Cal. Code Regs. tit. 2 § 1865.33

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1865.33 - Computation of Allowable School Building Area
(a) No project shall be approved, the building area of which, when added to the area of adequate school construction existing in the applicant school district or the applicable high school attendance area if the application is filed on such basis, will provide a total area of school building construction in excess of that computed pursuant to Education Code Sections 17740 through 17749.
(b) All of the existing building area owned or operated by the district regardless of conditions or purpose for which used, shall be reported to the board by the district as prescribed in this regulation. Where an allowable building area is computed on the basis of an attendance area as provided by Section 17741 of the act, the existing building area shall be considered the building area within such attendance area.
(c) Existing adequate building area shall include all existing building area not otherwise excluded by the act or these regulations, building area for which applications have been approved under any state or federal building program, any building area being acquired by any lease-purchase agreement, proposed building area which has been otherwise financed or any building area which has been used to justify any site and/or plans lease-purchased project under this act. Existing building area shall be excluded as follows:
(1) The area of any building to which Article 3 of Chapter 2, Part 23 of the Education Code would not apply.
(2) The area of any relocatable structure for temporary use building under lease pursuant to Education Code Sections 39243 or 39246.
(3) The area of any district administration or district maintenance facilities except those constructed pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976.
(d) Existing and proposed building area shall be computed in accordance with the following:
(1) All measurements shall be made from exterior rough wall lines.
(2) Totally enclosed space shall be counted as full area. Among the various types of space to be included shall be areas such as:
(A) Basement rooms and basement boiler rooms.
(B) Heater rooms, including those above the normal floor level.
(C) Each floor of multi-story buildings.
(D) The area of completely enclosed stairs for each floor level served.
(3) Certain partially enclosed areas shall be counted as full area and shall include:
(A) Open, covered areas which provide shelter between buildings that are less than 20 feet apart.
(B) Mezzanines open on one or more sides which may easily and readily be used or converted to use as instructional space or passageways.
(C) Each floor of library stacks.
(4) Covered unenclosed space shall be counted as one-half of the actual area. Included in such space are:
(A) Open, covered passages, arcades, shelters, porches, and planting areas.
(B) Open, covered areas which provide shelter between buildings that are 20 feet apart or more.
(C) Overhangs and sun control devices which are so designed and located that they function as, and in lieu of, covered walks or other shelter areas.
(D) Mezzanines for storage purposes.
(5) Areas which shall not be counted include:
(A) Eaves and sun control devices except as specified above.
(B) Unsheltered platforms and steps.
(C) When isolated from building structures, the area of incinerators, pumphouses, transformer vaults, and service yards.
(D) Elevator shafts where constructed in order to comply with Chapter 7 of Division 5 of the Government Code (commencing with Section 4450), relating to facilities for handicapped persons.
(E) That portion of the area below the first floor of a multistory building used exclusively for employee parking, provided the board finds that other means of parking are not economically feasible.

Cal. Code Regs. Tit. 2, § 1865.33

1. New subsection (c)(3) filed 6-26-80; effective thirtieth day thereafter (Register 80, No. 26).
2. Amendments of subsections (b) and (c) filed 5-4-81; effective thirtieth day thereafter (Register 81, No. 19).

Note: Authority cited: Section 17705, Education Code. Reference: Sections 17740- 17749, Education Code.

1. New subsection (c)(3) filed 6-26-80; effective thirtieth day thereafter (Register 80, No. 26).
2. Amendments of subsections (b) and (c) filed 5-4-81; effective thirtieth day thereafter (Register 81, No. 19).