BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 313| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 313 Author: Monning (D), et al. Amended: 1/20/16 Vote: 21 SENATE EDUCATION COMMITTEE: 9-0, 4/22/15 AYES: Liu, Runner, Block, Hancock, Leyva, Mendoza, Monning, Pan, Vidak SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 5/6/15 AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley SUBJECT: Local government: zoning ordinances: school districts SOURCE: California Farm Bureau Federation DIGEST: This bill expands the requirements to be met by a school district governing board in order to declare a zoning ordinance inapplicable to a proposed use of land for classroom facilities. Senate Floor Amendments of 1/20/16 change the author of the bill to Senator Monning, add Senator Galgiani as a principal coauthor, and make technical changes. ANALYSIS: SB 313 Page 2 Existing law: 1)Requires a school district to comply with city and county zoning ordinances if the zoning ordinance makes provision for the location of public schools and if the city/county has adopted a general plan. 2)Authorizes a school district governing board, by a two-thirds vote of its members, to render a city or county zoning ordinance inapplicable to proposed use of property by the school district if it has complied with requirements to notify the planning commission in writing before acquiring title to the property (Public Resources Code § 21151.2), and it participates in notification and meeting requirements that are intended to foster improved communication and coordination between cities, counties, and school districts related to planning for school siting (Government Code § 65352.2). The school district governing board is prohibited from taking such action if the proposed use of the property is for non-classroom facilities. 3)Authorizes the city or county to commence an action in the applicable county superior court seeking review of the board's action to determine whether it was arbitrary and capricious, in which case the court can declare it to have no force and effect and the school district is required to comply with the zoning ordinance. (Government Code § 53094) 4)Requires, for school sites approved January 1, 1997 and thereafter, that prior to commencing with the acquisition of land designated in a city/county general plan for agricultural use and zoned for agricultural production, a school district governing board makes findings that: a) The school district has consulted with the city/county on the proposed location. b) Final site selection was evaluated by the board based on all public interest factors and not limited to selection on the basis of land cost. c) The school district will try to minimize public health and safety issues from neighboring agricultural uses that SB 313 Page 3 might affect students and employees. (Education Code §17215.5) This bill expands the requirements to be met by a school district governing board in order to declare a zoning ordinance inapplicable to a proposed use of land for classroom facilities. Specifically it: 1)Requires the governing board to comply with specified Education Code provisions regarding the acquisition of agricultural land. 2)Requires that the vote of the board be taken at least 30 days after notifying, the city/county in writing of its reasons for intending to take such action and based upon written findings on the record. Comments Current law already requires a school district governing board to notify and seek the recommendation of the local planning commission prior to land acquisition and to notify and meet with cities and counties regarding school siting before it can exercise its authority to render a zoning ordinance inapplicable. This bill clarifies existing process which governing boards must follow, including cross referencing existing requirements that the board make specified findings prior to the acquisition of land zoned for agricultural use and production and clarifying that a school board must notify a city or county in writing at least 30 days before it exercises this authority. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified1/22/16) California Farm Bureau Federation (source) American Planning Association, California Chapter California State Association of Counties Contra Costa Board of Supervisors SB 313 Page 4 OPPOSITION: (Verified1/22/16) California Building Industry Association Coalition for Adequate School Housing Contra Costa County Superintendents' Coalition Prepared by:Kathleen Chavira / ED. / (916) 651-4105 1/22/16 12:40:52 **** END ****