(A) Authority, purpose and intent.
(1) This section is enacted pursuant to the authority of Cal. Gov’t Code §§ 65970 et seq. for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development.
(2) The Board of Supervisors finds:
(a) Public education in the primary and secondary grades is provided in the county by numerous school districts;
(b) From time to time, a new residential development may cause overcrowding in one or more schools in one or more of the districts;
(c) The county general plan provides for the location of schools and this section is consistent with the general plan; and
(d) It is necessary that a method be available to provide the district with interim classroom facilities when conditions of overcrowding exist, in order that education not be adversely affected.
(B) Definitions. In addition to the definitions set forth in Cal. Gov’t Code §§ 65973 and 65980 and § 23.15.007 of this title, the following definitions shall apply to this section:
DECLARATION OF IMPACT. A statement adopted by the School Board, and forwarded to the Board of Supervisors, declaring the existence of an impacted school or schools, in accordance with the findings and other requirements of Cal. Gov’t Code § 65971. The declaration of impact may include the schedule required by Cal. Gov’t Code § 65976.
DISTRICT. Any district under the jurisdiction of the San Benito County Schools Superintendent.
SCHOOL BOARD. The Board of Trustees of any district under the jurisdiction of San Benito County School Superintendent.
(C) Action by the Board. The School Board may, from time to time, adopt a declaration of impact and file the same with the Clerk of the Board of Supervisors for consideration by the Board of Supervisors.
(D) Action by the Board of Supervisors. Upon receipt of a declaration of impact from the School Board and the schedule required by Cal. Gov’t Code § 65976, the Board of Supervisors shall, if it concurs in the findings set forth in the declaration of impact, withhold approval of, or order the appropriate officer, employee or commission within the county to withhold approval of, new residential development within the attendance area of the impacted school or schools pending compliance with division (E) below.
(E) Mitigation measures.
(1) The Board of Supervisors shall require, as a condition of approval of new development within the attendance area of an impacted school, either the dedication of land, the payment of fees in lieu thereof, or a combination of both, in accordance with the provisions of Cal. Gov’t Code § 65974. Zone changes and general plan amendments shall be required to provide full mitigation of school facility impacts.
(2) The decision concerning whether to require the dedication of land, payment of fees or an appropriate combination shall be determined after consultation with the School Board concerning the needs of the particular district as they relate to the impacted school or schools.
(3) The amount of any fees shall be in accordance with the provisions of Cal. Gov’t Code Chapter 4.9 (commencing with § 65995) of Division 1 of Title 7, shall be prescribed by resolution of the Board of Supervisors, and shall be collected at the time of issuance of a building permit.
(F) Use of fees and land-accounting.
(1) A district shall use the land and/or fees solely to alleviate the conditions of overcrowding within the affected attendance area.
(2) A district shall provide to the Board of Supervisors the report required by Cal. Gov’t Code § 65978.
(G) Right of the Board of Supervisors to disapprove development or require other fees. Nothing in this section shall be construed to limit the right of the county to disapprove new residential development for any lawful reason, including, but not limited to, the impact that the development may have on a school or schools within any district which cannot be alleviated by the provisions of this section.
(1966 Code, § 17-58) (Ord. 617, § 2(part))