APPLICABILITY OF ZONING REGULATIONS TO JUNIOR COLLEGE DISTRICT

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OFFICE OF TIDE CITY ATTGRNEY OPINION ~f0. 73-58 August 21, 1973 SUBJECT: Applicability of Zoning Regulations To Junior College District REQUESTED BY: Planning Director OPINION BY: James A. Withers, City Attorney By Charles J. Liberto, Assistant City Attorney QUESTION: Are the zoning regulations of the City of Santa Ana applicable to the Rancho Santiago Community College district? ANSWER: Yes ANALYSIS I-i your memorandum of August 10, 1973, you indicated to us that the' Rancho Santiago Community College district has submitted a conditional use permit for establishment of a "Child Development Center" at 1407 Martha Lane in the R1 district. Your questions to us were Should it go under a CUP per Section 41-332(1)(8) or would a simple request by letter under Government Code Section 65402 suffice". The answer is that a conditional use permit should be required from a college district designed to use an R1 parcel for the purposes of a day care center. Government Code Section 65402 is inapplicable. The general rule as stated in Title 5, Division 2, Part 1, Article V, Section 53091 of the California State Government Code requires that all school districts comply with all applicable zoning ordinances of the city in which the territory of the school district is located. School districts are not required to comply with the zoning ordinances of the city unless the zoning ordinance makes provision for the location of public schools and unless the City Planning Commission has adopted a master plan. The City of Santa Ana has adopted a master plan - provide for public schools within the R1 zone. (S.A.M.C. §41-232(1)(2) "Public schools, colleges, and universities are specifically required to obtain conditional use permits prior to locating in an Rl district (S.A.M.C. § 41-232 (i)(2); Day nurseries and nursery schools are similarly required to obtain conditional use permits (S.A.M.C. § 41-252(~i)(~i). 116