AMENDED IN SENATE APRIL 13, 2023
AMENDED IN SENATE MARCH 22, 2023
SENATE BILL No. 747
Introduced by Senator Caballero
February 17, 2023
An act to amend Sections 52200, 52200.6, 52201, 54221, 54222, 54226, 54230, 54230.5, and 54234 of the Go vernment Code, relating to local government.
legislative counsel’s digest
SB 747, as amended, Caballero. Land use: economic development:
surplus land.
(1) Existing law authorizes a city, county, or city and county , with the approval of its legislative body by resolution after a public hearing, to acquire, sell, or lease property in furtherance of the creation of an economic opportunity , as defined. Existing la w specifies the Legislature’s intent regarding those provisions.
This bill would authorize a city, county, or city and county, in addition to a sale or lease, to otherwise transfer property to create an economic opportunity. The bill w ould make related, conforming changes. The bill would additionally state the Le gislature’s intent is to ensure that residents of the state ha ve access to jobs that allo w them to af ford housing without the need for public subsidies.
Existing law provides that the creation of an economic opportunity under that la w is subject to certain notice and disclosure pro visions.
These pro visions require each local agenc y, before appro ving an economic de velopment subsidy within its jurisdiction, to pro vide specified information in written form to the public and through its internet website, if a vailable, about the b usiness entities that are the
97 beneficiary of the economic de velopment subsidy, the start and end dates and schedule of the subsidy, other related information, and to hold public hearings and report on those subsidies at specified intervals.
This bill would subject the creation of an economic opportunity under the above-described provisions to only the above-described requirements regarding pro viding information to the public on that economic opportunity. The bill w ould specify that these pro visions are an alternative to any other authority or procedures for cities and counties to acquire, sell, lease, or otherwise transfer real property o wned by a city or county.
(2) Existing law prescribes requirements for the disposal of surplus land by a local agenc y. Existing law defines “surplus land” for those purposes to generally mean land owned in fee simple by a local agency for which the local agenc y’s governing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agency’s use. Existing law provides that these requirements do not apply to the disposal of exempt surplus land by an agency of the state or any local government. Existing law requires a local agency to declare land as either surplus land or e xempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under e xisting law, exempt surplus land includes, among other types of land, property that is used by a district for an “agenc y’s use” as expressly authorized, land for specified de velopments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions.
This bill would define the term “dispose” for these purposes to mean the sale of the surplus property or a lease of any surplus property entered into on or after J anuary 1, 2024, for a term longer than 35 years, including renewal options, as specified. The bill w ould also redefine the term “agenc y’s use” to include use for transit or transit-oriented development, property owned by a port that is used to support logistics uses, airports, state tidelands, sites for broadband equipment or wireless facilities, and w aste disposal sites. The bill w ould define a district relative to an “agency’s use” to include infrastructure financing districts, enhanced infrastructure financing districts, community re vitalization and investment authorities, affordable housing authorities, transit village development districts, and climate resilience districts.
This bill would revise and recast certain of the provisions related to exempt surplus land, including surplus land that is not contiguous to 97 — 2 — SB 747
land owned by a state or local agenc y, that is used for open space or low- and moderate- income housing purposes and meets specified conditions, surplus land that is a former parking lot that is conveyed to an owner of an adjacent property, and provisions related to mixed-use developments, among others. The bill would also specify that certain legal restrictions are valid legal restrictions and would require that for surplus land that is subject to v alid legal restrictions to be considered exempt surplus land, the valid restrictions must be included as part of the local agenc y’s above-described written findings. The bill w ould also include as e xempt surplus land, land that is jointly de veloped or used for a joint de velopment, land that w as purchased using federal funds, land transferred to a community land trust, as specified, and additional categories of land determined by the department, including sites that are not suitable for housing.
This bill would authorize a local agency to administratively declare that land is e xempt surplus land, if the declaration and findings are posted on the local agency’s internet website, published and available for public comment, including gi ving notice to specified entities, at least 30 days before the declarations tak e effect. The bill would make the local agency’s declaration presumed conclusive, except as specified.
The bill w ould specify that the la w governing surplus land does not require a local agency to dispose of land that is determined to be surplus.
The bill would specify that the requirements for the disposal of surplus land by a local agenc y do not apply to properties that a local agenc y proposes to sell, lease, or otherwise transfer under the above-described economic opportunity provisions.
Existing law generally requires a local agenc y disposing of surplus land to send a written notice of availability of the property to specified entities prior to disposing of that property or participating in negotiations to dispose of that property with a prospective transferee.
This bill would create an e xception from that notice requirement if the prospective transferee is an affordable housing developer proposing to develop an af fordable housing project on the site which that will meet or exceed a 25% affordability threshold, as described.
Under existing law, a local agency that disposes of surplus land after receiving a notification from the Department of Housing and Community Development that the agency is in violation of the law is liable for 30% of the final sale price of the land. Existing law authorizes certain entities and interested persons to bring an action to enforce these pro visions.
Existing law grants a local agency 60 days to cure or correct an alleged 97 SB 747 — 3 —
violation before an action may be brought to enforce this pro vision, except as specified.
This bill would require a local agenc y, upon receiving a notice of a violation from the department, to consider the matter at a public meeting within 30 days if the local agency proceeds with the disposal. The bill would specify that following the public hearing, the local agenc y has 60 days to cure or correct an alleged violation before an action may be brought to enforce this provision.
Existing law further requires the department to review, adopt, amend, or repeal guidelines to establish uniform standards to implement this provision and specifies that those guidelines are not subject to the Administrative Procedure Act.
This bill would additionally require the department to solicit public comments for 30 days and consider and respond in writing to the public comments prior to adopting, amending, or repealing the guidelines. The bill w ould additionally require the department to pro vide the local agency an appeals process to o verturn an adv erse action by the department affecting the local agency overseen by an independent trier of fact.
Existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as the y existed on December 31, 2019, if those dispositions are pursuant to specified legal agreements and the disposition is completed by December 31, 2022, or by December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement duly authorized by the governing body to purchase the property from a former redevelopment agency.
This bill w ould e xpand the applicability of those disposition procedures to December 31, 2025, as to property located in a city or county that entered into a le gally binding agreement to dispose of the property prior to September 30, 2019, and the transferee has exercised one or more unilateral e xtension options which were a component of the original agreement.
