This chapter shall be known as the "School Facilities Dedication Ordinance." The purpose of this chapter is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.
(Prior code § 8-100)
The ordinance codified in this chapter is enacted pursuant to Chapter 4.7 (commencing with Section 65970) of Division I of Title 7 of the Government Code. In the case of any conflict between the provisions of this chapter and those of Chapter 4.7, the latter shall prevail.
(Prior code § 8-101)
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.
(Prior code § 8-102)
The City may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this chapter.
(Prior code § 8-103)
Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter.
"Conditions of overcrowding"
means that the total enrollment of a school, including enrollment from proposed development, exceed the capacity of such school as determined by the governing body of the district.
"Developer"
means and includes 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 and includes each single-family dwelling and each unit of a multiple-unit dwelling structure designed as a separate habitation for one or more occupants. The term dwelling unit also includes new factory-built housing installed in accordance with Section 19960 et seq., of the Health and Safety Code of the State.
"Mobilehome space"
means and includes each space in a mobilehome park designed to be used for parking a mobilehome on a temporary, semi-permanent or permanent basis.
"Reasonable methods for mitigating conditions of overcrowding"
means and includes, but are not limited to:
1. 
Any agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development;
2. 
The use of relocatable structures, student transportation, and school boundary realignments;
3. 
The use of available bond or State loan 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 funds available from other appropriate sources, as determined by the governing body of affected school districts;
5. 
Agreements between a subdivider or other developer of residential developments in the affected school district whereby temporary use buildings will be leased to or for the benefit of the school district or temporary use buildings owned by the school district will be used.
"Residential development"
means a project containing residential dwellings including mobilehomes, of one or more units, or a division of land for the purpose of constructing one or more residential units. Residential development includes, but is not limited to, a preliminary or final development plan, a subdivision tentative parcel map, conditional use permit, or any other discretionary permit for new residential use.
"School districts"
means and includes all school districts located in whole or in part within the incorporated areas of the City.
(Prior code §§ 8-110—8-110.7)
The governing body of a school district which operates, in whole or in part, within the incorporated areas of the City of Stockton may at any time pursuant to Government Code Section 65971, notify the City Council that:
A. 
Conditions of overcrowding exist in one or more attendance areas within the districts;
B. 
All reasonable methods of mitigating conditions of overcrowding have been evaluated; and
C. 
No feasible methods for reducing such conditions exist. Such notification shall remain in effect until withdrawn in writing by the governing body of the school district.
(Prior code § 8-111)
The notice shall be in writing and shall set forth the clear and convincing evidence upon which such finding is based. It shall specify:
A. 
The findings listed in Section 3.36.060.
B. 
The findings of fact and a summary of the evidence upon which the findings in Section 3.36.060 were based.
C. 
The mitigation measures and methods, including those listed in the definitions of reasonable methods for mitigating conditions of overcrowding in Section 3.36.050, considered by the school district in any determination made concerning them by the district.
D. 
The precise geographic boundaries of the overcrowded attendance area or areas.
E. 
Such other information as may be required by the Council.
(Prior code § 8-112)
Upon receipt of a notice as described in Section 3.36.060, the Council shall schedule and conduct a public hearing on the notification for the purpose of allowing interested parties to comment on the matter. Following such hearing, the Council shall determine whether it concurs in such finding. If the Council concurs, it shall by resolution designate the school as an overcrowded school.
(Prior code § 8-113)
Within the attendance area where it has been determined pursuant to Section 3.36.080 that conditions of overcrowding exist, the Planning Commission shall not approve a residential development as defined in Section 3.36.050 unless the Planning Commission makes one of the following finds:
A. 
That pursuant to this chapter, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development to mitigate the conditions of overcrowding within that attendance area; or
B. 
There exists specific overriding fiscal, economic, social or environmental factors which, in the judgment of the Planning Commission, would benefit the community as a whole, thereby justifying the approval of a residential development otherwise subject to the provisions of this chapter without requiring the payment of fees or the dedication of land or other alternative provisions of this chapter.
