Sec 17-58 Interim Classroom Facilities
(a)
Authority, Purpose and Intent
(1) This section is enacted pursuant to the authority of Section
65970 et seq. of the Government Code 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 of San Benito by numerous school districts
(b) From time to time, a new residential development may cause
overcrowding in one (1) 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
(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 Sections
65973 and 65980 of the Government Code and Section 25-8 of this Chapter, the
following definitions shall apply to this section:
(1) "School Board" means the board of trustees of any district under
the jurisdiction of the San Benito County School Superintendent.
(2) "Declaration of Impact" means 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 Section
65971 of the Government Code. The declaration of impact may include
the schedule required by Section
65976 of the Government Code.
(3) "District" means any district under the jurisdiction of the 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 Section
65976 of the Government Code, 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 subsection (e).
(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 Section
65974 of the Government Code.
(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
Chapter 4.9 (commencing with Section
65995) of the Government Code, 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 Section
65978 of the Government Code.
(g) Right of the Board of Supervisors to Disapprove Developments and 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
such development may have on a school or schools within any district which
cannot be alleviated by the provisions of this section.
Sec 17-59 Dedication of Parkland
(a) Purpose and Requirements Pursuant to Government
Code section 66477 and to implement the open space element of the general
plan of the County, the subdivider shall dedicate land, pay a fee in lieu
thereof or both, at the option of the County for park or
recreational purposes as a condition of approval of a final map or a
parcel map at the time of approval and according to the standards and formula
contained in this article.
(b) General Standard It is herby found and determined
that the public interest, convenience, health, welfare and safety require that
five acres of property for each one thousand persons residing within this county
be devoted to neighborhood or community park and recreational purposes.
(c) Standards and Formula for for Dedication of Land Where a
neighborhood or community park or recreational facility has been designated in
the adopted general plan and is to be located in whole or in part within the
proposed subdivision to serve the immediate and future needs of the residents of
the subdivision, the subdivider shall dedicate land for park sufficient in size
and topography to serve the residents of the subdivision and to conform to the
adopted general plan. Value credited for dedicated lands in excess of 20%
slope or subject to inundation due to a 100 year storm shall be adjusted to
reflect the reduced utility of such lands for park purposes. The
amount of land to be provided shall be determined pursuant to the following
standards and formula:
(1) Formula Based on Dwelling Units The formula for
determining acreage to be dedicated shall be as follows:
| Dwelling Type |
Assumed Density |
Standard |
| Residential |
3 persons/DU |
.015 acre/DU
|
Sr Citizen Dwelling
(retirement unit)
|
2 persons/DU |
.010 acre/DU |
| Other |
per approved plan |
.005 acre/person |
For purposes of this section the
number of dwelling units shall equal the maximum number of units allowable under
the applicable zone or development approval.
"Dwelling Unit" for
purposes of this section shall not include units lawfully in place prior to the
date of Tentative Map approval.
Dedication
of the land shall be made in accordance with the procedures contained in the Map
Act.
(2) Fee in Lieu of Dedication Where a fee in lieu of
dedication is required the amount of such fee shall be determined by the number
of acres of parkland required per this Article multiplied by the cost per acre
in effect at the time of the final map approval.
The cost per acre shall be the greater of:
(i) The purchase price for the property being subdivided adjusted by the
Engineering News Record (ENR) Cost Index from the date of purchase to the date
of final map approval, or
(ii) The average price per acre for all comparable lands transferred in
the previous year adjusted by ENR Cost Index from July 1 to the date of final
map approval.
(d) Dedication in Excess of Standard Compensation for
dedication required pursuant to general plan and in excess of the amount
due under the formula herein shall be provided as Park Land Acquisition Trust
Fund balance becomes available for allocation.
(e) Credit for Private Open Space Planned Unit Developments, Real
Estate Developments, Stock Cooperatives, and Community Apartment Projects, as
defined in sections 11003,
11003.1, 11003.2 11003.4 and 11004, respectively, of the Business and
Professions Code, and Condominiums shall be eligible to receive credit as
determined by the Board of Supervisors, against the amount of land required to
be dedicated, or the amount of fee imposed, pursuant to this section, for the
amount of private open space within the development which is usable for and
committed to active recreational uses by the residents of the development in
common.
