This division shall be known as the "School Facilities Dedication Ordinance of Contra Costa County." The purpose of this division is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

(Ord. 78-10).

This division is enacted pursuant to Chapter 4.7 (Government Code §§ 65970 ff) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this division and those of Chapter 4.7, the latter shall prevail.

(Ord. 78-10).

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. 78-10).

The board may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this division.

(Ord. 78-10).

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this chapter for the purposes of this division.

(Ord. 78-10).

"Chapter 4.7" means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

(Ord. 78-10).

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

(Ord. 78-10).

"Dwelling unit" means a building or a portion thereof, or a mobile home, designed for residential occupancy by one person or a group of two or more persons living together as a domestic unit.

(Ord. 78-10).

"Reasonable methods for mitigating conditions of overcrowding" includes, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

(Ord. 78-10).

"Other methods for mitigating conditions of overcrowding" may include, but is not limited to the following:

(1)

The use of available annual revenue limit and bond revenues;

(2)

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

(Ord. 78-10).

"Residential development" means a project containing residential dwellings, including mobile homes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units. "Residential development" includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit, and any other discretionary permit for new residential use.

(Ord. 78-10).

Pursuant to Chapter 4.7, the governing body of a school district may make findings supported by clear and convincing evidence that:

(1)

Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

(2)

All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

(3)

No feasible method for reducing such conditions exist. Upon making these findings the school district must provide the county with notice of its findings.

(Ord. 78-10).

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

(1)

The findings listed in Section 812-6.202;

(2)

The mitigation measures and methods, including those listed in Sections 812-4.210 and 812-4.212, considered by the school district and any determination made concerning them by the district;

(3)

A description of the geographic boundaries of the overcrowded attendance area or areas;

(4)

Estimated annual school district costs to provide interim school facilities in the overcrowded attendance area or areas; and

(5)

Such other information as may be required by board regulation.

(Ords. 79-68 § 1, 78-10).

After the receipt of any notice of findings complying with the requirement of Section 812-6.204, the board shall determine whether it concurs in such school district findings. The board shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

(Ord. 78-10).

Within an attendance area where the board has concurred in a school district's notice of findings that conditions of overcrowding exist, the county's planning agency shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the planning agency makes one of the following findings:

(1)

That this division is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

(2)

That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the planning agency would benefit the county, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this division.

(Ord. 78-10).

Following the concurrence and decision by the county to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall 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 modification.

(Ord. 78-10).

In an attendance area where the board has concurred as provided in Chapter 812-6, the owner of a proposed residential development as a condition of approval or the obtaining of a building permit shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for elementary and/or high schools including all mandated educational programs.

(Ord. 78-10).

Only the payment of fees is required for the approval of a subdivision map containing fifty parcels or less.

(Ord. 78-10).

Residential developments shall be exempt from the requirements of this division when they consist only of the following:

(1)

Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit;

(2)

A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;

(3)

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

(4)

Any rebuilding of an historical building recognized, acknowledged and designated as such by the planning agency.

(Ord. 78-10).

Any agreement existing prior to March 3, 1978, between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the planning agency and shall be considered by it as satisfying this division's requirements.

(Ord. 78-10).

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 and/or high school facilities including all mandated educational programs and shall be reasonably related and limited to the need for schools caused by the development.

(Ord. 78-10).

The total land area required by this division to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by Section 812-10.206. The planning agency shall determine and establish the monetary value of the land area for the purposes of this division.

(Ord. 78-10).

(a)

Resolution. When fees are required by this division to be paid in lieu of land dedication or as a combination of both, such fees shall be, and paid, as set by board resolution adopted after recommendation by the director of planning.

(b)

Bedroom and Dwelling. The resolution shall fix a per bedroom fee and a total maximum dwelling unit fee. Any room designed for sleeping which has a closet is a bedroom for the purposes of this division.

(c)

Mobile Home Parks. The resolution shall fix a fee for each dwelling unit space or lot in a mobile home park.

(d)

Costs. Among the factors to be considered when establishing fees by resolution are: any school district notice of findings, cost estimates, the costs of local leasing of portable facilities, construction of interim school facilities, and air conditioning.

(Ords. 79-68 § 2, 78-10).

At the time of filing an application for the issuance of a building permit or for the approval of a proposed residential development (rezoning, tentative subdivision map or discretionary permit) located in an attendance area where the board has concurred as provided in Chapter 812-6, the applicant shall, as part of such filing, indicate whether the applicant prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, the applicant shall suggest the specific land.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-10).

At the time of initial residential development or building permit approval, the planning agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the agency shall consider the following factors:

(1)

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

(2)

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

(3)

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 and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development;

(4)

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

(5)

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

(Ord. 78-10).

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the county's subdivision ordinance for streets and public easements.

(Ord. 78-10).

If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.

(Ord. 78-10).

Land and fees shall be held in trust by the county until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

(Ord. 78-10).

(a)

If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is vacated or voided and if the county still retains the land and/or fees collected for it, and if the applicant so requests, the board shall order return to the applicant of such land and/or fees.

(b)

If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is cancelled or voided, and if the affected school district still retains the land and/or fees transferred to it by the county, and if the applicant so requests, the school district shall return to the applicant such land and/or fees.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 78-10).

When a school district is levying a fee, charge, dedication, or other form of requirement against a development project within its boundaries pursuant to Section 53080 and Chapter 4.9 (Section 65995 ff) of the Government Code and has notified the county's building inspector of the levy, that school district's levy shall satisfy any requirements of this chapter upon the building inspector's receipt of appropriate certification from the district of compliance by the involved development project with its levy; provided, that if a school district's certificate of compliance notifies the county's building inspector that its levy for a development project is less than any fee established pursuant to this chapter for the project's attendance area, the building inspector shall credit the school levy against this chapter's required fee prior to its collection.

(Ord. 86-99).

All land or fees, or both, collected pursuant to this division and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities, including all mandated educational programs.

(Ord. 78-10).

Where two separate school districts operate schools in an attendance area where the board concurs that overcrowding conditions exist for both school districts, the board will enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this division.

(Ord. 78-10).

Any school district receiving funds or land pursuant to this division shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the board on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year and shall be filed more frequently at the request of the board.

(Ord. 78-10).

When it is determined that overcrowding conditions no longer exist in an attendance area, the county shall cease levying any fee or requiring the dedication of any land pursuant to this division for the area.

(Ord. 78-10).