(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 4.7. School Facilities
65970. The Legislature finds and declares as follows:
(a) Adequate school facilities should be available for
children residing in new residential developments.
(b) Public and private residential developments may
require the expansion of existing public schools or
the construction of
new school facilities.
(c) In many areas of the state, the funds for the construction
of new classroom facilities are not available when
new
development occurs, resulting in the overcrowding of
existing schools.
(d) New housing developments frequently cause conditions
of overcrowding in existing school facilities which
cannot be
alleviated under existing law within a reasonable period
of time.
(e) That, for these reasons, new and improved methods
of financing for interim school facilities necessitated
by new
development are needed in California.
(Added by Stats. 1977, Ch. 955.)
65971. (a) The governing body of a school district which
operates an elementary or high school shall notify
the city council or
board of supervisors of the city or county within which
the school district is located if the governing body
makes both of the
following findings supported by clear and convincing
evidence:
(1) That conditions of overcrowding exist in one or
more attendance areas within the district which will
impair the normal
functioning of educational programs including the reason
for the existence of those conditions.
(2) That all reasonable methods of mitigating conditions
of overcrowding have been evaluated and no feasible
method for
reducing those conditions exist.
(b) The notice of findings sent to the city or county
pursuant to subdivision (a) shall specify the mitigation
measures
considered by the school district. The notice of findings
shall include a completed application to the Office
of Public School
Construction for preliminary determination of eligibility
under the Leroy F. Greene State School Building Lease-Purchase
Law
of 1976 (Chapter 22 (commencing with Section 17700)
of Part 10 of the Education Code). The city council
or board of
supervisors shall take no action on the notice of findings
sent to the city or county pursuant to subdivision
(a) until the findings
have been made available to the public for 60 days after
the date of receipt by the city or county. The city
council or board of
supervisors shall either concur or not concur in the
notice of findings within 61 days to 150 days after
the date of receipt of the
findings. The city council or board of supervisors may
extend the period to concur or not to concur for one
30-day period. The
failure of the city council or board of supervisors
to either concur or not concur within the time period
prescribed in this
subdivision shall not be deemed as an act of concurrence
in the notice of findings by the council or board.
The date of receipt of the notice of findings is the
date when all of the materials required by this section
are completed and
filed by the school district with the city council or
board of supervisors.
If the city council or board of supervisors concurs
in those findings Section 65972 shall be applicable
to actions taken on
residential development by the city council or board
of supervisors.
(Added by Stats. 1977, Ch. 955; Amended by Stats. 1985,
Ch. 1498; Amended by Stats. 1994, Ch. 1228.)
65972. Within the attendance area where it has been
determined pursuant to Section 65971 that conditions
of overcrowding exist,
the city council or board of supervisors shall not approve
an ordinance rezoning property to a residential use,
grant a
discretionary permit for residential use, or approve
a tentative subdivision map for residential purposes,
within such area,
unless the city council or board of supervisors makes
one of the following findings:
(1) That an ordinance pursuant to Section 65974 has
been adopted, or
(2) That there are specific overriding fiscal, economic,
social, or environmental factors which in the judgment
of the city
council or board of supervisors would benefit the city
or county, thereby justifying the approval of a residential
development
otherwise subject to Section 65974.
(Added by Stats. 1977, Ch. 955.)
65973. As used in this chapter the following terms means:
(a) "Conditions of overcrowding" means that
the total enrollment of a school, including enrollment
from proposed
development, exceeds the capacity of the school as determined
by the governing body of the district.
(b) "Reasonable methods for mitigating conditions
of overcrowding" shall include, but are not limited
to, agreements
between a subdivider or builder and the affected school
district whereby temporary-use buildings will be leased
to the school
district or temporary-use buildings owned by the school
district will be used and agreements between the affected
school
district and other school districts whereby the affected
school district agrees to lease or purchase surplus
or underutilized
school facilities from other school districts.
(c) "Residential development" means a project
containing residential dwellings, including mobilehomes,
of one or more
units or a subdivision of land for the purpose of constructing
one or more residential dwelling units.
(Added by Stats. 1977, Ch. 955; Amended by Stats. 1985,
Ch. 1498.)
65974. (a) For the purpose of establishing an interim
method of providing classroom facilities where overcrowded
conditions
exist, as determined necessary pursuant to Section 65971,
and notwithstanding Section 66478, a city, county,
or city and
county may, by ordinance, require the dedication of
land, the payment of fees in lieu thereof, or a combination
of both, for
classroom and related facilities for elementary or high
schools as a condition to the approval of a residential
development, if all
of the following occur:
(1) The general plan provides for the location of public
schools.
(2) The ordinance has been in effect for a period of
30 days prior to the implementation of the dedication
or fee requirement.
(3) The land or fees, or both, transferred to a school
district shall be used only for the purpose of providing
interim
elementary or high school classroom and related facilities.
If fees are paid in lieu of the dedication of land
and those fees are
utilized to purchase land, no more land shall be purchased
than is necessary for the placement thereon of interim
facilities.
