Chapter 14.30
RESIDENTIAL UNITS IN IMPACTED SCHOOL AREAS
Sections:
14.30.040 Application of chapter.
14.30.070 Schedule of use of fees.
14.30.080 Accounting for fees.
14.30.090 Declaration of continued impaction.
14.30.100 General plan consistency.
14.30.120 Notice of intention to offer subdivided lands.
14.30.130 Limitation of actions.
14.30.010 Authority.
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. 497 § 1 (part), 1983)
14.30.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
1. “Affected school district” means a school district which contains an impacted school.
2. “Attendance area of an impacted school” means the attendance area for an impacted school as defined by the governing board of the district involved.
3. “City council” means the city council of the city of Folsom.
4. “Certificate of mitigation” means a written notification from an affected school district indicating that a binding agreement or other form of mitigation has been agreed to by the district and a developer.
5. “Conditions of overcrowding” means the same as “impacted school” as defined in this chapter.
6. “Declaration of continued impaction” means the resolution the governing board of a school district submits to the city council that a condition of overcrowding continues to exist in designated attendance areas within such district.
7. “Developer” means the person, firm, corporation, partnership or association seeking to develop land within the attendance area of an impacted school.
8. “Director” means the planning director of the city.
9. “District” means school district.
10. “Dwelling unit” means one or more rooms in a dwelling, apartment house or apartment hotel designed for or occupied by one for living or sleeping purposes and having only one kitchen and separate toilet facilities. Dwelling unit also includes a mobilehome, either on a permanent foundation or within a mobilehome park.
11. “Governing board” means the district governing board which has a school attendance area within the city.
12. “Impacted school” means an existing or proposed school whose total enrollment, including enrollment from proposed development, exceeds its rated capacity.
13. “Interim facilities” shall be limited to the following:
a. Temporary classrooms not constructed with permanent foundations and defined as structures 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;
b. Temporary classroom toilet facilities not constructed with permanent foundations;
c. Reasonable site preparation and installation of temporary classrooms.
14. “Mitigation” means that relief or abatement negotiated between and agreed to by the affected school district and the developer.
15. “Mobile home park” means an area or tract of land where mobile home sites are rented, leased or sold or held out for rent, lease or sale to accommodate mobilehomes used for human habitation on a permanent basis. “Mobilehome site” is a portion of a mobilehome park designated or used for the occupancy of one mobilehome.
16. “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.
17. “Rated capacity” means that capacity determined by the governing board of a school district to be the maximum acceptable enrollment in a school facility based on the governing board’s policies and programs.
18. “Reasonable methods for mitigating conditions of overcrowding” include, but are not limited to, agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used and the dedication of land.
19. “Schedule of mitigation” means a program developed by the governing board of a district which sets forth in detail mitigation measures deemed appropriate by the governing board. (Ord. 497 § 1 (part), 1983)
14.30.030 Findings.
The city council finds and declares as follows:
1. Adequate school facilities should be available for children residing in new residential developments.
2. Public and private residential developments may require the expansion of existing public schools or the construction of new public school facilities.
3. In certain areas of the city, funds are not available for school districts to construct new classroom facilities when new development occurs, resulting in conditions of overcrowding in certain school attendance areas.
4. New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated in a reasonable period of time without mitigation programs as provided in this chapter.
5. The San Juan Unified School District has made a finding supported by clear and convincing evidence that conditions of overcrowding exist within the attendance areas of the following schools within the city which will impair the normal functioning of educational programs and that no feasible method of reducing the condition exists: Orangevale Elementary School and Pasteur Intermediate School.
6. The Folsom Cordova Unified School District has made a finding supported by clear and convincing evidence that conditions of overcrowding exist within the attendance areas of the following schools within the city which will impair the normal functioning of educational programs and that no feasible method of reducing such condition exists: Theodore Judah Elementary School, Blanche Sprentz Elementary School and Folsom Junior High School.
7. The city council concurs in the finding of San Juan Unified School District and Folsom Cordova Unified School District and determines that the provisions of this chapter are necessary to finance interim school facilities within the attendance areas until such time as conditions of overcrowding no longer exist. (Ord. 497 § 1 (part), 1983)
14.30.040 Application of chapter.
Except as provided in Section 14.30.050, neither a building permit for the construction of a dwelling unit nor a hookup permit for installation and hookup of a mobile home shall be issued within the attendance area of an impacted school until the fees provided for in Section 14.30.060 have been paid or the affected school district has notified the city that the district and the developer have agreed upon “reasonable methods for mitigating conditions of overcrowding.” (Ord. 497 § 1 (part), 1983)
14.30.050 Exemptions.
The provisions of this chapter shall not apply in the following instances:
A. To the issuance of hookup permits for mobile home sites which have previously paid a school impact fee. The city shall maintain records showing the mobile home sites from which fees have been collected;
B. To a residential development for which a certificate of mitigation has been issued. (Ord. 584 § 1, 1986: Ord. 497 § 1 (part), 1983)
14.30.060 School impact fees.
School impact fees shall be established from time to time by resolution of the city council and shall be reviewed annually in connection with the declaration of continued impaction pursuant to Section 14.30.090.
