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. |
(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)