Kern County Municipal Code Ch. 17.52 School Facilities Fees and Dedications

This chapter shall be known and may be cited as the "School Facilities Ordinance."

(Prior code § 5890)

This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code, as adopted by Chapter 955 of Statutes of 1977, for the purposes of implementing the provisions of said statute in the unincorporated areas of the county of Kern, and to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding in schools, and this chapter shall be construed consistently with said statute as now in effect and as it may be amended from time to time.

(Prior code § 5890.1)

A. The Board of Supervisors may, from time to time, by resolution adopt regulations for the administration and implementation of this chapter, not inconsistent with it or the aforementioned statute, and amend such regulations.

B. Such regulations and amendments shall only be adopted after a public hearing, noticed as provided in subsection (C) of Section 17.52.130.

(Prior code § 5890.2)

A. Divisions of Land Which Create No Additional Parcels. This chapter does not apply to any parcel map or division of land after waiver of parcel map which does not create one (1) or more additional parcels or lots, provided it does not create a parcel for purposes of residential development where no such parcel previously existed.

B. Subdivision or Lots Not Intended For Residential Development. This chapter does not apply to any subdivision or any lot created by a subdivision, if the subdivider shows, and the Board of Supervisors finds in the exercise of its reasonable discretion, that it is not intended for use for construction of any dwelling unit or installation of any mobilehome and that it is not likely that it will be used for such purpose.

(Prior code §§ 5890.14.2, 5890.14.3)

When not inconsistent with the context of this chapter, words used in the present tense include the future, words in the singular number include the plural number, words in the plural number include the singular number, and the masculine includes the feminine.

(Prior code § 5890.3(b))

For the purposes of this chapter. certain terms and words shall have the definition and meaning provided in this section, unless the context clearly requires a different meaning.

A. "Board" means the Board of Supervisors of the county of Kern.

B. "Complying developer" means any developer of a residential development who has paid fees levied under this chapter or has dedicated land required under this chapter with respect to standards adopted for a particular overcrowded attendance area, and shall include his successors and assigns,

C. "Conditions of overcrowding" means that the total enrollment of a school or schools serving a particular attendance area, including enrollment from an area of proposed development, exceeds the capacity of such school or school, as determined by the governing body of the school district.

D. "Dwelling unit" or "residential dwelling unit" means and includes a single-family dwelling, and also means and includes each unit or apartment designed for residential habitation by one or more occupants, within a multiple-unit dwelling structure apartment building, townhouse or condominium. A dwelling unit which is, or is a part of, factory built housing installed under Sections 19960 et seq. of the Health and Safety Code is subject to the requirements of this chapter the same as any other dwelling unit.

E. "Mobilehome" has the meaning given in Chapter 19.04 of this code (zoning ordinance).

F. "Mobilehome park" has the meaning given in Chapter 19.04 of this code (zoning ordinance).

G. "Mobilehome site" or "mobilehome space" means each space in a mobilehome park designed to be used for parking a mobilehome on a temporary or permanent basis. The word "site" when used in context with "mobilehome park" means a mobilehome site.

H. "Residential development" means a subdivision of land for the purpose of constructing one (1) or more dwelling units thereon or installation of one (1) or more mobilehomes thereon; a project for development of a mobilehome park; a project for installation of one (1) or more mobilehomes; or a project for construction of one (1) or more dwelling units.

I. "School district" means and includes any school district which operates an elementary or high school, the boundaries of which include any land within the unincorporated areas of the county of Kern.

J. "Subdivision" has the meaning given in Section 66424 of the Government Code (Subdivision Map Act), and includes, but is not confined to, a subdivision of land after waiver of parcel map which creates one (1) or more additional parcels.

K. "Waiver of parcel map" means the waiver of the requirements for filing a parcel map in connection with subdivision of land as provided in Division II of Title 18 of this code, also known as the parcel map ordinance.

(Prior code §§ 5890.3(a), 5890.3.1—5890.3.12)

This chapter shall have no application unless the governing body of a school district, pursuant to Government Code Section 65971, makes a finding, showing by clear and convincing evidence all of the following:

A. That conditions of overcrowding exist in one (1) or more attendance areas within the district which will impair the normal functioning of educational programs;

B. The reasons for the existence of such conditions;

C. The mitigation measures which have been considered by the school district;

D. That all reasonable methods of mitigating such conditions of overcrowding have been evaluated;

E. That no feasible method for reducing such conditions of overcrowding exist.

(Prior code § 5890.4)

A. A school district may send a notice of findings to the Board of Supervisors, which shall include the following:

1. A copy of the resolution of the governing body of the school district containing the findings listed in Section 17.52.070;

2. A summary of the evidence upon which such findings were based;

3. A description or map showing the boundaries of the overcrowded attendance area or areas referred to in such findings;

4. The recommendation of the governing board of the school district for the amount of fees to be collected or the amount of land to be dedicated in relation to each dwelling unit, mobilehome, or subdivision lot; and the location of land to be dedicated, if it has been determined;

5. A summary of the facts which show that the amount of fees and/or the amount of land. and such location, so recommended, bear a reasonable relationship and will be limited to the needs of the community for interim school facilities, and shall be reasonably related and limited to the need for schools caused by the development; and

6. Such other information as may be required by regulations adopted by the Board.

B. If the recommendation submitted under paragraph (4) of subsection (A) of this section provides for fees for interim facilities to be assessed on a development as a condition of approval of a subdivision, such recommendation shall be submitted to the Board within sixty (60) days following the issuance of the initial permit for the development. Failure to provide the recommendation of fees to be assessed within the sixty (60) day period shall constitute a waiver by the governing body of the school district of its authority to request fees pursuant to this chapter.

(Prior code § 5890.5)

The governing board of the school district shall agree with the county that, in accordance with Government Code Section 65976, if the Board decides to require dedication of land or payment of fees, or both, that the governing board of the district shall:

A. Submit to the Board a schedule specifying how it will use the land or fees, or both. to solve the conditions of overcrowding, which shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available;

B. Submit modifications thereof to the Board, stating the reasons for such modifications, in the event it cannot meet such schedule.

(Prior code § 5890.6)

A. The governing board of the school district shall agree with the county that, in accordance with Government Code Section 65978, if it receives funds arising from such fees or from the disposition of any land or facilities dedicated under this chapter or purchased with such fees, it shall:

1. Maintain a separate account for all such funds;

2. File reports with the Board on the balance in the account at the end of each previous fiscal year;

3. File reports with the Board showing the facilities leased, purchased or constructed during each previous fiscal year;

4. File reports with the Board specifying which attendance areas will continue to be overcrowded when each fall term begins and where conditions of overcrowding will no longer exist.

B. The reports mentioned in this section shall be filed with the Board by October 15th of each year, and shall be filed more frequently if requested by the Board.

(Prior code § 5890.7)

The governing board of the school district shall agree with the county that the district and its governing board stipulate to all the terms and provisions of this chapter and covenant to do those acts and refrain from those acts required to be done or refrained from by a school district or its governing board under this chapter, in case the Board decides to require dedication of land or payment of fees, or both, because of conditions of overcrowding in such district.

(Prior code § 5890.8)

A. The governing board of the school district shall also agree with the county with respect to any matter as required by regulations adopted by the Board at least thirty (30) days prior to the date fixed for the hearing provided in Section 17.52.130 of this chapter.

B. Each of the agreements mentioned in Section 17.52.090 through 17.52.120 shall be submitted to the Board prior to the public hearing required by Section 17.52.130.

(Prior code § 5890.10)

A. Within sixty (60) days after receipt of notice of findings from a school district which conform with Sections 17.52.070 and 17.52.080, but in any case not sooner than thirty (30) days after the effective date of the ordinance from which this chapter derives, the Board shall conduct a public hearing to consider such notice of findings. Such hearing may be continued from time to time. Any interested person, including but not confined to one or more representatives of the governing board of the school district, may appear at such a hearing and shall be heard.

B. At the conclusion of such hearing the Board shall determine by resolution whether or not it concurs in the findings of the governing board of the school district that conditions of overcrowding exist, and, if it so concurs, it shall consider the standards mentioned in Section 17.52.150 and the findings mentioned in Section 17.52.170.

