This chapter is adopted pursuant to the provisions of chapter 4.7 (commencing with section 65970) of the provisions of division 1 of title
7 of the
Government Code.
(Code 1980, § 16.24.010; Ord. No. 30, § 1, 1978)
The city council finds and declares as follows:
A. Adequate
temporary school facilities should be available for pupils caused
by new residential developments.
B. New
residential developments may require the expansion of existing public
schools or the construction of new school facilities.
C. New
residential developments frequently cause conditions of overcrowding
in existing school facilities which cannot immediately be alleviated
by school districts under existing capital funding laws.
D. The
public health, safety and welfare require a new method of financing
for interim school facilities to alleviate conditions of overcrowding
in the public schools caused by new residential developments.
(Code 1980, § 16.24.020; Ord. No. 30, § 2, 1978)
For the purposes of this chapter the following words and phrases
shall have the meanings set out below:
"Conditions of overcrowding"
means that the total projected enrollment of a school during the 18 months following occupancy of the proposed development exceeds the capacity of each school as determined by the district's reasonable class size formulas and specific classroom use designated by the district for the particular year of the report as defined in section
16.24.040. In no case shall the capacity so computed exceed the design capacity of the school as determined by the state bureau of school facilities planning.
"Developer"
means every person, firm, corporation, or other business
entity constructing or installing a new dwelling unit or mobilehome
space, either directly or through the services of any employee, agent,
or independent contractor.
"Dwelling unit"
means each single-family dwelling and each unit of a multiple-unit dwelling structure designed as a separate habitation for one or more occupants except those excluded below in this section. The term "dwelling unit" also includes new factory-built housing installed in accordance with
Health and Safety Code § 19950 et seq. The term "dwelling unit," as utilized in this chapter, shall not include a caretaker's residence, a convalescent facility, an elder cottage, a hotel, a lodging unit or a residential care facility, as those facilities are defined in section 17.02.140 of this Code. Further, the term "dwelling unit," as utilized in this chapter, does not include a senior housing facility constructed pursuant to the provisions of section
17.20.040 of this Code.
"Mobilehome space"
means each space in a mobilehome park designed to be used
for parking a mobilehome on a temporary, semipermanent or permanent
basis.
"Reasonable methods for mitigating conditions of overcrowding"
shall include, but are not limited to, concepts such as:
A.
Any agreement entered into by the affected school district which
would alleviate conditions of overcrowding caused by new residential
developments;
B.
The use of relocatable structures, student transportation, and
reasonable school boundary realignments;
C.
The use of available bonds or state loan revenues to the extent
authorized by law;
D.
The use of funds which could be available from the sale of surplus
school district real property and funds available from other appropriate
sources, as determined by the governing body of the affected school
districts;
E.
Agreements between a subdivider or other developer of residential
developments in 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. The developer will pay
the cost or relocation of temporary buildings owned by the school
districts;
F.
Elimination of noninstructional use of classrooms.
"Residential development"
means a project containing residential dwellings, including
mobilehomes, of one or more units, or a subdivision of land for the
purpose of constructing or locating thereon one or more residential
dwelling units.
"School districts"
means all school districts located in whole or in part within
the city.
(Code 1980, § 16.24.030; Ord. No. 30, § 3, 1978; Ord. No. 30-A, § 1, 1985)
The governing body of a school district which operates, in whole or in part, within the city may, at any time pursuant to
Government Code § 65971, notify the city council that conditions of overcrowding exist in one or more attendance areas within the district. Such notice of findings shall be in writing and shall set forth the clear and convincing evidence upon which such findings are based and shall include the reasonable mitigating solutions considered. Evidence of continued overcrowding shall be verified for the city council in the annual audit report as defined in section
16.24.110.
(Code 1980, § 16.24.040; Ord. No. 30, § 4, 1978)
After receipt of any notice of findings complying with the requirements of section
16.24.040, the city council, if it concurs with such school district findings, shall do so by resolution.
