California Senate Bill SB313 Latest Draft

 BILL NUMBER: SB 313AMENDED 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.