Bill Text: CA SB313 | 2015-2016 | Regular Session | Amended
Bill Title: Local government: zoning ordinances: school districts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2016-11-30 - From Assembly without further action. [SB313 Detail]
Download: California-2015-SB313-Amended.html
BILL NUMBER: SB 313 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 2, 2016
AMENDED IN SENATE JANUARY 20, 2016
AMENDED IN SENATE MAY 12, 2015
AMENDED IN SENATE APRIL 29, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Monning
(Principal coauthor: Senator Galgiani)
FEBRUARY 23, 2015
An act to amend Section 17215.5 of the Education Code, and to
amend Section 53094 of the Government Code, relating to local
government.
LEGISLATIVE COUNSEL'S DIGEST
SB 313, as amended, Monning. Local government: zoning ordinances:
school districts.
Existing law requires the governing board of a school district to
make specified findings before commencing the acquisition of real
property for a new schoolsite in an area designated in a city,
county, or city and county general plan for agricultural use and
zoned for agricultural production, including a finding that the
school district has notified and consulted with the city, county, or
city and county within which the prospective schoolsite is to be
located and that the school district will attempt to minimize any
public health and safety issues resulting from the neighboring
agricultural uses that may affect the pupils and employees at the
schoolsite.
This bill would require the school district to include within its
findings that it has notified and consulted with the city, county, or
city and county, including, but not limited to, the county
agricultural commissioner. The bill would additionally require the
school district to make a finding that the school district will
attempt to minimize any land use incompatibilities that may arise
when using a portion of land in an area zoned for agricultural
production for a purpose other than agricultural use.
Existing law authorizes the governing board of a school district,
by a 2/3 vote of its members, to render a city or county zoning
ordinance inapplicable to a proposed use of school district property,
except if the proposed use is for nonclassroom facilities.
This bill would additionally condition this authorization upon
compliance with a notice requirement regarding a schoolsite on
agricultural land, and would require the governing board to notify
the city or county, in writing, of the reason the governing board
intends to take that vote at least 30 days prior to the vote. The
bill would also require that vote to be based upon written findings
that a zoning ordinance fails to accommodate the need to renovate and
expand an existing public school or locate a new public school
within the city or county.
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 17215.5 of the
Education Code is amended to read:
17215.5. (a) Prior to commencing the acquisition of real property
for a new schoolsite in an area designated in a city, county, or
city and county general plan for agricultural use and zoned for
agricultural production, the governing board of a school district
shall make all of the following findings:
(1) The school district has notified and consulted with the city,
county, or city and county , including, but not limited to, the
county agricultural commissioner, within which the prospective
schoolsite is to be located.
(2) The final site selection has been evaluated by the governing
board of the school district based on all factors affecting the
public interest and not limited to selection on the basis of the cost
of the land.
(3) The school district will attempt do
both of the following:
( A) Attempt to
minimize any public health and safety issues resulting from the
neighboring agricultural uses that may affect the pupils and
employees at the schoolsite.
(B) Attempt to minimize any land use incompatibilities that may
arise when using a portion of land in an area zoned for agricultural
production for a purpose other than agricultural use.
(b) Subdivision (a) shall not apply to any schoolsite approved by
the State Department of Education prior to January 1, 1997.
SECTION 1. SEC. 2. 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 unless the zoning ordinance
makes provision for the location of public schools and unless the
city or county has adopted a general plan.
(b) (1) Notwithstanding subdivision (a), the
governing board of a school district, that has complied with Section
65352.2, Section 21151.2 of the Public Resources Code, and Section
17215.5 of the Education Code, by a vote of two-thirds of
its members taken at least 30 days after the governing board has
notified the city or county, in writing, of the reason the governing
board intends to take action pursuant to this subdivision, and based
upon written findings that a zoning ordinance fails to accommodate
the need to renovate and expand an existing public school or locate a
new public school within the city or county, Code
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 shall not take this action if 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.
(2) The governing board of a school district that chooses to
render a city or county zoning ordinance inapplicable for a proposed
use of property on agriculturally zoned land, pursuant to paragraph
(1), shall take the required vote of two-thirds of its members at
least 30 days after the governing board has notified the city or
county, in writing, of the reason the governing board intends to take
this action, and based upon written findings that a zoning ordinance
fails to accommodate the need to renovate and expand an existing
public school or locate a new public school within the city or
county.
(c) The governing board of the school district shall, within 10
days of its vote, 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
pursuant to Section 1094.5 of the Code of Civil Procedure. 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.
