BILL NUMBER: SB 1174 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2010
INTRODUCED BY Senator Wolk
(Principal coauthor: Senator Price)
FEBRUARY 18, 2010
An act to add Section 65302.10 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1174, as amended, Wolk. Land use: general plan: disadvantaged
unincorporated communities.
The Planning and Zoning Law requires a city or county to adopt a
comprehensive, long-term general plan for the physical development of
the city or county and of any land outside its boundaries that bears
relation to its planning. That law also requires the general
plan to contain specified mandatory elements, including, among
others, a housing element for the preservation, improvement, and
development of the community's housing.
This bill would require , prior to January 1, 2013, and
thereafter upon each revision of its housing element, a city or
county to amend its general plan to the extent
review and update one or more elements of its general plan, as
necessary to address the presence of island, fringe, or legacy
unincorporated communities, as defined, inside or near its
boundaries, and would require the amended
updated general plan to include specified information. This
bill would also require a the city or
county planning agency , after the initial
amendment of its revision and update of the
general plan, to review, and if necessary amend, its
the general plan to update its
the information, goals, and program of action
relating to these communities therein . By adding to the
duties of city and 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 shall be made
pursuant to these statutory provisions for costs mandated by the
state pursuant to this act, but would recognize that local agencies
and school districts may pursue any available remedies to seek
reimbursement for these costs.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Hundreds of disadvantaged unincorporated communities, commonly
referred to as "colonias," exist in California. There are more than
200 of these communities in the San Joaquin Valley alone. Many of
these communities are geographically isolated islands, surrounded by
the city limits of large and medium-sized cities.
(2) Conditions within these disadvantaged unincorporated
communities evidence a distinct lack of public and private investment
that threatens the health and safety of the residents of these
communities and fosters economic, social, and educational inequality.
Many of these communities lack basic infrastructure, including, but
not limited to, streets, sidewalks, storm drainage, clean drinking
water, and adequate sewer service.
(b) It is the intent of the Legislature to encourage investment in
these communities and address the complex legal, financial, and
political barriers that contribute to regional inequity and
infrastructure deficits within disadvantaged unincorporated
communities.
SEC. 2. Section 65302.10 is added to the Government Code, to read:
65302.10. (a) As used in this section, the following terms shall
have the following meanings:
(1) "Disadvantaged unincorporated community" means a fringe,
island, or legacy community in which the median household income is
80 percent or less than the statewide median household income.
(2) "Unincorporated fringe community" means any inhabited and
unincorporated territory that is within a city's sphere of influence.
(3) "Unincorporated island community" means any inhabited and
unincorporated territory that is surrounded or substantially
surrounded by one or more cities or by one or more cities and a
county boundary or the Pacific Ocean.
(4) "Unincorporated legacy community" means a geographically
isolated community that is inhabited and has existed for at least 50
years.
(b) The Prior to January 1, 2013, and
thereafter upon each revision of its housing element made pur
suant to Section 65588, the legislative body of a city or
county shall amend its general plan, and each element in the
plan, to the extent review and update one or more
elements of its general plan as necessary to include data and
analysis, goals, implementation measures, policies, and objectives to
address the presence of unincorporated island, fringe, or legacy
communities inside or near its boundaries, no later than the
date specified in paragraph (2) of subdivision (d).
(c) The general
plan, as amended pursuant to subdivision (b), and
shall include all of the following:
(1) An identification of each unincorporated island, fringe, or
legacy community within or proximate to the boundaries of the city or
county. This identification shall include a description of the
community and a map designating its location.
(2) For each identified community, a quantification and analysis
of all of the following:
(A) The number of housing units and residents that lack access to
sanitary sewer service.
(B) The number of housing units and residents that lack access to
municipal water service.
(C) The number of residential neighborhoods within a community
that lack one or more of the following:
(i) Paved roads.
(ii) Storm drainage.
(iii) Sidewalks.
(iv) Street lighting.
(D) The number of households within one-quarter of a mile of
public transit.
(E) The number of housing units that are in substandard condition.
(F) The number of households paying more than 30 percent of their
income toward housing.
(G) The number of households in overcrowded housing.
(3) An analysis of the city's or county's current programs and
activities to address the conditions or deficiencies described in
paragraph (2), and an identification of any constraints to addressing
those conditions or deficiencies. The analysis shall evaluate the
annexation of any identified island or fringe communities.
(4) A statement setting forth the city's or county's specific,
quantified goals for eliminating or reducing the conditions or
deficiencies described in paragraph (2) and found to be present in an
unincorporated island, fringe, or legacy community within or
proximate to the boundaries of the city or county.
(5) A program set of flexible
implementation measures that the city or county will
undertake to achieve designed to carry out the
goals described in paragraph (4), including an identification of
resources and a timeline of actions.
(d) (1) Following a city's or county's amendment
(c) After the initial revision of
its general plan pursuant to this section, on or before the due date
for the next revision of its housing element, the city or
county planning agency shall review, and if
necessary amend, its general plan to update the analysis, goals, and
actions required by this section.
(2) A city or county shall comply with this subdivision on or
before the earlier of the following two dates:
(A) The date of the city's or county's next general plan revision.
(B) The date that is one year after the date specified in Section
65588 for the next revision of the city's or county's housing element
scheduled to occur after January 1, 2010.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 3. No reimbursement shall be made pursuant to
Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code for costs mandated by the state pursuant to this
act. It is recognized, however, that a local agency or school
district may pursue any remedies to obtain reimbursement available to
it under Part 7 (commencing with Section 17500) and any other
provisions of law.
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