(Ord. No. 3584, 1986)
Sec. 25D-6. - Applications for residential development
Sec. 25D-7. - Special application and approval-required findings.
Sec. 25D-9. - Standards for fees or land.
Sec. 25D-10. - Fees or dedication established by Specific Plan.
This chapter shall be known and may be cited as the Alternative School Facilities Fees/Dedication Ordinance.
Unless specified herein to the contrary the definitions set forth in Chapter 25C of the Sonoma County Code shall apply to this Chapter 25D. Sec.
In considering proposals for new residential development, the Board of Supervisors has evaluated reports from school districts and other agencies regarding the adequacy of public school services and facilities required to serve new development. In many cases, however, the required public services have not in fact been installed by the time the development causes a need. The result has been that residents in newly developed areas have been inadequately served with schools. State legislation and Chapter 25C of the Sonoma County Code provide for the dedication of land and/or the payment of fees by residential developers to overcrowded school districts for interim classroom and related facilities. The legislation and ordinance have alleviated some of the problems, but they make no provision for long-term permanent solutions to the overcrowding of school districts and provide no flexibility to the developer and district to agree upon alternative, and perhaps more efficacious, mitigation measures. The purpose of this Chapter 25D is to provide an alternative method of mitigating conditions of overcrowding created by new development by providing an alternative procedure through which the districts may secure fees for the purpose of constructing new permanent facilities, rehabilitating old facilities or acquiring land upon which such facilities may be constructed.
The Board of Supervisors hereby finds that the provisions of this Chapter 25D are necessary to preserve the public health, safety and general welfare of the residents of the County of Sonoma by providing a mechanism whereby permanent educational facilities may be rehabilitated and constructed to meet the needs of new residential development.
The Sonoma County General Plan provides for the location of public schools. Where facilities are to be constructed from fees or land required to be dedicated hereunder, or both, such construction or acquisition shall be consistent with the General Plan.
Sec. 25D-6. - Applications for residential development
(a)
Where the findings required by Sonoma County Code sections 25C-11 and 25C-13 have been made, each application for a proposed residential development involving property located within the jurisdiction of an impacted school district shall include a written statement from the district stating whether the district will be able to provide adequate school services and facilities for the proposed residential development.
(b)
If the district states that it will not be able to provide adequate school services and facilities, it shall include an explanation of its reasons for that statement, and a description of measures concurrently undertaken or planned or any other measures deemed necessary to provide adequate school services and facilities to meet the needs of the proposed residential development. Such measures may include private contribution, school impact fees, or dedications pursuant to Sonoma County Code Chapter 25C. (c) If the district determines that school impact fees or dedications of land for interim facilities pursuant to Chapter 25C will not be sufficient to provide adequate school services and facilities concurrently with need, the district shall determine what reasonable mitigation is necessary to provide adequate school services and facilities concurrently with need and shall certify whether the developer has agreed to modify his or her project to incorporate the mitigation determined to be necessary by the district.
(d)
Unless otherwise required by law, no application for residential development shall be accepted as complete or approved until the impacted district states in accordance with this chapter 25D, Chapter 25C or a school facilities ordinance adopted in connection with a specific plan as set forth in section 25D-10 of this chapter that adequate public school facilities will be provided by the developer concurrently with the need generated by the proposed residential development.
(e)
Contributions, fees, or dedications authorized by this Chapter 25D may be used for the purpose of purchasing future sites for educational facilities, constructing new facilities, or for repairing or rehabilitating existing facilities.
Sec. 25D-7. - Special application and approval-required findings.
Notwithstanding the provisions of Section 25D-6, the decision-making body may accept and approve an application for a residential development which is not accompanied by a statement by the school district that adequate public school facilities will be provided concurrently with need where one of the following findings is made.
(a)
That pursuant to this chapter provision has been made for payment of fees, dedication of land, or both or, pursuant to an ordinance adopted in connection with a specific plan as set forth in section 25D—10 or pursuant to Sonoma County Code Chapter 25C, some other provision has been agreed upon by the applicant for a residential development and the school district to mitigate the conditions of overcrowding within that attendance area; or
(b)
That there are specific, overriding fiscal, economic, social, or environmental factors, which, in the judgment of the decision-making body, would benefit the county thereby justifying the approval of a residential development otherwise subject to the provisions of this ordinance without requiring the payment of fees or the dedication of land or other alternate provision required by this chapter.
(c)
The application for residential development is for replacement housing as a result of fire or some other disaster where no new dwelling units are created; or
(d)
The application for residential development is for the conversion of existing apartments, condominiums or vice-versa, and no new dwelling units are created.
If the payment of a fee is agreed upon by the district and the developer pursuant to this chapter, such payment shall be made at the time that the building permit for the residential development is approved and issued. A building permit for the residential development shall be approved and issued only upon certification from the district that the developer has made the appropriate payments agreed upon.
Sec. 25D-9. - Standards for fees or land.
Any contribution, fee, or dedication imposed pursuant to this chapter shall bear a reasonable relationship and will be limited to the needs of the community for permanent elementary, junior high, or high school facilities, and shall be reasonably related and limited to the need for the schools caused by the residential development. Nothing contained in this chapter shall authorize an impacted school district to demand, in connection with an application for a residential subdivision not accompanied by an application for some other discretionary approval, a land dedication for educational facilities where such land dedication would exceed the limitations of section 66478 of the State Subdivision Map Act.
Sec. 25D-10. - Fees or dedication established by Specific Plan.
Notwithstanding anything contained in this chapter to the contrary a developer shall not be required to dedicate land or to pay school impact fees for residential development otherwise required by this Chapter or Chapter 25C, if 1) the proposed residential development is located within an area covered by a duly adopted specific plan and if 2) the developer has been required to dedicate land or pay fees for school facilities pursuant to an ordinance adopted for the purpose of implementing any such specific plan and if 3) such ordinance or specific plan provides that the dedication of land or payment of fees is for the purpose of fully mitigating the conditions of overcrowding created by the proposed residential development.