The City Council finds and declares as follows:
(A)
Adequate school facilities should be available for all children residing
in new residential developments within the City.
(B)
New public and private residential developments within the City frequently
require the expansion of existing public schools or the construction
of new public school facilities.
(C)
In many areas of the City, funds for the construction of new classroom
facilities are not available when new development occurs, resulting
in the overcrowding of existing schools.
(D)
New housing developments within the City frequently cause conditions
of overcrowding in existing school facilities which cannot be alleviated
by the affected school districts under existing law and within a reasonable
period of time.
(E)
The general plan of the City provides for the location of public
schools.
(F)
That, for the reasons set out in this section, this chapter is enacted
for the purpose of providing a new and improved method of financing
for interim school facilities necessitated by new residential development
within the City.
(Ord. 1965 § 1, 1978; Ord. 2468 § 2, 1985)
As used in this chapter:
means the City Council; provided, however, that "decisionmaking
body" also means the Planning Commission or any other City board or
commission, or any City agency, department or official, if the function
or activity to be performed has been delegated by the City Council
to such commission, board, agency, department or official.
means that the total enrollment of the school within an attendance
area, including enrollment from all proposed development, exceeds
the capacity of such school as determined by the governing body of
the school district.
means the particular school district or districts within
which a residential development is proposed or to be constructed.
means a building or portion thereof, or a mobile home, designed
for residential occupation by one or more persons living together
as a single domestic unit.
means a project containing residential dwellings, including
mobile homes, of one or more units, or division of land for the purpose
of constructing one or more dwelling units. "Residential development"
includes, but is not limited to, a preliminary or final development
plan, a tentative subdivision map or a final subdivision map, a parcel
map, a conditional use permit, a building permit or any other permit
issued by the City for new residential use.
(Ord. 1965 § 2, 1978; Ord. 2468 § 2, 1985)
(A)
For the purpose of establishing an interim method of providing classroom
facilities where conditions of overcrowding exist, the City requires
the dedication of land, the payment of fees in lieu thereof, or a
combination of both, for classroom and related facilities for elementary,
intermediate or high school purposes, as a condition to the approval
of a residential development, in accordance with the provisions of
this chapter.
(B)
The provisions of this chapter apply to all residential development
within the City. The City Council may, from time to time, by resolution
adopt regulations to provide for the implementation and administration
of this chapter.
(Ord. 1965 § 3, 1978; Ord. 2468 § 2, 1985)
(A)
If the governing body of a school district makes 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 exists, the governing
body of the district shall notify the City Council of such findings.
(B)
The notice of findings sent to the City Council shall specify the
mitigation measures considered by the district and the reasons for
their rejection. If the City Council concurs in such findings, a decisionmaking
body shall not adopt 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: (1) the dedication of land, the payment of fees in lieu thereof,
or a combination of both, for classroom and related facilities for
elementary and/or high schools is imposed as a condition of the approval
of the residential development; or (2) the school district has entered
into an agreement with the applicant of a proposed residential development,
which agreement provides a feasible means for mitigating any aggravation
of such conditions of overcrowding which would otherwise be caused
by the proposed residential development; or (3) the City Council finds
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 the imposition of such a condition.
(C)
The methods for mitigating the conditions of overcrowding which the
district shall consider when making its finding required by this section
include, but are not necessarily limited to, the following:
(1)
Agreements between a subdivider and the district whereby temporary
use buildings will be leased to the district or temporary use buildings
owned by the district will be used;
(2)
The use of relocatable structures, student transportation, and school
attendance area or school boundary realignments;
(3)
The use of available bond or state loan fund revenues to the extent
authorized by law;
(4)
The use of funds which could be available from the sale of surplus
school district real property and the funds available from other appropriate
sources, as determined by the governing body of the district;
(5)
Enrollment in adjacent school districts.
(Ord. 1965 § 4, 1978; Ord. 2468 § 2, 1985)
(A)
Unless otherwise specifically excepted, every owner or developer
of a residential development situated in or served by an attendance
area where conditions of overcrowding exist, shall dedicate land,
pay fees in lieu thereof, or a combination of both, for classroom
and related facilities for elementary and/or high schools, as a condition
to the approval of a residential development.
(B)
When a fee is required to be paid in lieu of land dedication, the
amount of such fee per pupil in each impacted attendance area, and
the factor or criteria to be used in determining the estimated number
of pupils expected to reside in the dwelling units authorized by the
permit and expected to enroll in the school or schools serving the
attendance area shall be determined by the City Council, by resolution.
The per-pupil fees and the factors or criteria used in estimating
the number of pupils, may be redetermined and modified from time to
time by further resolutions of the City Council on the basis of evidence
submitted to it by the school district and other interested parties.
