Chapter 15.02
DEDICATIONS OF LAND AND FEES FOR SCHOOL DISTRICTS
Sections:
15.02.080 School district findings of overcrowded attendance area.
15.02.090 Notice of findings requirements.
15.02.100 Concurrence by the County.
15.02.105 State authorized school district construction dedications and fees.
15.02.110 Restriction on approval of residential development/Board of Supervisors findings.
15.02.120 Requirement of fees and/or dedications.
15.02.130 Standards for land and fees.
15.02.135 Standards for construction dedications and fees.
15.02.140 Payment of fees in smaller subdivisions.
15.02.170 School district schedule.
15.02.180 Dedications of land and fees for school districts—Use of land and fees.
15.02.190 Agreement for fee distribution.
15.02.200 Records and reports.
15.02.210 Termination of dedication or fee requirements.
15.02.010 Citation.
This chapter shall be known and may be cited as the “school facilities dedication and fee ordinance.” [Ord. 2599, 1978].
15.02.020 Authority.
This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970) (hereinafter “overcrowding dedications and fees”) and Chapter 4.9 (commencing with Section 65995) (hereinafter “construction dedications and fees”) of Division 1 of Title 7 of the Government Code. [Ord. 3809 § 1, 1987; Ord. 2599, 1978].
15.02.030 Purpose.
The purpose of this chapter is to provide for the financing of school facilities with development fees and dedications consistent with State law. [Ord. 3809 § 2, 1987; Ord. 2599, 1978].
15.02.040 Regulations.
The Board of Supervisors may from time to time, by resolution, issue regulations to provide for the administration and implementation of this chapter. [Ord. 2599, 1978].
15.02.050 Findings.
The Board of Supervisors of the County of Santa Cruz finds and declares as follows:
(A) Adequate school facilities should be available for children residing in new residential developments.
(B) Public and private residential developments may require the expansion of existing public schools or the construction of new school facilities.
(C) In many areas of the County, the funds for the construction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools.
(D) New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time.
(E) That, for these reasons, new and improved methods of financing for school facilities necessitated by new development are needed in Santa Cruz County. [Ord. 3809 § 3, 1987; Ord. 2599, 1978].
15.02.060 General Plan.
The County General Plan provides for the location of public schools. Where facilities are to be constructed from fees or land required to be dedicated hereunder, or both, they shall be consistent with the General Plan. [Ord. 2599, 1978].
15.02.070 Definitions.
“Conditions of overcrowding” means the total enrollment of an attendance area’s school or schools, including enrollment from proposed development, exceeds the capacity of such school or schools within the attendance area, as determined by the governing body of the school district.
“Decision-making body” means the Board of Supervisors or its designees.
“Dwelling unit” means a building or a portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit.
“Reasonable methods for mitigating conditions of overcrowding” include, but are not limited to, concepts such as:
(1) Any agreements entered into the affected school district which would alleviate conditions of overcrowding caused by new residential development;
(2) The use of relocatable structures, student transportation, and school boundary realignments;
(3) The use of available bond or State loan revenues to the extent authorized by law;
(4) The use of funds which could be available from the sale of surplus school district real property and funds available from other appropriate sources, as determined by the governing body of affected school districts;
(5) Agreements between a subdivider or other developer of residential development in a school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the school district will be used.
“Residential development” means a project containing residential dwellings, including mobile homes, of one or more units, or a division of land for the purpose of constructing one or more residential units. Residential development includes, but is not limited to, a subdivision, tentative or final map, a parcel map, conditional development permit, a building permit, or any other discretionary permit for new residential use. [Ord. 3633 § 1, 1985; Ord. 2599, 1978].
15.02.080 School district findings of overcrowded attendance area.
The governing body of a school district, pursuant to Government Code Section 65970 et seq., may make a finding supported by clear and convincing evidence that:
(A) Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs, including the reason for such conditions existing;
(B) All reasonable methods of mitigating conditions of overcrowding have been evaluated;
(C) No feasible method for reducing such conditions exists. Upon making these findings, the school district must provide the County with written notice of its findings as provided in SCCC 15.02.090. [Ord. 2599, 1978].
15.02.090 Notice of findings requirements.
Any notice of findings sent by a school district to the County shall specify:
(A) The findings listed in SCCC 15.02.080;
(B) The mitigation measures and methods, including those listed in the definition of “reasonable methods for mitigating conditions of overcrowding” in SCCC 15.02.070, considered by the school district in any determination made concerning them by the district;
(C) The precise geographic boundaries of the overcrowded attendance area or areas;
(D) Such other information as may be required by Board of Supervisors regulation. [Ord. 2599, 1978].
15.02.100 Concurrence by the County.
After receipt of any notice of findings complying with the requirements of SCCC 15.02.080, the Board of Supervisors, if it concurs with such school district findings, shall do so by resolution. [Ord. 2599, 1978].
15.02.105 State authorized school district construction dedications and fees.
Pursuant to Government Code Section 53080, the governing board of a school district is authorized to levy a fee; charge dedication or other form of requirement against any development project (as defined at Government Code Section 65928) for new construction within the boundaries of the district, for construction or reconstruction of school facilities, subject to any limitations set forth in that chapter of the Government Code commencing with Section 65995. [Ord. 3809 § 4, 1987].
15.02.110 Restriction on approval of residential development/Board of Supervisors findings.
(A) Pursuant to Government Code Section 53080, the County shall not issue any building permit for any development absent certification by the appropriate school district of compliance by that development project with any fee, charge, dedication, or other form of requirement levied by the governing board of that school district under Government Code Section 53080. The County shall so condition all other development permits.
