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Sample Resolution*


School District Governing Board Determinations and One Quarter Mile/500 Foot Findings for School Site Acquisition
(Education Code Section 17213 and Public Resources Code Section 21151.8)

*This resolution is provided only as an example for school districts to consider in complying with various code requirements related to school site acquisition. The California Department of Education (CDE) is not suggesting that this sample is required, legally adequate, or appropriate for all circumstances or that other formats and content would not also be appropriate or required.

The CDE recommends that the school district seek its own legal counsel advice when preparing Education Code and California Environmental Quality Act (CEQA) determinations and findings.

  1. Per Education Code Section 17213 and/or Public Resources Code Section 21151.8(a)(1), and based upon information included in the Negative Declaration/Initial Study (or Environmental Impact Report or in the CEQA document referenced ______________________ report or investigation) for the ______________________ proposed school site the Board hereby determines that the school site:
    1. Is not the site of a current or former hazardous waste disposal or solid waste disposal site (or unless a former solid waste disposal site which the district board has concluded that the wastes have been removed), and
    2. Is not a hazardous substance release site identified by the Department of Toxic Substances Control in a current list adopted pursuant to Section 25356 for removal or remedial action pursuant to Chapter 6.8 of Division 20 of the Health and Safety Code, and
    3. Is not a site that contains one or more pipelines, situated underground or aboveground, that carries hazardous substances, extremely hazardous substances, or hazardous wastes, unless the pipeline is a natural gas line which is used only to supply natural gas to that school or neighborhood or other nearby schools, and
    4. Is (or is not) within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor as defined in Education Code Section 17213(d)(9) and Public Resources Code 21151.8(c)(9).
  2. Per Education Code Section 17213(b), (c), and (d) and/or Public Resources Code Section 21151.8(a)(2) and (3), both the ___________________ Air Quality Management District (or Air Pollution Control District) and the _____________________ (administering agency for hazardous materials/wastes, e.g., the fire department or environmental health department, etc.) were notified in writing and consulted by the ____________________ School District acting as lead agency with regard to identifying both permitted and non-permitted facilities within one quarter mile of the ________________________ proposed school site which might be reasonably anticipated to emit hazardous emissions or handle hazardous or extremely hazardous materials, substances, or waste.

    The Board hereby finds that the above-mentioned consultation (and any other survey work done)
    1. Identified none of the facilities or other significant pollution sources, as specified in Education Code Section 17213 and Public Resources Code Section 21151.8, within one quarter mile of the proposed school site.

      Or
    2. Identified that facilities or other pollution sources as specified in Education Code Section 17213 and Public Resources Code Section 21151.8 do exist within one quarter mile of the proposed school site, but that based upon analysis contained in or referenced in the negative declaration/initial study (or Environmental Impact Report or other such CEQA document referenced investigation), the Board further finds that the following condition applies:
      1. The health risks from the facilities or other pollution sources do not and will not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school site.

        Or
      2. Corrective measures required under an existing order by another governmental entity that has jurisdiction over the facilities or other pollution sources will, before the school is occupied, result in the mitigation of all chronic or accidental hazardous air emissions to levels that do not constitute an actual or potential endangerment of public health to persons who would attend or be employed at the proposed school site. The Board also acknowledges that a subsequent Board finding that the emissions have been so mitigated to these levels, prior to occupancy of the school site, shall also be required.

If applicable, findings "c" and/or "d" may also be required.

Finding "c" is required only for school sites within 500 feet of a freeway or traffic corridor as defined.

  1. Per Education Code Section 17213(c)(2)(C) for a school site with a boundary that is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor as defined, the Board determines through analysis pursuant to the Health and Safety Code Section 44360(2)(b), based upon appropriate air dispersion modeling and after considering any potential mitigation measures, that the air quality at the proposed site is such that neither short-term nor long-term exposure poses significant health risks to pupils.

    Or

Finding "d" is required for either school sites within 500 feet of a freeway or traffic corridor as defined for which the above finding "2c" cannot be made, and/or facilities or other pollution sources as specified have been identified within one quarter mile of the school site for which the above finding "2b" cannot be made.

  1. The Board finds that facilities or other pollution sources specified do exist, but the conditions set forth in Education Code sections 17213(c)(2)(b) or (C) or Public Resources Code sections 21151.8(a)(3)(B)(i), (ii), or (iii) cannot be met, and the school district is unable to locate an alternative site that is suitable due to a severe shortage of sites that meet the requirements of Education Code Section 17213(a), and the Board shall adopt a statement of Overriding Considerations pursuant to Section 15093 of Title 14 of the California Code of Regulations.
Questions:   Michael O'Neill | moneill@cde.ca.gov | 916-322-1463
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