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,
SB 758 -- 4/23/13 -- Page 2
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.