CHAPTER 21. DEDICATION OF LAND OR PAYMENT OF FEES FOR SCHOOL FACILITIES
7-21-1000 LEGISLATIVE INTENT: PURPOSE:
This Chapter is adopted to supplement and implement sections 65970-65978 of the Government Code of the State of California in order to establish a method of providing interim classrooms and related facilities for school districts having conditions of overcrowding within one or more attendance areas. All of the requirements of said sections 65970-65978 of the Government Code are incorporated by reference and shall apply to school districts and the County as though expressly set forth herein.
7-21-1005 APPLICATION:
This Chapter applies to all land proposed for residential development which is owned by any individual, firm, partnership, joint venture, association, corporation, estate or trust. In addition, it applies to any land proposed for residential development which is owned by the United States and any agency of the United States, the State of California and any agency of the State, a city, and any public district or political subdivision of the State of California insofar as it is legally possible to enforce this Chapter, or any portion thereof, against such entities.
7-21-1010 DEFINITIONS:
The definitions set forth in section 65973 of the Government Code of the State of California shall apply throughout this Chapter. In addition, the following words and phrases, as used in this Chapter, shall have the following meanings:
(a) "Attendance area" means that portion of a school district, with identifiable boundaries determined by the governing board of a school district, from which children residing therein would normally be assigned to attend a specified school in the district.
(b) "Developer" means any person, or any of the other entities mentioned in section 7-21-1005 of this Chapter, who applies to have property rezoned to a residential use, applies for a discretionary permit for residential use, files a tentative subdivision or parcel map for residential purposes, or makes application for a building permit for residential purposes.
(c) "Dwelling unit" means one (1) or more rooms in a building, mobile-home, or portion thereof, designed, intended to be used, or used for occupancy by one (1) family for living and sleeping quarters.
(d) "Mobilehome space" means any space, including each space within a mobilehome park, designed for parking a mobilehome on a temporary, semi permanent or permanent basis.
(e) "Reasonable methods for mitigating conditions of overcrowding" include, but are not limited to, the following:
(1) Agreements between a developer and the affected school district whereby temporary use buildings will be leased to the school district for an interim period, or whereby temporary use buildings owned by the school district will be used.
(2) The availability of funds, the use of which would not impair the normal functioning of educational programs.
(3) The use of funds which could be made available from the sale of surplus school district real property and/or personal property.
(4) The use of school district property for temporary use buildings.
(5) The use of other schools in the district not having overcrowded conditions.
7-21-1015 SCHOOL FACILITIES: FINDINGS: NOTIFICATION TO BOARD OF SUPERVISORS:
Before a developer may be required to dedicate land or pay a fee in lieu thereof, pursuant to sections 65970-65978 of the Government Code of the State of California and this Chapter, the governing board of a school district which operates an elementary or high school shall make the written findings, supported by clear and convincing evidence, required by section 65971 of the Government Code of the State of California and notify the Board of Supervisors of its findings. The notice to the Board of Supervisors shall contain all of the following:
(a) The findings required by section 65971 of the Government Code of the State of California.
(b) A summary of the evidence upon which the findings are based.
(c) The reasonable methods of mitigating conditions of overcrowding which have been considered by the school district and any determination made concerning them by the district.
(d) The precise geographic boundaries of the overcrowded attendance area or areas.
(e) Sufficient evidence on the interim classroom and related facilities needed by the school district and the costs of providing the same so that the Board of Supervisors can set the fees to be charged to the developer or the applicant for the building permit.
(f) The schedule as required by Government Code section 65976 with respect to the use of the fees, the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be made available.
(g) A report from the County Planning and Development Department with respect to whether or not the facilities to be constructed from the fees are consistent with the County’s General Plan.
7-21-1020 ACTION BY BOARD OF SUPERVISORS:
Upon receipt of such notice from a school district, the Board of Supervisors shall, by resolution, concur in the findings of the school district or state why it does not concur in such findings.
