Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

SB-242 Land use applications: Department of Defense: points of contact.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 07/30/2019 09:00 PM
SB242:v96#DOCUMENT

Senate Bill No. 242
CHAPTER 142

An act to amend Sections 65352, 65940, and 65944 of the Government Code, and to amend Section 21098 of the Public Resources Code, relating to land use.

[ Approved by Governor  July 30, 2019. Filed with Secretary of State  July 30, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 242, Roth. Land use applications: Department of Defense: points of contact.
(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires a planning agency to refer any proposed action to adopt or substantially change a general plan to specified entities, including a branch of the United States Armed Forces if certain conditions are met, including the branch providing a California mailing address and the Department of Defense providing electronic maps of low-level flight paths to the Office of Planning and Research.
This bill would delete the provision related to the Department of Defense described above, and instead require a branch of the United States Armed Forces to provide the office with a point of contact before a planning agency is required to refer a proposed action to adopt or substantially amend a general plan.
(2) Existing law requires each public agency to provide a development project applicant with a list of information that provides, among other things, whether the proposed project is located within 1,000 feet of a military installation, beneath a low-level flight path, or within special use airspace. Existing law requires a public agency to deliver a copy of each completed project application located within 1,000 feet of a military installation or within special use airspace or beneath a low-level flight path to each branch of the United States Armed Forces that has provided the Office of Planning and Research with a California mailing address within the state for delivery. Existing law provides that these requirements are not operative until the Department of Defense provides electronic maps of low-level flight paths, special use airspace, and military installations, at a scale and in an electronic format that is acceptable to the Office of Planning and Research.
This bill would instead require notice to each branch of the United States Armed Forces that has provided the Office of Planning and Research with a point of contact, of a project application located within 1,000 feet of a military installation or within special use airspace or beneath a low-level flight path. The bill would eliminate the requirement that the Department of Defense provide electronic maps of low-level flight paths, special use airspace, and military installations to the Office of Planning and Research in order for these provisions to become operative.
This bill would require the office to provide notice to public agencies and maintain on its internet website maps of low-level flight paths, special use airspace, and military installations, the military points of contact designated by each branch of the United States Armed Forces, and the information required in the notice of a completed application, as specified.
(3) Existing law defines “special use airspace” as the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as established in a specified publication of the United States National Imagery and Mapping Agency.
This bill would instead define “special use airspace” as the area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as established in a specified publication of the United States National Imagery and Mapping Agency.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 65352 of the Government Code is amended to read:

65352.
 (a)  Before a legislative body takes action to adopt or substantially amend a general plan, the planning agency shall refer the proposed action to all of the following entities:
(1) A city or county, within or abutting the area covered by the proposal, and any special district that may be significantly affected by the proposed action, as determined by the planning agency.
(2) An elementary, high school, or unified school district within the area covered by the proposed action.
(3) The local agency formation commission.
(4) An areawide planning agency whose operations may be significantly affected by the proposed action, as determined by the planning agency.
(5) A federal agency, if its operations or lands within its jurisdiction may be significantly affected by the proposed action, as determined by the planning agency.
(6) The branches of the United States Armed Forces that have provided the Office of Planning and Research with a military point of contact pursuant to subdivision (d) of Section 65944, if the proposed action is within 1,000 feet of a military installation, or lies within special use airspace, or beneath a low-level flight path, as defined in Section 21098 of the Public Resources Code.
(7) A public water system, as defined in Section 116275 of the Health and Safety Code, with 3,000 or more service connections, that serves water to customers within the area covered by the proposal. The public water system shall have at least 45 days to comment on the proposed plan, in accordance with subdivision (b), and to provide the planning agency with the information set forth in Section 65352.5.
(8) Any groundwater sustainability agency that has adopted a groundwater sustainability plan pursuant to Part 2.74 (commencing with Section 10720) of Division 6 of the Water Code or local agency that otherwise manages groundwater pursuant to other provisions of law or a court order, judgment, or decree within the planning area of the proposed general plan.
(9) The State Water Resources Control Board, if it has adopted an interim plan pursuant to Chapter 11 (commencing with Section 10735) of Part 2.74 of Division 6 of the Water Code that includes territory within the planning area of the proposed general plan.
(10) The Bay Area Air Quality Management District for a proposed action within the boundaries of the district.
(11) A California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city’s or county’s jurisdiction.
(12) The Central Valley Flood Protection Board for a proposed action within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code.
(13) (A) The State Board of Forestry and Fire Protection and every local agency that provides fire protection to territory in the city or county, if the proposed action includes either of the following:
(i) The adoption or amendment of the safety element of its general plan for any county that contains a state responsibility area.
(ii) The adoption or amendment of the safety element of its general plan for any city or county that contains a very high fire hazard severity zone, as defined in subdivision (i) of Section 51177.
(B) A referral made pursuant to this paragraph shall be made no later than the date on which the county or city sends notice of preparation pursuant to Section 21080.4 of the Public Resources Code, if any, for the project.
(b) An entity receiving a proposed general plan or amendment of a general plan pursuant to this section shall have 45 days from the date the referring agency mails it or delivers it to comment unless a longer period is specified by the planning agency.
(c) (1) This section is directory, not mandatory, and the failure to refer a proposed action to the entities specified in this section does not affect the validity of the action, if adopted.
(2) To the extent that the requirements of this section conflict with the requirements of Chapter 4.4 (commencing with Section 65919), the requirements of Chapter 4.4 shall prevail.

SEC. 2.

