Bill Text: CA SB737 | 2009-2010 | Regular Session | Amended
Bill Title: Airports: airport land use commissions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB737 Detail]
Download: California-2009-SB737-Amended.html
BILL NUMBER: SB 737 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Negrete McLeod
FEBRUARY 27, 2009
An act to amend Sections 21670, 21670.1, 21670.4, 21671.5,
21674.7, 21675.1, 21678, 21679, and 21679.5 of, and to repeal Section
21677 of, the Public Utilities Code, relating to airports.
LEGISLATIVE COUNSEL'S DIGEST
SB 737, as amended, Negrete McLeod. Airports: airport land use
commissions.
(1) The State Aeronautics Act governs the creation and operation
of airports in this state. The act provides for the establishment of
county airport land use commissions to carry out various
requirements, including the formulation of a comprehensive land use
compatibility plan to provide for the orderly growth of airports and
the area surrounding airports within the jurisdiction of the
commission, and to safeguard the general welfare of the inhabitants
within the vicinity of an airport and the public in general. The act
requires each county in which there is an airport served by a
scheduled airline, with certain exceptions, to establish an airport
land use commission.
Existing law requires each county in which there is an airport
operated for the benefit of the public to establish an airport land
use commission, but authorizes the board of supervisors of a county
in which an airport is located that is operated for the benefit of
the general public that is not served by a scheduled airline, after
consultation with the appropriate airport operators and affected
local entities and after public hearing, to adopt a resolution
finding that there are no noise, public safety, or land use issues
affecting any airport in the county that require the creation of a
commission and declaring that the county is exempt from establishing
an airport land use commission.
This bill would eliminate the authority of the board of
supervisors of a county in which an airport is located that is
operated for the benefit of the general public that is not served by
a scheduled airline, to adopt a resolution declaring that the county
is exempt from establishing an airport land use commission. By
eliminating this authority, the bill would impose a state-mandated
local program by requiring a higher level of service.
(2) Existing law provides that, notwithstanding the
above-described requirements, if the board of supervisors and the
city selection committee of mayors in the county responsible for
appointing a commission each makes a determination by a majority vote
that proper land use planning can be accomplished through the
actions of an appropriately designated body, then the body so
designated shall assume the planning responsibilities of an airport
land use commission pursuant to the act, and a commission need not be
formed in that county.
This bill would require that if the board of supervisors and city
selection committee determine that proper land use can be
accomplished through the actions of an appropriately designated body,
that the body be a countywide body. The bill would make other
conforming changes and would delete certain obsolete provisions. By
limiting the authority of a board of supervisors to designate a body
to assume the planning responsibilities of a commission, the bill
would impose a state-mandated local program by requiring a higher
level of service.
(3) Under existing law, the board of supervisors of a county and
each affected city in that county may make a determination that
proper land use planning can be accomplished by the county and the
affected cities, in which case an airport land use commission need
not be formed. If a commission is not formed pursuant to these
provisions, existing law requires the supervisors of the county and
each affected city, subject to the review and approval of the
Division of Aeronautics, to provide for the preparation of the
airport land use compatibility plan, among other things.
The bill would eliminate the authority of a county board of
supervisors and each affected city to assume the land use planning
requirements themselves upon a determination that a commission need
not be formed. The bill instead would allow a city in which an
airport is located to assume the planning responsibilities of an
airport land use commission if, prior to January 1, 2010, the board
of supervisors of a county and city council of any city in which an
airport was located made a determination that the proper land use
planning could be accomplished by the city and other requirements are
met.
The bill would require that if a determination is made by the
division that the city has not complied with the requirements of
preparing an airport land use compatibility plan by January 1, 2010,
then, within 90 days of that determination, the affected airport
shall be subject to the airport land use commission.
By eliminating the authority of a board of supervisors of a county
and each affected city in that county to determine that a commission
is not required, the bill would impose a state-mandated local
program by requiring a higher level of service.