With respect to land held in the Community Redevelopment Property Trust Fund or designated in a long-range property management plan either for sale or retained for future development, existing law provides that certain dispositions of real property by local agencies are subject to surplus land disposal procedures as the y existed on December 31, 2019, if those dispositions are pursuant to specified le gal agreements entered into not later than December 31, 2020, and the disposition is 97 — 4 — SB 747
completed by December 31, 2022, or by December 31, 2024, if the property is located in a charter city with a population of over 2,000,000 persons and a local agency has an option agreement authorized by the local agency’s governing body to purchase the property from the former redevelopment agency.
This bill w ould e xpand the applicability of those disposition procedures for which an agreement has been entered into by December 31, 2020, if the disposition is completed by December 31, 2025, and the property is located in a city or county that entered into a le gally binding agreement to dispose of the property before September 30, 2019, and the transferee has exercised one or more unilateral extension options which were a component of the original agreement.
By imposing new duties on local agencies, the bill w ould impose a state-mandated local program.
The California Constitution requires the state to reimb urse 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 52200 of the Government Code is line 2 amended to read:
line 3 52200. It is the intent of the Le gislature to do all of the line 4 following:
line 5 (a) Promote economic de velopment on a local le vel so that line 6 communities can enact local strate gies to increase jobs, create line 7 economic opportunity, and generate tax re venue for all le vels of line 8 government.
line 9 (b) Give local go vernments tools, at no cost to the state, that line 10 allow local go vernments to use their funds in a manner that line 11 promotes economic opportunity.
line 12 (c) With the loss of redevelopment funds, cities, counties, and line 13 cities and counties need to continue certain po wers afforded to line 14 redevelopment agencies that were critical to economic 97 SB 747 — 5 —
line 1 development, yet do not have an impact on schools and the state line 2 budget.
line 3 (d) Ensure that residents of the state ha ve access to jobs that line 4 allow them to afford housing without the need for public subsidies. line 5 SEC. 2. Section 52200.6 of the Government Code is amended line 6 to read:
line 7 52200.6. (a) (1) This part shall not be interpreted to authorize line 8 the use of eminent domain for economic development purposes. line 9 (2) For the purposes of this part, a city , county, or city and line 10 county shall not sell, lease, or otherwise transfer, at a price that is line 11 less than the fair market value, any real property that was acquired line 12 through eminent domain. This prohibition shall not apply to either line 13 of the following:
line 14 (A) Any real property go verned by a long-range property line 15 management plan pursuant to Section 34191.5 of the Health and line 16 Safety Code.
line 17 (B) Any housing asset transferred to a city, county, or city and line 18 county pursuant to paragraph (1) of subdi vision (a) of Section line 19 34176 of the Health and Safety Code or subdivision (c) of Section line 20 34181 of the Health and Safety Code, provided that the successor line 21 agency or the designated local authority in the affected jurisdiction line 22 has recei ved a finding of completion from the Department of line 23 Finance pursuant to Section 34179.7 of the Health and Safety line 24 Code.
line 25 (b) The creation of an economic opportunity pursuant to this line 26 part shall be subject only to the provisions of Section 53083. line 27 (c) The provisions of this part are an alternati ve to an y other line 28 authority granted to, or procedures required by la w for, cities or line 29 counties to acquire, sell, lease, or otherwise transfer property owned line 30 by a city or county.
line 31 SEC. 3. Section 52201 of the Government Code is amended line 32 to read:
line 33 52201. (a) (1) A city, county, or city and county may acquire line 34 property in furtherance of the creation of an economic opportunity. line 35 A city, county, or city and county may sell, lease, or otherwise line 36 transfer property to create an economic opportunity . The line 37 acquisition, sale, lease, or transfer shall first be appro ved by the line 38 legislative body by resolution after a public hearing. Notice of the line 39 time and place of the hearing shall be published in a ne wspaper line 40 of general circulation in the community at least once per week for 97 — 6 — SB 747
line 1 at least two successive weeks, as specified in Section 6066, prior line 2 to the hearing.
line 3 (2) The city, county, or city and county shall mak e available, line 4 for public inspection and copying at a cost not to exceed the cost line 5 of duplication, a report no later than the time of publication of the line 6 first notice of the hearing mandated by this section. This report line 7 shall contain both of the following:
line 8 (A) A copy of the proposed acquisition, sale, lease, or transfer. line 9 (B) A summary that describes and specifies all of the following:
line 10 (i) The cost of the agreement to the city , county, or city and line 11 county, including land acquisition costs, clearance costs, relocation line 12 costs, the costs of an y improvements to be pro vided by the city, line 13 county, or city and county, plus the expected interest on any loans line 14 or bonds to finance the agreements.
line 15 (ii) For the sale, lease, or transfer of property , the estimated line 16 value of the interest to be con veyed or leased, determined at the line 17 highest and best uses permitted under the general plan or zoning. line 18 (iii) For the sale, lease, or transfer of property , the estimated line 19 value of the interest to be con veyed or leased, determined at the line 20 use and with the conditions, co venants, and de velopment costs line 21 required by the sale, lease, or transfer . The purchase price or line 22 present v alue of the lease payments which the lessor will be line 23 required to make during the term of the lease. If the sale price or line 24 total rental amount is less than the fair market value of the interest line 25 to be conveyed or leased, determined at the highest and best use, line 26 then the city, county, or city and county shall pro vide as part of line 27 the summary an explanation of the reasons for the difference. line 28 (iv) An e xplanation of wh y the acquisition, sale, lease, or line 29 transfer of the property will assist in the creation of economic line 30 opportunity, with reference to all supporting f acts and materials line 31 relied upon in making this explanation.
line 32 (b) The resolution appro ving the acquisition, sale, lease, or line 33 transfer shall be adopted by a majority vote unless the legislative line 34 body has pro vided by ordinance for a tw o-thirds v ote for that line 35 purpose and shall contain a finding that the acquisition, sale, lease, line 36 or transfer of the property will assist in the creation of economic line 37 opportunity. F or the sale, lease, or transfer of property , the line 38 resolution shall also contain one of the following findings:
line 39 (1) The consideration is not less than the f air market value at line 40 its highest and best use.
