In addition to any other funding authorized by these
Regulations, the Board shall provide funding equal to 50 percent of the
following approved site development and applicable design costs:
(a) Service site development cost, within
school property lines for:
(1) Site clearance
including the removal of trees, brush, and debris.
(2) Demolition and removal of existing
buildings and site improvements which lie in the footprint of a proposed
building or proposed site development.
(3) Removal and rerouting of existing utility
service which lie in the footprint of a proposed building or proposed site
development.
(4) Rough grading
including cut and fill, and leveling and terracing operations required in the
design of the project.
(5) Soil
compaction adhering to common engineering practices and engineered fill that is
required by a soils report that is available for review by the OPSC.
(6) On-site drainage facilities including
inlets below grade drainage facilities and retention basins.
(7) Erosion control improvements such as
plant material, temporary sprinkler systems, jute mesh and straw, due to
embankments having a slope of at least two to one and a vertical height greater
than six feet.
(8) Outside
stairways, handicap ramps and retaining walls due to embankments having a slope
of at least two to one and a vertical height greater than six feet.
(9) Relocation of existing portable buildings
which lie in the footprint of a proposed building or proposed site development
including the cost for set-up and utilities if the portable will be relocated
on the same site. If the portable will be moved to another site, only the costs
to move the portable to the new location.
(10) Fire code requirements on site that are
not a part of the building.
(11)
Funding for parking structures on a new construction project when all the
following have been met:
(A) The new
construction project will be located on site acreage that is less than 50
percent of the site size recommended by the CDE for the master planned project
capacity.
(B) The number of parking
stalls to be funded does not exceed 2.25 for each classroom constructed in an
elementary or middle school project.
(C) The number of parking stalls to be funded
does not exceed six for each high school classroom constructed in a high school
project that will serve 9-12 pupils.
(D) The state grant does not exceed $7,500
per parking stall. The amount shown shall be adjusted annually in the manner
prescribed in Section
1859.71.
(E) The parking structure is any of the
following:
1. It is multilevel and has at
least two floors of parking space.
2. It is single level with site development
above the single level parking space.
3. It is single level that is subterranean or
below ground level with site development above the single level parking
space.
4. It is single level with
buildings above the single level parking space.
(12) Removal and relocation of portable
classrooms on a site eligible for replacement funding pursuant to Sections
1859.82.1 or
1859.82.2 that are available for
housing pupils pursuant to Section
1859.35(a).
(b) Off-site development cost on
up to two immediately adjacent sides of the site, for the following:
(1) Curbs, gutters and paving of streets not
to exceed one-half the mandated local street code requirements. When the
existing streets are to be widened inward toward the property line from the
existing face of the curb, all new street improvements lying within the
one-half of mandated street width adjacent to the project.
(2) Sidewalks mandated by local
ordinances.
(3) Street lighting,
planting areas, street signs, traffic signals, trees or other costs mandated by
local ordinances.
(4) City and/or
county or special district fees pursuant to active ordinances.
(5) Reasonable cost for storm drains to point
of connection.
(6) Funding for
safety paths for pedestrian use beyond two immediately adjacent sides of the
site necessary for a safe route to the new school site when the following
conditions are met:
(A) The school district
governing board has made a finding at a public hearing that pedestrian safety
concerns require improvements in the form of safety paths to provide access to
the school site, and the Department of Education concurs with that
finding.
(B) The improvements are
limited to the work necessary to install concrete, asphalt, gravel or other
paving necessary to provide the safe paths.
(C) The state grant does not exceed
$50,000.
(D) The improvements do
not include any cost for the acquisition of land, easements or other
rights-of-way.
(E) The SAB has
determined that development of additional pedestrian paths is
reasonable.
(c) Utility service costs associated with the
CDE approved site size that are necessary to serve the master planned capacity
of the site as follows:
(1) Water:
Installation of water supply line(s) and connection fees from the utility
company connection to the meter, meters not provided by the serving utility, or
installation of a domestic water system (i.e. well, pump, tank).
(2) Sewage: Installation of main sewage
disposal line from the utility company connection to the first building lateral
and if applicable, connection fees. Installation of a sewage treatment/disposal
system and a main disposal line from the treatment system to the nearest
building lateral of the collection system.
(3) Gas: Installation of main supply line and
connection fees from utility company to meter and connection fee if applicable.
Installation of meters not provided by the utility. Connection of a liquefied
petroleum system (and tank) from the main supply line to the first building
lateral.
(4) Electric: Installation
of service from the utility to the building switchboard. Primary electric
service runs from the utility company's point of connection to the transformer.
