Section 65996 Of Chapter 4.9. Payment Of Fees, Charges, Dedications, Or Other Requirements Against A Development Project From California Government Code >> Division 1. >> Title 7. >> Chapter 4.9.
65996
. (a) Notwithstanding Section 65858, or Division 13
(commencing with Section 21000) of the Public Resources Code, or any
other provision of state or local law, the following provisions shall
be the exclusive methods of considering and mitigating impacts on
school facilities that occur or might occur as a result of any
legislative or adjudicative act, or both, by any state or local
agency involving, but not limited to, the planning, use, or
development of real property or any change of governmental
organization or reorganization, as defined in Section 56021 or 56073:
(1) Section 17620 of the Education Code.
(2) Chapter 4.7 (commencing with Section 65970) of Division 1 of
Title 7.
(b) The provisions of this chapter are hereby deemed to provide
full and complete school facilities mitigation and, notwithstanding
Section 65858, or Division 13 (commencing with Section 21000) of the
Public Resources Code, or any other provision of state or local law,
a state or local agency may not deny or refuse to approve a
legislative or adjudicative act, or both, involving, but not limited
to, the planning, use, or development of real property or any change
in governmental organization or reorganization, as defined in Section
56021 or 56073, on the basis that school facilities are inadequate.
(c) For purposes of this section, "school facilities" means any
school-related consideration relating to a school district's ability
to accommodate enrollment.
(d) Nothing in this chapter shall be interpreted to limit or
prohibit the ability of a local agency to utilize other methods to
provide school facilities if these methods are not levied or imposed
in connection with, or made a condition of, a legislative or
adjudicative act, or both, involving, but not limited to, the
planning, use, or development of real property or a change in
governmental organization or reorganization, as defined in Section
56021 or 56073. Nothing in this chapter shall be interpreted to limit
or prohibit the assessment or reassessment of property in
conjunction with ad valorum taxes, or the placement of a parcel on
the secured roll in conjunction with qualified special taxes as that
term is used in Section 50079.
(e) Nothing in this section shall be interpreted to limit or
prohibit the ability of a local agency to mitigate the impacts of
land use approvals other than on the need for school facilities, as
defined in this section.
(f) This section shall become inoperative during any time that
Section 65997 is operative and this section shall become operative at
any time that Section 65997 is inoperative.