53090. As used in this article:
(a) "Local agency" means an agency of the state for the local
performance of governmental or proprietary function within limited
boundaries. "Local agency" does not include the state, a city, a
county, a rapid transit district, or a rail transit district whose
board of directors is appointed by public bodies or officers or
elected from election districts within the area comprising the
district, or a district organized pursuant to Part 3 (commencing with
Section 27000) of Division 16 of the Streets and Highways Code.
(b) "Building ordinances" means ordinances of a county or city
regulating building and construction and removal of buildings,
including ordinances relating to the matters set forth in Section
38660 and similar matters, and including ordinances relating to
building permits and building inspection.
53091. (a) Each local agency shall comply with all applicable
building ordinances and zoning ordinances of the county or city in
which the territory of the local agency is situated.
(b) On projects for which state school building aid is requested
by a local agency for construction of school facilities, the county
or city planning commission in which the local agency is located
shall consider in its review for approval information relating to
attendance area enrollment, adequacy of the site upon which the
construction is proposed, safety features of the site and proposed
construction, and present and future land utilization, and report
thereon to the State Allocation Board. If the local agency is
situated in more than one city or county or partly in a city and
partly in a county, the local agency shall comply with the ordinances
of each county or city with respect to the territory of the local
agency that is situated in the particular county or city, and the
ordinances of a county or city shall not be applied to any portion of
the territory of the local agency that is situated outside the
boundaries of the county or city. Notwithstanding the preceding
provisions of this section, this section does not require a school
district or the state when acting under the State Contract Act
(Article 1 (commencing with Section 10100) of Chapter 1 of Part 2 of
Division 2 of the Public Contract Code) to comply with the building
ordinances of a county or city.
(c) Each local agency required to comply with building ordinances
and zoning ordinances pursuant to this section and each school
district whose school buildings are inspected by a county or city
pursuant to Section 53092 shall be subject to the applicable
ordinances of a county or city requiring the payment of fees, but the
amount of those fees charged to a local agency or school district
shall not exceed the amount charged under the ordinance to
nongovernmental agencies for the same services or permits.
(d) Building ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, wastewater,
or electrical energy by a local agency.
(e) Zoning ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, or for the
production or generation of electrical energy, facilities that are
subject to Section 12808.5 of the Public Utilities Code, or
electrical substations in an electrical transmission system that
receives electricity at less than 100,000 volts. Zoning ordinances of
a county or city shall apply to the location or construction of
facilities for the storage or transmission of electrical energy by a
local agency, if the zoning ordinances make provision for those
facilities.
53092. The State Director of Public Works, upon recommendation of
the Division of Architecture, may delegate to any county or city all
or part of the powers and duties of the Division of Architecture
relating to the inspection of construction of school buildings of
school districts within the county or city if, as determined by the
Division of Architecture, the county or city has an adequate building
inspection program. No delegation under this section shall become
effective without the consent of the legislative body of the county
or city to which the delegation is made.
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.
(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
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.
53095. The provisions of this article shall prevail over Sections
17215 and 81035 of the Education Code and over Section 65402 of the
Government Code.
53096. (a) Notwithstanding any other provision of this article, the
governing board of a local agency, by vote of four-fifths of its
members, may render a city or county zoning ordinance inapplicable to
a proposed use of property if the local agency at a noticed public
hearing determines by resolution that there is no feasible
alternative to its proposal. The governing board may not render a
zoning ordinance inapplicable to a proposed use of property when the
proposed use of the property by the local agency is for facilities
not related to storage or transmission of water or electrical energy,
including, but not limited to, warehouses, administrative buildings
or automotive storage and repair buildings. The governing board of a
local agency may make these determinations at the time it approves an
environmental impact report on its proposal required by Division 13
(commencing with Section 21000) of the Public Resources Code. Mailed
notice of the public hearing shall be provided at least 10 days prior
to the hearing, to the owners of all property within 300 feet of the
location of the proposed facility and a notice shall be posted in a
conspicuous place at the proposed site of the facility. If mailed
notice as required above would result in notice to more than 250
persons, as an alternative to mailed notice, notice may be given by
placing a display advertisement of at least one-fourth page in a
newspaper of general circulation within the area affected by the
proposed facility and by posting the notice in a conspicuous place at
the proposed site of the facility.
(b) The board shall, within 10 days, notify the city or county,
whose zoning ordinance has been rendered inapplicable under
subdivision (a), of its action. If the governing board has taken this
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 to determine whether it
was supported by substantial evidence. The evidence before the court
shall include the record of the proceedings before the city, county,
and district. 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 not supported by substantial evidence, 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 local agency.
