BILL ANALYSIS �
SB 26
Page 1
Date of Hearing: June 25, 2014
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
SB 26 (Correa) - As Amended: June 17, 2014
SENATE VOTE : Vote not relevant
SUBJECT : Orange County Water District: land use.
SUMMARY : Requires the Orange County Water District (OCWD), in
the development of property that OCWD owns that is within the
boundaries of a city, to give notice of its intent to that city,
and hold a public hearing in certain instances. Specifically,
this bill :
1)Clarifies, by adding to OCWD's Act, that provisions of
existing law related to the regulation of local agencies by
counties and cities shall apply to any property owned by OCWD.
2)Requires OCWD to provide notice of intent to develop real
property owned by OCWD that is located within the boundaries
of a city, to the planning agency of that city, at least 30
days in advance of any action to approve the development by
OCWD's board.
3)Requires, for the location or construction of a facility as
specified in Government Code 53091 (e) that is proposed to be
located in the boundaries of a city, that OCWD conduct at
least one public meeting in that city.
4)Declares the intent of the Legislature that OCWD adopt a
policy to address the process for development of property
owned by the district that is located within the boundaries of
a city, with the following goals:
a) To clarify, by amending the OCWD's Act, that provisions
of existing law related to the regulation of local agencies
by counties and cities contained in the Government Code
apply to any property owned by OCWD;
b) To foster greater collaboration between OCWD and a city
on the development of real property owned by OCWD located
within the boundaries of that city; and,
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c) To provide increased transparency to the community in
land use decisions with respect to the development of real
property owned by OCWD located within the boundaries of a
city.
5)Finds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution
because of the unique parcels of land in the County of Orange
and the need to ensure that development of real property by
OCWD not subject to local planning and zoning ordinances is
open to public scrutiny.
6)Provides that if the Commission on State Mandates determines
that this act contains costs mandated by the state, then
reimbursement to local agencies and school districts for those
costs shall be made, as specified.
EXISTING LAW :
1)Creates OCWD and prescribes its powers and duties and
boundaries, consisting of specified lands in the County of
Orange, including the Cities of Anaheim, Fullerton, and Santa
Ana.
2)Authorizes OCWD to perform actions useful or necessary to
replenish the underground water basin with the District, or to
augment and protect the quality of the common water supplies
of the District.
3)Specifies, in OCWD's Act, that the legal title to all property
acquired under the provisions of this act shall immediately
and by operation of law vest in said district, and shall be
held by said district, in trust for, and is hereby dedicated
and set apart to, the uses and purposes set forth in this act.
The board of directors is hereby authorized and empowered to
hold, use, acquire, manage, occupy and possess said property,
as herein provided; and said board of directors may determine,
by resolution duly entered in their minutes that any property,
real or personal, held by said district is no longer necessary
to be retained for the uses and purposes thereof, and may
thereafter sell or otherwise dispose of said property.
4)Provides, in existing law, for the regulation of local
agencies by cities and counties, as follows:
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a) Each local agency shall comply with all applicable
building ordinances and zoning ordinances of the county or
city in which the territory of the local agency is
situated.
b) Each local agency required to comply with building
ordinances and zoning ordinances and each school district
whose school buildings are inspected by a county or city
pursuant to existing law shall be subject to the applicable
ordinances of a county or city requiring the payment of
fees, but the amount of those fees charged to a local
agency or school district shall not exceed the amount
charged under the ordinance to nongovernmental agencies for
the same services or permits.
c) Building ordinances of a county or city shall not apply
to the location of construction of facilities for the
production, generation, storage, treatment, or transmission
of water, wastewater, or electrical energy by a local
agency.
d) Zoning ordinances of a county or city shall not apply to
the location or construction of facilities for the
production, generation, storage, treatment, or transmission
of water, or for the production or generation of electrical
energy, facilities that are subject to Section 12808.5 of
the Public Utilities Code, or electrical substations in an
electrical transmission system that receives electricity at
less than 100,000 volts. Zoning ordinances of a county or
city shall apply to the location of construction of
facilities for the storage or transmission of electrical
energy by a local agency, if the zoning ordinances make
provision for those facilities.
5)Defines, for purposes of 4), above, the term "local agency" to
mean "any agency of the state for the local performance of
governmental or proprietary function within limited
boundaries." Provides that "local agency" does not include
the state, a city, a county, a rapid
transit district, or a rail transit district whose board of
directors is appointed by public bodies or officers or elected
from election districts within the area comprising the
district, or a district organized pursuant to Part 3 of
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Division 16 of the Streets and Highways Code.
6)Defines, for purposes of 4), above, the term "building
ordinances" to mean ordinances of a county or city regulating
building and construction and removal of buildings, including
ordinances, as specified, and including ordinances relating to
building permits and building inspection.
