SB 313: Local government: zoning ordinances: school districts.

Session Year: 2015-2016
House: Senate

Version:

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.

Discussed in Hearing