BILL NUMBER: SB 1468 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 20, 2002
AMENDED IN SENATE APRIL 30, 2002
AMENDED IN SENATE APRIL 8, 2002
INTRODUCED BY Senator Knight
FEBRUARY 19, 2002
An act to amend Sections 65040.2, 65302, 65302.3, 65560, and 65583
of, and to add Section 65040.9 to, the Government Code, and to amend
Section 21675 of the Public Utilities Code, relating to local
planning.
LEGISLATIVE COUNSEL'S DIGEST
SB 1468, as amended, Knight. General plans: military facilities.
(1) The Planning and Zoning Law requires that a 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 also require the housing element to contain
an analysis of the special housing needs of military personnel and
their dependents. The bill would, with respect to the open-space
element, define open-space land to include land or water on a
military installation.
The bill would also require the circulation element to consist of
the general location and extent of existing and proposed military
installations.
By increasing the duties of local agency officials, the bill would
impose a state-mandated local program. The bill would also
provide that a city or county is not required to comply with these
provisions until the city's or county's next general plan revision.
(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
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) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65040.2 of the Government Code is amended to
read:
65040.2. (a) In connection with its responsibilities under
subdivision (l) of Section 65040, the office shall develop and adopt
guidelines for the preparation and content of the mandatory elements
required in city and county general plans by Article 5 (commencing
with Section 65300) of Chapter 3. For purposes of this section, the
guidelines prepared pursuant to Section 50459 of the Health and
Safety Code shall be the guidelines for the housing element required
by Section 65302. In the event that additional elements are
hereafter required in city and county general plans by Article 5
(commencing with Section 65300) of Chapter 3, the office shall adopt
guidelines for those elements within six months of the effective date
of the legislation requiring those additional elements.
(b) The office may request from each state department and agency,
as it deems appropriate, and the department or agency shall provide,
technical assistance in readopting, amending, or repealing the
guidelines.
(c) The guidelines shall be advisory to each city and county in
order to provide assistance in preparing and maintaining their
respective general plans.
(d) The guidelines shall contain the guidelines for addressing
environmental justice matters developed pursuant to Section 65040.12.
(e) The guidelines shall contain advice for addressing the effects
of civilian development on military readiness activities carried out
on all of the following:
(1) Military installations.
(2) Military operating areas.
(3) Military training areas.
(4) Military training routes.
(5) Military airspace.
(6) Other territory adjacent to those installations and areas.
(f) The office shall provide for regular review and revision of
the guidelines established pursuant to this section.
SEC. 2. Section 65040.9 is added to the Government Code, to read:
65040.9. (a) On or before January 1, 2004, the Office of Planning
and Research shall , if sufficient federal funds become
available for this purpose, prepare and publish an advisory
planning handbook for use by local officials, planners, and builders
that explains how to reduce land use conflicts between the effects of
civilian development and military readiness activities carried out
on military installations, military operating areas, military
training areas, military training routes, and military airspace, and
other territory adjacent to those installations and areas.
(b) At a minimum, the advisory planning handbook shall include
advice regarding all of the following:
(1) The collection and preparation of data and analysis.
(2) The preparation and adoption of goals, policies, and
standards.
(3) The adoption and monitoring of feasible implementation
measures.
(4) Methods to resolve conflicts between civilian and military
land uses and activities.
(c) In preparing the advisory planning handbook, the office shall
collaborate with the Office of Military Base Retention and Reuse
within the Trade, Technology, and Commerce Agency. The office shall
consult with persons and organizations with knowledge and experience
in land use issues affecting military installations and activities.
(d) The office may accept and expend any grants and gifts from any
source, public or private, for the purposes of this section.
SEC. 3. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of
development policies and shall include a diagram or diagrams and text
setting forth objectives, principles, standards, and plan proposals.
