§ 16.30

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

(Ord. 235, 1987)

16.30.011 - Authority and Conflict.

This chapter is enacted pursuant to Chapter 4.7 (Government Code Sections 65970, et seq.) 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. 235, 1987)

The city's general plan provides 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. 235, 1987)

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

(Ord. 235, 1987)

Unless otherwise specifically provided, or required by the context, the terms defined in Sections 16.30.021 through 16.30.026 have the meanings set forth in those sections for the purposes of this chapter.

(Ord. 235, 1987)

"Chapter 4.7" means Chapter 4.7 (commencing with Section 65970) 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. 235, 1987)

16.30.022 - 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 city council of the district.

(Ord. 235, 1987)

16.30.023 - 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 (2) or more persons living together as a domestic unit.

(Ord. 235, 1987)

16.30.024 - Reasonable Methods for Mitigating Conditions of Overcrowding.

"Reasonable methods for mitigating conditions of overcrowding" shall include, but are not limited to, agreements between a subdivider or builder and the affected school district whereby temporary use buildings will be leased to the school district or temporary use buildings owned by the school district will be used and agreements between the affected school district and other school districts whereby the affected school district agrees to lease or purchase surplus or under utilized school facilities from other school districts.

(Ord. 235, 1987)

16.30.025 - 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.

(Ord. 235, 1987)

16.30.026 - 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. 235, 1987)

16.30.030 - Overcrowded Attendance Areas—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. 235, 1987)

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

A.

The findings listed in Section 16.30.030;

B.

The mitigation measures and methods, including those listed in Sections 16.30.024 and 16.30.025, considered by the school district and any determination made concerning them by the district. The notice of findings shall include a completed application to the Office of Local Assistance for preliminary determination of eligibility under 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).

C.

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 for modification.

D.

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

E.

Such other information as may be required by council regulations.

(Ord. 235, 1987)

The city council shall take no action on the notice of findings sent to the city until the findings have been made available to the public for sixty (60) days after the date of receipt by the city. The city council shall either concur or not concur in the notice of findings within sixty-one (61) days to one hundred fifty (150) days after the date of receipt of the findings. The city may extend the period to concur or not to concur for one thirty-day period. The failure of the city council to either concur or not concur within the time period prescribed in this subdivision shall not be deemed as an act of concurrence in the notice of findings by the council.

The date of receipt of the notice of findings is the date when all of the materials required by this section are completed and filed by the school district with the city council.

(Ord. 235, 1987)

Within an attendance area where the council has concurred in a school district's notice of findings that conditions of overcrowding exist, the city's planning commission 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 planning commission makes one of the following findings:

A.

That this chapter 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 judgement of the planning agency would benefit the city, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this chapter.

(Ord. 235, 1987)

In an attendance area where the council has concurred as provided in Section 16.30.032, 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 program.

(Ord. 235, 1987)

Only the payment of fees is required for the approval of a subdivision map containing fifty (50) parcels less.

(Ord. 235, 1987)

Residential developments shall be exempt from the requirements of this chapter 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 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 commission.

(Ord. 235, 1987)

Any agreement existing prior to April 1, 1978 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 commission and shall be considered by it as satisfying this chapter's requirements.

(Ord. 235, 1987)

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 programs and shall be reasonably related and limited to the need for schools caused by the development. However, the value of the land to be dedicated or the amount of fees to be paid, or both, shall not exceed the amount necessary to pay five (5) annual lease payments for the interim facilities.

(Ord. 235, 1987)

The total land area required by this chapter to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by Section 16.30.052. The planning commission shall determine and establish the monetary value if the land area for the purposes of this chapter.

(Ord. 235, 1987)

When fees are required by this chapter to be paid in lieu of land dedication or as a combination of both, such fees shall be and paid as follows:

A.

Three hundred dollars ($300.00) per bedroom in excess of one bedroom per dwelling unit not exceeding nine hundred dollars ($900.00). Any room designed for sleeping which has a closet is a bedroom for the purpose of this chapter;

B.

Three hundred dollars ($300.00) for each dwelling unit space or lot in a mobile home park.

(Ord. 235, 1987)

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 16.30.032, the applicant shall, as part of such filing, indicate whether he prefers to dedicate land for interim school facilities 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. In lieu of the dedication of land or the payment of fees, or both, the builder of a residential development may, at his or her option and at his or her expense, provide interim facilities, owned or controlled by the builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder's expense, remove the interim facilities from that place.

(Ord. 235, 1987)

At the time of submittal of tentative map, the planning commission 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 commission 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 by the development;

D.

Any recommendation made by affected school districts concerning the location and amount of lands to be dedicated;

E.

If only a subdivision is proposed, whether it will contain fifty (50) parcels or less.

(Ord. 235, 1987)

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. 235, 1987)

If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.

(Ord. 235, 1987)

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. 235, 1987)

16.30.065 - City or School District Refunds.

A.

If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is vacated or voided and if the city still retains the land and or fees collected for it, and if the applicant so requests, the city shall return to him such land and/or fees.

B.

If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is cancelled or voided, and if the affected school district still retains the land and/or fees transferred to it by the city, and if the applicant so requests, the school district shall return to him such land and/or fees.

(Ord. 235, 1987)

All land or fees, or both, 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, including all mandated educational programs.

(Ord. 235, 1987)

Notwithstanding any of the foregoing provisions, no levy shall be made hereunder in excess of that allowed by Government Code Section 65995, and shall take into account any levy under Government Code Section

53080 by a school district with jurisdiction within the city limits, all set forth in Chapter 887, Statutes of 1986.

(Ord. 235, 1987)

CHAPTER 16.40 - VESTING OF TENTATIVE MAPS

Sections: