Amended in Senate April 29, 2015

Amended in Senate April 6, 2015

Senate Bill No. 313

Introduced by Senator Galgiani

February 23, 2015

An act to amend Section 53094 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 313, as amended, Galgiani. Local government: zoning ordinances: 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 begin delete 90 end delete begin insert 30 end insert days prior to the vote. The bill would also require that vote to be based upon written findings begin delete on the record that contain substantial evidence end delete 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.

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, 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 begin delete 90 end delete begin insert 30 end insert 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 begin delete on the record that contain
substantial evidence end delete 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 begin delete based
upon substantial evidence in the public record end delete 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.