BILL ANALYSIS �
SB 944
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 944 (Torres) - As Amended: June 18, 2014
Policy Committee:
AccountabilityVote:12-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill prohibits the Lanterman Developmental Center, which
has been declared surplus state property, from being prezoned,
zoned, or rezoned by any local government without approval of
the Department of General Services (DGS), and makes several
other changes to state surplus property law. Specifically, this
bill:
1)Prohibits any local government from prezoning, zoning, or
rezoning the state real property known as Lanterman
Developmental Center, located in Pomona (LA County), which has
been declared surplus pursuant to existing law, unless DGS
requests that the property be rezoned or approves the
rezoning.
2)Expands the type of uses for state surplus property, for which
a local agency or affordable housing developer may be
considered a potential priority buyer for the property, to
include development of projects that create sustainable jobs
of benefit to the area and region where the property is
located.
3)Specifies, if more than one local agency expresses interest in
the surplus property, that priority must be given to the
agency intending to use the property either for affordable
housing, pursuant to current law, or for development of
projects that create sustainable jobs.
4)Adds to an existing legislative declaration-the provision of
decent housing for all Californians as a state goal of the
highest priority when the state disposes of surplus
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property-the creation of sustainable jobs as a similar state
goal.
5)Adds development of projects that create sustainable
employment opportunities to the existing declaration of
legislative intent that DGS should give priority to housing
for persons and families of low- or moderate- income when
disposing of surplus state real property.
FISCAL EFFECT
1)Potential loss of state revenue. This would occur when a local
agency, using its right of first refusal to obtain surplus
state property under current law, purchases property for
another party to then purchase, at a higher price, and develop
for "sustainable employment" in lieu of the state being able
to subsequently solicit bids for the property on the open
market. The potential revenue loss is unknown, but could
easily exceed $150,000 for certain state properties.
2)Providing DGS authority to approve any rezoning of the
Lanterman property should preserve the state's ability to
dispose of that property in the state's best interest.
According to DGS, based on discussions to date with City of
Pomona, the issuing of rezoning does not appear to be a
concern for the department as it has been with other state
properties.
COMMENTS
1) Purpose . According to the author, "There are three
examples of local agencies initiating action to re-zone or
actually accomplishing re-zoning of excess real estate to
reduce or attempt to reduce the value. They are: the
County of Napa's rezoning of the Department of Mental
Health's Napa State Hospital, the City of Los Angeles'
rezoning of the Los Angeles Civic Center, and the City of
Whittier's proposed rezoning of the Fred C. Nelles Youth
Correctional Facility.
"In light of these examples, the issues have become of
particular importance to the constituents of the 32nd Senate
District. This is because on January 29, 2010, the California
Department of Developmental Services announced its intent to
close the 302-acre Lanterman Developmental Center in Pomona,
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California. Upon closure, the property will be surplused. If
the property is re-zoned it will likely result in a decrease
in market value, and potentially be re-zoned in a manner that
is inconsistent with the long term interests of the
surrounding area and region. In particular, the need to
ensure sustainable job creation in an area of the state that
has an unemployment rate of 9.5%.
2) Precedent . While this bill applies only to one
property, it does creates a precedent of allowing DGS to
trump the authority of a local government to enact zoning
ordinances.
3) Opposition . The Sonoma County Board of Supervisors and
the Sonoma County Preservation and Open Space District are
concerned that the bill's provisions granting statewide
priority for development of sustainable employment could
impact the county's plans, should the Sonoma Development
Center be declared surplus, for other priority uses of this
property such as open space. Opponents seek amendments
limiting the sustainable development provisions to the
Lanterman Property.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081