(4) Under existing law, the general plan or special plans of a
local agency, including a city, county, or special district, are
required to be consistent with the airport land use compatibility
plan, and each local agency whose general plan or plans includes
areas covered by an airport land use compatibility plan is required
to submit a copy of its plan, any amendment, any zoning ordinance,
and any building regulation, to the airport land use commission,
unless exempted, or to the designated body performing planning as an
alternative to the airport land use commission. If the plan,
amendment, zoning ordinance, or building regulation is inconsistent
with the airport land use compatibility plan, the airport land use
commission or designated body is required to notify the local agency,
and the local agency is required to have a hearing to reconsider its
plan or action.
Under existing law, a public agency owning any airport within the
boundaries of an airport land use compatibility plan may overrule an
airport land use commission's action or recommendation affecting an
airport within the jurisdiction of that public agency, after a
hearing, by a 2/3 vote of its governing body, except the County of
Marin, which may overrule by a majority vote of its governing body,
if it makes specific findings that the proposed action is consistent
with the purposes of protecting public health, safety, and welfare,
minimizing the public's exposure to excessive noise, and minimizing
safety hazards within areas around the public airport.
This bill would repeal the authority of the County of Marin to
overrule an airport land use commission's action or recommendation
affecting an airport within the county by a majority vote.
(5) Existing law authorizes an airport land use commission to
establish a schedule of fees necessary to comply with existing law
relative to airport land use commissions and requires that the fees
charged to proponents of actions, regulations, or permits not exceed
the estimated reasonable cost of providing the service and be imposed
pursuant to certain provisions of the Government Code. Existing law
prohibits a commission that has not adopted an airport land use
compatibility plan by June 30, 1991, from charging fees, with certain
exceptions.
This bill would repeal the prohibition upon a commission charging
fees if the commission has not adopted an airport land use
compatibility plan by June 30, 1991, and would repeal the exceptions
to that prohibition.
(6) 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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 21670 of the Public Utilities Code is amended
to read:
21670. (a) The Legislature hereby finds and declares that:
(1) It is in the public interest to provide for the orderly
development of each public use airport in this state and the area
surrounding these airports so as to promote the overall goals and
objectives of the California airport noise standards adopted pursuant
to Section 21669 and to prevent the creation of new noise and safety
problems.
(2) It is the purpose of this article to protect public health,
safety, and welfare by ensuring the orderly expansion of airports and
the adoption of land use measures that minimize the public's
exposure to excessive noise and safety hazards within areas around
public airports to the extent that these areas are not already
devoted to incompatible uses.
(b) In order to achieve the purposes of this article, every county
in which there is located an airport which is served by a scheduled
airline shall establish an airport land use commission. Every county,
in which there is located an airport which is not served by a
scheduled airline, but is operated for the benefit of the general
public, shall establish an airport land use commission. For purposes
of this section, "commission" means an airport land use commission.
Each commission shall consist of seven members to be selected as
follows:
(1) Two representing the cities in the county, appointed by a city
selection committee comprised of the mayors of all the cities within
that county, except that if there are any cities contiguous or
adjacent to the qualifying airport, at least one representative shall
be appointed therefrom. If there are no cities within a county, the
number of representatives provided for by paragraphs (2) and (3)
shall each be increased by one.
(2) Two representing the county, appointed by the board of
supervisors.
(3) Two having expertise in aviation, appointed by a selection
committee comprised of the managers of all of the public airports
within that county.
(4) One representing the general public, appointed by the other
six members of the commission.
(c) Public officers, whether elected or appointed, may be
appointed and serve as members of the commission during their terms
of public office.
(d) Each member shall promptly appoint a single proxy to represent
him or her in commission affairs and to vote on all matters when the
member is not in attendance. The proxy shall be designated in a
signed written instrument which shall be kept on file at the
commission offices, and the proxy shall serve at the pleasure of the
appointing member. A vacancy in the office of proxy shall be filled
promptly by appointment of a new proxy.
(e) A person having an "expertise in aviation" means a person who,
by way of education, training, business, experience, vocation, or
avocation has acquired and possesses particular knowledge of, and
familiarity with, the function, operation, and role of airports.
(f) It is the intent of the Legislature to clarify, for the
purposes of this article, that special districts, school districts,
and community college districts are included among the local agencies
that are subject to airport land use laws and other requirements of
this article.
