Chapter 5.48
INTERIM SCHOOL FACILITIES FINANCING
Sections:
5.48.010 Title and purpose of chapter provisions.
5.48.030 Administration and implementation procedures.
5.48.040 Conditions of overcrowding – School district to notify City Council.
5.48.050 Determination by City Council.
5.48.060 Attendance area development conditions.
5.48.070 Exceptions to chapter applicability.
5.48.080 Use of land or fees – School district schedule requirements.
5.48.090 Payment of fees or land made available.
5.48.100 Small developments – Payments of fee.
5.48.110 Collection of fees and land grant agreements – Certificate of completion.
5.48.130 Land donation schedule.
5.48.140 Land – Consistency with general plan.
5.48.150 Overlapping attendance areas – Fees distribution agreement.
5.48.160 Reports by school districts receiving land or fees.
5.48.170 End of overcrowding conditions – Notice required.
5.48.010 Title and purpose of chapter provisions.
The ordinance codified in this chapter shall be known as the “interim school facilities’ financing ordinance of the City of Palmdale.” The purpose of this chapter is to establish a method of providing interim classrooms and related facilities for school districts having conditions of overcrowding within one or more attendance areas. (Ord. 549, 1985)
5.48.020 Definitions.
As used in this chapter, unless otherwise apparent from the context:
(A) “Attendance area” means that portion of a school district, with identifiable boundaries determined by the school board, from which children residing within these boundaries would normally be assigned to attend a specified school in the district.
(B) “Certificate of completion” means a written notice to the Division of Building and Safety that a developer has paid fees as required by this chapter and/or has made land available as required by this chapter.
(C) “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.
(D) “Developer” means any person, association, firm, corporation and other business entity, or public agency, installing or constructing a residential development.
(E) “Dwelling unit” means one or more rooms in a building or portion thereof, or one or more rooms in a mobile home, designed, intended to be used, or used for occupancy by one family for living and sleeping quarters and containing only one kitchen.
(F) “Family” means a person or persons living together as a single housekeeping unit in a dwelling unit.
(G) “Mobile home space” means any space, including each space within a mobile home park, designed for parking a mobile home on a temporary, semipermanent or permanent basis.
(H) “Reasonable methods for mitigating conditions of overcrowding” includes, but is not limited to, the following:
(1) Agreements between a developer and the affected school district whereby temporary-use buildings will be leased to the school district for an interim period, or whereby temporary-use buildings owned by the school district will be used;
(2) The availability of funds, the use of which would not impair the normal functioning of educational programs;
(3) The use of funds which could be made available from the sale of surplus school district property; for purposes of this subsection, “property” means both real and personal;
(4) The use of school district property for temporary-use buildings;
(5) The use of other schools in the district not having overcrowded conditions.
(I) “Residential development” means a project containing one or more dwelling units. (Ord. 1408 § 10, 2010; Ord. 549, 1985)
5.48.030 Administration and implementation procedures.
The City Council may, from time to time, issue procedures and guidelines to provide for the administration and implementation of this chapter. (Ord. 549, 1985)
5.48.040 Conditions of overcrowding – School district to notify City Council.
When the governing body of a school district which operates in whole or in part within the City notifies the City Council that conditions of overcrowding exist within one or more attendance areas within the district, such notice shall be in writing and contain the following:
(A) Clear and convincing evidence upon which the finding of overcrowding is based;
(B) Clear and convincing evidence that such overcrowding will impair the normal functioning of educational programs;
(C) The reasons why such overcrowding conditions exist;
(D) The reasonable methods of mitigating conditions of overcrowding that were evaluated, and the reasons why such mitigating methods are unfeasible;
(E) A statement that no other feasible method for mitigation of the conditions exist;
(F) A description of the geographic boundaries of the overcrowded attendance area or areas; and
(G) Such other information as may be required by the City Council. (Ord. 549, 1985)
5.48.050 Determination by City Council.
(A) After the receipt of a notice complying with the provisions of PMC 5.48.040 subsequent to 30 days after the effective date of the ordinance codified in this chapter, the City Council shall determine within 60 days whether it concurs with such a school district’s findings. At the conclusion of 60 days, the matter shall be deemed approved by the City Council if no action has been taken, unless it has been mutually agreed to extend the time period an additional 60 days. The matter shall be deemed approved by the City Council if no action has been taken by the end of the additional 60-day period.
