MCAS Miramar Airport Land Use Compatibility Plan - San Diego ...

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INTRODUCTION CHAPTER 1LimitationsThe above fundamental purpose notwithstanding, there are important limitations on anALUC's authority. Three important limitations are explicitly written into the law: ALUCs haveno authority over either "existing land uses" (Pub. Util. Code, §21674(a)) or the "operation ofairports" (Pub. Util. Code, §21674(e)). Definitions of existing land use and airport-related use areprovided in Chapter 2. In addition, although ALUCs must prepare compatibility plans formilitary airports, ALUCs have no jurisdiction over federal lands, such as military bases. (Pub.Util. Code, §21675(b).)A fourth, less absolute limitation upon ALUC authority concerns the types of land use actionsthat are subject to ALUC review. The law emphasizes that local general plans are the primarymechanism for implementing the compatibility policies set forth in an ALUC's compatibilityplan. Thus, each local agency that has land within the AIA established in the MCAS MiramarALUCP is required to make its general plan (or land use policy documents and implementingordinances) consistent with the ALUCP, or take special steps to overrule the ALUC. Once theALUC has determined that the county or cit(ies) general plan(s) are consistent with theALUCP, or the local agency overrules the ALUC, the ALUC's authority to review projects withinthat jurisdiction is limited. The only actions for which review remains mandatory are theproposed adoption or amendment of general plans, specific plans, zoning ordinances, andbuilding regulations (or other land use policy documents and implementing ordinances)affecting land within the AIA. Submittal of individual projects for ALUC review is voluntary,and ALUC determinations on these projects are recommendations and are not subject to theoverruling provisions associated with mandatory reviews. (Pub. Util. Code, §21676.5(b)).1.1.3 San Diego County Airport Land Use CommissionAs noted earlier in this chapter, the SDCRAA serves as the ALUC in San Diego County. TheSDCRAA designation as the San Diego County ALUC is written into state law. (Pub. Util.Code, §21670.3.) The SDCRAA assumed ALUC duties from SANDAG when the SDCRAAcame into existence on January 1, 2003. SANDAG had served as the San Diego County ALUCsince December 1970 when the ALUC function was first established.In addition to serving as the County's ALUC, the SDCRAA is the operator of San DiegoInternational Airport (SDIA), the sole major domestic and international airport in the County.Additionally, the SDCRAA is responsible for leading the comprehensive planning effortdirected at meeting the long-term air transportation service demands of the region. Inconnection with this responsibility, the SDCRAA must complete a Regional Aviation StrategicPlan by June 30, 2011. The goal of the Plan is to improve the performance of all airports withinSan Diego County. While these three functions are housed within a single organization, theALUC role is largely independent of the others because, by law, ALUCs have no authority overairport operations.1.1.4 Relationship of the ALUC to Local AgenciesThe fundamental relationship between the San Diego County ALUC and the local agencies thatmay be affected by this Compatibility Plan is set forth in the Aeronautics Act. The ALUC does notneed the approval of the county or any city in order to adopt this Compatibility Plan or to carryout the ALUC project review responsibilities; however, the ALUC must coordinate its activitiesMCAS Miramar Airport Land Use Compatibility Plan (Adopted October 2008) 1–3
CHAPTER 1INTRODUCTIONwith the local agencies. In one particular respect, this coordination is mandatory. State lawrequires "hearing and consultation with the involved agencies" with regard to establishment ofAIA boundaries. (Pub. Util. Code, §21675(c).)Another aspect of the relationship between the ALUC and local agencies concernsimplementation of the Compatibility Plan. Although the ALUC has the sole authority to adoptthis Compatibility Plan and to conduct compatibility reviews, the authority and responsibility forimplementing the compatibility policies rests with the local agencies that control land uses withinthe AIA. Actions that these local agencies can take to implement the Compatibility Plan's policiesare outlined later in this chapter.1.2 POLICY FRAMEWORKThe policies in Chapter 2 and 3 of this Compatibility Plan are based upon these primary sources:the Aeronautics Act and other state laws and guidelines, including those in the California AirportLand Use Planning Handbook (Handbook) published by the California Department ofTransportation, Division of Aeronautics (Division of Aeronautics); and the MCAS Miramar AICUZ,dated December 2004, and revised March 2005.1.2.1 State Laws and GuidelinesMany of the procedures that govern how ALUCs operate are defined by state law. Statutoryprovisions in the Public Utilities Code require ALUC adoption of compatibility plans for eachpublic use and military airport, and establish certain steps to be taken in the plan adoptionprocess. (See Pub. Util. Code, §21675.) The law also dictates the requirements for airport landuse compatibility reviews by the ALUC and the types of actions that local agencies must submitfor a consistency review. (See, e.g., Pub. Util. Code, §§21675.2, 21676, 21676.5.)When preparing compatibility plans for individual airports, ALUCs must be guided by theinformation contained in the Handbook. The Handbook is not regulatory in nature, however, andit does not constitute formal state policy except to the extent that it explicitly refers to statelaws. Rather, its guidance is intended to serve as the starting point for compatibility planningaround individual airports. The policies and maps in this Compatibility Plan take into account theguidance provided in the current edition of the Handbook, dated January 2002.An additional function of the Handbook is established elsewhere in California state law. ThePublic Resources Code creates a tie between the Handbook and California EnvironmentalQuality Act (CEQA) documents. Specifically, Public Resources Code section 21096 requiresthat lead agencies use the Handbook as "a technical resource" when assessing airport-relatednoise and safety impacts of projects located in the vicinity of airports.The Handbook is available from the Division of Aeronautics.1.2.2 Relationship to AICUZ StudiesFederal regulations require the military services to prepare an AICUZ study for each militaryairfield. The AICUZ Program was established by the Department of Defense (DOD) inresponse to increasing incompatible urban development around military airfields. DODInstruction Number 4165.57 (November 8, 1977) (Basic Instruction) provides the overall1–4 MCAS Miramar Airport Land Use Compatibility Plan (Adopted October 2008)
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A P P E N D I X AState Laws Related
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STATE LAWS RELATED TO AIRPORT LAND
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A P P E N D I X BFederal Aviation R
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FEDERAL AVIATION REGULATIONS PART 7
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A P P E N D I X CAirport Land Use C
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A P P E N D I X DMethods for Determ
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METHODS FOR DETERMINING CONCENTRATI
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A P P E N D I XGeneral Plan Consist
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SAMPLE IMPLEMENTATION DOCUMENTSAPPE
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A P P E N D I XGOn-Line Implementat
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APPENDIX HGLOSSARY OF TERMSAirport
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APPENDIX HGLOSSARY OF TERMSEasement
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APPENDIX HGLOSSARY OF TERMSregulati
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MCAS Miramar Airport Land Use Compatibility Plan - San Diego ...

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