The plan shall include the following elements:
(a) A land use element which designates the proposed general
distribution and general location and extent of the uses of the land
for housing, business, industry, open space, including agriculture,
natural resources, recreation, and enjoyment of scenic beauty,
education, public buildings and grounds, solid and liquid waste
disposal facilities, and other categories of public and private uses
of land. The land use element shall include a statement of the
standards of population density and building intensity recommended
for the various districts and other territory covered by the plan.
The land use element shall identify areas covered by the plan which
are subject to flooding and shall be reviewed annually with respect
to those areas. The land use element shall also do both of the
following:
(1) Designate in a land use category that provides for timber
production those parcels of real property zoned for timberland
production pursuant to the California Timberland Productivity Act of
1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of
Division 1 of Title 5.
(2) 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 military facilities, or underlying designated
military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness
activities, information provided by military facilities shall be
considered.
(B) The following definitions govern this paragraph:
(i) "Military readiness activities" mean all of the following:
(I) Training, support, and operations that prepare the men and
women of the military for combat.
(II) Operation, maintenance, and security of any military
installation.
(III) Testing of military equipment, vehicles, weapons, and
sensors for proper operation or suitability for combat use.
(ii) "Military installation" means a base, camp, post, station,
yard, center, homeport facility for any ship, or other activity under
the jurisdiction of the United States Department of Defense as
defined in paragraph (1) of subsection (e) of Section 2687 of Title
10 of the United States Code.
(b) A circulation element consisting of the general location and
extent of existing and proposed major thoroughfares, transportation
routes, terminals, any military installation, and other local public
utilities and facilities, all correlated with the land use element of
the plan.
(c) A housing element as provided in Article 10.6 (commencing with
Section 65580).
(d) A conservation element for the conservation, development, and
utilization of natural resources including water and its hydraulic
force, forests, soils, rivers and other waters, harbors, fisheries,
wildlife, minerals, and other natural resources. The conservation
element shall consider the effect of civilian development on natural
resources located on military installations. That portion of the
conservation element including waters shall be developed in
coordination with any countywide water agency and with all district
and city agencies have have developed, served, controlled or
conserved water for any purpose for the county or city for which the
plan is prepared. Coordination shall include the discussion and
evaluation of any water supply and demand information described in
Section 65352.5, if that information has been submitted by the water
agency to the city or county. The conservation element may also
cover the following:
(1) The reclamation of land and waters.
(2) Prevention and control of the pollution of streams and other
waters.
(3) Regulation of the use of land in stream channels and other
areas required for the accomplishment of the conservation plan.
(4) Prevention, control, and correction of the erosion of soils,
beaches, and shores.
(5) Protection of watersheds.
(6) The location, quantity and quality of the rock, sand and
gravel resources.
(7) Flood control.
The conservation element shall be prepared and adopted no later
than December 31, 1973.
(e) An open-space element as provided in Article 10.5 (commencing
with Section 65560).
(f) A noise element which shall identify and appraise noise
problems in the community. The noise element shall recognize the
guidelines established by the Office of Noise Control in the State
Department of Health Services and shall analyze and quantify, to the
extent practicable, as determined by the legislative body, current
and projected noise levels for all of the following sources:
(1) Highways and freeways.
(2) Primary arterials and major local streets.
(3) Passenger and freight on-line railroad operations and ground
rapid transit systems.
(4) Commercial, general aviation, heliport, helistop, and military
airport operations, aircraft overflights, jet engine test stands,
and all other ground facilities and maintenance functions related to
airport operation.
(5) Local industrial plants, including, but not limited to,
railroad classification yards.
(6) Other ground stationary noise sources, including, but not
limited to, military installations, identified by local agencies as
contributing to the community noise environment.
Noise contours shall be shown for all of these sources and stated
in terms of community noise equivalent level (CNEL) or day-night
average level (Ldn). The noise contours shall be prepared on the
basis of noise monitoring or following generally accepted noise
modeling techniques for the various sources identified in paragraphs
(1) to (6), inclusive.
