Bill Text: CA SB313 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 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 SENATE MAY 12, 2015 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 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 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 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, may render a city or countygeneral plan orzoning 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 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.