This chapter shall be known and may be cited as the "school
facilities dedication and fee ordinance."
The ordinance codified in 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.
This chapter is intended to implement the schools facilities
dedication and fees legislation in the city of Lemon Grove and to
provide authority whereby the city, the Lemon Grove School District,
and applicants for land development approvals may undertake such reasonable
steps as are necessary to provide interim classroom facilities as
defined herein to alleviate school overcrowding.
This chapter shall become operative thirty days after the effective
date of the ordinance codified in this chapter.
"Dwelling"
means a building, or portion thereof, designed for or occupied
exclusively for residential purposes, but not including hotels, motels,
boarding or lodging houses.
"Dwelling unit"
means one or more rooms, designed, occupied or intended as
separate living quarters, with private sanitary and kitchen facilities,
for the exclusive use of one household.
"Household"
means one or more individuals living together in a single
dwelling unit, with common access to and common use of all living
and kitchen areas and facilities within the dwelling unit.
"Interim classroom facilities"
means the following as defined in
Government Code Section
65980:
1.
Temporary classrooms not constructed with 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;
2.
Temporary classroom toilet facilities not constructed with permanent
foundations;
3.
Reasonable site preparation and installation of temporary 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 one or more residential dwelling units.
A residential development shall be exempt from the requirements
of this section when it consists of any of the following:
A. Any
modification or remodel of an existing legally established dwelling
unit where no additional dwelling units are created;
B. A condominium
project converting an existing apartment building into a condominium
where no new dwelling units are created;
C. Any
rebuilding of a legally established dwelling unit destroyed or damaged
by fire, flood, 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;
E. Development
comprised of one or more dwelling units from which children are specifically
and permanently excluded by lawful means.
F. A development
comprised of one or more dwelling units from which children are currently
excluded by lawful means and which is bound by a covenant, running
with the land, requiring the payment of school facility fees in effect
at the time of conversion of the development to any use which permits
residential occupancy by children.
The city of Lemon Grove general plan provides for the location
of public schools. Interim school facilities to be constructed from
fees paid or land required to be dedicated by this chapter, or both,
shall be consistent with the city's general plan.
No decision-making body shall approve an application for a residential
development unless it 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 the conditions of overcrowding within
the Lemon Grove School District, or
B. That
the city council has found that there are specific overriding fiscal,
economic, social, or environmental factors which in its judgment would
benefit the city, thereby justifying the approval of a residential
development otherwise subject to the provisions of this chapter.
At the time of filing an application for approval of a residential
development of fifty parcels or more, the applicant may indicate whether
he or she would prefer to dedicate land for school facilities in a
manner consistent with the city's general plan or whether he or she
would prefer to pay a fee in lieu thereof, or directly provide interim
facilities, or do a combination of these. If the applicant prefers
to dedicate land, he or she shall suggest the specific property.
Upon receipt of an application for a residential development,
the community development director shall notify the Lemon Grove School
District. With the exception of applications for building permits,
such notification shall be made no later than twenty days prior to
consideration of the application by the decision-making body.
Upon receipt of notification required by Section
18.37.100, the governing board of the Lemon Grove School District shall determine whether to request a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. The school district shall then transmit the determination to the community development director for submission to the appropriate decision-making body for concurrence. If the decision-making body concurs in such determination, it may, at the time of its consideration of a residential development application, impose such requirements.
A. For
developments containing more than fifty parcels, the decision-making
body shall determine whether to require dedication of land or payment
of fees or a combination of both to mitigate conditions of school
overcrowding, and in making such determination, shall consider the
following factors:
1. The
recommendation of the governing board of the Lemon Grove School District;
2. Whether
any lands offered for dedication will be consistent with the general
plan;
3. Whether
the lands offered for dedication meet the criteria established in
Education Code Section 39000, et seq.;
4. The
topography, soils, soil stability, drainage access, location and general
utility of land in the development available for dedication.
B. For
developments containing fifty parcels or less, only payment of fees
shall be required.
C. In
lieu of required fees, the builder of a residential development may,
at his or her option, and at his or her expense, provide interim facilities,
owned or controlled by the builder, at the place designated by the
school district, and at the conclusion of the fifth school year, the
builder shall, at the builder's expense, remove the interim facilities
from that place.
D. If
the decision-making body is unable to concur in the school district's
determination, it may impose requirements other than those transmitted
by the district.
Following the action by a decision-making body to require the
dedication of land or the payment of fees, or both, the community
development director shall notify the Lemon Grove School District.
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
modification.
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 16 of the Lemon Grove Municipal Code (city subdivision
ordinance) for streets and public easements. Dedicated land which
subsequently is determined by the school district to be unsuitable
for school purposes may be sold at the option of the school district.
The funds derived therefrom must be used in accordance with this division.
The amount of land to be dedicated or in-lieu fee to be paid
shall be based upon a schedule as adopted by resolution of the city
council.
If the payment of a fee is required, such payment or the pro
rata amount thereof shall be made to the community development director
at the time a building permit within the residential development is
approved and issued.
Fees paid under this division 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
within thirty days of payment to the Lemon Grove School District.
If a residential development approval is vacated or voided,
and if the city or the affected school district still retains the
land and/or fees collected therefor, and if the applicant so requests,
the city council or the governing board of the school district shall
order the land or fees returned to the applicant.
All land or fees, or both, collected pursuant to this division
and transferred to the school district shall be used only by the district
for the purpose of providing interim elementary or junior high school
classroom and related facilities.
The Lemon Grove 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. In addition, the report shall
specify which attendance areas will continue to be over-crowded when
the fall term begins and where conditions of overcrowding will no
longer exist. Such report shall be filed by October 15th of each year
and shall be filed more frequently at the request of the city council.
When it is determined by the city council that conditions of
overcrowding no longer exist in attendance areas within the Lemon
Grove School District, decision-making bodies shall cease levying
any fee or requiring the dedication of any land 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.