Section 17040.1 Of Article 3. Allowances From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 12. >> Article 3.
17040.1
. (a) The allowable building area of any project, as
calculated under this article, may be increased by any applicant
school district, where the increase is funded exclusively from
sources other than any state programs administered by the State
Allocation Board. Any increase in building area pursuant to this
section in a project for which construction commenced on or after
January 1, 1987, not to exceed 110 percent of the area that would be
allowed under applicable state standards, shall be excluded from the
calculation of the area of adequate school construction for the
purposes of all subsequent project applications by the district under
this chapter.
(b) The maximum building cost permitted for any project under this
article may be increased, by not more than 10 percent, by any
applicant school district, where the increase is funded by the
district exclusively from the proceeds of a general obligation bond
measure approved by the voters of the district or of a special tax
pursuant to the formation of a community facilities district under
Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2
of Title 5 of the Government Code, or both. In order to qualify for
this purpose, any tax or other charge authorized pursuant to that
approval or formation, respectively, shall apply uniformly to all
taxpayers or all real property within the school district, rather
than to a particular class of property or taxpayers, and shall
require that the amount of the school facilities fee or other
requirement that may be levied by the school district pursuant to
Section 17620, in addition to that tax or other charge, not exceed
the amount deemed by the governing board to be necessary for the
interim school facilities needs of the district.