The noise contours shall be used as a guide for establishing a
pattern of land uses in the land use element that minimizes the
exposure of community residents to excessive noise.
The noise element shall include implementation measures and
possible solutions that address existing and foreseeable noise
problems, if any. The adopted noise element shall serve as a
guideline for compliance with the state's noise insulation standards.
(g) A safety element for the protection of the community from any
unreasonable risks associated with the effects of seismically induced
surface rupture, ground shaking, ground failure, tsunami, seiche,
and dam failure; slope instability leading to mudslides and
landslides; subsidence, liquefaction and other seismic hazards
identified pursuant to Chapter 7.8 (commencing with Section 2690) of
the Public Resources Code, and other geologic hazards known to the
legislative body; flooding; and wild land and urban fires. The
safety element shall include mapping of known seismic and other
geologic hazards. It shall also address evacuation routes, military
installations, peakload water supply requirements, and minimum road
widths and clearances around structures, as those items relate to
identified fire and geologic hazards. Prior to the periodic review
of its general plan and prior to preparing or revising its safety
element, each city and county shall consult the Division of Mines and
Geology of the Department of Conservation and the Office of
Emergency Services for the purpose of including information known by
and available to the department and the office required by this
subdivision.
To the extent that a county's safety element is sufficiently
detailed and contains appropriate policies and programs for adoption
by a city, a city may adopt that portion of the county's safety
element that pertains to the city's planning area in satisfaction of
the requirement imposed by this subdivision.
At least 45 days prior to adoption or amendment of the safety
element, each county and city shall submit to the Division of Mines
and Geology of the Department of Conservation one copy of a draft of
the safety element or amendment and any technical studies used for
developing the safety element. The division may review drafts
submitted to it to determine whether they incorporate known seismic
and other geologic hazard information, and report its findings to the
planning agency within 30 days of receipt of the draft of the safety
element or amendment pursuant to this subdivision. The legislative
body shall consider the division's findings prior to final adoption
of the safety element or amendment unless the division's findings are
not available within the above prescribed time limits or unless the
division has indicated to the city or county that the division will
not review the safety element. If the division's findings are not
available within those prescribed time limits, the legislative body
may take the division's findings into consideration at the time it
considers future amendments to the safety element. Each county and
city shall provide the division with a copy of its adopted safety
element or amendments. The division may review adopted safety
elements or amendments and report its findings. All findings made by
the division shall be advisory to the planning agency and
legislative body.
SEC. 4. Section 65302.3 of the Government Code is amended to read:
65302.3. (a) The general plan, and any applicable specific plan
prepared pursuant to Article 8 (commencing with Section 65450), shall
be consistent with the plan adopted or amended pursuant to Section
21675 of the Public Utilities Code.
(b) The general plan, and any applicable specific plan, shall be
amended, as necessary, within 180 days of any amendment to the plan
required under Section 21675 of the Public Utilities Code.
(c) If the legislative body does not concur with any provision of
the plan required under Section 21675 of the Public Utilities Code,
it may satisfy the provisions of this section by adopting findings
pursuant to Section 21676 of the Public Utilities Code.
(d) In each county where an airport land use commission does not
exist, but where there is a military airport, the general plan, and
any applicable specific plan prepared pursuant to Article 8
(commencing with Section 65450), shall be consistent with the safety
and noise standards in the Air Installation Compatible Use Zone
prepared for that military airport.
SEC. 5. Section 65560 of the Government Code is amended to read:
65560. (a) "Local open-space plan" is the open-space element of a
county or city general plan adopted by the board or council, either
as the local open-space plan or as the interim local open-space plan
adopted pursuant to Section 65563.