(C)
The minimum amount of land required to be dedicated pursuant to the
provisions of this chapter shall be at least equal in monetary value
to the fees that would be otherwise required by this section. The
City Council shall determine and establish the monetary value of land
area for the purposes of this chapter.
(D)
Only the payment of fees is required in subdivisions containing 50
parcels or less.
(Ord. 1965 § 5, 1978; Ord. 2468 § 2, 1985)
The procedure for determining whether the dedication of land,
the payment of fees in lieu thereof, or a combination of both, is
required for classroom and related facilities for elementary, intermediate
or high schools, is required as a condition to the approval of a residential
development, is as follows:
(A)
Request of Owner. At the time of filing an application for a residential
development, the owner or developer of the property shall, as a part
of the filing, state whether he desires to either dedicate land or
pay a fee in lieu thereof. If he desires to dedicate land for such
purpose, he shall designate the area thereof on the tentative tract
map or the plot plan submitted.
(B)
Action by City. At the time of approval of the residential development,
the decisionmaking body, upon the advice of the affected district,
shall determine, as a part of such approval, whether to require a
dedication of land, the payment of fees in lieu thereof, or a combination
of both, for classroom and related facilities for elementary or high
schools. Only the payment of fees is required in subdivisions containing
50 parcels or less.
(C)
Dedication Procedures. Where dedication is required, the land shall
be conveyed directly to the affected district in accordance with standard
conveyance procedures as approved by the County Counsel, or the district's
legal counsel, if other than the County Counsel, and shall be recorded
prior to the issuance of a building permit.
(D)
In-lieu Fee Procedure. When the payment of in-lieu fees is required,
the fees shall be deposited with the affected district and a receipt
therefor from the district shall be filed with the City's Community
Development Department prior to the issuance of a building permit.
(E)
Criteria for Determination. Whether the decisionmaking body, upon
the advice of the district, determines to require a dedication of
land or the payment of an in-lieu fee, or a combination of both, shall
be determined by consideration of the following criteria:
(1)
The City's general plan;
(2)
The topography, geology, access and location of the land in the development
available for dedication;
(3)
The size and shape of the development and the land available for
dedication;
(4)
The location of existing or proposed classrooms and related facilities
for elementary or high schools within and adjacent to the attendance
areas of the development; and
(5)
The desirability of developing the land proposed for dedication as
determined by a schematic site plan submitted by the owner or developer.
(F)
Appeal to Council. The determination of the decisionmaking body as
to whether land shall be dedicated, or whether a fee shall be paid,
or a combination thereof, shall be final and conclusive, unless appealed
to the City Council, or unless the determination is made directly
by the City Council on a matter regarding which final discretionary
approval is vested in the City Council.
(Ord. 1965 § 6, 1978; Ord. 2468 § 2, 1985)
(A)
The land or fees, or both, transferred to a district shall be used
only for the purpose of providing interim elementary and/or high school
classroom and related facilities. The location and amount of land
to be dedicated or the amount of fees to be paid, or both, shall bear
a reasonable relationship and shall be limited to the needs of the
community for interim elementary and/or high school facilities and
shall be reasonably related and limited to the need for school facilities
caused by the development. The facilities to be constructed from such
fees or the land to be dedicated, or both, shall be consistent with
the City's general plan, and a finding to that effect shall be made
by the Planning Commission or the City Council.
(B)
If conditions of overcrowding no longer exist within an attendance
area, the City shall cease levying any fee or requiring the dedication
of any land pursuant to the provisions of this chapter.
(Ord. 1965 § 7, 1978; Ord. 2468 § 2, 1985)
Following the decision by the City to require the dedication
of land or the payment of fees, or both, the governing body of the
district shall submit a schedule specifying how it will use the land
or fees, 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 times when such facilities will be available.
In the event the governing body of the district cannot meet the schedule,
it shall submit modifications to the City Council and the reasons
for the modifications. The City Council shall make a finding that
the facilities to be constructed from such fees or the land to be
dedicated, or both, is consistent with the general plan.
(Ord. 1965 § 8, 1978; Ord. 2468 § 2, 1985)
Any district receiving funds pursuant to this chapter shall
maintain a separate account for any fees paid and shall file a report
with the council on the balance in the account at the end of the previous
fiscal year and on 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 October 15th of each year and shall
be filed more frequently at the request of the City Council. The council
may approve a 30-day extension for the filing of the report in the
case of extenuating circumstances as determined by the Council. During
the time that the report has not been filed in the manner prescribed
in this section, there shall be a waiver of any performance of the
payment of fees or the dedication of land.
(Ord. 1965 § 9, 1978; Ord. 2468 §§ 1, 2, 1985)
