It is the intent of the city council, in enacting this chapter, to provide permanent school facilities, through the payment of fees, as may be required by the school district, pursuant to the general police powers given to the city by the California Constitution, Article IX, Section 7. It is the purpose of the council to provide procedures and authority whereby the city, the affected school district, and applicants for land use approvals, may undertake reasonable steps to mitigate the inadequacy of school facilities within the city. Furthermore, it is the intent of the council, in enacting this chapter, to establish requirements which must be met before the council will find that the community facilities element of the general plan has been satisfied.
(Prior code § 7-34; Ord. 2847 § 4, 1975; Ord. 2898 § 1, 1975; Ord. 3647 § 13, 1983; Ord. 3929 § 1, 1986)
The general plan of the city provides that the city may set conditions for approval of development and land use. Where approval of any land use will cause increased enrollment beyond a school's design capacity, the city may assist the school districts in the collecting of fees to accommodate enrollment growth as a result of new development proposal. The general plan map indicates the locations of existing and proposed elementary, junior high and high schools. Those school facilities to be constructed from fees paid shall be consistent with the general plan of the city where the facilities are constructed within the city.
(Ord. 3929 § 1, 1986)
In the process and review of any application for land use approval, including, but not limited to, zoning variances and conditional use permits, which increase residential density, tentative subdivision maps and tentative parcel maps, each application shall include a written certification from each school district having jurisdiction in the area covered by the proposed development, stating whether or not that district will be able to provide adequate facilities to the development concurrently with need. If a school district determines that it will not be able to provide such facilities, it shall include an explanation of its reasons for that determination, and a description of measures either undertaken or planned which are deemed necessary in order to provide adequate school facilities.
Any such application shall not be deemed complete without the required written certification.
(Ord. 3929 § 1, 1986)
A. 
If a school district has determined that it will not be able to provide adequate school facilities concurrently with need, the city council shall not approve an application until the developer submits a subsequent, written certification from the school district satisfactory to the city council that adequate school facilities, as defined by the school district governing board, will be provided concurrently with need.
B. 
Notwithstanding subsection A of this section, the city council may approve an application despite a determination by a school district that it will be unable to provide adequate school facilities concurrently with need, if:
1. 
It finds that there are specific overriding fiscal, economic, social or environmental factors which, in the judgment of the city council, would benefit the city; or
2. 
The application is for a condominium project converting an existing apartment building into a condominium where no new dwelling units are created.
(Ord. 3929 § 1, 1986)
A. 
The school district may require, as a condition to the issuance of certification as provided in Sections 15.12.050 and 15.12.060 of this chapter, that the developer enter into an agreement with the school district requiring the developer to pay a fee to assure that school facilities will be provided concurrently with need.
B. 
The amounts of the fees required pursuant to this chapter shall be requested by the school district, but city council shall make the final decision as to the amount. Such amount shall be subject to review by the city council at least once each year for each ensuing year.
C. 
Any land use approval for which fees have been required shall include the amount of such fees, a specific finding that such amount is reasonable, and a specific statement of planned mitigation measures to address the inadequacy of school facilities.
D. 
The amount of fees to be paid shall bear a reasonable relationship and will be limited to the need of the community for school facilities caused by the development.
E. 
Nothing contained in this chapter shall prevent the city council from independently determining and approving a reasonable amount of fees to be paid. In each case where the city council has approved a general standard for fee amounts, the amount of fees to be required may be modified from that general standard, if approved by resolution of the council upon a showing that the inadequacy of school facilities is either more or less severe than those conditions upon which the general standard has been formulated.
(Ord. 3929 § 1, 1986)
Any school district receiving funds shall maintain a separate account for any fees paid, and shall file a report with the city council stating the balance in the account at the end of each fiscal year and the facilities leased, purchased or constructed during the previous fiscal year. The report shall also specify the areas of the city where inadequate school facilities exist and where they no longer exist. The report shall also include a recommendation as to whether or not fees are needed in order to assure that adequate school facilities are provided in the city. If fees are recommended, the report shall also contain financial information which substantiates the school district's need for fees and specific recommendations as to the amounts of said fees. Such report shall be filed by August 1st of each year, but shall be filed more frequently at the request of the city council.
(Ord. 3929 § 1, 1986)