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line 1 (2) The consideration is not less than the fair reuse value at the line 2 use and with the covenants and conditions and development costs line 3 authorized by the sale, lease, or transfer.
line 4 (c) The provisions of this section are an alternative to any other line 5 procedures required by law or authority granted by la w to a city, line 6 county, or city and county , to sell, lease, or otherwise transfer line 7 property owned by a city, county, or city and county. line 8 SEC. 4. Section 54221 of the Government Code is amended line 9 to read:
line 10 54221. As used in this article, the follo wing definitions shall line 11 apply:
line 12 (a) (1) “Local agenc y” means e very city, whether or ganized line 13 under general law or by charter, county, city and county, district, line 14 including school, sewer, water, utility, and local and regional park line 15 districts of an y kind or class, joint po wers authority, successor line 16 agency to a former rede velopment agency, housing authority, or line 17 other political subdi vision of this state and an y instrumentality line 18 thereof that is empowered to acquire and hold real property. line 19 (2) The Legislature finds and declares that the term “district” line 20 as used in this article includes all districts within the state, line 21 including, but not limited to, all special districts, se wer, water, line 22 utility, and local and regional park districts, and any other political line 23 subdivision of this state that is a district, and therefore the changes line 24 in paragraph (1) made by the act adding this paragraph that specify line 25 that the provisions of this article apply to all districts, including line 26 school, sewer, water, utility, and local and re gional park districts line 27 of an y kind or class, are declaratory of, and not a change in, line 28 existing law.
line 29 (b) (1) “Surplus land” means land owned in fee simple by any line 30 local agency for which the local agenc y’s governing body tak es line 31 formal action in a re gular public meeting declaring that the land line 32 is surplus and is not necessary for the agency’s use. Land shall be line 33 declared either “surplus land” or “e xempt surplus land, ” as line 34 supported by written findings, before a local agency may take any line 35 action to dispose of it consistent with an agenc y’s policies or line 36 procedures. A local agenc y, on an annual basis, may declare line 37 multiple parcels as “surplus land” or “e xempt surplus land. ” A line 38 local agency may administratively declare that land is as “exempt line 39 surplus land” pursuant to subdi vision (e) if the declaration and line 40 findings are posted on the local a gency’s internet website or 97 — 8 — SB 747
line 1 published and a vailable for public comment, and notice to the line 2 entities identified in subdi vision (a) of Section 54222 occurs, at line 3 least 30 days before the declaration takes effect. A local agency’s line 4 declaration, determination, and written findings pursuant to this line 5 paragraph section shall be presumed conclusi ve, unless a line 6 prejudicial abuse of discretion is clearly established. line 7 (2) “Surplus land” includes land held in the Community line 8 Redevelopment Property Trust Fund pursuant to Section 34191.4 line 9 of the Health and Safety Code and land that has been designated line 10 in the long-range property management plan appro ved by the line 11 Department of Finance pursuant to Section 34191.5 of the Health line 12 and Safety Code, either for sale or for future de velopment, but line 13 does not include any specific disposal of land to an identified entity line 14 described in the plan.
line 15 (c) (1) Except as pro vided in paragraph (2), “agenc y’s use” line 16 shall include, b ut not be limited to, land that is being used, is line 17 planned to be used pursuant to a written plan adopted by the local line 18 agency’s governing board for, or is disposed to support pursuant line 19 to subparagraph (B) of paragraph (2) agency work or operations, line 20 including, but not limited to, utility sites, parcels used or planned line 21 to be used for transit or transit-oriented de velopment, property line 22 owned by a port that is used to support logistics uses, airports, line 23 state tidelands, w atershed property , land being used for line 24 conservation purposes, land for demonstration, e xhibition, or line 25 educational purposes related to greenhouse g as emissions, sites line 26 for broadband equipment or wireless f acilities, and b uffer sites line 27 near sensitive governmental uses, including, b ut not limited to, line 28 waste disposal sites, and waste water treatment plants. line 29 (2) (A) “Agency’s use” shall not include commercial or line 30 industrial uses or acti vities, including nongo vernmental retail, line 31 entertainment, or office development. Property disposed of for the line 32 sole purpose of investment or generation of re venue shall not be line 33 considered necessary for the agency’s use.
line 34 (B) In the case of a local agency that is a district, including, but line 35 not limited to, those described in clause (iii), “agency’s use” may line 36 include commercial or industrial uses or acti vities, including line 37 nongovernmental retail, entertainment, or office de velopment or line 38 be for the sole purpose of in vestment or generation of revenue if line 39 the agenc y’s go verning body tak es action in a public meeting line 40 declaring that the use of the site will do one of the following:
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line 1 (i) Directly further the e xpress purpose of agenc y w ork or line 2 operations.
line 3 (ii) Be expressly authorized by a statute go verning the local line 4 agency, provided the district complies with Section 54233.5 where line 5 applicable.
line 6 (iii) For the purposes of this subparagraph, a district includes, line 7 but is not limited to, any of the following:
line 8 (I) A district, as referenced in paragraph (2) of subdivision (a). line 9 (II) An infrastructure finance district established pursuant to line 10 Chapter 2.8 (commencing with Section 53395) of Part 1 of Division line 11 2 of Title 5.
line 12 (III) An enhanced infrastructure financing district established line 13 pursuant to Chapter 2.99 (commencing with Section 53398.50) of line 14 Part 1 of Division 2 of Title 5.
line 15 (IV) A community re vitalization and in vestment authority line 16 established pursuant to Di vision 4 (commencing with Section line 17 62000) of Title 6.
line 18 (V) An af fordable housing authority established pursuant to line 19 Division 5 (commencing with Section 62250) of Title 6. line 20 (VI) A transit village development district established pursuant line 21 to Article 8.5 (commencing with Section 65460) of Chapter 3 of line 22 Division 1 of Title 7.
line 23 (VII) A climate resilience district established pursuant to line 24 Division 6 (commencing with Section 62300) of Title 6. line 25 (d) “Dispose” means either of the following:
line 26 (1) The sale of the surplus land.
line 27 (2) The entering of a lease of for surplus land land, which is for line 28 a term longer than 35 years, including rene wal options included line 29 in the terms of the initial lease. lease, entered into on or after line 30 January 1, 2024.
line 31 (e) (1) Except as pro vided in paragraph (2), “e xempt surplus line 32 land” means any of the following:
line 33 (A) Surplus land that is transferred pursuant to Section 25539.4 line 34 or 37364.
line 35 (B) Surplus land that is not contiguous to land owned by a state line 36 or local agenc y that is used for open space or lo w- and line 37 moderate-income housing purposes and meets any of the following line 38 conditions:
line 39 (i) Is less than 5,000 square feet in area.