7)Allows the governing board of a local agency, by vote of
four-fifths of its members, to render a city or county zoning
ordinance inapplicable to a proposed use of property if the
local agency at a noticed public hearing determines by
resolution that there is no feasible alternative to its
proposal.
8)Provides that the governing board may not render a zoning
ordinance inapplicable to a proposed use of property when the
proposed use of the property by the local agency is for
facilities not related to storage or transmission of water or
electrical energy, including, but not limited to, warehouses,
administrative buildings or automotive storage and repair
buildings.
9)Requires the governing board, within 10 days, to notify the
city or county, whose zoning ordinance has been rendered
inapplicable, of its action, and specifies, if the governing
board has taken this 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 to determine whether it was supported
by substantial evidence.
FISCAL EFFECT : This bill is keyed fiscal.
COMMENTS :
1)Background on OCWD . OCWD was formed in 1933 by the California
State Legislature's enactment of the Act to protect Orange
County's rights to water in the Santa Ana River. OCWD's
primary responsibility is managing the vast groundwater basin
under northern and central Orange County that supplies water
to more than 20 cities and water agencies, serving more than
2.3 million Orange County residents.
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2)Regulation of local agencies by cities and counties . Existing
law addresses the regulation
of local agencies (including special districts) by counties and
cities, and in general, requires each local agency to comply
with all applicable building ordinances and zoning ordinances
of the county or city in which the territory of the local
agency is situated. However, there are some exceptions to
this general policy. Existing law specifies that "building
ordinances of a county or city shall not apply to the location
or construction of facilities for the production, generation,
storage, treatment, or transmission of water, wastewater, or
electrical energy by a local energy. Existing law also says
that "zoning ordinances of a county or city shall not apply to
the location or construction of facilities for the production,
generation, storage, treatment, or transmission of water,
[certain specified facilities], or electrical substations in
an electrical transmission system that receives electricity at
less than 100,000 volts."
This same section of law allows the governing board of a local
agency, by a four-fifths vote of its members, to render a city
or county zoning ordinance inapplicable to a proposed use
of property if the local agency, at a noticed public hearing,
determines by resolution that there is no feasible alternative
to its proposal. However, the governing board may not render
a zoning ordinance inapplicable to a proposed use of property
when it is for facilities not related to storage or
transmission of water or electoral energy, including, but not
limited to, warehouses, administrative buildings or automotive
storage and repair buildings.
If the governing board of a local agency renders a city or
county zoning ordinance applicable in this manner, the board
is required to notify the city or county within 10 days. Once
the governing body has taken this action, the city or county
can 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, and seek a review of
the action of the governing board to determine whether it was
supported by substantial evidence.
In general, this section of law means that if a special
district owns property within the boundaries of a city or
county, that that special district must comply with how the
city or county has that land or property zoned. However, city
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zoning ordinances do not apply to the location or construction
of facilities related to energy production or generation, as
specified, or to the production, generation, storage,
treatment, or transmission of water, as specified.
3)Author's statement . According to the author, "Last year, the
OCWD sought to develop property in the City of Anaheim in a
way that was inconsistent with the City's planning ordinances.
The OCWD currently owns 20 acres of land near Ball Road and
the 57 Freeway, in an area called the Ball Road Basin. OCWD
entered into a long-term lease agreement with a private power
firm for the potential development of a 300-600 megawatt
private power plant.
"Despite significant opposition from the surrounding
community, business groups in the area, and state and local
leaders, OCWD moved forward with an expedited process to allow
development. In response to this decision, the Cities of
Anaheim and Fullerton adopted Council Resolutions that called
on governmental agencies, such as OCWD, to fully comply with
the respective city's zoning and planning requirements.
"Public input should be sought for all projects in order to
ensure that a proposal does not inflict negative consequences
on the community. Without this public process, the
surrounding community may not have the recourse to address
their concerns about a proposed project. SB 26 would ensure a
transparent process for OCWD proposals and allow surrounding
communities to have input on projects that will directly
affect them."
4)Purpose of this bill . This bill clarifies, by adding new
provisions to OCWD's Act, that OCWD must comply with existing
law related to the regulation of local agencies by cities and
counties, as mentioned above. The bill also requires OCWD to
provide notice of intent to develop real property owned by
OCWD that is located within the boundaries of a city, to the
planning agency of that city, at least 30 days in advance of
any action to approve the development by OCWD's board.
Additionally the bill requires, for the location or
construction of a facility related to energy production or
generation, as specified, or to the
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production, generation, storage, treatment, or transmission of
water, as specified, that OCWD conduct at least one public
meeting in the city in which the facility is proposed to be
located.
This bill is sponsored by the City of Anaheim.
5)Arguments in support . The City of Anaheim argues that this
bill would improve the transparency of development decisions
made by OCWD.
6)Arguments in opposition . None on file.
REGISTERED SUPPORT / OPPOSITION :
Support
City of Anaheim [SPONSOR]
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958