7-21-1025 SCHOOL FACILITIES: GENERAL REQUIREMENTS:
(a) When the Board of Supervisors has concurred in such findings pursuant to section 7-21-1020 of this Chapter, and has determined the fees payable by a developer, such fees shall thereafter be required of all residential developers of real property within the attendance area of the district. Thereafter, the Board shall not approve an ordinance rezoning property to a residential use, nor shall the Board of Supervisors, Planning Commission or Zoning Administrator grant a discretionary permit for residential use, nor shall the Planning Commission, Site Plan Review Committee or Board of Supervisors approve a tentative subdivision or parcel map for residential purposes, nor shall the Planning and Development Director issue a building permit for residential purposes within such attendance area, without finding that the fees previously determined by the Board are required, and imposing such fees as a condition of approval. Prior to approval of any residential development project, the Planning and Development Director shall notify developers of the required fees and their appeal rights pursuant to section 7-21-1030 of this Chapter at the time application for residential development, or the filing of a tentative subdivision or parcel map, is first made.
(b) Notwithstanding the provisions of subsection (a) of this section, the Board of Supervisors may find that there are specific overriding fiscal, economic, social, or environmental factors which, in the judgment of the Board, would benefit the County and justify issuing such an approval without requiring the payment of fees; or, may require the dedication of land in subdivisions containing more than fifty (50) parcels.
(c) Notwithstanding the provisions of subsection (a) of this section, a builder of residential development may, with the approval of the Board of Supervisors, exercise the option of providing interim facilities at his or her expense, at a place designated by the school district, in lieu of paying fees; or, where five (5) or more parcels are concerned, a developer may, with the approval of the Board of Supervisors, enter into any other legally binding agreement with the school district which the school district deems satisfies its needs in lieu of paying fees, if the Board finds the existence of overriding factors as specified in Subsection (b) of this section.
(d) Any dedication of land, or payment of fees in lieu thereof, shall comply fully with all of the requirements of this Chapter and section 65974 of the Government Code of the State of California.
7-21-1030 APPEALS:
(a) Except for those projects on which the Board of Supervisors takes final action, any person required to pay fees pursuant to section 7-21-1025 of this Chapter may appeal to the Board for the reasons set forth in subsections (b) and (c) of said section.
(b) Such appeal shall be made in writing, shall state the reason the fees should not be required, and shall be filed with the Clerk of the Board within ten (10) calendar days after the following occurs:
(1) Final approval of a tentative subdivision or parcel map, or a discretionary permit for residential use.
(2) Application is made for a building permit for residential purposes.
(c) No appeal may be made from an application for a building permit in subdivisions in which the same developer failed to appeal after final approval of the tentative subdivision or parcel map, except those maps approved prior to the effective date of this section, or when the same developer has previously made an appeal. The requirement of fees shall be final unless the appeal is made within said ten (10) day period.
(d) Upon the filing of an appeal, the Board of Supervisors shall set the matter for hearing. The Clerk of the Board of Supervisors shall cause a notice of the time of the appeal hearing to be given to the appellant, the affected school district, and the Planning and Development Director, not less than ten (10) calendar days prior to the date set for said hearing.
(e) For those projects on which the Board of Supervisors takes final action, an applicant may, at such time as the matter is before the Board for approval, request that the Board waive the requirement of fees for the reasons set forth in subsections (b) and (c) of section 7-21-1025 of this Chapter if the applicant makes such request in writing to the Clerk of the Board at least ten (10) days prior to such meeting. The Clerk shall give notice of such request to the Planning and Development Director and the affected school district.
(f) The decision of the Board of Supervisors on the appeal or waiver shall be final.
7-21-1035 SAME: EXEMPTIONS:
This Chapter shall not apply to the following types of projects:
(a) Senior citizen housing approved, financed and/or subsidized by the United States Department of Housing and Urban Development, and residential development in mobile home parks restricted to adults only, provided the developer enters into a written agreement, acceptable to the affected school district, that the developer will dedicate land or pay fees in lieu thereof, or a combination of both, when and if such restrictions cease during a period the school district has overcrowded conditions within the attendance area in which the development is located.
(b) Conversion of existing apartment buildings to condominiums or a community apartment project, except where such apartment buildings were restricted to "adults only" and said restrictions are removed when the conversion takes place.
