SB 313, as introduced, Galgiani. Local government: zoning ordinances: compliance.
Existing law requires each local agency to comply with all applicable building and zoning ordinances of the county or city in which the territory of the local agency is situated. Existing law provides that each local agency and each school district whose school buildings are subject to inspection by a county or city are subject to the payment of any applicable fees, but that those fees may not exceed the amount charged to nongovernmental agencies for the same services or permits.
This bill would make technical, nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 53091 of the Government Code is
2amended to read:
(a) Each local agency shall comply with all applicable
4building ordinances and zoning ordinances of the county or city
5in which the territory of the local agency is situated.
6(b) On projects for which state school building aid is requested
7by a local agency for construction of school facilities, the county
P2 1or city planning commission in which the local agency is located
2shall consider in its review for approval information relating to
3attendance area enrollment, adequacy of the site upon which the
4construction is proposed, safety features of the site and proposed
5construction, and present and future land utilization, and report
6thereon to the State Allocation Board. If the local agency is situated
7in more than one city or
county or partly in a city and partly in a
8county, the local agency shall comply with the ordinances of each
9county or city with respect to the territory of the local agency that
10is situated in the particular county or city, and the ordinances of a
11county or city shall not be applied to any portion of the territory
12of the local agency that is situated outside the boundaries of the
13county or city. Notwithstanding the preceding provisions of this
14section, this section does not require a school district or the state
15when acting under the State Contract Act (Article 1 (commencing
16with Section 10100) of Chapter 1 of Part 2 of Division 2 of the
17Public Contract Code) to comply with the building ordinances of
18a county or city.
19(c) Each local agency required to comply with building
20ordinances and zoning ordinances pursuant to this section and each
21school district whose school buildings are inspected by a county
22or city pursuant to Section 53092 shall be
subject to the applicable
23ordinances of a county or city requiring the payment of fees, but
24the amount of those fees charged to a local agency or school district
25shall not exceed the amount charged under the ordinance tobegin insert aend insert
26 nongovernmentalbegin delete agenciesend deletebegin insert agencyend insert for the same services or permits.
27(d) Building ordinances of a county or city shall not apply to
28the location or construction of facilities for the production,
29generation, storage, treatment, or transmission of water,
30wastewater, or electrical energy by a local agency.
31(e) Zoning ordinances of a county or city shall not apply to the
32
location or construction of facilities for the production, generation,
33storage, treatment, or transmission of water, or for the production
34or generation of electrical energy, facilities that are subject to
35Section 12808.5 of the Public Utilities Code, or electrical
36substations in an electrical transmission system that receives
37electricity at less than 100,000 volts. Zoning ordinances of a county
38or city shall apply to the location or construction of facilities for
P3 1the storage or transmission of electrical energy by a local agency,
2if the zoning ordinances make provision for those facilities.
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