Chapter 3.40
SCHOOL DEDICATION FEES
Sections:
3.40.070 Overcrowding determination.
3.40.080 Notice of findings requirements.
3.40.090 Restriction on approval of residential development.
3.40.100 Fees – Required when.
3.40.110 Fees – Schedule establishment.
3.40.130 School district schedule.
3.40.160 Fees – Use designated.
3.40.180 Termination of dedication requirements.
3.40.010 Statutory authority.
This chapter is adopted pursuant to the provisions of Cal. Gov’t Code Title 7, Division 1, Chapter 4.7 (commencing with Section 65970). (Ord. 365 § 1, 1979)
3.40.020 Purpose.
This chapter is intended to establish a school dedication fee schedule which is applicable in the incorporated portion of the City and to provide authority whereby applicants for residential building permits and/or residential development permits are required to pay fees to be used for the construction of permanent and interim school facilities as are necessary to alleviate the overcrowding of school facilities in those areas identified to be overcrowded pursuant to the provisions of law. (Ord. 365 § 3, 1979)
3.40.030 Administration.
The City Council may from time to time, by resolution, issue regulations to provide for the administration of this chapter. (Ord. 365 § 3, 1979)
3.40.040 Findings.
The City Council finds and declares as follows:
(A) Adequate school facilities should be available for children residing in the City.
(B) Public and private residential developments, both existing and planned, may require the expansion of existing public schools or the construction of new school facilities.
(C) In many areas of the City, the funds for the construction of new classroom facilities are not available when the new development occurs, resulting in the overcrowding of existing schools.
(D) New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time.
(E) That, for the above reasons, new and improved methods of financing for interim school facilities necessitated by new development are needed in the City. (Ord. 365 § 4, 1979)
3.40.050 General Plan.
The City General Plan provides for the location of public schools. Interim school facilities to be constructed from fees paid pursuant to this chapter shall be consistent with the City General Plan. (Ord. 365 § 5, 1979)
3.40.060 Definitions.
(A) “Conditions of overcrowding” means that the total enrollment of a school, including enrollment from proposed and existing development, exceeds the capacity of such school as determined by the governing body of the school district.
(B) “Duplex dwelling unit” means a building containing not more than two kitchens and designed and/or used to house not more than two families living independently of each other, including all the necessary employees of each such family.
(C) “Dwelling unit” means a building or portion thereof, designed or used exclusively for residential occupancy, including one-family, two-family and three-family dwellings, apartments, multiple-family dwellings and mobile homes as defined in Cal. Health and Safety Code Division 13, § 18211, but not including hotels, motels, or boarding houses and rooming houses.
(D) “Multiple dwelling unit” means a building, or portion thereof, used and designed as a residence for three or more families living independently of each other and doing their own cooking in such building, including apartment houses, apartment hotels, and flats, but not including motels, boarding houses, and hotels.
(E) “Reasonable methods for mitigating conditions of overcrowding” include, but are not limited to, the following:
(1) 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 temporary use buildings owned by the school district will be used;
(2) The use of relocatable structures, student transportation, classroom double sessions, year-round school programs, school boundary realignment, unification, and elimination of low priority school facility uses;
(3) The use of available annual tax rate and bond 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 any other source.
(F) “Residential building permit” means an official document or certificate issued by the City Building Inspector authorizing the construction and occupancy of a residential structure or dwelling unit.
(G) “Residential development” means a project containing residential dwellings, including mobile homes, or one or more units of a subdivision of land for the purpose of constructing one or more residential dwelling units. “Residential development” includes, but is not limited to, a preliminary or final development plan, a tentative subdivision map, tentative parcel map, preliminary map, waiver, or use permit for residential purposes. “Residential development” also includes an ordinance rezoning property to residential use or to a more intense residential use. (Ord. 365 § 6, 1979)
3.40.070 Overcrowding determination.
If the governing body of a school district which has jurisdiction within the City makes a finding supported by clear and convincing evidence that:
(A) Conditions of overcrowding exist 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 conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists, the governing body of the school district shall notify the City. The notice of findings sent to the City shall specify the mitigation measures considered by the school district.
