Chapter 110.56 — MITIGATION FEES

State Law reference— Mitigation measures for conditions of overcrowding in school districts applicable to actions taken on residential development by Board of Supervisors, Government Code § 65971 et seq.

The County Board of Supervisors concurs that the conditions of overcrowding may exist in certain schools in the County and may make applicable the provisions of Chapter 4.7 (commencing with Government Code § 65970) of Division 1 of Title 7 of the Government Code and thereby necessitate the provision of means temporarily providing relief from such overcrowding pursuant to such provisions of the Government Code.

(Code 1997, § 15.56.010; Ord. No. 3206, § 2(part), 1981)

This chapter shall apply to any ordinance rezoning property to a residential use, the grant of any discretionary permit for residential use, the approval of any tentative subdivision map for residential purposes and the issuance of any building permit for a dwelling unit.

(Code 1997, § 15.56.020; Ord. No. 3206, § 2(part), 1981; Ord. No. 3605, § 46, 1986)

For the purposes of this chapter, the following terms shall have the following meanings, unless the context or subject matter otherwise requires:

Affected school district means an impacted school district or a school district in which is located an impacted school.

Agreement providing for a satisfactory temporary alternative to permanent school construction means an agreement which provides any temporary alternative to permanent school construction which is mutually satisfactory to the parties to the agreement; provided that the parties agree therein that:

(1)

The total cost of the temporary alternative (to the developer) is equivalent to the cost of providing temporary building space sufficient in area to accommodate that portion of the estimated enrollment from the proposed development that the parties agree will cause or increase impaction (district or school);

(2)

Such impaction (district or school) shall be computed and determined when building permits are applied for calculated upon the number applied for; and

(3)

Payment or other performance of the agreement shall be made prior to the issuance of the building permits.

Agreements under this definition may only be required in subdivisions of over 50 parcels or in multiple dwelling developments involving over 50 dwelling units and shall be executed and binding prior to the adoption of any ordinance rezoning property to a residential use, the grant of any discretionary permit for residential use or the approval of any tentative subdivision map for residential purposes.

Building permit means any permit issued by the County Building Official for construction of a residential dwelling unit, except to replace, repair or alter a previously existing dwelling unit, other than alterations adding a bedroom or bedrooms to such dwelling unit, including a permit issued to construct and install electrical or plumbing equipment to service a mobile home lot.

Classroom and related facilities means relocatable school buildings, including necessary appurtenances, and furniture, equipment or necessary apparatus to be used in connection with such buildings.

Developer means any person, firm or corporation seeking to construct a dwelling unit or to develop land for residential purposes.

Dwelling unit means a building, or portion thereof, planned or designed for use as a residence for one family or person only, living independently of other families or persons, and having its own bathroom and housekeeping facilities included in the unit (e.g., a one-family dwelling, each dwelling unit in a two-family dwelling, and each dwelling unit in a multiple-family dwelling), and includes a mobile home.

Impacted school means a school, whether or not situated in an impacted school district, the attendance area of which is determined to be overcrowded pursuant to Section 110.56.050.

Impacted school district means a school district which is determined to be overcrowded pursuant to Section 110.56.050.

(Code 1997, § 15.56.030; Ord. No. 3206, § 2(part), 1981)

A.

Permits issued for the replacement of an existing residence will be exempt from school fees provided that the replacement of such residence does not exceed the square footage of the original residence.

B.

If the new residence exceeds the square footage of the original residence, school fees shall be assessed on the area that exceeds the square footage of the original residence.

C.

No building permit shall be issued for any dwelling unit or habitable area additions within an affected school district unless:

(1)

The fees prescribed by this chapter have been paid to the County Building Official;

(2)

Written notice has been filed with the Building Official by the governing body of an affected school district, on a form provided by the County, that such governing body and the developer have entered into a binding agreement providing for the construction; or

(3)

The Board of Supervisors has approved of a residential development as authorized in Government Code § 65972(2).

