BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 494|
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THIRD READING
Bill No: AB 494
Author: Caballero (D)
Amended: 7/14/09 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE : 3-2, 7/8/09
AYES: Wiggins, Kehoe, Wolk
NOES: Cox, Aanestad
ASSEMBLY FLOOR : 63-11, 6/1/09 - See last page for vote
SUBJECT : Local planning: agricultural laborer housing
SOURCE : California Rural Legal Assistance Foundation
DIGEST : This bill exempts from the Subdivision Map Act
the lease of agricultural zoned land to nonprofit
organizations for the purpose of operating an agricultural
labor housing project if the property meets three
conditions: (1) the property is not more than five acres;
(2) the lease is for at least 30 years; and (3) the lease
is signed before January 1, 2017.
ANALYSIS : The Planning and Zoning Law requires every
city and county to adopt a general plan that is internally
consistent. Major local land use decisions must be
consistent with general plans: subdivisions, zoning, public
works, and use permits. The Subdivision Map Act spells out
the procedures that cities and counties must follow when
dividing property into parcels for sale, lease, or
CONTINUED
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financing. Leases of agricultural land for agricultural
purposes are exempt from the Map Act.
This bill exempts from the Subdivision Map Act the lease of
agricultural zoned land to nonprofit organizations for the
purpose of operating an agricultural labor housing project
if the property meets three conditions: (1) the property
is not more than five acres; (2) the lease is for at least
30 years; and (3) the lease is signed before January 1,
2017.
Background
Families and single workers need safe, decent, and
affordable housing. Even when public agencies and
nonprofit groups find the money to build farmworker
housing, they still need to persuade willing landowners and
get local permits. The 1999 Ducheny bill made it easier to
subdivide Williamson Act land for farmworker housing, but
local subdivision ordinances and use permits still get in
the way. This bill helps those who want to build more
farmworker housing by exempting leases from the Map Act and
prohibiting local officials from denying use permits.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/16/09)
California Rural Legal Assistance Foundation (source)
California Building Industry Association
California Catholic Conference
California Coalition for Rural Housing
Community Housing Improvement Program
Community Housing Improvement Systems and Planning
Association
Grower-Shipper Association of Central California
Housing California
Mercy Housing
Nonprofit Housing Association of Northern California
Self-Help Enterprises
Western Center on Law & Poverty
Western Growers
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OPPOSITION : (Verified 7/16/09)
Counties of Santa Barbara and Tulare
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill,
Blakeslee, Blumenfield, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Cook, Coto, Davis, De La Torre,
De Leon, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Galgiani, Gilmore, Hall,
Hayashi, Hernandez, Hill, Huber, Huffman, Jones, Knight,
Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, Nestande, Niello, John A. Perez, V. Manuel Perez,
Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Bass
NOES: Anderson, Tom Berryhill, DeVore, Gaines, Hagman,
Harkey, Jeffries, Logue, Miller, Nielsen, Villines
NO VOTE RECORDED: Block, Chesbro, Conway, Duvall, Garrick,
Yamada
AGB:do 7/22/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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