BILL NUMBER: SB 1174 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
(Principal coauthor: Senator Price)
FEBRUARY 18, 2010
An act to add Section 65302.10 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1174, as introduced, Wolk. Land use: general plan:
disadvantaged unincorporated communities.
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.
This bill would require a city or county to amend its general plan
to the extent necessary to address the presence of island, fringe,
or legacy unincorporated communities, as defined, inside or near its
boundaries, and would require the amended general plan to include
specified information. This bill would also require a city or county,
after the initial amendment of its general plan, to review, and if
necessary amend, its general plan to update its information, goals,
and program of action relating to these communities. By adding to the
duties of city and county officials, 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 these
statutory provisions.
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. (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.
(b) It is the intent of the Legislature to encourage investment in
these communities and address the complex legal, financial, and
political barriers that contribute to regional inequity and
infrastructure deficits within disadvantaged unincorporated
communities.
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) The legislative body of a city or county shall amend its
general plan, and each element in the plan, to the extent 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 its boundaries,
no later than the date specified in paragraph (2) of subdivision (d).
(c) The general plan, as amended pursuant to subdivision (b),
shall include all of the following:
(1) An identification of each unincorporated island, fringe, or
legacy community within or proximate to the boundaries of the city or
county. This identification shall include a description of the
community and a map designating its location.
(2) For each identified community, a quantification and analysis
of all of the following:
(A) The number of housing units and residents that lack access to
sanitary sewer service.
(B) The number of housing units and residents that lack access to
municipal water service.
(C) The number of residential neighborhoods within a community
that lack one or more of the following:
(i) Paved roads.
(ii) Storm drainage.
(iii) Sidewalks.
(iv) Street lighting.
(D) The number of households within one-quarter of a mile of
public transit.
(E) The number of housing units that are in substandard condition.
(F) The number of households paying more than 30 percent of their
income toward housing.
(G) The number of households in overcrowded housing.
(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 the
annexation of any identified island or fringe communities.
(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, fringe, or legacy community within or
proximate to the boundaries of the city or county.
(5) A program of flexible implementation measures that the city or
county will undertake to achieve the goals described in paragraph
(4), including an identification of resources and a timeline of
actions.
(d) (1) Following a city's or county's amendment of its general
plan pursuant to this section, on or before the due date for the next
revision of its housing element, the city or county shall review,
and if necessary amend, its general plan to update the analysis,
goals, and actions required by this section.
(2) A city or county shall comply with this subdivision on or
before the earlier of the following two dates:
(A) The date of the city's or county's next general plan revision.
(B) The date that is one year after the date specified in Section
65588 for the next revision of the city's or county's housing element
scheduled to occur after January 1, 2010.
SEC. 3. 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.