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| 1 | + | Amended IN Senate April 27, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 59Introduced by Senator MoorlachDecember 13, 2016 An act to add Section 14670.37 to the Government Code, relating to state property.LEGISLATIVE COUNSEL'S DIGESTSB 59, as amended, Moorlach. Fairview Developmental Center.Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals, referred to as developmental centers, for the provision of residential care to individuals with developmental disabilities, including the Fairview Developmental Center. Existing law requires the department, on or before October 1, 2015, to submit to the Legislature a plan or plans to close one or more developmental centers. Existing law authorizes the Director of General Services, with the consent of the State Department of Developmental Services, to lease up to 20 acres of property located within the grounds of the Fairview Developmental Center to a nonprofit corporation, as specified.This bill would require the contract for any sale or lease of the land known as the Fairview Developmental Center to include a provision requiring the use of that land to comply with the zoning ordinance in effect on January 1, 2018. conform to the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would provide the City of Costa Mesa and the County of Orange the right of first refusal on the purchase of the property, as specified. The bill would also require the use of that land to conform to any zoning ordinance applicable to the land on January 1, 2018, if the property is repurposed. The bill would additionally require, if the land is sold or repurposed, at least 25% of the land to be dedicated to homeless or mental health services. the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would additionally exempt the prohibit the development within the Fairview Developmental Center known as Shannons Mountain from a specified local zoning ordinance. Mountain, along with other uses, from being more than 25% of the Fairview Developmental Center.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 14670.37 is added to the Government Code, to read:14670.37. (a) (1) Notwithstanding any other law, if the Director of General Services sells or leases the land known as the Fairview Developmental Center, Center or any portion thereof, the contract for the sale or lease shall require the use to conform to the zoning ordinance applicable to that land on January 1, 2018. City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. The City of Costa Mesa shall have the right of first refusal before any sale may be made to another party. If the city refuses to purchase, the County of Orange shall have the right of first refusal before any sale may be made to another party. The city may exercise the right of first refusal for a purchase or lease in partnership with the County of Orange or any other private entity.(2) Notwithstanding any other law, if the Director of General Services, Services or the Director of Developmental Services repurposes the land known as the Fairview Developmental Center, Center or any portion thereof, the use of that land shall conform to the zoning ordinance applicable to that land on January 1, 2018. be subject to the City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code.(3)For any use after a sale or repurpose of the land pursuant to paragraph (1) or (2), at least 25 percent of the use shall be dedicated to homeless or mental health services.(b) The development within the Fairview Developmental Center known as Shannons Mountain shall be exempt from the provisions of the Ordinance to give the people of Costa Mesa control of their future otherwise known as Measure Y which was adopted by the voters of the City of Costa Mesa at the statewide general election held on November 8, 2016. Mountain, and any other use excluding single-family residential or park space, shall be no more than 25 percent of the Fairview Developmental Center. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate April 27, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 59Introduced by Senator MoorlachDecember 13, 2016 An act to add Section 14670.37 to the Government Code, relating to state property.LEGISLATIVE COUNSEL'S DIGESTSB 59, as amended, Moorlach. Fairview Developmental Center.Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals, referred to as developmental centers, for the provision of residential care to individuals with developmental disabilities, including the Fairview Developmental Center. Existing law requires the department, on or before October 1, 2015, to submit to the Legislature a plan or plans to close one or more developmental centers. Existing law authorizes the Director of General Services, with the consent of the State Department of Developmental Services, to lease up to 20 acres of property located within the grounds of the Fairview Developmental Center to a nonprofit corporation, as specified.This bill would require the contract for any sale or lease of the land known as the Fairview Developmental Center to include a provision requiring the use of that land to comply with the zoning ordinance in effect on January 1, 2018. conform to the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would provide the City of Costa Mesa and the County of Orange the right of first refusal on the purchase of the property, as specified. The bill would also require the use of that land to conform to any zoning ordinance applicable to the land on January 1, 2018, if the property is repurposed. The bill would additionally require, if the land is sold or repurposed, at least 25% of the land to be dedicated to homeless or mental health services. the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would additionally exempt the prohibit the development within the Fairview Developmental Center known as Shannons Mountain from a specified local zoning ordinance. Mountain, along with other uses, from being more than 25% of the Fairview Developmental Center.