Page 4 - Lozano Smith Surplus Property Checklist 2023

Administrators.

Parents of Students.
Persons with expertise in environmental impact, legal contracts, building codes, and land
use planning, including, but not limited to, knowledge of the zoning and other land use
restrictions of the cities and counties in which surplus space and real property is located.
The 7-11 Committee must do all of the following (Ed. Code § 17390):

Review the projected school enrollment and other data provided by the District to
determine the amount of surplus real property.

Establish a priority list of use of surplus space and real property that will be acceptable to
the community.

Cause to have circulated throughout the attendance area a priority list of surplus space
and real property and provide for hearings of community input to the community on
acceptable uses of space and real property, including the sale or lease of surplus real
property for childcare development purposes.

Make a final determination of limits of tolerance of use of space and real property.

Forward to the Board a report recommending uses of surplus space and real property.

The 7-11 Committee’s recommendation is advisory only, and need not be implemented
by the Board.

Determine whether the project is a workforce housing project exempt from some or all of
the surplus property requirements.

Effective January 1, 2018, Assembly Bill (“AB”) 1157 exempted school districts from the
requirement that they establish a 7-11 Committee to consider declaring property surplus
if the district intends to use the surplus property for employee rental housing. The
expressed legislative intent behind AB 1157 was to exempt school district property to be
used for district workforce housing from the surplus property process, but the law stops
short of a broad exemption beyond removing the 7-11 Committee process.

Effective January 1, 2024, Assembly Bill (“AB”) 2295 exempts certain land used for a
qualifying workforce housing development from the surplus land requirements of the
Surplus Land Act (Government Code §§ 54200 et seq.), requirements for disposal of sites
under Education Code sections 17230 et seq., and the requirements for sale and lease of
property under Education Code sections 17455 et seq.

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LozanoSmith.com Checklist for Sale or Lease of School District Surplus Property 3