AB 728, as introduced, Muratsuchi. Land use: school siting.
Existing law authorizes the governing board of a school district, by a 2⁄3 vote of its members, to render a city or county zoning ordinance inapplicable to a proposed use of school district property, except when the proposed use is for nonclassroom facilities.
This bill would make a technical, nonsubstantive change to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 53094 of the Government Code is
2amended to read:
(a) Notwithstanding any other provision of this article,
4this article does not require a school district to comply with the
5zoning ordinances of a county or city unlessbegin delete theend deletebegin insert both of the
6following occur:end insert
7begin insert(1)end insertbegin insert end insertbegin insertTheend insert zoning ordinance makes provision for the location of
8public schoolsbegin delete and unless theend deletebegin insert.end insert
9begin insert(2)end insertbegin insert end insertbegin insertTheend insertbegin insert end insertcity or county has adopted a general plan.
P2 1(b) Notwithstanding subdivision (a), the governing board of a
2school district, that has complied with the requirements of Section
365352.2 of
this code and Section 21151.2 of the Public Resources
4Code, by a vote of two-thirds of its members, may render a city
5or county zoning ordinance inapplicable to a proposed use of
6property by the school district. The governing board of the school
7district may not take this action when the proposed use of the
8property by the school district is for nonclassroom facilities,
9including, but not limited to, warehouses, administrative buildings,
10and automotive storage and repair buildings.
11(c) The governing board of the school district shall, within 10
12days, notify the city or county concerned of any action taken
13pursuant to subdivision (b). If the governing board has taken such
14an action, the city or county may commence an action in the
15superior court of the county whose zoning ordinance is involved
16or in which is situated the city whose zoning ordinance is involved,
17seeking a review of the action of the governing board of the school
18district to
determine whether it was arbitrary and capricious. The
19city or county shall cause a copy of the complaint to be served on
20the board. If the court determines that the action was arbitrary and
21capricious, it shall declare it to be of no force and effect, and the
22zoning ordinance in question shall be applicable to the use of the
23property by the school district.
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