97 — 10 — SB 747
line 1 (ii) Is less than the minimum legal residential building lot size line 2 for the jurisdiction in which the parcel is located, or 5,000 square line 3 feet in area, whichever is less.
line 4 (iii) Has no record access and is less than 10,000 square feet in line 5 area.
line 6 (iv) Is sold or leased to an owner of contiguous land. line 7 (C) Surplus land that a local agency is exchanging for another line 8 property interest necessary for the agency’s use. line 9 (D) Surplus land that a local agenc y is transferring to another line 10 local, state, or federal agency, or to a third-party intermediary for line 11 future dedication for the receiving agency’s use, or to a federally line 12 recognized California Indian tribe.
line 13 (E) Surplus land that is a former street, right-of-w ay, parking line 14 lot, or easement, and is con veyed to an o wner of an adjacent line 15 property.
line 16 (F) A housing de velopment, which may ha ve ancillary line 17 commercial ground floor uses, that restricts 100 percent of the line 18 residential units to persons and families of low or moderate income, line 19 with at least 75 percent of the residential units restricted to lower line 20 income households, as defined in Section 50079.5 of the Health line 21 and Safety Code, with an af fordable sales price or an af fordable line 22 rent, as defined in Sections 50052.5 or 50053 of the Health and line 23 Safety Code, for a minimum of 55 years for rental housing and 45 line 24 years for ownership housing, and in no event shall the maximum line 25 affordable sales price or rent level be higher than 20 percent below line 26 the median mark et rents or sales prices for the neighborhood in line 27 which the site is located.
line 28 (G) A mixed-use development, which may include more than line 29 one publicly owned parcel, that restricts at least 25 percent of the line 30 residential units to lower income households, as defined in Section line 31 50079.5 of the Health and Safety Code, with an af fordable sales line 32 price or an af fordable rent, as defined in Sections 50052.5 and line 33 50053 of the Health and Safety Code, for a minimum of 55 years line 34 for rental housing and 45 years for ownership housing. line 35 (H) Surplus land that is subject to v alid legal restrictions that line 36 are not imposed by the local agency and that would make housing line 37 prohibited, unless there is a feasible method to satisf actorily line 38 mitigate or avoid the prohibition on the site.
line 39 (i) Valid legal restrictions include, but are not limited to, all of line 40 the following:
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line 1 (I) Existing constraints under o wnership rights or contractual line 2 obligations that prevent the use of the property for housing. line 3 (II) Conservation or other easements or encumbrances that line 4 prevent housing development.
line 5 (III) Existing leases, or other contractual oblig ations or line 6 restrictions.
line 7 (IV) A requirement for voter approval to transfer the property. line 8 (ii) Feasible methods to mitigate or avoid a valid legal restriction line 9 on the site do not include a requirement that the local agenc y line 10 acquire additional property rights or property interests belonging line 11 to third parties.
line 12 (iii) An e xisting nonresidential land use designation on the line 13 surplus land is not a le gal restriction that w ould make housing line 14 prohibited for purposes of this subparagraph.
line 15 (iv) Prior to disposition of the surplus land, the local agenc y line 16 includes shall include in its written findings adopted pursuant to line 17 subdivision (b) the relevant legal restrictions as described in this line 18 subparagraph.
line 19 (I) Surplus land that was granted by the state in trust to a local line 20 agency or that was acquired by the local agency for trust purposes line 21 by purchase or e xchange, and for which disposal of the land is line 22 authorized or required subject to conditions established by statute. line 23 (J) Land that is subject to Sections 17388, 17515, 17536, 81192, line 24 81397, 81399, 81420, and 81422 of the Education Code and Part line 25 14 (commencing with Section 53570) of Division 31 of the Health line 26 and Safety Code, unless compliance with this article is expressly line 27 required.
line 28 (K) Surplus land that is a former military base that was conveyed line 29 by the federal go vernment to a local agenc y, and is subject to line 30 Article 8 (commencing with Section 33492.125) of Chapter 4.5 line 31 of Part 1 of Division 24 of the Health and Safety Code, provided line 32 that all of the following conditions are met:
line 33 (i) The former military base has an aggregate area greater than line 34 five acres, is e xpected to include a mix of residential and line 35 nonresidential uses, and is expected to include no fewer than 1,400 line 36 residential units upon completion of development or redevelopment line 37 of the former military base.
line 38 (ii) The affordability requirements for residential units shall be line 39 governed by a settlement agreement entered into prior to September line 40 1, 2020. Furthermore, at least 25 percent of the initial 1,400 97 — 12 — SB 747
line 1 residential units de veloped shall be restricted to lo wer income line 2 households, as defined in Section 50079.5 of the Health and Safety line 3 Code, with an af fordable sales price or an af fordable rent, as line 4 defined in Sections 50052.5 and 50053 of the Health and Safety line 5 Code, for a minimum of 55 years for rental housing and 45 years line 6 for ownership housing.
line 7 (iii) Prior to disposition of the surplus land, the agenc y adopts line 8 written findings that the land is e xempt surplus land pursuant to line 9 this subparagraph.
line 10 (iv) Prior to the disposition of the surplus land, the recipient has line 11 negotiated a project labor agreement consistent with the local line 12 agency’s project stabilization agreement resolution, as adopted on line 13 February 2, 2021, and an y succeeding ordinance, resolution, or line 14 policy, regardless of the length of the agreement between the local line 15 agency and the recipient.
line 16 (v) The agenc y includes in the annual report required by line 17 paragraph (2) of subdi vision (a) of Section 65400 the status of line 18 development of residential units on the former military base, line 19 including the total number of residential units that ha ve been line 20 permitted and what percentage of those residential units are line 21 restricted for persons and families of low or moderate income, as line 22 defined in Section 50093 of the Health and Safety Code, or lower line 23 income households, as defined in Section 50079.5 of the Health line 24 and Safety Code.
line 25 A violation of this subparagraph is subject to the penalties line 26 described in Section 54230.5. Those penalties are in addition to line 27 any remedy a court may order for violation of this subparagraph line 28 or the settlement agreement.
line 29 (L) Real property that is used by a district for agenc y’s use line 30 expressly authorized in subdivision (c).
