This chapter shall be known and may be cited as the "Interim
School Facilities Ordinance."
(Ord. 107 § 1, 1985)
The purpose of this chapter is to provide a method for financing
interim school facilities necessitated by conditions of overcrowding
caused by new residential developments.
(Ord. 107 § 1, 1985)
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.
(Ord. 107 § 1, 1985)
The City's General Plan provides for the location of public
schools. Interim school facilities to be constructed from fees or
land required to be dedicated or both shall be consistent with the
General Plan.
(Ord. 107 § 1, 1985)
The City Council may from time to time, by resolution, issue
regulations to establish fees, administration, procedures, interpretation
and policy direction for this chapter.
(Ord. 107 § 1, 1985)
The following terms shall have the following meanings when used
in this chapter:
means that area established by the governing board of the
school district, within which children must reside to attend a particular
school;
means a building permit for residential development, an application
for which was not accepted for processing by the Planning Department
of City on the effective date of the ordinance codified in this chapter;
means City Council of the City of Atascadero;
means that the total enrollment of a school, including enrollment
from proposed development, exceeds the capacity of such school;
means City Clerk of City;
means any person, association, firm, partnership, corporation,
other business entity, or public agency establishing, installing,
or constructing a residential dwelling unit;
means a building or portion thereof, or a mobile home, designed
for residential occupation by one person or a group of two or more
persons living together as a domestic unit. Dwelling unit shall not
mean remodels or room additions to existing residential structures
nor shall it include hotel or motel units;
means temporary classrooms not constructed with a permanent
foundation and defined as a structure containing one or more rooms,
each of which is designed, intended and equipped for use as a place
for formal instruction of pupils by a teacher in a school; temporary
classroom toilet facilities not constructed with a permanent foundation;
and reasonable site preparation and installation of temporary classrooms
and toilet facilities;
means the Planning Director of City;
include, but are not limited to:
The use of all available revenues, including general fund, to
the full extent authorized by law;
Attendance area boundary adjustments;
The use of school district property for temporary use buildings;
The temporary or permanent use of other schools in the district
not having overcrowded conditions;
The use of student transportation;
The use of existing and proposed relocatable structures;
The full use of funds which could be available from the sale
of surplus school district real property;
Eliminating non-mandated school programs and facilities;
The use of classroom double sessions;
The use of year-round school programs; and
The pursuit and use of available tax, bond, state lottery allocations
and other revenue procedures to the full extent authorized by law;
means a project requiring a building permit for residential
dwelling, including mobile homes, of one or more units.
(Ord. 107 § 1, 1985)
Pursuant to Government Code Sections 65970 et seq., the governing
board of any school district operating an elementary or high school
may, with respect to any of its attendance areas located in whole
or in part within the City of Atascadero make and file with the City
Council written findings supported by clear and convincing evidence
that:
(a)
Conditions
of overcrowding exist in the school or schools of such attendance
area which will impair the normal functioning of educational programs,
including the reasons for such conditions existing; and
(b)
All
reasonable methods for mitigating conditions of overcrowding have
been evaluated and no feasible method for reducing such conditions
exists.
(Ord. 107 § 1, 1985)
Findings filed pursuant to Section 3-7.07 shall contain the following:
(a)
A precise
description of the geographic boundaries of the attendance areas to
which the findings relate;
(b)
A list
of the mitigation measures evaluated by the governing board of the
school district and a statement of the reasons why such measures were
found to be infeasible;
(c)
The
evidence upon which such findings were based; and
(d)
Such
other information as may be required by the Planning Director or City
Council to carry out the purposes of this chapter.
(Ord. 107 § 1, 1985)
(a)
(b)
If
the City Council concurs with a school district's findings that conditions
of overcrowding exist within an attendance area, it shall adopt a
resolution specifying its concurrence based upon the evidence provided
in the school district's notice and findings.
(Ord. 107 § 1, 1985)
(a)
After
the City Council's adoption of a resolution of concurrence with the
school district's notice and findings, the governing body of the school
district shall submit a detailed plan or schedule specifying for such
affected attendance area how it will use land or fees, or both, to
solve the conditions of overcrowding. The schedule shall include,
for each attendance area, the school sites to be used, the classroom
facilities to be made available, and the times when such facilities
will be available. In addition, the school district shall provide
data showing the least expensive methods for financing the district's
plan, including the cost of leasing for a maximum period of five years
interim use facilities. In the event the governing body of the school
district cannot meet the schedule, it shall submit modifications to
the City Council together with the reasons for the modifications.
(b)
The
City Council shall review such plan at a regular meeting, and shall
approve or disapprove it. If the City Council disapproves the plan,
it shall provide the school district with written notice of its reasons
for disapproval.
(Ord. 107 § 1, 1985)
After the City Council's approval of the school district's plan,
no building permit shall be approved in the attendance area described
in said notice and findings, until the developer has either dedicated
land, paid fees, or provided both dedicated land and fees or agreed
to dedicate land, pay fees, or provide both dedicated land and fees
to the school district as hereinafter provided.
(a)
Fees.
The City Council shall establish fees by resolution and may amend
such fee schedules from time to time. If the City Council does not
concur with the amount of fees to be paid requested by the governing
board of the school district, the City Council shall, by resolution,
adopt such amount of fees as it may deem proper in lieu of that requested.
The City may require the school district to provide updated
information to the City Council from time to time which the City Council
may utilize in electing to adjust fees. Such information may consist
of, but is not limited to, new census data for the City or portions
thereof, school census data for the City or portions thereof, new
lease and purchase data for relocatables. and changes in classroom
maximums or standards.
The amount of fees to be paid shall bear a reasonable relationship
and will be limited to the needs of the community for interim school
facilities and shall be reasonably related and limited to the need
for schools caused by the development.