(c) "Feasible" as used in this section means capable of being
accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, social, and
technological factors.
53097. Notwithstanding any other provisions of this article, the
governing board of a school district shall comply with any city or
county ordinance (1) regulating drainage improvements and conditions,
(2) regulating road improvements and conditions, or (3) requiring
the review and approval of grading plans as these ordinance
provisions relate to the design and construction of onsite
improvements which affect drainage, road conditions, or grading, and
shall give consideration to the specific requirements and conditions
of city or county ordinances relating to the design and construction
of offsite improvements. If a school district elects not to comply
with the requirements of city or county ordinances relating to the
design and construction of offsite improvements, the city or county
shall not be liable for any injuries or for any damage to property
caused by the failure of the school district to comply with those
ordinances.
53097.3. Notwithstanding any other provision of this article, no
school district may render a city or county ordinance inapplicable to
a charter school facility pursuant to this article, unless the
facility is physically located within the geographical jurisdiction
of that school district.
53097.5. A county or city may inspect school buildings, as defined
in Section 39141 of the Education Code, pursuant to guidelines
adopted pursuant to Section 16500 of the Health and Safety Code or
pursuant to any local ordinance regulating substandard conditions in
buildings used for human habitation. The results of the inspections
shall be forwarded to the office of the State Architect.
53090. As used in this article:
(a) "Local agency" means an agency of the state for the local
performance of governmental or proprietary function within limited
boundaries. "Local agency" does not include the state, a city, a
county, a rapid transit district, or a rail transit district whose
board of directors is appointed by public bodies or officers or
elected from election districts within the area comprising the
district, or a district organized pursuant to Part 3 (commencing with
Section 27000) of Division 16 of the Streets and Highways Code.
(b) "Building ordinances" means ordinances of a county or city
regulating building and construction and removal of buildings,
including ordinances relating to the matters set forth in Section
38660 and similar matters, and including ordinances relating to
building permits and building inspection.
53091. (a) Each local agency shall comply with all applicable
building ordinances and zoning ordinances of the county or city in
which the territory of the local agency is situated.
(b) On projects for which state school building aid is requested
by a local agency for construction of school facilities, the county
or city planning commission in which the local agency is located
shall consider in its review for approval information relating to
attendance area enrollment, adequacy of the site upon which the
construction is proposed, safety features of the site and proposed
construction, and present and future land utilization, and report
thereon to the State Allocation Board. If the local agency is
situated in more than one city or county or partly in a city and
partly in a county, the local agency shall comply with the ordinances
of each county or city with respect to the territory of the local
agency that is situated in the particular county or city, and the
ordinances of a county or city shall not be applied to any portion of
the territory of the local agency that is situated outside the
boundaries of the county or city. Notwithstanding the preceding
provisions of this section, this section does not require a school
district or the state when acting under the State Contract Act
(Article 1 (commencing with Section 10100) of Chapter 1 of Part 2 of
Division 2 of the Public Contract Code) to comply with the building
ordinances of a county or city.
(c) Each local agency required to comply with building ordinances
and zoning ordinances pursuant to this section and each school
district whose school buildings are inspected by a county or city
pursuant to Section 53092 shall be subject to the applicable
ordinances of a county or city requiring the payment of fees, but the
amount of those fees charged to a local agency or school district
shall not exceed the amount charged under the ordinance to
nongovernmental agencies for the same services or permits.
(d) Building ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, wastewater,
or electrical energy by a local agency.
(e) Zoning ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, or for the
production or generation of electrical energy, facilities that are
subject to Section 12808.5 of the Public Utilities Code, or
electrical substations in an electrical transmission system that
receives electricity at less than 100,000 volts. Zoning ordinances of
a county or city shall apply to the location or construction of
facilities for the storage or transmission of electrical energy by a
local agency, if the zoning ordinances make provision for those
facilities.
53092. The State Director of Public Works, upon recommendation of
the Division of Architecture, may delegate to any county or city all
or part of the powers and duties of the Division of Architecture
relating to the inspection of construction of school buildings of
school districts within the county or city if, as determined by the
Division of Architecture, the county or city has an adequate building
inspection program. No delegation under this section shall become
effective without the consent of the legislative body of the county
or city to which the delegation is made.
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.
(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
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.
