BILL NUMBER: AB 728	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 19, 2013

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 amended, Muratsuchi. Land use: school  siting.
  advertising displays. 
   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   authorize the governing board of a
school district, by a   2/3   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 met  . 
   Because the bill would impose additional duties on local planning
officials, this bill would create a state-mandated local program.
 
   The 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.  
   This 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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 both of the following
occur:
   (1) The zoning ordinance makes provision for the location of
public schools.
   (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   Except when an
advertising display is subject to a city or county zoning ordinance
and the conditions of subdivision (d) are met, 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. 
   (d) (1) After the vote requirement of subdivision (b) and the
notice requirement of subdivision (c) are met, the governing board of
a school district that intends to render a city or county zoning
ordinance inapplicable to an advertising display on school district
property used for nonclassroom facilities shall provide to the
applicable city or county agency responsible for land use planning or
zoning a notice of the school district's intention to render the
zoning ordinance inapplicable to this advertising display at least 45
days before the zoning ordinance may be deemed to be inapplicable to
it. If within this 45-day period, the city or county agency delivers
a written request for a meeting to discuss the school district's
intention and plan, the school district shall schedule and conduct at
least one meeting within 15 days of receipt of the written request
and shall deliver a notice to the city or county agency that made the
request of when the meeting is scheduled before the zoning ordinance
may be deemed inapplicable. After the meeting is conducted, the
governing board of the school district may delay the date when the
zoning ordinance becomes inapplicable to the advertising display on
school district property used for nonclassroom facilities for not
more than one year from the date of the meeting. If the delay extends
beyond one year, the governing board shall provide an additional
45-day notice to the applicable city or county agency and, if a
meeting is requested, conduct an additional meeting pursuant to this
subdivision.  
   (2) A school district that intends to render a zoning ordinance
inapplicable to an advertising display shall comply with any other
ordinance applicable to this display and shall develop and adopt a
districtwide policy on the scope of content authorized for an
advertising display on the school district property.  
  SEC. 2.    If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.