(b) "Open-space land" is any parcel or area of land or water,
including land or water on a military installation, that is
essentially unimproved and devoted to an open-space use as defined in
this section, and that is designated on a local, regional or state
open-space plan as any of the following:
(1) Open space for the preservation of natural resources
including, but not limited to, areas required for the preservation of
plant and animal life, including habitat for fish and wildlife
species; areas required for ecologic and other scientific study
purposes; rivers, streams, bays and estuaries; and coastal beaches,
lakeshores, banks of rivers and streams, and watershed lands.
(2) Open space used for the managed production of resources,
including but not limited to, forest lands, rangeland, agricultural
lands and areas of economic importance for the production of food or
fiber; areas required for recharge of ground water basins; bays,
estuaries, marshes, rivers and streams which are important for the
management of commercial fisheries; and areas containing major
mineral deposits, including those in short supply.
(3) Open space for outdoor recreation, including but not limited
to, areas of outstanding scenic, historic and cultural value; areas
particularly suited for park and recreation purposes, including
access to lakeshores, beaches, and rivers and streams; and areas
which serve as links between major recreation and open-space
reservations, including utility easements, banks of rivers and
streams, trails, and scenic highway corridors.
(4) Open space for public health and safety, including, but not
limited to, areas which require special management or regulation
because of hazardous or special conditions such as earthquake fault
zones, unstable soil areas, flood plains, watersheds, areas
presenting high fire risks, areas required for the protection of
water quality and water reservoirs and areas required for the
protection and enhancement of air quality.
SEC. 6. Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and
analysis of existing and projected housing needs and a statement of
goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development
of housing. The housing element shall identify adequate sites for
housing, including rental housing, factory-built housing, and
mobilehomes, and shall make adequate provision for the existing and
projected needs of all economic segments of the community. The
element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of these needs. The
assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and
documentation of projections and a quantification of the locality's
existing and projected housing needs for all income levels. These
existing and projected needs shall include the locality's share of
the regional housing need in accordance with Section 65584.
(2) An analysis and documentation of household characteristics,
including level of payment compared to ability to pay, housing
characteristics, including overcrowding, and housing stock condition.
(3) An inventory of land suitable for residential development,
including vacant sites and sites having potential for redevelopment,
and an analysis of the relationship of zoning and public facilities
and services to these sites.
(4) An analysis of potential and actual governmental constraints
upon the maintenance, improvement, or development of housing for all
income levels and for persons with disabilities as identified in the
analysis pursuant to paragraph (4) of subdivision (a), including land
use controls, building codes and their enforcement, site
improvements, fees and other exactions required of developers, and
local processing and permit procedures. The analysis shall also
demonstrate local efforts to remove governmental constraints that
hinder the locality from meeting its share of the regional housing
need in accordance with Section 65584 and from meeting the need for
housing for persons with disabilities identified pursuant to
paragraph (6).
(5) An analysis of potential and actual nongovernmental
constraints upon the maintenance, improvement, or development of
housing for all income levels, including the availability of
financing, the price of land, and the cost of construction.
(6) An analysis of any special housing needs, such as those of the
elderly, persons with disabilities, large families, military
personnel and their dependents, farmworkers, families with female
heads of households, and families and persons in need of emergency
shelter.
(7) An analysis of opportunities for energy conservation with
respect to residential development.
(8) An analysis of existing assisted housing developments that are
eligible to change from low-income housing uses during the next 10
years due to termination of subsidy contracts, mortgage prepayment,
or expiration of restrictions on use. "Assisted housing
developments," for the purpose of this section, shall mean
multifamily rental housing that receives governmental assistance
under federal programs listed in subdivision (a) of Section 65863.10,
state and local multifamily revenue bond programs, local
redevelopment programs, the federal Community Development Block Grant
Program, or local in-lieu fees. "Assisted housing developments"
shall also include multifamily rental units that were developed
pursuant to a local inclusionary housing program or used to qualify
for a density bonus pursuant to Section 65916.