line 31 (M) Land that has been transferred before June 30, 2019, by the line 32 state to a local agenc y pursuant to Section 32667 of the Streets line 33 and Highways Code and has a minimum planned residential density line 34 of at least 100 dwelling units per acre, and includes 100 or more line 35 residential units that are restricted to persons and families of low line 36 or moderate income, as defined in Section 50093 of the Health line 37 and Safety Code, with an af fordable sales price or an af fordable line 38 rent, as defined in Sections 50052.5 and 50053 of the Health and line 39 Safety Code, for a minimum of 55 years for rental housing and 45 line 40 years for ownership housing. For purposes of this subparagraph, 97 SB 747 — 13 —
line 1 not more than 20 percent of the affordable units may be restricted line 2 to persons and families of moderate income and at least 80 percent line 3 of the affordable units must be restricted to persons and f amilies line 4 of lower income as defined in Section 50079.5 of the Health and line 5 Safety Code.
line 6 (N) Land that is jointly de veloped or used for a joint line 7 development as authorized in Section 99420 of the Public Utilities line 8 Code.
line 9 (O) Land that was purchased using federal funds and for which line 10 a federal agenc y has authorized the use of the land for specific line 11 purposes.
line 12 (P) Land that is transferred to a community land trust, and all line 13 of the following conditions are met:
line 14 (i) The property is being or will be de veloped or rehabilitated line 15 as any of the following:
line 16 (I) An owner-occupied single-family dwelling.
line 17 (II) An owner-occupied unit in a multifamily dwelling. line 18 (III) A member -occupied unit in a limited equity housing line 19 cooperative.
line 20 (IV) A rental housing development.
line 21 (ii) Improvements on the property are or will be a vailable for line 22 use and ownership or for rent by qualified persons, as defined in line 23 paragraph (6) of subdivision (c) of Section 214.18 of the Revenue line 24 and Taxation Code.
line 25 (iii) (I) A deed restriction or other instrument, requiring a line 26 contract or contracts serving as an enforceable restriction on the line 27 sale or resale value of owner-occupied units or on the affordability line 28 of rental units is recorded on or before the lien date following the line 29 acquisition of the property by the community land trust. line 30 (II) For purposes of this clause, the following definitions apply:
line 31 (ia) “A contract or contracts serving as an enforceable restriction line 32 on the sale or resale v alue of o wner-occupied units” means a line 33 contract described in paragraph (11) of subdivision (a) of Section line 34 402.1 of the Revenue and Taxation Code.
line 35 (ib) “A contract or contracts serving as an enforceable restriction line 36 on the af fordability of rental units” means an enforceable and line 37 verifiable agreement with a public agenc y, a recorded deed line 38 restriction, or other legal document described in subparagraph (A) line 39 of paragraph (2) of subdivision (g) of Section 214 of the Revenue line 40 and Taxation Code.
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line 1 (iv) A copy of the deed restriction or other instrument shall be line 2 provided to the assessor.
line 3 (Q) Additional categories of exempt surplus land as determined line 4 by the department, including, but not limited to, sites that are not line 5 suitable for housing.
line 6 (2) Notwithstanding paragraph (1), a written notice of the line 7 availability of surplus land for open-space purposes shall be sent line 8 to the entities described in subdivision (b) of Section 54222 prior line 9 to disposing of the surplus land, provided the land does not meet line 10 the criteria in subparagraph (I) of paragraph (1), if the land is any line 11 of the following:
line 12 (A) Within a coastal zone.
line 13 (B) Adjacent to a historical unit of the State Parks System. state line 14 parks system.
line 15 (C) Listed on, or determined by the State Office of Historic line 16 Preservation to be eligible for , the National Re gister of Historic line 17 Places.
line 18 (D) Within the Lake Tahoe region as defined in Section 66905.5. line 19 (f) “Open-space purposes” means the use of land for public line 20 recreation, enjoyment of scenic beauty, or conservation or use of line 21 natural resources.
line 22 (g) “Persons and families of low or moderate income” has the line 23 same meaning as pro vided in Section 50093 of the Health and line 24 Safety Code.
line 25 SEC. 5. Section 54222 of the Government Code is amended line 26 to read:
line 27 54222. Except as provided in Division 23 (commencing with line 28 Section 33000) of the Public Resources Code, an y local agenc y line 29 disposing of surplus land shall send, prior to disposing of that line 30 property or participating in negotiations to dispose of that property line 31 with a prospecti ve transferee other than an af fordable housing line 32 developer proposing to develop an affordable housing project on line 33 the site that meets or exceeds the 25-percent affordability threshold line 34 described in Section 54222.5, a written notice of a vailability of line 35 the property to all of the following:
line 36 (a) (1) A written notice of a vailability for the purpose of line 37 developing low- and moderate-income housing shall be sent to line 38 any local public entity, as defined in Section 50079 of the Health line 39 and Safety Code, within whose jurisdiction the surplus land is line 40 located. Housing sponsors, as defined by Section 50074 of the 97 SB 747 — 15 —
line 1 Health and Safety Code, that ha ve notified the Department of line 2 Housing and Community Development of their interest in surplus line 3 land shall be sent a notice of a vailability of surplus land for the line 4 purpose of de veloping low- and moderate-income housing. All line 5 notices shall be sent by electronic mail, or by certified mail, and line 6 shall include the location and a description of the property. line 7 (2) The Department of Housing and Community Development line 8 shall maintain on its internet website an up-to-date listing of all line 9 notices of availability throughout the state.
line 10 (b) A written notice of availability for open-space purposes shall line 11 be sent:
line 12 (1) To an y park or recreation department of an y city within line 13 which the land may be situated.
line 14 (2) To any park or recreation department of the county within line 15 which the land is situated.
line 16 (3) To any regional park authority ha ving jurisdiction within line 17 the area in which the land is situated.
line 18 (4) To the State Resources Agency or an y agenc y that may line 19 succeed to its powers.
line 20 (c) A written notice of a vailability of land suitable for school line 21 facilities construction or use by a school district for open-space line 22 purposes shall be sent to any school district in whose jurisdiction line 23 the land is located.
line 24 (d) A written notice of availability for the purpose of developing line 25 property located within an infill opportunity zone designated line 26 pursuant to Section 65088.4 or within an area covered by a transit line 27 village plan adopted pursuant to the Transit Village Development line 28 Planning Act of 1994 (Article 8.5 (commencing with Section line 29 65460) of Chapter 3 of Division 1 of Title 7) shall be sent to any line 30 county, city , city and county , successor agenc y to a former line 31 redevelopment agency, public transportation agenc y, or housing line 32 authority within whose jurisdiction the surplus land is located. line 33 (e) The entity or association desiring to purchase or lease the line 34 surplus land for an y of the purposes authorized by this section line 35 shall notify in writing the disposing agenc y of its interest in line 36 purchasing or leasing the land within 60 days after the agenc y’s line 37 notice of a vailability of the land is sent via certified mail or line 38 provided via electronic mail.
