a.   Title and Purpose. This section shall be known as the "School Facilities Dedication Ordinance of the Town of Danville." The purpose of this section is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

   b.   Authority and Conflict. This section 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.

   c.   General Plan. The Town'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.

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

   a.   Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this subsection for the purposes of this section.

   b.   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.

   c.   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.

   d.   Dwelling unit means a building or a portion thereof, or a mobile home, designed for residential occupancy by one (1) person or a group of two (2) or more persons living together as a domestic unit.

   e.   Reasonable methods for mitigating conditions of overcrowding means and include, 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.

   f.   Other methods for mitigating conditions of overcrowding means and 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.

   g.   Residential development means a project containing residential dwellings, including mobile homes, of one (1) or more units or a subdivision of land for the purpose of constructing one (1) 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

   a.   Findings and Notice. 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 (1) 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 exists. Upon making these findings the school district must provide the Town with notice of its findings.

   b.   Notice of Findings Requirements. Any notice of findings sent by a school district to the Town shall specify:

      1.   The findings listed in paragraph a. of this subsection;

      2.   The mitigation measures and methods, including those listed in paragraphs e. and f. of subsection 32-115.2, 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 Town Council regulation.

   c.   Concurrence. After the receipt of any notice of findings complying with the requirement of paragraph b. of this subsection, the Council shall determine whether it concurs in such school district findings. The Council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

   d.   Findings for Development Approval. Within an attendance area where the Council has concurred in a school district's notice of findings that conditions of overcrowding exist, the 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 (1) 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.

   e.   School District Schedule. Following the concurrence and decision by the Town 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 Town Council and the reasons for the modification.

   a.   Residential Development. In an attendance area where the board has concurred as provided in subsection 32-115.3, 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.

   b.   Subdivision Fee Limit. Only the payment of fees is required for the approval of a subdivision map containing fifty (50) parcels or less. (Ord. #78-10).

   c.   Exemptions. 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.

   d.   Prior Agreements. 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.

   a.   General Standard. 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.

   b.   Amount of Land. 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 subsection 32-115.3. The Planning Agency shall determine and establish the monetary value of the land area for the purposes of this division.

   c.   Amount of Fee.

      1.   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 be paid, as set by Council resolution adopted after recommendation by the Director of Planning.

      2.   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.

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

      4.   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.

   a.   Decision Factors. 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 (50) parcels or less.

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

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

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

   e.   Refunds.

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

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