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Comprehensive Plan Public School Facilities Element Proportionate Share Mitigation In the event that there is not adequate school capacity available to accommodate a development's demand for student stations, the School Board may entertain proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the developer and the affected local government to mitigate the impact from the development through the creation of additional school capacity. A mitigation contribution provided by a developer to offset the impact of a residential development must be directed by the School Board toward a school capacity project identified in the School District's Five -Year Capital Facility Plan. Capacity projects identified within the first three years of the Five -Year Capital Facility Plan shall be considered as committed projects. If capacity projects are planned in years four or five of the School District's Five -Year Capital Facility Plan within the same School Service Area Boundary (SSAB) as the proposed residential development, the developer may pay his proportionate share of the identified capacity project to mitigate the proposed development. If a capacity project does not exist in the School District's Five -Year Capital Facility Plan, the School Board may add a capacity project to satisfy the impacts from a proposed residential development, as long as financial feasibility of the Five -Year Capital Facilities Plan can be maintained. When the student impacts from a proposed development cause the adopted Level of Service to fail, a developer may enter into a 90 day negotiation period with the School District and the applicable local government to review potential mitigation projects. To be acceptable, a proportionate share project must create a sufficient number of additional student stations to maintain the established level of service with the addition of the development project's demand. Mitigation options may include, but are not limited to: (a) Contribution of land in conjunction with the provision of additional school capacity; (b) Provision of additional student stations through the donation of buildings for use as primary or alternative learning facilities; or (c) Provision of additional student stations through the renovation of existing buildings for use as learning facilities; or (d) Construction of permanent student stations or core capacity; or (e) Construction of a school in advance of the time set forth in the School District's Five - Year Capital Facilities Plan: or (f) Construction of a charter school designed in accordance with School District standards, providing permanent capacity to the District's inventory of student stations. Use of a charter school for mitigation must include provisions for its continued existence, including but not limited to the transfer of ownership of the charter school property and/or operation of the school to the School Board. Community Development Department 32