§ 16.48

This chapter shall be known as the "school facilities dedication ordinance of the city of Calexico." The purpose of this article is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

(Ord. 808 § 1 (part), 1981)

This chapter is enacted pursuant to Chapter 4.7 (Government Code Sections 65970 ff.) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this chapter and those of Chapter 4.7, the latter shall prevail.

(Ord. 808 § 1 (part), 1981)

The city's general plan shall provide for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the general plan.

(Ord. 808 § 1 (part), 1981)

The council may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this article.

(Ord. 808 § 1 (part), 1981)

II. - DEFINITIONS

16.48.050 - Generally.

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this article for the purposes of this chapter.

(Ord. 808 § 1 (part), 1981)

16.48.060 - Chapter 4.

"Chapter 4.7" means Chapter 4.7 (commencing with Section 65080) of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977 and any subsequent amendments thereto.

(Ord. 808 § 1 (part), 1981)

16.48.070 - Conditions of overcrowding.

"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.

(Ord. 808 § 1 (part), 1981)

16.48.080 - Dwelling unit.

"Dwelling unit" means a building or a portion thereof, or a mobile home, designed for residential occupancy by one person or a group of two or more persons living together as a domestic unit.

(Ord. 808 § 1 (part), 1981)

16.48.090 - Reasonable methods for mitigating conditions of overcrowding.

"Reasonable methods for mitigating conditions of overcrowding" include, but are not limited to, agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased or purchased by the school district or furnished to the district by a subdivider or temporary-use buildings owned by the school district will be used.

(Ord. 808 § 1 (part), 1981)

16.48.110 - Other methods for mitigating conditions of overcrowding.

"Other methods for mitigating conditions of overcrowding" may include, but are not limited to the following:

A.

The use of available annual revenue limit and bond revenues;

B.

The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources;

C.

The feasibility of double sessions and year-round school.

(Ord. 808 § 1 (part), 1981)

16.48.120 - Residential development.

"Residential development" means 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. Residential development includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit and any other discretionary permit for new residential use.

(Ord. 808 § 1 (part), 1981)

III. - OVERCROWDED ATTENDANCE AREAS

16.48.130 - Findings and notice.

Pursuant to Chapter 4.7 the governing body of a school district may make findings supported by clear and convincing evidence that:

A.

Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

B.

All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

C.

No feasible method for reducing such conditions exist.

Upon making these findings the school district must provide the city with notice of its findings.

(Ord. 808 § 1 (part), 1981)

16.48.140 - Notice of findings requirements.

Any notice of findings sent by a school district to the city shall specify:

A.

The findings listed in Section 16.48.130;

B.

The mitigation measures and methods, including those listed in Sections 16.48.090 and 16.48.110, considered by the school district and any determination made concerning them by that district;

C.

A description of the geographic boundaries of the overcrowded attendance area or areas;

D.

Such other information as may be required by council regulation.

(Ord. 808 § 1 (part), 1981)

After the receipt of any notice of findings complying with the requirement of Section 16.48.130, the council shall determine whether it concurs in such school district findings. The council shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

(Ord. 808 § 1 (part), 1981)

Within an attendance area where the council has concurred in a school district's notice of findings that conditions of overcrowding exist, the city council shall not approve an ordinance rezoning property for residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the city council makes one of the following findings:

A.

That this article is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

B.

That 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 the interim school facilities dedication provisions of this article.

(Ord. 808 § 1 (part), 1981)

Following the concurrence and decision by the city to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, 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.

(Ord. 808 § 1 (part), 1981)

IV. - REQUIREMENTS

In an attendance area where the council has concurred as provided in Section 16.48.150, the owner of a proposed residential development as a condition of approval or the obtaining of a building permit shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for elementary and/or high schools including all mandated educational programs.

(Ord. 808 § 1 (part), 1981)

Only the payment of fees is required for the approval of a subdivision map containing fifty parcels or fewer.

(Ord. 808 § 1 (part), 1981)

Residential developments shall be exempt from the requirements of this article when they consist only of the following:

A.

Any modification or remodel of an existing legally established dwelling unit that does not create an additional dwelling unit;

B.

A condominium project converting an existing apartment building which is more than five years old into a condominium where no new dwelling units are added;

C.

Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;

D.

Any rebuilding of an historical building recognized, acknowledged and designated as such by the planning agency;

E.

Any project to be used exclusively for adult housing for such time as it is used for such purpose and from which children are specifically excluded.

(Ord. 808 § 1 (part), 1981)

Any legally enforceable agreement existing prior to September 1, 1981, between a school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the planning agency and may be considered by it as satisfying this article's requirements.

