Chapter 3.28 — FINANCING OF INTERIM SCHOOL FACILITIES

The purpose of this chapter is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding. The ordinance codified in this chapter is enacted pursuant to California Government Code, Chapter 4.7, Sections 65970 et seq., "School Facilities Act."

(Prior code § 19B-1)

The city's general plan provides for the location of public schools. Interim school facilities to be constructed with fees or land required to be dedicated shall be consistent with the general plan.

(Prior code § 19B-2)

In this chapter, unless the context otherwise requires:

"Conditions of overcrowding" means that the total enrollment of a school, including enrollment from the proposed development, exceeds the capacity of the school as determined by the governing body of the district.

"Development approval" means the rezoning of property to a residential land use district; approval of a tentative or final subdivision map; approval of a tentative or final development plan; or issuance of a building permit, conditional use permit or other discretionary permit for a residential development.

"Dwelling unit" is a building, or a portion of a building or a mobile home, designed for residential occupancy by one person or a group of two or more persons living together as a domestic unit.

"Mitigation measures and methods" include, but are not limited to:

The use of available annual revenue limit and bond revenues; and

The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

"Reasonable methods for mitigating conditions of overcrowding" include, but are not limited to, agreements between a subdivider 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 mobile homes, of one or more units or a subdivision of land for the purpose of constructing one or more dwelling units.

(Prior code § 19B-3)

To initiate the dedication provisions of this chapter, the governing body of a school district must make findings supported by clear and convincing evidence as required by Government Code Section 65971 as follows:

A.

Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal function of educational programs, including the reason for such conditions existing;

B.

All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

C.

No feasible method for reducing such conditions exists.

(Ord. 459 § 7, 1991: prior code § 19B-4)

Notice of these findings, including a completed application to the office of local citizens for preliminary determination of eligibility of the Leroy L. Greene State School Building Lease-Purchase Law of 1966 of the Education Code, Part 10, Chapter 22 (commencing with Section 17700), shall be sent to the city along with:

A.

The mitigation measures and methods considered by the school district and any determination made concerning them by the district;

B.

A description of the geographic boundaries of the overcrowded attendance area or areas; and

C.

Such other information as may be required by council regulation.

(Ord. 459 § 8, 1991: prior code § 19B-5)

After receiving findings complying with the requirements of Section 3.28.050, the City Council shall take no action on said notice until the findings have been made available to the public for sixty days after the date or receipt by the city. The city council shall either concur or not concur with the findings within sixty-one days to one hundred and fifty days after the date of receipt of the findings. The city council may extend the period to concur or not concur for one thirty-day period. Failure of the city council to either concur or not concur within the time period shall not be deemed as an act of nonconcurrence in the notice of findings by the council. A decision by the city council to concur or to not concur shall be made during a noticed public hearing.

(Ord. 459 § 9, 1991: prior code § 19B-6)

As part of the notice required in Section 3.28.050 of this chapter, or in any event before the city council makes a decision to require the dedication of land or payment of fees or both, or to increase the amount of land to be dedicated or fees to be paid or both, the governing body of the school district shall submit a schedule specifying how it will use dedicated 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 time when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the city council and the reasons for modifications. The council shall determine that all new sites to be occupied or facilities to be constructed by the district are consistent with the general plan.

(Ord. 459 § 10, 1991: prior code § 19B-7)

When the council has concurred with a school district's findings that conditions of overcrowding exist in a particular attendance area, no development approval shall be granted for residential development within that attendance area without the dedication of land or payment of fees, or a combination of both, for interim elementary and high school purposes.

However, development approval may be granted without the dedication of land or payment of fees if in the judgment of the city council, there are specific overriding fiscal, economic, social or environmental factors which would benefit the city and justify the approval of a residential development otherwise subject to the ordinance codified in this chapter.

(Prior code § 19B-8)

Residential developments shall be exempt from the requirements of the ordinance codified in this chapter when they consist only of the following:

A.

A modification of an existing legally established dwelling unit that does not create an additional dwelling unit;

B.

A condominium project converting an existing apartment building which is more than five years old into a condominium, where no new dwelling units are added;

C.

The rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;

D.

The rebuilding of an historical building recognized, acknowledged and designated as such by the planning agency;

E.

Adults-only residential housing funded by the state or federal governments.

(Prior code § 19B-9)

The total land area required to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by Section 3.28.120 of this chapter. The planning agency shall determine and establish the monetary value of the land area for the purpose of this chapter.

(Prior code § 19B-10)

Only the payment of fees may be required for the approval of a subdivision map containing fifty parcels or less.

(Prior code § 19B-11)

When fees are required to be paid in lieu of or in combination with land dedication the amount of the fees shall be:

A.

Five hundred and nine dollars for temporary interim facilities payable on account of the Grass Valley school district for each residential dwelling; and

B.

Three hundred and eighty-two dollars for temporary, interim facilities payable on account of the Nevada joint union high school district for each residential dwelling.

(Prior code § 19B-12)

Any legally enforceable agreement existing between an affected school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the planning agency, and shall be considered by it as satisfying this chapter's requirements.

(Prior code § 19B-13)

At the time of filing an application for development approval for a development located in an attendance area where the city council has concurred in a finding of overcrowded conditions, the applicant shall indicate whether he prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof, or to do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land.

(Prior code § 19B-14)

At the time of granting development approval, the planning agency shall decide whether to require a dedication of land within the development, a payment of fee in lieu of dedication or a combination of both. In making this determination, the agency shall consider the following factors:

A.

Whether lands 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 and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development.

(Prior code § 19B-15)

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the city subdivision ordinance for streets and public easements. Dedicated land must be used

for classroom and related facilities as a condition to the approval of the proffered land.

(Prior code § 19B-16)

If the payment of a fee is required, payment shall be made at the time the building permit is approved and issued. Payment of the appropriate fee shall be transferred by the city to the district for which the fee is payable.

(Prior code § 19B-17)

A.

If a final subdivision map, parcel map, conditional use permit or building permit is denied and if the city still retains the land and/or fees collected for it, the city council shall order the land and/or fees returned to him.

B.

If a building permit for which a fee was paid is cancelled or voided, and if the city still retains the fee collected for it, and if the applicant requests, the council shall order the fee returned to him.

(Prior code § 19B-18)

All land and fees collected under this chapter and transferred to a school district may be used only for the purpose of providing interim elementary and high school classroom and related facilities.

(Prior code § 19B-19)

A.

A school district receiving funds or land under this chapter shall maintain a separate account for the fees received.

B.

The district shall file a report with the city council on the balance in the account and the dedication of land at the end of the fiscal year and the facilities leased, purchased or constructed during the year.

C.

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.

D.

The report shall be filed by October 15 of each year or more frequently at the request of the council. The city council may approve a thirty-day extension for filing the report in the case of extenuating circumstances as determined by the city council.

(Ord. 459 § 11, 1991: prior code § 19B-20)

When it is determined that overcrowding conditions no longer exist in an attendance area, the city shall cease levying the fee or requiring the dedication of land under this chapter for the area.

(Prior code § 19B-21)