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The Board of Supervisors of the County of San Diego finds and declares as follows:
(a) Sufficient, adequate school facilities should be available to serve new development.
(b) County review of proposed legislative action provides the opportunity to ensure that adequate school facilities are available when needed.
(c) In many school districts in the County, sufficient funds for the expansion or construction of school facilities and the purchase of educational equipment necessitated by increased enrollment are not available. Any County legislative actions that increase the impact on schools would further exacerbate funding problems.
(d) The public health and safety and the general welfare of the community and all its citizens are negatively affected by a lack of facilities sufficient to provide for the education of the young people of the County of San Diego.
(e) County involvement is needed to alleviate the impacts on existing educational facilities and equipment of development resultant from legislative actions by the Board of Supervisors.
(f) For these reasons, enhanced methods of mitigating the impact on school facilities caused by legislative actions are needed in San Diego County.
(Added by Ord. No. 7966 (N.S.), effective 10-11-91)
Whenever the following words are used in this chapter, they shall have the meaning ascribed to them in this section.
(a) "Facilities and Equipment" means capital facilities and equipment used by a school district for the expansion, construction, or reconstruction of school facilities, including land acquisition.
(b) "Legislative Action" for the purposes of this ordinance means any of the following: adoption of a Specific Plan; Specific Plan Amendment; General Plan; or General Plan Amendment, including a Community Plan Update; and adoption of a Rezone changing a use regulation or development regulation.
(c) "School District" means any local agency offering kindergarten through twelfth-grade public instruction within the unincorporated area of the County.
(Added by Ord. No. 7966 (N.S.), effective 10-11-91)
The beneficiary or beneficiaries of a legislative action have the right to the timely processing of the request by the affected school districts. Consequently, the following procedure is established.
(1) At the time of initiation of a privately initiated request for a legislative action, the beneficiary or beneficiaries of the action shall notify the school district or districts serving the area in which their property is located.
(2) The County shall notify the school district or districts serving the area affected by the proposed legislative action when the application has been made and provide details of the potential development allowed by the proposed legislative action. The County shall notify the school district or districts of publicly initiated legislative actions. However, no agreement shall be required for publicly initiated legislative acts when the property owner does not benefit from the change.
(3) The affected school district or districts shall document the impact of the project resultant from the proposed legislative action on its facilities and work with the beneficiary or beneficiaries of the action to devise an equitable and timely method of providing the educational facilities and equipment required to serve the development to be permitted by the legislative action.
(4) The beneficiary or beneficiaries of the action shall follow the process of the affected school districts to obtain a binding agreement.
(5) The Planning Commission may consider the legislative action notwithstanding a lack of the binding agreement. The school district shall receive notice of the Planning Commission hearing. The details of the agreement, or lack thereof, shall be included in the report of the Planning Commission to the Board of Supervisors on the legislative action. If an agreement has not been reached with all affected school districts for a privately initiated legislative act, the staff recommendation shall be to deny the application. For publicly initiated legislative acts, staff shall consider the impacts on school facilities along with other factors in making its recommendation.
(6) The Board of Supervisors may approve or deny the legislative action or take any other action legally permissible.
(Added by Ord. No. 7966 (N.S.), effective 10-11-91)