(Code 1997, § 15.56.040; Ord. No. 3206, § 2(part), 1981; Ord. No. 3605, § 47, 1986; Ord. No. 3862, (part), 1988)

A school district shall become eligible to collect the fees or require agreements providing for a satisfactory temporary alternative to permanent school construction prescribed by this chapter when all of the following have occurred:

A.

The school district has submitted to the Board of Supervisors a resolution making the finding prescribed by Government Code § 65971 that a school attendance area or a school district is overcrowded and has submitted to the Board of Supervisors clear and convincing evidence in support of such findings.

B.

The Board of Supervisors, after hearing at a regularly scheduled meeting, has concurred in such findings and has made the following additional findings:

That the general plan provides for the location of public schools;

That the facilities to be constructed from the fees prescribed by this chapter or any land to be dedicated, or both, is consistent with the general plan;

That the school district has considered and implemented, attempted to implement, or rejected for good cause the following measures for mitigating overcrowding in the district:

a.

Temporary buildings;

b.

Busing;

c.

Double sessions;

d.

Extended day program;

e.

Year-round school attendance;

f.

Open enrollment;

g.

School boundary realignment;

h.

Elimination of low priority uses;

i.

Increasing the tax rate (within limitations of law);

j.

Bond issues.

(Prior Code, § 15.40.050; Code 1997, § 15.56.050; Ord. No. 3206, § 2(part), 1981)

Before any developer is issued a permit to construct a dwelling unit or dwelling units in an affected school district, he or she shall pay to the County Building Official the fees as set by the Board of Supervisors by ordinance or resolution after proper justification by an affected school district or shall enter into an agreement providing for a satisfactory temporary alternative to permanent school construction. Evidence of such agreement shall be provided to the Building Official prior to the issuance of a building permit in an affected school district.

(Prior Code, § 15.40.060; Code 1997, § 15.56.060; Ord. No. 3206, § 2(part), 1981; Ord. No. 3605, § 48, 1986)

Prior to the issuance of a permit, a project may be found by the Building Official to be exempt from the fees required by this chapter provided that:

A.

The dwelling units proposed would qualify as senior citizen housing within the meaning of Civil Code § 51.3; and

B.

The developer submits documentation of recorded instruments, or enters into an agreement with the County which prohibits the residence of minor children in the development. Any such documentation or agreement must be approved by the County Counsel.

(Code 1997, § 15.56.065; Ord. No. 3605, § 49, 1986)

A.

Any fees provided an affected school district pursuant to this chapter shall be used only for the purpose of providing interim elementary or high school classrooms and related facilities. Any school district receiving funds pursuant to this chapter shall maintain a separate account for any fees paid to the district and shall file a report with the Board of Supervisors on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. Such report shall specify which attendance areas will continue to be overcrowded when the fall term begins and when conditions of overcrowding will no longer exist.

B.

Such report shall be filed no later than October 15 of each year.

C.

The ordinance from which this chapter is derived shall become effective in any affected school district as of October 15 of any year in which such report indicates conditions of overcrowding will no longer exist in the ensuing fall term in such district.

D.

One year after receipt of an apportionment pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 22, commencing with Education Code § 17700 of Part 10 of the Education Code) for the construction of a school, the city or county shall not be permitted thereafter, pursuant to this chapter or pursuant to any other school facilities financing arrangement such district may have with builders of residential development, to levy any fee or to require the dedication of any land within the attendance area of the district. However, any time after receipt of the apportionment there may be a determination of overcrowding pursuant to Government Code § 65971, if there is the further finding that:

During the period of construction additional overcrowding would occur from continued residential development; and

That any fee levied and any required dedication of land levied after the receipt of the construction apportionment can be used to avoid the additional overcrowding prior to the school being available for use by the school district.

E

Any amounts of fees collected or land dedicated after the receipt of the construction apportionment and not used to avoid overcrowding shall be returned to the person who paid the fee or made the land dedication.

(Prior Code, § 15.40.070; Code 1997, § 15.56.070; Ord. No. 3206, § 2(part), 1981; Ord. No. 3477, § 2, 1984)