(B) In the event the City Council determines to conduct a public hearing, such hearing shall be set within 30 days after the filing of the notice of overcrowding conditions, and within 60 days following the conclusion of the hearing the City Council shall take action, unless an additional 60 days is agreed upon, and if no action is taken within the time allowed the matter shall be deemed approved.
(C) In making such determination, the City Council may receive and rely on any other evidence submitted by the school district or any other interested person. Evidence of continued overcrowding shall be submitted to the City Council in the same manner set forth in PMC 5.48.040 in the annual audit report as defined in PMC 5.48.160. (Ord. 549, 1985)
5.48.060 Attendance area development conditions.
When the City Council concurs with a school district’s findings that conditions of overcrowding exist within an attendance area, it shall notify the Building Services Department and the Planning Department of the concurrence and of the geographical boundaries of such attendance area. Upon receipt of such notification by the City Council, the Building Services Department shall not issue a building permit, or in the case of an installation of a mobile home or the construction of a mobile home park, a utility permit (for example, electrical, sewer, plumbing, construction, etc.) within the attendance area until it has received a written “certificate of completion” from the affected school district. In the case of a conversion of an apartment building restricted to adults only to a condominium, no tentative map shall be approved without a condition requiring the developer to enter into an agreement with the school district providing compliance with this chapter in the event the restriction is removed. The agreement shall require the developer to comply with this chapter’s requirements at the time a building permit is applied for or, if no building permit is required, prior to the sale of any unit. (Ord. 1102 § 3, 1997; Ord. 738 § 2, 1988; Ord. 549, 1985)
5.48.070 Exceptions to chapter applicability.
This chapter shall not apply to projects involving the following:
(A) Senior citizen housing approved, financed and/or subsidized by the United States Department of Housing and Urban Development, and residential development restricted to adults only, provided the developer enters into a written agreement with the affected school district requiring that the developer will make land available pursuant to PMC 5.48.130, or pay fees in lieu thereof pursuant to PMC 5.48.120 when and if such restrictions cease during a period the school district has overcrowded conditions within the attendance area in which the development is located;
(B) The conversion of existing apartment buildings to condominiums, except where such apartment buildings were restricted to “adults only” and the restrictions are removed when the conversion takes place;
(C) Alterations;
(D) Remodeling or renovations which do not result in additional dwelling units; and
(E) Dwelling units sold prior to October 1, 1978, where the sales contract contains a fixed price which cannot be modified. (Ord. 549, 1985)
5.48.080 Use of land or fees – School district schedule requirements.
Following the concurrence and decision by the City Council that an overcrowded condition exists in an attendance area, the governing body of the involved school district shall submit within 60 days a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding, and a detailed analysis of how the school district will alleviate the conditions. 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 and projections of when such conditions will be alleviated, it shall submit modifications to the City Council and the reasons for the modification. (Ord. 549, 1985)
5.48.090 Payment of fees or land made available.
In an attendance area where the City Council has concurred in a finding of overcrowding conditions, the developer of a proposed residential development, as a condition of obtaining a building permit or, in the case of an installation of a mobile home or the construction of a mobile home park, a utility permit (for example, electrical, sewer, plumbing, construction, etc.), shall pay fees in accordance with the provisions of PMC 5.48.120 or make land available in accordance with the provisions of PMC 5.48.130. The land to be made available or the amount of fees to be paid, or both, shall bear a reasonable relationship, and will be limited to the needs of the community for interim elementary and/or high school classrooms and related facilities, and shall be reasonably related and limited to the need for schools caused by the development. Such land or fees shall be used only for the purpose of providing interim elementary or high school classrooms and related facilities. (Ord. 549, 1985)
5.48.100 Small developments – Payments of fee.
Only the payment of fees may be required in residential developments containing 50 dwelling units or less. In instances where the total development exceeds 50 dwelling units, the decision to pay fees or to make land available and for what period of time, or a combination thereof, shall be made by the school district in consultation with the developer. (Ord. 549, 1985)
5.48.110 Collection of fees and land grant agreements – Certificate of completion.
(A) Where the payment of fees is required, they shall be collected by the school district prior to the issuance of a building permit or, in the case of an installation of a mobile home or the construction of a mobile home park, a utility permit (for example, electrical, sewer, plumbing, construction, etc.). Upon receipt of payment, the school district shall issue its certificate of completion of requirements under the ordinance for interim school facilities’ financing.
