Planning and ZoningSchool Facilities
Section § 65970
This law states that when new housing developments are built, they often lead to crowded schools because there aren't enough funds to build new classrooms or expand existing ones. It's recognized that current laws can't fix this overcrowding problem quickly. Therefore, California needs new ways to finance temporary school facilities for areas impacted by new housing development.
Section § 65971
This law requires that if a school district identifies overcrowding in its schools, it must inform the local city council or county board. This notice should show evidence that no feasible solutions exist to fix the issue. The notice must include a report on attempted solutions and an application for school building funding. The city or county must publicly display the notice for 60 days before responding. They have between 61 and 150 days to agree or disagree with the notice, potentially extending this period once by 30 days. Not responding is not the same as agreement. If they agree with the findings, specific rules in Section 65972 apply to residential development decisions.
Section § 65972
This law states that if an area is overcrowded, city councils or boards of supervisors cannot approve changing property to residential use, issuing a permit for new residential buildings, or approving new residential subdivisions unless they make one of two findings. First, they can approve it if there’s an existing regulation for managing overcrowding. Second, they can approve it if there are other important reasons, like economic or social benefits, that justify allowing new residential development despite the overcrowding.
Section § 65973
This section defines key terms related to school overcrowding and housing developments. Firstly, "conditions of overcrowding" refer to when a school's student numbers exceed its capacity due to new developments. Secondly, "reasonable methods for mitigating overcrowding" involve strategies like agreements for temporary buildings or utilizing other school districts' facilities. Lastly, "residential development" covers projects with new homes, including mobile homes or subdivisions for constructing houses.
Section § 65974
This law lets cities and counties require land or money for school facilities when approving new housing projects, if there's a shortage of classrooms. The area's general plan must include school sites, and the rules need to be published 30 days before they're enforced. The contributions must directly address the demand for more classrooms caused by new development and cannot exceed five years' worth of rent for those facilities. Builders can also choose to provide temporary school buildings instead. For small developments with 50 parcels or less, only fees can be requested. Additionally, for projects approved by a special plan before September 1, 1986, existing contracts requiring school fees or land won't follow newer laws, and developers' fees must comply with state guidelines.
The fees collected should be used strictly for interim classroom facilities, and unused fees should follow specific financial rules. If fees are higher than set limits, they will not affect funding applications for school construction projects.
Section § 65974.5
This law allows school district boards to use certain funds collected before September 1, 1986, for building or rebuilding schools. However, they must first hold a public meeting to discuss how the money will be spent.
Section § 65975
This law section states that when a school district gets approval for a school project under the State School Building Lease-Purchase Law of 1976 in an area where certain fees or land have been collected or received, it can use those resources to cover 10% of the project's cost. If fees were collected, they can be applied to the district’s 10% contribution. If land was received, the district can use its fair market value for the 10% contribution, but the project must be built on that land, and the complete 10% cost must be paid upfront. This does not allow for collecting additional fees beyond what's already set by law.
Section § 65976
Before a city council or board can decide whether a land dedication or fee is needed due to school overcrowding, the local school district must provide a plan. This plan should explain how they'll use the land or money to address the overcrowding, detailing which school sites and classroom facilities will be used and when. If the school district can't follow the initial plan, they have to present any changes, along with reasons, to the city or board.
Section § 65977
This law section states that if two school districts have overcrowded schools in the same area, the local city or county government must work with both school districts to decide how to share the money collected from certain fees meant to address this issue.
Section § 65978
Schools getting funding under this law must keep a separate account for any fees they receive. They need to report by October 15 each year to the city council or board of supervisors, detailing their financial balance, building projects, and any land given in the past year. They should also mention which school areas are still overcrowded or not.
The city council or board can allow a 30-day extension for filing the report if there are special circumstances. If the report isn't filed properly, requirements to pay fees or give land can be waived.
Once overcrowding is no longer an issue, the city or county must stop charging fees or asking for land donations under this law.
Section § 65979
This law states that after a school receives funding for construction under the Leroy F. Greene State School Building Lease-Purchase Law, cities or counties can't charge fees or require land dedication for school facility needs within that school's area. However, if it's found that continued housing development will lead to overcrowding even during or after the school's construction, fees or land dedication might still be required to prevent this issue. If collected fees or dedicated land aren't used to address overcrowding, they must be refunded to the payer or contributor.
Section § 65980
This section explains the terms related to approving residential developments and the facilities involved. When a residential development gets approved, it includes getting the building permit. The terms ‘classroom facilities’ and ‘school facilities’ specifically refer to temporary setups called ‘interim facilities.’
‘Interim facilities’ are temporary classrooms and toilets that aren't built with permanent foundations. They include any temporary classrooms or toilets, the necessary land for these structures, and the preparations needed for installing them.
Section § 65980.1
Section § 65981
When a city or county approves a new subdivision, a school district can recommend charging fees to help pay for temporary school facilities. But the school district must submit its fee recommendation to the city or county within 60 days after the initial development permit is issued. If the district misses this deadline, it loses the right to request these fees for that project.