San Luis Obispo County Municipal Code Ch. 19.45 Interim School Facilities

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

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

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

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with §65970) of Division 1 of Title 7 of the Government Code. In the case of any conflict between the provisions of this chapter and those of chapter 4.7, the latter shall prevail.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

The county's general plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the general plan.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

The board of supervisors may from time to time, by resolution or ordinance, issue regulations to establish fees, administration, procedures, interpretation and policy direction for this ordinance.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

Pursuant to Government Code sections 65970 et seq., the governing board of any school district operating an elementary or high school may, with respect to any of its attendance areas located in whole or in part within the unincorporated territory of the County of San Luis Obispo, make and file with the board of supervisors written findings supported by clear and convincing evidence:

(1) That conditions of overcrowding exist in the school or schools of such attendance area which will impair the normal functioning of educational programs, including the reasons for the existence of those conditions; and

(2) That all reasonable methods for mitigating conditions of over-crowding have been evaluated and no feasible method for reducing those conditions exists.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

Findings filed pursuant to Section 19.45.070 and application materials shall contain the following:

(1) A precise description of the geographic boundaries of the attendance areas to which the findings relate;

(2) A list of the mitigation measures evaluated by the governing board of the school district and a statement of the reasons why such measures were found to be infeasible;

(3) A summary of the evidence upon which such findings were based;

(4) A proposed schedule of fees with supporting calculations and data;

(5) A proposed indemnification agreement in a form approved by the county which includes but is not limited to an agreement by the school district to defend, indemnify, and save harmless the county from any and all claims based on the implementation and operation of this ordinance and any and all challenges to its legal validity;

(6) A copy of a completed and transmitted application to the office of local assistance for preliminary determination of eligibility under the Leroy F. Green State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10 of Division 1 of Title 1 of the Education Code);

(7) A schedule specifying how the school district will use the land or fees, or both, to solve the conditions of overcrowding; and

(8) Such other information as may be required by regulations adopted by the board of supervisors pursuant to this chapter.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

After receipt of a school district's complete notice of overcrowding pursuant to Sections 19.45.070 and 19.45.080 and after the complete notice of overcrowding has been available to the public for at least sixty days after receipt by the county, the board of supervisors shall commence a public hearing, and shall thereafter do one of the following:

(1) Concur in the school district's findings of overcrowding; or

(2) Request additional information to verify the school district's findings of overcrowding; or

(3) Reject the school district's findings of overcrowding and inform the school district of the reasons for such rejection.

The board of supervisors shall either concur or not concur in the notice of overcrowding within sixty-one to one hundred fifty days after the date of receipt of the findings. The board of supervisors may extend the period to concur or not to concur for one 30-day period. The date of receipt of the notice of overcrowding is the date when all of the materials required by Section 19.45.080 are completed and filed by the school district with the county. If the board of supervisors concurs with a school district's findings that conditions of overcrowding exist within an attendance area, the board shall adopt an ordinance specifying (1) its concurrence based upon the evidence provided in the school district's notice and findings, (2) a schedule of fees in accordance with Section 19.45.110, and (3) that the facilities to be constructed from the fees or the land to be dedicated, or both, is consistent with the general plan.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

After the board of supervisors' adoption of an ordinance pursuant to Section 19.45.090 and after said ordinance has been in effect for 30 days, no residential development shall be approved in the attendance area described in said notice and findings and ordinance, until the developer has either dedicated land, paid fees, or provided both dedicated land and fees or agreed to dedicate land, pay fees, or provide both dedicated land and fees to the school district as hereinafter provided.

(1) Fees. The board of supervisors shall establish fees by ordinance and may amend such fee schedules from time to time. The maximum fee per dwelling unit may be reduced by the board of supervisors in the event the developer is providing a combination of fees and land dedication.

The school district may provide updated information to the board of supervisors from time to time which the board may utilize in electing to adjust fees. Such information may consist of, but is not limited to, new census data for the unincorporated area of the County of San Luis Obispo or portions thereof, school census data for the unincorporated area of the County of San Luis Obispo or portions thereof, new lease and purchase data for relocatables, and changes in classroom maximums or standards. The school district shall also submit a schedule specifying how it will use the adjusted fees to solve conditions of overcrowding.

Only fees shall be required in subdivisions of fifty parcels or less.

The amount of fees to be paid shall bear a reasonable relationship and 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 schools caused by the development.

