§ 10-8

This chapter shall be known and may be cited as the "Law Establishing School Dedication Fees".

(§ I, Ord. 885, eff. June 8, 1979)

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 of the State.

(§ I, Ord. 885, eff. June 8, 1979)

This chapter is intended to establish a school dedication fee schedule which is applicable in the unincorporated portion of the County and to provide authority whereby applicants for residential building permits and/or residential development permits are required to pay fees to be used for the construction of permanent and interim school facilities as are necessary to alleviate the overcrowding of school facilities in those areas identified to be overcrowded pursuant to the provisions of law.

(§ I, Ord. 885, eff. June 8, 1979)

The Board may from time to time, by resolution, issue regulations to provide for the administration of this chapter.

(§ I, Ord. 885, eff. June 8, 1979)

The Board finds and declares as follows:

(a)

Adequate school facilities should be available for children residing in the County.

(b)

Public and private residential developments, both existing and planned, may require the expansion of existing public schools or the construction of new school facilities.

(c)

In many areas of the County, the funds for the construction of new classroom facilities are not available when the new development occurs, resulting in the overcrowding of existing schools.

(d)

New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time.

(e)

For the reasons set forth in this section, new and improved methods of financing for interim school facilities necessitated by new development are needed in the County.

(§ I, Ord. 885, eff. June 8, 1979)

The County General Plan provides for the location of public schools. Interim school facilities to be constructed from fees paid pursuant to this chapter shall be consistent with the County General Plan.

(§ I, Ord. 885, eff. June 8, 1979)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Conditions of overcrowding" shall mean that the total enrollment of a school, including the enrollment from proposed and existing development, exceeds the capacity of such school as determined by the governing body of the school district.

(b)

"Reasonable methods for mitigating conditions of overcrowding" shall mean and include, but not be limited to, the following:

(1)

Agreements between a subdivider and 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;

(2)

The use of relocatable structures, student transportation, classroom double sessions, year-round school programs, school boundary realignment, unification, and the elimination of low priority school facility uses;

(3)

The use of available annual tax rate and bond revenues to the extent authorized by law; and

(4)

The use of funds which could be available from the sale of surplus school district real property and funds available from any other source.

(c)

"Dwelling unit" shall mean a building, or portion thereof, designed or used exclusively for residential occupancy, including one-family, two-family, and three-family dwellings, apartments, multiple-family dwellings, and mobile homes as defined in Section 18211 of Division 13 of the Health and Safety Code of the State, but not including hotels, motels, or boarding and rooming houses.

(d)

"Duplex dwelling unit" shall mean a building containing not more than two (2) kitchens and designed and/or used to house not more than two (2) families living independently of each other, including all the necessary employees of each such family.

(e)

"Multiple dwelling unit" shall mean a building, or portion thereof, used and designed as a residence for three (3) or more families living independently of each other and doing their own cooking in such building, including apartment houses, apartment hotels, and flats, but not including motels, boardinghouses, and hotels.

(f)

"Residential development" shall mean a project containing residential dwellings, including mobile homes, or one or more units of a subdivision of land for the purpose of constructing one or more residential dwelling units. "Residential development" shall include, but not be limited to, a preliminary or final development plan, tentative subdivision map, tentative parcel map, preliminary map, waiver, or use permit for residential purposes. "Residential development" also shall include an ordinance rezoning property to residential use or to a more intense residential use.

(g)

"Residential building permit" shall mean an official document or certificate issued by the Building Inspector authorizing the construction and occupancy of a residential structure or dwelling unit.

(§ I, Ord. 885, eff. June 8, 1979)

If the governing body of a school district which has jurisdiction within the unincorporated territory of the County makes a finding supported by clear and convincing evidence (a) that conditions of overcrowding exist in one or more attendance areas that include unincorporated territory within the district which will impair the normal functioning of educational programs, including the reasons for the existence of such conditions, and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated, and no feasible method for reducing such conditions exist, the governing body of the school district shall notify the Board. The notice of findings sent to the County shall specify the mitigation measures considered by the school district. After the receipt of a notice of findings complying with this section, the Board shall determine whether it concurs in such school district findings. The Board shall conduct a public hearing prior to its action on the school district findings. If the Board concurs in such findings, the provisions of Section 10-8.10 of this chapter shall be applicable to official actions taken on residential development and/or residential building permits by the Board, Planning Commission, and/or the Building Inspector.

