Site Selection and Development

MJUSD
DIVISION 7000
FACILITIES

SITE SELECTION AND DEVELOPMENT

The Governing Board believes that a school site should serve the District's educational needs in accordance with the District's master plan as well as show potential for contributing to other community needs.

The Board recognizes the importance of community input in the site selection process. To this end, the Board will solicit community input whenever a school site is to be selected and shall provide public notice and hold public hearings in accordance with law.

The Superintendent or designee shall establish a site selection process that complies with law and ensures that the best possible sites are acquired and developed in a cost-effective manner.

Before acquiring property for a new school or an addition to an existing school site, the Board shall evaluate the property at a public hearing using state site selection standards. (Education Code 17211)

Environmental Impact Investigation for the Site Selection Process
The Superintendent or designee shall determine whether any proposed development project is subject to the requirements of the California Environmental Quality Act (CEQA) and shall ensure compliance with this Act whenever so required. When evaluating District projects, CEQA guidelines shall be used.

Agricultural Land
If the proposed site is in an area designated in a city, county, or city and county general plan for agricultural use and zoned for agricultural production, the Board shall determine all of the following: (Education Code 17215.5)

  1. that the District has notified and consulted with the city, county, or city and county within which the prospective site is to be located;

  2. that the Board has evaluated the final site selection based on all factors affecting the public interest and not limited to selection on the basis of the cost of the land; and

  3. that the District shall attempt to minimize any public health and safety issues resulting from the neighboring agricultural uses that may affect students and employees at the site.

Legal Reference:
Education Code
17006 Definition of self-certifying district
17024 Prior written approval of CDE for selection of school site or construction of building
17070.10-17077.10 Leroy F. Greene School Facilities Act of 1998
17210-17224 General provisions (school sites)
17240-17245 New Schools Relief Act
17250.10-17250.50 Design-build contracts
17251-17253 Powers concerning buildings and building sites
17260-17268 Plans
17280-17317 Approvals
17565-17592.5 Board duties re management and control of school property
35271 Power to acquire and construct on adjacent property
35275 New school planning and design, re consultation with local recreation and park authorities
Code of Civil Procedure
1263.710-1263.770 Remediation of hazardous substances on property to be acquired by school district
Government Code
53094 Authority to render zoning ordinances inapplicable
65402 Acquisition or disposition of property
65995-65997 Developer fees
66455.9 Written notices of proposed public school site within development; investigation and report; conditions for acquisition
Public Resources Code
21000-21178 Implementation of Environmental Quality Act
Code of Regulations, Title 5
14001-14036 Minimum standards
Code of Regulations, Title 14
15000-15209 Review and evaluation of EIRs and negative declarations
Attorney General Opinions
82 Ops.Cal.Atty.Gen. 130 (1999)
Management Resources:
Web Sites
CDE, School Facilities Planning Division: http://www.cde.ca.gov/dmsbranch/sfpdiv
Office of Public School Construction: http://www.opsc.dgs.ca.gov/

First Reading: 8/17/05

Governing Board Approval: 9/14/05

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