coronado, the United States Navy, and the San Diego Regional Airport Authority. By requiring the local airport land use commission to postpone the preparation of its airport land use compatibility plan, the bill would impose a state-mandated local program.

end delete
begin insert

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 circulation safety element consisting of the general location and extent of existing and proposed major thoroughfares, including military airports. This law requires the general plan, and any applicable specific plan, to be amended within 180 days of any amendment to the airport land use compatibility plan.

end insert
begin insert

This bill would, until January 1, 2015, instead require the general plan, and any applicable specific plan, for the City of Coronado to be amended, as necessary, within 540 days of any amendment to the airport land use compatibility plan.

end insert

The bill would make legislative findings and declarations as to the necessity of a special statute for the City of Coronado.

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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.

end delete
begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

begin deleteP2    1

SECTION 1.  

Section 21670.5 is added to the Public Utilities
2Code
, to read:

3

21670.5.  

Notwithstanding Sections 21670.3 and 21675, the
4San Diego Regional Airport Authority as the airport land use
5commission for San Diego County shall postpone the preparation
P3    1of an airport land use compatibility plan (ALUCP) for the City of
2Coronado and the United States Naval Air Station North Island
3until a joint land use study (JLUS) is completed by the City of
4Coronado, the United States Navy, and the San Diego Regional
5Airport Authority. In preparing the ALUCP, the authority may
6incorporate the recommendations of the JLUS.

end delete
7begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 65302.11 is added to the end insertbegin insertGovernment
8Code
end insert
begin insert, to read:end insert

begin insert
9

begin insert65302.11.end insert  

(a) Notwithstanding subdivision (b) of Section
1065302.3, the general plan, and any applicable specific plan, for
11the City of Coronado shall be amended, as necessary, within 540
12days of any amendment to the plan required under Section 21675
13of the Public Utilities Code if the amendment is made prior to
14January 1, 2015.

15(b) This section shall remain in effect only until January 1, 2017,
16and as of that date is repealed, unless a later enacted statute, that
17is enacted before January 1, 2017, deletes or extends that date.

end insert
18

SEC. 2.  

The Legislature finds and declares that a special law
19is necessary and that a general law cannot be made applicable
20within the meaning of Section 16 of Article IV of the California
21Constitution because of the unique island location of the City of
22Coronado and its proximity to large military installations.begin insert In
23addition, the complexities of amending a general plan and a local
24coastal plan for the City of Coronado will take significantly longer
25than six months.end insert

begin delete
26

SEC. 3.  

If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.

end delete


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