(4) The location and amount of land to be dedicated
or the amount of fees to be paid, or both, shall bear
a reasonable
relationship and be limited to the needs of the community
for interim elementary or high school facilities and
shall be
reasonably related and limited to the need for schools
caused by the development. However, the value of the
land to be
dedicated or the amount of fees to be paid, or both,
shall not exceed the amount necessary to pay five annual
lease payments
for the interim facilities. In lieu of the dedication
of land or the payment of fees, or both, the builder
of a residential
development may, at his or her option and at his or
her expense, provide interim facilities, owned or controlled
by the builder,
at the place designated by the school district, and
at the conclusion of the fifth school year the builder
shall, at the builder's
expense, remove the interim facilities from that place.
(5) A finding is made by the city council or board of
supervisors that the facilities to be constructed from
the fees or the land
to be dedicated, or both, is consistent with the general
plan.
(b) The ordinance may specify the methods for mitigating
the conditions of overcrowding which the school district
shall
consider when making the finding required by paragraph
(2) of subdivision (a) of Section 65971.
(c) If the payment of fees is required, the payment
shall be made at the time the building permit is issued
or at a later time as
may be specified in the ordinance.
(d) Only the payment of fees may be required in subdivisions
containing 50 parcels or less.
(e) Notwithstanding any other provision of this chapter,
contracts entered into or contracts to be entered into
pursuant to a
School Facilities Master Plan administered by a Joint
Powers Authority created under Chapter 5 (commencing
with Section
6500) of Division 7 of Title 1 of the Government Code
for a designated community plan area adopted by a city,
county, or city
and county, whether general law or chartered, on or
before September 1, 1986, that requires the payment
of a fee, charge, or
dedication for the construction of school facilities
as a condition to the approval of residential development
shall not be subject
to the provisions of subdivision (b) of Section 65995.
However, in determining developer fees under that school
facilities
master plan, the cost and maximum building area standards
for school buildings prescribed by Chapter 22 (commencing
with
Section 17700) of Part 10 of the Education Code shall
apply, and the school district or districts involved
are required to have
on file with the Office of Public School Construction,
and actively pursue in good faith, an application for
preliminary
determination of eligibility for project funding under
that chapter, and shall actively pursue in good faith
the establishment of a
community capital facilities district or other permanent
financing mechanisms to reduce or eliminate developer
fees.
Any fees collected or land dedicated after September
1, 1986, pursuant to this section, and not used to
avoid overcrowding
of the facilities to be built pursuant to the school
facilities master plan, shall be subject to disposition
in accordance with
subdivision (b) of Section 65979.
Fees collected in excess of the limitations set forth
in subdivision (b) of Section 65995 for schools constructed
under that
school facilities master plan shall neither advantage
nor disadvantage a school district's application for
project funding under
Chapter 22 (commencing with Section 17700) of Part 10
of the Education Code.
(Amended by Stats. 1982, Ch. 923. Effective September
13, 1982; Amended by Stats. 1985, Ch. 1498; Amended
by Stats.
1986, Ch. 887; Amended by Stats. 1994, Ch. 1228.)
65974.5. Notwithstanding any other provision of this
chapter, the governing board of any school district
that receives funds that
are collected pursuant to this chapter under a local
ordinance, resolution, or other regulation in existence
on September 1,
1986, may expend those funds for any of the construction
or reconstruction purposes authorized under Section
53080, where
the governing board has first held a public hearing
on the subject of the proposed expenditure.
(Added by Stats. 1989, Ch. 1209. Effective October 1,
1989.)
65975. (a) Whenever a school district has received approval,
under the State School Building Lease-Purchase Law
of 1976, (Ch.
22 (commencing with Section 17700), Pt. 10, Ed. C.)
of a school project to be constructed in an attendance
area where fees
have been collected pursuant to Section 65974, all or
a portion of the fees so collected for interim facilities
may be used by the
district to provide its 10 percent of the project as
required by item (1) of Section 17761 of the Education
Code. Nothing in this
section shall increase the amount of fees that would
otherwise be collected pursuant to Section 65974.
(b) Whenever a school district has received approval,
under the State School Building Lease-Purchase Law
of 1976 (Ch. 22
(commencing with Section 17700), Pt. 10, Ed. C.), of
a school project to be constructed in an attendance
area where land has
been received pursuant to Section 65974, the district
may use the fair market value of the land to provide
all or a portion of its
10 percent of the school project as required by item
(1) of subdivision (a) of Section 17761. In order to
use the value of land to
meet the 10 percent match requirement, the district
shall construct the capital outlay project on the land
used to make the
match, and shall provide the full 10 percent of the
project cost at one time as provided in item (1) of
subdivision (a) of Section
17761 of the Education Code.
(Added by Stats. 1983, Ch. 1254.)
