A subdivider who develops or completes the development of one
or more subdivisions within the Placentia Unified School District
shall dedicate to the school district such lands as the city council
deems to be necessary for the purpose of constructing thereon such
elementary schools as are necessary to assure the residents of the
subdivision adequate public school service.
The city council shall not require the dedication of an amount
of land which would make development of the remaining land held by
the subdivider economically unfeasible or which would exceed the amount
of land ordinarily allowed under the procedures of the State Allocation
Board.
(Ord. 88-O-117 § 1, 1988)
The requirement of dedication shall be imposed at the time of
approval of the tentative map. If, within 30 days after the requirement
of dedication is imposed by the city, the Placentia Unified School
District does not offer to enter into a binding commitment with the
subdivider to accept the dedication, the requirement shall be automatically
terminated. The required dedication may be made any time before, concurrently
with, or up to 60 days after the filing of the final map on any portion
of the subdivision.
(1)
The requirement of dedication shall not be applicable to a subdivider
who has owned the land being subdivided for more than 10 years prior
to the filing of the tentative map.
(Ord. 88-O-117 § 1, 1988)
The Placentia Unified School District shall, if it accepts the
dedication, repay to the subdivider or his successors the original
cost to the subdivider of the dedicated land, plus a sum equal to
the total of the following amounts:
(1)
The cost of any improvements to the dedicated land since acquisition
by the subdivider;
(2)
The taxes assessed against the dedicated land from the date of the
school district's offer to enter into the binding commitment
to accept the dedication;
(3)
Any other costs incurred by the subdivider in maintenance of such
dedicated land, including interest costs incurred on any lien covering
such land.
(Ord. 88-O-117 § 1, 1988)
If the land is not used by the school district as a school site
within 10 years after the dedication, the subdivider shall have the
option to repurchase the property from the district for the amount
paid therefor.
(Ord. 88-O-117 § 1, 1988)
In the event that the property is dedicated, the school district
shall record a certificate with the county recorder containing the
following information:
(1)
The name and address of the subdivider dedicating the property;
(2)
A legal description of the real property dedicated;
(3)
A statement that the subdivider dedicating the property has an option
to repurchase the property if it is not used by the school district
as a school site within the next 10 years after dedication;
(4)
Proof of the acceptance of the dedication by the school district
and the date of acceptance. The certificate shall be recorded not
more than 10 days after the date of acceptance of the dedication.
(Ord. 88-O-117 § 1, 1988)
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, in the event that conditions
of overcrowding are encountered.
(1)
"Board"
"Declaration of impact"
"District"
Definitions. In addition to the definitions set forth in Sections 65973 and 65980 of the Government Code and Chapter 22.08 of this title, the following definitions shall apply to this section:
means the Board of Trustees of the district.
means a statement adopted by the Board, and forwarded to
the city council, 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.
means the Placentia Unified School District.
(2)
The city council finds:
(A)
Public education in the primary and secondary grades is provided
in the city by the Placentia Unified School District.
(B)
There is the potential that new residential development may on occasion
cause overcrowding in one or more schools in the district.
(C)
It is necessary that a method be established to provide the district
with interim classroom facilities when conditions of overcrowding
exist, thereby reducing potential adverse impacts on education.
(3)
Action by Board. The Board may, on occasion, adopt a declaration
of impact and file the same with the city clerk for consideration
by the city council.
(4)
Action by city council. Upon receipt of a declaration of impact from
the board and the schedule required by Section 65976 of the Government
Code, the city council 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 city to withhold approval
of, new residential development within the attendance area of the
impacted school.
(5)
Mitigation Measures.
(A)
The city council 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.
(B)
The decision concerning whether to require the dedication of land,
payment of fees or an appropriate combination shall be determined
after consultation with the board concerning the needs of the district
as they relate to the impacted school or schools.
(C)
The amount of any fee 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 city council, and shall be
collected at the time of issuance of a building permit.
(6)
Use of Fees and Land-accounting.
(A)
The district shall use the land and/or fees solely to alleviate the
conditions of overcrowding within the affected attendance area.
(B)
The district shall provide to the city council the report required
by Section 65978 of the Government Code.
(7)
City's Right to Disapprove Development or Require Other Fees.
Nothing in this section shall be construed to limit the right of the
city 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 the district which cannot be alleviated
by the provisions of this section.
(Ord. 88-O-117 § 1, 1988)
As a condition of approval of a tentative map for a residential
subdivision, the city may not require dedication of land or payment
of in-lieu fees or a combination of both in order to provide permanent
facilities for school purposes. However, nothing in this chapter shall
affect the district's authority to directly levy a dedication
requirement, a fee, charge or other requirement against any development
project, as provided pursuant to Section 53.080 of the Government
Code, to establish temporary or permanent school facilities.
(Ord. 88-O-117 § 1, 1988)
