BILL NUMBER: AB 728	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Muratsuchi

                        FEBRUARY 21, 2013

   An act to amend Section 53094 of the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 53094 of the Government Code is amended to
read:
   53094.  (a) Notwithstanding any other provision of this article,
this article does not require a school district to comply with the
zoning ordinances of a county or city unless  the 
 both of the following occur: 
    (1)     The  zoning ordinance makes
provision for the location of public schools  and unless the
  . 
    (2)     The    city or county
has adopted a general plan.
   (b) Notwithstanding subdivision (a), the governing board of a
school district, that has complied with the requirements of Section
65352.2 of this code and Section 21151.2 of the Public Resources
Code, by a vote of two-thirds of its members, may render a city or
county zoning ordinance inapplicable to a proposed use of property by
the school district. The governing board of the school district may
not take this action when the proposed use of the property by the
school district is for nonclassroom facilities, including, but not
limited to, warehouses, administrative buildings, and automotive
storage and repair buildings.
   (c) The governing board of the school district shall, within 10
days, notify the city or county concerned of any action taken
pursuant to subdivision (b). If the governing board has taken such an
action, the city or county may commence an action in the superior
court of the county whose zoning ordinance is involved or in which is
situated the city whose zoning ordinance is involved, seeking a
review of the action of the governing board of the school district to
determine whether it was arbitrary and capricious. The city or
county shall cause a copy of the complaint to be served on the board.
If the court determines that the action was arbitrary and
capricious, it shall declare it to be of no force and effect, and the
zoning ordinance in question shall be applicable to the use of the
property by the school district.