BILL NUMBER: AB 494 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
INTRODUCED BY Assembly Member Caballero
FEBRUARY 24, 2009
An act to amend Sections 51230.2 and 66474.4
Section 51230.2 of, and to add Section 65852.12 to, the
Government Code , relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 494, as amended, Caballero. Local planning: farmworker
agricultural laborer housing.
(1) The Williamson Act authorizes any city or county to enter into
a contract with the owner of agricultural land for the purpose of
preserving that land in accordance with the conditions established by
that contract and the act. The act authorizes a landowner to
subdivide land subject to a Williamson Act contract for the purpose
of providing farmworker housing if specified criteria regarding the
parcel and the transaction are met, including the criterion that the
parcel be within a city or an unincorporated territory or sphere of
influence that is contiguous to one or more parcels that are already
zoned residential, commercial, or industrial and developed with
existing residential, commercial, or industrial uses.
This bill would modify that criterion so that the parcel would be
required to be within a city or in an unincorporated territory or
sphere of influence that is contiguous to one or more parcels that
are already zoned residential, commercial, or industrial and
developed with existing residential, commercial, or industrial uses,
or has access to an existing source of potable
drinking water and sanitary sewer service.
(2) The Planning and Zoning Law provides for the adoption and
administration of zoning laws, ordinances, rules, and regulations by
a city, county, or city and county.
This bill would determine the erection, construction,
alteration , or maintenance of agricultural laborer
housing to be an allowable use within any agricultural zone,
unless a legislative body makes a specified finding. The bill would
prohibit a city, county, or city and county, when an applicant
proposes to subdivide land for the purposes of developing
farmworker agricultural laborer housing, as
specified, from enforcing or imposing any local ordinance,
regulation, or development standard that requires a minimum parcel
size. The bill would establish specified requirements for a parcel
proposed to be developed as farmworker
agricultural laborer housing pursuant the above provisions, and
would require the development of farmworker
agricultural laborer housing on a parcel pursuant to these
provisions to be considered an agricultural use of the land. The bill
would provide that these provisions do not apply if at the time of
application greater than 100 acres of land within the jurisdiction
have been developed with farmworker
agricultural laborer housing pursuant to these
provisions.
(3) The Subdivision Map Act requires the legislative body of a
city or county to deny approval of a tentative map or a parcel map
for land subject to an open-space easement, an agricultural
conservation easement, or conservation easement if the resulting
parcels would be too small to sustain their restricted agricultural
use.
This bill would exempt from these provisions farmworker housing on
agricultural land that is subject to a Williamson Act contract or
farmworker housing that meets specified conditions. By adding to the
duties of local officials, this bill would impose a state-mandated
local program.
(4) 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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51230.2 of the Government Code is amended to
read:
51230.2. (a) Except as provided in Section 51238, and
notwithstanding Section 51222 or 66474.4, a landowner may subdivide
land that is currently designated as an agricultural preserve if all
of the following apply:
(1) The parcel to be sold or leased is no more than five acres.
(2) The parcel shall be sold or leased to a nonprofit
organization, a city, a county, a housing authority, or a state
agency. A lessee that is a nonprofit organization shall not sublease
that parcel without the written consent of the landowner.
(3) The parcel to be sold or leased shall be subject to a deed
restriction that limits the use of the parcel to agricultural laborer
housing facilities for not less than 30 years. That deed restriction
shall also require that parcel to be merged with the parcel from
which it was subdivided when the parcel ceases to be used for
agricultural laborer housing.
(4) There is a written agreement between the parties to the sale
or lease and their successors to operate the parcel to be sold or
leased under joint management of the parties, subject to the terms
and conditions and for the duration of the contract executed pursuant
to Article 3 (commencing with Section 51240).
