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

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-Amended.html

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BILL NUMBER: SB 313	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 23, 2015

   An act to amend Section 53094 of the Government Code, relating to
local government.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 313, as amended, Galgiani. Local government: zoning ordinances:
school districts.
   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 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  90   30
 days prior to the vote. The bill would also require that vote
to be based upon written findings  on the record that contain
substantial evidence  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 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) Notwithstanding subdivision (a), the governing board of a
school district, that has complied with the requirements of 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  90   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  on the record
that contain substantial evidence  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, may render a city or county general plan or 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 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
 based upon substantial evidence in the public record
 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.