Date of Hearing: June 26, 2019

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 242

Author:(Roth) – As Amended Ver:March 27, 2019

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill updates and streamlines local agency requirements for notifying the military of proposed developments near military installations.  The bill also requires OPR to post on its website specified information on development proposals, military points of contact and maps of low-level flight paths, special use airspace and military installations.

FISCAL EFFECT:

The Governor’s Office of Planning and Research (OPR) would incur minor administrative costs (GF) to post specified information on its website.  Staff notes that OPR has recently initiated efforts to post information on its website to facilitate coordination between military officials and local governments, following a cooperative stakeholder process with officials from the military and local governments. 

COMMENTS:

Background and Purpose. Existing law, enacted by SB 1462 (Kuehl), Chapter 201, Statutes of 2014, requires local officials considering changes to a general plan to notify and share the draft with the U.S. military if it would affect land area within 1,000 feet of a military installation or under special use airspace and low-level flight paths.  Local agencies considering development approvals must also mail a copy of any completed application for development to affected U.S. military branches if the development falls within the areas described above.  These requirements only apply to branches of the military that have provided OPR with a California mailing address and electronic maps of the affected area.  Existing law also specifies a process for mediating disputes between the U.S. military, development applicants and local agencies.

In 2018, OPR held a series of workshops with military installations and local agencies to review current statutes for coordinating land use decisions with the military.  This bill implements recommendations from that stakeholder process to streamline and update notification requirements.  Specifically, SB 242 authorizes electronic communications, rather than requiring mailing hard copies of general plan updates and completed development applications, and requires OPR to post the following information on its website:  summary information on proposed developments; military points of contact; and maps of low-level flight paths, special use airspace and military installations. 

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: June 19, 2019

ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT

Cecilia Aguiar-Curry, Chair

SBPCA Bill Id:SB 242

Author:(Roth) – As Amended Ver:March 27, 2019

SENATE VOTE: 37-0

SUBJECT: Land use applications: Department of Defense: points of contact.

SUMMARY: Revises provisions of law governing public agencies’ duties to notify the United States military regarding specified development decisions. Specifically, this bill:

1. Allows branches of the military to provide a point of contact, instead of a California mailing address, to the Office of Planning and Research (OPR) for the purpose of existing law that requires the planning agency of a county or city to refer to branches of the military a proposed action to adopt or substantially amend a general plan, if that action is within 1,000 feet of a military installation or lies within special use airspace or beneath a low-level flight path.
2. Repeals language that conditions the notice referenced in 1), above, on the United States Department of Defense (DOD) providing 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 OPR.
3. Repeals language that requires OPR, within 30 days of determining that the information provided by DOD pursuant to 2), above, is sufficient and in an acceptable scale and format, to notify counties and cities of the availability of the information on the Internet, and that requires counties and cities to notify branches of the military as required in 1), above, within 30 days of receiving this notice from OPR.
4. Makes changes conforming with 2) and 3), above, to statutes governing the information required from applicants for development projects that are proposed to be located within 1,000 feet of a military installation, beneath a low-level flight path or within special use airspace, and within an urbanized area, as specified.
5. Deletes a requirement that a public agency provide to branches of the military a copy of a complete application for a development project that is proposed to be located within 1,000 feet of a military installation or within special use airspace or beneath a low-level flight path, and instead requires only a notice of such a complete application, and makes conforming changes.
6. Requires, rather than allows, public agencies and project applicants to consult with impacted military branches upon request to discuss the effects of a proposed development project as described in 5), above, on military installations, low-level flight paths, or special use airspace, and potential alternatives and mitigation measures.
7. Revises and recasts provisions of law governing OPR’s duties as they relate to 4) through 6), above, to require OPR to 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; and,
   3. The information required in the notice of a completed application, which shall include, at a minimum, all of the following:
      1. The project’s specific location;
      2. The major physical alterations to the property on which the project will be located;
      3. 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; and,
      4. The proposed land uses by number of units or square feet using the categories in the applicable zoning ordinance.
8. Refines the definition of “special use airspace” for the purpose of specified notices to the military that the California Environmental Quality Act (CEQA) requires, to include all area underlying airspace (not just land area).
9. Makes additional technical and conforming changes.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Background. SB 1462 (Kuehl), Chapter 906, Statutes of 2004, required public agencies, primarily local agencies, to take certain steps when considering land use decisions that may affect military installations in California. Among its many provisions, SB 1462 required local officials that are considering adopting or changing a general plan to notify the military if the proposed action would affect land area within 1,000 feet of a military installation or under special use airspace or low-level flight paths. Local agencies that are considering development approvals must also mail a copy of any completed application for development to affected military branches if the development falls within those areas. These requirements apply to branches of the military that have provided OPR with a California mailing address and electronic maps of the affected area. SB 1462 also established a process for mediating disputes between the military, a development applicant, and a local agency.