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate April 27, 2017 Amended IN Senate March 22, 2017 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate May 10, 2017 | |
| 8 | 7 | Amended IN Senate April 27, 2017 | |
| 9 | 8 | Amended IN Senate March 22, 2017 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Senate Bill No. 59 | |
| 14 | 13 | ||
| 15 | - | Introduced by Senator | |
| 14 | + | Introduced by Senator MoorlachDecember 13, 2016 | |
| 16 | 15 | ||
| 17 | - | Introduced by Senator Moorlach | |
| 16 | + | Introduced by Senator Moorlach | |
| 18 | 17 | December 13, 2016 | |
| 19 | 18 | ||
| 20 | 19 | An act to add Section 14670.37 to the Government Code, relating to state property. | |
| 21 | 20 | ||
| 22 | 21 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 22 | ||
| 24 | 23 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | SB 59, as amended, Moorlach. Fairview Developmental Center. | |
| 27 | 26 | ||
| 28 | - | Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals, referred to as developmental centers, for the provision of residential care to individuals with developmental disabilities, including the Fairview Developmental Center. Existing law requires the department, on or before October 1, 2015, to submit to the Legislature a plan or plans to close one or more developmental centers. Existing law authorizes the Director of General Services, with the consent of the State Department of Developmental Services, to lease up to 20 acres of property located within the grounds of the Fairview Developmental Center to a nonprofit corporation, as specified.This bill would require the contract for any sale or lease of the land known as the Fairview Developmental Center to include a provision requiring the use of that land to conform to the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would provide the City of Costa Mesa the right of first refusal on the purchase of the property, as specified. The bill would also require the use of that land to conform to the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would additionally prohibit the development within the Fairview Developmental Center known as Shannons Mountain, along with other uses, from being more than 25% of the Fairview Developmental Center. | |
| 27 | + | Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals, referred to as developmental centers, for the provision of residential care to individuals with developmental disabilities, including the Fairview Developmental Center. Existing law requires the department, on or before October 1, 2015, to submit to the Legislature a plan or plans to close one or more developmental centers. Existing law authorizes the Director of General Services, with the consent of the State Department of Developmental Services, to lease up to 20 acres of property located within the grounds of the Fairview Developmental Center to a nonprofit corporation, as specified.This bill would require the contract for any sale or lease of the land known as the Fairview Developmental Center to include a provision requiring the use of that land to comply with the zoning ordinance in effect on January 1, 2018. conform to the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would provide the City of Costa Mesa and the County of Orange the right of first refusal on the purchase of the property, as specified. The bill would also require the use of that land to conform to any zoning ordinance applicable to the land on January 1, 2018, if the property is repurposed. The bill would additionally require, if the land is sold or repurposed, at least 25% of the land to be dedicated to homeless or mental health services. the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would additionally exempt the prohibit the development within the Fairview Developmental Center known as Shannons Mountain from a specified local zoning ordinance. Mountain, along with other uses, from being more than 25% of the Fairview Developmental Center. | |
| 29 | 28 | ||
| 30 | 29 | Existing law vests in the State Department of Developmental Services jurisdiction over state hospitals, referred to as developmental centers, for the provision of residential care to individuals with developmental disabilities, including the Fairview Developmental Center. Existing law requires the department, on or before October 1, 2015, to submit to the Legislature a plan or plans to close one or more developmental centers. Existing law authorizes the Director of General Services, with the consent of the State Department of Developmental Services, to lease up to 20 acres of property located within the grounds of the Fairview Developmental Center to a nonprofit corporation, as specified. | |