SEC. 2. Section 21670.1 of the Public Utilities Code is amended to
read:
21670.1. (a) Notwithstanding any other provision of this article,
if the board of supervisors and the city selection committee of
mayors in the county each makes a determination by a majority vote
that proper land use planning can be accomplished through the actions
of an appropriately designated countywide body, then the body so
designated shall assume the planning responsibilities of an airport
land use commission as provided for in this article, and a commission
need not be formed in that county.
(b) A body designated pursuant to subdivision (a) that does not
include among its membership at least two members having expertise in
aviation, as defined in subdivision (e) of Section 21670, shall,
when acting in the capacity of an airport land use commission, be
augmented so that body, as augmented, will have at least two members
having that expertise.
(c) (1) Notwithstanding subdivisions (a) and (b), and subdivision
(b) of Section 21670, if, prior to January 1, 2010, the board of
supervisors of a county and the city council of any city in which an
airport was located each made a determination that proper land use
planning pursuant to this article could be accomplished pursuant to
this subdivision, then that city may assume the planning
responsibilities of an airport land use commission as provided for in
this article for an affected airport, if all of the following
conditions are met:
(A) The affected airport is certified by the Federal Aviation
Administration of the United States Department of Transportation
pursuant to Part 139 (commencing with Section 139.1) of Title 14 of
the Code of Federal Regulations.
(B) The affected airport has a noise compatibility program in
effect approved by the Federal Aviation Administration pursuant to
Part 150 (commencing with Section 150.1) of Title 14 of the Code of
Federal Regulations.
(C) The affected airport is owned and operated by an agency that
is headquartered in a county other than the county in which the
airport is located.
(2) If the board of supervisors of a county and a city council
made a determination pursuant to paragraph (1), then the city
council, subject to the review and approval by the Division of
Aeronautics of the department, shall do all of the following:
(A) Adopt processes for the preparation, adoption, and amendment
of the airport land use compatibility plan for each airport that is
served by a scheduled airline or operated for the benefit of the
general public.
(B) Adopt processes for the notification of the general public,
landowners, interested groups, and other public agencies regarding
the preparation, adoption, and amendment of the airport land use
compatibility plans.
(C) Adopt processes for the mediation of disputes arising from the
preparation, adoption, and amendment of the airport land use
compatibility plans.
(D) Adopt processes for the amendment of general and specific
plans to be consistent with the airport land use compatibility plans.
(E) Designate the agency that shall be responsible for the
preparation, adoption, and amendment of each airport land use
compatibility plan.
(3) The Division of Aeronautics of the department shall review the
processes adopted pursuant to paragraph (2), and shall approve the
processes if the division determines that the processes are
consistent with the procedure required by this article and will do
all of the following:
(A) Result in the preparation, adoption, and implementation of
plans within a reasonable amount of time.
(B) Rely on 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.
(C) Provide adequate opportunities for notice to, review of, and
comment by the general public, landowners, interested groups, and
other public agencies.
(4) If the city does not comply with the requirements of paragraph
(2) by January 1, 2010, then the affected airport shall be subject
to the airport land use commission within 90 days of the
determination of noncompliance by the division.
SEC. 3. Section 21670.4 of the Public Utilities Code is amended to
read:
21670.4. (a) As used in this section, "intercounty airport" means
any airport bisected by a county line through its runways, runway
protection zones, inner safety zones, inner turning zones, outer
safety zones, or sideline safety zones, as defined by the department'
s Airport Land Use Planning Handbook and referenced in the airport
land use compatibility plan formulated under Section 21675.
(b) It is the purpose of this section to provide the opportunity
to establish a separate airport land use commission so that an
intercounty airport may be served by a single airport land use
planning agency, rather than having to look separately to the airport
land use commissions of the affected counties.
(c) In addition to the airport land use commissions created under
Section 21670, or the alternative planning undertaken pursuant to
subdivision (c) of Section 21670.1, for their respective counties,
the boards of supervisors and city selection committees for the
affected counties, by independent majority vote of each county's two
delegations, for any intercounty airport, may do either of the
following:
(1) Establish a single separate airport land use commission for
the airport. The airport land use commission shall consist of seven
members to be selected as follows:
(A) One representing the cities in each of the counties, appointed
by that county's city selection committee.
