Chapter 15.12
INTERIM SCHOOL FACILITIES--REGULATION OF CONSTRUCTION OF RESIDENTIAL DWELLINGS IN IMPACTED SCHOOL ATTENDANCE AREAS
Sections:
15.12.040 Findings of the city council.
15.12.060 Findings by school district.
15.12.090 Concurrence by city council--Finding of consistency-- Adoption of fee schedule.
15.12.100 Processing of applications for building permits.
15.12.120 Use of funds or facilities.
15.12.140 Agreement with separate school districts--Distribution of fees.
15.12.150 Limitation of actions.
15.12.160 School districts agree to hold the city harmless.
15.12.170 School districts agree not to challenge city council action.
15.12.010 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Affected school district” means a school district which contains an impacted school.
B. “Attendance area of an impacted school” means the attendance area for an impacted school as defined by the governing board of the district involved.
C. “Certificate of mitigation” means that correspondence satisfactory to the city 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.
D. “City” means and includes the city of Galt, its officials, employees and volunteers.
E. “City council” means the city council of the city of Galt.
F. “Conditions of overcrowding” means the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of the school as determined by the governing body of the district.
G. “Declaration of impaction” means the resolution the governing board of a district submits to the city council.
H. “Developer” means any person, firm, corporation, partnership or association seeking to develop land within the attendance area of an impacted school.
I. “District” means school district.
J. “Dwelling unit” means one or more rooms in a dwelling, apartment house or apartment hotel designed for, or occupied by, one family for living or sleeping purposes and having only one kitchen and separate toilet facilities and also includes a mobilehome.
K. “Governing board” means the governing board of a district which has a school attendance area within the city of Galt.
L. “Impacted school” means the same as “conditions of overcrowding” as defined in this section.
M. “Interim facilities” are limited to any of the following:
1. Temporary classrooms not constructed with permanent foundations 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;
4. Land necessary for the placement thereon of any of the facilities described in subdivisions 1 or 2 of this subsection.
N. “Mitigation” means the same as “reasonable methods for mitigating conditions of overcrowding” as defined in this section.
O. “Proposed development” means the same as “residential development” as defined in this section.
P. “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.
Q. “Reasonable methods of mitigating conditions of overcrowding” includes, but is not limited to, agreements between a developer or builder 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 agreements between the affected school district and other school districts whereby the affected school district agrees to lease or purchase surplus or underutilized school facilities from other school districts.
R. “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.
S. “Schedule of mitigation” shall be a program developed by the governing board of a district which sets forth in detail mitigation measures deemed appropriate by the governing board.
T. “Senior citizens’ housing” means a residential development of seven or more residential dwelling units restricted for a period of not less than forty years to occupancy by elderly or handicapped families.
U. “Elderly or handicapped families” means:
1. Families of two or more persons, the head of which or his or her spouse is sixty-two years of age or over or is handicapped; or
2. The surviving members or member of any family described in subdivision 1 of this subsection living with a deceased member of the family at the time of his or her death; or
3. A single person who is sixty-two years of age or over or a nonelderly handicapped person between eighteen years and sixty-two years of age; or
4. Two or more elderly or handicapped persons living together or one or more such persons living with another person who is determined based upon a licensed physician’s certification to be essential to their care or well-being. (Ord. 86-15 § 1 (part))
15.12.020 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. 86-15 § 1 (part))
15.12.030 Purpose.
The purpose of this chapter is to provide a method for financing interim school facilities on existing elementary and high school campuses in Galt Joint Union School District and Galt Joint Union High School District. (Ord. 86-15 § 1 (part))
15.12.040 Findings of the city council.
The city council finds and declares as follows:
A. Adequate school facilities should be available for children residing in new residential developments;
B. Public and private residential developments may require the expansion of existing public schools or the construction of new public school facilities;
C. 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;
D. That, for the reasons set forth herein, certain school districts may require financing of interim school facilities until such time as conditions of overcrowding no longer exist. (Ord. 86-15 § 1 (part))