(c) Alterations, remodeling or renovations of, and additions to, existing residences which do not result in additional dwelling units. This shall not include additions of one or more bedrooms in those school districts which collect a fee based on the number of bedrooms.
(d) Installation of a mobile home or construction of a residence, for the sole purpose of replacing a mobile-home or residence previously removed during a period that the school district has been determined to have overcrowded conditions, on the same real property upon which the prior mobile home or residence was located, provided that:
(1) The mobile home or residence previously removed is not relocated to other real property within the same school district.
(2) Any net increase in the number of bedrooms in those school districts which collect a fee based on the number of bedrooms shall not be exempted from the operation of this Chapter.
(3) The replacement mobile home or residence does not contain additional dwelling units.
(e) Relocation of existing mobilehomes or residences to other real property located within the same school district.
(f) Installation of a mobile home or construction of a residence for the sole purpose of replacing a mobile-home or residence, which has been destroyed or demolished during a period that the school district has been determined to have overcrowded conditions, on the same real property upon which the prior mobile home or residence was located, provided that:
(1) Any net increase in the number of bedrooms in those school districts which collect a fee based on the number of bedrooms shall not be exempted from the operation of this Chapter.
(2) The replacement mobile home or residence does not contain additional dwelling units.
7-21-1040 SAME: FEES:
The fees payable by a developer to a school district shall be determined by the Board of Supervisors at or after the time that the Board concurs in the findings of the school district pursuant to section 7-21-1020 of this Chapter. No dedication of land may be required in subdivisions containing fifty (50) parcels or less.
7-21-1045 BUILDING AND USE PERMITS: PAYMENT OF FEES:
When the Board of Supervisors has determined pursuant to section 7-21-1025 of this Chapter that the developers shall pay fees, dedicate land, or a combination of both, a copy of the determination of the Board shall be sent to the Planning and Development Director. The Planning and Development Director shall not issue any building permit for construction of a residence, nor any permit to relocate a residence, nor any permit to install a mobile-home, nor any permit to move in a mobile-home pursuant to section 7-15-1650 through 7-15-1690 of this Ordinance Code, nor any permit for residential purposes which results in additional dwelling units, nor shall any use permit for mobile home parks be issued, which is subject to said determination by the Board unless the school district provides verification that the required payment of fees and/or dedication of land to the school district has been or will be made. It shall be the school district’s responsibility to collect fees imposed pursuant to this Chapter. The school district may, at the district’s option, establish uniform procedures for collecting said fees by installments.
7-21-1050 SAME: DEFERRAL FOR ELDERLY HOUSING:
The Board of Supervisors may, pursuant to such guidelines and upon such conditions as it shall by resolution determine, authorize the Planning and Development Director to grant deferrals for the payment of fees for new residential development for elderly persons within school districts having overcrowded conditions. In such event, the Planning and Development Director shall mail or deliver written notice of intent to grant a deferral to the affected school district. The school district may, within ten (10) calendar days of the date of mailing or delivery of the written notice, appeal the decision to defer the payment of fees as provided in section 7-21-1030 of this Chapter, in which case no deferral shall be granted unless so ordered by the Board at the conclusion of the appeal.
7-21-1055 ANNUAL REVIEW:
Following receipt of the annual report by each school district required by section 65978 of the Government Code, the Board of Supervisors shall review and consider such reports at a regular meeting to be held not later than ninety (90) days after the deadline required in section 65978 for submitting annual reports by school districts. Prior to such meeting, the Board may direct the County Counsel to prepare and submit a report to the Board summarizing the matters contained in the annual reports. The annual reports shall also include an accounting of any fees, facilities and/or dedications of land received by any school district in accordance with agreements authorized pursuant to Subdivisions (b) and (c) of section 7-21-1025 of this Chapter.
7-21-1060 SAME: WAIVER OF FEES:
During such period that a school district fails to file its annual report in the manner required by section 65978 of the Government Code, the Planning and Development Director shall be authorized to issue the permits and approvals specified in section 7-21-1045 of this Chapter without verification from the school district that payment of fees and/or dedications of land have been made. The Board of Supervisors may approve a 30 day extension of the deadline for the filing of a school district’s annual report if it determines that circumstances exist justifying such extension.