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Prior legislation: 1960 code §§ 17B.1, 17B.2, 17B.3, 17B.4, 17B.5, 17B.6, 17B.7, 17B.8, 17B.9, 17B.10.
The City Council finds, determines and declares as follows:
A. 
The public interest, welfare and convenience require adoption of a means whereby interim school facilities can be provided where new residential development creates conditions of overcrowding in existing school facilities;
B. 
Pursuant to Chapter 4.7 of Division 1 of Title 7 of the Government Code (Section 65970 et seq.), the City Council is authorized to require dedication of land for interim school facilities, or fees in lieu of such dedication, where it concurs with the governing body of a school district in finding that overcrowding exists in one or more attendance areas within the district;
C. 
This chapter is enacted pursuant to Chapter 4.7 and constitutes the ordinance referred to in Government Code Sections 65972 and 65974. In case any conflicts arise between this article and the provisions of Chapter 4.7, the latter shall prevail.
(Ord. 1396 § 1, 1992; Ord. 2065 § 1(A), 2018)
As used in this chapter:
A. 
"Conditions of overcrowding"
means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school or schools within an attendance area, as determined by the governing body of the district.
B. 
"Reasonable methods for mitigating conditions of overcrowding"
means and includes, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or such buildings owned by the school district will be used.
C. 
"Residential development"
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.
(Ord. 1396 § 1, 1992)
Upon notice that the governing body of a local school district has made the following findings, the City Council shall hold a public hearing and determine by resolution whether it concurs with these findings:
A. 
Conditions of overcrowding exist in one or more geographically defined attendance areas within the district which will impair the normal functioning of educational programs, including the reasons for the existence of such conditions; and
B. 
That all reasonable methods of mitigating such conditions, as specified in the notice, have been evaluated and no feasible mitigation methods exist.
(Ord. 1396 § 1, 1992; Ord. 2065 § 1(A), 2018)
If the City Council concurs with such findings of the school district as provided in LMC § 3.24.030, it shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use or approve a tentative subdivision map for residential purposes, within such area, unless it takes one of the following measures:
A. 
Adopts a resolution pursuant to LMC § 3.24.050; or
B. 
Adopts a resolution which includes findings that there are specific overriding fiscal, economic, social or environmental factors which, in the judgment of the City Council, would benefit the City, thereby justifying the approval of the residential development without the dedication of land or payment of fees.
(Ord. 1396 § 1, 1992; Ord. 2065 § 1(A), 2018)
If the City Council concurs with such findings of the school district as provided in LMC § 3.24.030, it may adopt a resolution requiring any owner of a proposed residential development within the affected area to dedicate land, pay fees in lieu of dedication or use a combination of these methods to provide classroom and related facilities for elementary or high schools, as a condition to approval of the residential development; provided, that:
A. 
The land or fees, or both, transferred to the school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities. If fees are paid in lieu of the dedication of land and those fees are utilized to purchase land, no more land shall be purchased than is necessary for the placement thereon of interim facilities.
B. 
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 be limited to the needs of the community for interim elementary or high school facilities and shall be reasonably related and limited to the need for schools caused by the development. However, the value of the land to be dedicated or the amount of fees to be paid, or both, shall not exceed the amount necessary to pay five annual lease payments for the interim facilities. In lieu of the dedication of land or the payment of fees, or both, 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.
C. 
A finding is made by the City Council that the general plan provides for the location of public schools, and that the facilities to be constructed from the fees or the land to be dedicated, or both, is consistent with the general plan.
D. 
If the payment of fees is required, the payment shall be made at the time the building permit is issued, and shall be held in trust by the City and shall be transferred to the affected school district or districts at least once a year.
E. 
Only the payment of fees will be required in subdivisions containing 50 parcels or less.
F. 
The resolution has been in effect for 30 days prior to the implementation of the dedication or fee requirement.
(Ord. 1396 § 1, 1992; Ord. 2065 § 1(A), 2018)
A. 
The standards for the amount of fees or dedicated land where a resolution has been adopted pursuant to LMC § 3.24.050 shall be established by resolution of the City Council.
B. 
The standards for the amount of fees or dedicated land shall be recommended to the City Council by the governing board of such affected school district. Such standards and facts supporting them shall be transmitted to the City Council. If the City Council concurs with such standards, they shall until revised, be used by decisionmaking bodies in situations where dedications of land, or fees, or both, are required as a condition to the approval of a residential development. Nothing herein shall prevent the City Council from establishing and using standards other than those established by the school district in the event that the Council does not concur in those transmitted by the district.
C. 
Any fees collected or land dedicated pursuant to this article shall be subject to the limitations contained in Government Code Section 65995.
(Ord. 1396 § 1, 1992; Ord. 2065 § 1(A), 2018)
Following the decision by the City 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 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 City Council, and the reasons for the modifications.
(Ord. 1396 § 1, 1992; Ord. 2065 § 1(A), 2018)
Where two separate school districts operate schools in an attendance area where conditions of overcrowding exist for both school districts, the City Council shall enter into an agreement with the governing board of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this chapter.
(Ord. 1396 § 1, 1992; Ord. 2065 § 1(A), 2018)
A. 
Any school district receiving funds pursuant to this article 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 on the facilities leased, purchased or constructed during the previous 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 October 15th of each year, and shall be filed more frequently at the request of the City Council.
B. 
The City Council may approve a 30-day extension for the filing of the report in the case of extenuating circumstances, as determined by the City Council.
C. 
During the time that the report has not been filed in the manner prescribed in this section, there shall be a waiver of any performance of the payment of fees or the dedication of land.
(Ord. 1396 § 1, 1992; Ord. 2065 § 1(A), 2018)
If overcrowding conditions no longer exist, the school district shall immediately notify the City. Upon receipt of such notification, the City Council shall repeal the resolution described in LMC § 3.24.050, and cease levying any fee or requiring the dedication of any land pursuant to this article.
(Ord. 1396 § 1, 1992; Ord. 2065 § 1(A), 2018)
Because fees authorized under state law may be inadequate to completely mitigate the effects of new development on the Livermore Valley Joint Unified School District, the City Council intends, by this article, to require all future residential development within the boundaries of the school district to fully mitigate any impacts on school facilities.
(Ord. 1396 § 1, 1992; Ord. 1508 § 1, 1997; Ord. 2065 § 1(A), 2018)
No development agreement, annexation, zoning ordinance amendment or general plan amendment allowing residential development within the boundaries of the Livermore Valley Joint Unified School District shall be approved unless the applicant enters into an agreement with the school district to fully mitigate the proposed project's impacts on school facilities. The agreement shall be in substantial conformance with a form agreement approved by resolution of both the City Council and the school board.
(Ord. 1396 § 1, 1992; Ord. 1508 § 1, 1997; Ord. 2065 § 1(A), 2018)
No tentative subdivision map, parcel map or site plan for residential development within the boundaries of the Livermore Valley Joint Unified School District, not subject to the provisions of LMC § 3.24.120, shall be approved unless the applicant agrees to participate in a Mello-Roos Community Facilities District, or in lieu of participation in such district, one of the following measures has been taken:
A. 
An agreement has been reached with the school district to acquire and/or construct school facilities through alternative methods.
B. 
Funds have been paid directly to the school district in an amount which will provide full mitigation of the proposed project's impacts on school facilities.
(Ord. 1396 § 1, 1992; Ord. 1508 § 1, 1997)