53095. The provisions of this article shall prevail over Sections
17215 and 81035 of the Education Code and over Section 65402 of the
Government Code.
53096. (a) Notwithstanding any other provision of this article, the
governing board of a local agency, by vote of four-fifths of its
members, may render a city or county zoning ordinance inapplicable to
a proposed use of property if the local agency at a noticed public
hearing determines by resolution that there is no feasible
alternative to its proposal. The governing board may not render a
zoning ordinance inapplicable to a proposed use of property when the
proposed use of the property by the local agency is for facilities
not related to storage or transmission of water or electrical energy,
including, but not limited to, warehouses, administrative buildings
or automotive storage and repair buildings. The governing board of a
local agency may make these determinations at the time it approves an
environmental impact report on its proposal required by Division 13
(commencing with Section 21000) of the Public Resources Code. Mailed
notice of the public hearing shall be provided at least 10 days prior
to the hearing, to the owners of all property within 300 feet of the
location of the proposed facility and a notice shall be posted in a
conspicuous place at the proposed site of the facility. If mailed
notice as required above would result in notice to more than 250
persons, as an alternative to mailed notice, notice may be given by
placing a display advertisement of at least one-fourth page in a
newspaper of general circulation within the area affected by the
proposed facility and by posting the notice in a conspicuous place at
the proposed site of the facility.
(b) The board shall, within 10 days, notify the city or county,
whose zoning ordinance has been rendered inapplicable under
subdivision (a), of its action. If the governing board has taken this
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 to determine whether it
was supported by substantial evidence. The evidence before the court
shall include the record of the proceedings before the city, county,
and district. 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 not supported by substantial evidence, 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 local agency.
(c) "Feasible" as used in this section means capable of being
accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, social, and
technological factors.
53097. Notwithstanding any other provisions of this article, the
governing board of a school district shall comply with any city or
county ordinance (1) regulating drainage improvements and conditions,
(2) regulating road improvements and conditions, or (3) requiring
the review and approval of grading plans as these ordinance
provisions relate to the design and construction of onsite
improvements which affect drainage, road conditions, or grading, and
shall give consideration to the specific requirements and conditions
of city or county ordinances relating to the design and construction
of offsite improvements. If a school district elects not to comply
with the requirements of city or county ordinances relating to the
design and construction of offsite improvements, the city or county
shall not be liable for any injuries or for any damage to property
caused by the failure of the school district to comply with those
ordinances.
53097.3. Notwithstanding any other provision of this article, no
school district may render a city or county ordinance inapplicable to
a charter school facility pursuant to this article, unless the
facility is physically located within the geographical jurisdiction
of that school district.
53097.5. A county or city may inspect school buildings, as defined
in Section 39141 of the Education Code, pursuant to guidelines
adopted pursuant to Section 16500 of the Health and Safety Code or
pursuant to any local ordinance regulating substandard conditions in
buildings used for human habitation. The results of the inspections
shall be forwarded to the office of the State Architect.
53090. As used in this article:
(a) "Local agency" means an agency of the state for the local
performance of governmental or proprietary function within limited
boundaries. "Local agency" does not include the state, a city, a
county, a rapid transit district, or a rail transit district whose
board of directors is appointed by public bodies or officers or
elected from election districts within the area comprising the
district, or a district organized pursuant to Part 3 (commencing with
Section 27000) of Division 16 of the Streets and Highways Code.
(b) "Building ordinances" means ordinances of a county or city
regulating building and construction and removal of buildings,
including ordinances relating to the matters set forth in Section
38660 and similar matters, and including ordinances relating to
building permits and building inspection.
53091. (a) Each local agency shall comply with all applicable
building ordinances and zoning ordinances of the county or city in
which the territory of the local agency is situated.
(b) On projects for which state school building aid is requested
by a local agency for construction of school facilities, the county
or city planning commission in which the local agency is located
shall consider in its review for approval information relating to
attendance area enrollment, adequacy of the site upon which the
construction is proposed, safety features of the site and proposed
construction, and present and future land utilization, and report
thereon to the State Allocation Board. If the local agency is
situated in more than one city or county or partly in a city and
partly in a county, the local agency shall comply with the ordinances
of each county or city with respect to the territory of the local
agency that is situated in the particular county or city, and the
ordinances of a county or city shall not be applied to any portion of
the territory of the local agency that is situated outside the
boundaries of the county or city. Notwithstanding the preceding
provisions of this section, this section does not require a school
district or the state when acting under the State Contract Act
(Article 1 (commencing with Section 10100) of Chapter 1 of Part 2 of
Division 2 of the Public Contract Code) to comply with the building
ordinances of a county or city.