 Section 65940 of the Government Code is amended to read:

65940.
 (a) Each public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a development project. Each public agency shall revise the list of information required from an applicant to include a certification of compliance with Section 65962.5, and the statement of application required by Section 65943. Copies of the information, including the statement of application required by Section 65943, shall be made available to all applicants for development projects and to any person who requests the information.
(b) The list of information required from any applicant shall include, where applicable, identification of whether the proposed project is located within 1,000 feet of a military installation, beneath a low-level flight path or within special use airspace as defined in Section 21098 of the Public Resources Code, and within an urbanized area as defined in Section 65944.
(c) (1) A public agency that is not beneath a low-level flight path or not within special use airspace and does not contain a military installation is not required to change its list of information required from applicants to comply with subdivision (b).
(2) A public agency that is entirely urbanized, as defined in subdivision (e) of Section 65944, with the exception of a jurisdiction that contains a military installation, is not required to change its list of information required from applicants to comply with subdivision (b).

SEC. 3.

 Section 65944 of the Government Code is amended to read:

65944.
 (a) After a public agency accepts an application as complete, the agency shall not subsequently request of an applicant any new or additional information which was not specified in the list prepared pursuant to Section 65940. The agency may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.
(b) The provisions of subdivision (a) shall not be construed as requiring an applicant to submit with an initial application the entirety of the information which a public agency may require in order to take final action on the application. Prior to accepting an application, each public agency shall inform the applicant of any information included in the list prepared pursuant to Section 65940 which will subsequently be required from the applicant in order to complete final action on the application.
(c) This section shall not be construed as limiting the ability of a public agency to request and obtain information which may be needed in order to comply with the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.
(d) (1) After a public agency accepts an application as complete, and if the project applicant has identified that the proposed project is located within 1,000 feet of a military installation or within special use airspace or beneath a low-level flight path in accordance with Section 65940, the public agency shall provide notice of the complete application to any branch of the United States Armed Forces that has provided the Office of Planning and Research with points of contact to receive the notice.
(2) Except for a project within 1,000 feet of a military installation, the public agency is not required to provide a copy of the application if the project is located entirely in an “urbanized area.” An urbanized area is any urban location that meets the definition used by the United State Department of Commerce’s Bureau of Census for “urban” and includes locations with core census block groups containing at least 1,000 people per square mile and surrounding census block groups containing at least 500 people per square mile.
(e) After providing notice of the application as required in subdivision (d), and if requested by any branch of the United States Armed Forces, the public agency and the project applicant shall consult with the impacted military branch or branches to discuss the effects of the proposed project on military installations, low-level flight paths, or special use airspace, and potential alternatives and mitigation measures.
(f) The Office of Planning and Research shall maintain on its internet website and provide notice to public agencies all of the following:
(1) Maps of low-level flight paths, special use airspace, and military installations.
(2) The military points of contact to receive notifications pursuant to subdivision (d).
(3) The information required in the notice of a completed application pursuant to subdivision (d). This information shall include, at a minimum, all of the following:
(A) The project’s specific location.
(B) The major physical alterations to the property on which the project will be located.
(C) A site place showing the location of the project on the property, as well as the massing, height, and approximate square footage, of each building that will be occupied.
(D) The proposed land uses by number of units or square feet using the categories in the applicable zoning ordinance.

SEC. 4.

 Section 21098 of the Public Resources Code is amended to read:

21098.
 (a) For the purposes of this section, the following terms have the following meanings:
(1) “Low-level flight path” includes any flight path for any aircraft owned, maintained, or that is under the jurisdiction of the United States Department of Defense that flies lower than 1,500 feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, “Area Planning Military Training Routes: North and South America (AP/1B)” published by the United States National Imagery and Mapping Agency.
(2) “Military impact zone” includes any area, including airspace, that meets both of the following criteria:
(A) Is within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense.
(B) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land.
(3) “Military service” means any branch of the United States Armed Forces.
(4) “Special use airspace” means the area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that area is established by the United States Department of Defense Flight Information Publication, “Area Planning: Special Use Airspace: North and South America (AP/1A)” published by the United States National Imagery and Mapping Agency.
(b) If the United States Department of Defense or a military service notifies a lead agency of the contact office and address for the military service and the specific boundaries of a low-level flight path, military impact zone, or special use airspace, the lead agency shall submit notices, as required pursuant to Sections 21080.4 and 21092, to the military service if the project is within those boundaries and any of the following apply:
(1) The project includes a general plan amendment.
(2) The project is of statewide, regional, or areawide significance.
(3) The project is required to be referred to the airport land use commission, or appropriately designated body, pursuant to Article 3.5 (commencing with Section 21670) of Chapter 4 of Part 1 of Division 9 of the Public Utilities Code.
(c) The requirement to submit notices imposed by this section does not apply to any of the following:
(1) Response actions taken pursuant to Chapter 6.8 (commencing with Section 25300) of Division 20 of the Health and Safety Code.
(2) Response actions taken pursuant to Chapter 6.85 (commencing with Section 25396) of Division 20 of the Health and Safety Code.
(3) Sites subject to corrective action orders issued pursuant to Section 25187 of the Health and Safety Code.
(d) (1) The effect or potential effect that a project may have on military activities does not itself constitute an adverse effect on the environment for the purposes of this division.
(2) Notwithstanding paragraph (1), a project’s impact on military activities may cause, or be associated with, adverse effects on the environment that are subject to the requirements of this division, including, but not limited to, Section 21081.