Cal. Code Regs. Tit. 2, § 1859.163.2 - Preliminary Charter School Apportionment Site Acquisition Value
If the Preliminary Charter School Application includes a request for site acquisition funding, the preliminary value of the proposed site shall be the sum of the following:
(a) The value of the property determined by
one of the following:
(1) By an appraisal or
a preliminary appraisal of the property made no more than six months prior to
the date the Preliminary Charter School Application was submitted to the OPSC,
using the guidelines outlined in Section
1859.74.1. The preliminary
appraisal may be made without access to the property.
(2) The Median Cost of an acre of land in the
Charter School General Location using historical information in the Charter
School General Location multiplied by the number of proposed Useable Acres
requested on Form SAB 50-09. Historical information that may be considered to
determine land cost shall include prior real-estate sales consummated and
documented by the county recorder or pending real-estate sales documented by a
title insurance company's escrow instructions. For purposes of historical
information include all real-estate sales consummated and documented by the
county recorder for a minimum of six months and a maximum of up to two years
prior to the date the Preliminary Charter School Application was submitted to
the OPSC.
(b) An amount
for the estimated relocation cost and the estimated DTSC costs for review,
approval and oversight of the POESA and the PEA as determined by one of the
following:
(1) 15 percent of the value
determined in (a).
(2) The sum of
the following:
(A) The approved relocation
expenses for the specific site to be acquired that conform to Title 25,
California Code of Regulations, Section
6000, et. seq.
(B) The DTSC cost for review, approval, and
oversight of the POESA and the PEA for the specific site to be
acquired.
(3) The
estimated relocation cost and the estimated DTSC costs for review, approval and
oversight of the POESA and the PEA using historical information in the Charter
School General Location. Historical information that may be considered to
determine these estimated costs may include prior real-estate acquisitions of
the district or other districts in the Charter School General
Location.
(c) Four
percent of the amount determined in (a), but not less than $50,000. This amount
shall provide an allowance of any appraisal, escrow, survey, site testing, CDE
review/approvals and preparation of the POESA and the PEA.
(d) For allowable costs of hazardous
material/waste removal and remediation costs, up to one-half times the value of
the property determined in either (a)(1) or (a)(2) above.
Notes
2. Certificate of Compliance as to 6-1-2004 order, including amendment of subsection (b)(3), transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
3. Amendment of NOTE filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
Note: Authority cited: Sections 17070.35 and 17078.64, Education Code. Reference: Section 17078.52, Education Code.
2. Certificate of Compliance as to 6-1-2004 order, including amendment of subsection (b)(3), transmitted to OAL 9-29-2004 and filed 11-10-2004 (Register 2004, No. 46).
3. Amendment of Note filed 5-17-2007; operative 5-17-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 20).
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