In the 15 years since SB 1462 was enacted, information on military installations, special use airspace, and low-level flight paths has become readily available to the public online, and electronic communications have become much more common. Requiring a mailing address in California has also become outdated, as some of the military units that review the information local agencies provide are located outside the state. In addition, complete development applications are often lengthy and cumbersome, and can contain more information than necessary for the military to ascertain the potential impacts of any given development project.

1. Author’s Statement and Bill Summary. According to the author, “Given recent innovations in mapping technology, compliance with current law is unnecessarily burdensome…SB 242 makes it easier for local governments and project applicants to fulfill the law, which will result in higher overall compliance and better collaboration between military installations and state and local governments.”

This bill makes a number of changes to law governing the notifications public agencies must provide the military regarding land use decisions that could affect military installations. The bill’s major provisions include:

• 1. Allowing the military to provide a point of contact, rather than a California mailing address, for the purpose of notifications local agencies must provide the military regarding general plan changes;
  2. Removing statutory provisions regarding electronic maps of flight paths, special use airspace and military installations the DOD is to provide to OPR, and related provisions, as such maps are now readily available on the Internet;
  3. Allowing public agencies to provide notice, instead of a copy, of a completed development application to the military;
  4. Requiring, instead of allowing, public agencies and project applicants to consult with the military upon request regarding the effects of proposed projects on military installations, low-level flight paths, or special use airspace; and,
  5. Specifying the information OPR must include on its website regarding military maps, military points of contact, and the information required in a notice to the military of a completed application for a development project.

This bill is sponsored by the author.

1. Arguments in Support. The United States Army, Marine Corps, Navy and Air Force installations in California, in support, state, “This bill would update and streamline requirements for notifying the military of proposed developments near military installations and activities…(I)t would simplify compliance with current law, allowing land use decisions to be informed by all relevant factors, and giving military installations the opportunity to raise concerns in a timely fashion.”
2. Arguments in Opposition. None on file.

REGISTERED SUPPORT / OPPOSITION:

Support

American Planning Association, California Chapter

San Diego Military Advisory Council

United States Army, Marine Corps, Navy, and Air Force Installations in California

Opposition

None on file

Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958

 CONSENT  

Bill No: SB 242

Author: Roth (D)

Amended: 3/27/19

Vote: 21

SENATE GOVERNANCE & FIN. COMMITTEE: 6-0, 4/3/19

AYES: McGuire, Moorlach, Beall, Hertzberg, Hurtado, Wiener

NO VOTE RECORDED: Nielsen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Land use applications: Department of Defense: points of contact

SOURCE: Author

DIGEST:

This bill revises state requirements to notify the United States military about specified development decisions.

ANALYSIS:

Existing law:

1. Requires every county and city to adopt a general plan that sets out planned uses for all of the area covered by the plan. Every county and city must adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety. General plans must also either include an eighth element on environmental justice, or incorporate environmental justice concerns throughout the other elements.
2. Requires many cities’ and counties’ major land use decisions—subdivisions, zoning, public works projects, use permits—must be consistent with their general plans. Development decisions must carry out and not obstruct a general plan’s policies.
3. Requires local agencies to take certain steps when considering land use decisions that may affect the military (SB 1462, Kuehl, Chapter 906, Statutes of 2004). Local officials that are considering changes to a general plan must notify and share the draft with the U.S. military if it would affect land area within 1,000 feet of a military installation or under special use airspace and low-level flight paths. Local agencies that are considering development approvals must also mail a copy of any completed application for development to affected U.S. military branches if the development falls within those areas. However, these requirements only apply to those branches of the military that have provided the Governor’s Office of Planning and Research (OPR) with a California mailing address and electronic maps of the affected area. SB 1462 also established a process for mediating disputes between the U.S. military, a development applicant, and a local agency.

