BILL ANALYSIS
AB 494
Page 1
Date of Hearing: May 13 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 494 (Caballero) - As Amended: April 23, 2009
Policy Committee: Local
GovernmentVote:6-0
Agriculture 5-1
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits local governments from enforcing a required
minimum parcel size when Williamson Act (Act) contracted land is
subdivided and sold or leased for the purpose of farmworker
housing. The bill also:
1)Requires that the land be zoned for agricultural use or zoned
for open space and currently in agricultural use; that the
parcels be no more than 5 acres; the parcels are sold to
nonprofit organizations or a state or local governmental
agency; and the parcel be subject to a deed restriction
limiting the use to farmworker housing for at least 30 years.
2)Requires that the land be contiguous to parcels that are
already zoned residential commercial or industrial uses, or
has access to existing drinking water and sanitary sewer
service.
3)Limits this exception to no more than 100 acres per any
jurisdiction .
FISCAL EFFECT
Negligible state costs. Local costs not state-reimbursable.
COMMENTS
1)The Williamson Act, also known as the California Land
Conservation Act of 1965, enables local governments to enter
into contracts with landowners to restrict the land in order
AB 494
Page 2
to prevent development for no less than a period of 10 years.
Existing law allows a landowner to subdivide land and sell a
portion of land covered by the Williamson Act, if (a) it is
currently designated as an agricultural preserve, (b) it is no
more than five acres, (c) it is located next to parcels
already zoned to commercial or industrial development, (d) it
is sold to a non-profit or governmental agency, and (e) it is
subject to a deed restriction
However, this authorization is contingent on local approval.
Local governments are authorized in law to deny approval of
subdivisions to land covered by the Williamson Act in cases
where the resulting parcels will be too small to sustain their
agricultural use, or when the approval would result in
residential development not incidental to the commercial
agricultural use.
2)Rationale . According to the sponsor, (the California Rural
Legal Assistance Foundation), this bill is intended to address
severe shortage of decent, safe housing for farmworkers by
overriding local land use authority in specific circumstances.
3)Opponents (including the California State Association of
Counties and the California Farm Bureau Federation) express
concerns about the negative impact of residential
subdivisions, at urban density levels, on agricultural
property and in agricultural zones. They also object to the
usurping of local governments' authority to make land use
decisions.
Analysis Prepared by : Brad Williams / APPR. / (916) 319-2081