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A. Authority. This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970 of Division 1 of Title 7 of the Government Code).
B. Purpose. The purpose of this chapter is to provide a method for financing school facilities necessitated by new residential developments causing conditions of overcrowding.
C. Regulations. The
City Council
may, from time to time, by resolution, issue regulations to provide for the administration and implementation of this chapter. (Ord. 438 § 1(part), 1982).
A. BEDROOM. A room with a dwelling unit other than a living room adjacent to the main entry, a dining room adjacent to the kitchen, a family room adjacent to a kitchen or dining room, a kitchen, halls, dining rooms, closets and bathrooms.
B. CONDITIONS OF OVERCROWDING. That the total enrollment of a school, including enrollment from proposed developments, exceeds the capacity of the school as determined by the governing body of the district.
C. DWELLING UNIT. A building or a portion thereof, or a mobile home, designed for residential occupancy by one person or a group of two or more persons living together as a domestic unit.
D. REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVER- CROWDING. Include, but are not limited to, agreements between a subdivider and the affected school district whereby temporary use buildings will be leased to the school district or temporary use buildings owned by the school district will be used.
E. RESIDENTIAL DEVELOPMENT. A project containing residential dwellings, including mobile homes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units. Residential development includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, a conditional use permit, a building permit, or any other discretionary permit for new residential use. (Ord. 438 § 1 (part), 1982).
A. Findings and Notice. Pursuant to Government Code Section 65970 et seq., the governing board of the school district may make a finding supported by clear and convincing evidence that:
1. Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing; and
2. That all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist. Upon making such a finding, the governing board of the school district shall notify the
City Council
in writing of such finding, as specified in subsection B of this section.
B. Findings – Requirements. Any notice of findings sent by a school district to the city shall specify:
1. The findings listed in subsection A of this section;
2. Findings of facts and a summary of the evidence upon which the findings in subsection A of this section were based;
3. The mitigation measures and methods considered by the school district in any determination made by the district;
4. The precise geographic boundaries of the overcrowded attendance area or areas; and
5. Such other information as may be required by a Council regulation.
C. Concurrence by City. Within thirty days after receipt of notice of findings by the governing board of the school district, the
City Council
, if it concurs with such school district findings, shall do so by resolution.
D. Findings for Development Approval. Within an attendance area, where the
City Council
has concurred in a school district's notice of finding pursuant to Government Code Section 65971 that conditions of overcrowding exist, the
City Council
or any other city decision making body shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes within such area, unless the
City Council
makes one of the following findings:
1. That this chapter is a chapter adopted pursuant to Government Code Section 65974;
2. That there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the
City Council
would benefit the city, thereby justifying the approval of a residential development otherwise subject to Government Code Section 65974. (Ord. 438 § 1(part), 1982).
A. Payment of Fees – Dedication of Land. In an attendance area where the
City Council
has concurred as provided in Section 16.40.030 that overcrowding exists, the applicant of a proposed residential development, as a condition of approval for the obtaining of a building permit, shall pay fees, make an equivalent arrangement in lieu of, dedicate land, or do a combination thereof unless accepted as provided in Section 16.40.030 as determined by the Council or other city decision making body during the hearings and other proceedings on specific residential development applications falling within their respective jurisdictions.
B. Payment of Fees in Small Residential Developments. Only the payment of fees shall be required in residential development containing fifty parcels or less, or other developments containing fifty units or less.
C. Standards for Fees or Land. Any requirement imposed pursuant to this chapter shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities, and shall be reasonably related and limited to the need for the schools caused by the development.
D. Amount of Fees or Land.
1. When fees are required by this chapter to be paid in lieu of land dedication or as a combination, or both, such fees shall be, and paid, as follows:
K-6 | 7-8 | 9-12 | |
One bedroom living unit | No Contribution | ||
Two bedroom living unit | $366 | $84 | $96 |
Threebedroom living unit | 732 | 168 | 192 |
Four bedroom living unit | 1,098 | 252 | 288 |
Five bedroom living unit | 1,464 | 336 | 384 |
2. The total land area required by this chapter to be dedicated shall be at least equal in monetary value to the fees which would be otherwise required by subdivision 1 of this subsection. The city administrator shall determine and establish the monetary value of land area for the purpose of this division.
E. Changes in Fee Structure. Upon request of the governing board of the school district, the
City Council
shall evaluate the fee schedule set forth in subdivision 1 of subsection D of this section, and adjust the figures to reflect increases or decreases in costs of alleviating conditions of overcrowding. (Ord. 438 § 1(part), 1982).
A. Fee Required. If the payment of a fee is required, the payment shall be made prior to the approval and issuance of a building permit. Fees shall be paid to the affected school district, which shall furnish the applicant with written receipt of such payment.
B. Land Dedication. When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in this title. Land shall be deeded directly to the school district or districts under procedures adopted by the
City Council
.
C. Refunds.
1. If a final subdivision map, a parcel map or conditional use permit is vacated or voided, and if the city still retains the land, and if the applicant so requests, the city shall order the land returned.
2. If a final subdivision map, a parcel map, conditional use permit, development plan or building permit is cancelled or voided, and if the affected school district still retains the land and/or fees, and if the applicant so requests, the school district shall return to applicant the land and/or fees. If the school district has been caused to incur fees or costs in connection with the transfer or retransfer of any such land, the applicant shall reimburse the school district, as a condition of retransfer of title, for all fees and costs necessitated thereby.
D. School District Schedule. Following concurrence by the
City Council
pursuant to Section 16.40.030 C, the City Manager or his or her designee shall notify each school district affected thereby. The governing board of the school district shall then submit a schedule specifying how it will use the fees or land, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available and the time when such facilities will be available. In the event the governing board of the school district cannot meet the schedule, it shall submit modifications to the
City Council
and the reasons for the modifications. (Ord. 438 § 1(part), 1982).
A. Use of Fees and Land. All fees or land, or both, collected pursuant to this chapter and transferred to a school district, shall be used only by the district for the purpose of providing elementary or high school classroom and related facilities.
B. Account. Any school district receiving funds or lands pursuant to this chapter shall maintain a separate account for any fees paid and disposition of land received, and shall file an annual report with the
City Council
on the balance and account of the end of the previous fiscal year and the facilities leased, purchased or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year.
C. Termination of Dedication or Fee Requirements. When it is determined by the governing board of the affected school district that conditions of overcrowding no longer exist in an attendance area, the
City Council
shall cease imposition of any requirements under this chapter.
D. Validity. If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, the decision shall not affect the validity of the remaining portions of this chapter. The
City Council
declares that it would have adopted the chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases is invalid. (Ord. 438 § 1(part), 1982).