SB 313,
as amended, Galgiani. Local government: zoning ordinances:begin delete compliance.end deletebegin insert school districts.end insert
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.
end insertbegin insertThis bill would additionally condition this authorization upon compliance with a notice requirement regarding a schoolsite on agricultural land, and would require the governing board to notify the city or county, in writing, of the reason the governing board intends to take that vote at least 90 days prior to the vote. The bill would also require that vote to be based upon written findings on the record that contain substantial evidence that a zoning ordinance fails to accommodate the need to renovate and expand an existing public school or locate a new public school within the city or county.
end insertExisting 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.
end deleteThis bill would make technical, nonsubstantive changes to these provisions.
end deleteVote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 53094 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
(a) Notwithstanding any other provision of this article,
4this article does not require a school district to comply with the
5zoning ordinances of a county or city unless the zoning ordinance
6makes provision for the location of public schools and unless the
7city or county has adopted a general plan.
8(b) Notwithstanding subdivision (a), the governing board of a
9school district, that has complied with the requirements of Section
10begin delete 65352.2 of this code andend deletebegin insert 65352.2,end insert Section 21151.2 of the Public
11Resources Code,begin insert
and Section 17215.5 of the Education Code,end insert by
12a vote of two-thirds of its membersbegin insert taken at least 90 days after the
13governing board has notified the city or county, in writing, of the
14reason the governing board intends to take action pursuant to this
15subdivision, and based upon written findings on the record that
16contain substantial evidence that a zoning ordinance fails to
17accommodate the need to renovate and expand an existing public
18school or locate a new public school within the city or countyend insert, may
19render a city or countybegin insert general plan orend insert
zoning ordinance
20inapplicable to a proposed use of property by the school district.
21The governing board of the school district may not take this action
22when the proposed use of the property by the school district is for
23nonclassroom facilities, including, but not limited to, warehouses,
24administrative buildings, and automotive storage and repair
25buildings.
26(c) The governing board of the school district shall, within 10
27daysbegin insert of its voteend insert, notify the city or county concerned of any action
28taken pursuant to subdivision (b). If the governing board has taken
29such an action, the city or county may commence an action in the
30superior court of the county whose zoning ordinance is involved
31or in which is situated the city whose zoning ordinance is involved,
P3 1seeking a review of the action of the governing board of the school
2
district to determine whether it was arbitrary and capriciousbegin insert based
3upon substantial evidence in the public record pursuant to Section
41094.5 of the Code of Civil Procedureend insert. The city or county shall
5cause a copy of the complaint to be served on the board. If the
6court determines that the action was arbitrary and capricious, it
7shall declare it to be of no force and effect, and the zoning
8ordinance in question shall be applicable to the use of the property
9by the school district.
Section 53091 of the Government Code is
11amended to read:
(a) Each local agency shall comply with all applicable
13building ordinances and zoning ordinances of the county or city
14in which the territory of the local agency is situated.
15(b) On projects for which state school building aid is requested
16by a local agency for construction of school facilities, the county
17or city planning commission in which the local agency is located
18shall consider in its review for approval information relating to
19attendance area enrollment, adequacy of the site upon which the
20construction is proposed, safety features of the site and proposed
21construction, and present and future land utilization, and report
22thereon to the State Allocation Board. If the local agency is situated
23in more than one city or
county or partly in a city and partly in a
24county, the local agency shall comply with the ordinances of each
25county or city with respect to the territory of the local agency that
26is situated in the particular county or city, and the ordinances of a
27county or city shall not be applied to any portion of the territory
28of the local agency that is situated outside the boundaries of the
29county or city. Notwithstanding the preceding provisions of this
30section, this section does not require a school district or the state
31when acting under the State Contract Act (Article 1 (commencing
32with Section 10100) of Chapter 1 of Part 2 of Division 2 of the
33Public Contract Code) to comply with the building ordinances of
34a county or city.
35(c) Each local agency required to comply with building
36ordinances and zoning ordinances pursuant to this section and each
37school district whose school buildings are inspected by a county
38or city pursuant to Section 53092 shall be
subject to the applicable
39ordinances of a county or city requiring the payment of fees, but
40the amount of those fees charged to a local agency or school district
P4 1shall not exceed the amount charged under the ordinance to a
2nongovernmental agency for the same services or permits.
3(d) Building ordinances of a county or city shall not apply to
4the location or construction of facilities for the production,
5generation, storage, treatment, or transmission of water,
6wastewater, or electrical energy by a local agency.
7(e) Zoning ordinances of a county or city shall not apply to the
8
location or construction of facilities for the production, generation,
9storage, treatment, or transmission of water, or for the production
10or generation of electrical energy, facilities that are subject to
11Section 12808.5 of the Public Utilities Code, or electrical
12substations in an electrical transmission system that receives
13electricity at less than 100,000 volts. Zoning ordinances of a county
14or city shall apply to the location or construction of facilities for
15the storage or transmission of electrical energy by a local agency,
16if the zoning ordinances make provision for those facilities.
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