People ex rel. Cooper v. Rancho Santiago College
Opinion
Lead Opinion
Moore, J.
The primary question presented in this appeal is whether Government Code section 53094 permits a school district to render a city *1283 zoning ordinance inapplicable to a commercial swap meet conducted in the district’s parking lot. 1 We hold it does not.
Facts
On January 12, 1988, Rancho Santiago College (College), a community college in the City of Santa Ana (City), and the Santiago Club (Club), an organization neither affiliated with nor part of College, entered into an agreement allowing Club to operate a swap meet in College’s parking lot on Sundays from 8 a.m. to 6 p.m. 2 The swap meet began operation January 17. While College does not participate in operating the swap meet, both it and the Rancho Santiago College Foundation receive a percentage of the swap meet’s gross receipts.
On January 21, City and its attorney filed a one-count complaint against College and Club to enjoin operation of the swap meet. City alleged the *1284 parking lot is zoned open space under its zoning ordinances, and a swap meet is not a permitted use. On February 23, College adopted a resolution pursuant to section 53094 declaring City’s zoning ordinances inapplicable to “all property of…