(f) Procedure
(1) At the time of the approval of the tentative map, the Planning
Commission or the applicable Development Review Committee, as the case may be,
shall determine, after a report and recommendation from the Parks manager,
whether land, in-lieu fees, or combination of land and fees, shall be dedicated
and/or paid by the subdivider.
(2) The body approving the tentative map may approve, modify, or disapprove the
recommendation of the Parks manager; provided that, however, any modification of
the proposed recommended condition not previously considered by the Parks
manager shall first be referred back to the Parks manager for a report and
further recommendation. The Parks manager shall report back to the
approving body within thirty (30) days. After receipt and consideration of
the report, or after thirty (30) days have passed in the event no report is
received, the approving body may act on the condition.
(3) The recommendation of the Parks manager shall include the following:
(i) The amount of land required; or
(ii) That a fee be charged in lieu of land; or
(iii) That a combination of land and a fee be required; and
(iv) The location of the park land and, where appropriate, the siting and
conceptual design of the park facilities appurtenant thereto, to be dedicated or
used in lieu of fees; and
(v) The approximate time when the development of the park or
recreational facility shall commence
(4) At the time of recording of the final or parcel map, the
subdivider shall dedicate the land and pay the fees as detailed in the
conditions of approval.
(5) Covenants, Conditions and Restrictions for private park or
recreational facilities shall be submitted along with the final or parcel map
for approval, and if acceptable, shall be recorded concurrently with the map.
(g) Schedule of Use At the time of the
approval of the final or parcel map, the County shall develop a schedule
specifying how, when and where it will use the land or fees, or both, to provide
recreational facilities to serve the residents of the subdivision
(h) Not Applicable to Certain Subdivisions
The provisions of this section shall not apply to the following:
(1) Subdivisions of four (4) or less parcels and not used for residential
purposes. However, a condition may be placed on the approval of such parcel map
that if a building permit is requested for construction of a residential
structure or structures on one or more of the parcels, the fee pursuant to this
section will be required to be paid by the owner of such parcel as a condition
of the issuance of the permit.
(2) Commercial or industrial subdivisions
(3) Condominium projects or stock cooperatives which consist of the
subdivision of airspace in an existing apartment building which is more than
five (5) years old when no new dwelling units are added.
Sec 17-60 Reservations
(a) General As a condition of approval of a tentative
map, a subdivider shall reserve sites within the subdivision, appropriate in
area and location, for parks, recreational facilities, fire stations, libraries
or other public uses according to the standards and formula contained in this
section.
(b) Standards for Reservation of Land Where a park,
recreational facility, fire station, library, or other public use is shown on
the General Plan or an adopted specific plan, the subdivider may be required by
the County to reserve sites as so determined by the County in accordance with
the policies and standards contained in the General Plan or the adopted specific
plan. The reserved area must be of such size and shape as to permit the
balance of the property within which the reservation is located to develop in an
orderly and efficient manner. The amount of land to be reserved shall not
make development of the remaining land held by the subdivider economically
infeasible. The reserved area shall be consistent with the General Plan or
the adopted specific plan and shall be in such multiples of streets and parcels
as to permit an efficient division of the reserved area in the event that it is
not acquired within the prescribed period.
(c) Procedure The public agency for whose benefit an
area has been reserved, at its discretion shall, at the time of approval of the
final or parcel map, enter into a binding agreement to acquire such reserved
area within two (2) years after the completion and acceptance of all
improvements, unless such period of time is extended by mutual agreement.
(d) Payment to Subdivider The purchase price for the
reserved area shall be the market value thereof at the time of the submittal of
the tentative map plus the taxes against such reserved area from the date of the
reservation and any other costs incurred by the subdivider in the maintenance of
the reserved area, including interest costs incurred on any loan covering the
reserved area.
(e) Termination If the public agency for whose benefit
an area has been reserved does not enter into a binding agreement in accordance
with this section, the reservation of the area shall automatically terminate.
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