Exeter Municipal Code Ch. 18.16 Dedication for Schools

This chapter is adopted to supplement and implement Sections 65970-65978 of the Government Code of the state in order to establish a method of providing interim classrooms and related facilities for school districts having conditions of overcrowding within one or more attendance areas. All of the requirements of Sections 65970-65978 of the Government Code are incorporated by reference and shall apply to school districts and the city as though expressly set forth in this chapter.

(Ord. 407 §1, 1979)

This chapter applies to all land proposed for residential development which is owned by any individual, firm, partnership, joint venture, association, corporation for residential development which is owned by the United States and any agency of the United States, the state of California and any agency of the state, a city, and any public district or political subdivision of the state of California insofar as it is legally possible to enforce this chapter, or any portion thereof, against such entities.

(Ord. 407 §2, 1979)

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. "Attendance area" means that portion of a school district, within the city, with identifiable boundaries by the governing board of a school district, from which children residing therein would normally be assigned to attend a specified school in the district.

B. "Developer" means any person, or any of the other entities mentioned in Section 18.16.020 of this chapter, who applies to have property rezoned to a residential use, applies for a discretionary permit for residential use, or files a tentative subdivision or parcel map for residential purposes.

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

D. "Mobile home space" means any space, including each space within a mobile home park, designed for parking a mobile home on a temporary, semipermanent or permanent basis.

E. "Reasonable methods for mitigating conditions of overcrowding" include, but are not limited to the following:

1. Agreements between a developer and the affected school district whereby temporary-use buildings will be leased to the school district for an interim period, or whereby temporary-use buildings owned by the school district will be used,

2. The availability of funds, the use of which would not impair the normal functioning of educational programs,

3. The use of funds which could be made available from the sale of surplus school district real property and/or personal property,

4. The use of school district property for temporary-use buildings,

5. The use of other schools in the district not having overcrowded conditions.

(Ord. 407 §3, 1979)

Before a developer may be required to dedicate land or pay a fee in lieu thereof, pursuant to Sections 65970-65978 of the Government Code of the state and this chapter, the governing board of a school district which operates an elementary or high school within the city shall make the written findings, supported by clear and convincing evidence, required by Section 65971 of the Government Code of the state, and notify the city council of its findings. The notices to the city council shall contain all the following:

A. The findings required by Section 65971 of the Government Code of the state;

B. A summary of the evidence upon which the findings are based;

C. The reasonable methods of mitigating conditions of overcrowding which have been considered by the school district and any determinations made concerning them by the district;

D. The precise geographic boundaries of the overcrowded attendance area or areas;

E. Sufficient evidence on the interim classroom and related facilities needed by the school district and the costs of providing the same so that the city council can set the fees to be charged to the developer or the applicant for the building permit.

(Ord. 407 §4, 1979)

Upon receipt of such notice from a school district, the city council shall, by resolution, concur in the findings of the school district or state why it does not concur in such findings.

(Ord. 407 §5, 1979)

A. When the city council has concurred in such findings under Section 18.16.050, the council shall not approve an ordinance rezoning property to a residential use, nor shall the city council, planning commission or city administrator grant a discretionary permit for residential use, nor shall the planning commission or city council approve a tentative subdivision or parcel map for residential purposes within such area until the city council has determined whether the developer shall dedicate real property, pay fees in lieu thereof, or a combination of both, as a condition of the approval. Such dedications and fees shall comply fully with all of the requirements of this chapter and Section 65974 of the Government Code of the state.

B. Notwithstanding the provisions of subsection A of this section, 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 and justify issuing such an approval without requiring such a dedication or payment of fees.

(Ord. 407 §6, 1979)

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

A. Senior citizen housing approved, financed and/or subsidized by the United States Department of Housing and Urban Development, and residential development restricted to adults only; provided, that the developer enters into a written agreement with the affected school district that the developer will dedicate land or pay fees in lieu thereof, or a combination of both, when and if such restrictions cease during a period the school district has overcrowded conditions within the attendance area in which the development is located;

B. Conversion of existing apartment buildings to condominiums or a community apartment project, except where such apartment buildings were restricted to "adults only" and said restrictions are removed when the conversion takes place;

C. Alternations, remodeling, renovations or reconstruction of existing residences which do not result in additional dwelling units.

(Ord. 407 §7, 1979)

The fees payable by a developer to a school district shall be determined by the city council at or after the time that the council concurs in the findings of the school district pursuant to Section 18.16.050 of this chapter. No dedication of land may be required in subdivisions containing fifty parcels or less.

(Ord. 407 §8, 1979)

When the city council has determined pursuant to Section 18.16.060 of this chapter that the developer shall dedicate property, pay fees in lieu thereof, or a combination of both, a copy of the determination of the council shall be sent to the city/county building inspector. The city/county building inspector shall not issue any building permit for construction of a mobile home park or a residence, nor any permit to relocate a residence, nor any permit to move in a mobile home, or other such residential dwelling unit which is subject to said determination by the council unless the applicant provides proof that the required dedication of land and/or payment of fees to the school district was made.

(Ord. 407 §9, 1979)

A. For those tentative maps on which the planning commission takes final action, the city administrator shall notify the city council of the fact that the map is under consideration if a school district in which the proposed subdivision is located has made the findings specified in Section 18.16.040 of this chapter and the city council has concurred in such findings in accordance with Section 18.16.050 of this chapter. Prior to the approval of the tentative map, the city council shall make the findings required in Section 65972 of the Government Code of the state and make such other findings and decisions concerning imposing fees or dedications of land to school districts as may be required by Section 18.16.010 et seq. of this chapter.

B. For those tentative maps on which the city council takes final action, the city administrator shall, when the conditions set forth in subsection A of this section are applicable, so notify the city council in order that the council can make the findings and decisions referred to in subsection A prior to approval of the tentative map.

(Ord. 407 §10, 1979)

The city administrator shall notify the city council of the fact that the tentative parcel map is under consideration if a school district in which the proposed subdivision is located has made the findings specified in Section 18.16.040 of this chapter and the city council has concurred in such findings in accordance with Section 18.16.050 of this chapter. Prior to the approval of the tentative parcel map, the city council shall make the findings required in Section 65972 of the Government Code of the state and make other findings and decisions concerning imposing fees or dedications of land to school districts as may be required by Section 18.16.010 et seq. of this chapter.

(Ord. 407 §11, 1979)