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.
(SCC 325 § 2, 1978; SCC
394 § 2, 1979; SCC 507 § 4, 1982)
The Board finds and declares as follows:
a.
Adequate
school facilities should be available for children residing in new
residential developments.
b.
Public
and private residential developments may require the expansion of
existing public schools or the construction of new public school facilities.
c.
In
many areas of the unincorporated area of the County, funds are not
available for school districts to construct new classroom facilities
when new development occurs resulting in conditions of overcrowding
in certain school attendance areas.
d.
New
housing developments frequently cause conditions of overcrowding in
existing school facilities which cannot be alleviated in a reasonable
period of time without mitigation programs as provided in this chapter.
e.
That,
for the reasons set forth herein, certain school districts may require
financing of interim school facilities until such time as conditions
of overcrowding no longer exist.
(SCC 507 § 4, 1982)
The Sacramento County General Plan and Community Plans which
implement the County General Plan provide for the location of public
schools. Interim school facilities, whether temporary or permanent,
to be constructed from fees paid or land required to be dedicated
hereunder, or both, shall be consistent with the County General Plan
and the several Community Plans.
(SCC 507 § 4, 1982)
Nothing in this chapter or in any regulation adopted pursuant
to this chapter, shall preclude an affected school district from establishing
or arranging for separate agreement or mitigation programs with a
developer. The Board may require that a separate agreement or mitigation
program be reported to the County for information purposes if a Declaration
of Impaction is submitted by an affected school district as provided
by this chapter.
(SCC 507 § 4, 1982)
For the purpose of this chapter, the following definitions shall
apply:
a.
"Affected
School District" means a school district which contains an impacted
school.
b.
"Attendance
Area of an Impacted School" means the attendance area for an impacted
school as defined by the governing board of the district involved.
c.
"Board"
means the Board of Supervisors of the County of Sacramento.
d.
"Certificate
of Mitigation" means that correspondence satisfactory to county from
an affected school district indicating that a binding agreement or
other form of mitigation has been agreed to by the district and a
developer.
e.
"Conditions
of Overcrowding" means the same as "Impacted School" as defined in
this section.
f.
"Declaration
of Impaction" means the resolution the governing board of a district
submits to the Board of Supervisors.
g.
"Developer"
means the person, firm, corporation, partnership or association seeking
to develop land within the attendance area of an impacted school.
h.
"Director"
means county's director of Planning and Community Development Department.
i.
"District"
means school district.
j.
"Dwelling
Unit" means one or more rooms in a dwelling, apartment house or apartment
hotel designed for, or occupied by, one family for living or sleeping
purposes and having only one kitchen and separate toilet facilities
and also includes a mobile home.
k.
"Governing
Board" means the governing board of district which has a school attendance
area within the unincorporated area in the County of Sacramento.
l.
"Impacted
School" means an existing or proposed school whose total enrollment,
including enrollment from proposed development, exceeds its rated
capacity.
m.
"Interim
Facilities" is limited to temporary classrooms, including their utilities,
furnishings, and toilet facilities not constructed with permanent
foundations.
n.
"Mitigation"
means that relief or abatement negotiated between and agreed to by
the affected school district and the developer.
o.
"Proposed
Development" means development for which an application has been filed
by a developer.
p.
"Rated
Capacity" means that capacity determined by the governing board of
a school district to be the maximum acceptable enrollment in a school
facility based on the governing board's policies and programs.
q.
"Reasonable
Methods of Mitigating Conditions of Overcrowding" means the same as
"Mitigation" as defined in this section.
r.
"Residential
Development" means the same as "Proposed Development" as defined in
this section.
s.
"Schedule
of Mitigation" is a program developed by the governing board of a
district which sets forth in detail mitigation measures deemed appropriate
by the governing board.
(SCC 325 § 2, 1978; SCC
385 § 1, 1979; SCC 394 § 2, 1979; SCC 507 § 4, 1982)
Notwithstanding provisions to the contrary in this Code, the
provisions of this chapter shall apply to:
a.
