Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The following definitions apply within these regulations:
(1) "Airport runway" means any runway, or potential runway included in an airport master plan, that would be within two nautical miles of any boundary of a proposed school site that a school district intends to acquire.
(2) "Forecast aviation activity" means a projection of future aviation activity included in an airport master plan; or a regional transportation plan or similar document; or as provided by an airport owner or operator during the course of an investigation as required by Education Code Section 17215.
(3) "Runway" means a defined rectangular surface on an airport prepared or suitable for the landing or takeoff of airplanes.
(b) The State Department of Transportation (Department) shall investigate a proposed school site after receiving a written notice from the State Department of Education (Education) that includes a scaled map accurately depicting the location and boundaries of the proposed school site relative to any airport runway.
(c) The Department's investigation shall consider, but is not limited to considering: comments relevant to the proposed site acquisition received from an airport owner and operator, an airport land use commission having jurisdiction, a local planning commission having jurisdiction, and other public entities, when appropriate; existing and forecast aviation activity for each airport runway; where the proposed school site lies relative to aircraft flight paths and aircraft generated noise; and consistency with an adopted land use plan, military airfield Air Installation Compatible Use Zone study, General Plan, and similar planning documents.
(d) Based upon its investigation, the Department shall evaluate whether or not a school in the proposed location would be consistent with the enabling statute's guiding principles of promoting the safety of pupils, comprehensive community planning, and the greater educational usefulness of school sites. The Department shall recommend against acquisition of any proposed school site that it determines may not provide an adequate level of safety or non-disruptive noise for students based on aviation safety and aircraft noise considerations at the proposed site.
(1) The Department shall object to the acquisition of a proposed school site that would be within any of the following areas for existing or forecast aviation activity:
(A) a runway protection zone, which is an area for a:
a. civilian runway that is depicted in Figure 1 and has dimensions as shown in Table 1
b. military runway that is depicted and has dimensions as in Figure 2
(B) 65 decibel annual Community Noise Equivalent Level (CNEL) aircraft noise contour, as defined in 21 CCR section 5001(d).
(2) The Department may object to the acquisition of a proposed school site that would be within any of the following areas for existing or forecast aviation activity:
(A) where aircraft approaching or departing an airport are expected to be below cruise flight altitude. These areas are substantially enclosed within the areas depicted in Figure 2 and described as:
1. inner approach/departure zone, where aircraft are typically 200 to 400 feet above runway elevation for straight-in arrivals or straight-out departures
2. inner turning zone, where aircraft are typically turning and descending for landing or turning and climbing for departure
3. out approach/departure zone, where aircraft are generally below traffic pattern altitude and flying either an elongated traffic pattern or a published instrument approach procedure; this zone will be aligned with the extended runway centerline for an elongated traffic pattern and aligned with the published instrument approach procedure, when that procedure is not aligned with the extended runway centerline; each runway may have more than one outer approach/departure zone.
4. sideline zone, where aircraft may lose directional control on takeoff
5. traffic pattern zone, includes all portions of an airport's designated traffic pattern and pattern entry routes.
(B) where an adopted airport land use plan, military airfield Air Installation Compatible Use Zone study, General Plan, or similar planning document identifies schools as not normally compatible or not normally recommended.
(C) any other site that the Department determines may not provide an adequate level of safety of non-disruptive noise for students based on aviation safety and aircraft noise considerations.
1. New chapter 2.1 (section 3570, Figure 1, Table 1 and Figure 2), new section and Figure 1, Table 1 and Figure 2 filed 2-3-2003; operative 3-5-2003 (Register 2003, No. 6).
Note: Authority cited: Section 17215, Education Code. Reference: Section 17215, Education Code.
