BILL NUMBER: AB 1505 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 17, 1999
AMENDED IN ASSEMBLY APRIL 8, 1999
INTRODUCED BY Assembly Member Ducheny
(Coauthors: Assembly Members Ashburn, Cardoza, Florez, Reyes, and
Soto)
(Coauthor: Senator Polanco)
FEBRUARY 26, 1999
An act to add Sections 51282.4 and 65863.13 to
amend Sections 51238, 51238.5, and 65580 of, and to add Section
51282.4 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 amended, 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
laborer 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 specify that agricultural laborer housing is
a compatible use within an agricultural preserve when provided by the
landowner or a city, county, city and county, the state, or a
nonprofit organization under contract or grant by the landowner. The
bill would also 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 conveyed
to a nonprofit organization or municipal corporation
, city, county, or city and county, or the state
and used for agricultural laborer housing for at least 30
years, as specified . 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 use for a 15-year period and that
the project consists of not more than 45 or 20 units
on , respectively, in urbanized or
20 units on nonurbanized land
areas or housing for 45 or 20 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 in urbanized areas
or 20 or 50 units on in
nonurbanized land areas or housing for
100, 20 or 50 , or fewer workers,
respectively, as specified. The bill would
revise other conditions of that exemption relating to
consistency with the jurisdiction's general plan, 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
apply the exemption to facilities converted for
residential housing and would extend the required period of use to 30
years . 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
SECTION 1. Section 51238 of the Government Code is amended to
read:
51238. (a) (1) Notwithstanding any determination of
compatible uses by the county or city pursuant to this article,
unless the board or council after notice and hearing makes a finding
to the contrary, the erection, construction, alteration, or
maintenance of gas, electric, water, communication, or agricultural
laborer housing facilities are hereby determined to be compatible
uses within any agricultural preserve. No
(2) The agricultural laborer housing facilities authorized
pursuant to paragraph (1) are determined to be compatible uses within
any agricultural preserve when provided by either the owner of land
or a city, county, city and county, the state, or a nonprofit
organization under contract or grant by the owner of land to
construct, alter, maintain, or operate the agricultural laborer
housing facilities.
(3) No land occupied by gas, electric, water, communication,
or agricultural laborer housing facilities shall be excluded from an
agricultural preserve by reason of that use.
The
(b) The board of supervisors may impose conditions on lands
or land uses to be placed within preserves to permit and encourage
compatible uses in conformity with Section 51238.1, particularly
public outdoor recreational uses.
SEC. 2. Section 51238.5 of the Government Code is amended to read:
51238.5. (a) If an owner of land agrees to permit the
use of his or her land for free public recreation, the
board or council may agree to indemnify such
the owner against all claims arising from such
that public use. The owner's agreement that
his the land be used for free, public
recreation shall not be construed as an implied dedication to
such that use.
(b) If an owner of land agrees to permit the use of his or her
land for agricultural laborer housing facilities authorized pursuant
to Section 51238, the city, county, city and county, the state, or
the nonprofit organization may indemnify the owner against all claims
arising from that use.
SEC. 3. Section 51282.4 is added to the Government Code, to read:
51282.4. (a) Notwithstanding Section 66474.4, and subject to all
of the conditions set forth in subdivision (b), an owner of property
under contract may set aside a portion of the property not exceeding
five acres for the construction or rehabilitation and exclusive use
of the property as agricultural laborer housing, and during the time
the property is used exclusively for agricultural laborer housing,
the owner may convey the title of that portion of the property to a
nonprofit organization, city, county, or city and county, or the
state.
(b) A set aside and conveyance of title under subdivision (a)
shall be subject to all of the following conditions:
(1) The portion of property set aside shall remain under contract.
(2) The nonprofit organization, or city, county, city and county,
or state agency that develops the property as agricultural laborer
housing shall record a deed restriction limiting the use of the
property as agricultural laborer housing for a period of at least 30
years.
(3) At the time the property ceases to be used as agricultural
laborer housing, the portion of the property for which title was
conveyed shall be merged with the parcel from which it was set aside,
and title to the property shall revert to the owner of the parcel
from which it was set aside.
(4) The agricultural laborer housing project shall be consistent
with the jurisdiction's general plan and zoning ordinance.
(5) The property proposed to be set aside shall be within the
sphere of influence of an incorporated city or city and county or
adjacent to existing urban development and services in an
unincorporated area.
(c) Nothing in this section limits any agricultural laborer
housing from being determined a compatible use pursuant to Section
51238.
SEC. 4. Section 65580 of the Government Code is amended to read:
65580. The Legislature finds and declares as follows:
(a) The availability of housing is of vital statewide importance,
and the early attainment of decent housing and a suitable living
environment for every California family
Californian, including farmworkers, is a priority of the
highest order.
(b) The early attainment of this goal requires the cooperative
participation of government and the private sector in an effort to
expand housing opportunities and accommodate the housing needs of
Californians of all economic levels.
(c) The provision of housing affordable to low- and
moderate-income households requires the cooperation of all levels of
government.
(d) Local and state governments have a responsibility to use the
powers vested in them to facilitate the improvement and development
of housing to make adequate provision for the housing needs of all
economic segments of the community.
(e) The Legislature recognizes that in carrying out this
responsibility, each local government also has the responsibility to
consider economic, environmental, and fiscal factors and community
goals set forth in the general plan and to cooperate with other local
governments and the state in addressing regional housing needs.
SEC. 5. 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 that
consists of the construction, conversion, or use of residential
housing , or that consists of the conversion of any facility
for use as residential housing, if that housing is for
agricultural employees, as defined in paragraph (2), that is
affordable to 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 households for a period of at
least 15 30 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 30 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 . , or
(ii) If the development project is proposed for a nonurbanized
area, it is located on a project site that is adjacent, on at
least one side, to land that has been developed, it is located
on a project site zoned for general agricultural use, and consists of
not more than 20 units, or is housing for a total of 20 or fewer
agricultural workers if the housing consists of dormitories,
barracks, or other group living facilities .
, or
(iii) If the development project is proposed for a nonurbanized
area, it is located on a project site that is adjacent, on at least
one side, to land that has been developed, it is located on a project
site zoned for general residential use, and consists of not more
than 50 units, or is housing for a total of 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.
(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) The development project site can be adequately served by
utilities.
(F) The development project site has no value as a wildlife
habitat.
(G) 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) 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
that 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. 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 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 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 100 units, or is housing for a total of 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 50 units, or is housing for a
total of 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, except that this subdivision shall not apply where
adequate sites to meet the jurisdiction's need for farmworker
housing, as determined by the analysis required by paragraph (6) of
subdivision (a) of Section 65583 of the Government Code, have not
been identified in the jurisdiction's housing element.
(C) 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.
(D) The development project site can be adequately served by
utilities or other onsite services to accommodate the project.
(E) The development project site has no significant value as
wildlife habitat.
(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.
(G) The development project will not involve the demolition of, or
any substantial adverse change, in any structure that is listed 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.
SEC. 4.
SEC. 6. 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.