65976. As part of the notice required by Section 65971,
or in any event before the city council or board of
supervisors make a
decision to require the dedication of land or the payment
of fees, or both, or to increase the amount of land
to be dedicated or
the fees to be paid, or both, the governing body of
the school district shall submit a schedule to the
city council or board of
supervisors specifying how the school district will
use the land or fees, or both, to solve the conditions
of overcrowding. The
schedule shall include the school sites to be used,
the classroom facilities to be made available, and
the times when those
facilities will be available. If the governing body
of the school district cannot meet the schedule, it
shall submit modifications
to the city council or board of supervisors and the
reasons for the modifications.
(Added by Stats. 1977, Ch. 955; Amended by Stats. 1985,
Ch. 1498.)
65977. Where two separate school districts operate schools
in an attendance area where overcrowding conditions
exist for both
school districts, the governing body of the city or
county shall enter into an agreement with the governing
body of each school
district for the purpose of determining the distribution
of revenues from the fees levied pursuant to this chapter.
(Added by Stats. 1977, Ch. 955.)
65978. Any school district receiving funds pursuant to this chapter shall maintain a separate account for any fees paid and shall file a report with the city council or board of supervisors on the balance in the account at the end of the previous fiscal year; the facilities leased, purchased, or constructed; and the dedication of land during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. The report shall be filed by October 15 of each year and shall be filed more frequently at the request of the board of supervisors or city council. The board of supervisors or city council may approve a 30-day extension for the filing of the report in the case of extenuating circumstances, as determined by the board of supervisors or city council. During the time that the report has not been filed in the manner prescribed in this section, there shall be a waiver of any performance of the payment of fees or the dedication of land. If overcrowding conditions no longer exist, the city or county shall cease levying any fee or requiring the dedication of any land pursuant to this chapter. (Amended by Stats. 1984, Ch. 1062.)
65979. (a) One year after receipt of an apportionment
pursuant to the Leroy F. Greene State School Building
Lease-Purchase
Law of 1976 (Chapter 22 (commencing with Section 17700
of Part 10 of the Education Code) for the construction
of a school,
the city or county shall not be permitted thereafter,
pursuant to this chapter or pursuant to any other school
facilities financing
arrangement the district may have with builders of residential
development, to levy any fee or to require the dedication
of any
land within the attendance area of the school for which
the apportionment was received. However, any time after
receipt of the
apportionment there may be a determination of overcrowding
pursuant to Section 65971, if both of the following
further
findings are made:
(1) That during the period of construction, or after
construction has been completed, additional overcrowding
would occur
from continued residential development.
(2) That any fee levied and any required dedication
of land levied after the receipt of the construction
apportionment can be
used to avoid the additional overcrowding prior to the
school being available for use by the school district.
(b) Any amounts of fees collected or land dedicated
after the receipt of the construction apportionment
and not used to avoid
overcrowding shall be returned to the person who paid
the fee or made the land dedication.
(Amended by Stats. 1980, Ch. 1354. Effective September
30, 1980; Amended by Stats. 1985, Ch. 1498; Amended
by Stats.
1986, Ch. 136.)
65980. For the purposes of Section 65974 the following
terms means:
(a) "Approval of a residential development"
means any approval for the development prior to and
including the issuance of a
building permit for the development.
(b) "Classroom facilities," "classroom
and related facilities," and "elementary
or high school facilities" mean "interim
facilities" and shall include no other facilities.
(c) "Interim facilities" are limited to any
of the following:
(1) Temporary classrooms not constructed with permanent
foundation and defined as a structure containing one
or more
rooms, each of which is designed, intended, and equipped
for use as a place for formal instruction of pupils
by a teacher in a
school.
(2) Temporary classroom toilet facilities not constructed
with permanent foundations.
(3) Reasonable site preparation and installation of
temporary classrooms.
(4) Land necessary for the placement thereon of any
of the facilities described in paragraph (1) or (2).
(Amended by Stats. 1980, Ch. 1354. Effective September
30, 1980. Amended by Stats. 1985, Ch. 1498.)
65980.1. Notwithstanding Section 69580, for the purposes
of Section 65974, interim facilities shall include
leased residential
dwellings used by the Lodi Unified School District for
school purposes.
(Added by Stats. 1983, Ch. 82. Effective June 14, 1983.)
Note: Stats. 1983, Ch. 82, also reads:
SEC. 2. Due to the unique circumstances concerning the
school facilities in the Lodi Unified School District,
the Legislature
finds and declares that a general statute cannot be
made applicable within the meaning of Section 16 of
Article IV of the
California Constitution.
65981. If an ordinance has been adopted pursuant to
Section 65974 which provides for the school district
governing body to
recommend the fees for providing interim facilities
that are to be assessed on a development as a condition
of city or county
approval of a subdivision, such recommendation shall
be required to be submitted to the respective city
or county within 60
days following the issuance of the initial permit for
the development. Failure to provide the recommendation
of fees to be
assessed within the 60-day period shall constitute a
waiver by the governing body of the school district
of its authority to
request fees pursuant to this chapter.
(Added by Stats. 1979, Ch. 282. Effective July 24, 1979.)