The
issuance of building permits for the construction of new dwelling
units within the attendance area of an impacted school.
b.
The
issuance of hook-up permits for the installation and hook-up of mobile
homes within the attendance area of an impacted school; provided,
however, that upon the payment of the impaction fee for any mobile
home site, no additional fee shall thereafter be paid. The district
shall maintain adequate records showing the mobile home sites for
which impaction fees have been collected.
(SCC 325 § 2, 1978; SCC
377 § 1, 1979; SCC 394 § 2, 1979; SCC 507 § 4, 1982)
Any public school district for grades kindergarten through twelfth,
which has all or part of any of its school attendance areas within
the unincorporated area of Sacramento County, is eligible to file
a declaration of impaction resolution and other required documents
as provided in this section.
a.
Declaration
of Impaction: A declaration of impaction which is filed shall be in
the form of a resolution of the governing board. The resolution shall
include findings supported by clear and convincing evidence that conditions
of overcrowding exist in one or more attendance areas within the district
which impairs the normal function of educational programs, including
the reasons such conditions exist. The findings shall further provide
that all reasonable methods of reducing the conditions of overcrowding
have been evaluated and no feasible method of reducing such conditions
exist. Feasible methods to reduce conditions of overcrowding shall
include:
b.
Schedule
of Mitigation: The district, at the time of filing a declaration of
impaction, shall also submit a program of mitigation proposed for
each impacted school within the district. If the district's schedule
of mitigation includes a recommendation for fees to provide interim
facilities that relate to approval of a particular subdivision, that
recommendation shall be submitted to the County not later than 60
days following the issuance of the initial building permit for development
of the subdivision. Failure to provide the recommendation within the
60 day period constitutes a waiver by the governing body of the district
of its authority to request fees relating to the particular subdivision.
Comments on the tentative subdivision map or parcel map by mail or
by appearance by a school official at a Subdivision Review Committee
meeting or meeting of the Policy or Project Planning Commission shall
be deemed a recommendation by the district on the tentative subdivision
map or parcel map as required by Section 65981 and shall not be deemed
to be a waiver of the governing board of the district of its authority
to request fees pursuant to this chapter.
c.
Processing
Schedule: The initial notice of findings, declaration of impact resolution
and the schedule for mitigation may be filed at any time during the
year. But thereafter any notice of findings and declaration of continued
impact shall be filed within 60 days prior to the first day of July
covering the next 12 month period. However, until the Board acts on
the notice of findings and declaration of continued impact, the previously
approved declaration of continued impact, the previously approved
declaration of impact and schedule for mitigation shall remain in
effect until not later than the first day of October of that year.
The board shall take no action on the notice of findings and declaration
of impact or continued impact until the findings have been made available
to the public for 60 days. (SCC 658 § 1, 1986; SCC 624 § 1,
1985.)
d.
At
any time a district may file an amendment to the program of mitigation
whenever there has been a change in the circumstances resulting in
or which may result in a material change in the program of mitigation.
e.
Form
of Mitigation: The mitigation provided by the developer may be in
the form of land, or fees, or both. The fees shall not exceed an amount
necessary to pay five annual lease payments for interim facilities.
In subdivisions containing 50 parcels or less, only the payment of
fees may be required. In lieu of a fee, the developer of a residential
development may, at the developer's option and at the developer's
expense, provide interim facilities, owned or controlled by such developer,
at a place designated by the school district, and at the conclusion
of the fifth school year the developer shall, at the developer's expense,
remove the interim facilities from such place.
f.
Mitigation
Measures: The location and amount of land to be dedicated or the fees
to be paid, or both, shall be reasonably related and limited to the
need for interim school facilities caused by the developer.
g.
Automatic
Termination of Mitigation Measures: Any district which receives 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 shall not be permitted thereafter
to receive any mitigation fees pursuant to this chapter.
h.
Board
Action: If the Board concurs in the findings of conditions of overcrowding
and that reasonable methods of mitigating conditions of overcrowding
have been evaluated as set forth by the district in their declaration
of impaction, the program of mitigation adopted by the district shall
become effective immediately.