(B) Within an attendance area, where the Board of Supervisors has concurred in a school district’s notice of finding that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within such area, unless such decision-making body makes one of the following findings:
(1) That pursuant to this chapter, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development in the school district to mitigate the conditions of overcrowding within that attendance area; or
(2) That there are specific, overriding fiscal, economic, social, or environmental factors which, in the judgment of the decision-making body, would benefit the County, thereby justifying the approval of a residential development otherwise subject to the provisions of this chapter requiring the payment of fees or the dedication of land or other alternate provision required by this chapter. [Ord. 3809 § 5, 1987; Ord. 2599, 1978].
15.02.120 Requirement of fees and/or dedications.
In an attendance area where the Board of Supervisors has concurred that overcrowding exists, the applicant of a proposed residential development, as a condition of approval, or the obtaining of a building permit, shall pay fees, make an equivalent arrangement in lieu thereof, dedicate land, or do a combination thereof unless excepted as provided in SCCC 15.02.110(B), as determined by the decision-making body during the hearings and other proceedings on a specific residential development application falling within its jurisdiction. Prior to the imposition of the fees, or the dedication of land, or both, it shall be necessary for the decision-making body acting on the application to make the following determination:
(A) That the facilities to be constructed, purchased, leased, or rented from such fees or the land to be dedicated, or both, are consistent with the General Plan. [Ord. 2599, 1978].
15.02.130 Standards for land and fees.
(A) General Standard. Any requirement for overcrowding dedications and fees imposed pursuant to this chapter shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities, and shall be reasonably related and limited to the need for the schools caused by the development.
(B) Amount of Fee. When overcrowding fees are required by this chapter to be paid in lieu of land dedication or as a combination, or both, such fees shall be payable at the times and in the amount fixed by resolution of the Board of Supervisors.
(C) Land Value. The total land area required by this chapter to be dedicated shall be at least equal in monetary value to the fees which would be otherwise required by subsection (B) of this section. The Planning Director shall determine and establish the monetary value of land area for the purposes of this chapter. [Ord. 4496-C § 79, 1998; Ord. 3809 § 6, 1987; Ord. 2599, 1978].
15.02.135 Standards for construction dedications and fees.
The standards for construction dedications and fees shall be those set forth in that Government Code chapter commencing at Section 65995. [Ord. 3809 § 7, 1987].
15.02.140 Payment of fees in smaller subdivisions.
As to overcrowding dedications and fees, only the payment of fees shall be required in subdivisions containing 50 parcels or less, or other developments containing 50 units or less. [Ord. 3809 § 8, 1987; Ord. 2599, 1978].
15.02.150 Land dedication.
As to overcrowding dedications and fees, when land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the County subdivision ordinance. Land shall be deeded directly to the school district or districts under procedures adopted by the County. [Ord. 3809 § 9, 1987; Ord. 2599, 1978].
15.02.160 Refunds.
As to overcrowding dedications and fees, if a residential development approval is vacated or voided, and if the County still retains the fees collected therefor, and if the applicant so requests, the Board of Supervisors shall order the fees returned to the applicant. [Ord. 3809 § 10, 1987; Ord. 2599, 1978].
15.02.170 School district schedule.
Following concurrence by the Board of Supervisors, pursuant to SCCC 15.02.100, the Clerk of the Board of Supervisors shall notify each school district affected thereby. The governing body of the school district shall then submit a schedule specifying how it will use the land or fees, or both, to solve the condition of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Board of Supervisors and the reasons for the modifications. [Ord. 4496-C § 80, 1998; Ord. 2599, 1978].
15.02.180 Dedications of land and fees for school districts—Use of land and fees.
As to overcrowding dedications and fees, all land or fees, or both, collected pursuant to this chapter and received by a school district shall be used only for the purpose of providing portable interim elementary or high school classrooms and related bathroom facilities. All such portable classroom and bathroom facilities shall be fully accessible to and usable by persons with disabilities. Said land or fees shall not be used in any attendance area of a district, any part of which is within another county or city, until and unless said county or city has adopted an ordinance requiring the dedication of land or collection of fees pursuant to Chapter 4.7 of the Government Code, and said requirements are substantially similar to the regulations of this chapter. [Ord. 4642 § 6, 2001; Ord. 3809 § 11, 1987; Ord. 2599, 1978].
15.02.190 Agreement for fee distribution.
As to overcrowding dedications and fees, if two separate school districts operate schools in an attendance area where the Board of Supervisors concurs that overcrowding conditions exist for both school districts, the Board of Supervisors shall enter into an agreement with the governing board of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this chapter. [Ord. 3809 § 12, 1987; Ord. 2599, 1978].
15.02.200 Records and reports.
Any school district receiving funds or lands pursuant to Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code shall maintain a separate account for any fees paid and disposition of land received, and shall file a report with the Board of Supervisors on the balance and account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year, and shall be filed more frequently at the request of the Board. [Ord. 3809 § 13, 1987; Ord. 2599, 1978].
15.02.210 Termination of dedication or fee requirements.
As to overcrowding dedications and fees, when it is determined by the Board of Supervisors that conditions of overcrowding no longer exist in an attendance area, decision-making bodies shall cease imposition of any requirement under this chapter. [Ord. 3809 § 14, 1987; Ord. 2599, 1978].