line 39 (f) For the purposes of this section, “participating in line 40 negotiations” does not include the commissioning of appraisals, 97 — 16 — SB 747
line 1 due diligence prior to disposition, discussions with brokers or real line 2 estate agents not representing a potential b uyer, or other studies line 3 to determine value or best use of land, issuance of a request for line 4 qualifications, development of marketing materials, or discussions line 5 conducted exclusively among local agency employees and elected line 6 officials.
line 7 SEC. 6. Section 54226 of the Government Code is amended line 8 to read:
line 9 54226. (a) This article shall not be interpreted to limit the line 10 power of any local agency to sell or lease surplus land at fair market line 11 value or at less than fair market value, and any sale or lease at or line 12 less than fair market value consistent with this article shall not be line 13 construed as inconsistent with an agency’s purpose. line 14 (b) This article shall not prevent a local agency from obtaining line 15 fair market value for the disposition of surplus land consistent with line 16 this section.
line 17 (c) This article shall not be interpreted to limit a local agency’s line 18 authority or discretion to approve land use, zoning, or entitlement line 19 decisions in connection with the surplus land.
line 20 (d) This article shall not be interpreted to require a local agency line 21 to dispose of land that is determined to be surplus. line 22 (e) This article shall not apply to properties that a local agency line 23 proposes to sell, lease, or otherwise transfer pursuant to P art 4 line 24 (commencing with Section 52200) of Division 1 of Title 5. line 25 (f) This article shall not apply when it conflicts with any other line 26 provision or authority of statutory law.
line 27 SEC. 7. Section 54230 of the Government Code is amended line 28 to read:
line 29 54230. (a) (1) On or before December 31 of each year, each line 30 county and each city shall make a central inventory of all surplus line 31 land, as defined in subdivision (b) of Section 54221, and all lands line 32 in excess of its foreseeable needs, if an y, identified pursuant to line 33 Section 50569, located in all urbanized areas and urban clusters, line 34 as designated by the United States Census Bureau, within the line 35 jurisdiction of the county or city that the county or city or an y of line 36 its departments, agencies, or authorities owns or controls. line 37 (2) (A) Subject to subparagraph (C), each county and each city line 38 shall make a description of each parcel described in paragraph (1) line 39 and the present use of the parcel a matter of public record and shall line 40 report this information to the Department of Housing and 97 SB 747 — 17 —
line 1 Community De velopment no later than April 1 of each year , line 2 beginning April 1, 2021, in a form prescribed by the department, line 3 as part of its annual progress report submitted pursuant to paragraph line 4 (2) of subdivision (a) of Section 65400.
line 5 (B) The information reported pursuant to this paragraph shall line 6 include, b ut not be limited to, the follo wing information with line 7 respect to each site:
line 8 (i) Street address, or similar location information. line 9 (ii) Assessor’s parcel number.
line 10 (iii) Existing use.
line 11 (iv) Whether the site is surplus land or exempt surplus land. line 12 (v) Size in acres.
line 13 (C) The Department of Housing and Community Development line 14 may, in its discretion, delay implementation of this paragraph until line 15 April 1, 2022.
line 16 (3) Each county and each city, upon request, shall provide a list line 17 of its surplus land and excess surplus land to an individual, limited line 18 dividend corporation, housing corporation, or nonprofit corporation line 19 without charge.
line 20 (b) The Department of Housing and Community Development line 21 shall provide the information reported to it by a city or county line 22 pursuant to paragraph (2) of subdivision (a) to the Department of line 23 General Services for inclusion in a digitized in ventory of all line 24 state-owned parcels that are in excess of state needs. line 25 (c) The Department of Housing and Community Development line 26 may re view, adopt, amend, and repeal standards, forms, and line 27 definitions in order to implement this section. Any standards, line 28 forms, or definitions adopted, amended, or repealed pursuant to line 29 this subdivision are hereby exempt from the rulemaking provisions line 30 of the Administrative Procedure Act (Chapter 3.5 (commencing line 31 with Section 11340) of Part 1 of Division 3 of Title 2). line 32 SEC. 8. Section 54230.5 of the Government Code is amended line 33 to read:
line 34 54230.5. (a) (1) A local agenc y that disposes of land in line 35 violation of this article after recei ving a notification from the line 36 Department of Housing and Community De velopment pursuant line 37 to subdivision (b) that the local agency is in violation of this article line 38 shall be liable for a penalty of 30 percent of the final sale price of line 39 the land sold in violation of this article for a first violation and 50 line 40 percent for any subsequent violation. An entity identified in Section 97 — 18 — SB 747
line 1 54222 or a person who w ould ha ve been eligible to apply for line 2 residency in an y af fordable housing de veloped or a housing line 3 organization as defined in Section 65589.5, or an y beneficially line 4 interested person or entity may bring an action to enforce this line 5 section. Upon receiving a notice of violation from the department, line 6 a local agency that proceeds with the disposal shall consider the line 7 matter at a public meeting within 30 days. F ollowing the public line 8 meeting, a local agenc y shall have 60 days to cure or correct an line 9 alleged violation before an action may be brought to enforce this line 10 section, unless the local agency disposes of the land before curing line 11 or correcting the alle ged violation, or the department deems the line 12 alleged violation not to be a violation in less than 60 days. line 13 (2) A penalty assessed pursuant to this subdivision shall, except line 14 as otherwise provided, be deposited into a local housing trust fund. line 15 The local agency may elect to instead deposit the penalty moneys line 16 into the Building Homes and Jobs Trust Fund or the Housing line 17 Rehabilitation Loan Fund. Penalties shall not be paid out of funds line 18 already dedicated to affordable housing, including, but not limited line 19 to, Lo w and Moderate Income Housing Asset Funds, funds line 20 dedicated to housing for v ery low, low-, and moderate-income line 21 households, and federal HOME Investment Partnerships Program line 22 and Community De velopment Block Grant Program funds. The line 23 local agenc y shall commit and e xpend the penalty mone ys line 24 deposited into the local housing trust fund within fiv e years of line 25 deposit for the sole purpose of financing newly constructed housing line 26 units that are affordable to extremely low, very low, or low-income line 27 households.
