Amended in Assembly June 2, 2016

Amended in Senate January 20, 2016

Amended in Senate May 12, 2015

Amended in Senate April 29, 2015

Amended in Senate April 6, 2015

Senate Bill No. 313

Introduced by Senator Monning

(Principal coauthor: Senator Galgiani)

February 23, 2015

An act to amend begin insert Section 17215.5 of the Education Code, and to amend end insert Section 53094 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

SB 313, as amended, Monning. Local government: zoning ordinances: school districts.

begin insert

Existing law requires the governing board of a school district to make specified findings before commencing the acquisition of real property for a new schoolsite in an area designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, including a finding that the school district has notified and consulted with the city, county, or city and county within which the prospective schoolsite is to be located and that the school district will attempt to minimize any public health and safety issues resulting from the neighboring agricultural uses that may affect the pupils and employees at the schoolsite.

end insert begin insert

This bill would require the school district to include within its findings that it has notified and consulted with the city, county, or city and county, including, but not limited to, the county agricultural commissioner. The bill would additionally require the school district to make a finding that the school district will attempt to minimize any land use incompatibilities that may arise when using a portion of land in an area zoned for agricultural production for a purpose other than agricultural use.

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 if 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 30 days prior to the vote. The bill would also require that vote to be based upon written findings 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 17215.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

17215.5.  

(a) Prior to commencing the acquisition of real
property for a new schoolsite in an area designated in a city, county,
or city and county general plan for agricultural use and zoned for
agricultural production, the governing board of a school district
shall make all of the following findings:

(1) The school district has notified and consulted with the city,
county, or city and county begin insert , including, but not limited to, the county
agricultural commissioner, end insert within which the prospective schoolsite
is to be located.

(2) The final site selection has been evaluated by the governing
board of the school district based on all factors affecting the public
interest and not limited to selection on the basis of the cost of the
land.

(3) The school district will begin delete attempt end delete begin insert do both of the following: end insert

begin insert ( end insert begin insert A) end insert begin insert   end insert begin insert Attempt end insert to minimize any public health and safety issues
resulting from the neighboring agricultural uses that may affect
the pupils and employees at the schoolsite.

begin insert

(B) Attempt to minimize any land use incompatibilities that may
arise when using a portion of land in an area zoned for agricultural
production for a purpose other than agricultural use.

end insert

(b) Subdivision (a) shall not apply to any schoolsite approved
by the State Department of Education prior to January 1, 1997.

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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)  begin insert (1) end insert begin insert   end insert Notwithstanding subdivision (a), the governing board
of a school district, that has complied with Section 65352.2, Section
21151.2 of the Public Resources Code, and Section 17215.5 of the
Education begin delete Code, by a vote of two-thirds of its members taken at
least 30 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 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 delete begin insert Code end insert may render a city or
county zoning ordinance inapplicable to a proposed use of property
by the school district. The governing board of the school district
shall not take this action if 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.

begin insert

(2) The governing board of a school district that chooses to
render a city or county zoning ordinance inapplicable for a
proposed use of property on agriculturally zoned land, pursuant
to paragraph (1), shall take the required vote of two-thirds of its
members at least 30 days after the governing board has notified
the city or county, in writing, of the reason the governing board
intends to take this action, and based upon written findings 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 insert

(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
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.