(SCC 325 § 2, 1978; SCC
377 § 2, 1979; SCC 385 § 2, 1979; SCC 394 § 2, 1979; SCC 507 § 4,
1982)
No building permit for the construction of a new principal residential
building shall be issued, nor shall any hook-up permit for any mobile
home be issued in an attendance area of an impacted school unless
there has been filed with the chief building inspector of Sacramento
County either a certificate of mitigation or a certificate of waiver
of mitigation which relates to the proposed construction or the proposed
mobile home site.
(SCC 325 § 2, 1978; SCC
377 § 3, 1979; SCC 394 § 2, 1979; SCC 507 § 4, 1982)
In the event a developer and the governing board of an affected
district cannot agree as to whether mitigation is required or the
form or amount of mitigation, the resolution of such question shall
be by arbitration. The county executive shall by regulation establish
the procedures for the creation of an arbitration panel. The regulations
shall provide for the creation of an arbitration panel within 15 days
of a request for arbitration from either a developer or the governing
board of the affected district. The panel shall be composed of seven
members, three of whom shall be selected by the arbitration committee
to resolve a particular impasse. The arbitration committee shall be
selected from the panel as follows:
1.
Developer
shall declare one panel member ineligible.
2.
School
district shall then declare one member ineligible.
3.
The
process shall continue until three panelists remain.
|
The remaining panelists shall constitute the committee. Costs
of arbitration shall be assessed equally to the developer and the
school district.
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(SCC 325 § 2, 1978; SCC
377 § 5, 1979; SCC 394 § 2, 1979; SCC 507 § 4, 1982)
Any district receiving funds pursuant to this chapter as a result
of mitigation shall maintain a separate account for any fees paid
and shall file a report with the Board of Supervisors on the balance
in the account. In addition, the report shall specify attendance areas
which will continue to be overcrowded for succeeding school terms
and where conditions of overcrowding no longer exist. Such report
shall be filed not later than August 1 of each year or as otherwise
provided by regulation. The Board hereby expressly authorizes affected
districts, as agents of the County, to collect mitigation fees directly
from developers and to account for the same as provided in this section.
(SCC 325 § 2, 1978; SCC
377 § 5, 1979; SCC 394 § 2, 1979; SCC 507 § 4, 1982)
Each school district which has on file a current declaration
of impaction shall, during the period of such impaction, provide a
copy of each statement approved or ratified by the governing board
of an affected district pursuant to subdivision (b) of Section 11010
of the Business and Professions Code to the Director.
(SCC 325 § 2, 1978; SCC
394 § 2, 1979; SCC 507 § 4, 1982)
The Board hereby authorizes the County executive to prepare
and issue regulations to carry out the intent and the provisions of
this chapter. Copies of the regulations shall be made available at
cost to interested persons at County's Planning and Community Development
Department.
(SCC 325 § 2, 1978; SCC
394 § 2, 1979; SCC 507 § 4, 1982)
Reasonable fees calculated to compensate the County for its
costs shall be set by regulation and charged to the school district
for each application or amended application submitted.
(SCC 325 § 2, 1978; SCC
394 § 2, 1979; SCC 507 § 4, 1982)
Where two or more separate school districts operate schools
in an attendance area where overcrowding conditions exist for each
of the school districts, the Board shall enter into agreements with
governing boards of the district to determine the distribution of
fees authorized by the schedules of mitigation.
(SCC 507 § 4, 1982)
Notwithstanding any provisions to the contrary in this Code,
any court action or proceeding to attack, set aside, void, or annul
any decision, act or determination by the Board concerning any matter
provided for in this chapter, or any regulation adopted pursuant to
this chapter, shall not be maintained unless such action, or proceeding
is commenced within 30 days after the date such determination or decision
becomes final.
(SCC 507 § 4, 1982)
This chapter shall expire and shall not be effective after June
30, 1990.
(SCC 507 § 5, 1982; SCC
624 § 2, 1985; SCC 0735 § 1,
1988)
