Today's Law As Amended


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AB-1635 Hillcrest property: leasing: housing development projects.(2023-2024)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares that the Department of General Services should encourage and prioritize development that incorporates elements of importance to the City of San Diego’s community, including, but not limited to, all of the following:
(a) Maximum potential of affordable housing.
(b) Mixed-use development, including medium or high residential density development, as defined in the City of San Diego’s plan.
(c) Shared parking standards for the community and Department of Motor Vehicles operational needs, as identified in the City of San Diego’s plan.
(d) Synergy with developing public space improvements, including the “Normal Street Promenade.”
(e) Accommodation for operation of a farmer’s market.
(f) Special uses to benefit the senior population.
(g) Consistency with preserving LGBTQ+ historic sites, as identified in the City of San Diego’s plan.

SEC. 2.

 Section 14670.22 of the Government Code is amended to read:

14670.22.
 (a) Notwithstanding any other provision of law, the Director of General Services, with the consent of the Department of Motor Vehicles, may lease or exchange, if the director deems the leasing or exchanging to be in the best interest of the state, for a term of years, as determined by the director, and for fair market value, all or portions of parcels of real property, that are acquired and used by the state for the benefit of the Department of Motor Vehicles, as described in subdivision (b), for the purpose of developing mixed public and private use facilities, including adequate parking for the Department of Motor Vehicles field office, as determined by that department, subject to all of the following conditions:
(1) All proceeds from the lease or exchange of the Department of Motor Vehicles property shall be deposited into the Motor Vehicle Account in the State Transportation Fund and shall be available for expenditure by the Department of Motor Vehicles.
(2) Each lease shall provide that the lessee may sublease for commercial, retail retail,  or residential uses that portion of the developed property that is not required for use of the state.
(3) A mixed-use facility developed pursuant to this section shall be located at the current state-owned site unless there are mitigating circumstances requiring relocation. If relocation does become necessary, the replacement facility shall be located within the geographic area that serves the current customer base.
(b) For purposes of this section, the following parcels of real properties may be leased or exchanged pursuant to subdivision (a):
(1) A parcel of real property located at 1377 Fell Street, San Francisco.
(2) 3960 Normal Street, San Diego, provided that any lease or exchange of property shall include a condition that a local farmer’s market may continue to conduct regular business.
(3) (2)  8629 Hellman Avenue, Rancho Cucamonga.
(c)  The Department of General Services and the Department of Motor Vehicles, jointly, shall notify the Joint Legislative Budget Committee when the Department of General Services, with the consent of the Department of Motor Vehicles, enters into any lease for a period of 30 years or more and shall report to the committee the terms and conditions of any lease at least 45 days prior to entering into that lease.
(d) Any lease or exchange of properties carried out pursuant to this section shall be for no less than fair market value and upon terms and conditions that the Director of General Services determines to be in the best interest of the state. Compensation for the property may include land, improvements, money, or any combination thereof.
(e) The Department of General Services shall be reimbursed for any cost or expense incurred in the disposition or lease of any parcels described in this section by the Department of Motor Vehicles or from the proceeds of the lease or exchange of those parcels.
(f) The properties identified in this section are not subject to Section 11011.1 or Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5, and the properties shall be or have been offered to the public through a competitive process determined by the director to be in the best interest of the state.

SEC. 3.

 Section 14670.23 is added to the Government Code, to read:

14670.23.
 (a) Notwithstanding any other provision of law, on or before January 1, 2026, the Department of General Services, in consultation with the Department of Motor Vehicles, shall enter into good faith negotiations to lease the Hillcrest property upon the terms and conditions and subject to those reservations and exceptions that the Department of General Services determines are in the best interest of the state.
(b) The lease shall be subject to all of the following conditions:
(1) The lease shall be with a housing sponsor.
(2) The lease shall allow for the development of housing development projects.
(3) The lease shall meet the requirements of, and be consistent with, Section 14671.2.
(c) Nothing in this section shall be interpreted to require the Department of General Services to lease the Hillcrest property if the department, after good faith negotiations, determines that it is not in the best interest of the state to lease the Hillcrest property to a housing sponsor.
(d) (1) Except as provided in paragraph (2), all proceeds from the lease of the Hillcrest property shall be deposited into the Motor Vehicle Account in the State Transportation Fund and, upon appropriation by the Legislature, shall be available for expenditure by the Department of Motor Vehicles.
(2) The Department of General Services shall be reimbursed for any cost or expense incurred in the lease of the Hillcrest property by the Department of Motor Vehicles or from the proceeds of the lease of the Hillcrest property.
(e) A lease of the Hillcrest property shall not be subject to Section 11011.1 or Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
(f) If the Department of General Services determines that a lease of the Hillcrest property is not in the best interest of the state, the department shall notify the Legislature, in writing, explaining the reasons supporting this determination.
(g) For purposes of this section:
(1) “Housing sponsor” has the same meaning as defined in Section 50074 of the Health and Safety Code.
(2) “Hillcrest property” means 3960 Normal Street, San Diego.
(3) “Housing development project” has the same meaning as defined in subdivision (h) of Section 65589.5.