(c) Each local agency required to comply with building ordinances
and zoning ordinances pursuant to this section and each school
district whose school buildings are inspected by a county or city
pursuant to Section 53092 shall be subject to the applicable
ordinances of a county or city requiring the payment of fees, but the
amount of those fees charged to a local agency or school district
shall not exceed the amount charged under the ordinance to
nongovernmental agencies for the same services or permits.
(d) Building ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, wastewater,
or electrical energy by a local agency.
(e) Zoning ordinances of a county or city shall not apply to the
location or construction of facilities for the production,
generation, storage, treatment, or transmission of water, or for the
production or generation of electrical energy, facilities that are
subject to Section 12808.5 of the Public Utilities Code, or
electrical substations in an electrical transmission system that
receives electricity at less than 100,000 volts. Zoning ordinances of
a county or city shall apply to the location or construction of
facilities for the storage or transmission of electrical energy by a
local agency, if the zoning ordinances make provision for those
facilities.
53092. The State Director of Public Works, upon recommendation of
the Division of Architecture, may delegate to any county or city all
or part of the powers and duties of the Division of Architecture
relating to the inspection of construction of school buildings of
school districts within the county or city if, as determined by the
Division of Architecture, the county or city has an adequate building
inspection program. No delegation under this section shall become
effective without the consent of the legislative body of the county
or city to which the delegation is made.
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.
(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
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.
53095. The provisions of this article shall prevail over Sections
17215 and 81035 of the Education Code and over Section 65402 of the
Government Code.
53096. (a) Notwithstanding any other provision of this article, the
governing board of a local agency, by vote of four-fifths of its
members, may render a city or county zoning ordinance inapplicable to
a proposed use of property if the local agency at a noticed public
hearing determines by resolution that there is no feasible
alternative to its proposal. The governing board may not render a
zoning ordinance inapplicable to a proposed use of property when the
proposed use of the property by the local agency is for facilities
not related to storage or transmission of water or electrical energy,
including, but not limited to, warehouses, administrative buildings
or automotive storage and repair buildings. The governing board of a
local agency may make these determinations at the time it approves an
environmental impact report on its proposal required by Division 13
(commencing with Section 21000) of the Public Resources Code. Mailed
notice of the public hearing shall be provided at least 10 days prior
to the hearing, to the owners of all property within 300 feet of the
location of the proposed facility and a notice shall be posted in a
conspicuous place at the proposed site of the facility. If mailed
notice as required above would result in notice to more than 250
persons, as an alternative to mailed notice, notice may be given by
placing a display advertisement of at least one-fourth page in a
newspaper of general circulation within the area affected by the
proposed facility and by posting the notice in a conspicuous place at
the proposed site of the facility.
(b) The board shall, within 10 days, notify the city or county,
whose zoning ordinance has been rendered inapplicable under
subdivision (a), of its action. If the governing board has taken this
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 to determine whether it
was supported by substantial evidence. The evidence before the court
shall include the record of the proceedings before the city, county,
and district. 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 not supported by substantial evidence, 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 local agency.
(c) "Feasible" as used in this section means capable of being
accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, social, and
technological factors.
53097. Notwithstanding any other provisions of this article, the
governing board of a school district shall comply with any city or
county ordinance (1) regulating drainage improvements and conditions,
(2) regulating road improvements and conditions, or (3) requiring
the review and approval of grading plans as these ordinance
provisions relate to the design and construction of onsite
improvements which affect drainage, road conditions, or grading, and
shall give consideration to the specific requirements and conditions
of city or county ordinances relating to the design and construction
of offsite improvements. If a school district elects not to comply
with the requirements of city or county ordinances relating to the
design and construction of offsite improvements, the city or county
shall not be liable for any injuries or for any damage to property
caused by the failure of the school district to comply with those
ordinances.
53097.3. Notwithstanding any other provision of this article, no
school district may render a city or county ordinance inapplicable to
a charter school facility pursuant to this article, unless the
facility is physically located within the geographical jurisdiction
of that school district.
53097.5. A county or city may inspect school buildings, as defined
in Section 39141 of the Education Code, pursuant to guidelines
adopted pursuant to Section 16500 of the Health and Safety Code or
pursuant to any local ordinance regulating substandard conditions in
buildings used for human habitation. The results of the inspections
shall be forwarded to the office of the State Architect.
