BILL ANALYSIS Ó
AB 728
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Date of Hearing: April 3, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
AB 728 (Muratsuchi) - As Amended: March 19, 2013
[Note: This bill is doubled referred to the Assembly Committee
on Local Government and will be heard as it relates to issues
under its jurisdiction.]
SUBJECT : Land use: school advertising displays
SUMMARY : Authorizes the governing board of a school district
to render inapplicable a city or county zoning ordinance
governing specified advertising displays.
Specifically, this bill :
1)Allows an exemption from local zoning ordinances for
advertising displays on school district property used for
non-classroom facilities, if the school district governing
board:
a) Approves the action with a two-thirds vote;
b) Notifies the city or county agency at least 45 days
before the action is to take effect;
c) Schedules a meeting with the city or county agency
within 15 days of receipt of a written request, if the
agency requested such a meeting during the 45-day notice
period;
d) Complies with any other ordinance applicable to the
display; and
e) Develops and adopts a district wide policy on the scope
of content authorized for an advertising display on the
school district property.
2)Allows the governing board to delay the date when the zoning
ordinance becomes inapplicable for not more than one year
following the meeting with the city or county agency.
3)Requires the governing board to provide an additional 45-day
notice and conduct an additional meeting, if requested, if the
delay exceeds one year.
EXISTING LAW authorizes the governing board of a school
AB 728
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district, with a two-thirds vote, to render a city or county
zoning ordinance inapplicable to a proposed use of district
property for classroom facilities.
FISCAL EFFECT : Unknown
COMMENTS : Existing law authorizes school district governing
boards, with a two-thirds vote, to render local zoning and land
use ordinances inoperative for classroom facilities if the
governing board has satisfied specified notice and meeting
requirements. This bill extends this authority to the use of
non-classroom district facilities, such as warehouses and bus
garages, for advertising displays.
Arguments For. The bill is sponsored by the Los Angeles Unified
School District (LAUSD), which desires to place advertisements
on non-classroom facilities to generate revenue for the
district. Under existing law, the district needs to get
approval from the appropriate local agency, but this is
complicated by the fact that LAUSD encompasses 27 different
zoning and land use agencies. According to the author's
office, the district estimates it could generate up to $2.7
million per year in advertising revenue.
Existing law, the Outdoor Advertising Act, prohibits the display
on arenas and city property of advertisements for products or
services that are directed at an adult population, including,
but not limited to, alcohol, tobacco, gambling, or sexually
explicit material. Should the committee vote to pass this bill,
staff recommends this bill be amended to include this
prohibition for advertising displays on non-classroom school
district property.
Arguments Against . According to the League of California
Cities, this bill would take away local siting and land use
decisions from cities, and it interferes with the cities' goal
of meeting the concerns of the local community. In addition,
opponents argue that existing law already authorizes schools to
advertise using non-classroom facilities as long as the
governing school board complies with a city's or county's zoning
ordinance.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 728
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None received
Opposition
League of California Cities
Analysis Prepared by : Rick Pratt / ED. / (916) 319-2087