as amended, Ting.
begin deleteLand use: zoning. end delete
The Planning and Zoning Law requires 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 of any land outside its boundaries that bears relation to its planning. That law requires this general plan to include several elements, including land use, circulation, housing, open-space, and conservation elements, which are required to meet specified requirements.end delete
This bill would state the intent of the Legislature to enact legislation that would create incentives for owners of undeveloped property in urban residential areas to lease their land for agricultural use or the creation of urban green space, or both.end delete
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
(a) In the assessment of land, the assessor shall consider
2the effect upon value of any enforceable restrictions to which the
3use of the land may be subjected. These restrictions shall include,
4but are not limited to, all of the following:
6(2) Recorded contracts with governmental agencies other than
7those provided in Sections 422 and 422.5.
8(3) Permit authority of, and permits issued by, governmental
9agencies exercising land use powers concurrently with local
10governments, including the California Coastal Commission and
11regional coastal commissions, the San Francisco Bay Conservation
12and Development Commission, and the Tahoe Regional Planning
14(4) Development controls of a local government in accordance
15with any local coastal program certified pursuant to Division 20
16(commencing with Section 30000) of the Public Resources Code.
17(5) Development controls of a local government in accordance
18with a local protection program, or any component thereof, certified
19pursuant to Division 19 (commencing with Section 29000) of the
20Public Resources Code.
21(6) Environmental constraints applied to the use of land pursuant
22to provisions of statutes.
23(7) Hazardous waste land use restriction pursuant to Section
2425240 of the Health and Safety Code.
25(8) A recorded conservation, trail, or scenic easement, as
26described in Section 815.1 of the Civil Code, that is granted in
27favor of a public agency, or in favor of a nonprofit corporation
28organized pursuant to Section 501(c)(3) of the Internal Revenue
29Code that has as its primary purpose the preservation, protection,
30or enhancement of land in its natural, scenic, historical, agricultural,
31forested, or open-space condition or use.
32(9) A solar-use easement pursuant to Chapter 6.9 (commencing
33with Section 51190) of Part 1 of Division 1 of Title 5 of the
38(b) There is a rebuttable presumption that restrictions will not
39be removed or substantially modified in the predictable future and
P5 1that they will substantially equate the value of the land to the value
2attributable to the legally permissible use or uses.
3(c) Grounds for rebutting the presumption may include, but are
4not necessarily limited to, the past history of like use restrictions
5in the jurisdiction in question and the similarity of sales prices for
6restricted and unrestricted land. The possible expiration of a
7restriction at a time certain shall not be conclusive evidence of the
8future removal or modification of the restriction unless there is no
9opportunity or likelihood of the continuation or renewal of the
10restriction, or unless a necessary party to the restriction has
11indicated an intent to permit its expiration at that time.
12(d) In assessing land with respect to which the presumption is
13unrebutted, the assessor shall not consider sales of otherwise
14comparable land not similarly restricted as to use as indicative of
15value of land under restriction, unless the restrictions have a
16demonstrably minimal effect upon value.
17(e) In assessing land under an enforceable use restriction wherein
18the presumption of no predictable removal or substantial
19modification of the restriction has been rebutted, but where the
20restriction nevertheless retains some future life and has some effect
21on present value, the assessor may consider, in addition to all other
22legally permissible information, representative sales of comparable
23lands that are not under restriction but upon which natural
24limitations have substantially the same effect as restrictions.
25(f) For the purposes of this section the following definitions
27(1) “Comparable lands” are lands that are similar to the land
28being valued in respect to legally permissible uses and physical
30(2) “Representative sales information” is information from sales
31of a sufficient number of comparable lands to give an accurate
32indication of the full cash value of the land being valued.
33(g) It is hereby declared that the purpose and intent of the
34Legislature in enacting this section is to provide for a method of
35determining whether a sufficient amount of representative sales
36information is available for land under use restriction in order to
37ensure the accurate assessment of that land. It is also hereby
38declared that the further purpose and intent of the Legislature in
39enacting this section and Section 1630 is to avoid an assessment
40policy which, in the absence of special circumstances, considers
P6 1uses for land that legally are not available to the owner and not
2contemplated by government, and that these sections are necessary
3to implement the public policy of encouraging and maintaining
4effective land use planning. Nothing in this statute shall be
5construed as requiring the assessment of any land at a value less
6than as required by Section 401 or as prohibiting the use of
7representative comparable sales information on land under similar
8restrictions when this information is available.
It is the intent of the Legislature to enact
10legislation that would create incentives for owners of undeveloped
11property in urban residential areas to lease their land for agricultural
12use or the creation of urban green space, or both.