BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 313|
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                                   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:









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          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  







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               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








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          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


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