This chapter shall be known as the school facilities dedication
and fee ordinance.
(Ord. 9505 § 1, 1978)
This chapter is adopted pursuant to the provisions of Section
66478 of the California Government Code. In the case of any conflict
between the provisions of this chapter, and those of the California
Government Code, the latter shall prevail.
(Ord. 9505 § 1, 1978; Ord. NS-365 § 17, 1996; Ord. CS-102 § CVI, 2010)
This chapter is intended to implement the school facilities
dedication and fees legislation in the city and to provide authority
whereby the city, affected school districts, and applicants for land
development approvals may undertake such reasonable steps as the City
Council determines to be necessary to alleviate overcrowding of school
facilities.
(Ord. 9505 § 1, 1978)
The City Council may from time to time, by resolution, issue
regulations to establish procedures, interpretations and policy directions
for the administration of this chapter.
(Ord. 9505 § 1, 1978)
The City Council of the city finds and declares as follows:
(a)
Adequate school facilities should be available for children residing
in new residential developments.
(b)
Public and private residential developments may require the expansion
of existing public schools or the construction of new school facilities.
(c)
In many areas of the city, the 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 frequently cause conditions of overcrowding
in existing school facilities which cannot be alleviated under existing
law within a reasonable period of time.
(e)
That, for these reasons, new and improved methods of financing for
interim school facilities necessitated by new development are needed
in the city.
(Ord. 9505 § 1, 1978)
The general plan of the city provides for the location of public
schools. Those interim school facilities to be constructed from fees
paid or those lands to be dedicated for school facilities as required
by this chapter shall be consistent with the general plan of the city.
(Ord. 9505 § 1, 1978)
Whenever the following words are used in this chapter, unless
otherwise defined, they shall have the meaning ascribed to them in
this section:
means that the total enrollment of a school, including enrollment
from proposed development, exceeds the capacity of such school as
determined by the governing body of the district.
means the City Council, Planning Commission, City Engineer,
City Planner and Community and Economic Development Director.
means a building or a portion thereof, or a mobile home,
designed for residential occupancy by one person or a group of two
or more persons living together as a domestic unit.
means temporary classrooms, including their utilities, furnishings
and toilet facilities not constructed with permanent foundations.
shall include, but not be limited to, the following:
Agreements between a subdivider and the affected school district
whereby temporary-use buildings will be leased to the school district;
The use of temporary-use buildings owned by the school district;
The use of temporary portable classrooms, student busing, classroom
double sessions, year-round use of school facilities, school boundary
realignments, and elimination of low priority school facility uses;
The use of available annual tax rate bond revenues or state
loan revenues, to the extent authorized by law;
The use of funds which could be available from the sales of
surplus school district real property and funds available from any
other sources.
means a project containing residential dwellings, including
mobile homes, of one or more units, or a subdivision of land for the
purpose of constructing one or more residential dwelling units. Residential
development includes but is not limited to:
A tentative or final subdivision map or parcel map or a time
extension or amendment to such a map;
A conditional use permit;
A site development plan;
A variance;
A privately proposed specific plan or amendment thereto which
would allow an increase in authorized residential density;
A privately proposed amendment to the city general plan which
would allow an increase in authorized residential density;
An ordinance rezoning property to a residential use or to a
more intense residential use;
A grading permit;
A building permit;
Any other discretionary permit for residential use.
(Ord. CS-164 §§ 10,
14, 2011; Ord. NS-675 §§ 76,
79, 2003; Ord. 1261 § 52,
1983; Ord. 1256 § 7, 1982; Ord. 9533 § 2, 1979; Ord. 9505 § 1, 1978)
A residential development shall be exempt from the requirements
of this chapter when it consists only of the following:
(a)
Any modification or remodel of an existing legally established dwelling
unit where no additional dwelling units are created;
(b)
Any rebuilding of a legally established dwelling unit destroyed or
damaged by accident, act of God or other catastrophe;
(c)
A condominium conversion where fees have been paid pursuant to this
chapter in connection with the issuance of approvals for the construction
of the building being converted.
(Ord. 9505 § 1, 1978)
The city shall notify all potentially affected school districts of an application for any residential developments proposed for location within their boundaries. Such notice shall not be required if said district has already made the findings listed in Section 21.55.100 or for developments for which a grading permit or building permit are the only required city approvals.
(Ord. 9505 § 1, 1978)
If the governing body of the school district which operates an elementary or high school in the city makes a finding supported by clear and convincing evidence that (a) 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 (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible methods for reducing such conditions exist, the governing body of the school district shall notify the City Council. The notice of findings sent to the city shall specify the mitigation measures considered by the school district. After the receipt of any notice of findings complying with this section, the City Council shall determine whether it concurs in such school district findings. The City Council may schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination. If the City Council concurs in such findings, the provisions of Section 21.55.120 shall be applicable to actions taken on residential development by a decision-making body.
