HomeMy WebLinkAboutCity Council resolution 02-017 RESOLUTION NO. 02-017
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
ENDORSING ASSEMBLY BILL 2515
WHEREAS, resident of Saratoga have for many years expressed concern that a stadium facility at
the West Valley College campus of the West Valley-Mission Community College District
("District") would have serious adverse consequences for the community; and
WHEREAS, at the time the campus was proposed in the late 1960s, the District proposed that no
stadium would be developed as part of the campus and agreed to issuance of a use permit for the
campus subject to the condition that no stadium would be developed; and
WHEREAS, the District confirmed its agreement with this condition in 1979 by proposing an
amendment to its use permit clarifying the stadium limitation and agreeing that the limitation
would continue to apply even in the vent that the use permit itself ceased to apply; and
WHEREAS, the City approved the amendment proposed by the District without opposition by
the District; and
WHEREAS, the District has claimed that it is not obligated to comply with the stadium limitation
or any other provision of the use permit by virtue of Government Code section 53094; and
WHEREAS, the Legislature could not have intended to authorize community college districts to
renege on agreements made with local governments; and
WHEREAS, Assembly Bill 2515, introduced by Assembly member Fred Keeley and attached
hereto as Exhibit A, would amend Government Code section 53094 to require community college
districts to abide by agreements made with local governments during the land use planning
process.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga hereby
endorses Assembly 1311i 2515 and urges the legislature of the State of California to adopt the
measure in order to remedy the inequitably manner in which Government Code section 53094 is
being applied; and
BE IT FURTHER RESOLVED that the City Council hereby directs the City Manager to cause a
copy of this resolution to be provided to Assembly Member Keeley and such other members of
the Legislature, as the City Manager deems prudent to promote passage of the bill.
PASSED AND ADOPTED by the Saratoga City Council, State of California, this 20th day of
46.0 March, 2002, by the following vote:
AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith
Vice Mayor Evan Baker, Mayor Nick Streit
NOES:
ABSENT:
ABSTAIN:
Nick Streit, Mayor
TEST: /
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Attachments
`r Exhibit A: Assembly Bill 2515
Extnibl A-
CALIFORNIA LEGISLATURE-2001-02 REGULAR SESSION
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ASSEMBLY BILL No. 2515
Introduced by Assembly Member Keeley
February 21, 2002
An act to amend Section 53094 of the Government Code,relating to
zoning.
LEGISLATIVE COUNSEL'S DIGEST
AB 2515, as introduced, Keeley. Zoning: community college
district.
Existing law authorizes the governing board of a school district,by
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.
This bill would also except from the authority of the governing board
of a school district to take that action,a proposed use by a community
college district that would conflict with a use permit condition proposed
by the district and adopted by the city or county without objection from
the district.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program:no.
The people of the State of Califinnia do enact as follows:
1 SECTION 1. Section 53094 of the Government Code is
2 amended to read:
3 53094. (a) Notwithstanding any other provision of this
4 article,this article does not require a school district to comply with
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AB 2515 —2—
kW 1 the zoning ordinances of a county or city unless the zoning
2 ordinance ...mak.,., pr.,..,,n,.. provides for the location of public
3 schools and unless the city or county has adopted a general plan.
4 (b) Notwithstanding subdivision(a), the governing board of a
5 school district;that has complied wither Section
6 65352.2 of this code and Section 21151.2 of the Public Resources
7 Code,by a vote of two-thirds of its members,may render a city or
8 county zoning ordinance inapplicable to a proposed use of
9 property by the school district. The governing board of the school
10 district may not take this action when either the proposed use of
11 the property by the school district is for nonclassroom facilities,
12 including, but not limited to, warehouses, administrative
13 buildings, and automotive storage and repair buildings, or the use
14 is proposed by a community college district and would conflict
15 with a use permit condition proposed by the community college
16 district and adopted by the city or county without objection from
17 the community college district.
18 (c) The governing board of the school district shall,within 10
19 days, notify the city or county concerned of any action taken
20 pursuant to subdivision(b). If the governing board has taken such
21 an action, the city or county may commence an action in the
22 superior court of the county whose zoning ordinance is involved
23 or in which is situated the city whose zoning ordinance is involved,
24 seeking a review of the action of the governing board of the school
25 district to determine whether it was arbitrary and capricious. The
26 city or county shall cause a copy of the complaint to be served on
27 the board. If the court determines that the action was arbitrary and
28 capricious, it shall declare it to be of no force and effect, and the
29 zoning ordinance in question shall be applicable to the use of the
30 property by the school district.
31 SEC. 2. It is the intent of the Legislature that the provisions
32 of this act be given retroactive effect. Therefore, any action taken
33 prior to January 1, 2003,by a community college district to render
34 a city or county zoning ordinance inapplicable to a proposed use
35 of property is hereby declared to be void and of no force or effect
36 if the proposed use would conflict with a use permit condition
37 proposed by the community college district and adopted by the city
38 or county without objection from the community college district.
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