Chapter 4 — REQUIREMENTS, STANDARDS AND PROCEDURES

For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined pursuant to Section 82.301, the County may require, as a condition to the approval of a residential development, the dedication of land, the payment of fees in lieu thereof, or a combination of both, as determined by a decision-making body during the hearings and other proceedings on specific residential development applications falling within its jurisdiction. Prior to imposition of the fees and/or dedications of land, it shall be necessary for a decision-making body acting on the application to make the following findings:

(a) The County General Plan provides for the location of public schools.

(b) The lands or fees, or both, shall be used only for purpose of providing interim elementary, junior high or high school classroom and related facilities as defined by the governing body of the district.

(c) 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, junior high or high school facilities and shall be reasonably related and limited to the need for schools caused by the development.

(d) The facilities to be constructed, purchased, leased, or rented from such fees or the land to be dedicated or both is consistent with the County General Plan.

(Amended by Ord. No. 7244 (N.S.), effective 1-9-87, operative 4-1-87)

Notwithstanding the provisions of Section 82.401, the issuance of a building permit shall not be conditioned upon the payment of a fee pursuant to this division until a fee standard for the school district within which the property for the proposed building lies has been established and concurred in pursuant to Section 82.403. (Added by Ord. No. 5174 (N.S.), effective 5-23-78)

Only the payment of fees shall be required in subdivisions containing fifty (50) parcels or less.

The standards for the amount of dedicated land or fees to be required shall be established by the governing board of each school district where a determination has been made pursuant to Section 82.301 that conditions of overcrowding exist. Such standards and facts supporting them shall be transmitted to the Board of Supervisors. If the Board of Supervisors concurs in such standards, they shall, until revised, be used by decision-making bodies in situations where dedications of land and/or fees are required as a condition to the approval of a residential development. Nothing herein shall prevent the Board of Supervisors from establishing and using standards other than those established by the school district in the event the Board of Supervisors is unable to concur in those transmitted by the District.

The fees for interim facilities shall not exceed the amount necessary to pay five annual lease payments for the interim facilities.

(Added by Ord. No. 5581 (N.S.), effective 8-7-79)

At the time of filing an application for approval of a residential development located within an attendance area where the findings required by Section 82.301 have been made, the applicant shall, as part of such filing, indicate whether it prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, it shall suggest the specific land.

(a) Upon receipt of an application for a residential development within an attendance area where the findings required by Section 82.301 have been made, the Director shall notify the affected school districts thereof. With the exception of applications for building permits, such notification shall be made no later than thirty (30) days prior to consideration of the application by a decision-making body.

(b) For the purpose of advising school districts within the unincorporated area of the County of proposed residential development which may affect them, the Director shall notify a school district of any application not governed by subsection (a) submitted to County for approval of any residential development within the jurisdiction of that district.

(Amended by Ord. No. 5402 (N.S.), effective 3-22-79, operative 3-23-79)

(a) Upon receipt of the notification required by Section 82.405(a), the governing board of the affected school district shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. The school district shall then transmit the determination to the Director for submission to the appropriate decision-making body for concurrence. If the decision-making body concurs in such determination it may at the time of its consideration of a residential development application impose such requirements. In their respective actions regarding this determination, the school district and the decision-making body shall consider the following factors:

(1) Whether lands offered for dedication will be consistent with the County General Plan;

(2) Whether the lands offered for dedication meet the criteria established at Education Code Section 39000, et seq.;

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

(4) 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 or high school facilities and will be reasonably related and limited to the need for schools caused by the development;

(5) If only a subdivision is proposed, whether it will contain fifty (50) parcels or less.

Nothing herein shall prevent a decision-making body from imposing requirements other than those transmitted by the school district in the event that a decision-making body is unable to concur in the district's determination hereunder.

(b) If the school district has entered into an agreement with the applicant for the residential development to mitigate conditions of overcrowding within the attendance area covered by the application, the governing board shall upon receipt of the notification required by Section 82.405(a) so advise the Director and transmit a copy thereof for submission to the appropriate decision-making body for consideration under Section 82.303(b). (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79)

Following the action by a decision-making body to require the dedication of land or the payment of fees, or both, the Director 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 land or fees, 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 times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Board of Supervisors and the reasons for the modifications. (Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79)

When land is to be dedicated, it shall be offered for dedication to the affected school district in substantially the same manner as prescribed in Division 1 of this Title (County Subdivision Ordinance) for streets and public easements. Dedicated land which subsequently is determined by the school district to be unsuitable for school purposes may be sold at the option of the school district. The funds derived therefrom must be used in accordance with this division.

(a) If the payment of a fee is required, such payment or offer of payment shall be made to and accepted by the applicable school district or districts prior to the time a building permit within the residential development is approved and issued.

(b) The amount of such fee shall be determined by the fee standard in effect on the date of the payment of fees for an unexpired plan check or review pursuant to Section 303(c) of the Uniform Building Code.

(c) When application is made for new building permit following expiration of a previously issued building permit, the fee payment shall not be required.

(Amended by Ord. No. 5183 (N.S.), effective 6-6-78; amended by Ord. No. 5190 (N.S.), effective 6-20-78; amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79; amended by Ord. No. 5772 (N.S.), effective 6-19-80; amended by Ord. No. 7244 (N.S.), effective 1-9-87, operative 4-1-87)

Upon receipt of a building permit application for residential development within a school district for which the Board of Supervisors has concurred in findings of overcrowding and the establishment of a fee schedule pursuant to provisions of Section 82.301 and Sections 82.401.5 and 82.403 respectively, the Director shall furnish the applicant a form of certification to be presented to the applicable school districts for execution upon satisfaction of district requirements for a dedication of land or payment of fees in lieu thereof or a combination of both. (Added by Ord. No. 7244 (N.S.), effective 1-9-87, operative 4-1-87)

When land has been dedicated or an offer of dedication has been made to and accepted by a school district, or fees have been paid or an offer of payment of fees made to and accepted by a school district, the district shall execute the certification specified in Section 82.409.4. The completed certification shall be presented by the applicant to the Director prior to issuance of a building permit for the proposed development. (Added by Ord. No. 7244 (N.S.), effective 1-9-87, operative 4-1-87)

(Repealed by Ord. No. 7244 (N.S.), effective 1-9-87, operative 4-1-87)

If a residential development approval is vacated or voided, and if the County or the affected school district still retains the land and/or fees collected therefor, and if the applicant so requests, the governing board of the school district shall order the land and/or fees returned to the applicant.

(Amended by Ord. No. 7244 (N.S.), effective 1-9-87, operative 4-1-87)

In lieu of the payment of fees for interim facilities, 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.

(Added by Ord. No. 5581 (N.S.), effective 8-7-79)

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 Section 17700 of Part 10 of the Education Code), for the construction of a school, the County shall not pursuant to this chapter or pursuant to any other school facilities financing arrangement such district may have with builders of residential development, levy any fee or 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, if there is the further finding that (1) during the period of construction additional overcrowding would occur from continued residential development, and (2) 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.

Any amounts of fees collected or land dedicated after the receipt of the construction apportionment and not used to avoid overcrowding shall be returned by the school district to the person who paid the fee or made the land dedication. (Added by Ord. No. 5581 (N.S.), effective 8-7-79; amended by Ord. No. 5901 (N.S.), effective 10-7-80; amended by Ord. No. 7244 (N.S.), effective 1-9-87, operative 4-1-87)