Bill Text: CA SB1174 | 2009-2010 | Regular Session | Amended
Bill Title: Land use: general plan: Future Sustainable Communities
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2010-08-13 - Set, second hearing. Held in committee and under submission. [SB1174 Detail]
Download: California-2009-SB1174-Amended.html
BILL NUMBER: SB 1174 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 24, 2010
AMENDED IN ASSEMBLY JUNE 21, 2010
AMENDED IN SENATE APRIL 29, 2010
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE APRIL 13, 2010
INTRODUCED BY Senator Wolk
(Principal coauthor: Senator Price)
FEBRUARY 18, 2010
An act to add Section 65302.10 to the Government
75128.5 to the Public Resources Code, relating
to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1174, as amended, Wolk. Land use: general plan: Future
Sustainable Communities Pilot Project.
The Planning and Zoning Law requires a city or county to adopt a
comprehensive, long-term general plan for the physical development of
the city or county and of any land outside its boundaries that bears
relation to its planning. That law also requires the general plan to
contain specified mandatory elements, including, among others, a
housing element for the preservation, improvement, and development of
the community's housing.
Existing law requires the Strategic Growth Council to manage and
award financial assistance to specified regional and local
governments to support the planning and development of sustainable
communities, as specified, from bond funds made available through the
Safe Drinking Water, Water Quality and Supply, Flood Control, River
and Coastal Protection Bond Act of 2006.
This bill would establish the Future Sustainable Communities Pilot
Project. The bill would require authorize
a city or county with a disadvantaged unincorporated community,
as defined, inside or near its boundaries to apply to the Strategic
Growth Council, as specified, to receive the financial assistance
necessary to update its general plan to facilitate the transformation
of the disadvantaged unincorporated community into a sustainable
community. The bill would require the Strategic Growth Council
to choose 5 cities and 5 counties with a disadvantaged unincorporated
community inside or near their boundaries to receive financial
assistance. The bill would require, upon receipt of the
financial assistance from the council, the city or county to review,
prepare, and adopt amendments to one or more elements of its general
plan, as necessary to include data and analysis, goals,
implementation measures, policies, and objectives to address the
presence of unincorporated island, unincorporated
fringe, or unincorporated legacy
unincorporated communities, as respectively
as defined, inside or near its boundaries, and to
incorporate into the general plan specified purposes relating to the
establishment of sustainable communities. The bill would also require
the updated general plan to include specified information. This bill
would further require the city or county to make a diligent effort
to involve all members of the public in preparing the review and
update of the general plan. By adding to the duties of a
city or county with a disadvantaged unincorporated community inside
or near its boundaries, 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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) Hundreds of disadvantaged unincorporated communities, commonly
referred to as "colonias," exist in California. There are more than
200 of these communities in the San Joaquin Valley alone. Many of
these communities are geographically isolated islands, surrounded by
the city limits of large and medium-sized cities.
(2) Conditions within these disadvantaged unincorporated
communities evidence a distinct lack of public and private investment
that threatens the health and safety of the residents of these
communities and fosters economic, social, and educational inequality.
Many of these communities lack basic infrastructure, including, but
not limited to, streets, sidewalks, storm drainage, clean drinking
water, and adequate sewer service.
(3) Proposition 84, as implemented by Chapter 729 of the Statutes
of 2008, provides bond funds to support the planning and development
of sustainable communities, and requires the Strategic Growth Council
to manage and award financial assistance from those funds for
planning that (A) improves air and water quality, (B) improves
natural resource protection, (C) increases the availability of
affordable housing, (D) improves transportation, (E) reduces
greenhouse gas emissions, and (F) encourages sustainable land use.
(4) Given the need for investment in infrastructure in California'
s disadvantaged unincorporated communities, and the need to plan for,
and to invest in the creation of, sustainable communities, a policy
that unites those goals to address them concurrently is in the best
interest of the people of California.
