Today's Law As Amended


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SB-1084 Airport land use commissions.(1999-2000)



As Amends the Law Today


Section 21674.7 of the Public Utilities Code is amended to read:

21674.7.
 (a)  An airport land use commission that formulates, adopts, adopts  or amends an  a comprehensive  airport land use compatibility plan  plan, or a planning commission that approves a project within the boundaries of a comprehensive airport land use plan,  shall be guided by information prepared and updated pursuant to  under  Section 21674.5 and referred to as the Airport Land Use Planning Handbook published by the Division of  Aeronautics Program  of the Department of Transportation.
(b) It is the intent of the Legislature to discourage incompatible land uses near existing airports. Therefore, prior to granting permits for the renovation or remodeling of an existing building, structure, or facility, and before the construction of a new building, it is the intent of the Legislature that local agencies shall be guided by the height, use, noise, safety, and density criteria that are compatible with airport operations, as established by this article, and referred to as the Airport Land Use Planning Handbook, published by the division, and any applicable federal aviation regulations, including, but not limited to, Part 77 (commencing with Section 77.1) of Title 14 of the Code of Federal Regulations, to the extent that the criteria has been incorporated into the plan prepared by a commission pursuant to Section 21675. This subdivision does not limit the jurisdiction of a commission as established by this article. This subdivision does not limit the authority of local agencies to overrule commission actions or recommendations pursuant to Sections 21676, 21676.5, or 21677.
Section 21675 of the Public Utilities Code is amended to read:

21675.
 (a) Each commission shall formulate an airport a comprehensive  land use compatibility  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’s airport land use compatibility  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 Program  of the Department of Transportation, that reflects the anticipated growth of the airport  airport, specifically including, but not limited to, the related noise and safety issues,  during at least the next 20 years. In formulating an airport  a  land use compatibility  plan, the commission may develop height restrictions on buildings, specify use of land, and determine building standards, including soundproofing adjacent to airports, within the airport influence  planning  area. The airport comprehensive  land use compatibility  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. The commission shall submit a draft copy of each plan, plan update, or plan amendment to the department. The commission may not adopt a plan, plan update, or plan amendment until the department notifies the commission that the plan, plan update, or plan amendment conforms to the department’s Airport Land Use Planning Handbook. 
(b) The commission shall may  include, within its airport land use compatibility  plan formulated pursuant to subdivision (a), the area within the jurisdiction of the commission surrounding any federal  military airport for all of the purposes specified in subdivision (a). The airport land use compatibility 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 airport influence area  planning boundaries  shall be established by the commission after appropriate notice and public  hearing and consultation with the involved agencies.
(d) The commission shall submit to the Division of  Aeronautics Program  of the department one copy of the airport land use compatibility plan and each amendment to the plan. plan , plan update, and plan amendment. 
(e) If an airport a comprehensive  land use compatibility  plan does not include the matters required to be included pursuant to  under  this article, the Division of  Aeronautics Program  of the department shall notify and consult with  the commission responsible for the plan.
SEC. 3.
 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.