Secondary electric service runs from the transformer to the switchboard.
Connection fee, transformer pads and protective devices.
(5) Communication systems: Installation of
service from the company to the nearest distribution center.
(d) General Site Development costs
within school property lines for an addition to an existing school site project
wherein additional acreage is acquired, with the exception of existing school
site acreage that is leased pursuant to Section
1859.22, or a new school project,
determined as follows:
(1) $19,200 per Useable
Acre as approved by the CDE. This sum may be increased by the percentage
identified in Section
1859.83(b). The
per acre amount shown above shall be adjusted annually in the manner prescribed
in Section
1859.71.
(2) 6 percent of the State and district share
for Elementary School Pupils and Middle School Pupils and 3.75 percent of the
State and district share for High School Pupils of the New Construction Grant.
For purposes of this calculation, the percentage amount for Severely Disabled
Individuals with Exceptional Needs and Non-Severely Disabled Individuals with
Exceptional Needs pupils shall be based on the type of project selected by the
district on the Form SAB 50-04.
(3)
6 percent of the State and district share for Elementary School Pupils and
Middle School Pupils and 3.75 percent of the State and district share for High
School Pupils of the funding provided by Sections
1859.71.2,
1859.72,
1859.73,
1859.73.2,
1859.82.1(b)(4)(A)1.,
1859.82.1(b)(4)(B), 1859.82.1(b)(4)(C), 1859.82.2(b)(4)(A), 1859.82.2(b)(4)(B),
1859.83(a), (b) and (c) and 1859.125(a)(1) through (a)(2).
Subsection (d) of this section shall be suspended no
later than January 1, 2026, unless otherwise extended by amendments as adopted
by the Board.
The district must submit a detailed cost estimate for
all requests for site development work, with the exception of General Site
Development, and any justification documents that will support the work with
the Form SAB 50-04.
The Board will approve reasonable and appropriate
site development work which meets common engineering practices and industry
standards that are consistent with the specific site conditions if the site
development costs are consistent with the most current edition of the Current
Construction Costs publication by the Sierra West Group. The design
professional must certify to the district that the site development work does
not exceed the minimum requirements to develop the site to meet educational
needs and/or standards.
General Site Development provided pursuant to
1859.76(d)(1), service site and off-site development costs shall be reduced, on
a prorated basis, by the percentage of the excess acreage of the site that
exceeds the master plan site acreage approved by the CDE.
Notes
Cal.
Code Regs. Tit. 2, §
1859.76
Note: Authority cited: Section
17070.35,
Education Code. Reference: Sections
17070.35,
17072.12
and
17072.35,
Education Code.
1.
New section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No.
49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or
emergency language will be repealed by operation of law on the following
day.
2. New section refiled 3-31-99 as an emergency; operative
3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted
to OAL by 7-29-99 or emergency language will be repealed by operation of law on
the following day.
3. Amendment of antepenultimate paragraph filed
7-12-99 as an emergency; operative 7-12-99 (Register 99, No. 29). A Certificate
of Compliance must be transmitted to OAL by 11-9-99 or emergency language will
be repealed by operation of law on the following day.
4. New section
refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A
Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency
language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 7-29-99 order, including
amendment of section, transmitted to OAL 8-26-99 and filed 10-8-99 (Register
99, No. 41).
6. Certificate of Compliance as to 7-12-99 order,
including further amendments, transmitted to OAL 11-5-99 and filed 12-22-99
(Register 99, No. 52).
7. New subsections (a)(11)-(a)(11)(D) filed
3-13-2000; operative 4-12-2000 (Register 2000, No. 11).
8. New
subsection (a)(12) and amendment of subsections (c) and (c)(5) filed 6-26-2000;
operative 6-26-2000 pursuant to Government Code section
11343.4(d)
(Register 2000, No. 26).
9. Amendment of antepenultimate paragraph
filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A
Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency
language will be repealed by operation of law on the following
day.
10. Certificate of Compliance as to 7-17-2000 order transmitted
to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).
11.
Amendment of section heading and subsection (c)(5) filed 1-2-2001 as an
emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of
Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be
repealed by operation of law on the following day.
12. Certificate
of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed
6-13-2001 (Register 2001, No. 24).
13. Amendment of antepenultimate
paragraph filed 7-25-2001; operative 7-25-2001 pursuant to Government Code
section
11343.4
(Register 2001, No. 30).
14. Amendment of subsection (c)(5) filed
8-13-2001; operative 8-13-2001 pursuant to Government Code section
11343.4
(Register 2001, No. 33).
15. Amendment of subsection (c)(5) filed
4-10-2002; operative 4-10-2002 pursuant to Government Code section
11343.4
(Register 2002, No. 15).