line 28 (3) Five years after deposit of the penalty moneys into the local line 29 housing trust fund, if the funds have not been expended, the funds line 30 shall revert to the state and be deposited in the Building Homes line 31 and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for line 32 the sole purpose of financing ne wly constructed housing units line 33 located in the same jurisdiction as the surplus land and that are line 34 affordable to extremely low, very low, or low-income households. line 35 Expenditure of an y penalty mone ys deposited into the Building line 36 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan line 37 Fund pursuant to this subdivision shall be subject to appropriation line 38 by the Legislature.
line 39 (b) (1) Prior to agreeing to terms for the disposition of surplus line 40 land, a local agency shall provide to the Department of Housing 97 SB 747 — 19 —
line 1 and Community De velopment a description of the notices of line 2 availability sent, and negotiations conducted with any responding line 3 entities, in regard to the disposal of the parcel of surplus land and line 4 a cop y of an y restrictions to be recorded ag ainst the property line 5 pursuant to Section 54233 or 54233.5, whichever is applicable, in line 6 a form prescribed by the Department of Housing and Community line 7 Development. A local agency may submit this information after line 8 it has sent notices of a vailability required by Section 54222 and line 9 concluded ne gotiations with an y responding agencies. A local line 10 agency shall not be liable for the penalty imposed by subdivision line 11 (a) if the Department of Housing and Community De velopment line 12 does not notify the agenc y that the agenc y is in violation of this line 13 article within 30 days of receiving the description. line 14 (2) The Department of Housing and Community Development line 15 shall do all of the following:
line 16 (A) Make a vailable educational resources and materials that line 17 inform each agenc y of its oblig ations under this article and that line 18 provide guidance on how to comply with its provisions. line 19 (B) Review information submitted pursuant to paragraph (1). line 20 (C) Submit written findings to the local agency within 30 days line 21 of receipt of the description required by paragraph (1) from the line 22 local agency if the proposed disposal of the land will violate this line 23 article.
line 24 (D) Review, adopt, amend, or repeal guidelines to establish line 25 uniform standards to implement this section. The guidelines line 26 adopted pursuant to this subdivision are not subject to Chapter 3.5 line 27 (commencing with Section 11340) of Part 1 of Division 3 of Title line 28 2. Prior to adopting, amending, or repealing guidelines, the line 29 department shall do all both of the following:
line 30 (i) Solicit public comments on the proposed guidelines for at line 31 least 30 days.
line 32 (ii) Consider and respond to public comments in writing. line 33 (E) Provide the local agency reasonable time, but not less than line 34 60 days, to respond to the findings before taking any other action line 35 authorized by this section.
line 36 (F) Provide the local agency an appeals process that is overseen line 37 by an independent trier of fact to overturn an adverse action taken line 38 by the department authorized by this section af fecting the local line 39 agency that is overseen by an independent trier of fact. agency. 97 — 20 — SB 747
line 1 (3) (A) The local agency shall consider findings made by the line 2 Department of Housing and Community De velopment pursuant line 3 to subparagraph (B) of paragraph (2) and shall do one of the line 4 following:
line 5 (i) Correct any issues identified by the Department of Housing line 6 and Community Development.
line 7 (ii) Provide written findings e xplaining the reason its process line 8 for disposing of surplus land complies with this article and line 9 addressing the Department of Housing and Community line 10 Development’s findings.
line 11 (B) If the local agency does not correct issues identified by the line 12 Department of Housing and Community De velopment, does not line 13 provide findings explaining the reason its process for disposing of line 14 surplus land complies with this article and addressing the line 15 Department of Housing and Community Development’s findings, line 16 or if the Department of Housing and Community De velopment line 17 finds that the local agenc y’s findings are deficient in addressing line 18 the issues identified by the Department of Housing and Community line 19 Development, the Department of Housing and Community line 20 Development shall notify the local agenc y, and may notify the line 21 Attorney General, that the local agency is in violation of this article. line 22 (c) The Department of Housing and Community Development line 23 shall implement the changes in this section made by the act adding line 24 this subdivision commencing on January 1, 2021. line 25 (d) Notwithstanding subdivision (c), this section shall not be line 26 construed to limit an y other remedies authorized under la w to line 27 enforce this article including public records act requests pursuant line 28 to Division 10 (commencing with Section 7920.000) of Title 1. line 29 SEC. 9. Section 54234 of the Government Code is amended line 30 to read:
line 31 54234. (a) (1) If a local agenc y, as of September 30, 2019, line 32 has entered into an e xclusive ne gotiating agreement or le gally line 33 binding agreement to dispose of property , the pro visions of this line 34 article as it e xisted on December 31, 2019, shall apply , without line 35 regard to the changes made to this article by Chapter 664 of the line 36 Statutes of 2019, and all subsequent amendments to this article, line 37 to the disposition of the property to the party that had entered into line 38 such agreement or its successors or assigns, pro vided the line 39 disposition is completed by either of the follo wing dates, as line 40 applicable:
97 SB 747 — 21 —
line 1 (A) December 31, 2022, unless either of the conditions described line 2 in subparagraph (B) apply.
line 3 (B) (i) December 31, 2024, if the property is located in a charter line 4 city with a population of over 2,000,000 persons and a local agency line 5 has an option agreement duly authorized by the local agenc y’s line 6 governing body to purchase the property from the former line 7 redevelopment agency.
line 8 (ii) December 31, 2025, if the property is located in a city or line 9 county which entered into a legally binding agreement to dispose line 10 of the property prior to September 30, 2019, and the transferee has line 11 exercised one or more unilateral e xtension options which were a line 12 component of the original agreement.
line 13 (2) If a local agenc y, as of September 30, 2019, has entered line 14 into an e xclusive ne gotiating agreement or le gally binding line 15 agreement to dispose of property related to the Metro North line 16 Hollywood Joint Development Project, the provisions of this article line 17 as it existed on December 31, 2019, shall apply, without regard to line 18 the changes made to this article by Chapter 664 of the Statutes of line 19 2019, and all subsequent amendments to this article, to the line 20 disposition of the property to the party that had entered into such line 21 agreement or its successors or assigns, provided the disposition is line 22 completed not later than December 31, 2024.
