Sec. 21-120. - Legislative intent; purpose.

This article is adopted to supplement and implement Sections 65970 to 65981 of the Government Code of the State of California in order to establish a method of providing interim classrooms and related facilities for school districts having conditions of overcrowding within the district or one or more attendance areas thereof. All of the requirements of Sections 65970 to 65981 of the Government Code are incorporated by reference and shall apply to school districts and the county as though expressly set forth herein.

(Ord. No. 440, § 1, 12-11-84; Ord. No. 599, § 18, 6-19-01)

Sec. 21-121. - Application.

This article applies to all dwelling units and all land proposed for residential development which is owned by any person, firm, partnership, joint venture, association, corporation, estate or trust. In addition, it applies to any land proposed for residential development which is owned by the United States and any agency of the United States, the State of California and any agency of the state, a city, and any public district or political subdivision of the State of California insofar as it is legally possible to enforce this article, or any portion thereof, against such entities.

(Ord. No. 440, § 1, 12-11-84)

Sec. 21-122. - Definitions.

The definitions set forth in Section 65973 of the Government Code of the State of California shall apply throughout this article. In addition, the following words and phrases, as used in this article, shall have the following meanings:

(a)

Attendance area means that portion of a school district, with identifiable boundaries determined by the governing board of a school district, from which children residing therein would normally be assigned to attend a specified school in the district.

(b)

Developer means any person, or any of the other entities mentioned in section 21-121 of this article, who applies to have property rezoned to a residential use, applies for a discretionary permit for residential use, files a tentative subdivision or parcel map for residential purposes, or makes application for a building permit for residential purposes.

(c)

Dwelling unit means one or more rooms in a building, mobilehome, or portion thereof, designed, intended to be used, or used for occupancy by a person or persons for living and sleeping quarters.

(d)

Mobilehome space means any space, including each space within a mobilehome park, designed for parking a mobilehome on a temporary, semipermanent or permanent basis.

(e)

Reasonable methods for mitigating conditions of overcrowding include, but are not limited to, the following:

(1)

Agreements between a developer and the affected school district whereby temporary-use buildings will be leased to the school district for an interim period, or whereby temporary-use buildings owned by the school district will be used.

(2)

The availability of funds, the use of which would not impair the normal functioning of education programs.

(3)

The use of funds which could be made available from the sale of surplus school district real property and/or personal property.

(4)

The use of school district property for temporary-use buildings.

(5)

The use of other schools in the district not having overcrowded conditions.

(6)

Classroom space in other school districts that may be available for use.

(Ord. No. 440, § 1, 12-11-84)

Sec. 21-123. - School facilities; findings; notification to board of supervisors.

Before a developer may be required to dedicate land or pay a fee in lieu thereof, pursuant to sections 65970 to 65981 of the Government Code of the State of California and this article, the governing board of a school district which operates an elementary or high school shall file a written notice with the board of supervisors containing all of the following:

(1)

The findings required by section 65971 of the Government Code.

(2)

The evidence supporting the findings.

(3)

The reasonable methods for mitigating conditions of overcrowding which have been considered by the school district and any determination made concerning them.

(4)

The precise geographic boundaries of the overcrowded attendance area or areas, if applicable.

(5)

Sufficient evidence on the interim classroom and related facilities needed by the school district, the costs of providing the same, and recommendations on a method for assessing fees and the recommended amount of such fees, so that the board of supervisors may consider setting the fees charged to the developer.

(6)

The schedule as required by Government Code section 65976 with respect to the use of the fees, the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be made available.

(7)

A report from the county building official and director of community development with respect to whether or not the facilities to be constructed from the fees are consistent with the county's general plan.

(Ord. No. 440, § 1, 12-11-84; Ord. No. 599, § 19, 6-19-01; Ord. No. 599.1, § 14, 7-28-09)

Sec. 21-124. - Action by board of supervisors.

Upon receipt of such notice from a school district, the board of supervisors shall, by resolution, concur in the findings of the school district or state why it does not concur in such findings.

(Ord. No. 440, § 1, 12-11-84)

Sec. 21-125. - Fees or land dedication.

(a)

When the board of supervisors has concurred in such findings under section 21-124 of this article, the board shall determine the fees payable by a developer. Thereafter, no ordinance rezoning property to a residential use, no discretionary permit for residential use, no tentative subdivision or parcel map for residential purposes, and no building permit for residential purposes, shall be issued, approved or adopted within the school district or affected attendance area, without the fee previously determined by the board being imposed as a condition of such issuance, approval or adoption.