| 31 | 30 | ||
| 32 | - | This bill would require the contract for any sale or lease of the land known as the Fairview Developmental Center to include a provision requiring the use of that land to conform to the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would provide the City of Costa Mesa the right of first refusal on the purchase of the property, as specified. The bill would also require the use of that land to conform to the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would additionally prohibit the development within the Fairview Developmental Center known as Shannons Mountain, along with other uses, from being more than 25% of the Fairview Developmental Center. | |
| 31 | + | This bill would require the contract for any sale or lease of the land known as the Fairview Developmental Center to include a provision requiring the use of that land to comply with the zoning ordinance in effect on January 1, 2018. conform to the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would provide the City of Costa Mesa and the County of Orange the right of first refusal on the purchase of the property, as specified. The bill would also require the use of that land to conform to any zoning ordinance applicable to the land on January 1, 2018, if the property is repurposed. The bill would additionally require, if the land is sold or repurposed, at least 25% of the land to be dedicated to homeless or mental health services. the City of Costa Mesa Planning, Zoning and Development Code, as specified. The bill would additionally exempt the prohibit the development within the Fairview Developmental Center known as Shannons Mountain from a specified local zoning ordinance. Mountain, along with other uses, from being more than 25% of the Fairview Developmental Center. | |
| 33 | 32 | ||
| 34 | 33 | ## Digest Key | |
| 35 | 34 | ||
| 36 | 35 | ## Bill Text | |
| 37 | 36 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 14670.37 is added to the Government Code, to read:14670.37. (a) | |
| 37 | + | The people of the State of California do enact as follows:SECTION 1. Section 14670.37 is added to the Government Code, to read:14670.37. (a) (1) Notwithstanding any other law, if the Director of General Services sells or leases the land known as the Fairview Developmental Center, Center or any portion thereof, the contract for the sale or lease shall require the use to conform to the zoning ordinance applicable to that land on January 1, 2018. City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. The City of Costa Mesa shall have the right of first refusal before any sale may be made to another party. If the city refuses to purchase, the County of Orange shall have the right of first refusal before any sale may be made to another party. The city may exercise the right of first refusal for a purchase or lease in partnership with the County of Orange or any other private entity.(2) Notwithstanding any other law, if the Director of General Services, Services or the Director of Developmental Services repurposes the land known as the Fairview Developmental Center, Center or any portion thereof, the use of that land shall conform to the zoning ordinance applicable to that land on January 1, 2018. be subject to the City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code.(3)For any use after a sale or repurpose of the land pursuant to paragraph (1) or (2), at least 25 percent of the use shall be dedicated to homeless or mental health services.(b) The development within the Fairview Developmental Center known as Shannons Mountain shall be exempt from the provisions of the Ordinance to give the people of Costa Mesa control of their future otherwise known as Measure Y which was adopted by the voters of the City of Costa Mesa at the statewide general election held on November 8, 2016. Mountain, and any other use excluding single-family residential or park space, shall be no more than 25 percent of the Fairview Developmental Center. | |
| 39 | 38 | ||
| 40 | 39 | The people of the State of California do enact as follows: | |
| 41 | 40 | ||
| 42 | 41 | ## The people of the State of California do enact as follows: | |
| 43 | 42 | ||
| 44 | - | SECTION 1. Section 14670.37 is added to the Government Code, to read:14670.37. (a) | |