(Ord. 9505 § 1, 1978)
Any notice of findings sent by a school district to the City
Council shall specify:
(c)
The precise geographic boundaries of the overcrowded attendance area
or areas;
(d)
Whether the school district has received an apportionment pursuant
to the Leroy F. Green State School Building Lease Purchase Law of
1976 (Chapter 22, commencing with Section 17700, of Part 10 of the
California Education Code);
(e)
Such other information as may be required by the City Council.
(Ord. 9505 § 1, 1978; Ord. 9533 § 3, 1979)
Within the attendance area where it has been determined pursuant to Section 21.55.100 that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within such area, unless such decision-making body makes one of the following findings:
(a)
That action will be taken pursuant to this chapter to provide dedications
of land and/or fees to mitigate conditions of overcrowding; or
(b)
That there are specific overriding fiscal, 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. An agreement
between the applicant for a residential development and the school
district to mitigate conditions of overcrowding within that attendance
area may be considered by a decision-making body as such an overriding
factor.
(Ord. 9505 § 1, 1978)
For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined pursuant to Section 21.55.100, the city may require, as a condition to the approval of a residential development, the dedication of land, the payment of fees in lieu thereof, or a combination of both, as determined by a decision-making body during the hearings and other proceedings on specific residential development applications falling within its jurisdiction. Prior to imposition of the fees and/or dedications of land, it shall be necessary for a decision-making body acting on the application to make the following findings:
(a)
The city general plan provides for the location of public schools.
(b)
The land or fees, or both, transferred to a school district shall
be used only for the purpose of providing interim elementary, junior
high or high school classroom and related facilities.
(c)
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 needs of the community for interim elementary,
junior high or high school facilities and shall be reasonably related
and limited to the need for schools caused by the development; provided,
however, the fee shall not exceed the amount necessary to pay five
annual lease payments for the interim facilities. In lieu of the fees,
the builder of a residential development may, at the developer's option
and at the developer's expense, provide interim facilities, owned
or controlled by such developer, at the place designated by the school
district, and at the conclusion of the fifth school year the developer
shall, at developer's expense, remove the interim facilities from
such place.
(d)
The facilities to be constructed, purchased, leased, or rented from
such fees, or the land to be dedicated, or both, is consistent with
the city general plan.
(Ord. 9505 § 1, 1978; Ord. 9533 § 4, 1979)
Only the payment of fees shall be required in subdivisions containing fifty lots or less and in residential developments where a building permit or grading permit are the only required city approvals. Sections 21.55.160, 21.55.170, 21.55.180 and 21.55.190 shall not apply to residential developments for which only fees may be required.
(Ord. 9505 § 1, 1978)
The standards for the amount of dedicated land or fees to be required shall be determined by the City Council and set by resolution. The governing board of each school district where a determination has been made pursuant to Section 21.55.100 that conditions of overcrowding exist, shall recommend standards for their attendance areas to the City Council. Such standards and the facts supporting them shall be transmitted to the City Council within sixty days of a request therefor by the City Council or within sixty days following the issuance of the initial permit for the development. Failure to provide such recommendation shall constitute a waiver by the governing body of the school district of the fees. If the City Council concurs in such recommended standards, they shall, until revised, be used by decision-making bodies in situations where dedications of land and/or fees are required as a condition to the approval of a residential development. Nothing in this section shall prevent the City Council from using standards other than those recommended by the school district in the event the City Council is unable to concur in those transmitted by the district.
(Ord. 9505 § 1, 1978; Ord. 9533 § 5, 1979)
(a)
Notwithstanding anything in this chapter to the contrary, after a
school district has received an apportionment pursuant to the Leroy
F. Green State School Building Lease Purchase Law of 1976 (Chapter
22, commencing with Section 17700, of Part 10 of the California Education
Code), the dedication of land or the payment of a fee shall not be
required. Any school district receiving such an apportionment shall
immediately notify the city.
(b)
Notwithstanding the provisions of Section 21.55.150, the fee to be required by this chapter shall not exceed the amount necessary to pay five annual lease payments for the interim facilities. In lieu of such fees, the builder of a residential development shall have the option, at his or her expense, of providing interim facilities, owned or controlled by such builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at his or her expense, remove the interim facilities. In exercising such option the builder shall make arrangements satisfactory to the school district prior to the issuance of building permits within the residential development.
(Ord. 9505 § 1, 1978; Ord. 9533 § 5, 1979)
At the time of filing an application for approval of a residential development located within an attendance area where the findings required by Section 21.55.100 have been made, the applicant shall, as part of such filing, indicate whether he or she prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he or she shall suggest the specific land.
