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Bill Requiring Schools of Builders OKd

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The Assembly on Tuesday passed a bill by Assemblyman Mike Gotch (D-San Diego) giving local governments the power to require adequate school buildings when granting developers’ zoning changes.

Gotch said his measure, which passed 44-24, would codify a 1988 court decision upholding the city of San Diego’s refusal to grant a development application because it did not include plans for enough school facilities.

Local governments previously had the right to demand adequate school buildings to keep pace with growth, he said, but it was stripped from them in a 1986 law that placed caps on developers’ fees.

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“As someone who has spent eight years in local government, it is absolutely critical that sewer, water and school facilities be available concurrent with development,” said Gotch, a former San Diego City Councilman who noted that more than 230,000 new students are entering state school systems every year.

The bill “puts local governments back in control in terms of having some leverage to negotiate with developers,” he said.

Under Gotch’s bill, which now goes to the Senate Local Government committee for debate, local governments could only impose requirements for school facilities when considering rezoning or amendments to general plans. A development firm that already has its desired zoning would not be affected. The measure has faced stiff opposition from the state’s development industry.

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