BILL NUMBER: AB 1344	INTRODUCED
	BILL TEXT


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 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 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:

  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  or county office
of education  to comply with the zoning ordinances of a county
or city unless  the   both of the following have
occurred: 
    (1)     The  zoning ordinance makes
provision for the location of public  schools and unless the
  schools. 
    (2)     The city or county has adopted
a general plan.
   (b) Notwithstanding subdivision (a), the governing board of a
school  district,   district or county office of
education,  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.   district or county
office of education.  The governing board of the school district
 or county office of education  may not take this action
when the proposed use of the property by the school district  or
county office of education  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  or county
office of education  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   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 of the school
district  or county office of   education  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  or county office of education  .
  SEC. 2.  Section 53097.3 of the Government Code is repealed.

   53097.3.  Notwithstanding any other provision of this article, no
school district may render a city or county ordinance inapplicable to
a charter school facility pursuant to this article, unless the
facility is physically located within the geographical jurisdiction
of that school district. 
  SEC. 3.  Section 53097.3 is added to the Government Code, to read:
   53097.3.  (a) Notwithstanding any other provision of this article,
a school district or county office of education shall not render a
city or county ordinance inapplicable to a charter school facility
pursuant to this article, unless the facility is physically located
within the geographical jurisdiction of that school district or
county office of education.
   (b) When a charter school facility is physically located within
the geographic jurisdiction of a school district, the charter school
may 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 only to the same extent to which the
school district may render the zoning ordinance inapplicable to a use
of property by the school district pursuant to Section 53094. Along
with the written request, a school district may require the charter
school to provide the school district with any or all of the
following:
   (1) The address of the charter school facility or documentary
evidence that the charter school facility is located within the
geographic jurisdiction of the school district.
   (2) A deed, purchase agreement, lease, or similar contractual
document to establish that the charter school has control over the
charter school facility.
   (3) Payment of a reasonable fee not to exceed five hundred dollars
($500) to process the written request.
   (c) If the requirements of subdivision (b) are met, the school
district shall, within 60 days of receiving the written request and,
if required, other items described in subdivision (b), notify the
city or county concerned in writing that the school district has
rendered a city or county ordinance inapplicable to a charter school
facility that is physically located within the geographical
jurisdiction of the school district.
   (d) If the school district does not provide the notice of
inapplicability within 60 days pursuant to subdivision (c) and the
charter school facility is physically located within the geographic
jurisdiction of a county office of education, the charter school may
request this county office of education to provide the notice of
inapplicability to the city or county concerned. If, after receiving
this request, the county office of education does not provide the
notice of inapplicability within 30 days of the request, the charter
school may file an appeal with the State Board of Education.
Notwithstanding any other provision of law, upon receipt of the
appeal, the State Board of Education shall notify the city or county
concerned of the inapplicability of the city or county ordinance to
the charter school facility.
   (e) A charter school that makes a written request to render a city
or county zoning ordinance inapplicable to the proposed use of a
facility shall not be required to make any warranties, except that
the facility will be used for classrooms and is in the jurisdiction
of the school district or county office of education or provide
indemnification, bonds, insurance coverage, or any other type of
financial assurance as a condition for rendering an ordinance
inapplicable to a charter school facility.
  SEC. 4.  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.