(§ I, Ord. 885, eff. June 8, 1979)

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

(a)

The findings set forth in Section 10-8.08 of this chapter;

(b)

The mitigation measures and methods, including those set forth in Section 10-8.07 of this chapter, considered by the school district and any determination made concerning them by the district;

(c)

The precise geographic boundaries of the overcrowded attendance areas; and

(d)

Such other information as may be required by the Board.

(§ I, Ord. 885, eff. June 8, 1979)

Within any attendance area of a school district where it has been determined pursuant to Section 10-8.08 of this chapter that conditions of overcrowding exist, neither the Board, the Planning Commission and/or the Building Inspector shall approve an ordinance rezoning property to a residential use or to a more intense residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map, tentative parcel map, preliminary map, and/or residential building permit for residential purposes within such area, unless the Board makes one of the following findings:

(a)

That action will be taken pursuant to this chapter to provide the dedication of fees to mitigate the conditions of overcrowding within the attendance area; or

(b)

That there are specific overriding fiscal, economic, social, or environmental factors which, in the judgement of the decision-making body, would benefit the County, thereby justifying the approval of a residential development and/or residential building permit otherwise subject to the provisions of this chapter for the dedication of fees.

(§ I, Ord. 885, eff. June 8, 1979)

For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined pursuant to Section 10-8.08 of this chapter, the County may require, as a condition to the approval of residential building permits and/or residential development permits, the payment of fees in accordance with Section 10-8.12 of this chapter. Prior to the imposition of the fees, it shall be necessary for the Board to make the following findings:

(a)

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

(b)

The fees transferred to a school district shall be used only for the purpose of providing permanent or interim elementary or high school classroom and related facilities necessary for the instructional program.

(c)

The amount of fees to be paid shall bear a 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 schools caused by residential development, both existing and planned.

(d)

The facilities to be constructed from such fees are consistent with the County General Plan.

(§ I, Ord. 885, eff. June 8, 1979)

In each case where necessary findings have been made and concurred with by the Board under Section 10-8.08, subsection (a) of Section 10-8.10, and Section 10-8.11 of this chapter, the Board shall adopt a resolution setting forth a schedule of fees to be collected by the Planning Director and/or the Building Inspector, with proof of receipt provided to the appropriate agency, prior to the issuance of the requested entitlement. Such fee schedule shall be established only by a resolution adopted by the Board. The fees shall be collected by the Planning Director if the fees are required for residential development permits. The fees shall be collected by the Building Inspector if the fees are required for residential building permits.

(§ I, Ord. 885, eff. June 8, 1979)

In each case where necessary findings have been made and concurred in and a resolution adopted by the Board in accordance with Section 10-8.08, subsection (a) of Section 10-8.10, Section 10-8.11, and Section 10-8.12 of this chapter, the Planning Director and/or the Building Inspector shall collect fees on all residential building permits for structures to be built and/or residential development permits to be issued within the applicable school district for which the Board has made the required findings of Section 10-8.08, subsection (a) of Section 10-8.10, and Section 10-8.11 of this chapter, and the amount of fees collected by the Planning Director and/or Building Inspector will be the same amount as established by the resolution adopted by the Board pursuant to Section 10-8.12 of this chapter.

(a)

Whenever a building permit is required to erect, construct, enlarge, alter, or convert any room that will be used for sleeping purposes, the applicable fees specified in Section 10-8.12 of this chapter shall apply.

(b)

The fees required pursuant to Section 10-8.12 of this chapter shall be paid before the building permit is approved and issued.

(c)

Every dwelling unit may have not more than one exemption for such fees required pursuant to Section 10-