(A) The analysis shall include a listing of each development by
project name and address, the type of governmental assistance
received, the earliest possible date of change from low-income use
and the total number of elderly and nonelderly units that could be
lost from the locality's low-income housing stock in each year during
the 10-year period. For purposes of state and federally funded
projects, the analysis required by this subparagraph need only
contain information available on a statewide basis.
(B) The analysis shall estimate the total cost of producing new
rental housing that is comparable in size and rent levels, to replace
the units that could change from low-income use, and an estimated
cost of preserving the assisted housing developments. This cost
analysis for replacement housing may be done aggregately for each
five-year period and does not have to contain a project-by-project
cost estimate.
(C) The analysis shall identify public and private nonprofit
corporations known to the local government which have legal and
managerial capacity to acquire and manage these housing developments.
(D) The analysis shall identify and consider the use of all
federal, state, and local financing and subsidy programs which can be
used to preserve, for lower income households, the assisted housing
developments, identified in this paragraph, including, but not
limited to, federal Community Development Block Grant Program funds,
tax increment funds received by a redevelopment agency of the
community, and administrative fees received by a housing authority
operating within the community. In considering the use of these
financing and subsidy programs, the analysis shall identify the
amounts of funds under each available program which have not been
legally obligated for other purposes and which could be available for
use in preserving assisted housing developments.
(b) (1) A statement of the community's goals, quantified
objectives, and policies relative to the maintenance, preservation,
improvement, and development of housing.
(2) It is recognized that the total housing needs identified
pursuant to subdivision (a) may exceed available resources and the
community's ability to satisfy this need within the content of the
general plan requirements outlined in Article 5 (commencing with
Section 65300). Under these circumstances, the quantified objectives
need not be identical to the total housing needs. The quantified
objectives shall establish the maximum number of housing units by
income category that can be constructed, rehabilitated, and conserved
over a five-year time period.
(c) A program which sets forth a five-year schedule of actions the
local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the housing
element through the administration of land use and development
controls, provision of regulatory concessions and incentives, and the
utilization of appropriate federal and state financing and subsidy
programs when available and the utilization of moneys in a low- and
moderate-income housing fund of an agency if the locality has
established a redevelopment project area pursuant to the Community
Redevelopment Law (Division 24 (commencing with Section 33000) of the
Health and Safety Code). In order to make adequate provision for
the housing needs of all economic segments of the community, the
program shall do all of the following:
(1) (A) Identify adequate sites which will be made available
through appropriate zoning and development standards and with
services and facilities, including sewage collection and treatment,
domestic water supply, and septic tanks and wells, needed to
facilitate and encourage the development of a variety of types of
housing for all income levels, including multifamily rental housing,
factory-built housing, mobilehomes, housing for agricultural
employees, emergency shelters, and transitional housing in order to
meet the community's housing goals as identified in subdivision (b).
(i) Where the inventory of sites, pursuant to paragraph (3) of
subdivision (a), does not identify adequate sites to accommodate the
need for groups of all household income levels pursuant to Section
65584, the program shall provide for sufficient sites with zoning
that permits owner-occupied and rental multifamily residential use by
right, including density and development standards that could
accommodate and facilitate the feasibility of housing for very low
and low-income households.
(ii) Where the inventory of sites pursuant to paragraph (3) of
subdivision (a) does not identify adequate sites to accommodate the
need for farmworker housing, the program shall provide for sufficient
sites to meet the need with zoning that permits farmworker housing
use by right, including density and development standards that could
accommodate and facilitate the feasibility of the development of
farmworker housing for low- and very low income households.
(B) For purposes of this paragraph, the phrase "use by right"
shall mean the use does not require a conditional use permit, except
when the proposed project is a mixed-use project involving both
commercial or industrial uses and residential uses. Use by right for
all rental multifamily residential housing shall be provided in
accordance with subdivision (f) of Section 65589.5.
(C) The requirements of this subdivision regarding identification
of sites for farmworker housing shall apply commencing with the next
revision of housing elements required by Section 65588 following the
enactment of this subparagraph.