15.12.050 Regulations.
The city council may from time to time by resolution issue regulations to provide for the administration and implementation of this chapter. (Ord. 86-15 § 1 (part))
15.12.060 Findings by school district.
A. Pursuant to Government Code Sections 65970 et seq., the governing boards of the Galt Joint Union School District and Galt Joint Union High School District may make and file with the city council written findings supported by substantial evidence that:
1. Conditions of overcrowding exist in said district which will impair the normal functioning of educational programs, including the reasons for such conditions existing; and
2. All reasonable methods for mitigating conditions of overcrowding have been evaluated, and no feasible method for reducing such conditions exists (see Section 15.12.080 (A)).
B. The notice of findings sent to the city pursuant to subsection A of this section shall specify the mitigation measures considered by the school district(s). The notice of findings shall include a completed application to the Office of Local Assistance for preliminary determination of eligibility under 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). The city council shall take no action on the notice of findings sent to the city until the findings have been made available to the public for sixty days after the date of receipt by the city. The city council shall either concur or not concur in the notice of findings within sixty-one days to one hundred fifty days after the date of receipt of the findings. The city council may extend the period to concur or not to concur for one thirty-day period. The failure of the city council to either concur or not concur within the time period prescribed by this section shall not be deemed as an act of concurrence in the notice of findings by the city council. The date of receipt of the notice of findings is the date when all of the materials required by this chapter are completed and filed by the school district with the city council. (Ord. 86-15 § 1 (part))
15.12.070 Application.
Notwithstanding provisions to the contrary in this code, the provisions of this chapter shall apply to:
A. The issuance of building permits for the construction of new dwelling units within the attendance area of an impacted school;
B. The issuance of hookup permits for the installation and hookup of mobilehomes within the attendance area of an impacted school; provided, however, that upon the payment of the impaction fee for any mobilehome site, no additional fee shall thereafter be paid. The district shall maintain adequate records showing the mobilehome sites for which impaction fees have been collected;
C. Granting of discretionary approvals by the city for the purpose of constructing residential units or the placement of mobilehomes for residential purposes. (Ord. 86-15 § 1 (part))
15.12.080 Qualification.
Any public school district for grades kindergarten through twelfth, which has all or part of any of its school attendance areas within the incorporated area of the city, is eligible to file a declaration of impaction resolution and other required documents as provided in this chapter.
A. Declaration of Impaction. A declaration of impaction which is filed shall be in the form of a resolution of the governing board. The resolution shall include findings supported by substantial evidence that conditions of overcrowding 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 overcrowding have been evaluated and no 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 program;
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. Schedule of Mitigation. The district, at the time of filing a declaration of impaction, shall also submit a program of mitigation proposed for each impacted school within the district. The program shall include the facts supporting it and shall specify the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. If the school district is unable to implement the plan within the time set forth therein, it shall file modifications with the city council together with a statement of the reasons for the modification.
C. Form of Mitigation. The mitigation provided by the developer may be in the form of land, or fees, or both. The fees shall not exceed the amount necessary to pay five annual lease payments for interim facilities. In subdivisions containing fifty parcels or less, only the payment of fees may be required. In lieu of a fee, the developer of a residential development may, at the developer’s option and at the developer’s expense, provide interim facilities, owned or controlled by such developer, at a place designated by the school district. At the conclusion of the fifth school year the developer shall, at the developer’s expense, remove such interim facilities from such place. In no event shall the amount of any fee, charge, deduction or other form of requirement required by this chapter for a residential development exceed one dollar and fifty cents per square foot of covered or enclosed space in the residential development.
D. Mitigation Measures. The location and amount of land to be dedicated or the fees to be paid, or both, shall be reasonably related and limited to the need for interim school facilities caused by the developer.
E. Automatic Termination of Mitigation Measures. Any district which receives 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) shall not be permitted thereafter to receive any mitigation fees pursuant to this chapter. This shall not prevent submission of subsequent declarations of impaction in accordance with Section 15.12.080, pursuant to state law.