This bill:

1. Requires the planning agency of a local government to refer a general plan to the branches of the military that have provided OPR with a point of contact (instead of a California mailing address) 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.
2. Requires a public agency to provide a notice of a complete development application that contains the following information on a proposed development, including:
   1. The specific location of the project;
   2. The major physical alterations to the property on which the project is to be located;
   3. A site place showing the location on the property, as well as the massing, height, and approximate square footage, of each building that is to be occupied; and
   4. The proposed land uses by number of units or square feet using the categories in the applicable zoning ordinance.
3. Requires OPR to post on its Web site the information that must be contained in the notice; maps of low-level flight paths, special use airspace, and military installations; and points of contact.
4. Repeals provisions of law that:
   1. Require OPR to only post the maps if they are provided to OPR by the Department of Defense in an electronic format and notify local governments that the maps are available, and
   2. Require cities and counties to comply with current law’s requirements for notification of the military when new developments are proposed or general plans are adopted or amended.
5. Refines the definition of “special use airspace” for the purposes of notification to include all area underlying airspace.
6. Makes other technical and conforming changes.

Background

California has long been an important state for the readiness of the U.S. military: California has the largest population of U.S. military service members of any state, and the U.S. military relies on California's high-tech and aerospace industries. In addition, the state's military bases and the airspaces that link them are important to the Pentagon's planning for overseas combat. Military aircraft from all branches use this airspace, often at high speeds and low altitudes. Military training over civilian development can be hazardous and result in political pressure to limit low-level, high-speed flights.

Concerned about the land use conflicts beneath special use airspace, military installations, and new development, the Legislature required local agencies to take certain steps when considering land use decisions that may affect the military (SB 1462). In the 15 years since SB 1462 was enacted, information on military installations, special use airspace, and low-level flight paths has become readily available to the public online, and electronic communications have become much more common. Military officials want to modernize the practices established by SB 1462.

Comments

Purpose of the bill. In 2004, the Legislature established commonsense notification requirements to reduce disagreements over land uses that may be affected by military operations—or vice versa. To make that bill workable at a time when digital information was less ubiquitous, it contained provisions that required physical copies of general plans and development applications to be mailed to affected military branches, but only if those branches made information readily available in electronic format. Since that bill was enacted, email and Internet access have been greatly expanded: public agencies can easily find online the information they need to determine whether the military must be notified about their land use decisions, and email is a more convenient way of distributing information than postal mail. In addition, the relevant decision makers on land use conflicts are located outside state boundaries because of the way in which certain military hierarchies are structured, making a California mailing address less useful as a point of contact. SB 242 updates California’s military notification laws for the modern era and repeals provisions of law that are no longer relevant. Together, these changes simplify compliance for developers, public agencies, and the military alike.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 4/24/19)

American Planning Association, California Chapter
San Diego Military Advisory Council Foundation
United States Army, Marine Corps, Navy, and Air Force Installations in California

OPPOSITION: (Verified 4/24/19)

None received

Prepared by: Anton Favorini-Csorba / GOV. & F. / (916) 651-4119

4/24/19 14:37:54

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SENATE COMMITTEE ON GOVERNANCE AND FINANCE

Senator Mike McGuire, Chair

2019 - 2020 Regular

Land use applications: Department of Defense: points of contact

Revises state requirements to notify the United States military about specified development decisions.

