AB 728,
as amended, Muratsuchi. Land use: schoolbegin delete siting.end deletebegin insert advertising displays.end insert
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 wouldbegin delete make a technical, nonsubstantive change to these provisionsend deletebegin insert authorize the governing board of a school district, by a end insertbegin insert2⁄3end insertbegin insert
vote of its members, to render a city or county zoning ordinance that applies to an advertising display inapplicable to nonclassroom facilities when specified conditions are metend insert.
Because the bill would impose additional duties on local planning officials, this bill would create a state-mandated local program.
end insertbegin insertThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end insertbegin insertThis 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 these statutory provisions.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
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 unless both of the following
6occur:
7(1) The zoning ordinance makes provision for the location of
8public schools.
9(2) The city or county has adopted a general plan.
10(b) Notwithstanding subdivision (a), the governing board of a
11school district, that has complied with the requirements of Section
1265352.2 of this code and Section 21151.2 of the Public Resources
13Code, by a
vote of two-thirds of its members, may render a city
14or county zoning ordinance inapplicable to a proposed use of
15property by the school district.begin delete Theend deletebegin insert Except when an advertising
16display is subject to a city or county zoning ordinance and the
17conditions of subdivision (d) are met, theend insert governing board of the
18school district may not take this action when the proposed use of
19the property by the school district is for nonclassroom facilities,
20including, but not limited to, warehouses, administrative buildings,
21and automotive storage and repair buildings.
22(c) The governing board of the school district shall, within 10
23days, notify the city or county concerned of any action taken
24pursuant to
subdivision (b). If the governing board has taken such
25an action, the city or county may commence an action in the
26superior court of the county whose zoning ordinance is involved
27or in which is situated the city whose zoning ordinance is involved,
28seeking a review of the action of the governing board of the school
29district to determine whether it was arbitrary and capricious. The
30city or county shall cause a copy of the complaint to be served on
31the board. If the court determines that the action was arbitrary and
32capricious, it shall declare it to be of no force and effect, and the
P3 1zoning ordinance in question shall be applicable to the use of the
2property by the school district.
3(d) (1) After the vote requirement of subdivision (b) and the
4notice requirement of
subdivision (c) are met, the governing board
5of a school district that intends to render a city or county zoning
6ordinance inapplicable to an advertising display on school district
7property used for nonclassroom facilities shall provide to the
8applicable city or county agency responsible for land use planning
9or zoning a notice of the school district’s intention to render the
10zoning ordinance inapplicable to this advertising display at least
1145 days before the zoning ordinance may be deemed to be
12inapplicable to it. If within this 45-day period, the city or county
13agency delivers a written request for a meeting to discuss the
14school district’s intention and plan, the school district shall
15schedule and conduct at least one meeting within 15 days of receipt
16of the written request and shall deliver a notice to the city or county
17agency that made the request of when the meeting is scheduled
18before the zoning ordinance may be deemed inapplicable. After
19the meeting is conducted, the governing board of the school
district
20may delay the date when the zoning ordinance becomes
21inapplicable to the advertising display on school district property
22used for nonclassroom facilities for not more than one year from
23the date of the meeting. If the delay extends beyond one year, the
24governing board shall provide an additional 45-day notice to the
25applicable city or county agency and, if a meeting is requested,
26conduct an additional meeting pursuant to this subdivision.
27(2) A school district that intends to render a zoning ordinance
28inapplicable to an advertising display shall comply with any other
29ordinance applicable to this display and shall develop and adopt
30a districtwide policy on the scope of content authorized for an
31advertising display on the school district property.
If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
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