(2) Land Dedication. If the developer and the school district propose to agree to land dedication in lieu of fees or a combination of dedicated land and fees, the board of supervisors shall consider the proposal within thirty days of receipt of a written proposal by the school district, and may approve or disapprove the dedication or combination of dedication and fees after considering at least the following factors:

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

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

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

d. Whether the location and amount of lands proposed to be dedicated or the combination of dedicated land and fees will bear a reasonable relationship and be limited to the needs of the community for interim elementary and/or high school facilities and will be reasonably related and limited to the need for schools caused by the development.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

Prior to issuance of a building permit or first approval of a residential development which is located in whole or in part in an attendance area where an elementary or high school or both have been determined to be overcrowded pursuant to this chapter, the applicant shall present to the planning director evidence of one of the following:

(1) Payment of Fee. Written certification from the affected school district that the applicant has paid, and the school district has accepted the fees required by ordinance of the board of supervisors pursuant to Section 19.45.110 to enable issuance of a building permit pursuant to Section 19.45.150;

(2) Agreement to Pay Fees at the Time of Building Permit. An agreement in writing with the affected school district by which the applicant agrees to pay to the school district and the school district agrees to accept the fees required by ordinance of the board of supervisors adopted pursuant to Section 19.45.110 which is in effect at the time the applicant applies for a building permit or any other land use permit for a residential development which does not require a building permit. The agreement shall also provide that the applicant will pay such fees at the time the building permit is issued to the applicant or at the time a land use permit for a residential development which does not require a building permit is approved for the applicant;

(3) Agreement to Dedicate Land. An agreement in writing with the affected school district by which the applicant agrees to dedicate to the school district and the school district agrees to accept land to be used to relieve the overcrowding in the district's schools as an alternative to payment of fees under subsection (1) above. Such agreement shall include the legal description of the property and a promise to convey the property to the school district by grant deed at the time of issuance of the building permit to the applicant or approval of any other land use permit for the applicant for a residential development which does not require a building permit;

(4) Agreement to Dedicate Land and Pay Fees. An agreement in writing with the affected school district by which the applicant agrees to both dedicate land and pay fees to the school district and the school district agrees to accept the combination of dedicated land and fees to relieve the overcrowding in the district's schools as an alternative to only the payment of fees under subsection (1) above and to only the dedication of land under subsection (2) above. Such agreement shall include the legal description of the property to be dedicated and a promise to convey the property and pay the fees at the time of the issuance of the building permit to the applicant or the approval of a land use permit for the applicant for residential development which does not require a building permit. The amount of the fees shall be determined by the board of supervisors pursuant to Section 19.45.110; or

(5) Statement of Overriding Factors:

a. A written statement from the applicant, with supporting documentation, that there are specific overriding fiscal, economic, social or environmental factors benefiting the county which will justify the approval of such development without compliance with the fee payment or land dedication requirements of this chapter. If the applicant provides such a statement of overriding factors, the planning director shall place the matter on the agenda of the board of supervisors to be considered not less than thirty days after receipt of the statement, and shall give the school district at least ten days written notice of the date of consideration along with a copy of the statement. If the board of supervisors agrees that overriding factors benefiting the county justify approval without the payment of fees or dedication of land, it shall direct the planning director to continue processing the application. If the board of supervisors finds that there are not sufficient overriding factors, it shall direct the planning director to take no further action to process the application until the documentation required by subsections (1), (2), (3) or (4) has been provided.

b. A voluntary agreement between the applicant for a residential development and the school district to mitigate the impacts of overcrowding caused by the residential development by paying to the school district an amount of money equal to the total amount of fees the applicant would pay for the same residential development under the provisions of this chapter shall constitute an overriding factor.

If the applicant referred to in subsections (1) through (5) of this section alienates the property or any portion thereof prior to applying for a building permit or a land use permit for a residential development which does not require a building permit, the successor or successors in interest who apply for a building permit or land use permit for a residential development which does not require a building permit for said property or any portion thereof shall be obligated under the provisions of this chapter to pay fees, dedicate land, or both.

The planning director shall refuse to process an application for a residential development or a portion thereof which is within a school attendance area in which the board of supervisors has found that conditions of overcrowding exist, until the applicant has complied with this section.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

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

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

Residential development shall be exempt from the requirements of this ordinance when it consists of any one or more of the following:

(1) Any modification or remodeling of an existing legally established dwelling unit;

(2) Replacement of existing dwelling units by demolition and reconstruction of the same number of units with the same number of bedrooms, or relocation of a dwelling unit within the same attendance area of the school district;

(3) The proposed development is located within a redevelopment area designated by a redevelopment agency pursuant to the Community Redevelopment Law, Health and Safety Code section 33000 et seq.;

(4) A condominium project converting an existing apartment building into condominiums where no new dwelling units are added or created;

(5) Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;

(6) Any rebuilding of a historical building recognized, acknowledged and designated as such by the county planning commission or board of supervisors;

(7) Any residential development where the board of supervisors finds pursuant to section 19.45.120(5)a. that there are specific overriding fiscal, economic, social or environmental factors benefiting the county which in the sole judgment of the board of supervisors would justify the approval of such development without the payment of fees or dedication of land.