F. City Council Action. If the city council concurs in the findings of conditions of overcrowding and that reasonable methods of mitigating conditions of overcrowding have been evaluated as set forth by the district(s) in their declaration of impaction, the program of mitigation adopted by the district shall become effective immediately. (Ord. 86-28 § 1; Ord. 86-15 § 1 (part))
15.12.090 Concurrence by city council--Finding of consistency-- Adoption of fee schedule.
If, after receipt of findings complying with the requirements of Section 15.12.080, the city council concurs in such findings, it shall then by resolution determine whether the facilities and land use specified in a plan filed by the school district are consistent with the general plan. If the city council makes such a determination of consistency, it shall by resolution adopt a schedule of fees to be paid by persons carrying out residential developments. (Ord. 86-15 § 1 (part))
15.12.100 Processing of applications for building permits.
No building permit for the construction of a new principal residential building shall be issued, nor shall any hookup permit for any mobilehome be issued in an attendance area of an impacted school unless there has been filed with the building official of the city either a certificate of mitigation or a certificate of waiver of mitigation which relates to the proposed construction or the proposed mobilehome site. (Ord. 86-15 § 1 (part))
15.12.110 Exceptions.
The provisions of this chapter shall not apply to and fees will not be imposed hereunder on:
A. The rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, flood, act of God, or other accident or catastrophe; or
B. Senior citizens’ housing;
C. Cases in which 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 a residential development otherwise subject to Section 15.12.070. (Ord. 86-15 § 1 (part))
15.12.120 Use of funds or facilities.
Any district receiving funds pursuant to this chapter as a result of mitigation 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 report shall include facilities leased, purchased or constructed during the previous fiscal year. In addition, the report shall specify attendance areas which will continue to be overcrowded for succeeding school terms and where conditions of overcrowding no longer exist. Such report shall be filed not later than August 1st of each year or as otherwise provided by regulation. If overcrowding conditions no longer exist in the school district(s), the city shall cease levying fees pursuant to this chapter for residential development in the district. The city council expressly authorizes affected districts, as agents of the city, to collect mitigation fees directly from developers and to account for the same as provided in this section. (Ord. 86-15 § 1 (part))
15.12.130 Processing fee.
Reasonable fees calculated to compensate the city for its costs shall be set by the city council by resolution and charged to the school district for each application or amended application submitted. (Ord. 86-15 § 1 (part))
15.12.140 Agreement with separate school districts--Distribution of fees.
Where two or more separate school districts operate schools in an attendance area where overcrowding conditions exist for each of the school districts, the city council shall enter into agreements with governing boards of the districts to determine the distribution of fees authorized by the schedules of mitigation. (Ord. 86-15 § 1 (part))
15.12.150 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, or any regulation adopted pursuant to 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. 86-15 § 1 (part))
15.12.160 School districts agree to hold the city harmless.
The declaration of impaction shall include the following provision:
A. In the event a legal action is filed challenging the validity of Chapter 15.12 or challenging the imposition of fees by the city in accordance therewith, the school district shall pay for the actual court costs and reasonable attorney fees expended by the city in defending its action. In the event such a legal challenge is successful, then the school district shall pay any attorney fees or court costs awarded to the successful party against the city. All attorney fees and court costs to be paid by the school district pursuant to this provision shall be determined by the court as part of the legal action against the city, or in a separate action brought for that purpose. (Ord. 86-15 § 1 (part))
15.12.170 School districts agree not to challenge city council action.
A. The declaration of impaction shall include the following provisions:
1. The school districts shall not challenge the validity or action on the part of the city in exercising Section 15.12.110(C).
2. It is understood by the school districts that in certain cases specific overriding fiscal, economic, social or environmental factors, which in the judgment of the city council would benefit the city, may thereby justify the approval of a residential development otherwise subject to Section 15.12.070 and Section 15.12.100 without compliance with this chapter, pursuant to Government Code Section 65972.
B. This section shall not preclude the school districts from making comments or submitting information to the city prior to any final determination by the city under Section 15.12.110(C). (Ord. 86-15 § 1 (part))