| 43 | + | SECTION 1. Section 14670.37 is added to the Government Code, to read:14670.37. (a) (1) Notwithstanding any other law, if the Director of General Services sells or leases the land known as the Fairview Developmental Center, Center or any portion thereof, the contract for the sale or lease shall require the use to conform to the zoning ordinance applicable to that land on January 1, 2018. City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. The City of Costa Mesa shall have the right of first refusal before any sale may be made to another party. If the city refuses to purchase, the County of Orange shall have the right of first refusal before any sale may be made to another party. The city may exercise the right of first refusal for a purchase or lease in partnership with the County of Orange or any other private entity.(2) Notwithstanding any other law, if the Director of General Services, Services or the Director of Developmental Services repurposes the land known as the Fairview Developmental Center, Center or any portion thereof, the use of that land shall conform to the zoning ordinance applicable to that land on January 1, 2018. be subject to the City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code.(3)For any use after a sale or repurpose of the land pursuant to paragraph (1) or (2), at least 25 percent of the use shall be dedicated to homeless or mental health services.(b) The development within the Fairview Developmental Center known as Shannons Mountain shall be exempt from the provisions of the Ordinance to give the people of Costa Mesa control of their future otherwise known as Measure Y which was adopted by the voters of the City of Costa Mesa at the statewide general election held on November 8, 2016. Mountain, and any other use excluding single-family residential or park space, shall be no more than 25 percent of the Fairview Developmental Center. | |
| 45 | 44 | ||
| 46 | 45 | SECTION 1. Section 14670.37 is added to the Government Code, to read: | |
| 47 | 46 | ||
| 48 | 47 | ### SECTION 1. | |
| 49 | 48 | ||
| 50 | - | 14670.37. (a) | |
| 49 | + | 14670.37. (a) (1) Notwithstanding any other law, if the Director of General Services sells or leases the land known as the Fairview Developmental Center, Center or any portion thereof, the contract for the sale or lease shall require the use to conform to the zoning ordinance applicable to that land on January 1, 2018. City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. The City of Costa Mesa shall have the right of first refusal before any sale may be made to another party. If the city refuses to purchase, the County of Orange shall have the right of first refusal before any sale may be made to another party. The city may exercise the right of first refusal for a purchase or lease in partnership with the County of Orange or any other private entity.(2) Notwithstanding any other law, if the Director of General Services, Services or the Director of Developmental Services repurposes the land known as the Fairview Developmental Center, Center or any portion thereof, the use of that land shall conform to the zoning ordinance applicable to that land on January 1, 2018. be subject to the City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code.(3)For any use after a sale or repurpose of the land pursuant to paragraph (1) or (2), at least 25 percent of the use shall be dedicated to homeless or mental health services.(b) The development within the Fairview Developmental Center known as Shannons Mountain shall be exempt from the provisions of the Ordinance to give the people of Costa Mesa control of their future otherwise known as Measure Y which was adopted by the voters of the City of Costa Mesa at the statewide general election held on November 8, 2016. Mountain, and any other use excluding single-family residential or park space, shall be no more than 25 percent of the Fairview Developmental Center. | |
| 51 | 50 | ||
| 52 | - | 14670.37. (a) | |
| 51 | + | 14670.37. (a) (1) Notwithstanding any other law, if the Director of General Services sells or leases the land known as the Fairview Developmental Center, Center or any portion thereof, the contract for the sale or lease shall require the use to conform to the zoning ordinance applicable to that land on January 1, 2018. City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. The City of Costa Mesa shall have the right of first refusal before any sale may be made to another party. If the city refuses to purchase, the County of Orange shall have the right of first refusal before any sale may be made to another party. The city may exercise the right of first refusal for a purchase or lease in partnership with the County of Orange or any other private entity.(2) Notwithstanding any other law, if the Director of General Services, Services or the Director of Developmental Services repurposes the land known as the Fairview Developmental Center, Center or any portion thereof, the use of that land shall conform to the zoning ordinance applicable to that land on January 1, 2018. be subject to the City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code.(3)For any use after a sale or repurpose of the land pursuant to paragraph (1) or (2), at least 25 percent of the use shall be dedicated to homeless or mental health services.(b) The development within the Fairview Developmental Center known as Shannons Mountain shall be exempt from the provisions of the Ordinance to give the people of Costa Mesa control of their future otherwise known as Measure Y which was adopted by the voters of the City of Costa Mesa at the statewide general election held on November 8, 2016. Mountain, and any other use excluding single-family residential or park space, shall be no more than 25 percent of the Fairview Developmental Center. | |
| 53 | 52 | ||
| 54 | - | 14670.37. (a) | |