C. Notice of the time and place of the public hearing shall be given at least ten (10) days before the hearing in the manner following:

1. Such notice shall be given by publication once in a newspaper of general circulation published in the county and circulated in the school district, or if there is none, then in a newspaper of general circulation published and circulated in the county;

2. By mailing a copy of such notice to the governing board of the school district;

3. By mailing a copy of the notice to the planning director;

4. By mailing a copy of such notice to any person who may file a request in writing therefor with the planning director or the clerk of the Board and who shall furnish therewith an envelope addressed for such purpose with postage prepaid:

5. Any notice required to be mailed may be given by personal delivery, in lieu of mailing.

D. Such notice shall also identify the school district, and generally describe the boundaries of the attendance area or areas in question, and shall refer to the notice of findings of the governing board of the school district and state when and where the same may be examined by any interested person.

E. Within ten (10) days after conclusion of the hearing, the Board shall declare its decision and any findings in such matter. The clerk of the Board shall mail a copy of the resolution or order of the Board on such decision and findings to each of the persons to whom notice of the hearing was required to be mailed under this section.

(Prior code § 5890.11)

If any public hearing or hearing on appeal required by this chapter is conducted later than the time provided or any decision or finding required by this chapter is rendered or declared later than the time provided, no such delay shall be deemed to invalidate any such hearing, appeal, determination or finding.

(Prior code § 5890.11.1)

After the public hearing provided in Section 17.52.130, and if the Board concurs in the findings of the governing board of the school district that conditions of overcrowding exist, and if the Board adopts a resolution making the findings mentioned in Section 17.52.170, then:

A. If the Board concurs in the recommendations of the governing board of the school district as to amount of fees or amount of land to be dedicated or location of the land to be dedicated, it shall by resolution adopt same as the standard for application of this chapter with respect to the overcrowded attendance area or areas in question.

B. If the Board does not concur in any of the recommendations of the governing board of the school district mentioned in subsection (A) of this section, it shall by resolution request further recommendations from the governing board of the school district.

C. If standards for fees are established under subsection (A) of this section, the resolution shall provide that in lieu of the fees, the builder of a residential development may. at his or her option and at his or her expense, provide interim facilities, owned or controlled by such builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder's expense, remove the interim facilities from such place.

D. From and after the effective date of this amendment the builder of a residential development located in any area for which standards for fees have been established under this section and who has not yet paid such fees may exercise the option provided for in subsection (C) of this section.

(Prior code § 5890.12)

The board may, from time to time, revise any standards established pursuant to Section 17.52.160, after a public hearing conducted after notice as provided in Section 17.52.130, if the Board adopts a resolution making the findings mentioned in Section 17.52.170 relative to such revised standards.

(Prior code § 5890.12.1)

The findings required to be made by the Board under Sections 17.52.150 and 17.52.160 are as follows:

A. That the governing board of the school district has found that the amount of land required to be dedicated or the amount of fees required to be paid, or both, under the standards it recommended to the Board under Section 17.52.080, bear a reasonable relationship, and will be limited to the needs of the community for interim elementary or high school facilities, as the case may be, and are reasonably related and limited to the need for schools caused by the development;

B. That the governing board of the school district has found that the fees will not exceed the amount necessary to pay five (5) annual lease payments for the interim facilities:

C. That the school district has furnished the Board with an agreement or agreements with respect to each of the matters mentioned in Sections 17.52.090 through 17.52.120.

(Prior code § 5890.13.1)

A. Any fees collected under this chapter by reason of overcrowded attendance area or areas of a school district shall be held in trust in the county treasury for the benefit of such school district unless or until the Board of Supervisors has found, after a public hearing noticed as provided in Section 17.52.130, as follows:

1. That the county general plan provides for the location of public schools;

2. That the facilities proposed to be provided by the school district by use of such fees are consistent with the county general plan;

3. That the facilities proposed to be provided by the school district by use of such fees bear a reasonable relationship, and will be limited to the needs of the community for interim elementary or high school facilities, as the case may be, and will be reasonably related and limited to the need for schools caused by the development:

4. That the facilities proposed to be provided by the school district conform to the limitations set forth in Government Code Section 65980:

5. That the fees do not exceed the amount necessary to pay five (5) annual lease payments for the interim facilities: and

6. That district agrees to indemnify and hold the county harmless in the event county must, for any reason, refund to any person or entity whatsoever, any funds collected pursuant to this chapter.

B. The school district shall request the hearing required by this section. Such request shall contain the amounts needed for interim school facilities and the facts which support findings paragraphs (1) through (5) of subsection (A) of this section. A copy of such request shall be forwarded to the county department of planning and community development, which shall determine whether the Board may properly make findings (A)(1) through (A)(5) of this section and advise the Board in writing of its conclusions.

