BILL NUMBER: AB 1505 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ducheny
(Coauthors: Assembly Members Ashburn, Cardoza, Florez, and Reyes)
(Coauthor: Senator Polanco)
FEBRUARY 26, 1999
An act to add Sections 51282.4 and 65863.13 to the Government
Code, and to amend Section 21080.10 of the Public Resources Code,
relating to farmworker housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1505, as introduced, Ducheny. Farmworker housing.
(1) The Williamson Act authorizes any city or county to enter into
a contract with the owner of agricultural land for the purpose of
preserving that land in accordance with the conditions established by
the act and that contract. The act authorizes the landowner to
petition the governing body of the relevant city or county for
cancellation of a contract or portion thereof for agricultural
housing that is determined not to be a compatible use of the
contracted lands. Prior to any tentative approval of the
cancellation, the governing body of the relevant city or county is
required to certify to the county auditor the amount of a
cancellation fee that the contracting landowner will pay as deferred
taxes upon cancellation of the contract, as specified.
This bill would authorize a landowner subject to a Williamson Act
contract to set aside a portion not exceeding 5 acres of land under
contract to be transferred to a nonprofit organization or municipal
corporation and used for agricultural laborer housing. The bill
would exempt the landowner and the subsequent nonprofit organization
or municipal corporation titleholder of that land from the payment of
any deferred taxes and cancellation fees.
(2) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report on a
project that it proposed to carry out or approved that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect. The act exempts from its requirements development projects
for agricultural employee housing that meet prescribed conditions,
including consistency with the applicable zoning designation and that
the project consists of not more than 45 units on urbanized or 20
units on nonurbanized land or housing for 45 or fewer workers on
urbanized or 20 or fewer workers on nonurbanized land, as specified.
This bill would delete the requirement of consistency with the
applicable zoning designation and apply that exemption to housing if
the project consists of not more than 100 units on urbanized or 50
units on nonurbanized land or housing for 100, or 50, or fewer
workers, respectively, as specified. The bill would revise other
conditions of that exemption relating to onsite services to
accommodate the project and the effect of the project on historic
structures. The bill would delete provisions making the act
applicable if the lead agency determines that the project would have
a significant effect on the environment for specified reasons. The
bill would impose a state-mandated local program by imposing new
duties on local agencies with regard to determining the applicability
of, and filing and posting notice of, the exemption.
The bill would provide that no city, county, or other local
governmental agency shall disapprove a project that otherwise
qualifies for that exemption solely on the basis that it is not
consistent with the zoning designation specified in the agency's
zoning ordinance.
(3) 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 is required by this
act for a specified reason.
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. Section 51282.4 is added to the Government Code, to
read:
51282.4. Notwithstanding Section 51282.3, all of the following
shall apply:
(a) A landowner may at any time serve written notice on the
county, city, or city and county of his or her desire to set aside a
portion not exceeding five acres of land under contract, and to
convey the title to that portion of land to a nonprofit organization
or municipal corporation, for the purpose of constructing, or
rehabilitating property for use as, and to use the property
exclusively for, agricultural laborer housing.
(b) If the title to that portion of land under contract is
transferred to a nonprofit organization or municipal corporation that
agrees to use the land for a purpose specified in subdivision (a),
the landowner or the nonprofit entity shall not be liable for the
amount of deferred taxes and cancellation fees that would otherwise
have been imposed pursuant to Sections 51283 and 51283.1.
(c) The county, city, or city and county shall issue a certificate
of cancellation of contract for the portion of the land under
contract that is transferred and no lien shall be created in favor of
the county, city, or city and county in the amount of the fees and
taxes that would otherwise have been imposed pursuant to Sections
51283 and 51283.1.
(d) As used in this section, "nonprofit organization" means any
organization qualifying under Section 501(c)(3) of the Internal
Revenue Code.
SEC. 2. Section 65863.13 is added to the Government Code, to read:
65863.13. A city, county, or other local governmental agency
shall not disapprove a project that otherwise qualifies for the
exemption in subdivision (c) of Section 21080.10 of the Public
Resources Code solely on the basis that the project is not consistent
with the zoning designation, as specified in the zoning ordinance of
the local agency.
