BILL NUMBER: SB 780 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Walters
FEBRUARY 27, 2009
An act relating to South Orange Community College
District to amend Section 53094 of the Government
Code, relating to school districts .
LEGISLATIVE COUNSEL'S DIGEST
SB 780, as amended, Walters. South Orange Community
College District: real property. Land use: school
districts.
Existing law authorizes the governing board of a specified school
district, by a 2/3vote 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.
The board is required to notify the city or county within 10 days of
acting to render the city or county's zoning ordinance inapplicable
to the proposed use of school district property.
This bill would make technical, nonsubstantive changes to this
provision.
Existing law establishes the California Community Colleges as a
segment of public postsecondary education in the state. Existing law
authorizes the establishment of community college districts under the
administration of community college governing boards, and authorizes
these districts to provide instruction at community college campuses
throughout the state.
This bill would provide South Orange Community College District
with sole authority to make determinations with respect to the
development of specified real property in County of Orange that is
owned or leased by the community college district. The bill would
exempt the community college district from specified local
regulations pertaining to the development of that real property. The
bill would prohibit Orange County and the City of Tustin from
imposing specified fees and conditions upon the development of the
property. The bill would express the intent of the Legislature that
these provisions supersede any inconsistent provisions of any
contract or other agreement between the city and the community
college district, or the county and the community college district,
with respect to the property. The bill would make related findings
and declarations.
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 city or
county 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 of this code and Section 21151.2 of the
Public Resources Code, by a vote of two-thirds of its members, 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 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, 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. 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.
SECTION 1. (a) For purposes of this section,
the following terms have the following meanings:
(1) "City" means the City of Tustin.
(2) "Community college district" means the South Orange Community
College District.
(3) "County" means the County of Orange.
(4) "Property" means the real property located in the County of
Orange that is owned in fee by, or leased to, the community college
district, and is both of the following:
(A) The property was formerly part of a military base that was
closed pursuant to the federal Defense Base Closure and Realignment
Act of 1990 (Part A, Title XXIX, Public Law 101-510).
(B) The property was conveyed in fee or leased by the United
States to an applicable local reuse authority as an economic
development conveyance pursuant to the federal Defense Base Closure
and Realignment Act of 1990 (Part A, Title XXIX, Public Law 101-510).
(b) The Legislature finds and declares all of the following:
(1) Workforce development and worker training programs are
important to the economic well-being of this state.
(2) The state's community college districts are encouraged to work
with other public and private educational institutions and private
businesses to meet the state's workforce development and worker
training needs.
(3) The California Community Colleges are uniquely suited to
further job generation and economic development, which are the
primary purposes of economic development conveyances, as set forth in
the federal Defense Base Closure and Realignment Act of 1990 (Part
A, Title XXIX, Public Law 101-510).
(4) It is of critical importance to the state to facilitate the
timely development of the community college district property to
provide an education-oriented development that provides career
education and job retraining in both a traditional and nontraditional
manner.
(c) The community college district shall have sole authority, with
respect to the property, to determine all of the following:
(1) The educational programs to be offered on the property and
facilities necessary to implement those programs.
(2) The lessees or sublessees authorized to lease or sublease the
property.
(3) Whether the community college district's development of the
property qualifies as an education-oriented development.
(d) The community college district, in developing the property, is
exempt from zoning ordinances, general plans, specific plans, or any
other planning or zoning requirement of the city and the county. The
city and the county shall not impose fees or conditions upon the
development or operation of the property in a manner that delays,
obstructs, or prevents the development or operation of the property
or interferes with the community college district's mission and
academic plans with respect to the property.
(e) It is the intent of the Legislature that this section
supersede any provisions of any contract or other agreement between
the city and the community college district, or the county and the
community college district, with respect to the property, that are
inconsistent with subdivisions (c) and (d).
SEC. 2. The Legislature finds and declares that
due to unique circumstances regarding the development of former
military base property by the Orange County Community College
District, a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution.
Therefore, the special legislation contained in Section 1 of this act
is necessarily applicable only to the Orange County Community
College District, the City of Tustin, and Orange County.