(b) It is the intent of the Legislature to encourage each
city and county cities and counties , through
participation in the Future Sustainable Communities Pilot Project or
otherwise, to identify disadvantaged communities and ways to improve
the conditions that exist within them, and to review and update its
general plan to address and improve those conditions, while
concurrently implementing the purposes set forth in Proposition 84
and Chapter 729 of the Statutes of 2008.
SEC. 2. Section 65302.10 is added to the
Government Code, to read:
65302.10. (a) As used in this section, the following terms shall
have the following meanings:
(1) "Disadvantaged unincorporated community" means a fringe,
island, or legacy community in which the median household income is
80 percent or less than the statewide median household income.
(2) "Unincorporated fringe community" means any inhabited and
unincorporated territory that is within a city's sphere of influence.
(3) "Unincorporated island community" means any inhabited and
unincorporated territory that is surrounded or substantially
surrounded by one or more cities or by one or more cities and a
county boundary or the Pacific Ocean.
(4) "Unincorporated legacy community" means a geographically
isolated community that is inhabited and has existed for at least 50
years.
(b) There is hereby established the Future Sustainable Communities
Pilot Project. Pursuant to the project, a city or county with a
disadvantaged unincorporated community inside or near its boundaries
shall apply to the Strategic Growth Council, pursuant to subdivision
(a) of Section 75128 of the Public Resources Code, to receive the
financial assistance necessary to update the city's or county's
general plan in order to facilitate the transformation of the
disadvantaged unincorporated community into a sustainable community.
Upon receipt of financial assistance from the Strategic Growth
Council, the planning agency of the city or county shall review and
prepare, and the legislative body of the city or county shall adopt,
amendments to one or more elements of the city or county general plan
as necessary to include data and analysis, goals, implementation
measures, policies, and objectives to address the presence of
unincorporated island, fringe, or legacy communities inside or near
the city's or county's boundaries, and to incorporate in the general
plan the purposes set forth in subdivision (a) of Section 75128 of
the Public Resources Code, in order to facilitate the transformation
of the disadvantaged unincorporated communities into sustainable
communities. The updated general plan shall include all of the
following:
(1) In the case of a city, an identification of each
unincorporated island or fringe community, or in the case of a
county, of each legacy community. This identification shall include a
description of the community and a map designating its location.
(2) For each identified community, an analysis of all of the
following:
(A) The extent to which households in the community lack access to
sanitary sewer service, the extent to which improved sanitary sewer
service would improve water quality, water conservation, and natural
resource protection, and the extent to which it would encourage
sustainable land use, allow for greater infill and compact
development, and revitalize urban community centers.
(B) The extent to which households in the community lack access to
municipal water service, the extent to which municipal water service
would improve water quality, water conservation, and natural
resource protection, and the extent to which it would encourage
sustainable land use, allow for greater infill and compact
development, and revitalize urban community centers.
(C) The extent to which the community lacks
paved roads, storm drainage, sidewalks, and street lighting, and
the extent to which improvement in those areas would encourage
sustainable land use, allow for greater infill and compact
development, and revitalize urban community centers.
(3) An analysis of the city's or county's current programs and
activities to address the conditions or deficiencies described in
paragraph (2), and an identification of any constraints to addressing
those conditions or deficiencies in a manner consistent with the
purposes set forth in subdivision (a) of Section 75128 of the Public
Resources Code. The analysis shall evaluate whether annexation of, or
extension of service to, any identified island or fringe community
is appropriate.
(4) A statement setting forth the city's or county's specific,
quantified goals, taking into consideration, and giving maximum
effect to, the purposes set forth in subdivision (a) of Section 75128
of the Public Resources Code, for eliminating or reducing the
conditions or deficiencies described in paragraph (2) and found to be
present in an unincorporated island, fringe, or legacy community
within or proximate to the boundaries of the city or county.
(5) A set of flexible implementation measures designed to carry
out the goals described in paragraph (4), including an identification
of resources and a timeline of actions.
(c) In preparing the review and update required by this section,
the city or county shall make a diligent effort to involve all
members of the public, including, but not limited to, residents of
the island, fringe, or legacy communities.
