Chapter 812-12 — PROCEDURES

At the time of filing an application for the issuance of a building permit or for the approval of a proposed residential development (rezoning, tentative subdivision map or discretionary permit) located in an attendance area where the board has concurred as provided in Chapter 812-6, the applicant shall, as part of such filing, indicate whether the applicant prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, the applicant shall suggest the specific land.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-10).

At the time of initial residential development or building permit approval, the planning agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the agency shall consider the following factors:

(1)

Whether lands offered for dedication will be consistent with the general plan;

(2)

The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

(3)

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

(4)

Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

(5)

If only a subdivision is proposed, whether it will contain fifty parcels or less.

(Ord. 78-10).

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the county's subdivision ordinance for streets and public easements.

(Ord. 78-10).

If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.

(Ord. 78-10).

Land and fees shall be held in trust by the county until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

(Ord. 78-10).

812-12.212 - County refunds.

(a)

If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is vacated or voided and if the county still retains the land and/or fees collected for it, and if the applicant so requests, the board shall order return to the applicant of such land and/or fees.

(b)

If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is cancelled or voided, and if the affected school district still retains the land and/or fees transferred to it by the county, and if the applicant so requests, the school district shall return to the applicant such land and/or fees.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-10).

812-12.214 - School facilities and developer requirements.

When a school district is levying a fee, charge, dedication, or other form of requirement against a development project within its boundaries pursuant to Section 53080 and Chapter 4.9 (Section 65995 ff) of the Government Code and has notified the county's building inspector of the levy, that school district's levy shall satisfy any requirements of this chapter upon the building inspector's receipt of appropriate certification from the district of compliance by the involved development project with its levy; provided, that if a school district's certificate of compliance notifies the county's building inspector that its levy for a development project is less than any fee established pursuant to this chapter for the project's attendance

area, the building inspector shall credit the school levy against this chapter's required fee prior to its collection.

(Ord. 86-99).