Background

The Planning and Zoning Law requires every county and city to adopt a general plan that sets out planned uses for all of the area covered by the plan. Every county and city must adopt a general plan with seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety. General plans must also either include an eighth element on environmental justice, or incorporate environmental justice concerns throughout the other elements. Most of cities’ and counties’ major land use decisions—subdivisions, zoning, public works projects, use permits—must be consistent with their general plans. Development decisions must carry out and not obstruct a general plan’s policies. The Planning and Zoning Law also establishes a planning agency in each city and county, which may be a separate planning commission, administrative body, or the legislative body of the city or county itself. The Permit Streamlining Act governs the development approval process; among other things, local agencies must establish a list of information that is required from development applicants before their application can be certified as complete.

California has long been an important state for the readiness of the United States (U.S.) military: California has the largest population of U.S. military service members of any state, and the U.S. military relies on California's high-tech and aerospace industries. In addition, the state's military bases and the airspaces that link them are important to the Pentagon's planning for overseas combat. Military aircraft from all branches use this airspace, often at high speeds and low altitudes. Military training over civilian development can be hazardous and result in political pressure to limit low-level, high-speed flights.

Concerned about the land use conflicts beneath special use airspace, military installations, and new development, the Legislature required local agencies to take certain steps when considering land use decisions that may affect the military (SB 1462, Kuehl, 2004). Local officials that are considering changes to a general plan must notify and share the draft with the U.S. military if it would affect land area within 1,000 feet of a military installation or under special use airspace and low-level flight paths. Local agencies that are considering development approvals must also mail a copy of any completed application for development to affected U.S. military branches if the development falls within those areas. However, these requirements only apply to those branches of the military that have provided the Governor’s Office of Planning and Research (OPR) with a California mailing address and electronic maps of the affected area. SB 1462 also established a process for mediating disputes between the U.S. military, a development applicant, and a local agency.

In the 15 years since SB 1462 was enacted, information on military installations, special use airspace, and low-level flight paths has become readily available to the public online, and electronic communications have become much more common. Military officials want to modernize the practices established by SB 1462.

Proposed Law

Senate Bill 242 requires the planning agency of a local government to refer a general plan to the branches of the military that have provided OPR with a point of contact (instead of a California mailing address) 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.

SB 242 requires a public agency to provide a notice of a complete development application that contains the following information on a proposed development, including:

• The specific location of the project;
• The major physical alterations to the property on which the project is to be located;
• A site place showing the location on the property, as well as the massing, height, and approximate square footage, of each building that is to be occupied; and
• The proposed land uses by number of units or square feet using the categories in the applicable zoning ordinance.

SB 242 requires OPR to post on its website the information that must be contained in the notice; maps of low-level flight paths, special use airspace, and military installations; and points of contact.

SB 242 also repeals provisions of law that:

• Requires OPR to only post the maps if they are provided to OPR by the Department of Defense in an electronic format and notify local governments that the maps are available, and
• Require cities and counties to comply with current law’s requirements for notification of the military when new developments are proposed or general plans are adopted or amended.

SB 242 refines the definition of “special use airspace” for the purposes of notification to include all area underlying airspace and makes other technical and conforming changes.

State Revenue Impact

No estimate.

Comments

1. Purpose of the bill. In 2004, the Legislature established commonsense notification requirements to reduce disagreements over land uses that may be affected by military operations—or vice versa. To make that bill workable at a time when digital information was less ubiquitous, it contained provisions that required physical copies of general plans and development applications to be mailed to affected military branches, but only if those branches made information readily available in electronic format. Since that bill was enacted, email and internet access have been greatly expanded: public agencies can easily find online the information they need to determine whether the military must be notified about their land use decisions, and email is a more convenient way of distributing information than postal mail. In addition, the relevant decision makers on land use conflicts are located outside state boundaries because of the way in which certain military hierarchies are structured, making a California mailing address less useful as a point of contact. SB 242 updates California’s military notification laws for the modern era and repeals provisions of law that are no longer relevant. Together, these changes simplify compliance for developers, public agencies, and the military alike.

Support and Opposition

(3/28/19)

Support: American Planning Association, California Chapter; U.S. Army, Marine Corps., Navy and Air Force installations in California.

Opposition: Unknown.

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