SEC. 3. Section 21080.10 of the Public Resources Code is amended
to read:
21080.10. This division does not apply to any of the following:
(a) An extension of time, granted pursuant to Section 65361 of the
Government Code, for the preparation and adoption of one or more
elements of a city or county general plan.
(b) Actions taken by the Department of Housing and Community
Development or the California Housing Finance Agency to provide
financial assistance or insurance for the development and
construction of residential housing for persons and families of low
or moderate income, as defined in Section 50093 of the Health and
Safety Code, if the project which is the subject of the application
for financial assistance or insurance will be reviewed pursuant to
this division by another public agency.
(c) (1) Any development project which consists of the
construction, conversion, or use of residential housing for
agricultural employees, as defined in paragraph (2), that is
affordable to lower-income lower income
households, as defined in Section 50079.5 of the Health and Safety
Code, if there is no public financial assistance for the development
project and the developer of the development project provides
sufficient legal commitments to the appropriate local agency to
ensure the continued availability and use of the housing units for
lower-income lower income households
for a period of at least 15 years, or any development project that
consists of the construction, conversion, or use of residential
housing for agricultural employees, as defined in paragraph (2) that
is affordable to low- and moderate-income households, as defined in
paragraph (2) of subdivision (h) of Section 65589.5 of the Government
Code, if there is public financial assistance for the development
project and the developer of the development project provides
sufficient legal commitments to the appropriate local agency to
ensure the continued availability and use of the housing units for
low- and moderate-income households for a period of at least 15
years, if either type of development project meets all of the
following requirements:
(A) (i) If the development project is proposed for an urbanized
area, it is located on a project site which is adjacent, on at least
two sides, to land that has been developed, and consists of not more
than 45 100 units, or is housing for a
total of 45 100 or fewer agricultural
employees if the housing consists of dormitories, barracks, or other
group living facilities.
(ii) If the development project is proposed for a nonurbanized
area, it is located on a project site zoned for general agricultural
use, and consists of not more than 20 50
units, or is housing for a total of 20
50 or fewer agricultural workers if the housing consists of
dormitories, barracks, or other group living facilities.
(B) The development project is consistent with the jurisdiction's
general plan as it existed on the date that the application was
deemed complete and adequate sites for farmworker housing have
been identified in the jurisdiction's housing element .
(C) The development project is consistent with the zoning
designation, as specified in the zoning ordinance as it existed on
the date that the application was deemed complete, unless the zoning
is inconsistent with the general plan because the local agency has
not rezoned the property to bring it into conformity with the general
plan.
(D) The development project site is not more than five
acres in area, except that a project site located in an area with a
population density of at least 1,000 persons per square mile shall
not be more than two acres in area.
(E)
(D) The development project site can be adequately served by
utilities or other onsite services to accommodate the project
.
(F)
(E) The development project site has no significant
value as a wildlife habitat.
(G)
(F) The development project site is not included on any list
of facilities and sites compiled pursuant to Section 65962.5 of the
Government Code.
(H)
(G) The development project will not involve the demolition
of, or any substantial adverse change, in any structure that is
listed , or is determined to be eligible for listing,
in the California Register of Historic Resources.
(2) As used in paragraph (1), "residential housing for
agricultural employees" means housing accommodations for an
agricultural employee, as defined in subdivision (b) of Section
1140.4 of the Labor Code.
(3) As used paragraph (1), "urbanized area" means either of the
following:
(A) An area with a population density of at least 1,000 persons
per square mile.
(B) An area with a population density of less than 1,000 persons
per square mile that is identified as an urban area in a general plan
adopted by a local government, and was not designated, on the date
that the application was deemed complete, as an area reserved for
future urban growth.
(4) This division shall apply to any development project described
in this subdivision if a public agency which is carrying out or
approving the development project determines that there is a
reasonable possibility that the project, if completed, would have a
significant effect on the environment due to unusual circumstances,
or that the cumulative impact of successive projects of the same type
in the same area over time would be significant.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.