The purpose of this chapter is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.
(Ord. 78-9 N.S. § 103, 1978)
The ordinance codified in this chapter shall be known and may be cited as the "school facilities fee/dedication ordinance."
(Ord. 78-9 N.S. § 101, 1978)
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.
(Ord. 78-9 N.S. § 102, 1978)
For the purposes of this chapter, the following terms shall be defined as follows:
A. "Apartment"
means two or more dwelling units under a single roof and under a single ownership.
B. "Conditions of overcrowding"
means that the total enrollment of an attendance area's school or schools, including enrollment from proposed development, exceeds the capacity of such school or schools within the attendance area, as determined by the governing body of the school district.
C. "Decision-making body"
means the city council or their designee.
D. "Dwelling unit"
means a building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit.
E. "Reasonable methods for mitigating conditions of overcrowding"1. 2. 3. 4. 5.
means and includes, but is not limited to, concepts such as:
Any agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development;
The use of relocatable structures, student transportation, and school boundary realignments;
The use of available bond or state loan revenues to the extent authorized by law;
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; and
Agreements between a subdivider or other developer of residential development 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.
F. "Residential development"
means a project containing residential dwellings, including mobile homes, 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 or final map, a parcel map, conditional use permit, a building permit, or any other discretionary permit for residential use.
(Ord. 78-9 N.S. §§ 201 – 206, 1978)
Pursuant to Government Code Section 65970 et seq., the governing body of a school district may make 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;
B.
All reasonable methods of mitigating conditions of overcrowding have been evaluated; and
(Ord. 78-9 N.S. § 301, 1978)
Any notice of findings sent by a school district to the city shall specify:
B.
Findings of facts and a summary of the evidence upon which the findings in BMC § 3.32.050 were based;
C.
The mitigation measures and methods, including those listed in BMC § 3.32.040(E), 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; and
E.
Such other information as may be required by a council regulation.
(Ord. 78-9 N.S. § 302, 1978)
After receipt of any notice of findings complying with the requirements of BMC § 3.32.060, the council, if it concurs with such school district findings, shall do so by resolution.
(Ord. 78-9 N.S. § 303, 1978)
Within an attendance area where the council has concurred in a school district's notice of finding 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, 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 in the school district to mitigate the conditions of overcrowding within that attendance area; or
B.
That there are specific, overriding physical, 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 without requiring the payment of fees or the dedication of land or other alternate provision required by BMC § 3.32.090 through § 3.32.120.
(Ord. 78-9 N.S. § 304, 1978)
In an attendance area where the council has concurred, as provided in BMC § 3.32.050 through § 3.32.080, that overcrowding exists, the applicant of a proposed residential development, as a condition of approval or the obtaining of a building permit, shall pay fees, make an equivalent arrangement in lieu thereof, dedicate land, or do a combination thereof unless excepted as provided in BMC § 3.32.080(B) as determined by the decision-making body during the hearings and other proceedings on specific residential development applications falling within their respective jurisdictions. Prior to the imposition of the fees, or the dedication of land, or both, it is necessary for the decision-making body acting on the application to make the following determination: that the facilities to be constructed, purchased, leased, or rented from such fees or the land to be dedicated, or both, are consistent with the general plan.
(Ord. 78-9 N.S. § 401, 1978)
Only the payment of fees shall be required in subdivisions containing 50 parcels or less, or other developments containing 50 units or less.
(Ord. 78-9 N.S. § 402, 1978)
Any requirement imposed pursuant to this chapter shall bear reasonable relationship and will 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 the schools caused by the development.
(Ord. 78-9 N.S. § 403, 1978)
A.
When fees are required to be paid in lieu of land dedication or as a combination of both, said fees shall be paid as follows:
1.
Two hundred dollars per unit for one-bedroom apartments and $600.00 for two bedrooms and $1,000 per unit for apartments of three or more bedrooms;
2.
One thousand five hundred dollars for each dwelling unit, space or lot in a mobile home park other than an apartment;
3.
Five hundred dollars for each bedroom subsequently added to a dwelling unit or apartment to a maximum of $1,500;
4.
In addition to the fees set forth above, there shall be added thereto a sum equal to that part of said fee which is in direct proportion to the increase in the cost of living index over the said index as established for June, 1978. Said increase shall be determined on July 1st of each year and applied throughout the next 12-month period.
B.
The total land area required by this chapter to be dedicated shall be at least equal in monetary value to the fees which would be otherwise required by subsection (A) of this section. The director of public works shall determine and establish the monetary value of land area for the purpose of this chapter.
(Ord. 78-9 N.S. § 404, 1978)
If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued. Fees shall be paid directly to the school district who shall notify the city. No building permits shall be issued until proof of payment is made.
(Ord. 78-9 N.S. § 501, 1978)
When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the city subdivision ordinance. Land shall be deeded directly to the school district or districts under procedures adopted by the city.
(Ord. 78-9 N.S. § 502, 1978)
A.
If a final subdivision map, a parcel map, or conditional use permit is vacated or voided, and the district still retains the land, and if the applicant so requests, the council or board of trustees shall order such land returned.
B.
If a residential development approval is vacated or voided, and if the school district still retains the fees collected therefor, and if the applicant so requests, the council shall order the fees returned to the applicant.
(Ord. 78-9 N.S. § 503, 1978)
Following concurrence by the council pursuant to BMC § 3.32.070, the development services director 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 fees or land, 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 city council and the reasons for the modifications.
(Ord. 78-9 N.S. § 504, 1978; Ord. 25-09 § 4)
All fees or land, or both, collected pursuant to this chapter and transferred to a school district shall be used only by the district for the purpose of providing interim elementary or high school classroom and related facilities.
(Ord. 78-9 N.S. § 601, 1978)
If two separate school districts operate schools in an attendance area where the council concurs that overcrowding conditions exist for both school districts, the council will enter into an agreement with the governing body of each school district for the purpose of determining the division of revenues from the fees levied pursuant to this chapter.
(Ord. 78-9 N.S. § 602, 1978)
Any school district receiving funds or land pursuant to this chapter shall maintain a separate account for any fees paid and disposition of land received, and shall file a report with the council on the balance and 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 council.
(Ord. 78-9 N.S. § 603, 1978)
When it is determined by the city council that conditions of overcrowding no longer exist in an attendance area, the city council shall cease imposition of any requirements under this chapter.
(Ord. 78-9 N.S. § 604, 1978)
The city council may, from time to time, by resolution, issue regulations to provide for the administration and implementation of this chapter.
(Ord. 78-9 N.S. § 104, 1978)
The city general plan provides for the location of public schools. Where facilities are to be constructed from fees or land required to be dedicated hereunder or both, they shall be consistent with the general plan.
(Ord. 78-9 N.S. § 105, 1978)