Chapter 6.10 — SCHOOL FACILITIES FEE DEDICATION

Chapter 6.10 - SCHOOL FACILITIES FEE DEDICATION

Sections:

This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with § 65970) of Title 7 of the Government Code.

(Ord. 547 (part), 1983)

The provisions of this chapter shall apply to residential development in those portions of the city which lie within an attendance area of a school district with respect to which attendance area the school board has made and filed with the city council the findings described in Section 6.10.080.

(Ord. 547 (part), 1983)

The council may, from time to time, by resolution, issue regulations to provide for the administration and implementation of this chapter.

(Ord. 547 (part), 1983)

The city general plan provides for the location of public schools. Where facilities are to be constructed using fees or land required to be dedicated hereunder, or both, they shall be consistent with the general plan.

(Ord. 547 (part), 1983)

6.10.050 - Definitions.

(a)

"Conditions of overcrowding" exist in the school or schools of an attendance area whenever the total actual or projected enrollment of such school or schools for either the current fiscal year or any one of the next succeeding four fiscal years exceeds the maximum number of pupils which, in the judgment of the school board, such school or schools could physically accommodate without a substantial reduction in the quality of the educational programs being offered or projected to be offered at such school or schools in such current or succeeding fiscal year.

(b)

"Decision-making body" means council, planning commission, and such other board, commission, office or official as may be authorized or empowered to approve or make recommendations for approval of any residential development.

(c)

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

(d)

To "approve a residential development" means to:

(1)

Grant a building permit;

(2)

Approve or recommend approval of a tentative, final or parcel map for a subdivision of land;

(3)

Adoption of an ordinance rezoning property; or

(4)

Grant or recommend the granting of a variance, conditional use permit or planned development permit for any residential development.

(Ord. 547 (part), 1983)

"Reasonable methods for mitigating conditions of overcrowding" may include, but are not limited to, agreements between a subdivider or other developer of residential developments in the school district whereby temporary use buildings will be leased to or for the benefit of the school district or temporary use buildings owned by the school district will be used.

(Ord. 547 (part), 1983)

"Residential development" means:

(1)

The construction of one or more nonmobile home dwelling units;

(2)

The preparation of a site for or the installation of one or more mobile home dwelling units;

(3)

The subdivision of land for the purpose of such construction, preparation or installation; or

(4)

The use of a building or a portion of a building as a residence or residences in a zone where such use is permitted only pursuant to a variance, conditional use permit or planned development permit.

(Ord. 547 (part), 1983)

Pursuant to Government Code sections 65970 et seq., the school board may, with respect to any of its attendance areas located in whole or in part within the unincorporated territory of Ventura County, make and file with the board of supervisors written findings that:

(1)

Conditions of overcrowding exist in the school or schools of such attendance area; and

(2)

All reasonable methods for mitigating such conditions have been evaluated, and no feasible method for reducing such conditions exists; and, where applicable,

(3)

The school district does not own or lease as lessee vacant land within the attendance area sufficient to meet its anticipated need over the next five years for land on which to place additional classrooms and related facilities.

(Ord. 547 (part), 1983)

Findings filed pursuant to Section 6.10.080 shall be deemed to be canceled on the August 1st next following the day on which they were filed with the council or on the date on which new findings respecting the same attendance area are filed, whichever date shall first occur.

(Ord. 547 (part), 1983)

Findings filed pursuant to Section 6.10.080 shall, at the time they are so filed, either contain or have attached to them the following:

(1)

A precise description of the geographic boundaries of the attendance area to which the findings relate;

(2)

A list of the mitigation measures evaluated by the school board and a statement of the reasons why such measures were found to be infeasible;

(3)

A summary of the evidence upon which such findings were based; and

(4)

Such other information as may be required by regulations adopted by the council pursuant to this chapter.

(Ord. 547 (part), 1983)

After receipt of findings complying with Section 6.10.090 and 6.10.100, the council shall, after a legally noticed public hearing, by resolution, either concur in or reject such findings. Such findings may be rejected only if the council determines that such findings are not supported by the weight of the evidence. At any time after it has concurred in or rejected such findings, the council may reopen the issue and, if it determines in the light of its reexamination of the evidence or its examination of new evidence that its decision is not supported by the weight of the evidence, it may reverse such decision.

(Ord. 547 (part), 1983)

Together with the findings filed pursuant to Section 6.10.080, the school board shall also file with the council a schedule specifying how the school district will use fees and land received by it pursuant to this chapter to solve the condition of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the time when such facilities will be available. In the event the school district cannot meet the schedule, the school board shall file modifications with the council together with a statement of the reasons for the modifications.

(Ord. 547 (part), 1983)

If the council concurs with the finding filed pursuant to Section 6.10.080, the council then shall by resolution find that the facilities and land use specified in the schedule filed pursuant to Section 6.10.120 either are or are not consistent with the general plan.

(Ord. 547 (part), 1983)

Within any attendance area for which there is (i) a findings concurred in by the council, of conditions of overcrowding, (ii) a schedule filed pursuant to Section 6.10.120, and (iii) a finding made pursuant to Section 6.10.130 of consistency with the general plan, no decision-making body shall approve a residential development unless such decision-making body first makes one of the following findings:

(1)

That the school district has entered into an agreement with the applicant or some other person which agreement provides a feasible means for mitigating any aggravation of such conditions of overcrowding which would otherwise be caused by the residential development;

(2)

Where the application is for a building permit, that the applicant has paid the facilities fee specified in Section 6.10.150 and, where applicable, the land fee specified in Section 6.10.160;

(3)

Where the application is for an approval which does not include the grant of a building permit that such approval is conditioned upon the dedication of land (if any) required of the applicant pursuant to Section 6.10.160 and, further, that the map, variance or permit so approved contains notice that the issuance of any building permit for residential development of the property shall be subject to the payment of such fees as may be required pursuant to this chapter;

(4)

That there are specific overriding physical, economic, social or environmental factors which justify approval of the residential development without requiring the payment of fees or the dedication of land which would otherwise be required pursuant to this chapter;

(5)

That the application is for a building permit for the construction of a replacement of a lawfully constructed residential building, lawfully occupied as a residential unit or units at some time within the year immediately preceding the filing date of the permit application, in which event, the permit, if otherwise proper, should be issued without payment of facilities fee or dedication of land pursuant to this chapter.

(Ord. 547 (part), 1983)

The amount of facilities fee to be paid by an applicant for a building permit for a residential development shall be the dollar amount equal to "X" in the following formula:

AC X= B

where:

"A" = The total estimated cost in dollars to the school district of renting, furnishing and equipping for a fiveyear period a relocatable classroom and related facilities pursuant to a lease which does not include an option to purchase but which does obligate the lessor, at no additional cost to the school district, to prepare a site owned by the school district, install the facilities thereon, and remove the facilities therefrom upon termination or expiration of the lease; "B" = The maximum number of pupils which can reasonably be accommodated by such relocatable classroom and related facilities at any given time; and

"C" = The estimated maximum number of pupils which in either the current fiscal year or any one of the next succeeding four fiscal years will reside in the dwelling unit or units authorized by the permit and will enroll in the school or schools serving the attendance area in which such dwelling unit or units will be located.

The specific number values to be assigned to "A" and "B," and the maximum number of pupils which it is estimated will reside in each of the various types of dwelling units referred to in "C" in the foregoing formula shall be determined by resolution of the council from time to time on the basis of evidence submitted to it by the school district and other interested parties. Facilities fees shall be paid directly to the school district.

(Ord. 547 (part), 1983)

6.10.160 - Land fee.

A land fee shall be exacted only in an attendance area with respect to which the findings by the school board made pursuant to Sections 6.10.080 include the finding described in subsection (3) of Section 6.10.080. The amount of the land fee to be paid by an applicant for a building permit for a residential development shall be the dollar amount equal to "Y" in the following formula:

Y = DEC

where:

"D" = The estimated fraction of an acre of land per pupil reasonably necessary to accommodate relocatable classrooms and related facilities;

"E" = The estimated average fair market value per acre of those specific lands which the school district is considering for possible acquisition within the next five years for the purposes of accommodating classrooms and related facilities; and

"C" = The number value assigned to "C" for the purposes of Section 6.10.150.

The specific number values to be assigned to "D" and "E" in the foregoing formula shall be determined by resolution of the council from time to time on the basis of evidence submitted to it by the school district and other interested parties. Land fees shall be paid directly to the school district.

(Ord. 547 (part), 1983)

Subject to the provisions of this section, the decision-making body may condition the approval of any residential development which is a subdivision of land upon the dedication of land to the school district. Such a condition shall be imposed only if the school district has consented to the particular dedication in question. No dedication of land may be required as a condition of the approval of any residential development other than a subdivision of land or as a condition of the approval of a tentative, final, or parcel map for the subdivision of land into fifty or less parcels. The amount and location of the land to be dedicated shall bear a reasonable relationship and be limited to the need for interim school facilities caused by the residential development. If a dedication of land is required as a condition of the approval of a particular subdivision, any fees which would otherwise be required pursuant to this chapter for building permits relating to the subdivision, which permits are issued within five years next following the filing for recordation of such subdivision, shall be excused in an amount equal to the fair market value of the dedicated land as of the date on which the subdivision was filed for recordation. The fair market value of the dedicated land shall be determined in the following manner:

(1)

By mutual agreement of the school district and the applicant for approval of the subdivision; or, if they are unable to agree,

(2)

By an appraisal, at the school district's expense, prepared by a qualified real estate appraiser selected by the school district; or, at the option of the applicant for approval of the residential development,

(3)

By taking the average of two appraisals, one of which is at the school district's expense and is prepared by a qualified real estate appraiser selected by the school district and the other of which is at the applicant's expense and is prepared by a qualified real estate appraiser selected by the applicant.

(Ord. 547 (part), 1983)

All fees and land received by the school district pursuant to this chapter shall be used by the school district only for the purpose of providing interim elementary or high school classroom and related facilities.

(Ord. 547 (part), 1983)

The school district receiving fees or land pursuant to this chapter shall maintain a separate account for such fees and the disposition of such land, and shall file a report with the council on the balance in such account at the end of the previous fiscal year and on the facilities leased, purchased or constructed during the previous fiscal year. In addition, the report shall identify those attendance areas in which conditions of overcrowding will exist and those attendance areas in which conditions of overcrowding will not exist as of the commencement of the next fall term. Such report shall be filed by August 1st of each year, and shall be filed more frequently at the request of the council.

(Ord. 547 (part), 1983)