Avenal Municipal Code Ch. 6 Interim School Facilities (CA)

Sections:

8-6.01 Title of provisions.
8-6.02 Purpose of provisions.
8-6.03 Authority.
8-6.04 Definitions.
8-6.05 Findings—Notice.
8-6.06 Findings—Hearing.
8-6.07 Determinations of applicability.
8-6.08 Dedication of land or payment of fees—Procedures.
8-6.09 Collection of fees.
8-6.10 In-lieu fees.
8-6.11 Dedication of land.
8-6.12 Amendment of fee schedule.
8-6.13 Use of fees—Account keeping.
8-6.14 Further levying of fees or dedications restricted.
8-6.15 Failure to complete development—Effect.
8-6.16 Termination of requirements. 8-6.01 Title of provisions. This chapter shall be known and may be cited as the "Interim School Facilities Fees Ordinance." (Ord. 85-09 (part), 1985) 8-6.02 Purpose of provisions. The purpose of this chapter is to provide a method for financing interim school facilities necessitated by conditions of overcrowding caused by new residential developments. (Ord. 85-09 (part), 1985) 8-6.03 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.

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 32 (Ord. 85-09 (part), 1985) 8-6.04 Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (a) "Conditions of overcrowding" shall mean that the total enrollment of a school, including enrollment from the proposed development, exceeds the capacity of such school as determined by the governing body of the school district. (b) "Dwelling unit" means a building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two (2) or more persons living together as a domestic unit. "Dwelling unit" shall not mean remodels or room additions to existing residential structures, hotel or motel units, or the rebuilding of a legally established dwelling unit destroyed or damaged by accident, catastrophe, or act of God. (c) "Interim school facilities" shall mean temporary classrooms not constructed with a permanent foundation 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, temporary classroom toilet facilities not constructed with a permanent foundation; and reasonable site preparation and installation of temporary classrooms and toilet facilities. (d) "Reasonable methods for mitigating conditions of overcrowding" shall include but is not limited to the following concepts: (1) Agreements between a developer 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 developer or school district will be used; (2) The use of all available revenues, including general fund, to the full extent authorized by law; (3) The use of school district property for temporary-use buildings; (4) The use of classroom double-sessions and the use of year-round school programs; (5) The use of funds which could be available from the sale of surplus school district real property and the use of funds available from any other source. (e) "Residential development" shall mean 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. (Ord. 85-09 (part), 1985) 8-6.05 Findings—Notice. If the governing body of the Reef-Sunset Unified School District makes a finding supported by clear and convincing evidence that: (a) Conditions of overcrowding exist in one or more attendance areas within the district which conditions will impair the normal functioning of educational programs, including the reason for such conditions existing; and (b) All reasonable methods of mitigating the 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 Council. The notice of findings sent to the Council shall specify the mitigation measures considered by the school district and shall include a discussion of at least the following possible mitigation devices:

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 33 (1) The lease of temporary use buildings from developers; (2) Classroom double-sessions; (3) The year-round use of school facilities; (4) The use of school district property for temporary use buildings; (5) Utilization of existing school space; (6) The use of funds which could be available from the sale of surplus school district real property and the use of funds available from any other source. (Ord. 85-09 (part), 1985) 8-6.06 Findings—Hearing. (a) Within sixty (60) days of receipt of notice of the findings of the governing board, complete with supporting documentation, the City Council shall hold a public hearing on the findings and the requested fees and land dedications. (b) Notice of the time and place of the public hearing shall be given at least ten (10) days before the hearing in the manner following: (1) Such notice shall be given by publication once in a newspaper of general circulation, published in the City and circulated in the school district, or if there is none, then in a newspaper ofgeneral circulation published and circulated in the City; (2) By mailing a copy of such notice to the governing board of the school district; (3) By mailing a copy of such notice to any person who may file a request in writing therefor with the City Clerk and who shall furnish therewith an envelope addressed for such purpose with postage prepaid. (c) Such notice shall also identify the school district, and generally describe the boundaries of the attendance area or areas in question, and shall refer to the notice of findings of the governing board of the school district and state when and where the same may be examined by any interested person. (d) After public hearing and receipt of findings complying with the requirements of this chapter, the City Council shall, by resolution, either concur in or reject such findings. Such findings may be rejected only if the Council determines that such findings are not supported by the weight of the evidence. (e) If the City Council does not concur with the amount of fees to be paid, it shall, by resolution, adopt such amount of fees or as it may deem proper in lieu of that requested by the governing board. (f) After conclusion of the hearing, the City Council shall declare its decision and any findings in such matter. The City Clerk shall mail a copy of the resolution of order to the City Council and findings to each person to whom notice of the hearing was required to be mailed under this section. (g) If the Council, by resolution, concurs with the school district findings, then within the attendance area where it has been determined that conditions of overcrowding exist, the Council shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes within such area unless the Council makes one of the following findings: (1) That the powers authorized by this chapter will be exercised in such area; or (2) That there are specific overriding fiscal, economic, social, or environmental factors which, in the judgment of the Council, would benefit the City, thereby justifying the approval of a residential development otherwise subject to this chapter. (Ord. 85-09 (part), 1985)