(5) The parcel to be sold or leased is (A) within a city or (B) in
an unincorporated territory or sphere of influence that is
contiguous to one or more parcels that are already zoned residential,
commercial, or industrial and developed with existing residential,
commercial, or industrial uses, or the parcel has access to
existing an existing source of potable drinking
water and sanitary sewer service.
(b) The agricultural labor housing project shall be designed to
abate, to the extent practicable, impacts on adjacent landowners'
agricultural husbandry practices. The final plan for the housing
shall include an addendum that explains what features will be
included to meet this goal.
(c) A subdivision of land pursuant to this section shall not
affect any contract executed pursuant to Article 3 (commencing with
Section 51240). The parcel to be sold or leased shall remain subject
to that contract.
SEC. 2. Section 65852.12 is added to the Government Code, to read:
65852.12. (a) Notwithstanding The
erection, construction, alteration, or maintenance of agricultural
laborer housing is hereby deemed to be an allowable use within any
agricultural zone, unless a legislative body after notice and hearing
makes a finding based on substantial evidence of either of the
following:
(1) The locality has adopted a housing element in substantial
compliance with Article 10.6 (commencing with Section 65580) of
Chapter 3 that has been revised in accordance with Section 65588, and
there is no existing need for agricultural laborer housing within
the locality.
(2) The provision of agricultural laborer housing on
agriculturally zoned land would have a specific, adverse impact, as
defined in paragraph (2) of subdivision (d) of Section 65589.5, upon
public health or safety that cannot be satisfactorily mitigated
without rendering the development of agricultural laborer housing
infeasible.
(b) Notwithstanding Section
66474.4, when an applicant proposes to subdivide land for the
purposes of developing farmworker
agricultural laborer housing that meets the requirements of
subdivision (b) subdivisions (a) and (c)
, the city, county, or city and county shall not enforce or
impose any local ordinance, regulation, or development standard that
requires a minimum parcel size.
(b) Farmworker
(c) Agricultural laborer housing
proposed pursuant to subdivision (a) shall meet all of the following:
(1) The parcel to be created is on land currently zoned for
agricultural use or on land zoned for open space but currently in
agricultural use, provided the land is not subject to an
open-space that where the land is subject to a
conservation easement, as defined in Section 815.1 of the Civil Code,
the proposed housing is consistent with the terms of that
easement.
(2) The parcel to be sold or leased is five acres or smaller.
(3) The parcel shall be sold or leased to a nonprofit
organization, a city, a county, a housing authority, or a state
agency. A lessee that is a nonprofit organization shall not sublease
that parcel without the written consent of the landowner.
(4) The parcel to be sold or leased shall be subject to a deed
restriction that limits the use of the parcel to farmworker
agricultural laborer housing facilities for not
less than 30 years. That deed restriction also shall require that
parcel to be merged with the parcel from which it was subdivided when
the parcel ceases to be used for farmworker
agricultural laborer housing.
(5) After the parcel is subdivided, the resulting parcel not
dedicated to agricultural laborer housing is no less than 10 acres in
size.
(c)
(d) The development of farmworker
agricultural laborer housing on a parcel created pursuant
to this section shall be considered an agricultural use of the land.
The agricultural laborer housing project shall be
designed to abate or mitigate, to the extent practicable, impacts on
adjacent landowners' agricultural husbandry practices. The final plan
for the housing shall include an addendum that explains what
features will be included to meet this goal.
(d)
(e) This section shall not apply if at the time of
application more than 100 acres of land within the jurisdiction have
been developed with farmworker agricultural
laborer housing pursuant to this section.
SEC. 3. Section 66474.4 of the Government Code
is amended to read:
66474.4. (a) The legislative body of a city or county shall deny
approval of a tentative map, or a parcel map for which a tentative
map was not required, if it finds that either the resulting parcels
following a subdivision of that land would be too small to sustain
their agricultural use or the subdivision will result in residential
development not incidental to the commercial agricultural use of the
land, and if the legislative body finds that the land is subject to
any of the following:
(1) A contract entered into pursuant to the California Land
Conservation Act of 1965 (Chapter 7 (commencing with Section 51200)
of Part 1 of Division 1 of Title 5), including an easement entered
into pursuant to Section 51256.
