El Cajon Municipal Code Ch. 15.10 School Facilities Land Dedication and Fees

It is the intention of the city council to implement the provisions of Section 65974 of the Government Code of the state of California to provide interim school facilities through the dedication of land or payment of fees in lieu thereof, as may be required by the Cajon Valley Union School District, the Grossmont Union High School District, or the La Mesa-Spring Valley School District. It is the purpose of the council to provide procedures and authority whereby the city, the affected school districts, and applicants for land development approvals may undertake such reasonable steps as would alleviate the overcrowding of school facilities. Said procedures shall be established and administered so as to provide both an equitable and flexible approach. Procedures will reflect that students will often be assigned to school facilities outside of the attendance areas, and any additional students introduced into the district may impact the district's ability to satisfy educational needs.

(Ord. 3849 § 1, 1985)

Pursuant to the authority granted by Section 65970, et seq., of the Government Code of the state of California, every subdivider, developer or person seeking rezonings, plan approval, conditional use permits, planned unit developments or building permits for any residential development shall, for the purpose of providing interim school facilities reasonably benefiting and serving the residents of the development, dedicate a portion of the land or, in lieu thereof, pay a fee for each dwelling unit in the subdivision or development, or do both as required by this chapter. The dedication or payment of fees in lieu thereof shall be applicable to all residential developments of any type allowed under the residential zones of the city.

(Ord. 3849 § 1, 1985)

The city council finds and declares as follows:

A. Adequate school facilities should be available for children residing in new residential developments.

B. Public and private residential developments may require the expansion of existing public schools or the construction of new school facilities.

C. In many areas of the city, the funds for the construction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools.

D. New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time.

E. That, for these reasons, new and improved methods of financing for interim school facilities necessitated by new development are needed in the city.

(Ord. 3849 § 1, 1985)

"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.

"Dwelling unit"

means a building or portion thereof, or a mobilehome, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit.

"Reasonable methods for mitigating conditions of overcrowding"

may include, but are not limited to, agreements between a subdivider or other developer of residential developments 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.

"Residential development"

means a project containing residential dwellings, including mobilehomes, 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 residential use;

A privately proposed amendment to the general plan which would allow an increase in authorized residential density and where no further discretionary action for residential development need be taken by a decision-making body prior to application for a building permit; or

Any privately proposed specific plan or amendment to a specific plan which would allow an increase in authorized residential density.

(Ord. 3849 § 1, 1985)

The general plan of the city requires the provision of adequate school facilities in order to satisfy the educational needs for newly developed areas in accordance with the level of educational services as established by standards and criteria adopted by the school districts operating within the city. Further, the general plan establishes requirements for the regulation of rezoning, subdivision approval, and the granting of building permits to insure the adequacy of public facilities, including public schools. The general plan map indicates locations for elementary, junior high and high schools. Those interim school facilities to be constructed from fees paid or dedications exacted for school facilities as required by this chapter shall be consistent with the general plan of the city.

(Ord. 3849 § 1, 1985)

If the governing body of a school district which operates an elementary, junior high or high school in the city makes a finding supported by clear and convincing evidence that:

1. 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; and

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist;

(Ord. 3849 § 1, 1985)

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

A. Annual findings listed in Section 15.10.060;

B. The reasonable mitigation measures and methods that have been considered, including, but not limited to, those as defined in this chapter, considered by the school district, and any determination made concerning them by the district;

C. The precise geographic boundaries of the overcrowded attendance area or areas which will be impacted by proposed student assignments from the residential development;

D. How it will use the land or fees, or both, to solve the conditions of overcrowding. This report shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. Findings required by this subsection are in addition to the report required by Section 15.10.200;

E. Such other information as may be required by city regulation.

(Ord. 3849 § 1, 1985)

The city shall notify each of the school districts of a request for approval of any residential developments, at the time any tentative map, rezoning, or discretionary permit is submitted or requested.

(Ord. 3849 § 1, 1985)

The city council shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use (which includes a building permit in accordance with the general plan of the city) or approve a tentative subdivision map for residential purposes for any residential developments which have been determined pursuant to Section 15.10.060 to create conditions of overcrowding impacting one or more attendance areas within the district, unless the city council makes one of the following findings:

A. That action will be taken pursuant to this chapter to provide dedications of land and/or fees to mitigate conditions of overcrowding; or

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 provisions of this chapter. An agreement between the applicant for a residential development and the school district to mitigate the conditions of overcrowding within that attendance area may be considered by council as such an overriding factor.

(Ord. 3849 § 1, 1985)

For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined necessary pursuant to Section 15.10.060, the city may require the dedication of land, the payment of fees in lieu thereof, or combination of both, as determined by the planning commission or the city council during the hearings for specific residential development projects as a condition for approval. Prior to imposition of the fees or dedications of land, it shall be necessary for the city council or the planning commission to make the following findings:

A. The general plan provides for the location of public schools.

B. The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary, junior high or high school classrooms and related facilities.

