SB 747 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 747	CA	2023	D	Affordable housing incentives and financing, Publicly-owned

Provided by Furman

Summary

SB 747 and AB 480 will each only become operative if both are enacted and become effective (both were enacted).
Both bills, for requirements for the disposal of surplus land owned by a local agency, define ‘dispose’ to include the sale of surplus land or the lease of surplus land for more than 15 years during which development or demolition will occur.
Existing law requires a local agency to declare land as either surplus land (subject to specific legal restrictions for disposal of these lands- including affordability requirements for the subsequent development of housing) or ‘exempt surplus land’
Both bills define ‘exempt surplus land’ to include:

Land transferred to a community land trust housing development;
Surplus land that is less than one-half acre in area and is not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes.
Land owned by a public-use airport on which residential uses are prohibited; and
Land owned by transportation agencies that is developed for commercial or industrial uses for the purpose or revenue generation, provided that the agency has an adopted land use plan or policy that designates at least 50% of the gross acreage for residential units (at least 10 units per gross acre), 25% are affordable to lower income households, and the agency disposes of the land through a competitive request for proposals.

Both bills require the Department of Housing and Community Development to maintain a list of all entities, including housing sponsors, that have indicated interest in surplus land for the purpose of developing low- and moderate-income housing.

Differentiate the time requirement for affordability of disposed surplus land based on occupancy. Clarifies that disposition laws will not prevent a local agency from obtaining fair market value for surplus land, will not limit a local agency’s authority or discretion to decide on land use matter for surplus land, and will not require a local agency to dispose of surplus land.
Remove an exemption from the Administrative Procedure Act for the Department of Housing and Community Development implementing standards for localities to make central inventory of all surplus land.
Make penalties for violations of disposition laws- not applicable to nonsubstantive violations/violations that do not affect the availability of affordable housing, or clerical errors.

Surplus land identified in a local agency’s plan for future roadway development.
A housing development, which may have ancillary commercial ground floor uses, that restricts 100 percent of the residential units to persons and families of low or moderate income, with at least 75 percent of the residential units restricted to lower income households.
A mixed-use development that is more than one acre in area, that includes not less than 300 residential units, and that restricts at least 25 percent of the residential units to lower income households
Surplus land that is subject to a valid legal restriction that is not imposed by the local agency and that makes housing prohibited, unless there is a feasible method to satisfactorily mitigate or avoid the prohibition on the site.
Surplus land that is a former military base that was conveyed by the federal government to a local agency
Adds to the definition of “agency’s use,” : Property owned by a port used to support logistics uses; Sites for broadband equipment or wireless facilities; Waste disposal sites.

Provided by lawmakers