(b)

Notwithstanding the provisions of subsection (a) of this section, the board of supervisors may find that there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the board would benefit the county and justify an approval, issuance or adoption without requiring the payment of fees or the dedication of land in subdivisions containing more than 50 parcels.

(c)

Notwithstanding the provisions of subsection (a) of this section, a developer may exercise the option of providing interim facilities at the developer's expense, at a place designated by the school district, in lieu of paying fees; or may enter into any other legally binding agreement with the school district which the school district deems satisfies its needs.

(d)

A right to appeal the imposition of fees to the board of supervisors shall be available to a developer, who shall be apprised of such right at the time that fees are imposed in the manner provided by this section.

(e)

Any dedication of land, or payment of fees in lieu thereof, shall comply fully with all of the requirements of this article and section 65974 of the Government Code of the State of California.

(Ord. No. 440, § 1, 12-11-84)

Sec. 21-126. - Exemptions.

This article shall not apply to the following types of projects:

(a)

Senior citizen housing approved, financed and/or subsidized by the United States Department of Housing and Urban Development; provided, that the developer enters into a written agreement with the affected school district that the developer will dedicate land or pay fees in lieu thereof, or a combination of both, when and if such restrictions cease during a period the school district has overcrowded conditions within the attendance area in which the development is located.

(b)

Conversion of existing apartment buildings to condominiums or a community apartment project, except when such apartment buildings were restricted to senior citizens and said restrictions are removed when the conversion takes place.

(c)

Alterations, remodeling or renovations of existing residences which do not result in additional dwelling units.

(Ord. No. 440, § 1, 12-11-84)

Sec. 21-127. - Determination.

(a)

The fees payable by a developer to a school district shall be determined by the board of supervisors at or after the time that the board concurs in the findings of the school district pursuant to section 21-124 of this article. No dedication of land may be required in subdivisions containing 50 parcels or less.

(b)

On request of a school district the board of supervisors shall consider adjusting the fee schedule to reflect new information on the fees necessary to alleviate overcrowding caused by new residential development.

(Ord. No. 440, § 1, 12-11-84)

Sec. 21-128. - Time and place of payment.

When the board of supervisors has determined pursuant to section 21-125 of this article that the developer shall dedicate real property, pay fees in lieu thereof, or a combination of both, the school district shall be responsible to ensure a copy of the determination of the board is sent to the county building official and director of community development. Payment of fees required shall then be made to the building official and the director of community development at the time the building permit is issued. The school district shall provide verification if a developer provided interim classroom facilities or has dedicated land in lieu of the fee, or has entered into an agreement which satisfies the school district's needs.

(Ord. No. 440, § 1, 12-11-84; Ord. No. 599.1, § 15, 7-28-09)

Sec. 21-129. - Condition precedent to imposition of fees.

Notwithstanding anything in this article to the contrary, no fee or dedication of land may be imposed hereunder unless and until the county receives a valid and enforceable commitment in writing from the school district that it shall at its sole cost and expense defend, represent, pay, and indemnify the county from and for any claim, demand, and/or litigation in any way arising out of or relating to this ordinance, its enforcement and operation, the establishment, the amount of and/or collection of fees established thereunder or therefor.

(Ord. No. 440, § 1, 12-11-84)

Sec. 21-130. - Report by school district.

The school district shall file with the Planning Division of the Kings County Community Development Agency not later than October 15th of each year a report on the following:

(a)

The amount of fees received from each developer in the preceding fiscal year period of July 1st through June 30th.

(b)

The facilities leased, purchased or constructed during the previous fiscal year and the amount expended on the facilities.

(c)

A determination whether the school district, or attendance areas if applicable, will continue to be overcrowded in the current school year.

(d)

A schedule specifying how the school district will use fees or land acquired to relieve overcrowding, the sites to be used, the facilities to be acquired and the times when the facilities will be available.

(Ord. No. 440, § 1, 12-11-84; Ord. No. 599.1, § 16, 7-28-09)

Sec. 21-131. - Termination of dedication or fee requirement.

If overcrowding conditions cease to exist in the school district, or affected attendance area, for which a fee or land dedication has been imposed under this article, the school district shall promptly adopt a resolution so finding and deliver a copy of it to the Planning Division of the Kings County Community Development Agency.

(Ord. No. 440, § 1, 12-11-84; Ord. No. 599.1, § 17, 7-28-09)

Secs. 21-132—21-139. - Reserved.