(8) Any residential development pursuant to Section 19.45.120(5)b. where the applicant for the residential development and the school district enter into a voluntary agreement to mitigate the impacts of overcrowding caused by the residential development by paying to the school district an amount of money equal to the total amount of fees the applicant would pay under the provisions of this chapter for the same residential development.

(9) A residential development on property which was the subject either as a whole or as part of a larger property of a prior finding of exemption under Section 19.45.120(5)b. and subsection (8) of this section based on the actual mitigation of the impacts of overcrowding caused by the development.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

If the payment of fees is required, such payment shall be made by the developer to the school district prior to issuance of the building permit or other land use permit for a residential development which does not require a building permit.

Where land is to be made available, the developer shall provide a recordable written agreement to the school district which grants to the school district exclusive use of the land.

Upon receiving the fees and/or recordable agreement, or both, the school district shall notify the county planning director in writing of such receipt. The form of notification shall consist of a letter from the school district superintendent certifying that all obligations to pay fees or dedicate land under this chapter have been satisfied, and identifying the name of the building permit applicant, the assessor's parcel number of the property and the number of dwelling units for which the fees have been paid or the land has been dedicated. No building permit or other land use permit for residential development which does not require a building permit shall issue until such notification is received by the planning director.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

A school district which is levying a fee, charge, dedication, or other form of requirement against any development project pursuant to Government Code section 53080, subdivision (a), and also qualified to collect a fee, dedication, or both pursuant to this chapter shall levy pursuant to Government Code section 53080, subdivision (a), to the fullest extent allowed by law to mitigate conditions of overcrowding before the collection of a fee, dedication, or both pursuant to this chapter.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

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

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

As soon as overcrowding conditions cease to exist or reasonable methods of mitigating conditions of over-crowding are feasible, the school district shall immediately notify the board of supervisors. Upon receiving such notice, or upon board of supervisors' determination that overcrowding conditions cease to exist or that reasonable methods for mitigating conditions of overcrowding are feasible, the board of supervisors shall cease the requirement of fees or land dedication required by this chapter. If the school district has money from fees previously paid into its interim school facility account after overcrowding conditions cease to exist or reasonable methods for mitigating conditions of overcrowding are feasible, it shall apply such fees to mitigate future overcrowded conditions in the same attendance area for which the fees were collected; provided, however, if overcrowded conditions do not occur in said attendance area within five years from the date of when overcrowded conditions cease to exist, such fees may be applied to relieve overcrowded conditions in other attendance areas within the school district.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

Any school district receiving funds or land pursuant to this ordinance shall maintain a separate account for any funds paid 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, and the dedication of land during the previous fiscal year. In addition, the reports shall specify which attendance areas will continue to be overcrowded when the fall term begins and when and where conditions of overcrowding will no longer exist. If the report identifies attendance areas which will continue to be overcrowded, the report shall set forth a detailed explanation as to why the utilization of Government Code section 53080 levies in conjunction with all other reasonable methods for mitigating conditions of overcrowding so that the imposition of fees, dedications, or both pursuant to this chapter will no longer be necessary. The report shall be filed by October 1 of each year and shall be filed more frequently if requested by board of supervisors. The county may, at any reasonable time, cause an independent audit to be conducted of the fees collected by the governing board of the school district for the purposes authorized by this section.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)

(a) On written request of any officer or body of the county responsible for application of requirements for payment of fees or dedication of land as a condition of approval of a residential development, the planning director shall interpret the standards established by the board of supervisors and ascertain the requirements appropriate to the residential development in question, and report the same to such officer 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 limited 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 days after its submission to him, and shall within seven days after his decision declare such decision and give notice in writing thereof to the applicant, to any affected school district, and to any county officer or body responsible for application of such requirements in the particular case.

(d) The decision of the planning director made pursuant to this section may be appealed to the board of supervisors by an applicant or any aggrieved person or reviewed by the board of supervisors on its own motion. Such appeal or review shall be scheduled for consideration at a regular meeting of the board of supervisors. An appeal shall be filed with the planning director in the form of a letter setting forth the reasons for the appeal. When an appeal has been filed, or the board of supervisors has voted to review his decision, the planning director shall prepare a report on the matter. When an appeal has been filed, the planning director shall schedule the appeal for consideration by the board of supervisors at a regular meeting of the board of supervisors not more than thirty days from the date the planning director receives the appeal letter. When an appeal is filed or the board of supervisors orders a review of the planning director's decision, the county clerk not less than ten days before the consideration shall mail written notice of the time and place of the consideration by the board of supervisors to all applicants and also to all aggrieved persons who have filed appeals.

(e) The board of supervisors shall consider the decision of the planning director and render a final decision and interpretation on the matter. The decision and interpretation of the board of supervisors shall be final.

(Ord. No. 3343, § 1, 12-6-16; Ord. No. 3400, § 1, 11-19-19)