BILL ANALYSIS                                                                                                                                                                                                    Ó




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  SB 758                      HEARING:  5/1/13
          AUTHOR:  Block                        FISCAL:  Yes
          VERSION:  4/23/13                     TAX LEVY:  No
          CONSULTANT:  Lui                      

                  SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY
          

          Extends, from 180 days to 540 days, the amount of time the  
          City of Coronado can take to amend its general plan after  
          an amendment to the airport land use compatibility plan. 
            

                           Background and Existing Law  

          Every county and city must adopt a general plan for the  
          physical development of its jurisdiction and related areas.  
           Major land use decisions, like zoning, subdivisions, and  
          public works, must be consistent with the local general  
          plan.  Each general plan must contain at least seven  
          elements: land use, circulation, conservation, open-space,  
          housing, noise, and safety.  State law also requires  
          general plans to address other topics based on the  
          community's location, like coastal resources, seismic  
          hazards, or floodplains.  Except for the housing element,  
          the Planning and Zoning Law does not require counties and  
          cities to regularly revise their general plans.  

          If a general plan covers a public airport, counties and  
          cities must amend their plans to be consistent with an  
          airport land use commission (ALUC)'s adopted airport land  
          use compatibility plan (ALUCP), which guides appropriate  
          land uses around airports.   For a military air  
          installation, military officials adopt an Air Installation  
          Compatible Use Zone (AICUZ) for each airfield to define  
          potential accident zones and noise contours.  

          In 2002, to address urban encroachment impacts on military  
          activities, the Legislature required county and city  
          general plans to address military facilities, and required  
          an ALUCP be consistent with safety and noise standards in  
          the AICUZ (SB 1468, Knight).  Once an AICUZ is released,  
          the ALUC is responsible for amending the ALUCP.  State law  
          requires that within 180 days of the ALUCP's amendment,  




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          counties and cities must either amend their general plans,  
          and other applicable plans, to be consistent with the  
          ALUCP, or take steps necessary to overrule the ALUCP by  
          adopting specified findings, as required in state law.  

          In 2011, the U.S. Department of Defense completed its AICUZ  
          update for Naval Airstation North Island and Naval Outlying  
          Landing Field Imperial Beach.  These two airfields are part  
          of Naval Base Coronado.  San Diego County Regional Airport  
          Authority (San Diego County's Airport Land Use Commission)  
          has not started the ALUCP process for Naval Base Coronado.   
          In anticipation of possible zoning and land use changes  
          that would be required to be consistent with the upcoming  
          ALUCP, the City of Coronado would like more time to amend  
          its general plan and local coastal plan. 


                                   Proposed Law  

          SB 758 requires that the City of Coronado's general plan,  
          and any applicable specific plan, be amended, as necessary,  
          within 540 days of any amendment to the airport land use  
          compatibility plan, if the amendment is made prior to  
          January 1, 2015.

          SB 758 provides that this extension remains in effect only  
          until January 1, 2017, and as of that is repealed, unless a  
          later enacted statute, enacted before January 1, 2017,  
          deletes or extends that date. 

          The bill makes findings and declarations to support its  
          purpose. 


                               State Revenue Impact
           
          No estimate. 


                                     Comments  

          1.   Purpose of the bill  .  Due to its unique characteristic  
          as an island community and existence prior to Naval Base  
          Coronado, the City of Coronado would like more time to  
          incorporate the ALUCP into its general plan and associated  
          documents, like its local coastal plan.  Because the 2002  





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          Knight legislation required an airport land use  
          commission's ALUCP be consistent with Navy's AICUZ  
          document, the City's existing zoning regulations and land  
          uses may have significant residential and commercial  
          development conflicts.  Since the last AICUZ in 1984,  
          approximately 374 single-family homes, 40 multi-family  
          units, four commercial structures, and 14 hotel structures,  
          including Hotel del Coronado, are located in Accident  
          Potential Zone 1.  Without a change in state law,  
          proponents argue that San Diego Airport Authority won't  
          have the ability to develop an ALUCP that addresses the  
          City's uniqueness.   

          2.   Forecasting  .  A longtime Senate consultant once said,  
          "If you want to control local plans, you should make plans  
          locally."  SB 758 anticipates potential roadblocks during  
          the ALUCP process, which has not yet started for Naval Base  
          Coronado, and asks the Legislature to extend the City of  
          Coronado's time to amend its general plan after an ALUCP is  
          released.  The Knight bill intended to prevent land use  
          conflicts between local communities and military  
          installations and training activities.  But proponents  
          argue that the Navy's AICUZ, in serving as the basis for  
          San Diego County Regional Airport Authority's ALUCP,  
          ultimately undermines local control and discretion.  Should  
          Sacramento lawmakers intervene in a local issue that is not  
          fundamentally addressed in the bill, has not yet occurred,  
          and includes a forum for public input and stakeholder  
          consultation?  

          3.   Timing  .  The City of Coronado last updated its safety  
          and noise elements in 2005, and 1999, respectively.  These  
          are the two elements required to be amended pursuant to the  
          Knight legislation.  While the City has not conducted a  
          comprehensive general plan update recently, an individual  
          element's update may take up to several years.  A 2010  
          CalTrans Division of Aeronautics' California Airport Land  
          Use Planning Handbook recognizes how difficult the 180-day  
          time frame is for a city to amend its general plan, given  
          the time required to draft, circulate, and adopt the  
          modifications and potential accompanying environmental  
          review.   Because it is unknown when the San Diego County  
          Regional Airport Authority will start Naval Air Station  
          North Island and Naval Outlying Landing Field's ALUCP  
          update, the Committee may wish to consider amending the  
          bill's sunset date and tie it to 540 days of any amendment  





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          to the ALUCP, or January 1, 2017, whichever is earlier. 

                                         
                        Support and Opposition  (4/25/13)

           Support  :  City of Coronado.  

           Opposition  :  Captain G.A. Mayes, Commanding Officer Naval  
          Base Coronado; San Diego Military Advisory Council; U.S.  
          Army; U.S. Marine Corps; U.S. Navy; U.S. Air Force; U.S.  
          Coast Guard.