|
Amended
IN
Assembly
April 13, 2023 |
| Introduced by Assembly Member Jackson |
February 07, 2023 |
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires that the housing element include an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, existing law requires that the local government rezone sites within specified time periods.
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 proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect. CEQA exempts from its provisions, among other things, the acquisition, sale, or other transfer of interest in land by a public agency for certain purposes.
Existing law prescribes requirements for the disposal of surplus land, as defined, by a local agency. Existing law requires land to be declared surplus land or exempt surplus land, as supported by written findings, before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures.
This bill would require each city and county to establish a local land trust, as defined, for the purposes of holding and developing real property within the jurisdiction. The bill would require the local land trust to be governed by the city council or board of supervisors of the local government.
The bill would require a local land trust to,
at all times, hold at least 5% of the total land within the jurisdiction of the local government in fee simple. The bill would authorize the land in a local land trust to be developed for housing of all types with a focus on affordable housing, supportive housing, transitional housing, emergency shelters, mental health facilities, and child daycare facilities. The bill would require a local government to take affirmative steps to develop the land within the local land trust, as specified. The bill would require a local government to annually submit a report to the Department of Housing and Community Development that contains specified information regarding the land contained in the local land trust.
The bill would exempt a development project on land within a local land trust from CEQA. The bill would also exempt the land placed into a local land trust, and land disposed of out of a local land trust, from the disposal requirements of the Surplus Land Act.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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.
This part shall be known as the Local Land Trust Law.
For purposes of this part:
(a)“Child daycare facility” means a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis.
(b)“Community land trust” means a nonprofit corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that satisfies all of the following:
(1)Has as its primary purposes the creation and maintenance of permanently affordable single-family or multifamily residences.
(2)All dwellings and units located on the land owned by the nonprofit corporation are sold to a qualified owner to be occupied as the qualified owner’s primary residence or rented to persons and families of low or moderate income.
(3)The land owned by the nonprofit corporation, on which a dwelling or unit sold to a qualified owner is situated, is leased by the nonprofit corporation to the qualified owner for the convenient occupation and use of that dwelling or unit for a renewable term of 99 years.
(c)“Department” means the Department of Housing and Community Development.
(d)“Emergency shelter” means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. Emergency shelters
shall not deny an individual or household because of an inability to pay.
(e)“Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(f)“Local land trust” means a community land trust that satisfies the requirements of Section 34702.
(g)“Lower income households” means the same as defined in Section 50079.5.
(h)“Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
(i)“Transitional housing” means noncongregate housing for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.
(a)Each local government shall establish a local land trust for the purpose of holding and developing real property within the jurisdiction in accordance with this part.
(b)A local land trust shall, at all times, hold at least 5 percent of the total land within the jurisdiction of the local government in fee simple.
(c)Land contained in the local land trust may be developed for any of the following purposes:
(1)Housing of all types, with a focus on providing housing affordable to lower income households to the extent permitted by the California Constitution.
(2)Supportive housing.
(3)Transitional housing.
(4)Emergency shelters.
(5)Mental health facilities.
(6)Child daycare facilities.
A local land trust established pursuant to this part shall be governed by the city council or board of supervisors of the local government.
Notwithstanding any other law, a local land trust created pursuant to this part may do any of the following:
(a)Fund the planning, acquisition, and construction of housing of all types and tenures for the homeless population and persons and families of extremely low, very low, and low income, as defined in Section 50093, including, but not limited to, permanent supportive housing.
(b)Receive public and private financing and funds.
(c)Solicit and accept gifts, fees, grants, loans, and other allocations from public and private entities.
(d)Sue and be sued, except as
otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(e)Engage counsel and other professional services.
(f)Enter into and perform all necessary contracts.
(g)Collect data on housing production and monitor progress on meeting regional and state housing goals.
(h)Provide public information about the trust’s housing programs and policies.
(i)Any other express or implied powers necessary to carry out the intent and purposes of this part.
(a)A local government shall take affirmative steps to develop the land within the local land trust for the uses authorized in Section 34702.
(b)(1)Each local land trust shall submit a report to the department, by December 31 of each year, that includes all of the following information:
(A)The percentage of total land of the jurisdiction that is held in the local land trust.
(B)The amount of land in the trust that has been developed for housing and the other purposes authorized by this part.
(C)A description of the
affirmative steps the local government has undertaken to develop the land with in the local land trust, as required pursuant to subdivision (a).
(2)The department shall post on its internet website the progress of each local government is achieving the requirements of this part and the amount of housing developed on local land trust land by each local government.
With respect to any development project undertaken by a local land trust, both of the following shall apply:
(a)The project shall be exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(b)Project review by the local government, including any design review or public oversight of the development, shall be completed within 60 days of submittal of the development to the local government.
Any land placed into a local land trust pursuant to this part, and any land disposed of by the local land trust, shall be deemed exempt surplus land for purposes of Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.
The Legislature finds and declares all of the following:
(a)There are over 120 charter cities in California, the largest of these being the City of Los Angeles.
(b)Due to the severe shortage of land in California, and the need to produce affordable housing and services to our most vulnerable population, the Legislature finds a need for jurisdictions, especially charter cities, to place their fair share of land into a trust.
(c)Therefore, this part addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this part
applies to all cities, including charter cities.
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.