SEC. 3. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B 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.
SEC. 2. Section 75128.5 is added to the
Public Resources Code , to read:
75128.5. (a) As used in this section, the following terms shall
have the following meanings:
(1) "Disadvantaged unincorporated community" means an
unincorporated fringe, unincorporated island, or unincorporated
legacy community in which the median household income is 80 percent
or less than the statewide median household income.
(2) "Unincorporated fringe community" means an inhabited and
unincorporated territory that is within a city's sphere of influence.
(3) "Unincorporated island community" means an inhabited and
unincorporated territory that is surrounded or substantially
surrounded by one or more cities or by one or more cities and a
county boundary or the Pacific Ocean.
(4) "Unincorporated legacy community" means a geographically
isolated community that is inhabited and has existed for at least 50
years.
(b) There is hereby established the Future Sustainable Communities
Pilot Project. The purpose of the project is to provide funding to
update a city's or county's general plan in order to facilitate the
transformation of a disadvantaged unincorporated community into a
sustainable community. Cities and counties with a disadvantaged
unincorporated community inside or near their boundaries may apply to
the Strategic Growth Council for funding made available pursuant to
subdivision (c) of Section 75065, as prescribed in (a) of Section
75128. The Strategic Growth Council shall choose five cities and five
counties that meet the qualifications as prescribed in this section.
(c) Upon receipt of financial assistance from the Strategic Growth
Council, the planning agency of the city or county shall review and
prepare, and the legislative body of the city or county shall adopt,
amendments to one or more elements of the city's or county's general
plan as necessary to include data and analysis, goals, implementation
measures, policies, and objectives to address the presence of
unincorporated island, fringe, or legacy communities inside or near
the city's or county's boundaries, and to incorporate in the general
plan efforts that include improving air and water quality, improving
natural resource protection, increasing the availability of
affordable housing, improving transportation, meeting the goals of
the California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code), and
encouraging sustainable land use, as prescribed in subdivision (a) of
Section 75128, in order to facilitate the transformation of the
disadvantaged unincorporated communities into sustainable
communities.
(d) The updated general plan shall include all of the following:
(1) In the case of a city, an identification of each
unincorporated island or unincorporated fringe community, or in the
case of a county, an identification of each unincorporated legacy
community. This identification shall include a description of the
community and a map designating its location.
(2) For each identified community, an analysis of all of the
following:
(A) The extent to which households in the community lack access to
sanitary sewer service, municipal water service, and paved roads,
storm drainage, sidewalks, and street lighting.
(B) The extent to which improved sanitary sewer service, improved
municipal water service, and improved paved roads, storm drainage,
sidewalks, and street lighting, would improve water quality, water
conservation, and natural resource protection, and the extent to
which improvements would encourage sustainable land use, allow for
greater infill and compact development, and revitalize urban
community centers.
(3) An analysis of the city's or county's current programs and
activities to address the conditions or deficiencies described in
paragraph (2) and an identification of any constraints to addressing
those conditions or deficiencies. The analysis shall evaluate whether
annexation of, or extension of service to, an identified
unincorporated island or unincorporated fringe community is
appropriate.
(4) A statement setting forth the city's or county's specific,
quantified goals for eliminating or reducing the conditions or
deficiencies described in paragraph (2) and found to be present in an
unincorporated island, unincorporated fringe, or unincorporated
legacy community within or proximate to the boundaries of the city or
county, taking into consideration and giving maximum effect to an
effort to improve air and water quality, improve natural resource
protection, increase the availability of affordable housing, improve
transportation, meet the goals of the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code), and encourage sustainable land use,
as prescribed in subdivision (a) of Section 75128.
(5) A set of flexible implementation measures designed to carry
out the goals described in paragraph (4), including an identification
of resources and a timeline of actions.
(e) In preparing the review and update required by this section,
the city or county shall make a diligent effort to involve all
members of the public, including, but not limited to, residents of
the unincorporated island, unincorporated fringe, or unincorporated
legacy communities.