C. In case the Board adopts a resolution containing the findings required by this section, it shall cause a certified copy thereof to be sent to the school district and to the county auditor-controller, and thereafter the school district shall be entitled to periodic payment of the accumulated fees as provided in Section 17.52.340, at least quarterly.

(Prior code § 5890.13.2)

(Ord. No. G-8035, § 59, 4-20-10)

A. No school district shall accept any dedication of land under this chapter unless or until the Board of Supervisors has found, after a public hearing noticed as provided in Section 17.52.130, as follows:

1. That the county general plan provides for the location of public schools;

2. That such land when used for the intended school purposes will be consistent with the county general plan; and

3. That the location and amount of such land bears a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities, as the case may be, and will be reasonably related and limited to the need for schools caused by the development.

B. The school district shall request the hearing required by this section. Such request shall contain the facts which support findings (A)(l) through (A)(3) of this section. A copy of such request shall be forwarded to the county planning department, which shall determine whether the Board may properly make findings (A)(l) through (A)(3) of this section and advise the Board in writing of its conclusions.

C. When the Board adopts a resolution containing the findings mentioned in this section, it shall cause a certified copy thereof to be sent to the school district.

(Prior code § 5890.13.3)

In the interpretation, ascertainment and application of the standards established by the Board, only the payment of fees shall be required in any of the following cases:

A. A subdivision containing fifty (50) lots or less;

B. A mobilehome park containing fifty (50) mobilehome sites or less;

C. A building permit or other permit for construction of a residential dwelling unit or installation of a mobilehome.

(Prior code § 5890.14.1)

A. In case land is dedicated in connection with approval of a subdivision, the fair market value of the land at the time of such approval shall be established by agreement between the governing board of the school district and the subdivider, and the amount thereof shall be reported to the planning director; and if they cannot agree, they shall report that fact to the Board, which shall establish such fair market value after a public hearing, noticed as provided in Section 17.52.140(C).

B. The planning director shall ascertain the amount of fees which are, or would be, payable as a condition to approval of the subdivision under the standards adopted by the Board.

C. If the fair market value of the land, as determined under this section, exceeds the amount of fees ascertained under subsection (B) of this section, at such time as approval of the tentative map and the acceptance of the dedication have both been completed, the school district shall pay the subdivider the amount by which the fair market value of such land, as determined under this section, exceeds the amount ascertained under subsection (B).

D. If the school district pays the subdivider the amount of the excess mentioned in subsection (C) of this section, the amount to be credited to each lot in the subdivision, as provided in Section 17.52.330, shall be based on the amount ascertained under subsection (B), instead of the fair market value of the land.

E. If the fair market value of the land, as determined under this section, is equal to or less than the amount ascertained under subsection (B) of this section, the amount of such value shall be credited to the respective lots in the subdivision as provided in Section 17.52.330.

F. The provisions of this section shall also apply in case land is dedicated in connection with approval of a mobilehome park, in which case references to "subdivision" shall mean "mobilehome park" and references to "lots" shall mean "mobilehome sites."

G. If land is dedicated to a school district for a fixed or ascertainable term, there shall be established under this section the fair rental value of a lease of such land for such term, and the amount so established shall be applied in lieu of "fair market value" wherever mentioned in this section.

H. At any board hearing for the purpose of establishing fair market value of land, as mentioned in subsection (A) of this section, the Board shall consider the reports of three (3) appraisers, one (1) to be selected by the school district, one (1) to be selected by the subdivider, and the third to be selected by the two (2) selected by the district and the subdivider. The fees and expenses of such appraisers shall be divided equally between and paid by the school district and the subdivider, and in any case the county shall not be liable therefor.

(Prior code § 5890.14.4)

A. In accordance with subdivisions (c) and (g) of Government Code Section 65974. any land or fees transferred to each school district under this chapter shall be used only for the purpose of providing interim elementary or high school classroom and related facilities, as the case may be, according to the needs of the community and reasonably related and limited to the need for schools caused by the residential development.