(Prior code § 8-114)
Residential developments shall be exempted from the requirements of this chapter when they consist only of the following:
A. 
Any modification or remodeling of an existing legally established dwelling unit that does not create an additional dwelling unit;
B. 
The proposed development is located within a redevelopment area designated by a redevelopment agency pursuant to the Community Redevelopment Law, Health and Safety Code Section 33000; or
C. 
A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;
D. 
Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;
E. 
Any rebuilding of an historical building recognized, acknowledged and designated as such by the Planning Commission.
(Prior code § 8-115)
Following the decision of the Council to require the dedication of land or the payment of fees, or both, the governing body of the school 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 time when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Council and the reasons for the modifications.
(Prior code § 8-116)
At the time of filing an application for the approval of a proposed residential development located in an attendance area where the Council has concurred as provided in this chapter, the applicant shall, as part of such filing, indicate whether he or she prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof or do a combination of these. If the applicant prefers to dedicate land, he or she shall describe the specific land.
(Prior code § 8-117)
At the time of initial residential development approval of developments having more than 50 units, the Planning Commission shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Commission shall consider the following factors:
A. 
Whether lands offered for dedication will be consistent with the General Plan;
B. 
The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;
C. 
Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development;
D. 
Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;
E. 
If only a subdivision is proposed, whether it will contain 50 parcels or less.
(Prior code § 8-118)
In subdivisions containing 50 parcels or less, only the payment of fees may be required.
(Prior code § 8-118.1)
No building permit for a residential development in an attendance area where it has been determined that conditions of overcrowding exist shall issue unless and until the fees established by the City Council have been paid or otherwise satisfied by action of the Planning Commission.
(Prior code § 8-118.2)
When the dedication of land is required, the developer shall make a written offer of dedication to the affected school district, which shall then have 30 days in which to formally accept or reject the offer. If the school district rejects the offer of dedication, it shall notify the Planning Commission in writing of its reasons for so doing. The Planning Commission shall then determine whether to assess fees in lieu of dedication or require the dedication of other land within the proposed development. If the school district takes no action within 30 days of receiving the written offer, such offer shall be deemed to have been accepted.
(Prior code § 8-119)
If payment of fees is required, such payment shall occur simultaneously with and be a condition concurrent to the issuance of a building permit.
(Prior code § 8-120)
Where two separate school districts operate schools in an attendance area where overcrowding conditions exist for both school districts, the City Council shall enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this chapter.
(Prior code § 8-121)
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 will be limited to the need for interim school facilities caused by the development. The location of land to be dedicated shall be consistent with the City's General Plan.
(Prior code § 8-122)
The Council shall by resolution establish the amount of fees to be paid when required pursuant to the terms of this chapter. The rate for mobilehomes shall be established by dwelling unit. The rate for all other dwelling units shall be established on a per bedroom basis. Any room designed for sleeping which has a closet is a bedroom for the purposes of this chapter. The total land area required to be dedicated pursuant to this chapter shall be at least equal in monetary value to the fees which would be otherwise required. The Planning Commission shall determine and establish the monetary value of land area for the purposes of this section.
(Prior code § 8-123)
The Council may establish separate fee schedules for each school district.
(Prior code § 8-124)
All land or fees, or both collected pursuant to this chapter and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom or related facilities.
(Prior code § 8-125)
Any school district receiving funds pursuant to this chapter shall maintain a separate account for any fees paid and shall file a report with the City Council on the balance in 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 terms begin and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year and shall be filed more frequently at the request of the City Council.
(Prior code § 8-126)
If overcrowded conditions no longer exist, the City shall cease levying any fee or requiring the dedication of any land pursuant to this chapter.
(Prior code § 8-127)
The governing body of each school district shall, no later than May 1st of each year, determine the capacity of each school in the district and project the enrollment expected in each school for the next succeeding school year. This information shall be kept on file at the district offices and shall be made available to the public pursuant to the Public Records Act. The determination of capacity shall set forth the formulas or other methods employed by the governing body in making its determination.
(Prior code § 8-128)