California Legislature—2015–16 Regular Session

Assembly BillNo. 1344


Introduced by Assembly Member Jones

February 27, 2015


An act to amend Section 53094 of, and to repeal and add Section 53097.3 of, the Government Code, relating to zoning ordinances.

LEGISLATIVE COUNSEL’S DIGEST

AB 1344, as introduced, Jones. County office of education: charter schools.

(1) Existing law authorizes the governing board of a school district, by a 23 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 extend this authorization to the governing board of a county office of education.

(2) Existing law prohibits a school district from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school facility is physically located within the geographic jurisdiction of the school district.

This bill would also prohibit a county office of education from rendering a city or county ordinance inapplicable to a charter school facility, unless the charter school is physically located within the geographic jurisdiction of the county office of education. The bill would authorize, when a charter school facility is physically located within the geographic jurisdiction of a school district, a charter school to make a written request for this school district to render a city or county zoning ordinance inapplicable to a proposed use of the facility by the charter school, as specified. The bill would authorize the school district to require specified documentation and payment of a reasonable fee along with this request. The bill would require the school district to notify the city or county concerned that the school district has taken this action. The bill would authorize the charter school to request a county office of education to provide the notice if the school district does not within a specified time period. The bill would also authorize the charter school, if the county office of education does not provide the notice within a specified time period, to file an appeal with the State Board of Education, which would be required to notify the city or county concerned of the inapplicability of the city or county ordinance to the charter school facility. By increasing the duties of local officials, this bill would impose 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: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 53094 of the Government Code is
2amended to read:

3

53094.  

(a) Notwithstanding any other provision of this article,
4this article does not require a school districtbegin insert or county office of
5educationend insert
to comply with the zoning ordinances of a county or
6city unlessbegin delete theend deletebegin insert both of the following have occurred:end insert

7begin insert(1)end insertbegin insertend insertbegin insertTheend insert zoning ordinance makes provision for the location of
8publicbegin delete schools and unless theend deletebegin insert schools.end insert

9begin insert(2)end insertbegin insertend insertbegin insertTheend insert city or county has adopted a general plan.

10(b) Notwithstanding subdivision (a), the governing board of a
11schoolbegin delete district,end deletebegin insert district or county office of education,end insert that has
12complied with the requirements of Section 65352.2 of this code
13and Section 21151.2 of the Public Resources Code, by a vote of
14two-thirds of its members, may render a city or county zoning
15ordinance inapplicable to a proposed use of property by the school
16begin delete district.end deletebegin insert district or county office of education.end insert The governing board
P3    1of the school districtbegin insert or county office of educationend insert may not take
2this action when the proposed use of the property by the school
3districtbegin insert or county office of educationend insert is for nonclassroom facilities,
4including, but not limited to, warehouses, administrative buildings,
5and automotive storage and repair buildings.

6(c) The governing board of the school districtbegin insert or county office
7of educationend insert
shall, within 10 days, notify the city or county
8concerned of any action taken pursuant to subdivision (b). If the
9governing board has takenbegin delete such anend deletebegin insert thisend insert action, the city or county
10may commence an action in the superior court of the county whose
11zoning ordinance is involved or in which is situated the city whose
12zoning ordinance is involved, seeking a review of the action of the
13governing board of the school districtbegin insert or county office of educationend insert
14 to determine whether it was arbitrary and capricious. The city or
15county shall cause a copy of the complaint to be served on the
16board. If the court determines that the action was arbitrary and
17capricious, it shall declare it to be of no force and effect, and the
18zoning ordinance in question shall be applicable to the use of the
19property by the school districtbegin insert or county office of educationend insert.

20

SEC. 2.  

Section 53097.3 of the Government Code is repealed.

begin delete
21

53097.3.  

Notwithstanding any other provision of this article,
22no school district may render a city or county ordinance
23inapplicable to a charter school facility pursuant to this article,
24unless the facility is physically located within the geographical
25jurisdiction of that school district.

end delete
26

SEC. 3.  

Section 53097.3 is added to the Government Code, to
27read:

28

53097.3.  

(a) Notwithstanding any other provision of this
29article, a school district or county office of education shall not
30render a city or county ordinance inapplicable to a charter school
31facility pursuant to this article, unless the facility is physically
32located within the geographical jurisdiction of that school district
33or county office of education.

34(b) When a charter school facility is physically located within
35the geographic jurisdiction of a school district, the charter school
36may make a written request for this school district to render a city
37or county zoning ordinance inapplicable to a proposed use of the
38facility by the charter school only to the same extent to which the
39school district may render the zoning ordinance inapplicable to a
40 use of property by the school district pursuant to Section 53094.
P4    1Along with the written request, a school district may require the
2charter school to provide the school district with any or all of the
3following:

4(1) The address of the charter school facility or documentary
5evidence that the charter school facility is located within the
6geographic jurisdiction of the school district.

7(2) A deed, purchase agreement, lease, or similar contractual
8document to establish that the charter school has control over the
9charter school facility.

10(3) Payment of a reasonable fee not to exceed five hundred
11dollars ($500) to process the written request.

12(c) If the requirements of subdivision (b) are met, the school
13district shall, within 60 days of receiving the written request and,
14if required, other items described in subdivision (b), notify the city
15or county concerned in writing that the school district has rendered
16a city or county ordinance inapplicable to a charter school facility
17that is physically located within the geographical jurisdiction of
18the school district.

19(d) If the school district does not provide the notice of
20inapplicability within 60 days pursuant to subdivision (c) and the
21charter school facility is physically located within the geographic
22jurisdiction of a county office of education, the charter school may
23request this county office of education to provide the notice of
24inapplicability to the city or county concerned. If, after receiving
25this request, the county office of education does not provide the
26notice of inapplicability within 30 days of the request, the charter
27school may file an appeal with the State Board of Education.
28Notwithstanding any other provision of law, upon receipt of the
29appeal, the State Board of Education shall notify the city or county
30concerned of the inapplicability of the city or county ordinance to
31the charter school facility.

32(e) A charter school that makes a written request to render a
33city or county zoning ordinance inapplicable to the proposed use
34of a facility shall not be required to make any warranties, except
35that the facility will be used for classrooms and is in the jurisdiction
36of the school district or county office of education or provide
37indemnification, bonds, insurance coverage, or any other type of
38financial assurance as a condition for rendering an ordinance
39inapplicable to a charter school facility.

P5    1

SEC. 4.  

If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.



O

    99