When it is determined that school facilities must be built or expanded to accommodate a growing number of students, the Governing Board shall consider appropriate methods of financing for the purchase of school sites and the construction of buildings. In addition, financing may be needed when safety considerations and educational program improvements require the replacement, reconstruction or modernization of existing facilities.
The Superintendent or designee shall research funding alternatives and recommend to the Board the method that would best serve district needs as identified in the district's master plan for school facilities.
(cf. 7110 - Facilities Master Plan)
Developer Fees
In order to finance the construction or reconstruction of school facilities needed to accommodate students coming from new development, the Board may levy and collect developer fees on residential, commercial and industrial construction within the district, subject to restrictions specified by law. (Education Code 17620, Government Code 65995, 65996)
Before taking action to impose developer fees, the Board shall: (Government Code 66001)
1. Identify the purpose of the fee and the use to which the fee will be put.
2. Determine a reasonable relationship between the fee's use and the type of development project for which the fee is imposed.
3. Determine a reasonable relationship between the need for the public facility and the type of development project for which the fee is imposed.
4. Determine a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributed to the development for which the fee is imposed.
The Superintendent or designee shall establish an appeals process for the handling of protests by developers. (Education Code 17621)
Mello-Roos District
In order to form a Mello-Roos community facilities district which may issue bonds and/or levy a special tax to finance school construction, the Superintendent or designee shall recommend to the Board related goals and policies addressing the following: (Government Code 53312.7)
1. The priority that various facilities shall have for financing through the Mello-Roos district
2. The credit quality to be required of bond issues and criteria to be used in evaluating the credit quality
3. Steps by which prospective property purchasers shall be fully informed about their related taxpaying obligations
4. Criteria for evaluating the equity of tax allocation formulas
5. Maximum tax burdens to be levied against any parcel
6. Definitions, standards and assumptions to be used in appraisals required by Government Code 53345.8
(cf. 5116 - School Attendance Boundaries)
The proceeds of any bonds, notes or other securities issued pursuant to the Mello-Roos Community Facilities Act shall be deposited or invested in accordance with Government Code 53356.03.
School Facilities Improvement District
The district may form a school facilities improvement district to finance any or all of the improvements set forth in Education Code 15302. The territory of the school facilities improvement district shall include all of the territory that is not included in the existing Mello-Roos District. (Education Code 15301)
Legal Reference:
EDUCATION CODE
15100-17059.2 School bonds, especially:
15122.5 Ballot statement
15300-15327 School facilities improvement districts
17000-17059.2 State School Building Lease-Purchase Law of 1976
17060-17066 Joint venture school facilities construction projects
17085-17095 State Relocatable Classroom Law of 1979
17582 District deferred maintenance fund
17620 Levies against development projects by school districts
17621 Procedures for levying fees
17622 School districts; levies on enclosed agricultural space
17623 Agreements between districts
17624 Refund of fee or charge
17625 Levies against manufactured home or mobile home
17626 Fee not allowable for reconstruction of structure damaged by disaster
GOVERNMENT CODE
6061 One time notice
6066 Two weeks' notice
50075-50077 Voter-approved special taxes
50079 School districts; qualified special taxes
53175-53187 Integrated Financing District Act
53311-53368.3 Mello-Roos Community Facilities Act of 1982
53753 Assessment notice and hearing requirements
53753.5 Exemptions
54954.1 Mailed notice to property owners
54954.6 New or increased tax or assessment; public meetings and hearings; notice
65864-65867 Development agreements
65970-65980.1 School facilities development project
65995 Levies against development projects for school facilities construction
66000-66008 Fees for development projects
66016-66018 .5 Development project fees
66020-66025 Protests and audits
HEALTH AND SAFETY CODE
33000-33071 Community redevelopment law
33100-33142 Redevelopment agencies
33445.5 Overcrowding of schools resulting from redevelopment
33446 School construction by redevelopment agency
33492.15 Redevelopment agency apportionments to school districts
33607.5 Redevelopment plans; payments to affected taxing entities
33607.7 Plans adopted before 1994; payments to affected taxing entities
STREETS AND HIGHWAYS CODE
22500-22679 Landscaping and Lighting Act of 1972
CONSTITUTION OF THE STATE OF CALIFORNIA
Article 13D, Section 1-6 Assessment and property related fee reform
UNCODIFIED STATUTES
17696-17696.98 Greene-Hughes School Building Lease-Purchase Bond Law of 1986
COURT DECISIONS
Nollan v. California Coastal Commission, (1987) 107 S.Ct. 3141
Dolan v. City of Tigard, (1994) 114 S. Ct. 2309
Mira Development Corporation v. City of San Diego, (1988) 205 Cal.App.3d 1201, 252 Cal.Rptr. 825
Garrick Development Co. v. Hayward Unified School District, (1992) 3 Cal.App.4th 320, 4 Cal.Rptr.2d 897
Canyon North Co. v. Conejo Valley Unified School District, (1993) 19 Cal.App.4th 243, 23 Cal.Rptr.2d 495
Loyola Marymount University v. Los Angeles Unified School District, (1996) 45 Cal.App.4th 1256
Ehrlich v. City of Culver City, (1996) 12 Cal.4th 854
ATTORNEY GENERAL OPINIONS
79 Ops.Cal.Atty.Gen. 149 (1996)
Management Resources:
CDE MANAGEMENT ADVISORIES
Department of General Services, Office of Public School Construction: http://www.opsc.dgs.ca.gov
Policy STANDARD SCHOOL DISTRICT
adopted: March 17, 1998 Bakersfield, California