(2) An open-space easement entered into pursuant to the Open-Space
Easement Act of 1974 (Chapter 6.6 (commencing with Section 51070) of
Part 1 of Division 1 of Title 5).
(3) An agricultural conservation easement entered into pursuant to
Chapter 4 (commencing with Section 10260) of Division 10.2 of the
Public Resources Code.
(4) A conservation easement entered into pursuant to Chapter 4
(commencing with Section 815) of Part 2 of Division 2 of the Civil
Code.
(b) (1) For purposes of this section, land shall be conclusively
presumed to be in parcels too small to sustain their agricultural use
if the land is (A) less than 10 acres in size in the case of prime
agricultural land, or (B) less than 40 acres in size in the case of
land that is not prime agricultural land.
(2) For purposes of this section, agricultural land shall be
presumed to be in parcels large enough to sustain their agricultural
use if the land is (A) at least 10 acres in size in the case of prime
agricultural land, or (B) at least 40 acres in size in the case of
land that is not prime agricultural land.
(c) A legislative body may approve a subdivision with parcels
smaller than those specified in this section if the legislative body
makes either of the following findings:
(1) The parcels can nevertheless sustain an agricultural use
permitted under the contract or easement, or are subject to a written
agreement for joint management pursuant to Section 51230.1 and the
parcels that are jointly managed total at least 10 acres in size in
the case of prime agricultural land or 40 acres in size in the case
of land that is not prime agricultural land.
(2) One of the parcels contains a residence and is subject to
Section 428 of the Revenue and Taxation Code; the residence has
existed on the property for at least five years; the landowner has
owned the parcels for at least 10 years; and the remaining parcels
shown on the map are at least 10 acres in size if the land is prime
agricultural land, or at least 40 acres in size if the land is not
prime agricultural land.
(d) No other homesite parcels as described in paragraph (2) of
subdivision (c) may be created on any remaining parcels under
contract entered into pursuant to the California Land Conservation
Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1
of Title 5) for at least 10 years following the creation of a
homesite parcel pursuant to this section.
(e) This section shall not apply to land that is subject to a
contract entered into pursuant to the California Land Conservation
Act of 1965 (Chapter 7 (commencing with Section 51200) of Division 1
of Title 5) when any of the following has occurred:
(1) A local agency formation commission has approved the
annexation of the land to a city and the city will not succeed to the
contract as provided in Sections 51243 and 51243.5.
(2) Written notice of nonrenewal of the contract has been served,
as provided in Section 51245, and, as a result of that notice, there
are no more than three years remaining in the term of the contract.
(3) The board or council has granted tentative approval for
cancellation of the contract as provided in Section 51282.
(f) This section shall not apply during the three-year period
preceding the termination of a contract described in paragraph (1) of
subdivision (a).
(g) This section shall not be construed as limiting the power of
legislative bodies to establish minimum parcel sizes larger than
those specified in subdivision (a).
(h) This section does not limit the authority of a city or county
to approve a tentative or parcel map with respect to land subject to
an easement described in this section for which agriculture is the
primary purpose if the resulting parcels can sustain uses consistent
with the intent of the easement.
(i) This section does not limit the authority of a city or county
to approve a tentative or parcel map with respect to land subject to
an easement described in this section for which agriculture is not
the primary purpose if the resulting parcels can sustain uses
consistent with the purposes of the easement.
(j) Where an easement described in this section contains language
addressing allowable land divisions, the terms of the easement shall
prevail.
(k) The amendments to this section made in the 2002 portion of the
2001-02 Regular Session of the Legislature shall apply only with
respect to contracts or easements entered into on or after January 1,
2003.
SEC. 4. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.