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 34 8-6.07 Determinations of applicability. If the Council concurs with the school district's findings, and if the Council determines that there are no overriding factors which excuse the exercise of this chapter, the Council shall adopt a resolution designating the area to which this chapter shall apply. Within such areas, this chapter shall apply to any residential development which results in one or more dwelling units, including a residential subdivision of one or more lots, multiple residential projects of one or more units, and mobile home parks with one or more spaces. This chapter shall not apply to the conversion of existing residential units to another form of ownership or operation, nor to a development which limits residency to persons fifty (50) years of age or older. If such a development subsequently allows residence by younger persons, this chapter shall be applicable at that time. (85-09 (part), 1985; Ord. 86-01 (part), 1986) 8-6.08 Dedication of land or payment of fees—Procedures. Upon the adoption of the resolution referred to in Section 8-6.07 of this chapter, developments subject to this chapter shall dedicate land, pay fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools as a condition of the approval of such residential developments provided that: (a) The land or fees, or both, transferred to the school district shall be used only for the purpose of providing interim elementary or high school classrooms and related facilities; and (b) The location and amount of land to be dedicated 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 or high school facilities and shall be reasonably related and limited to the need for schools caused by the development; provided, however, the fees shall not exceed the amount necessary to pay five (5) annual lease payments for the interim facilities. In lieu of the fees, the builder of a residential development, at his or her option and at his or her expense, may provide interim facilities, owned or controlled by such builder, at the place designated by the school district, and, at the conclusion of the fifth school year, the builder, at the builder's expense, shall remove the interim facilities from such place; and (c) A finding is made by the Council that the facilities to be constructed from such fees or the land to be dedicated, or both, is consistent with the General Plan. (Ord. 85-09 (part), 1985) 8-6.09 Collection of fees. The fees required by this chapter shall be imposed at the time the building permit is issued, irrespective of whether a tentative map has been approved prior to the adopting of this chapter. In cases where a building permit is not required, the payment or dedication of land shall be a condition precedent to the provision of water to the project by the City. Such fees shall be placed in an interest-bearing trust account, to be used for no other purpose. The City Manager and Superintendent of Schools shall administratively adopt procedures for the transfer of the funds from the City to the school district. Such fees shall not be considered City "proceeds of taxes" under Article XIIIB of the Constitution of the State. (Ord. 85-09 (part), 1985) 8-6.10 In-lieu fees. No fees shall be imposed on a development covered by this chapter where at the time of the issuance of a building permit, the Building Official of the City shall have on file a letter from the superintendent of the Reef-Sunset School District, stating that an agreement or arrangement between the

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 35 developer and the school district has been reached offsetting any impacts from that specific development. (Ord. 86-01, 1986) 8-6.11 Dedication of land. If the school district requests dedication rather than the payment of the fee, the value of the land dedicated shall be substantially identical to the amount of fees which would have been collected. Such value shall be based on the market value of the land at the time of filing the tentative map. The school district may not require dedication rather than the payment of fees if the subdivision consists of fifty (50) parcels or less. (Ord. 85-09 (part), 1985) 8-6.12 Amendment of fee schedule. The Council, by resolution, may amend the fee schedule adopted by this chapter upon its own initiative or upon a request by the school district to do so. (Ord. 85-09 (part), 1985) 8-6.13 Use of fees—Account keeping. The school district receiving funds pursuant to this chapter shall maintain a separate account for the fees paid and shall file a report with the 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. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1 of each year and shall be filed more frequently at the request of the Council. If overcrowding conditions no longer exist, the City shall cease levying any fee or requiring the dedication of any land pursuant to this chapter. (Ord. 85-09 (part), 1985) 8-6.14 Further levying of fees or dedications restricted. One year after the receipt 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 of the State) for the construction of a school, the City shall not be permitted thereafter to levy any fee or to require the dedication of any land within the attendance area of the district. However, any time after the receipt of the apportionment there may be a determination of overcrowding if there is the further finding: (a) That during the period of construction additional overcrowding would occur from continued residential development; and (b) That any fee levied and any required dedication of land levied after the receipt of the construction apportionment can be used to avoid the additional overcrowding prior to the school being available for use by the school district. Any amount of 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. 85-09 (part), 1985)

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 36 8-6.15 Failure to complete development—Effect. (a) If a final subdivision map, parcel map, conditional use permit, development plan, or building permit is cancelled, voided, or lapses, and if the City still retains the land and/or fees collected for it, and if the applicant so requests, the Council shall order that such land and/or fees be returned to the applicant. (b) If a final subdivision map, parcel map, conditional use permit, development plan, or building permit is cancelled or voided, and if the school district still retains the land or fees transferred to it by the City, and if the applicant so requests, the school district shall return to the applicant such land and/or fees. (Ord. 85-09 (part), 1985) 8-6.16 Termination of requirements. (a) If overcrowding conditions cease to exist in any attendance area of a school district as to which fee or land dedication requirements have been imposed pursuant to this chapter, the governing board of the district shall promptly adopt a resolution so finding and send a certified copy of it to the City Council. (b) When it is determined by the City Council that conditions of overcrowding no longer exist in an attendance area, whether or not such determination follows a resolution by the governing board as provided in subsection (a) of this section, the requirements of this chapter shall cease to apply therein. (Ord. 85-09 (part), 1985)