B. In accordance with Government Code Section 65980, the interim facilities made available by fees collected under this chapter shall be limited to the following:

1. Temporary classrooms not constructed with permanent foundation and defined as a structure containing one (1) or more rooms, each of which is designed, intended and equipped for use as a place for formal instruction of pupils by a teacher in a school;

2. Temporary classroom toilet facilities not constructed with permanent foundations;

3. Reasonable site preparation and installation of temporary classrooms.

(Prior code § 5890.14.5)

In accordance with subdivision (e) of Government Code Section 65974, all land dedicated to each school district under this chapter and all facilities provided from use of fees collected under it shall be consistent with the county general plan; and, prior to acceptance of any such dedication, or authorization or construction of any such facilities, each school district shall submit the same to the county planning commission for a report as to conformity with the county general plan, pursuant to Government Code Section 65402 and Education Code Section 39004, if it has not been previously submitted and reported upon.

(Prior code § 5890.14.6)

A. If overcrowding conditions cease to exist in any attendance area of a school district as to which standards have been adopted under this chapter, the governing board of the district shall promptly adopt a resolution so finding, and send a certified copy of it to the Board of Supervisors.

B. The board of supervisors shall also be authorized to find that overcrowding conditions have ceased to exist in any attendance area of a school district as to which standards have been adopted under this chapter, after a public hearing, noticed as provided in Section 17.52.130.

C. If a finding is made as mentioned in this section:

1. Each county officer responsible for application of such standards shall cease levying any fees or requiring dedication of any land with respect to such attendance area;

2. If the county holds in trust or otherwise controls any fees or land furnished under this chapter, with respect to such attendance area, the Board of Supervisors shall make an order requiring the same to be refunded or reconveyed to each complying developer; and

3. If the school district holds or controls any fees or land furnished under this chapter with respect to such attendance area, which has not been expended for or otherwise devoted to mitigating conditions of overcrowding, the governing board of the school district shall cause the same to be refunded or reconveyed to each complying developer.

(Prior code § 5890.14.7)

A. If an application for a residential development is withdrawn, vacated or voided, or (in the case of a subdivision map) if the land therein has been reverted to acreage, which is in an attendance area for which a standard has been adopted under this chapter:

1. Each county officer responsible for application of such standards shall cease levying any fees or requiring dedication of any land with respect to such residential development or reverted subdivision:

2. If the county holds in trust or otherwise controls any fees or lands furnished under this chapter with respect to such residential development, or reverted subdivision, the Board of Supervisors shall make an order requiring the same to be refunded or reconveyed to the complying developer; and

3. If the school district holds or controls any fees or lands furnished under this chapter with respect to such residential development, or reverted subdivision, which has not been expended for or otherwise devoted to mitigating conditions of overcrowding, the governing board of the school district shall cause the same to be refunded or reconveyed to the complying developer.

B. Nothing in this section shall be construed to require refund of any fee paid as a condition to approval of a permit for construction of any dwelling unit which is actually constructed, or for installation of any mobilehome which is actually installed.

(Prior code § 5890.14.8)

A. If one (1) or more overcrowded attendance areas of a school district at any time overlap in whole or in part any overcrowded attendance area of a separate school district or districts, such school districts shall enter into an agreement for the purpose of determining the distribution among them of revenues from the fees levied under this chapter provided, that if they shall fail to so agree after a reasonable time, the Board of Supervisors shall be authorized, in the exercise of its reasonable discretion, to determine by resolution the distribution of such revenues among them, after a public hearing noticed as provided in Section 17.52.130, which shall have the same effect as if such districts had agreed thereon.

B. A certified copy of such agreement or resolution shall be delivered to the county auditor-controller and the planning director.

C. The county auditor-controller shall distribute and deposit any revenue collected under this chapter among the trust accounts of such school districts, as provided in Section 17.52.340, pro rata according to such agreement or resolution, so long as the same may be in effect.

D. Such school districts may, by mutual agreement. amend or terminate any such agreement, at any time and from time to time, in which case a certified copy of such agreement shall be delivered to the county auditor-controller and the planning director.

E. The board of supervisors shall be authorized on its own motion, and shall on request of any such district, reconsider any prior determination made by it under this section, after a public hearing noticed as provided in Section 17.52.130, and, after such hearing, the Board may, in the exercise of its reasonable discretion, by resolution amend or terminate its prior determination or make a new determination, which shall have the same effect as if said districts had agreed thereon; in which case, a certified copy of any such resolution shall be delivered to the county auditor-controller and the planning director.

