AB 1344, as amended, 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 districtbegin insert or county office of educationend insert, a charter school to make a written request for this school districtbegin insert or county office of educationend insert 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 districtbegin insert or county office of educationend insert to require specified documentation and payment of a reasonable fee along with this request. The bill would require the school districtbegin insert or county office of educationend insert to notify the city or county concerned that the school districtbegin insert or county office of educationend insert 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 53094 of the Government Code is
2amended to read:
(a) Notwithstanding any other provision of this article,
4this article does not require a school district or county office of
5education to comply with the zoning ordinances of a county or
6city unless both of the following have occurred:
7(1) The zoning ordinance makes provision for the location of
8public schools.
9(2) The city or county has adopted a general plan.
10(b) Notwithstanding subdivision (a), the governing board of a
11school district or county office of education, that has complied
12with the requirements of Section 65352.2 of this
code and Section
1321151.2 of the Public Resources Code, by a vote of two-thirds of
P3 1its members, may render a city or county zoning ordinance
2inapplicable to a proposed use of property by the school district
3or county office of education. The governing board of the school
4district or county office of education may not take this action when
5the proposed use of the property by the school district or county
6office of education is for nonclassroom facilities, including, but
7not limited to, warehouses, administrative buildings, and
8automotive storage and repair buildings.
9(c) The governing board of the school district or county office
10of education shall, within 10 days, notify the city or county
11concerned of any action taken pursuant to subdivision (b). If the
12governing board has taken this action, the city or county may
13commence an action in
the superior court of the county whose
14zoning ordinance is involved or in which is situated the city whose
15zoning ordinance is involved, seeking a review of the action of the
16governing board of the school district or county office of education
17to determine whether it was arbitrary and capricious. The city or
18county shall cause a copy of the complaint to be served on the
19board. If the court determines that the action was arbitrary and
20capricious, it shall declare it to be of no force and effect, and the
21zoning ordinance in question shall be applicable to the use of the
22property by the school district or county office of education.
Section 53097.3 of the Government Code is repealed.
Section 53097.3 is added to the Government Code, to
25read:
(a) Notwithstanding any other provision of this
27article, a school district or county office of education shall not
28render a city or county ordinance inapplicable to a charter school
29facility pursuant to this article, unless the facility is physically
30located within the geographical jurisdiction of that school district
31or county office of education.
32(b) When a charter school facility is physically located within
33the geographic jurisdiction of a school districtbegin insert or county office of
34educationend insert, the charter school may make a written request for this
35school districtbegin insert
or county office of educationend insert to render a city or
36county zoning ordinance inapplicable to a proposed use of the
37facility by the charter school only to the same extent to whichbegin delete theend delete
38begin insert aend insert school district may render the zoning ordinance inapplicable to
39a
use of property by the school district pursuant to Section 53094.
40begin insert The notice of inapplicability of a zoning ordinance to a charter
P4 1school facility shall not exempt a charter school facility that is
2otherwise subject to compliance with the California Building
3Standards Code pursuant to subdivision (d) of Section 47610 of
4the Education Code from compliance with that provision.end insertAlong
5with the written request, a school districtbegin insert or county office of
6educationend insert may require the charter school to provide the school
7district with any or all of the following:
8(1) The address of the charter school facility or documentary
9evidence that the charter school facility is located within the
10geographic
jurisdiction of the school districtbegin insert or county office of
11educationend insert.
12(2) A deed, purchase agreement, lease, or similar contractual
13document to establish that the charter school has control over the
14charter school facility.
15(3) Payment of a reasonable fee not to exceed five hundred
16dollars ($500) to process the written request.
17(c) begin insert(1)end insertbegin insert end insert If the requirements of subdivision (b) are met, the school
18districtbegin insert
or county office of educationend insert shall, within 60 days of
19receiving the written request and, if required, other items described
20in subdivision (b),begin insert place the request for notice of zoning
21inapplicability on the agenda of a public meeting of its governing
22board, and if so approved by the board,end insert notify the city or county
23concerned in writing that the school districtbegin insert or county boardend insert has
24rendered a city or county ordinance inapplicable to a charter school
25facility that is physically located within the geographical
26jurisdiction of the school districtbegin insert or county office of educationend insert.
27(2) The governing board of the school district or county office
28of education shall approve the request for notice of zoning
29inapplicability unless the governing board of the school district
30or county office of education, in a public meeting, adopts written
31findings specific to the proposed site that the issuance of a notice
32of zoning inapplicability will result in the placement of a school
33facility in a location that will endanger the health and safety of
34the students of the charter school.
35(d) begin insert(1)end insertbegin insert end insert Ifbegin insert a charter school requests that a
school district issue
36a notice of zoning inapplicability on behalf of the charter school,
37andend insert
the school district does not provide the notice of inapplicability
38within 60 days pursuant to subdivision (c) and the charter school
39facility is physically located within the geographic jurisdiction of
40a county office of education, the charter school maybegin insert subsequentlyend insert
P5 1 request this county office of education to provide the notice of
2inapplicability to the city or county concernedbegin insert, under the same
3process and standard end insertbegin insertas described in subdivision (c)end insert. begin deleteIf, after
4receiving this request,end delete
5begin insert(2)end insertbegin insert end insertbegin insertIfend insert
the county office of education does not provide the notice
6of inapplicability withinbegin insert 60 days of receiving an original request
7from a charter school, or withinend insert 30 days ofbegin delete theend deletebegin insert receiving aend insert request
8begin insert that was first submitted to a school districtend insert, the charter school may
9file an appeal with the State Board of Education.begin delete Notwithstandingend delete
10begin insert(3)end insertbegin insert end insertbegin insertNotwithstandingend insert any otherbegin delete provision ofend delete law, upon receipt
11of the appeal, the State Board of Educationbegin insert, within 120 days of
12receiving the written request shall place the request for notice of
13zoning inapplicability on the agenda of a public meeting of its
14governing board, and ifend insertbegin insert approved by the boards,end insert shall notify the
15city or county concerned of the inapplicability of the city or county
16ordinance to the charter schoolbegin delete facility.end deletebegin insert
facility, under the same
17process and standards as required of the school district and county
18office of education as described in subdivision (c).end insert
19(e) A charter school that makes a written request to render a
20city or county zoning ordinance inapplicable to the proposed use
21of a facility shall not be required to make any warranties, except
22that the facility will be used for classrooms and is in the jurisdiction
23of the school district or county office of education or provide
24indemnification, bonds, insurance coverage, or any other type of
25financial assurance as a condition for rendering an ordinance
26inapplicable to a charter school facility.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
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