(B) One representing each of the counties, appointed by the board
of supervisors of each county.
(C) One from each county having expertise in aviation, appointed
by a selection committee comprised of the managers of all the public
airports within that county.
(D) One representing the general public, appointed by the other
six members of the commission.
(2) Designate an existing appropriate countywide entity as that
airport's land use commission pursuant to subdivision (a) or (b) of
Section 21670.1.
SEC. 4. Section 21671.5 of the Public Utilities Code is amended to
read:
21671.5. (a) Except for the terms of office of the members of the
first commission, the term of office of each member shall be four
years and until the appointment and qualification of his or her
successor. The members of the first commission shall classify
themselves by lot so that the term of office of one member is one
year, of two members is two years, of two members is three years, and
of two members is four years. The body that originally appointed a
member whose term has expired shall appoint his or her successor for
a full term of four years. Any member may be removed at any time and
without cause by the body appointing that member. The expiration date
of the term of office of each member shall be the first Monday in
May in the year in which that member's term is to expire. Any vacancy
in the membership of the commission shall be filled for the
unexpired term by appointment by the body which originally appointed
the member whose office has become vacant. The chairperson of the
commission shall be selected by the members thereof.
(b) Compensation, if any, shall be determined by the board of
supervisors.
(c) Staff assistance, including the mailing of notices and the
keeping of minutes and necessary quarters, equipment, and supplies
shall be provided by the county. The usual and necessary operating
expenses of the commission shall be a county charge.
(d) Notwithstanding any other provisions of this article, the
commission shall not employ any personnel either as employees or
independent contractors without the prior approval of the board of
supervisors.
(e) The commission shall meet at the call of the commission
chairperson or at the request of the majority of the commission
members. A majority of the commission members shall constitute a
quorum for the transaction of business. No action shall be taken by
the commission except by the recorded vote of a majority of the full
membership.
(f) The commission may establish a schedule of fees necessary to
comply with this article. Those fees shall be charged to the
proponents of actions, regulations, or permits, shall not exceed the
estimated reasonable cost of providing the service, and shall be
imposed pursuant to Section 66016 of the Government Code.
SEC. 5. Section 21674.7 of the Public Utilities Code is amended to
read:
21674.7. (a) An airport land use commission that formulates,
adopts, or amends an airport land use compatibility plan shall be
guided by information prepared and updated pursuant to Section
21674.5 and referred to as the Airport Land Use Planning Handbook
published by the Division of Aeronautics 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 Section 21676 or 21676.5.
SEC. 6. Section 21675.1 of the Public Utilities Code is amended to
read:
21675.1. (a) Until a commission adopts an airport land use
compatibility plan, a city or county shall first submit all actions,
regulations, and permits within the vicinity of a public airport to
the commission for review and approval. Before the commission
approves or disapproves any actions, regulations, or permits, the
commission shall provide public notice in the same manner as the city
or county is required to provide for those actions, regulations, or
permits. As used in this section, "vicinity" means land that will be
included or reasonably could be included within the airport land use
compatibility plan. If the commission has not designated an airport
influence area for the airport land use compatibility plan, "vicinity"
means land within two miles of the boundary of a public airport.
(b) The commission may approve an action, regulation, or permit if
it finds, based on substantial evidence in the record, all of the
following:
(1) The commission is making substantial progress toward the
completion of the airport land use compatibility plan.
(2) There is a reasonable probability that the action, regulation,
or permit will be consistent with the airport land use compatibility
plan being prepared by the commission.
(3) There is little or no probability of substantial detriment to
or interference with the future adopted airport land use
compatibility plan if the action, regulation, or permit is ultimately
inconsistent with the airport land use compatibility plan.
(c) If the commission disapproves an action, regulation, or
permit, the commission shall notify the city or county. The city or
county may overrule the commission, by a two-thirds vote of its
governing body, if it makes specific findings that the proposed
action, regulation, or permit is consistent with the purposes of this
article, as stated in Section 21670.
