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 ****