Bill Text: CA SB849 | 2021-2022 | Regular Session | Amended
Bill Title: Surplus land.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-18 - April 20 set for first hearing canceled at the request of author. [SB849 Detail]
Download: California-2021-SB849-Amended.html
|
Amended
IN
Senate
March 02, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 849
| Introduced by Senator Umberg |
January 14, 2022 |
An act to amend Section 54222.3 54223 of the Government Code, relating to surplus land.
LEGISLATIVE COUNSEL'S DIGEST
SB 849, as amended, Umberg.
Surplus land.
Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law exempts from these requirements exempt surplus land, as defined. requires, after the disposing agency has received a notice of interest from an entity desiring to purchase or lease the land on terms that comply with existing law, that the disposing agency and the entity enter into good faith negotiations to determine a mutually satisfactory sales price and terms or lease terms.
This bill would make nonsubstantive changes to those provisions.
require, if, after the disposing agency and an entity desiring to purchase or lease the land have entered into an exclusive negotiating agreement, the determined value of the sales price and terms or lease terms exceeds ($25,000,000), that the disposing agency post prominently on its internet website the terms of the proposed disposition of the surplus land for not less than 90 days before entering a legally binding agreement to dispose of the land. By adding to the duties of local officials with respect to the disposal of surplus land, 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 54223 of the Government Code is amended to read:54223.
(a) After the disposing agency has received a notice of interest from(b) Residential use shall be deemed an acceptable use for the surplus land for the purposes of good faith negotiations with a local agency conducted pursuant to this article. Nothing in this subdivision shall restrict a local jurisdiction’s authority or discretion to approve land use, zoning, or entitlement decisions in connection with the surplus land. Except as provided in subdivision (c), terms agreed to pursuant to the negotiations shall not do any of the following:
(1) Disallow residential use of the site as a condition of the disposal.
(2) Reduce the allowable number of residential units or the maximum lot coverage below what may be allowed by zoning or general plan requirements.
(3) Require as a condition of disposal, any design standards or architectural requirements that would have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, other than the minimum standards required by general plan, zoning, and subdivision standards and criteria.
(c) Terms agreed to pursuant to the negotiations required by subdivision (a) may include limitations on residential use or density if, without the limitations, the residential use or density
would have a specific, adverse impact, supported by written findings, upon the public health or safety or upon the operation or facilities of a local agency, and there is no feasible method to satisfactorily mitigate the impact.
SEC. 2.
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.This article shall not apply to the disposal of exempt surplus land, as defined in Section 54221, by an agency of the state or any local agency.
