BILL NUMBER: SB 313 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Galgiani
FEBRUARY 23, 2015
An act to amend Section 53091 53094
of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 313, as amended, Galgiani. Local government: zoning ordinances:
compliance. school districts.
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 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.
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 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 to comply with the
zoning ordinances of a county or city unless the zoning ordinance
makes provision for the location of public schools and unless the
city or county has adopted a general plan.
(b) Notwithstanding subdivision (a), the governing board of a
school district, that has complied with the requirements of Section
65352.2 of this code and 65352.2,
Section 21151.2 of the Public Resources Code, and Section
17215.5 of the Education Code, by a vote of two-thirds of its
members taken at least 90 days after the governing board has
notified the city or county, in writing, of the reason the governing
board intends to take action pursuant to this subdivision, and 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 , may render a city or county
general plan or zoning ordinance inapplicable to a proposed use
of property by the school district. The governing board of the
school district may not take this action when the proposed use of the
property by the school district 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 shall, within 10
days of its vote , notify the city or county concerned of
any action taken pursuant to subdivision (b). If the governing board
has taken such an 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 to determine whether it was arbitrary and
capricious based upon substantial evidence in the public record
pursuant to Section 1094.5 of the Code of Civil Procedure . 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.
SECTION 1. Section 53091 of the Government Code
is amended to read:
53091. (a) Each local agency shall comply with all applicable
building ordinances and zoning ordinances of the county or city in
which the territory of the local agency is situated.
(b) On projects for which state school building aid is requested
by a local agency for construction of school facilities, the county
or city planning commission in which the local agency is located
shall consider in its review for approval information relating to
attendance area enrollment, adequacy of the site upon which the
construction is proposed, safety features of the site and proposed
construction, and present and future land utilization, and report
thereon to the State Allocation Board. If the local agency is
situated in more than one city or county or partly in a city and
partly in a county, the local agency shall comply with the ordinances
of each county or city with respect to the territory of the local
agency that is situated in the particular county or city, and the
ordinances of a county or city shall not be applied to any portion of
the territory of the local agency that is situated outside the
boundaries of the county or city. Notwithstanding the preceding
provisions of this section, this section does not require a school
district or the state when acting under the State Contract Act
(Article 1 (commencing with Section 10100) of Chapter 1 of Part 2 of
Division 2 of the Public Contract Code) to comply with the building
ordinances of a county or city.
(c) Each local agency required to comply with building ordinances
and zoning ordinances pursuant to this section and each school
district whose school buildings are inspected by a county or city
pursuant to Section 53092 shall be subject to the applicable
ordinances of a county or city requiring the payment of fees, but the
amount of those fees charged to a local agency or school district
shall not exceed the amount charged under the ordinance to a
nongovernmental agency for the same services or permits.
(d) Building ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, wastewater,
or electrical energy by a local agency.
(e) Zoning ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, or for the
production or generation of electrical energy, facilities that are
subject to Section 12808.5 of the Public Utilities Code, or
electrical substations in an electrical transmission system that
receives electricity at less than 100,000 volts. Zoning ordinances of
a county or city shall apply to the location or construction of
facilities for the storage or transmission of electrical energy by a
local agency, if the zoning ordinances make provision for those
facilities.