(Code 1980, § 16.24.050; Ord. No. 30, § 5, 1978)
Within an attendance area, where the city council has concurred
in a school district's notice of findings that conditions of
overcrowding exist, no decision-making body shall approve an application
for a residential development within such area and no building permit
for a dwelling unit shall be issued unless the city council makes
one of the following findings:
A. That
pursuant to this chapter, provision has been made for payment of fees
or some other provision has been agreed upon by the applicant for
a residential development and the school district to mitigate the
conditions of overcrowding within that attendance area; or
B. That
there are specific, overriding physical, economic, social, or environmental
factors which, in the judgment of the decision-making body, would
benefit the city, thereby justifying the approval of a residential
development otherwise subject to the provisions of this chapter without
requiring the payment of fees or other alternate provisions required
by this chapter.
(Code 1980, § 16.24.060; Ord. No. 30, § 6, 1978)
In an attendance area where the city council has concurred that overcrowding exists, the applicant of a proposed residential development, as a condition of approval, or the obtaining of a building permit, shall pay fees, an equivalent arrangement in lieu thereof, or do a combination thereof unless excepted as provided in section
16.24.060(B), as determined by the city council during the hearings and other proceedings on specific residential development applications. Prior to the imposition of the fees, it shall be necessary for the city council to make the following determination: That the interim facilities to be constructed, leased, or rented from such fees, are consistent with the general plan.
(Code 1980, § 16.24.070; Ord. No. 30, § 7, 1978)
Until further amendment of this section, no fees or deduction
of land in lieu of fees shall be required for all projects submitted
after the effective date of Ordinance 30B pursuant to Ordinance 30,
as amended.
(Code 1980, § 16.24.080; Ord. No. 30, § 8, 1978; Ord. No. 56, § 1, 1979; Ord. No. 69, § 1, 1979; Ord. No. 69A, § 1, 1979; Ord. No. 69A.01, § 1, 1979; Ord. No. 74, § 1, 1979; Ord. No. 69-B, § 1, 1981; Ord. No. 69-C, § 1, 1981; Ord. No. 30B, § 1, 1986)
If a residential development approval is vacated or voided,
and if the city still retains the fees collected therefor, and if
the applicant so requests, the city council shall order the fees returned
to the applicant.
(Code 1980, § 16.24.090; Ord. No. 30, § 9, 1978)
Following the decision of the city council to require the payment
of fees, the governing body of the school district shall submit a
proposed schedule in accordance with
Government Code § 65976.
The schedule shall specify how the district will use the fees to solve
the problems of overcrowding. The schedule shall state:
A. The
classroom facilities to be obtained;
B. The
location of the classrooms; and
C. The
times such classrooms will be available.
If the district cannot meet the schedule, it shall submit the
modifications and the reasons therefor to the city council.
|
(Code 1980, § 16.24.100; Ord. No. 30, § 10, 1978)
Any school district receiving funds pursuant to this chapter
shall maintain a separate accounting for any fees paid and shall file
a report with the city council on the balance of the account at 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 1 of each year
and shall be filed more frequently at the request of the city council.
(Code 1980, § 16.24.110; Ord. No. 30, § 11, 1978)
All fees collected pursuant to this chapter and transferred
to a school district shall be used only by the district for the purpose
of providing interim classroom and related facilities.
(Code 1980, § 16.24.120; Ord. No. 30, § 12, 1978)
If two separate school districts operate schools in an attendance
area where the city council concurs that overcrowding conditions exist
for both school districts, the city council will enter into an agreement
with the governing body of each school district for the purpose of
determining the division of revenues from the fees levied pursuant
to this chapter.
(Code 1980, § 16.24.130; Ord. No. 30, § 13, 1978)
When it is determined by the city council that conditions of
overcrowding no longer exist in an attendance area, the city council
shall cease imposition of any requirements under this chapter.
(Code 1980, § 16.24.140; Ord. No. 30, § 14, 1978)