Fontana Municipal Code Art. IX Financing Interim School Facilities

The purpose of this article is to establish a method pursuant to Government Code § 65970 et seq., whereby a school district which operates an elementary or high school may finance interim school facilities.

(Code 1968, § 8-32)

(a) The governing body of the school district shall notify the city council of any overcrowding that may exist. Such notification shall be in the form of a finding supported by clear and convincing evidence that:

(1) Conditions of overcrowding exist in one or more attendance areas which will impair the normal functioning of education programs, including the reason such conditions exist; and

(2) All reasonable methods of mitigating these conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists.

The notice of findings shall also specify the mitigation measures considered. The notice of findings shall include a completed application to the office of local assistance for preliminary determination of eligibility under the Leroy R. Green State School Building Lease—Purchase Law of 1976 (chapter 22), Education Code § 17700 et seq. The city council shall take no action on the notice of findings sent to the city or county pursuant to subdivision A until the findings have been made available to the public for 60 days after the date of receipt by the city or county. The city council shall either concur or not concur in the notice of findings within 61 days to 150 days after the date of receipt of the findings. The city council may extend the period to concur or not to concur for one 30-day period. The failure of the city council to either concur or not concur within the time period prescribed in the subdivision shall not be deemed as an act of concurrence in the notice of findings by the council or board. 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. If the city council concurs in those findings Government Code § 65972 shall be applicable to the actions taken on residential development by the city council.

(b) If the city council concurs in such a finding that conditions of overcrowding exist, no approval of a discretionary permit or a tentative subdivision or land division for residential use shall be granted unless the city council finds:

(1) That the dedication of land or payment of fees in lieu thereof, or a combination of both, required by the school district is appropriate and will be provided as set forth in this article; or

(2) 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 approval.

(Code 1968, § 8-33; Ord. No. 1086, § 14, 8-17-93)

As used in this article:

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.

Reasonable methods for mitigating conditions of overcrowding 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 underutilized school facilities from other school districts.

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.

(Code 1968, § 8-34; Ord. No. 1086, § 15, 8-17-93)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) Neither the city council, planning commission nor design review board shall approve a discretionary residential permit or approve a tentative subdivision or land division for a residential development within an area identified in section 10-312 without attaching as a condition of approval a requirement that no building permit shall be issued until certification has been received from the appropriate school district that the required dedication of land or payment of fees, or combination of both, has been made.

(b) The department of building and safety shall not issue a building permit for a residential development in an area identified in section 10-312 without certification from the appropriate school district that the required dedication of land, payment of fees or combination of both has been made.

(c) The provisions of this article shall not apply to:

(1) Senior citizen housing which is:

a. Financed or subsidized by the United States Department of Housing and Urban Development; or

b. Approved subject to a condition of approval requiring the recordation of a deed restriction in favor of the city and an affected school district limiting occupancy of the units to persons 55 years of age or older.

(2) Remodeling or renovations not resulting in additional dwelling units.

(3) Building a legally established dwelling unit destroyed or damaged by fire, explosion, flood, act of God or other accident or catastrophe.

(4) An application for the issuance of a building permit for the residential development of property within a school attendance area of an affected school district which has entered into an agreement with the city providing for the payment or other means acceptable to such school district and the city for the mitigation of impacts associated with the issuance of such building permits for residential development upon the permanent public elementary school classroom facilities of the affected school district; provided, however, that any such agreement shall have been entered into prior to the date of second reading of the ordinance approving this subsection, and on and after such date there shall be no agreements between a developer and an affected school district to waive any fees provided for under this article. For the purposes of the exemption provided for in this subsection, the term "permanent public elementary school classroom facilities" means and includes classroom and related facilities for elementary school use purposes consisting of kindergarten through sixth grade facilities constructed on permanent foundations and defined as a structure containing one or more rooms, including restroom and service facilities, which are designed and intended for use as a place for formal public elementary school educational instruction. The term "permanent public elementary school classroom facilities" includes land and appropriate site preparation necessary for such structures, and includes the rehabilitation, expansion and remodeling of such existing structures where such rehabilitation, expansion or remodeling shall result in an increase of classroom space for elementary school students. The affected school district shall provide the person who may claim an exemption under this subsection with a certificate of satisfaction of conditions of approval with respect to such permanent public elementary school classroom facilities evidencing that such person has satisfied the conditions of this subsection.

(Code 1968, § 8-35)

The amount of the dedication of land or payment of fee in lieu thereof, or a combination of both, required by the school district under this article will be specified by resolution upon the city council accepting the school district's declaration of overcrowding.

(Code 1968, § 8-36)

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. If the school district cannot meet the schedule, it shall submit modifications to the city council and the reasons for the modifications.

(Code 1968, § 8-37)

(a) Any school district receiving funds pursuant to this article shall maintain a separate account for any fees paid and shall file a report with the city council on the balance in the account at the end of the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1 of each year, and more frequently at the request of the city council.

(b) If overcrowding conditions no longer exist, the provisions of this article shall no longer apply.

(Code 1968, § 8-38)