After the receipt of a notice of findings complying with this section, the City Council shall determine whether it concurs in such school district findings. The City Council shall conduct a public hearing prior to its action on the school district findings. If the City concurs in such findings, the provisions of MSMC 3.40.080 shall be applicable to official actions taken on residential development and/or residential building permits by the City, Planning Commission and/or the City Building Inspector. (Ord. 365 § 7, 1979)
3.40.080 Notice of findings requirements.
Any notice of findings sent by a school district to the City shall specify:
(A) The findings listed in MSMC 3.40.070;
(B) The mitigation measures and methods, including those listed in MSMC 3.40.070, considered by the school district and any determination made concerning them by the district;
(C) The precise geographic boundaries of the overcrowded attendance area or areas;
(D) Such other information as may be required by the City Council. (Ord. 365 § 8, 1979)
3.40.090 Restriction on approval of residential development.
Within any attendance area of a school district where it has been determined pursuant to MSMC 3.40.070 that the conditions of overcrowding exist, neither the City Council, the Planning Commission and/or the City Building Inspector shall approve an ordinance rezoning property to a residential use or to a more intense residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map, tentative parcel map, and/or residential building permits for residential purposes, within such area, unless the City Council makes one of the following findings:
(A) Action will be taken pursuant to this chapter to provide dedications of fees to mitigate the conditions of overcrowding within the attendance area; or
(B) There are specific overriding fiscal, 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 and/or residential building permits otherwise subject to the provisions of this chapter for dedication of fees. (Ord. 365 § 9, 1979)
3.40.100 Fees – Required when.
For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined pursuant to MSMC 3.40.070, the City may require, as a condition to the approval of residential building permits and/or residential development permits, the payment of fees in accordance with MSMC 3.40.110. Prior to imposition of the fees, it shall be necessary for the City Council to make the following findings:
(A) The City General Plan provides for the location of public schools;
(B) The fees transferred to a school district shall be used only for the purpose of providing permanent or interim elementary or high school classroom and related facilities necessary for the instructional program;
(C) The amount of fees to be paid shall bear a 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 schools caused by residential development, both existing and planned;
(D) The facilities to be constructed from such fees are consistent with the City General Plan. (Ord. 365 § 10, 1979)
3.40.110 Fees – Schedule establishment.
In each case where necessary findings have been made, the City shall adopt a resolution setting forth a schedule of fees to be collected by the City Building Inspector, with proof of receipt required prior to the issuance of the permit. The aforementioned fee schedule shall be established only by a resolution adopted by the City Council. (Ord. 365 § 11, 1979)
3.40.120 Fees – Collection.
In each case where necessary findings have been made and concurred in and a resolution adopted by the City Council in accordance with MSMC 3.40.070, 3.40.080, 3.40.090 and 3.40.100, the City Building Inspector shall collect fees on all residential building permits for structures to be built, and/or residential development permits to be issued, in the same amount as established by the resolution adopted by the City Council pursuant to MSMC 3.40.110.
(A) Whenever a building permit is required to erect, construct, enlarge, alter, or convert any room that will be used for sleeping purposes, the applicable fees specified in MSMC 3.40.110 shall apply.
(B) The fees required pursuant to MSMC 3.40.110 shall be paid before the building permit is approved and issued.
(C) Every dwelling unit may have not more than one exemption for such fees required pursuant to MSMC 3.40.110 for habitable rooms (as defined in the Uniform Housing Code) classified as dens, family rooms, sewing rooms, and such.
(D) The fees required pursuant to MSMC 3.40.110 on a per lot basis in any type of subdivision as defined in Cal. Gov’t Code § 66424 that has received tentative approval by the Planning Commission shall be paid prior to receiving the final entitlement.
(E) The fees required pursuant to MSMC 3.40.110 for individual residential dwelling unit(s) permitted by any use permit that has received approval by the Planning Commission and would not otherwise be subject to the fees listed in subsection (D) of this section shall be paid prior to issuance of the final entitlement.
(F) All lots subject to fees required in subsections (D) and (E) of this section shall be exempt from the requirement of paying fees pursuant to subsections (A) and (D) of this section. (Ord. 365 § 12, 1979)
3.40.130 School district schedule.
Following the decision by the City to require the payment of fees in accordance with MSMC 3.40.110 and 3.40.120, the governing body of the school district shall submit a schedule to the City Council specifying how it will use the fees 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 times 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. 365 § 13, 1979)
3.40.140 Fees – In trust.
Fees shall be held in trust by the City until transferred to the school district operating schools in the overcrowded attendance area from which the fees were collected. (Ord. 365 § 14, 1979)
3.40.150 Fees – Refund.
If a residential building permit or residential development permit approval is vacated or voided, and if the City still retains the fees collected for it, and if the applicant so requests, the Council may order returned to the applicant such fees. (Ord. 365 § 15, 1979)
3.40.160 Fees – Use designated.
All fees collected pursuant to this chapter and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities necessary for the instructional program. (Ord. 365 § 16, 1979)
3.40.170 Records and reports.
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 and the facilities leased, purchased or constructed during the previous fiscal year. Such report shall be filed by August 1st of each year and shall be filed more frequently at the request of City Council. (Ord. 365 § 17, 1979)
3.40.180 Termination of dedication requirements.
When it is determined that conditions of overcrowding no longer exist, the City shall cease levying any fee pursuant to this chapter. (Ord. 365 § 18, 1979)