BILL NUMBER: AB 494	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 14, 2009
	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 add  Sections 65850.7 and   Section
 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  provisions concerning the filing
of subdivision maps, which are part of  the Planning and Zoning
Law  is   , are  not applicable to leases
of  agricultural   agriculturally zoned 
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. 
   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 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 1.   Section 66412.9
is added to the Government Code, to read:
   66412.9.  This division shall not apply to leases of 
agricultural   agriculturally zoned  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.
 
   (3) The lease shall be executed prior to January 1, 2017. 

  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. 
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CORRECTIONS  Digest--Page 2.
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