Bill Text: CA SB313 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 313	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Galgiani

                        FEBRUARY 23, 2015

   An act to amend Section 53091 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 313, as introduced, Galgiani. Local government: zoning
ordinances: compliance.
   Existing law requires each local agency to comply with all
applicable building and zoning ordinances of the county or city in
which the territory of the local agency is situated. Existing law
provides that each local agency and each school district whose school
buildings are subject to inspection by a county or city are subject
to the payment of any applicable fees, but that those fees may not
exceed the amount charged to nongovernmental agencies for the same
services or permits.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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 53091 of the Government Code is amended to
read:
   53091.  (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) On projects for which state school building aid is requested
by a local agency for construction of school facilities, the county
or city planning commission in which the local agency is located
shall consider in its review for approval information relating to
attendance area enrollment, adequacy of the site upon which the
construction is proposed, safety features of the site and proposed
construction, and present and future land utilization, and report
thereon to the State Allocation Board. If the local agency is
situated in more than one city or county or partly in a city and
partly in a county, the local agency shall comply with the ordinances
of each county or city with respect to the territory of the local
agency that is situated in the particular county or city, and the
ordinances of a county or city shall not be applied to any portion of
the territory of the local agency that is situated outside the
boundaries of the county or city. Notwithstanding the preceding
provisions of this section, this section does not require a school
district or the state when acting under the State Contract Act
(Article 1 (commencing with Section 10100) of Chapter 1 of Part 2 of
Division 2 of the Public Contract Code) to comply with the building
ordinances of a county or city.
   (c) Each local agency required to comply with building ordinances
and zoning ordinances pursuant to this section and each school
district whose school buildings are inspected by a county or city
pursuant to Section 53092 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  a
 nongovernmental  agencies   agency 
for the same services or permits.
   (d) 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 agency.
   (e) 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 or construction of
facilities for the storage or transmission of electrical energy by a
local agency, if the zoning ordinances make provision for those
facilities.