(d) If a city or county overrules the commission pursuant to
subdivision (c), that action shall not relieve the city or county
from further compliance with this article after the commission adopts
the airport land use compatibility plan.
(e) If a city or county overrules the commission pursuant to
subdivision (c) with respect to a publicly owned
public use airport that the city or county does not
operate, the operator of the airport is not liable for damages to
property or personal injury resulting from the city's or county's
decision to proceed with the action, regulation, or permit.
(f) A commission may adopt rules and regulations that exempt any
ministerial permit for single-family dwellings from the requirements
of subdivision (a) if it makes the findings required pursuant to
subdivision (b) for the proposed rules and regulations, except that
the rules and regulations may not exempt
single-family dwellings in a subdivision where 25 percent or more
of the parcels are undeveloped.
SEC. 7. Section 21677 of the Public Utilities Code is repealed.
SEC. 8. Section 21678 of the Public Utilities Code is amended to
read:
21678. With respect to a publicly owned
public use airport that a public agency does not operate, if
the public agency pursuant to Section 21676 or 21676.5 overrules a
commission's action or recommendation, the operator of the airport
shall be immune from liability for damages to property or personal
injury caused by or resulting directly or indirectly from the public
agency's decision to overrule the commission's action or
recommendation.
SEC. 9. Section 21679 of the Public Utilities Code is amended to
read:
21679. (a) In any county in which the airport land use commission
or other designated body has not adopted an airport land use
compatibility plan, an interested party may initiate proceedings in a
court of competent jurisdiction to postpone the effective date of a
zoning change, a zoning variance, the issuance of a permit, or the
adoption of a regulation by a local agency, that directly affects the
use of land within one mile of the boundary of a public airport
within the county.
(b) The court may issue an injunction that postpones the effective
date of the zoning change, zoning variance, permit, or regulation
until the governing body of the local agency that took the action
does one of the following:
(1) In the case of an action that is a legislative act, adopts a
resolution declaring that the proposed action is consistent with the
purposes of this article stated in Section 21670.
(2) In the case of an action that is not a legislative act, adopts
a resolution making findings based on substantial evidence in the
record that the proposed action is consistent with the purposes of
this article stated in Section 21670.
(3) Rescinds the action.
(4) Amends its action to make it consistent with the purposes of
this article stated in Section 21670, and complies with either
paragraph (1) or (2), whichever is applicable.
(c) The court shall not issue an injunction pursuant to
subdivision (b) if the local agency that took the action demonstrates
that the general plan and any applicable specific plan of the agency
accomplishes the purposes of an airport land use compatibility plan
as provided in Section 21675.
(d) An action brought pursuant to subdivision (a) shall be
commenced within 30 days of the decision or within the appropriate
time periods set by Section 21167 of the Public Resources Code,
whichever is longer.
(e) If the governing body of the local agency adopts a resolution
pursuant to subdivision (b) with respect to a publicly owned
public use airport that the local agency does
not operate, the operator of the airport shall be immune from
liability for damages to property or personal injury from the local
agency's decision to proceed with the zoning change, zoning variance,
permit, or regulation.
(f) As used in this section, "interested party" means any owner of
land within two miles of the boundary of the airport or any
organization with a demonstrated interest in airport safety and
efficiency.
SEC. 10. Section 21679.5 of the Public Utilities Code is amended
to read:
21679.5. (a) No action pursuant to Section 21679 to postpone the
effective date of a zoning change, a zoning variance, the issuance
of a permit, or the adoption of a regulation by a local agency,
directly affecting the use of land within one mile of the boundary of
a public airport, shall be commenced in any county in which the
commission or other designated body has not adopted an airport land
use compatibility plan, but is making substantial progress toward the
completion of the airport land use compatibility plan.
(b) An action to postpone the effective date of a zoning change, a
zoning variance, the issuance of a permit, or the adoption of a
regulation by a local agency, directly affecting the use of land
within one mile of the boundary of a public airport for which an
airport land use compatibility plan has not been adopted shall be
commenced within 30 days of the decision by the local agency, or
within the appropriate time periods set by Section 21167 of the
Public Resources Code, whichever date is later.
SEC. 11. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