The fees shall be paid directly to the affected school district prior to the issuance of a building or hookup permit. The district shall furnish to the developer a written receipt setting forth the lots or parcels upon which fees have been paid and the attendance area within which such lots are situated. (Ord. 497 § 1 (part), 1983)
14.30.070 Schedule of use of fees.
Prior to the disbursement of any fees, each affected school district shall submit to the city a schedule specifying the following:
1. Identification of the existing or proposed school sites upon which interim facilities are to be placed;
2. A description of the interim facilities to be placed thereon;
3. The times when such facilities will be available.
The affected school district may from time to time modify the schedule by submitting a modified schedule, containing the reasons for such modification. (Ord. 497 § 1 (part), 1983)
14.30.080 Accounting for fees.
Each affected district receiving funds pursuant to this chapter shall maintain a separate account for the fees received and shall file an annual report with the city council of the city, setting forth the amount of funds expended for interim facilities and the balance in the account. The report shall be filed on or before October 15th of each year covering the transactions in the account through June 30th of the year. (Ord. 497 § 1 (part), 1983)
14.30.090 Declaration of continued impaction.
A. On or before June 10th of each year, commencing June 10, 1984, each affected district shall file a declaration of continued impaction with the city, which shall be in the form of a resolution of its governing board. The resolution shall include findings supported by clear and convincing evidence that conditions of overcrowding continue to exist in one or more attendance areas within the district which impairs the normal function of educational programs, including the reasons such conditions exist. The findings shall further provide that all reasonable methods of reducing the conditions of over-crowding have been evaluated and feasible method of reducing such conditions exist. Feasible methods to reduce conditions of overcrowding shall include:
1. Temporary buildings;
2. Busing;
3. Double sessions;
4. Extended day programs;
5. Year-round school attendance;
6. Open enrollment;
7. School boundary realignments;
8. Elimination of low-priority uses;
9. Holding an election to increase the tax rate.
B. The district, at the time of filing a declaration of continued impaction, shall also submit a program of mitigation proposed for each impacted school whose attendance area lies within the city, which includes a recommendation for fees to be charged to provide interim facilities for the ensuing year.
C. If the city council concurs in the findings that conditions of overcrowding continue to exist and that reasonable methods of mitigating conditions of overcrowding have been undertaken, the provisions of this chapter shall remain in effect, or shall continue as modified by the city. If the city council finds that overcrowding conditions no longer exist within any attendance area or that feasible methods of reducing overcrowding within an attendance area have not been employed, the city shall cease to collect school impact fees within such attendance area. (Ord. 497 § 1 (part), 1983)
14.30.100 General plan consistency.
Interim school facilities constructed from school impact fees and/or land dedicated pursuant to a certificate of mitigation shall be consistent with the city general plan and the elements thereof. (Ord. 497 § 1 (part), 1983)
14.30.110 Termination.
Unless there is a finding as authorized by Government Code Section 65979, the city shall cease to impose school impact fees for any affected district one year after receipt by such district of an apportionment pursuant to the Leroy F. Greene State School Building Lease Purchase Law of 1976 (Chapter 22—commencing with Section 17700 of Part 10 of the Education Code)
Any fees collected or land dedicated after the receipt of the construction apportionment and not used to avoid overcrowding shall be returned to the person who paid the fee or made the land dedication. (Ord. 497 § 1 (part), 1983)
14.30.120 Notice of intention to offer subdivided lands.
Each developer of land within an attendance area where it has been determined that overcrowding exists shall include in any notice of intention filed pursuant to Business and Professional Code Section 11010 a statement to that effect. (Ord. 497 § 1 (part), 1983)
14.30.130 Limitation of actions.
Notwithstanding any provisions to the contrary in this code, any court action or proceeding to attack, set aside, void, or annul any decision, act or determination by the city council concerning any matter provided for in this chapter shall not be maintained unless such action, or proceeding is commenced within thirty days after the date such determination or decision becomes final. (Ord. 497 § 1 (part), 1983)
14.30.140 Sunset provision.
The provisions of this chapter shall expire and shall not be effective after June 30, 1989. (Ord. 580 § 1, 1986: Ord. 497 § 1 (part), 1983)