| 53 | + | 14670.37. (a) (1) Notwithstanding any other law, if the Director of General Services sells or leases the land known as the Fairview Developmental Center, Center or any portion thereof, the contract for the sale or lease shall require the use to conform to the zoning ordinance applicable to that land on January 1, 2018. City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. The City of Costa Mesa shall have the right of first refusal before any sale may be made to another party. If the city refuses to purchase, the County of Orange shall have the right of first refusal before any sale may be made to another party. The city may exercise the right of first refusal for a purchase or lease in partnership with the County of Orange or any other private entity.(2) Notwithstanding any other law, if the Director of General Services, Services or the Director of Developmental Services repurposes the land known as the Fairview Developmental Center, Center or any portion thereof, the use of that land shall conform to the zoning ordinance applicable to that land on January 1, 2018. be subject to the City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code.(3)For any use after a sale or repurpose of the land pursuant to paragraph (1) or (2), at least 25 percent of the use shall be dedicated to homeless or mental health services.(b) The development within the Fairview Developmental Center known as Shannons Mountain shall be exempt from the provisions of the Ordinance to give the people of Costa Mesa control of their future otherwise known as Measure Y which was adopted by the voters of the City of Costa Mesa at the statewide general election held on November 8, 2016. Mountain, and any other use excluding single-family residential or park space, shall be no more than 25 percent of the Fairview Developmental Center. | |
| 55 | 54 | ||
| 56 | 55 | ||
| 57 | 56 | ||
| 58 | - | 14670.37. (a) | |
| 57 | + | 14670.37. (a) (1) Notwithstanding any other law, if the Director of General Services sells or leases the land known as the Fairview Developmental Center, Center or any portion thereof, the contract for the sale or lease shall require the use to conform to the zoning ordinance applicable to that land on January 1, 2018. City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. The City of Costa Mesa shall have the right of first refusal before any sale may be made to another party. If the city refuses to purchase, the County of Orange shall have the right of first refusal before any sale may be made to another party. The city may exercise the right of first refusal for a purchase or lease in partnership with the County of Orange or any other private entity. | |
| 59 | 58 | ||
| 60 | - | (b) The Department of General Services and the State Department of Developmental Services shall meet and confer with the City of Costa Mesa and the County of Orange throughout the transition process for any future use of the property. | |
| 59 | + | (2) Notwithstanding any other law, if the Director of General Services, Services or the Director of Developmental Services repurposes the land known as the Fairview Developmental Center, Center or any portion thereof, the use of that land shall conform to the zoning ordinance applicable to that land on January 1, 2018. be subject to the City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. | |
| 60 | + | ||
| 61 | + | (3)For any use after a sale or repurpose of the land pursuant to paragraph (1) or (2), at least 25 percent of the use shall be dedicated to homeless or mental health services. | |
| 61 | 62 | ||
| 62 | 63 | ||
| 63 | 64 | ||
| 64 | - | ||
| 65 | - | ||
| 66 | - | (a)(1)Notwithstanding any other law, if the Director of General Services sells or leases the land known as the Fairview Developmental Center or any portion thereof, the contract for the sale or lease shall require the use to conform to the City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. The City of Costa Mesa shall have the right of first refusal before any sale may be made to another party. The city may exercise the right of first refusal for a purchase or lease in partnership with the County of Orange or any other private entity. | |
| 67 | - | ||
| 68 | - | ||
| 69 | - | ||
| 70 | - | (2)Notwithstanding any other law, if the Director of General Services or the Director of Developmental Services repurposes the land known as the Fairview Developmental Center or any portion thereof, the use of that land shall be subject to the City of Costa Mesa Planning, Zoning and Development Code and shall require a master plan pursuant to Section 13-56 of that code. | |
| 71 | - | ||
| 72 | - | ||
| 73 | - | ||
| 74 | - | (b)The development within the Fairview Developmental Center known as Shannons Mountain, and any other use excluding single-family residential or park space, shall be no more than 25 percent of the Fairview Developmental Center. | |
| 65 | + | (b) The development within the Fairview Developmental Center known as Shannons Mountain shall be exempt from the provisions of the Ordinance to give the people of Costa Mesa control of their future otherwise known as Measure Y which was adopted by the voters of the City of Costa Mesa at the statewide general election held on November 8, 2016. Mountain, and any other use excluding single-family residential or park space, shall be no more than 25 percent of the Fairview Developmental Center. |