HomeMy WebLinkAbout1990-02-13 - AGENDA REPORTS - AB 2540 SCHOOL FACILITIES (2)NEW BUSINESS
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February 13, 1990
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AGENDA REPORT
City Manager Approval
Item to be presented by:
ASSEMBLY BILL 2540 (WRIGHT)
City Manager
George Caravalho
Assembly Bill 2540, introduced by Cathie Wright, requires a
general plan for the physical development of a county or city to include a
school facilities element which would identify demographic projections and
potential school sites consistent with the land use planning element.
Existing law requires each planning agency and the legislative body of each
county and city to adopt a comprehensive, long-term general plan for the
physical development of the county or city. The general plan contains, among
other elements, a land use element which designates the- proposed general
distribution and general location and extent of the uses of the land for
specific purposes.
This bill would impose a state mandated local program by .requiring the general
plan to include a school facilities element which would be required to include
demographic projections and potential school sites consistent with the land use
planning element.
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 mandated claims fund to pay the costs of mandated claims which do not
exceed $1 million statewide.
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 those statutory procedures.
Assembly 2540 was introduced on January. 3, 1990 and is currently in the Assembly
Local Government Committee.
RECOMMENDATION:
Staff recommends that the City Council support AB 2540 (Wright) and authorize
the Mayor to sign letters of support.
ATTACHMENT:
Assembly Bill 2540
Agenda Item: A A AO7
CA AB 2540
02/02/90
Page 1
ASSEMBLY BILL No. 2540
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Introduced by Assembly.Member Wright
January 3, 1990
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An act to amend Section 65302 of the Government Code, relating to
local agencies.
LEGISLATIVE COUNSEL'S DIGEST
AB 2540, as introduced, Wright. Local agencies.
Existing law requires each planning agency and the legislative body
of each county and city to adopt a comprehensive, long-term general
plan for the physical development of the county or city and land
outside its boundaries which in the planning agency's judgment bears
relation to its planning. The general plan contains, among other
elements, a land use element which designates the proposed general
distribution and general location and extent of the uses of the land
for specified purposes.
This bill would impose a state -mandated local program by requiring
the general plan to include a school facilities element which would be
required to include demographic projections and potential schoolsites
consistent with the land use planning element.
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 which 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 this bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to those
statutory procedures and, if the statewide cost does not exceed
$1,000,000, shall be made from the State Mandates Claims Fund.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
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CA AB 2540
02/02/90
•
The people of the State of California do enact as follows:
Page 2
SECTION 1. 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 designate, in a land use
category that provides for timber production, those parcels of real
property zoned for timberland produc.tion 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.
(b) A circulation element consisting of the general location and
extent of existing and.proposed major thoroughfares, transportation
routes, terminals, 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. 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 which have developed, served, controlled or
conserved water for any purpose for the county or city for which the
plan is prepared. The conservation element may also cover:
(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.
CA AB 2540 02/02/90 Page 3
(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 online 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 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
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CA AB 2540
02/02/90
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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 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, 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.
< (h) A school facilities element which includes demographic >
< projections and potential schoolsites, and which is consistent with >
< subdivision (a).>
SEC. 2. 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
CA AB 2540 02/02/90 Page 5
be made from the State Mandates Claims Fund. Notwithstanding Section
17580 of the Government Code, unless otherwise specified in this act,
the provisions of this act shall become operative on the same date
that the act takes effect pursuant to the California Constitution.
END OF REPORT