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AB-3046 Zoning: community college district.(2001-2002)

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AB3046:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2001–2002 REGULAR SESSION

Assembly Bill
No. 3046


Introduced  by Committee on Higher Education  (Alquist (Chair), Bogh (Vice Chair), Havice, Jackson, Liu, Lowenthal, Matthews, Negrete McLeod, Robert Pacheco, and Wyman)

March 13, 2002


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


LEGISLATIVE COUNSEL'S DIGEST


AB 3046, as introduced, Committee on Higher Education. Zoning: community college district.
Existing law authorizes the governing board of a school district, by a vote of 2/3 of its members, to render a city or county zoning ordinance inapplicable to a proposed use of property by the school district except when the proposed use of the property by the school district is for nonclassroom facilities, including, but not limited to, warehouses, administrative buildings, automotive storage, and repair buildings.
This bill, instead, would authorize the governing board of a school district, by a vote of 2/3 of its members, to render a city or county zoning ordinance inapplicable to a proposed use of property by the school district except when the proposed use of the property by the school district is for a facility that does not constitute an educational facility, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   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 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. 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 a facility that does not constitute an educational facility within the meaning of Section 17173 of the Education Code.
(c) The governing board of the school district shall, within 10 days, notify the city or county concerned of any action taken pursuant to subdivision (b). If the governing board has taken such an that 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. 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.