BILL NUMBER: AB 494 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2009
AMENDED IN SENATE JUNE 23, 2009
AMENDED IN ASSEMBLY APRIL 23, 2009
INTRODUCED BY Assembly Member Caballero
FEBRUARY 24, 2009
An act to amend Section 51230.2 of, and to add Section
65852.12 to, add Sections 65850.7 and 66412.9 to
the Government Code, relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 494, as amended, Caballero. Local planning: agricultural
laborer housing.
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 prohibit a county from denying an application for
a use permit for the development of agricultural labor housing if the
application describes housing that will be developed on leased
property and that meets specified conditions, unless the county makes
written findings based upon substantial evidence in the record that
the proposed development would have a specific, adverse impact upon
the public health or safety, and there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact. The
findings would be required to include the basis for the rejection of
potentially feasible methods to mitigate or avoid the specific,
adverse impact.
This bill would provide that the Planning and Zoning Law is not
applicable to leases of agricultural land to nonprofit organizations
for the purpose of operating an agricultural labor housing project on
the property if specified conditions apply. By increasing the duties
of county officials, this bill would impose a state-mandated local
program.
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.
(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 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 agricultural laborer housing pursuant the above
provisions, and would require the development of 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
agricultural laborer housing pursuant to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Se ction 65850.7 is added to
the Government Code , to read:
65850.7. A county shall not deny an application for a use permit
for the development of agricultural labor housing if the application
described housing that will be developed on leased property and that
meets the conditions prescribes in Section 66412.9, unless the county
makes written findings based upon substantial evidence in the record
that the proposed development would have a specific, adverse impact
upon the public health or safety, and there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact. The
findings shall include the basis for the rejection of potentially
feasible methods to mitigate or avoid the specific, adverse impact.
SEC. 2. Section 66412.9 is added to the
Government Code , to read:
66412.9. This division shall not apply to leases of agricultural
land to nonprofit organizations for the purpose of operating an
agricultural labor housing project on the property if all of the
following conditions apply:
(1) The property to be leased shall not be more than five acres.
(2) The lease shall be for not less than 30 years.
(3) The lease shall be executed prior to January 1, 2020.
SEC. 3. 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. All
matter omitted in this version of the bill appears in the bill as
amended in the Senate June 23, 2009. (JR11)