Exeter Municipal Code Ch. 15.52 Interim Method of Providing Classroom Facilities for Exeter Union…

The city council having concurred in the findings of the Exeter Union School District board of trustees that conditions of overcrowding exist within the attendance area of the school district located within the city limits of the city, the city 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, without imposing a fee upon the developer pursuant to the ordinance codified in this chapter, as a condition of approval. Fees shall be paid at the time building permits are issued.

(Ord. 475 §1 (part), 1985)

Notwithstanding the provisions of Section 15.52.010, the city council may find 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 without requiring the payment of fees.

(Ord. 475 §1 (part), 1985)

In all subdivisions containing more than fifty parcels, the city council may require the dedication of land in such subdivisions in lieu of the payment of such fees.

(Ord. 475 §1 (part), 1985)

In lieu of the fees to be paid hereinabove, 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; provided, that at the conclusion of the fifth school year the builder shall, at the builder's expense, remove the interim facilities from that place.

(Ord. 475 §1 (part), 1985)

A right to appeal the imposition of fees to the city council shall be available to developers and/or builders of residential developments which come within the provisions of any of the exceptions and/or exemptions to the imposition of fees as set forth in this chapter. All developers and/or builders shall be apprised of such right at the time that such fees are imposed.

(Ord. 475 §1 (part), 1985)

Any dedication of land, payment of fees, and/or provision of interim facilities in lieu thereof, shall comply fully with all of the requirements of this chapter and Sections 65970 et seq. of the Government Code of the state.

(Ord. 475 §1 (part), 1985)

This chapter shall not apply to the following types of projects:

A. Subdivisions and/or housing projects exclusively designed for and to be occupied by senior citizens; provided, that the developer enters into a written agreement with the school district that the developer shall dedicate land or pay fees in lieu thereof, or a combination of both, when and if such subdivision ceases to impose a senior citizens only restriction, during a period while overcrowded conditions exist within the school district.

B. Alterations, remodeling or renovations of existing residences which do not result in the creation of additional dwelling units.

(Ord. 475 §1 (part), 1985)

The definitions set forth in Section 65973 of the Government Code of the state shall apply throughout this chapter. In addition, the following words and phrases, as used in this chapter, shall have the following meanings:

A. "Developer" means any person, firm, partnership, joint venture, association, corporation, estate, trust, or any local state or federal agency, who applies to have property rezoned to a residential use, applies for a discretionary permit for residential use, files a tentative subdivision or a parcel map for residential purposes, or makes application for a building permit for residential purposes.

B. "Dwelling unit" means one or more rooms in a building, mobilehome, or portion thereof, designed, intended to be used, or used for occupancy by one family for living and sleeping quarters.

(Ord. 475 §1 (part), 1985)

The fees payable by developer to the school district shall be determined, from time to time, by resolution of the city council. No dedication of land may be required in subdivisions containing fifty parcels or less.

(Ord. 475 §1 (part), 1985)

No building permit shall be issued for construction of a mobilehome park or a residence, nor any permit to relocate a residence, nor any permit to move in a mobilehome, unless and until the school district provides verification that the required dedication of land and/or payment of fees to the district has been made, or that the developer has provided the interim facilities to the school district. It shall be the school district's responsibility to collect fees imposed pursuant to this chapter.

(Ord. 475 §1 (part), 1985)

The governing body of the 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 that the governing body of the school district cannot meet the schedule, it shall submit modifications to the city council and the reasons for the modifications. The city council shall review the schedule and, where appropriate, make a finding that the facilities to be constructed from the fees of the land to be dedicated or both, is consistent with the general plan of the city. No such fees shall be required to be paid as a condition of issuance of permits until such time as the schedule has been submitted to the city council and a finding has been made that the schedule is in fact consistent with the city's general plan.

(Ord. 475 §1 (part), 1985)

The provisions of this chapter shall remain in force and effect for a maximum period of five years after the effective date of the ordinance codified in this chapter unless the city council specifically amends this chapter, or adopts a new ordinance to extend the effective life thereof. In addition, the city council shall, on or before September 1, 1985, and September 1st of each suceeding year, so long as this chapter remains in effect, review the findings of the school district to reaffirm the existence of conditions of overcrowding and the necessity for the imposition of fees and/or dedication of land as required by this chapter. The school district shall submit its findings and determinations as to the existence of overcrowding and the need for the imposition of such fees and/or dedication of land to the city council on or before August 1st of each year.

(Ord. 475 §1 (part), 1985)