(Ord. 9505 § 1, 1978)
Upon receipt of an application for a residential development within an attendance area where the findings required by Section 21.55.100 have been made, the City Planner shall notify the affected school districts thereof. Said notification shall be made no later than thirty days prior to consideration of the application by a decision-making body.
(Ord. 9505 § 1, 1978; Ord. 1256 § 7, 1982; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011)
(a)
Upon receipt of the notification required by Section 21.55.170, the governing board of the affected school district shall recommend whether a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both, should be required. The school district shall make and transmit their recommendation to the City Planner within twenty days of the notification date. Failure by a district to reply within such twenty-day period shall be deemed to be a recommendation that a fee payment only be required. The City Planner shall submit the recommendation to the appropriate decision-making body for concurrence. If the decision-making body concurs in such recommendations, it may, at the time of its consideration of a residential development application, impose such requirements. In their respective actions regarding this determination, the school district and the decision-making body shall consider the following factors:
(1)
Whether lands offered for dedication will be consistent with the
city general plan;
(2)
Whether the lands offered for dedication meet the criteria established
by Education Code Section 39000, et seq.;
(3)
The topography, soils, soil stability, drainage, access, location
and general utility of land in the development available for dedication;
(4)
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, junior high school, or senior high school facilities
and will be reasonably related and limited to the need for schools
caused by the development;
(5)
If only a subdivision is proposed, whether it will contain fifty
parcels or less.
Nothing herein shall prevent a decision-making body from imposing
requirements other than those recommended by the school district in
the event that a decision-making body is unable to concur in the district's
recommendation hereunder.
(b)
If the school district has entered into an agreement with the applicant for the residential development to mitigate conditions of overcrowding within the attendance area covered by the application, the governing board shall, upon receipt of the notification required by Section 21.55.170, so advise the City Planner and transmit a copy thereof for submission to the appropriate decision-making body for consideration as an overriding factor under Section 21.55.120.
(Ord. 9505 § 1, 1978; Ord. 1256 § 7, 1982; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011)
Following the action by a decision-making body to require the
dedication of land or the payment of fees, or both, the City Planner
shall notify each school district affected thereby. The governing
body of the school district shall then 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 school district cannot meet the schedule, it shall submit
modifications to the City Council and the reasons for the modifications.
(Ord. 9505 § 1, 1978; Ord. 1256 § 7, 1982; Ord. NS-675 § 76, 2003; Ord. CS-164 § 10, 2011)
When land is to be dedicated, it shall be offered for dedication to the affected school district in substantially the same manner as prescribed in Title 20 regarding streets and public easements for subdivisions. Dedicated land which subsequently is determined by the school district to be unsuitable for school purposes may be sold with the approval of the City Council. The funds derived therefrom must be used in accordance with this chapter.
(Ord. 9505 § 1, 1978)
If the payment of a fee is required, such payment or the pro
rata amount thereof shall be made at the time a building permit within
the residential development is approved and issued.
(Ord. 9505 § 1, 1978)
Fees paid under this chapter shall be held in trust by the city.
Such fees, plus accrued interest, less a reasonable service and handling
charge of no more than the accrued interest, shall be transferred
to the school districts operating schools within the attendance area
from which the fees were collected from time to time as the City Council
may determine.
(Ord. 9505 § 1, 1978)
All land or fees, or both, collected pursuant to this chapter
and transferred to a school district, shall be held in trust and shall
be used only by the district for the purpose of providing interim
elementary, junior high or high school classroom and related facilities
in the attendance area from which the land or fees were collected.
(Ord. 9505 § 1, 1978)
If a residential development approval is vacated or voided,
and if the affected school district has not made use of the land and/or
fees collected therefor, and if the applicant so requests, the governing
board of the school district shall order the land and/or fees returned
to the applicant.
(Ord. 9505 § 1, 1978)
If two separate school districts operate schools in an attendance
area where the City Council has concurred 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 distribution of revenues from the fees
levied pursuant to this chapter. In the event the school districts
do not agree, the city shall retain all fees until an agreement is
secured.
(Ord. 9505 § 1, 1978)
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 term begins 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.
(Ord. 9505 § 1, 1978)
When it is determined by the City Council that conditions of
overcrowding no longer exist in an attendance area, decision-making
bodies shall cease levying any fee or requiring the dedication of
any land for that area pursuant to this chapter. Action under this
section shall not affect the validity of conditions already imposed
for levy of fees and dedications of land and such conditions shall
remain binding.
(Ord. 9505 § 1, 1978)
This chapter shall become operative on October 5, 1978.
(Ord. 9505 § 1, 1978)
Residential developments for which the only city approvals required
are a grading permit or building permit are exempt from the provisions
of this chapter, provided the application for such grading permit
or building permit has been accepted by the city as complete and was
on file with the city on September 5, 1978.
(Ord. 9505 § 1, 1978)
