School facilities: schoolsite acquisition.

(1) Existing law requires the governing board of a school district, 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, to make certain findings, including 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 a rural school district to make an additional finding that the school district has provided notice to the planning commission having jurisdiction and that the planning commission has approved the acquisition of the property for the schoolsite or for an addition to the present schoolsite in accordance with specified provisions. (2) Existing law requires the governing board of a school district before acquiring title to property for a new schoolsite or for an addition to a present schoolsite, to give the planning commission having jurisdiction notice in writing of the proposed acquisition. Existing law requires the planning commission to investigate the proposed site and within 30 days after receipt of the notice to submit to the governing board of the school district a written report of the investigation and its recommendations concerning acquisition of the site. Existing law prohibits the governing board of the school district from acquiring title to the property until the report of the planning commission has been received, and prohibits, if the report does not favor the acquisition of the property for a schoolsite, or for an addition to a present schoolsite, the governing board of the school district from acquiring title to the property until 30 days after the commission's report is received. This bill would prohibit, if the report does not favor the acquisition of the property for a schoolsite, or for an addition to a present schoolsite, and the property is designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, the governing board of the school district from acquiring title to the property. In that case, the bill would require the governing board of the school district and the planning commission having jurisdiction to meet to review and consider specified issues to determine the need for and appropriate location of the schoolsite or addition to the present schoolsite, and would require the governing board of the school district to provide notice of the time and place of that meeting, as specified. The bill would provide that these provisions only apply to rural school districts. By imposing additional duties on school districts and planning commissions, the bill would impose a state-mandated local program. (3) Existing law authorizes the governing board of a school district, by a 23 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 prohibit the governing board of a rural school district from exercising this authority for property that is designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production if a specified report from the planning commission with jurisdiction does not favor the acquisition of the property for a schoolsite, or for an addition to a present schoolsite. This bill also would require the governing board of a school district to comply with the findings requirements discussed in paragraph (1) above, before using this authorization to render a city or county zoning ordinance inapplicable to a proposed use of school district property. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.