line 23 (3) If a local agenc y, as of September 30, 2019, has issued a line 24 competitive request for proposals for the development of property line 25 that includes at least 100 residential units and at least 25 percent line 26 of the total residential units are restricted to lo wer income line 27 households, as defined in Section 50079.5 of the Health and Safety line 28 Code, with an af fordable housing cost or an af fordable rent, as line 29 defined in Sections 50052.5 and 50053 of the Health and Safety line 30 Code, for a minimum of 55 years for rental housing and 45 years line 31 for ownership housing, the provisions of this article as it e xisted line 32 on December 31, 2019, shall apply, without regard to the changes line 33 made to this article by Chapter 664 of the Statutes of 2019, and line 34 all subsequent amendments to this article, to the disposition of the line 35 property to the party that participated in the competiti ve request line 36 for proposals process, or the party’s successors or assigns, provided line 37 a disposition and development agreement for the property is entered line 38 into not later than December 31, 2024. A joint de velopment line 39 involving multiple parcels shall meet the requirements of this line 40 paragraph so long as there w as a single competiti ve request for 97 — 22 — SB 747
line 1 proposals process and the joint de velopment otherwise meets all line 2 the requirements listed in this paragraph. A “disposition and line 3 development agreement” means an agreement between the line 4 developer and the local agency that binds the developer to construct line 5 a specific de velopment and the local agenc y to dispose of the line 6 property if permits and other entitlements for the project are line 7 obtained. This paragraph shall not apply to land held in the line 8 Community Rede velopment Property Trust Fund pursuant to line 9 Section 34191.4 of the Health and Safety Code, or that has been line 10 designated in a long-range property management plan pursuant to line 11 Section 34191.5 of the Health and Safety Code. If the property is line 12 not disposed of pursuant to a qualifying disposition and line 13 development agreement before March 31, 2026, or if no disposition line 14 and development agreement is entered into before December 31, line 15 2024, then future negotiations for and disposition of the property line 16 shall be subject to the provisions of this article. line 17 (4) The dates specified in paragraphs (1) to (3), inclusi ve, by line 18 which the disposition of property must be completed shall be line 19 extended if the disposition of property, the local agency’s right or line 20 ability to dispose of the property , or a de velopment project for line 21 which the property is proposed to be transferred, is the subject of line 22 judicial challenge, by petition for writ of mandate, complaint for line 23 declaratory relief or otherwise, to the date that is six months line 24 following the final conclusion of such litigation. line 25 (b) (1) With respect to land held in the Community line 26 Redevelopment Property Trust Fund pursuant to Section 34191.4 line 27 of the Health and Safety Code, or that has been designated in a line 28 long-range property management plan pursuant to Section 34191.5 line 29 of the Health and Safety Code, either for sale or retained for future line 30 development, this article as it e xisted on December 31, 2019, line 31 without regard to the changes made to this article by Chapter 664 line 32 of the Statutes of 2019, and all subsequent amendments to this line 33 article, which tak e effect on January 1, 2020, shall apply to the line 34 disposition of that property if both of the following apply:
line 35 (A) An e xclusive ne gotiating agreement or le gally binding line 36 agreement for disposition is entered into not later than December line 37 31, 2020.
line 38 (B) The disposition is completed not later than either of the line 39 following dates, as applicable:
97 SB 747 — 23 —
line 1 (i) December 31, 2022, unless the conditions described in clause line 2 (ii) or (iii) apply.
line 3 (ii) December 31, 2024, if the property is located in a charter line 4 city with a population of over 2,000,000 persons and a local agency line 5 has an option agreement duly authorized by the local agenc y’s line 6 governing body to purchase the property from the former line 7 redevelopment agency.
line 8 (iii) December 31, 2025, if the property is located in a city or line 9 county which entered into a legally binding agreement to dispose line 10 of the property prior to September 30, 2019, and the transferee has line 11 exercised one or more unilateral e xtension options which were a line 12 component of the original agreement.
line 13 (2) If land described in paragraph (1) is the subject of litigation, line 14 including, but not limited to, litigation challenging the disposition line 15 of such property, the right or ability to dispose of the property, or line 16 a development project for which such property is proposed to be line 17 transferred, the dates specified in paragraph (1) shall be extended line 18 to the date that is six months following the final conclusion of such line 19 litigation.
line 20 (c) Nothing in this section shall authorize or excuse any violation line 21 of the provisions of this article as it existed on December 31, 2019, line 22 in the disposition of any property to which such provisions apply line 23 pursuant to subdivision (a) or (b).
line 24 SEC. 10. If the Commission on State Mandates determines line 25 that this act contains costs mandated by the state, reimbursement line 26 to local agencies and school districts for those costs shall be made line 27 pursuant to Part 7 (commencing with Section 17500) of Division line 28 4 of Title 2 of the Government Code.
O
97 — 24 — SB 747
CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
TONY STRICKLAND
MAYOR
Fax 714.536.5233 Page 1 of 1 Office: 714.536.5553
May 3, 2023
The Honorable Anna Caballero
State Capitol, Ste. 7620
Sacramento, CA 95814
Dear Senator Caballero:
The City of Huntington Beach is pleased to SUPPORT Senate Bill 747, which contains much needed clarifications and reforms to the Surplus Land Act (SLA) and reaffirms the role of existing Economic Opportunity Law that is used by local agencies to acquire and dispose of property to improve economic opportunities for local residents.
The implementation of the SLA, including recent guidelines by t he Housing and Community Development Department, has created immense delays and difficulties for the City of Huntington Beach in dealing with the use of our properties to further housing and economic development goals in service of our residents. SB 747 addresses these concerns through an array of helpful changes and clarifications, provides for additional exceptions and definitions, and improves transparency and processes.
Additional clarification to reaffirm the use of Economic Opportunity Law as a post - redevelopment tool is greatly needed. The City of Huntington Beach appreciates the proposed reform and thanks you for your leadership in beginning to apply a sharper legislative focus on the application of the SLA. This will ensure that the administrati on of the law remains consistent with legislative intent and avoids unintended delays or conflicts with other laws and policy priorities the Legislature has enacted, including actions to support and further economic development.
For these reasons, the Cit y of Huntington Beach is pleased to s upport SB 747. Please feel free to contact me at (714) 536-5553, or [email protected], whenever needed.
Sincerely,
Tony Strickland
Mayor
Cc: Members, Senate Committee on Governance and Finance Gurbax Sahota, Chief Executive Officer, CALED