Chapter 15.40
SCHOOL FACILITIES DEDICATION
Sections:
15.40.070 Notification of conditions of overcrowding.
15.40.080 Findings – Requirements.
15.40.090 Designation of overcrowded school.
15.40.100 Overcrowding in two or more school districts.
15.40.130 Actions affecting residential developments.
15.40.140 Application by developer.
15.40.150 Dedication of land – Determination.
15.40.160 Land and fees – Use limitations.
15.40.170 Land and fees – Amount.
15.40.180 Land and fees – Generally.
15.40.210 Determination of capacities.
15.40.010 Title and purpose.
This chapter shall be known as the “school facilities dedication ordinance.” The purpose of this chapter is to provide a method for financing school facilities necessitated by new residential developments causing conditions of overcrowding. (Ord. 259 § 1A, 1986)
15.40.020 Authority.
This chapter is enacted pursuant to the authority conferred upon the city by Section 7 of Article XI of the California Constitution. (Ord. 259 § 1B, 1986)
15.40.030 Definitions.
Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:
A. “Bedroom” means any room with a closet and minimum Uniform Building Code requirements for egress windows and doorways.
B. “Conditions of overcrowding” 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.
C. “Developer” means and includes every person, firm, corporation or other business entity constructing or installing a new dwelling unit or mobile home space, either directly or through the services of any employee, agent or independent contractor.
D. “Dwelling unit” means and includes each single-family dwelling and each unit of a multiple unit dwelling structure designed as a separate habitation for one or more occupants, including a new factory-built housing installed in accordance with Section 19960 et seq. of the Health and Safety Code of the state, but excluding a second unit dwelling.
E. “Mobile home space” means or include each space in a mobile home or recreational vehicle park, designed to be used for parking a mobile home on a temporary, semi-permanent or permanent basis.
F. “Reasonable methods for mitigating conditions of overcrowding” mean and include, but are not limited to:
1. Any agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development;
2. The use of relocatable structures, student transportation, and school boundary realignments;
3. The use of available bond or state loan revenues to the extent authorized by law;
4. 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;
5. Agreements between a subdivider or other developer of residential developments 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.
G. “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 new residential use. (Ord. 259 § 2, 1986)
15.40.040 General plan.
The city's general plan provides for the location of public schools. School facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the general plan. (Ord. 259 § 1C, 1986)
15.40.050 Regulations.
The council may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this chapter. (Ord. 259 § 1D, 1986)
15.40.060 Exemptions.
Residential developments shall be exempt from the requirements of this chapter when they consist of the following:
A. Any modification or remodeling of an existing legally established dwelling unit that does not create an additional dwelling unit;
B. The proposed development is located within a redevelopment area designated by a redevelopment agency pursuant to the Community Development Law, Health and Safety Code, Section 33000; or
C. A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;
D. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;
E. Any rebuilding of an historical building recognized, acknowledged and designated as such by the planning agency. (Ord. 259 § 3E, 1986)
15.40.070 Notification of conditions of overcrowding.
The governing body of a school district which operates, in whole or in part, within the city may at any time notify the city council that: (1) conditions of overcrowding exist in one or more attendance areas within the district, which will impair the normal functioning of education programs including the reasons that such conditions exist; (2) all reasonable methods of mitigating conditions of overcrowding have been evaluated; (3) no feasible methods for reducing such conditions exist. Such notification shall remain in effect until withdrawn in writing by the governing body of a school district. (Ord. 259 § 3A, 1986)
15.40.080 Findings – Requirements.
The notice shall be in writing and shall set forth the clear and convincing evidence upon which such finding is based. It shall specify:
A. The findings listed in EMC 15.40.070;
B. The findings of fact and a summary of the evidence upon which the findings in EMC 15.40.070 were based;
C. The mitigation measures and methods, including those listed in EMC 15.40.030(F), 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;
E. Such other information as may be required by council regulation. (Ord. 259 § 3B, 1986)
15.40.090 Designation of overcrowded school.
Upon receipt of a notice as described in EMC 15.40.070, the city council shall schedule and conduct a public hearing on the notification for the purpose of allowing interested parties to comment on the matter. Following such hearing, the city council shall determine whether it concurs in such findings. If the city council concurs, it shall by resolution designate the school as an overcrowded school. (Ord. 259 § 3C, 1986)