16. Amendment of antepenultimate paragraph
filed 5-2-2002; operative 6-1-2002 (Register 2002, No. 18).
17.
Amendment of antepenultimate paragraph filed 8-12-2002 as an emergency;
operative 8-12-2002 (Register 2002, No. 33). A Certificate of Compliance must
be transmitted to OAL by 12-10-2002 or emergency language will be repealed by
operation of law on the following day.
18. Amendment of first,
antepenultimate and penultimate paragraphs filed 11-4-2002 as an emergency;
operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section
17070.35 a
Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency
language will be repealed by operation of law on the following
day.
19. Certificate of Compliance as to 8-12-2002 order transmitted
to OAL 12-3-2002 and filed 1-16-2003 (Register 2003, No. 3).
20.
Amendment of subsection (a)(11) and new subsections (a)(11)(E)-(a)(11)(E)4.
filed 2-6-2003; operative 2-6-2003 pursuant to Government Code section
11343.4
(Register 2003, No. 6).
21. Certificate of Compliance as to
11-4-2002 order transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register
2003, No. 51).
22. New subsections (d)-(d)(3) and amendment of
antepenultimate and last paragraphs filed 9-5-2006 as an emergency; operative
9-5-2006 (Register 2006, No. 36). A Certificate of Compliance must be
transmitted to OAL by 1-3-2007 or emergency language will be repealed by
operation of law on the following day.
23. Certificate of Compliance
as to 9-5-2006 order, including further amendment of subsections (d)-(d)(3),
transmitted to OAL 1-3-2007 and filed 2-16-2007 (Register 2007, No.
7).
24. Amendment of subsection (d)(3) filed 3-3-2008 as an
emergency; operative 3-3-2008 (Register 2008, No. 10). A Certificate of
Compliance must be transmitted to OAL by 9-2-2008 or emergency language will be
repealed by operation of law on the following day.
25. Certificate
of Compliance as to 3-3-2008 order transmitted to OAL 6-9-2008 and filed
7-10-2008 (Register 2008, No. 28).
26. Amendment of subsection
(d)(3) filed 9-18-2009; operative 9-18-2009 pursuant to Government Code section
11343.4
(Register 2009, No. 38).
27. Amendment of subsection (d)(3) filed
4-8-2010; operative 4-8-2010 pursuant to Government Code section
11343.4
(Register 2010, No. 15).
28. Amendment of subsection (d)(3) filed
4-27-2011; operative 4-27-2011 pursuant to Government Code section
11343.4
(Register 2011, No. 17).
29. Amendment of subsection (d)(3) filed
12-28-2011; operative 12-28-2011 pursuant to Government Code section
11343.4
(Register 2011, No. 52).
30. Amendment of subsection (d)(3) filed
10-30-2013; operative 1-1-2014 (Register 2013, No. 44).
31.
Amendment of penultimate paragraph filed 11-20-2014; operative
1/1/2015 (Register
2014, No. 47).
32. Amendment of subsection (d)(3)
filed 2-9-2015; operative 4/1/2015 (Register
2015, No. 7).
33. Amendment of subsection (d)(3) filed
12-21-2015; operative 12/21/2015 pursuant to Government Code section
11343.4(b)(3)
(Register
2015, No. 52).
34. Amendment of subsection (d)(3)
filed 12-12-2016; operative 12/12/2016 pursuant to Government Code section
11343.4(b)(3)
(Register
2016, No. 51).
35. Amendment of subsection (d) filed
12-20-2017; operative 12/20/2017 pursuant to Government Code section
11343.4(b)(3)
(Register
2017, No. 51).
36. Amendment of subsection (d)(3)
filed 12-18-2018; operative 1/1/2019 pursuant to Government Code section
11343.4(b)(3)
(Register
2018, No. 51).
37. Amendment of subsections (a)(12)
and (d)(3) filed 8-31-2020 as an emergency; operative
8/31/2020
(Register
2020, No. 36). Emergency expiration extended 60 days (Executive
Order N-40-20) plus an additional 60 days (Executive Order N-66-20). A
Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency
language will be repealed by operation of law on the following
day.
38. Certificate of Compliance as to 8-30-2020 order transmitted
to OAL 5-5-2021 and filed 6/16/2021 (Register
2021, No. 25).
39. Amendment of subsection (d) filed
12-18-2023 as an emergency; operative
12/18/2023
(Register
2023, No. 51). A Certificate of Compliance must be transmitted to
OAL by 6-17-2024 or emergency language will be repealed by operation of law on
the following day.