2005 California Government Code Sections 65970-65981 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.
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.
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.
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.
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.
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.
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.
65976.  As a 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.
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.
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.
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.
65980.  For the purposes of Section 65974 the following terms mean:
   (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).
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.
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.