15.40.100 Overcrowding in two or more school districts.
Where two separate school districts operate in an attendance area where overcrowding conditions exist for both school districts, the governing body of the city shall 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. (Ord. 259 § 3K, 1986)
15.40.110 Separate schedules.
The council may establish separate fee schedules for each school district. (Ord. 259 § 4C, 1986)
15.40.120 District schedule.
Following the decision of the city 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 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. 259 § 3F, 1986)
15.40.130 Actions affecting residential developments.
Within the attendance area where it has been determined pursuant to EMC 15.40.080 and 15.40.090 that conditions of overcrowding exist, the city's planning agency, including the building department, shall not approve a residential development as defined in EMC 15.40.030(G), unless the planning agency 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 to mitigate the conditions of overcrowding within that attendance area; or
B. There exists specific overriding fiscal, economic, social or environmental factors which, in the judgment of the city planning agency, would benefit the community as a whole, 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 alternative provisions of this chapter. (Ord. 259 § 3D, 1986)
15.40.140 Application by developer.
At the time of filing an application for the approval of a building permit for a new dwelling unit or a new mobile home space located in an attendance area where the council has concurred as provided in this chapter, the applicant shall, as part of such filing, indicate whether he prefers to dedicate land for school facilities or to pay a fee in lieu thereof or do a combination of these. If the applicant prefers to dedicate land, he shall describe the specific land. (Ord. 259 § 3G, 1986)
15.40.150 Dedication of land – Determination.
At the time of building permit or mobile home space approval, the planning agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the agency shall consider the following factors:
A. Whether land offered for dedication will be consistent with the general plan;
B. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;
C. Whether the location and amount of land 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 and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development;
D. Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;
E. If only a subdivision is proposed, whether it will contain 50 parcels or less. (Ord. 259 § 3H; 1986)
15.40.160 Land and fees – Use limitations.
All land or fees, or both, collected pursuant to this chapter transferred to a school district shall be used for the purpose of providing elementary or high school classrooms or related facilities. (Ord. 259 § 5A, 1986)
15.40.170 Land and fees – Amount.
The council shall by resolution establish the amount of fees to be paid when required pursuant to the terms of this chapter. The rate for mobile homes shall be established by dwelling unit. The rate for all other dwelling units shall be established on a per bedroom basis. For the purpose of this chapter, the rate shall not be applied to more than three bedrooms per dwelling unit. The total land area required to be dedicated pursuant to this chapter shall be at least equal in monetary value to the fees which would be otherwise required. The planning agency shall determine and establish the monetary value of land area for the purposes of this section. (Ord. 259 § 4B, 1986)
15.40.180 Land and fees – Generally.
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 need for school facilities caused by development. The location of land to be dedicated shall be consistent with the city's general plan. (Ord. 259 § 4A, 1986)
15.40.190 Land dedication.
When the dedication of land is required, the developer shall make a written offer of dedication to the affected school district, which shall then have 30 days in which to formally accept or reject the offer. If the school district rejects the offer of dedication, it shall notify the city council in writing of its reasons for so doing. The city council shall then determine whether to access fees in lieu of dedication or require the dedication of other land within the proposed development. If the school district takes no action within 30 days of receiving the written offer, such offer shall be deemed to have been rejected. (Ord. 259 § 3I, 1986)
15.40.200 Fee payment.
If the payment of fees is required, such payment shall be made at the time the building permit is issued. Only the payment of fees may be required in subdivisions or developments containing 50 parcels or less. (Ord. 259 § 3J, 1986)
15.40.210 Determination of capacities.
The governing body of each school district shall, no later than May 1st of each year, determine the capacity of each school in the district and project the enrollment expected in each school for the next succeeding school year. This information shall be kept on file at the district offices and shall be made available to the public pursuant to the Public Records Act. The determination of capacity shall set forth the formulas or other methods employed by the governing body in making its determination. (Ord. 259 § 5D, 1986)
15.40.220 Accounting.
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; the facilities leased, purchased or constructed; and the dedication of land 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 October 15th of each year and shall be filed more frequently at the request of the city council. 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. 259 § 5B, 1986)
15.40.230 Termination.
If overcrowded conditions no longer exist, the city shall cease levying any fee or requiring the dedication of any land pursuant to this chapter. (Ord. 259 § 5C, 1986)