(2) Assist in the development of adequate housing to meet the
needs of low- and moderate-income households.
(3) Address and, where appropriate and legally possible, remove
governmental constraints to the maintenance, improvement, and
development of housing, including housing for all income levels and
housing for persons with disabilities. The program shall remove
constraints to, or provide reasonable accommodations for housing
designed for, intended for occupancy by, or with supportive services
for, persons with disabilities.
(4) Conserve and improve the condition of the existing affordable
housing stock, which may include addressing ways to mitigate the loss
of dwelling units demolished by public or private action.
(5) Promote housing opportunities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin,
color, familial status, or disability.
(6) (A) Preserve for lower income households the assisted housing
developments identified pursuant to paragraph (8) of subdivision (a).
The program for preservation of the assisted housing
developments shall utilize, to the extent
necessary, all available federal, state, and local financing and
subsidy programs identified in paragraph (8) of subdivision (a),
except where a community has other urgent needs for which alternative
funding sources are not available. The program may include
strategies that involve local regulation and technical assistance.
(B) The program shall include an identification of the agencies
and officials responsible for the implementation of the various
actions and the means by which consistency will be achieved with
other general plan elements and community goals. The local
government shall make a diligent effort to achieve public
participation of all economic segments of the community in the
development of the housing element, and the program shall describe
this effort.
(d) The analysis and program for preserving assisted housing
developments required by the amendments to this section enacted by
the Statutes of 1989 shall be adopted as an amendment to the housing
element by July 1, 1992.
(e) Failure of the department to review and report its findings
pursuant to Section 65585 to the local government between July 1,
1992, and the next periodic review and revision required by Section
65588, concerning the housing element amendment required by the
amendments to this section by the Statutes of 1989, shall not be used
as a basis for allocation or denial of any housing assistance
administered pursuant to Part 2 (commencing with Section 50400) of
Division 31 of the Health and Safety Code.
SEC. 7. Section 21675 of the Public Utilities Code is amended to
read:
21675. (a) Each commission shall formulate a comprehensive land
use plan that will provide for the orderly growth of each public
airport and the area surrounding the airport within the jurisdiction
of the commission, and will safeguard the general welfare of the
inhabitants within the vicinity of the airport and the public in
general. The commission plan shall include and shall be based on a
long-range master plan or an airport layout plan, as determined by
the Division of Aeronautics of the Department of Transportation, that
reflects the anticipated growth of the airport during at least the
next 20 years. In formulating a land use plan, the commission may
develop height restrictions on buildings, specify use of land, and
determine building standards, including soundproofing adjacent to
airports, within the planning area. The comprehensive land use plan
shall be reviewed as often as necessary in order to accomplish its
purposes, but shall not be amended more than once in any calendar
year.
(b) The commission shall include, within its plan formulated
pursuant to subdivision (a), the area within the jurisdiction of the
commission surrounding any military airport for all of the purposes
specified in subdivision (a). The plan shall be consistent with the
safety and noise standards in the Air Installation Compatible Use
Zone prepared for that military airport. This subdivision does not
give the commission any jurisdiction or authority over the territory
or operations of any military airport.
(c) The planning boundaries shall be established by the commission
after hearing and consultation with the involved agencies.
(d) The commission shall submit to the Division of Aeronautics of
the department one copy of the plan and each amendment to the plan.
(e) If a comprehensive land use plan does not include the matters
required to be included pursuant to this article, the Division of
Aeronautics of the department shall notify the commission responsible
for the plan.
SEC. 8. A city or county shall not be required to comply with
the amendments made by this act to Sections 65302, 65302.3, and 65560
of the Government Code, relating to military readiness activities,
military personnel, military airports, and military installations
until the city's or county's next general plan revision.
SEC. 9. Notwithstanding Section 17610 of the Government
Code, if the Commission on State Mandates determines that this act
contains costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part
7 (commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.