C. 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, junior high or high school facilities and shall be reasonably related and limited to the need for schools caused by the development.

D. The facilities to be constructed, purchased, leased or rented from such fees or the land to be dedicated, or both, are consistent with the general plan.

(Ord. 3849 § 1, 1985)

A. The standards for the amount of dedicated land or fees to be required shall be established by the governing board of each school district where a determination has been made pursuant to Section 15.10.060 that conditions of overcrowding exist. Such standards and facts supporting them shall be transmitted to the city council. If the city council by resolution concurs in such standards and fees, they shall, until revised, be used by decision-making bodies in situations where dedications of land and/or fees are required as a condition to the approval of a residential development.

B. Nothing in this chapter shall prevent the city council from establishing by resolution and using standards other than those established by the school district in the event the city council is unable to concur in those transmitted by the district. The amount of land or fees to be required may be modified from that general standard approved by resolution of the city council upon a showing that the overcrowded conditions are either more or less severe than those conditions upon which the general standard has been formulated.

(Ord. 3849 § 1, 1985)

Only the payment of fees shall be required in subdivisions containing fifty parcels or less.

(Ord. 3849 § 1, 1985)

At the time of filing an application for the approval of a proposed residential development (rezoning, tentative subdivision map or discretionary permit) located in an attendance area where the findings required by Section 15.10.060 have been made, the applicant shall as part of such filing, indicate whether the applicant prefers to dedicate land for interim school facilities, or to pay a fee in lieu thereof, or a combination thereof. If the applicant prefers to dedicate land, the applicant shall suggest the specific land.

(Ord. 3849 § 1, 1985)

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

A. Whether land 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, junior high or high school facilities and will be reasonably related and limited to the need for schools caused by the development;

D. If only subdivision is proposed, whether it will contain fifty parcels or less.

(Ord. 3849 § 1, 1985)

When land is dedicated, it shall be offered to the school districts to be held in fee for school purposes subject to reversion in accordance with the trust provisions of Section 15.10.180 in substantially the same manner as prescribed in the subdivision ordinance for streets and public easements; provided, however, such dedicated land which subsequently is determined by the school district to be unsuitable for school purposes may be sold at the option of the school district. The funds derived therefrom must be used in accordance with the requirements of this chapter.

(Ord. 3849 § 1, 1985)

If the payment of a fee is required, such payment shall be made to the school district prior to the time the building permit is approved and issued and the district shall promptly notify the city of such payment; provided, however, the school district may notify the city that appropriate agreements or surety arrangements have been made which defer said payment until such time as the city issues a certificate of completion for the residential development.

(Ord. 3849 § 1, 1985)

All land or fees, or both, collected pursuant to this chapter shall be used only for the purpose of providing interim elementary, junior high or high school classrooms and related facilities located within the city limits of the city, or located outside the city limits if the proposed residential development is located in the attendance area of such facility located outside the city limits. Following the action by the city council to require the dedication of land or payment of fees, or both, the city clerk shall notify each school district affected thereby. Annual reports on the school district's use of land or fees, or both, is required by Section 15.10.070D and 15.10.200.

(Ord. 3849 § 1, 1985)

Land and fees shall be held in trust by the school district until utilized for the purposes set forth in this chapter and as provided in Section 15.10.170 for the resolution of conditions of overcrowding in one or more attendance areas within the school district. If the development plan is vacated or voided, and building permits have not been issued, and if the applicant so requests and the respective school districts have not made use of the land or fees as provided in this chapter, the governing board of the respective school district shall order the return of the land or fees.

(Ord. 3849 § 1, 1985)

Where two or more separate school districts operate schools in an attendance area where the city council concurs that overcrowding conditions exist for those school districts, the city council will enter into an agreement with the governing body of each school district for the purpose of determining the amount and distribution of the fees levied pursuant to this chapter.

(Ord. 3849 § 1, 1985)

Any school district receiving funds pursuant to this chapter shall maintain a separate account for any fees paid and shall file an annual report with the city council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed and the dedication of land, during the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be over-crowded when the fall term begins and where conditions of overcrowding will no longer exist. Any school district collecting fees pursuant to this chapter which receives funds from sale or lease of excess property shall report to the city the impact of such receipts upon the district's financial ability to mitigate overcrowded conditions. Such report shall be filed by October 15th of each year and shall be filed more frequently at the request of the city council.

(Ord. 3849 § 1, 1985)

When it is determined that conditions of overcrowding no longer exist in an attendance area, the city shall cease levying any fee or requiring the dedication of any land pursuant to this chapter for the area. Action under this section shall not affect the validity of conditions already imposed for levy of fees and declarations of land, and such conditions shall remain binding.

(Ord. 3849 § 1, 1985)