BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 26|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 26
Author: Correa (D)
Amended: 6/17/14
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 78-0, 8/14/14 (Consent) - See last page for
vote
SUBJECT : Orange County Water District: land use
SOURCE : City of Anaheim
DIGEST : This bill requires the Orange County Water District
(OCWD), in the development of property that OCWD owns that is
within the boundaries of a city, to give notice of its intent to
that city, and hold a public hearing in certain instances.
Assembly Amendments delete the Senate version of this bill
relating to slate mailers and instead make changes to the OCWD
Act regarding the development of OCWD property located within
city boundaries.
ANALYSIS :
Existing law:
1.Creates the OCWD Act and prescribes its powers and duties and
boundaries, consisting of specified lands in the County of
CONTINUED
SB 26
Page
2
Orange, including the Cities of Anaheim, Fullerton, and Santa
Ana.
2.Authorizes OCWD to perform actions useful or necessary to
replenish the underground water basin with the OCWD, or to
augment and protect the quality of the common water supplies
of the OCWD.
3.Specifies, in OCWD's Act, that the legal title to all property
acquired under the provisions of the OCWD Act shall
immediately and by operation of law vest in said district, and
shall be held by said district, in trust for, and is hereby
dedicated and set apart to, the uses and purposes set forth in
the OCWD Act. The board of directors is hereby authorized and
empowered to hold, use, acquire, manage, occupy and possess
said property, as herein provided; and said board of directors
may determine, by resolution duly entered in their minutes
that any property, real or personal, held by said district is
no longer necessary to be retained for the uses and purposes
thereof, and may thereafter sell or otherwise dispose of said
property.
4.Provides, in existing law, for the regulation of local
agencies by cities and counties, as follows:
A. Each local agency shall comply with all applicable
building ordinances and zoning ordinances of the county or
city in which the territory of the local agency is
situated.
B. Each local agency required to comply with building
ordinances and zoning ordinances and each school district
whose school buildings are inspected by a county or city
pursuant to existing law shall be subject to the applicable
ordinances of a county or city requiring the payment of
fees, but the amount of those fees charged to a local
agency or school district shall not exceed the amount
charged under the ordinance to nongovernmental agencies for
the same services or permits.
C. Building ordinances of a county or city shall not apply
to the location of construction of facilities for the
production, generation, storage, treatment, or transmission
of water, wastewater, or electrical energy by a local
CONTINUED
SB 26
Page
3
agency.
D. Zoning ordinances of a county or city shall not apply to
the location or construction of facilities for the
production, generation, storage, treatment, or transmission
of water, or for the production or generation of electrical
energy, facilities that are subject to Section 12808.5 of
the Public Utilities Code, or electrical substations in an
electrical transmission system that receives electricity at
less than 100,000 volts. Zoning ordinances of a county or
city shall apply to the location of construction of
facilities for the storage or transmission of electrical
energy by a local agency, if the zoning ordinances make
provision for those facilities.
1.Allows the governing board of a local agency, by vote of
four-fifths of its members, to render a city or county zoning
ordinance inapplicable to a proposed use of property if the
local agency at a noticed public hearing determines by
resolution that there is no feasible alternative to its
proposal.
2.Provides that the governing board may not render a zoning
ordinance inapplicable to a proposed use of property when the
proposed use of the property by the local agency is for
facilities not related to storage or transmission of water or
electrical energy, including, but not limited to, warehouses,
administrative buildings or automotive storage and repair
buildings.
3.Requires the governing board, within 10 days, to notify the
city or county, whose zoning ordinance has been rendered
inapplicable, of its action, and specifies, if the governing
board has taken this 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 to determine whether it was supported
by substantial evidence.
This bill:
1.Clarifies, by adding to OCWD's Act, that provisions of
existing law related to the regulation of local agencies by
CONTINUED
SB 26
Page
4
counties and cities shall apply to any property owned by OCWD.
2.Requires OCWD to provide notice of intent to develop real
property owned by OCWD that is located within the boundaries
of a city, to the planning agency of that city, at least 30
days in advance of any action to approve the development by
OCWD's board.
3.Requires, for the location or construction of a facility as
specified in Government Code 53091 (e) that is proposed to be
located in the boundaries of a city, that OCWD conduct at
least one public meeting in that city.
