Bill Text: CA AB1344 | 2015-2016 | Regular Session | Amended
Bill Title: County office of education: charter schools.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1344 Detail]
Download: California-2015-AB1344-Amended.html
BILL NUMBER: AB 1344 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Jones
FEBRUARY 27, 2015
An act to amend Section 53094 of, and to repeal and add Section
53097.3 of, the Government Code, relating to zoning ordinances.
LEGISLATIVE COUNSEL'S DIGEST
AB 1344, as amended, Jones. County office of education: charter
schools.
(1) 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 when the proposed use is for nonclassroom
facilities.
This bill would extend this authorization to the governing board
of a county office of education.
(2) Existing law prohibits a school district from rendering a city
or county ordinance inapplicable to a charter school facility,
unless the charter school facility is physically located within the
geographic jurisdiction of the school district.
This bill would also prohibit a county office of education from
rendering a city or county ordinance inapplicable to a charter school
facility, unless the charter school is physically located within the
geographic jurisdiction of the county office of education. The bill
would authorize, when a charter school facility is physically located
within the geographic jurisdiction of a school district or
county office of education , a charter school to make a written
request for this school district or county office of education
to render a city or county zoning ordinance inapplicable to a
proposed use of the facility by the charter school, as specified. The
bill would authorize the school district or county office of
education to require specified documentation and payment of a
reasonable fee along with this request. The bill would require the
school district or county office of education to notify
the city or county concerned that the school district or county
office of education has taken this action. The bill would
authorize the charter school to request a county office of education
to provide the notice if the school district does not within a
specified time period. The bill would also authorize the charter
school, if the county office of education does not provide the notice
within a specified time period, to file an appeal with the State
Board of Education, which would be required to notify the city or
county concerned of the inapplicability of the city or county
ordinance to the charter school facility. By increasing the duties of
local officials, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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 or county office of
education to comply with the zoning ordinances of a county or city
unless both of the following have occurred:
(1) The zoning ordinance makes provision for the location of
public schools.
(2) The city or county has adopted a general plan.
(b) Notwithstanding subdivision (a), the governing board of a
school district or county office of education, 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 or county office
of education. The governing board of the school district or county
office of education may not take this action when the proposed use of
the property by the school district or county office of education 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 or county office of
education shall, within 10 days, notify the city or county concerned
of any action taken pursuant to subdivision (b). 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 of
the school district or county office of education 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 or county office of education.
SEC. 2. Section 53097.3 of the Government Code is repealed.
SEC. 3. Section 53097.3 is added to the Government Code, to read:
53097.3. (a) Notwithstanding any other provision of this article,
a school district or county office of education shall not render a
city or county ordinance inapplicable to a charter school facility
pursuant to this article, unless the facility is physically located
within the geographical jurisdiction of that school district or
county office of education.
(b) When a charter school facility is physically located within
the geographic jurisdiction of a school district or county
office of education , the charter school may make a written
request for this school district or county office of education
to render a city or county zoning ordinance inapplicable to a
proposed use of the facility by the charter school only to the same
extent to which the a school district
may render the zoning ordinance inapplicable to a use of property by
the school district pursuant to Section 53094. The notice of
inapplicability of a zoning ordinance to a charter school facility
shall not exempt a charter school facility that is otherwise subject
to compliance with the California Building Standards Code pursuant to
subdivision (d) of Section 47610 of the Education Code from
compliance with that provision. Along with the written request,
a school district or county office of education may
require the charter school to provide the school district with any or
all of the following:
(1) The address of the charter school facility or documentary
evidence that the charter school facility is located within the
geographic jurisdiction of the school district or county office
of education .
(2) A deed, purchase agreement, lease, or similar contractual
document to establish that the charter school has control over the
charter school facility.
(3) Payment of a reasonable fee not to exceed five hundred dollars
($500) to process the written request.
(c) (1) If the requirements of subdivision
(b) are met, the school district or county office of education
shall, within 60 days of receiving the written request and, if
required, other items described in subdivision (b), place the
request for notice of zoning inapplicability on the agenda of a
public meeting of its governing board, and if so approved by the
board, notify the city or county concerned in writing that the
school district or county board has rendered a city or
county ordinance inapplicable to a charter school facility that is
physically located within the geographical jurisdiction of the school
district or county office of education .
(2) The governing board of the school district or county office of
education shall approve the request for notice of zoning
inapplicability unless the governing board of the school district or
county office of education, in a public meeting, adopts written
findings specific to the proposed site that the issuance of a notice
of zoning inapplicability will result in the placement of a school
facility in a location that will endanger the health and safety of
the students of the charter school.
(d) (1) If a charter school req
uests that a school district issue a notice of zoning
inapplicability on behalf of the charter school, and the
school district does not provide the notice of inapplicability within
60 days pursuant to subdivision (c) and the charter school facility
is physically located within the geographic jurisdiction of a county
office of education, the charter school may subsequently
request this county office of education to provide the notice of
inapplicability to the city or county concerned , under the same
process and standard as described in subdivision (c)
. If, after receiving this request,
(2) If the county office of
education does not provide the notice of inapplicability within
60 days of receiving an original request from a charter school, or
within 30 days of the receiving a
request that was first submitted to a school district ,
the charter school may file an appeal with the State Board of
Education. Notwithstanding
(3) Notwithstanding any other
provision of law, upon receipt of the appeal, the
State Board of Education , within 120 days of receiving the
written request shall place the request for notice of zoning
inapplicability on the agenda of a public meeting of its governing
board, and if approved by the boards, shall notify
the city or county concerned of the inapplicability of the city or
county ordinance to the charter school facility.
facility, under the same process and standards as required of
the school district and county office of education as described in
subdivision (c).
(e) A charter school that makes a written request to render a city
or county zoning ordinance inapplicable to the proposed use of a
facility shall not be required to make any warranties, except that
the facility will be used for classrooms and is in the jurisdiction
of the school district or county office of education or provide
indemnification, bonds, insurance coverage, or any other type of
financial assurance as a condition for rendering an ordinance
inapplicable to a charter school facility.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
