BILL ANALYSIS
AB 494
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 494 (Caballero)
As Amended July 14, 2009
Majority vote
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|ASSEMBLY: | |(June 1, 2009) |SENATE: |27-9 |(August 31, |
| | | | | |2009) |
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(vote not relevant)
Original Committee Reference: L. GOV.
SUMMARY : Exempts from the Subdivision Map Act (SMA) the lease
of agricultural land to nonprofit organizations for the purpose
of operating an agricultural labor housing project, if the
property meets certain conditions.
The Senate amendments delete the Assembly version of this bill,
and instead, provide that the filing of subdivision maps
pursuant to planning and zoning laws is not applicable to leases
of 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 are met:
1)The agricultural labor housing on the property to be leased
cannot be more than five acres.
2)The lease must be at least 30 years.
3)The lease must be executed prior to January 1, 2017.
EXISTING LAW :
1)Provides, under the Williamson Act, for conditions that allow
a landowner to subdivide land that is currently designated as
an agricultural preserve, if the parcel to be sold or leased,
as specified.
3)Specifies that a subdivision of land under a Williamson Act
contract shall not affect the contract; and the parcel to be
sold or leased shall remain subject to that contract.
4)Allows the legislative body of any county or city the power to
adopt ordinances that regulate the use of buildings,
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structures, and land, as specified.
5)Provides for certain limitations on a city or county's
planning and zoning ordinances in cases where there is a
statewide concern.
AS PASSED BY THE ASSEMBLY , this bill:
1)Amended the Williamson Act to allow a landowner, subject to
other conditions, to subdivide land that is currently
designated as an agricultural preserve if the parcel to be
sold or leased has access to existing drinking water and
sanitary sewer service.
2)Provided that when an applicant proposes to subdivide land for
the purposes of developing farmworker housing, 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 if the farmworker housing meets
all of the following:
a) 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 easement;
b) The parcel to be sold or leased is five acres or
smaller;
c) The parcel shall be sold or leased to a nonprofit
organization, a city, a county, a housing authority, or a
state agency; and,
d) The parcel to be sold or leased shall be subject to a
deed restriction that limits the use of the parcel to
farmworker housing facilities for not less than 30 years.
3)Declared that the development of farmworker housing is an
agricultural use of the land.
4)Provided that the provisions of the bill apply to those
jurisdictions that have less than 100 acres of land that has
been developed with farmworker housing pursuant to this bill.
5)Specified that no reimbursement is required by this bill
because a local agency or school district has the authority to
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levy service charges, fees, or assessments sufficient to pay
for the program or level of service mandated by this bill.
FISCAL EFFECT : Unknown
COMMENTS : AB 1505 (Ducheny), Chapter 967, Statutes of 1999,
authorized a landowner subject to a Williamson Act contract to
subdivide not more than five acres of land to be sold or leased
to a non-profit organization, city, county, housing authority,
or a state agency for the purposes of developing farmworker
housing. The purpose of that bill was to remove any financial
disincentives to creating a separate parcel by ensuring that the
parcel will remain under Williamson Act contract. AB 1505 also
required the housing element of a local general plan to identify
adequate sites for farmworker housing.
This bill exempts from the SMA the lease of agricultural 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. The purpose of this bill is to provide
an opportunity for willing landowners and nonprofit housing
developers to come together to build housing for agricultural
laborers. According to the sponsor, the California Rural Legal
Assistance Foundation, there is a severe shortage of decent,
safe housing for farmworkers, particularly unaccompanied migrant
adult workers, and this bill would provide another mechanism to
help solve the shortage.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0002035