Today's Law As Amended


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AB-780 Local zoning ordinances: school district employee housing.(2021-2022)



As Amends the Law Today


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) (1)  Notwithstanding subdivision (a), the governing board of a school district, 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. 
(2) (A) Except as provided in subparagraph (B), the governing board of the school district may not render a city or county zoning ordinance inapplicable pursuant to this subdivision 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.
(B) The governing board of the school district may render a city or county zoning ordinance inapplicable pursuant to this subdivision if the proposed use of property by the school district is to offer school district employee housing. Notwithstanding the requirements in paragraph (1), a school district shall not be required to comply with the requirements of Section 65352.2 of this code and Section 21151.2 of the Public Resources Code in order to render a zoning ordinance inapplicable pursuant to this subparagraph.
(c) (1) 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).
(c) (2)  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  Except as provided in paragraph (3), 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 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.
(3) Paragraph (2) shall not apply to an action taken by the governing board of a school district pursuant to subparagraph (B) of paragraph (2) of subdivision (b).
(d) The Legislature finds and declares that ensuring land owned by school districts may be used for school employee housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.