(B) Where land is to be made available, the developer shall provide a recordable written agreement to the school district which grants to the school district exclusive use of the land acceptable to the school district for an interim period. This written agreement shall be provided to the school district prior to the issuance of a building permit or, in the case of an installation of a mobile home or the construction of a mobile home park, a utility permit (for example, electrical, sewer, plumbing, construction, etc.). Upon receiving the recordable agreement, the school district shall issue its certificate of completion.
(C) If the school district determines that the requirement for land or fees in lieu thereof would result in an inequitable duplication of land or fees previously provided by the developer or his predecessors in interest, the school district shall adjust the requirement to the extent necessary to eliminate such duplication. (Ord. 549, 1985)
5.48.120 Fee schedule.
Commencing February 10, 1985, the following fees shall be required:
(A) For each new mobile home space with unrestricted occupancy the fee shall be $667.00.
(B) For each new dwelling unit, exclusive of the mobile homes located on spaces for which a fee has been paid, the fee shall be assessed as follows:
(1) Dwelling units with one bedroom, $333.00;
(2) Dwelling units with two bedrooms, $667.00;
(3) Dwelling units with three bedrooms, $1,000;
(4) Dwelling units with four bedrooms, $1,330;
(5) Dwelling units with five or more bedrooms, $1,665.
(C) Every year on July 1st the amount of each fee in this section shall be increased or decreased by a percentage equal to the percentage change in the cost of living as shown by the California Consumer Price Index for all items determined by the California Department of Industrial Relations, between:
(1) The first day of the quarter of the effective date of the ordinance codified in this chapter; and
(2) The April 1st preceding the date of increase or decrease. (Ord. 549, 1985)
5.48.130 Land donation schedule.
The following land donation schedule shall apply:
(A) The length of time the land is needed shall be determined by the school district.
(B) A computation shall be made to determine the total fees which would be assessed if the total exaction were to be fees.
(C) The fair market value of the interim use of the site(s) designated shall be determined as the higher of two appraisals presented by professional appraisers. The appraisers shall be selected by the school district and if the developer does not concur with the district’s selection of appraiser, the district shall select one and the developer shall select one from a list of five names provided by the district. Appraisers shall be members of the American Institute of Real Estate Appraisers. The fair market value of the interim use shall be determined by the condition of the land at the time of donation.
(D) In the event the fair market value of the interim use of the land to be made available exceeds the amount computed in PMC 5.48.120, the district shall pay the developer the difference.
(E) In the event the fair market value of the interim use of the land to be made available is less than the amount computed in PMC 5.48.120, the developer shall pay the difference to the district in fees. (Ord. 549, 1985)
5.48.140 Land – Consistency with general plan.
When land is to be made available to the school district, the district shall submit the proposal to the Development Services Department for a determination of whether the general plan provides for the location of public schools and whether the proposal is consistent with the general plan. (Ord. 549, 1985)
5.48.150 Overlapping attendance areas – Fees distribution agreement.
Where two separate school districts operate schools in overlapping attendance areas where the City Council concurs that overcrowding conditions exist for both school districts, the governing bodies of the affected school districts shall determine the distribution of revenue from the fees levied pursuant to this chapter within 30 days from the date of concurrence by the City Council. In the event the school districts fail to agree on distribution of fees within 30 days, the County Superintendent of Schools shall determine the apportionment of fees within a second 30-day period. (Ord. 549, 1985)
5.48.160 Reports by school districts receiving land or fees.
(A) 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 City Council specifying the following:
(1) The balance in the account at the end of the previous fiscal year;
(2) The facilities listed, purchased or constructed during the previous fiscal year;
(3) The attendance areas that will continue to be overcrowded when the fall term begins;
(4) When and where conditions of overcrowding will no longer exist;
(5) A detailed analysis of what the school district is doing to alleviate the overcrowded conditions.
(B) Such report shall be filed by August 1st of each year, and shall be filed more frequently at the request of the City Council. (Ord. 549, 1985)
5.48.170 End of overcrowding conditions – Notice required.
As soon as overcrowding conditions cease to exist the school district shall immediately notify the City Council of such fact. Upon receiving such notice, the City Council shall cease the requirement of fees or land required by this chapter. In the event the school district has money from fees previously paid in its interim school facility account after overcrowding conditions cease to exist, it shall apply such fees to mitigate future over crowded conditions in the same attendance area for which the fees were collected; provided, however, that in the event overcrowded conditions do not occur in the attendance area within five years from the date overcrowded conditions cease to exist, such fees may be applied to relieve overcrowded conditions in other attendance areas within the district. (Ord. 549, 1985)