F. A certified copy of any resolution adopted by the Board under this section shall also be delivered to each affected school district.

(Prior code § 5890.14.9)

A. The standards established by the Board may take into account the acreage or the number of lots, in case of subdivisions; the acreage or number of sites, in the case of mobilehome parks; the number of dwelling units or number of bedrooms therein, in the case of building permits or other permits for construction of residential dwelling units: the number of mobilehomes or number of bedrooms therein, in the case of permits for installation of mobilehomes.

B. The standards established by the Board may define what constitutes a bedroom for the purposes of such standards.

(Prior code § 5890.14.10)

A. Except as provided in subsection (B) of this section, no fee shall be charged in event of reconstruction or replacement of, or an addition to, a dwelling unit or mobilehome.

B. If the number of bedrooms in a dwelling unit or mobilehome is increased as a result of a reconstruction, replacement,or addition, a fee shall be paid on account of each additional bedroom according to fee-per-bedroom provisions, if any, under standards in effect at the time of application for the permit required for such reconstruction, replacement or addition.

(Prior code § 5890.14.11)

No fee shall be charged for installation ofa mobilehome under a variance, which requires removal of the mobilehome after a specified period, in the following cases:

A. Where such mobilehome is to be used as the residential habitation of an ill, disabled or aged person, and which mobilehome is required to be removed when such person ceases to so occupy it;

B. Where such mobilehome is to be used as the residential habitation for a person who will care for an ill, disabled, or aged person residing nearby and which mobilehome is required to be removed when such care is no longer rendered;

C. Where such mobilehome is to be used as a residential habitation during the course of construction of a dwelling unit on the same lot and which mobilehome is required to be removed within not more than two (2) years or when such dwelling unit is completed, if sooner;

D. Where such mobilehome is to be used as the residential habitation for a watchman or caretaker and which mobilehome is required to be removed within not more than two (2) years.

(Prior code § 5890.14.12)

A. On written request of any officer, board, or body of the county responsible for application of requirements for payment of fees or dedication of land, as a condition to approval of a residential development, the planning director shall interpret the standards established by the Board and ascertain the requirements appropriate to the residential development in question, and report the same to such officer, board, or body.

B. In case of any dispute or uncertainty with respect to the meaning or proper application of any standards established under this chapter, including but not confined to the amount of fees to be paid, or the size, shape or location of land to be dedicated, the applicability of such standards to a particular project or part thereof, or with respect to the amount or manner of crediting for fees previously paid or land previously dedicated, the matter shall be submitted in writing to the planning director for his decision.

C. The planning director shall make his decision in any matter mentioned in this section within ten (10) days after its submission to him, and shall within seven (7) days declare his decision and give notice in writing thereof to the subdivider or applicant, as the case may be, to any affected school district, and to any county officer, board, or body responsible for application of such requirements in the particular case.

(Prior code § 5890.15)

A. Any interested person who is not satisfied with any decision or action of the planning director made under this chapter, or of any county officer, board, or body responsible for application of the requirements of this chapter, may appeal to the Board of Supervisors as provided in this section.

B. "Interested person," for the purposes of this section, includes the subdivider or the applicant for a building permit or other permit for a residential development affected by such decision or action, the governing board of a school district affected by such decision or action, or any county officer, board, or body responsible for application of any requirements of this chapter to the particular case.

C. Notice of such appeal shall be in writing and shall be filed with the clerk of the Board within fifteen (15) days after such decision or action.

D. The board of supervisors shall hear the appeal, upon notice as hereinafter provided, within fifteen (15) days after the filing of the notice of appeal, or at its next succeeding regular meeting after such fifteen (15) day period.

E. The clerk of the Board shall cause notice of the hearing by the Board to be given at least seven (7) days before the date of the hearing by mailing such notice to the appellant, the subdivider, or applicant, any affected school district, and any county officer, board, or body responsible for application of the requirements in the particular case. Such notice may be given to any party aforementioned by personal delivery, in lieu of mailing, at the option of the clerk of the Board.

F. Within ten (10) days following the conclusion of its hearing the Board shall render its decision on the appeal. The clerk of the Board shall mail a copy of its order or resolution on such decision to each person to whom notice of appeal was required to be given.

G. Any notice required to be given by this section shall also be given by mail to any person who delivers a request in writing therefor to the clerk of the Board with an envelope addressed for such purpose, with postage prepaid. In the case of a notice of hearing, it shall be mailed within the time provided in subsection (E) of this section, unless such request for notice is delivered later than the time so provided, in which case, the notice shall be promptly mailed.

H. Any decision of the planning director shall be final if it is not timely appealed as herein provided. Any decision of the Board of Supervisors on any such appeal shall be final.

(Prior code § 5890.16)

With respect to residential developments situated within any attendance area for which the Board has established a standard for fees to be paid or land to be dedicated, such standards shall be applied in one (1) or more of the following ways as specified in the resolution establishing the standards or, if applicable, as specified in the provisions of the land use zoning ordinance of the county (Title 19 of this code) dealing with mobilehome parks:

A. In the case of a tentative parcel map or tentative map for a final map subdivision or waiver of parcel map, such requirements shall be one of the conditions of approval thereof; and where a dedication of land is required, unless and until such requirements have been satisfied, the county surveyor shall not certify a final map under Section 18.20.150 of this code, the advisory agency shall not release a parcel map to the county surveyor for certification, and the advisory agency shall not issue a certificate of compliance, as the case may be.

B. Such requirements shall be a condition to approval of a mobilehome park; and no building permit, construction permit, grading permit or permit to operate, as the case may be, shall be issued in connection with a mobilehome park until such requirements have been satisfied.

C. Such requirements shall be a condition to approval of a building permit or other permit for construction of one (1) or more dwelling units or for installation of a mobilehome; and no such permit shall be issued until such requirements have been satisfied.

(Prior code § 5890.17)

A. In case fees are paid in connection with approval of a subdivision, under this chapter, each lot shall be credited with the amount of fees paid on account of it, provided that if such fees are paid on an acreage basis, then each lot shall be credited with that proportion of the aggregate fees paid as its area bears to the area of all lots in the subdivision. In case of application for a building permit or other permit for construction of one (1) or more dwelling units or installation of one (1) or more mobilehomes on any lot to which fees have been so credited, the fee required as a condition of approval of such permit under this chapter shall be reduced by the amount previously credited to such lot. In case of further subdivision of a parcel or lot to which fees have been so credited, any fees required as a condition of approval of such further subdivision under this chapter shall be reduced by the amount previously credited to such parcel or lot.

B. In case fees are paid under this chapter in connection with approval of a mobilehome park, each site shall be credited with that portion of the fee so paid, determined by dividing it by the total number of sites in the mobilehome park, and in case of application for a permit for installation of a mobilehome on a site to which fees have been so credited, the fee required as a condition of approval of such permit under the standard shall be reduced by the amount previously credited to such site.

C. In case land is dedicated under this chapter in connection with approval of a subdivision, each lot therein shall be credited with that proportion of any sum required to be credited to lots under Section 17.52.210, as the area of each such lot bears to the aggregate areas of all lots in the subdivision, in addition to any other amount required to be credited to lots under subsection (A) of this section.

D. In case land is dedicated under this chapter in connection with approval of a mobilehome park, each site therein shall be credited with that portion of any sum required to be credited to such sites under Section 17.52.210, determined by dividing it by the total number of sites in the mobilehome park, in addition to any other amount required to be credited to sites under subsection (B) of this section.

(Prior code § 5890.18)

A. Fees collected under this chapter with respect to a particular school district shall be deposited in a trust account in the county treasury for the benefit of such school district.

B. Upon receipt by the county auditor-controller of a certified copy of a resolution of the Board containing the findings required by Section 17.52.180, the auditor-controller shall draw his warrant in favor of the school district against the trust account with respect to any fees accumulated therein, and shall thereafter from time to time, at least quarterly, pay the accumulated fees to the district, without necessity for any other order of the Board.

C. Interest shall be added to each such trust account in the county treasury computed on the basis of the average rate of return on general fund moneys of the county as invested by the county treasurer as permitted by law, with respect to the average daily balance of such trust account during the time it is so held; and the treasurer shall be authorized to deduct therefrom his actual administrative costs under Government Code Section 27013, consistently with his general practice with respect to other trust funds: and the sums payable to the school district or to any complying developer under this chapter shall include pro rata the amount of such interest less such deduction.

D. No sum shall be paid or refunded by the county to a complying developer, except on order of the Board.

(Prior code § 5890.19)