§ 16.26

This section is adopted to implement school facilities land dedication and fee requirements in the City of Corona pursuant to the provisions of ‘SB 201,’ the interim school facilities provisions found in the Cal. Gov’t Code at §§ 65970 through 65981. The requirements of this section are in addition to requirements contained in the Subdivision Map Act for school land dedications.

(`78 Code, § 16.26.010.) (Ord. 1736 § 1 (part), 1984.)

The governing body of the Corona-Norco Unified School District has made findings pursuant to Cal. Gov’t Code § 65971, which findings are supported by clear and convincing evidence, that conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs in that district and that all reasonable methods of mitigating these conditions of overcrowding have been evaluated by the School Board and no feasible method for reducing such conditions exists. After considerable deliberation and study, the City Council concurs in these findings by the Corona-Norco Unified School District Board of Trustees. This chapter is therefore adopted pursuant to Cal. Gov’t Code § 65974 to establish an interim method of providing classroom facilities where overcrowding conditions exist within the Corona-Norco Unified School District. (`78 Code, § 16.26.020.) (Ord. 1736 § 1 (part), 1984.)

The Corona General Plan provides for the location of public schools, and this City Council finds that the facilities to be constructed from the fees paid or the land dedicated pursuant to this chapter are consistent with the Corona General Plan.

(`78 Code, § 16.26.030.) (Ord. 1786 § 1 (part), 1984.)

Any land or fees received by the school district pursuant to these provisions shall be used only for the purpose of providing interim elementary or high school classroom and related facilities as defined by state law. The location and amount of land to be dedicated, or the amount of fees to be paid, shall bear a reasonable relationship and will be limited to the needs of this community for interim elementary or high school facilities and shall be reasonably related and limited to the need for schools caused by the residential development being assessed. However, as required by state law, any fees collected shall not exceed the amount necessary to pay five annual lease payments for the interim classroom and related facilities.

(`78 Code, § 16.26.040.) (Ord. 1736 § 1 (part), 1984.)

On subdivisions containing 50 parcels or less, the school district may require no land dedications pursuant to this chapter, but may require only the payment of fees.

(`78 Code, § 16.26.050.) (Ord. 1736 § 1 (part), 1984.)

Before the exactions in this chapter shall be levied, the governing body of the school district shall submit to the City Council a schedule specifying how the district will use the land or fees to solve or mitigate its conditions of overcrowding. This 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. If the governing body of the school district cannot meet its schedule as submitted, the district shall submit modifications and reasons to the City Council. (`78 Code, § 16.26.060.) (Ord. 1736 § 1 (part), 1984.)

(A) Where it has been determined pursuant to this chapter that conditions of overcrowding exist, payment of fees or dedication of land shall be made at the time a building permit for any residential unit is issued.

(B) This requirement need not be met if:

(1) The applicant for the residential development has entered into an agreement with the school district providing for mitigation of the district’s conditions of overcrowding which would otherwise be aggravated by the proposed residential development;

(2) In the judgment of the City Council there are specific overriding fiscal, economic, social or environmental factors which will benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this chapter without requiring dedication of land or payment of fees; or

(3) If both the city and the school district have approved conditions, covenants and restrictions of record which prohibit the residence of minor children in the proposed residential development. (`78 Code, § 16.26.070.) (Ord. 1736 § 1 (part), 1984.)

The amount of any school facilities fee collected by the school district pursuant to this chapter shall be set by resolution of the City Council after full consultation with the affected school district. This amount shall bear a reasonable relationship to the needs of the community for interim elementary, junior high and high school facilities and shall be based upon those needs and upon the need for schools caused by the particular residential development. The amount shall not exceed that necessary to pay five annual lease payments for such interim facilities. (`78 Code, § 16.26.080.) (Ord. 1736 § 1 (part), 1984.)

Upon mutual agreement between the residential developer, the city and the school district, the developer may dedicate land in lieu of paying fees pursuant to this chapter. The fair market value of the land so dedicated shall be equivalent to the amount of fees which would otherwise be required. When land is to be dedicated, it shall be deeded directly to the school district. If dedicated land is subsequently determined by the school district to be unsuitable for school purposes, it may be sold by the school district and the proceeds applied to interim school facilities. (`78 Code, § 16.26.090.) (Ord. 1736 § 1 (part), 1984.)

All exactions collected by the school district pursuant to this chapter shall be used only for the purposes of providing interim school facilities as defined in Cal. Gov’t Code § 56980. (`78 Code, § 16.26.100.) (Ord. 1736 § 1 (part), 1984.)

The school district shall maintain a separate account for any fees paid under this chapter. The school district shall file a report with the City Council on the balance in such account at the end of each reporting period, as well as on the facilities leased, purchased or constructed during that reporting period. In addition, this report shall specify where conditions of overcrowding will continue to exist during the subsequent year. The report shall be filed by April 15 and October 15 of each year.

(`78 Code, § 16.26.110.) (Ord. 1736 § 1 (part), 1984.)