(Ord. 808 § 1 (part), 1981)

V. - STANDARDS FOR LAND FEES

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 and/or high school facilities including all mandated educational facilities and shall be reasonably related and limited to the need for schools caused by the development. Government Code Section 65974 is attached to the ordinance codified in this chapter and on file in the city clerk's office, marked Exhibit A, and incorporated by reference.

(Ord. 808 § 1 (part), 1981)

The total land area required by this chapter to be dedicated shall be equal in monetary value to the fees which would otherwise be required by Section 16.48.250. The planning agency shall determine and establish the monetary value of the land area for the purposes of this chapter.

In many ways, the calculation of the exactment to be imposed under this chapter goes to the very heart of the matter involved. Certainly the quality and rationality of the method may be crucial in an adjudication of the state law and/or local implementation. Thus, the following two alternative treatments are included for consideration by cities and counties. The second alternative is based upon a common approach to a similar problem under the Quimby Act.

(Ord. 808 § 1 (part), 1981)

VI. - ALTERNATIVE ONE

The standards for the amount of fees or dedicated land required shall be recommended by-the governing board of each school district where a determination has been made pursuant to Section 16.48.130 that conditions of overcrowding exist. Such standards and facts supporting them shall be transmitted to the city council. If the city council concurs with such standards they shall, until revised, be used by decisionmaking bodies in situations where dedications of land, or fees, or both, are required as a condition to the approval of a residential development. Nothing herein shall prevent the city council from establishing and

using standards other than those established by the school district in the event that the council does not concur in those transmitted by the district.

(Ord. 808 § 1 (part), 1981)

When fees are required by this article to be paid in lieu of land dedication, such fees shall be paid at a rate to be determined by the city council by ordinance or resolution.

(Ord. 808 § 1 (part), 1981)

(Ord. No. 1102, § 8, 9-22-09)

VII. - PROCEDURES

At the time of filing an application for the issuance of a building permit or for the approval of a proposed residential development (rezoning, tentative subdivision map or discretionary permit) located in an attendance area where the council has concurred as provided in Section 16.48.150, the applicant shall, as part of such filing, indicate whether he prefers to dedicate land for interim school facilities, furnish temporary housing to the district at the subdivider's expense, or to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land.

(Ord. 808 § 1 (part), 1981)

At the time of initial residential development or building permit approval, the planning agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the agency shall consider the following factors:

A.

Whether lands offered for dedication will be consistent with the general plan;

B.

The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

C.

Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development;

D.

If only a subdivision is proposed, whether it will contain fifty parcels or fewer.

(Ord. 808 § 1 (part), 1981)

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the city's subdivision ordinance for streets and public easements.

(Ord. 808 § 1 (part), 1981)

If the payment of a fee is required, such payment shall be made on the basis of fifty percent at the time the building permit is issued and fifty percent upon the issuance of a certificate of occupancy.

(Ord. 808 § 1 (part), 1981)

Land and fees shall be held in trust by the city until transferred to the school district operating schools in the attendance area from which the land or fees were collected.

(Ord. 808 § 1 (part), 1981)

A.

If a final subdivision map, a parcel map, or a tentative map is not finalized and the city still retains the land and/or fees collected for it, and if the applicant so requests, the council shall order return to him such land and/or fees.

B.

If a building permit for which a fee was paid is cancelled or voided, and if the applicant so requests, the council may return to him such fee.

C.

All moneys paid and/or land dedicated to the district under the provisions of this chapter shall be returned to the owners of record if not used within two years after their collection or dedication. The amount to be returned to the owner of record of each dwelling for which fees have been paid shall be the amount specified in subsections A and B of Section 16.48.250. The funds collected by the entity under this chapter shall be deposited into an interest-bearing account. If the funds collected are not utilized pursuant to this chapter, then it shall be refunded with any and all incurred interest to the owner of record.

(Ord. 808 § 1 (part), 1981)

VIII. - USE AND LIMITS

All land or fees, or both, collected pursuant to this article and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities as defined in Government Code Section 65980 and any amendments thereto.

(Ord. 808 § 1 (part), 1981)

Any school district receiving funds or land pursuant to this article shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the city 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 1st of each year and shall be filed more frequently at the request of the council.

(Ord. 808 § 1 (part), 1981)

When it is determined that overcrowding conditions no longer exist in an attendance area, the city shall cease levying any fee or requiring the dedication of any land pursuant to this article for the area.

(Ord. 808 § 1 (part), 1981)

Chapter 16.52 - DEVELOPMENT AGREEMENTS[[1]]

Footnotes:

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State Law reference— For the statutory provision regarding development agreements, see Government Code Section 65864 et seq.