(b)
Land
Dedication. If the developer and the school district propose to agree
to land dedication in lieu of fees or a combination of dedicated land
and fees, the City Council shall consider the proposal within 30 days
of receipt of a written proposal by the school district, and may approve
or disapprove the dedication or combination of dedication and fees
after considering at least the following factors:
(1)
Whether lands offered for dedication will be consistent with the
general plan;
(2)
The topography, soils, soil stability, drainage, access, location
and general utility of land in the development available for dedication;
(3)
Any recommendations made by affected school districts concerning
the location and amount of lands to be dedicated; and
(4)
Whether the location and amount of lands proposed to be dedicated
or the combination of dedicated land and fees will bear a reasonable
relationship and will be limited to the needs of the community for
interim elementary and/or high school facilities and will be reasonably
related and limited to the need for schools caused by the development.
(Ord. 107 § 1, 1985)
Prior to final approval of a building permit for a residential dwelling unit or units which is located in whole or in part in an attendance area where a school has been determined to be overcrowded pursuant to this chapter and for which the City Council has adopted a fee schedule pursuant to Section 3-7.11 (a), the applicant shall present to the Planning Director evidence of one of the following:
(a)
Payment to the school district of the fees required by resolution of the City Council adopted pursuant to Section 3-7.11 which is in effect at the time the applicant applies for a building permit;
(b)
An agreement in writing with the affected school district by which the applicant agrees to dedicate to the school district and the school district agrees to accept land to be used to relieve the overcrowding in the district's schools as an alternative to payment of fees under subsection (a) of this section;
(c)
An agreement in writing with the affected school district by which the applicant agrees to both dedicate land and pay fees to the school district and the school district agrees to accept the combination of dedicated land and fees to relieve the overcrowding in the district's schools as an alternative to only the payment of fees under subsection (a) of this section and to only the dedication of land under subsection (b) of this section. The amount of the fees shall be determined by the City Council pursuant to Section 3-7.11.
(d)
A written
statement of the applicant, with supporting documentation, that there
are specific overriding fiscal, economic, social or environmental
factors benefiting the City which will justify the approval of such
residential development without compliance with the fee payment or
land dedication requirements of this chapter.
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If the applicant provides such a statement of overriding factors under subsection (d), the Planning Director shall place the matter on the agenda of the City Council for public hearing to be held not less than 45 days after receipt of the statement, and shall give the school district at least 10 days written notice of the hearing along with a copy of the statement.
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If after public hearing, the City Council agrees that overriding factors benefiting the City justify approval without the payment of fees or dedication of land, it shall direct the Planning Director to continue processing the application. If the City Council finds that there are not sufficient overriding factors, it shall direct the Planning Director to take no further action to process the application until the documentation required by subsections (a), (b), or (c) has been provided.
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The Planning Director shall refuse to grant final approval to
a building permit for a residential dwelling unit which is within
a school attendance area in which the City Council has found that
conditions of overcrowding exist and for which the City Council has
approved the school district's plan to solve overcrowding, until the
applicant has complied with this section.
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(Ord. 107 § 1, 1985)
All land or fees, or both, collected by a school district pursuant to this chapter shall be used only for the purpose of providing interim school facilities as defined in Section 3-7.06 (h).
(Ord. 107 § 1, 1985)
Residential development shall be exempt from the requirements
of this chapter when it consists of any one or more of the following:
(a)
Any
modification or remodeling of an existing legally established dwelling
unit;
(b)
A condominium
project converting an existing apartment building into condominiums
where no new dwelling units are added or created;
(c)
Any
rebuilding of a legally established dwelling unit destroyed or damaged
by fire, explosion, act of God or other accident or catastrophe;
(d)
Any
rebuilding of a historical building recognized, acknowledged and designated
as such by the City Planning Commission or City Council;
(e)
Any
residential development where the City Council finds there are specific
overriding fiscal, economic, social or environmental factors benefiting
the City which, in the sole judgment of the City Council would justify
the approval of such development without the payment of fees or dedication
of land.
(Ord. 107 § 1, 1985)
If the payment of fees is required, such payment shall be made
by the developer to the school district prior to the time of issuance
of the building permit.
(Ord. 107 § 1, 1985)
If a building permit approval is vacated or voided and if the
affected school district still retains the land or fees collected
therefor, and if the applicant so requests in writing, the governing
body of the school district shall order the land or fees returned
to the applicant.
(Ord. 107 § 1, 1985)
As soon as overcrowding conditions cease to exist or reasonable
methods of mitigating conditions of overcrowding are feasible, the
school district shall immediately notify the City Council. Upon receiving
such notice, or upon City Council's determination that overcrowding
conditions cease to exist or that reasonable methods for mitigating
conditions of overcrowding are feasible, the City Council shall cease
the requirement of fees or land dedication required by this chapter.
In any event, this chapter shall be automatically repealed and have
no further effect six years from the date of the final passage of
the ordinance codified in this chapter.
(Ord. 107 § 1, 1985; Ord. 172 § 1, 1988)
Any school district receiving funds or land pursuant to this
chapter shall maintain a separate trust account for any funds paid.
Within one month of the end of each school semester, the district
shall file with the City Council a report specifying for the reporting
period the amount of funds received, the use made of funds expended,
and reasons for the continued need of such funds, if any exist. In
addition, the reports shall specify which attendance areas will continue
to be overcrowded when the next term begins and when and where conditions
of overcrowding will no longer exist. The district shall also annually
provide, within three months of the end of the district's fiscal year,
an independent audit of the school fee trust account. The city may,
at any reasonable time, cause an independent audit to be conducted
of the fees collected by the governing board of the school district
for the purposes authorized by this section.
(Ord. 107 § 1, 1985)
