Alameda County Municipal Code Ch. 16.32 School Facilities Dedication

This chapter shall be known as the "school facilities dedication ordinance of Alameda County." The purpose is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

(Prior gen. code § 8-9.0)

This chapter is enacted pursuant to Chapter 4.7, Title 7, Division 1, (Government Code Sections 65970 et seq.) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this chapter and those of Chapter 4.7, the latter shall prevail.

(Prior gen. code § 8-9.1)

The county's general plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the general plan.

(Prior gen. code § 8-9.2)

The board may, from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this chapter.

(Prior gen. code § 8-9.3)

"Chapter 4.7" means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

"Conditions of overcrowding" means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district.

"Dwelling unit" means a building or a portion thereof, or a mobilehome, designed for residential occupancy by one person or a group of two or more persons living together as a domestic unit.

"Reasonable methods for mitigating conditions of overcrowding" means and includes, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used. The board of supervisors may establish by resolution additional methods for mitigating conditions of overcrowding which should be considered by school districts.

"Residential development" means a project containing residential dwellings, including mobilehomes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units. Residential development includes, but is not limited to: rezonings, conditional use permits, site development review, and any other discretionary permit for new residential use, and building permits for new residential use.

(Prior gen. code §§ 8-9.4—8-9.8)

Pursuant to Chapter 4.7 of the Government Code, the governing body of a school district may make findings 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; and

C. No feasible method for reducing such conditions exist.

Upon making these findings, the school district must provide the county with notice of its findings.

(Prior gen. code § 8-9.9)

Any notice of findings set by a school district to the county shall specify:

A. Findings specified in Section 16.32.060;

B. Mitigation measures considered by the district and any determination made concerning them by the district;

C. A map delineating the overcrowded attendance area or areas, and other attendance areas in the district;

D. Recommendations for standards for land dedication and fees based on Section 16.32.150, General Standard;

E. Such other information as may be required by board of supervisors' resolution.

(Prior gen. code § 8-9.10)

After the receipt of any notice of findings complying with the requirement of Section 16.32.070, the board of supervisors shall determine whether it concurs in such school district findings. The board shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination.

(Prior gen. code § 8-9.11)

Within an attendance area where the board of supervisors has concurred in a school district's findings that conditions of overcrowding exist, no discretionary permit for residential use and no building permit for new residential construction shall be approved in the attendance area, unless the board of supervisors makes one of the following findings:

A. That this chapter is derived from an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

B. That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the planning agency would benefit the county, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this chapter.

(Prior gen. code § 8-9.12)

Following the concurrence and decision by the county to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school 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 modification to the board of supervisors and the reasons for the modification.

(Prior gen. code § 8-9.13)

In an attendance area where the board of supervisors has concurred as provided in Section 16.32.080 of this chapter, the developer of applicable residence projects shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for mandated educational programs for elementary, middle/junior high, and/or high schools.

(Prior gen. code § 8-9.14)

Only payment of fees may be required for approval of projects containing fifty (50) parcels or less.

(Prior gen. code § 8-9.15)

Residential developments shall be exempt from the requirements of this chapter when they consist only of the following:

A. Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit;

B. A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;

C. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;

D. Any rebuilding of a historical building recognized, acknowledged and designated as such by the board of supervisors, state of California, or federal government.

(Prior gen. code § 8-9.16)

Any agreement existing prior to the effective date of the ordinance codified in this chapter between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be considered as satisfying this chapter's requirements.

(Prior gen. code § 8-9.17)

The location and amount of land to be dedicated or the amount of fees to be paid, or both shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary, middle/junior high, and/or high school facilities including all mandated educational programs and shall be reasonably related and limited to the need for schools caused by the development.

(Prior gen. code § 8-9.18)

A schedule for fees required to be paid in lieu of land dedication or in combination with land dedication shall be established by the board of supervisors for each attendance area where the board has concurred with the school district that conditions of overcrowding exist.

(Prior gen. code § 8-9.19)

When land is required to be dedicated, land shall equal in monetary value fees which would otherwise be market value of all the land in the residential project as determined by the most recent appraisal made at the direction of the board of supervisors at the time of discretionary action on the application. If the developer, or the school district, objects to this determination, either may present evidence for a different dedication requirement based on a recent appraisal of the property by a qualified real estate appraiser.

(Prior gen. code § 8-9.20)

When land is to be dedicated, it should be offered for dedication in the same manner as prescribed in the county subdivision ordinance for park dedication.

(Prior gen. code § 8-9.21)

Land required to be dedicated on tentative maps shall be conveyed at the time of filing final maps. All other dedication of land or payment of fees shall be made at the time the building permit is issued.

(Prior gen. code § 8-9.22)

Land and fees shall be held in trust by this county until such time as request for release of land or fees is made by the subject school district. Release of land or fees shall occur upon determination by the board of supervisors that the land or fees shall be used for appropriate interim school facilities and that said facilities would be consistent with the general plan.

(Prior gen. code § 8-9.23)

Where two or more separate school districts operate schools in an attendance area where the board of supervisors concurs that overcrowding conditions exist for the school districts, the board will enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this chapter.

(Prior gen. code § 8-9.24)

If any residential development permit covered by this chapter is voided or vacated, and if the applicant so requests, any land or fees collected for the development in trust by this county shall be returned to the applicant.

(Prior gen. code § 8-9.25)

Any school district receiving funds or land pursuant to this chapter 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 in the account at the end of 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 of supervisors.

(Prior gen. code § 8-9.26)

When it is determined by the board of supervisors that overcrowding conditions no longer exist in an attendance area, the county shall cease levying any fee or requiring the dedication of any land pursuant to this chapter for the area. The board shall schedule and hold a public hearing on the proposed termination prior to making its determination.

(Prior gen. code § 8-9.27)