4.Declares the intent of the Legislature that OCWD adopt a
policy to address the process for development of property
owned by the district that is located within the boundaries of
a city, with the following goals:
A. To clarify, by amending the OCWD's Act, that provisions
of existing law related to the regulation of local agencies
by counties and cities contained in the Government Code
apply to any property owned by OCWD;
B. To foster greater collaboration between OCWD and a city
on the development of real property owned by OCWD located
within the boundaries of that city; and
C. To provide increased transparency to the community in
land use decisions with respect to the development of real
property owned by OCWD located within the boundaries of a
city.
1.Finds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution
because of the unique parcels of land in the County of Orange
and the need to ensure that development of real property by
OCWD not subject to local planning and zoning ordinances is
open to public scrutiny.
Background
The OCWD Act was formed in 1933 by the Legislature to protect
Orange County's rights to water in the Santa Ana River. OCWD's
CONTINUED
SB 26
Page
5
primary responsibility is managing the vast groundwater basin
under northern and central Orange County that supplies water to
more than 20 cities and water agencies, serving more than 2.3
million Orange County residents.
Existing law addresses the regulation of local agencies
(including special districts) by counties and cities, and in
general, requires each local agency to comply with all
applicable building ordinances and zoning ordinances of the
county or city in which the territory of the local agency is
situated. However, there are some exceptions to this general
policy. Existing law specifies that building ordinances of a
county or city shall not apply to the location or construction
of facilities for the production, generation, storage,
treatment, or transmission of water, wastewater, or electrical
energy by a local energy. Existing law also says that zoning
ordinances of a county or city shall not apply to the location
or construction of facilities for the production, generation,
storage, treatment, or transmission of water, certain specified
facilities, or electrical substations in an electrical
transmission system that receives electricity at less than
100,000 volts.
This same section of law allows the governing board of a local
agency, by a four-fifths vote of its members, to render a city
or county zoning ordinance inapplicable to a proposed use of
property if the local agency, at a noticed public hearing,
determines by resolution that there is no feasible alternative
to its proposal. However, the governing board may not render a
zoning ordinance inapplicable to a proposed use of property when
it is for facilities not related to storage or transmission of
water or electoral energy, including, but not limited to,
warehouses, administrative buildings or automotive storage and
repair buildings.
If the governing board of a local agency renders a city or
county zoning ordinance applicable in this manner, the board is
required to notify the city or county within 10 days. Once the
governing body has taken this action, the city or county can
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, and seek a review of the
action of the governing board to determine whether it was
supported by substantial evidence.
CONTINUED
SB 26
Page
6
In general, this section of law means that if a special district
owns property within the boundaries of a city or county, that
that special district must comply with how the city or county
has that land or property zoned. However, city zoning
ordinances do not apply to the location or construction of
facilities related to energy production or generation, as
specified, or to the production, generation, storage, treatment,
or transmission of water, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, potentially
reimbursable costs of approximately $7,000 (General Fund), each
time the OCWD conducts a public meeting regarding a facility
that is exempt from local zoning ordinances. This includes
costs for notices, facilities, translations services and
devices, printed handout materials, staff and consultant time
and other miscellaneous costs. It is unknown how often, but
anticipated to be infrequent, that the OCWD would be required to
hold a public meeting under this bill.
SUPPORT : (Verified 8/14/14)
City of Anaheim (source)
ARGUMENTS IN SUPPORT : According to the author, "Last year,
the OCWD sought to develop property in the City of Anaheim in a
way that was inconsistent with the City's planning ordinances.
The OCWD currently owns 20 acres of land near Ball Road and the
57 Freeway, in an area called the Ball Road Basin. OCWD entered
into a long-term lease agreement with a private power firm for
the potential development of a 300-600 megawatt private power
plant.
"Despite significant opposition from the surrounding community,
business groups in the area, and state and local leaders, OCWD
moved forward with an expedited process to allow development.
In response to this decision, the Cities of Anaheim and
Fullerton adopted Council Resolutions that called on
governmental agencies, such as OCWD, to fully comply with the
respective city's zoning and planning requirements, especially
in cases when a proposed development would have significant
CONTINUED
SB 26
Page
7
environmental impacts.
ASSEMBLY FLOOR : 78-0, 8/14/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V.
Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas,
Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron,
Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Roger Hernández, Vacancy
AB:e 8/15/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED