San Benito County Municipal Code Art. VI School Facilities Fees and Dedications

This article shall be known and may be cited as the “School Facilities Fee/Dedication Ordinance”.

(1966 Code, § 15A-1) (Ord. 407, § 101, 1978)

This article is adopted pursuant to the provisions of Cal. Gov’t Code Chapter 4.7 (commencing with § 65970) of Division 1 of Title 7.

(1966 Code, § 15A-2) (Ord. 407, § 102, 1978)

The purpose of this article is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

(1966 Code, § 15A-3) (Ord. 407, § 103, 1978)

The Board of Supervisors may, from time to time, by resolution, issue regulations to provide for the administration and implementation of this article.

(1966 Code, § 15A-4) (Ord. 407, § 104, 1978)

(A) The county’s general plan provides for the location of public schools.

(B) Where facilities are to be constructed from fees or land required to be dedicated hereunder, or both, they shall be consistent with the general plan.

(1966 Code, § 15A-5) (Ord. 407, § 105, 1978)

SUBARTICLE II. DEFINITIONS

CONDITIONS OF OVERCROWDING. The total enrollment of an attendance area’s school or schools, including enrollment from proposed development, exceeds the capacity of such school or schools within the attendance area, as determined by the governing body of the school district.

(1966 Code, § 15A-6) (Ord. 407, § 201, 1978)

DECISION-MAKING BODY. The Board of Supervisors or its designee.

(1966 Code, § 15A-7) (Ord. 407, § 202, 1978)

DWELLING UNIT. A building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit.

(1966 Code, § 15A-8) (Ord. 407, § 203, 1978)

REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVERCROWDING. Includes but is not limited to, concepts such as:

(A) Any agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development;

(B) The use of relocatable structures, student transportation and school boundary realignments;

(C) The use of available bond or state loan revenues to the extent authorized by law;

(D) The use of funds which could be available from the sale of surplus school district real property and funds available from other appropriate sources, as determined by the governing body of affected school districts; and

(E) Agreements between a subdivider or other developer of residential developments in the affected school district whereby temporary use buildings will be leased to or for the benefit of the school district or temporary use buildings owned by the school district will be used.

(1966 Code, § 15A-9) (Ord. 407, § 204, 1978)

RESIDENTIAL DEVELOPMENT. A project containing residential dwellings, including mobile homes, of one or more units, or a division of land for the purpose of constructing one or more residential units. RESIDENTIAL DEVELOPMENT includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit or any other discretionary permit for new residential use.

(1966 Code, § 15A-10) (Ord. 407, § 205, 1978)

SUBARTICLE III. OVERCROWDING ATTENDANCE AREA

(A) Pursuant to Cal. Gov’t Code §§ 65970 et seq., the governing body of a school district may make a finding supported by clear and convincing evidence that:

(1) 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;

(2) All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

(3) No feasible method for reducing such conditions exists.

(B) Upon making these findings, the school district must provide the county with written notice of its findings as provided in § 5.01.191.

(1966 Code, § 15A-11) (Ord. 407, § 301, 1978)

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

(A) The findings listed in § 5.01.190;

(B) Findings of facts and a summary of the evidence upon which the findings in § 5.01.190 were based;

(C) The mitigation measures and methods, including those listed in § 5.01.178, considered by the school district in any determination made concerning them by the district;

(D) The precise geographic boundaries of the overcrowded attendance area or areas; and

(E) Such other information as may be required by a Board regulation.

(1966 Code, § 15A-12) (Ord. 407, § 302, 1978)

After receipt of any notice of findings complying with the requirements of § 5.01.191, the Board, if it concurs with the school district findings, shall do so by resolution.

(1966 Code, § 15A-13) (Ord. 407, § 303, 1978)

Within an attendance area, where the Board has concurred in a school district’s notice of finding that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within the area, unless the decision-making body makes one of the following findings:

(A) That, pursuant to this article, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development in the school district to mitigate the conditions of overcrowding within that attendance area; or

(B) That there are specific, overriding physical, economic, social or environmental factors which, in the judgment of the decision-making body, would benefit the county, thereby justifying the approval of a residential development otherwise subject to the provisions of this article without requiring the payment of fees or the dedication of land or other alternate provision required by Subarticle IV of this article.

(1966 Code, § 15A-14) (Ord. 407, § 304, 1978)

SUBARTICLE IV. REQUIREMENTS, STANDARDS AND PROCEDURES

In an attendance area where the Board has concurred as provided in Subarticle III of this article that overcrowding exists, the applicant of a proposed residential development, as a condition of approval, or the obtaining of a building permit, shall pay fees, make an equivalent arrangement in lieu thereof, dedicate land, or do a combination thereof, unless excepted as provided in § 5.01.193(B), as determined by the decision-making body during the hearings and other proceedings on specific residential development applications falling within their respective jurisdictions. Prior to the imposition of the fees, or the dedication of land or both, it shall be necessary for the decision-making body acting on the application to make the following determination: that the facilities to be constructed, purchased, leased or rented from such fees or the land to be dedicated, or both, are consistent with the general plan.

(1966 Code, § 15A-15) (Ord. 407, § 401, 1978)

Only the payment of fees shall be required in subdivision containing 50 parcels, or less, or other developments containing 50 units or less.

(1966 Code, § 15A-16) (Ord. 407, § 402, 1978)

Any requirement imposed pursuant to this article shall bear reasonable relationship and will be limited to the needs of the community for interim, elementary or high school facilities, and shall be reasonably related and limited to the need for the schools caused by the development.

(1966 Code, § 15A-17) (Ord. 407, § 403, 1978)

(A) When fees are required by this subarticle to be paid in lieu of land dedication or as a combination or both, the fees shall be paid as determined by the Board of Supervisors following a public hearing, the hearing to be conducted within 30 days from receipt of the notice of findings from the school district. Following the public hearing, the Board may, by resolution, make findings and determine as required by § 65974, including the amount of land to be dedicated and/or the fees to be paid.

(B) The total land area required by this article to be dedicated shall be at least equal in monetary value as to the fees which would be otherwise required by division (A) of this section. The county Assessor shall determine and establish the monetary value of land area for the purpose of this division.

(1966 Code, § 15A-18) (Ord. 407, § 404, 1978)

SUBARTICLE V. PAYMENT ON LAND DEDICATION

If the payment of a fee is required, the payment shall be made at the time the building permit is approved and issued. Fees shall be held in trust by the county until transferred to the affected school district or districts.

(1966 Code, § 15A-19) (Ord. 407, § 501, 1978)

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the county subdivision ordinance. Land shall be deeded directly to the school district or districts under procedures adopted by the county.

(1966 Code, § 15A-20) (Ord. 407, § 502, 1978)

(A) If a final subdivision map, a parcel map or conditional use permit is vacated or voided and the county still retains the land and if the applicant so requests, the Board shall order the land returned.

(B) If a residential development approval is vacated or voided and if the county still retains the fees collected therefor, and if the applicant so requests, the Board shall order the fees returned to the applicant.

(1966 Code, § 15A-21) (Ord. 407, § 503, 1978)

Following concurrence by the Board pursuant to § 5.01.192, the Clerk of the Board shall notify each school district affected thereby. The governing body of the school district shall then submit a schedule specifying how it will use the fees or land, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available and the time when the facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the county’s Board of Supervisors and the reasons for the modifications.

(1966 Code, § 15A-22) (Ord. 407, § 504, 1978)

SUBARTICLE VI. USES AND LIMITATIONS OF USES OF LANDS AND FEES

All fees or land, or both, collected pursuant to this article and transferred to a school district, shall be used only by the district for the purpose of providing interim, elementary or high school classroom and related facilities.

(1966 Code, § 15A-23) (Ord. 407, § 601, 1978)

If two separate school districts operate schools in an attendance area where the Board concurs that overcrowding conditions exist for both school districts, the Board will enter into an agreement with the governing body of each school district for the purpose of determining the division of revenues from the fees levied pursuant to this article.

(1966 Code, § 15A-24) (Ord. 407, § 602, 1978)

Any school district receiving funds or land pursuant to this article shall maintain a separate account for any fees paid and disposition of land received, and shall file a report with the board on the balance and account at the end of the previous fiscal year and the facilities leased, purchased or constructed during 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. The reports shall be filed by August 1 of each year, and shall be filed more frequently at the request of the Board.

(1966 Code, § 15A-25) (Ord. 407, § 603, 1978)

When it is determined by the Board of Supervisors that conditions of overcrowding no longer exist in an attendance area, decision-making bodies shall cease imposition of any requirements under this article.

(1966 Code, § 15A-26) (Ord. 407, § 604, 1978)