AB 2135, as amended, Ting. Local agencies: surplus land: affordable housing.
(1) Existing law prescribes requirements for the disposal of surplus land by local agenciesbegin insert, which are defined to include districtsend insert.begin delete Existing law defines surplus land for these purposes and excepts from that definition land within 1,000 yards of property that has been listed on, or determined to be eligible for, the National Register of Historic Places.end delete Existing law requires an agency disposing of surplus land to negotiate in good faith with an entity providing notice that it desires to purchase or lease the land and, ifbegin insert theend insert price or terms cannot be agreed upon within a
period of not less than 60 days, the agency may dispose of the land without fulfilling further requirements, as specified. Existing law authorizes a local agency selling surplus property for specified purposes, including forbegin delete low-andend deletebegin insert low- andend insert moderate-income housing, to provide for a payment period of up to 20 years in a sales contract or trust deed. Existing law requires a local agency disposing of surplus land to give first priority in a purchase or lease to an entity agreeing to use the site for housing for persons of low or moderate income, except as specified. Existing law specifies that these and other related provisions are not to be interpreted to empower a local agency to sell or lease surplus land at less than fair market value.
This bill wouldbegin delete bring land within 1,000 yards of property that is listed on, or eligible, for the National Register of Historic Places within the definition of surplus land by deleting the exception described aboveend deletebegin insert
specify that transportation districts are included within the definition of a district with regard to requirements for the disposal of surplus land by local agenciesend insert. The bill would increase the minimum time that an agency disposing of surplus land is required to conduct negotiations from 60 to 90 days. The bill would require, if the disposed land is to be used for residential development, that the sales contract or lease agreement provide that not less than 25% of the units in the development have rents or sale prices that are affordable for persons and families of low or moderate income. The bill would permit the payment period for surplus land sold forbegin delete low-andend deletebegin insert low- andend insert moderate-income housing purposes to exceed 20 years, subject to limits related to land use requirements forbegin delete low-orend deletebegin insert
low- orend insert
moderate-income housing. The bill would revise the priority given to an entity proposing to use the site for low- and moderate-income housing tobegin delete require that the entity agree that 100% of the site be used for low-andend deletebegin insert give priority to the entity agreeing to use the site for housing for which 100% of the units have rents or sales prices that are affordable for low- andend insert moderate-incomebegin delete housingend deletebegin insert personsend insert. The bill would delete the statement that these provisions are not to be interpreted to empower a local agency to sell or lease surplus land at less than fair market value. By increasing the duties of local officials in
connection with sales and leases of surplus land, this bill would impose a state-mandated local program.
(2) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 54221 of the Government Code is
2amended to read:
(a) As used in this article, the term “local agency”
4means every city, whether organized under general law or by
5charter, county, city and county, and district, including
6transportation districts and school districts of any kind or class,
7empowered to acquire and hold real property.
8(b) As used in this article, the term “surplus land” means land
9owned by any local agency, that is determined to be no longer
10necessary for the agency’s use, except property being held by the
11agency for the purpose of exchange.
12(c) As used in this article, the term “open-space purposes” means
13the use of land for
public recreation, enjoyment of scenic beauty,
14or conservation or use of natural resources.
15(d) As used in this article, the term “persons and families of low
16or moderate income” means the same as provided under Section
1750093 of the Health and Safety Code.
18(e) As used in this article, the term “exempt surplus land” means
19either of the following:
20(1) Surplus land that is transferred pursuant to Section 25539.4.
21(2) Surplus land that is (A) less than 5,000 square feet in area,
22(B) less than the minimum legal residential building lot size for
23the jurisdiction in which the parcel is located, or 5,000 square feet
24in area, whichever is less, or (C) has no record access and
is less
25than 10,000 square feet in area; and is not contiguous to land owned
26by a state or local agency that is used for park, recreational,
27open-space, or low- and moderate-income housing purposes and
28is located neither within an enterprise zone pursuant to Section
297073 nor a designated program area as defined in Section 7082.
30If the surplus land is not sold to an owner of contiguous land, it is
31not considered exempt surplus land and is subject to this article.
32(f) Notwithstanding subdivision (e), the following properties
33are not considered exempt surplus land and are subject to this
34article:
35(1) Lands within the coastal zone.
36(2) Lands within 1,000 yards of a historical unit of the State
37Parks System.
P4 1(3) Lands within 1,000 yards of any property that has been listed
2on, or determined by the State Office of Historic Preservation to
3be eligible for, the National Register of Historic Places.
4(3)
end delete
5begin insert(4)end insert Lands within the Lake Tahoe region as defined in Section
666905.5.
Section 54223 of the Government Code is amended
8to read:
After the disposing agency has received notice from
10the entity desiring to purchase or lease the land, the disposing
11agency and the entity shall enter into good faith negotiations to
12determine a mutually satisfactory sales price or lease terms. If the
13price or terms cannot be agreed upon after a good faith negotiation
14period of not less than 90 days, the land may be disposed of without
15further regard to this article. If the disposed land is to be used for
16residential development,begin insert including residential development with
17rents or sale prices that are afforend insertbegin insertdable for persons
or families of
18low- or moderate-income,end insert the sales contract or lease agreement
19shall provide that not less than 25 percent of the total number of
20units in the development have rents or sale prices that are affordable
21for persons and families of low or moderate income.
Section 54225 of the Government Code is amended
23to read:
Any public agency selling surplus land to an entity
25described in Section 54222 for park or recreation purposes, for
26open-space purposes, for school purposes, or for low- and
27moderate- income housing purposes may provide for a payment
28period of up to 20 years in any contract of sale or sale by trust deed
29for the land. The payment period for surplus land sold for housing
30for person and families of low and moderate income may exceed
3120 years, but the payment period shall not exceed the term that the
32land is required to be used forbegin delete low-orend deletebegin insert low- orend insert moderate-income
33housing.
Section 54226 of the Government Code is amended
35to read:
Nothing in this article shall be interpreted to limit the
37power of any local agency to sell or lease surplus land at fair market
38value or at less than fair market value. No provision of this article
39shall be applied when it conflicts with any other provision of
40statutory law.
Section 54227 of the Government Code is amended
2to read:
In the event that any local agency disposing of surplus
4land receives offers for the purchase or lease of that land from
5more than one of the entities to which notice and an opportunity
6to purchase or lease shall be given pursuant to this article, the local
7agency shall give first priority to the entity that agrees to use the
8site for housing for which 100 percent of the units are to have rents
9or sale prices that are affordable for persons and families of low
10or moderate income, except that first priority shall be given to an
11entity that agrees to use the site for park or recreational purposes
12if the land being offered is already being used and will continue
13to be used for park or recreational purposes, or if the land is
14designated
for park and recreational use in the local general plan
15and will be developed for that purpose.
If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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