School Concurrency Proportionate Share Mitigation Agreements (Operations Division)

In 2008, each local jurisdiction adopted Comprehensive Plan Elements, Land Development Regulations, and executed an Interlocal Agreement with the School District and Planning Commission to implement school concurrency.  At the end of 2018, the District reached 100% level of service at specific schools located in South County, which triggered the proportionate share mitigation process.  Since then, staff has been working with developers on processing the proportionate share mitigation agreements to pay for required student stations. 

 

In July 2019, House Bill 7103 was approved, which changed the way impact fee offsets are calculated in this process.  Previously, the School District was required to provide developers with a partial impact fee credit.  For example, if elementary seats were paid in a propshare mitigation agreement, only the elementary portion of the impact fee had to be credited.  Now, per the new House Bill, a dollar for dollar impact fee credit is required regardless of school level.  Meaning, the District will collect less money overall for these types of agreements.  For example, a proposed development generating ten elementary students, but the school concurrency areas has no available capacity.  Previously it would have generated a net revenue of $188,477, but it will now generate a net revenue of $52,856. 

Staff has modified the proportionate share mitigation template to include this additional credit, and will move forward with processing the agreements.  Additionally, staff will monitor the fiscal impact to the District, and is in the process of studying review fees to mitigate the costs associated with processing these agreements.