Hemet Municipal Code Art. VI Developer Dedication of Land and Fees for School Facilities

This article is adopted to implement school facilities land dedication and fee requirements in the city, pursuant to the provisions of Government Code § 65970. The city council may, from time to time, by resolution, issue regulations to provide for the administration of this article.

(Ord. No. 1137; Code 1984, § 30000)

Any agreement existing prior to the effective date of this article between an applicant for a residential development and a school district, pertaining to the dedication of land or payment of fees for school facilities to serve the property which is the subject of the application, or any portion thereof, shall be recognized by a decision-making body under this article and shall be considered by it as satisfying the requirements of this article.

(Ord. No. 1137; Code 1984, § 30001)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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

Decision-making body means the city council, planning commission, planning director or building administrator.

Dwelling unit means a building or portion of a building designed for residential purposes, including one-family, two-family and multiple dwellings, or a mobile home, but shall not include motels, hotels, boardinghouses and lodginghouses.

Mobile home means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. The term "mobile home" does not include a recreational vehicle as defined in Health and Safety Code § 18215.5.

Reasonable methods for mitigating conditions of overcrowding includes but is not limited to agreements between a subdivider or other developer of a residential development and an affected 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.

Residential development means a project containing residential dwellings, including mobile homes, of one or more units, or a division of land for the purpose of constructing one or more residential dwelling units.

(Ord. No. 1137; Code 1984, § 30002)

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

A residential development shall be exempt from the requirements of this article when it consists only of any of the following:

(1) The modification or remodeling of an existing dwelling unit, provided no additional dwelling units are created.

(2) The rebuilding of a dwelling unit that is destroyed or damaged, provided no additional dwelling units are created, or the use of a temporary dwelling unit by residents of a damaged structure that is being rebuilt.

(3) The relocation of a mobile home from one space in an impacted school district to another location in the same school district.

(4) The rebuilding of a designated historical building.

(5) Convalescent hospitals, rest homes, nursing homes, sanitariums, homes and centers for mentally or emotionally or physically handicapped persons, skilled nursing facilities, and homes for the aged.

(6) Travel trailer parks and travel trailer planned developments.

(Ord. No. 1137; Code 1984, § 30003)

If the governing body of a school district, located partly or entirely within the city, which operates elementary, junior high or high school facilities, makes findings supported by clear and convincing evidence that:

(1) Conditions of overcrowding exist in one or more attendance areas, which conditions impair the normal functioning of educational programs, including the reasons for the existence of such conditions;

(2) All reasonable methods, within established school district policies, of mitigating conditions of overcrowding have been evaluated, and no feasible method for reducing such conditions exist;

the governing body of the school district shall notify the city council.

(Ord. No. 1137; Code 1984, § 30004)

A notice of findings sent by a school district to the city council pursuant to this article shall specify:

(1) The findings required by section 58-165, including the factual basis and a summary of the evidence upon which the findings were based.

(2) The mitigation measures and methods considered by the school district.

(3) The precise geographic boundaries of the overcrowded attendance area.

(4) Any agreements entered into by the school district that would alleviate conditions of overcrowding caused by new residential development.

(5) Such other information as may be required by the city council.

(Ord. No. 1137; Code 1984, § 30005)

If the city council concurs in the school district's findings made pursuant to this article, the provisions of this article shall be applicable to actions taken on residential development applications by a decision-making body.

(Ord. No. 1137; Code 1984, § 30006)

Within any attendance area of a school district where the council has concurred that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within that attendance area unless the decision-making body makes one of the following findings:

(1) That action will be taken pursuant to this article to mitigate the conditions of overcrowding within that attendance area.

(2) That there are specific overriding fiscal, economic, social or environmental factors which, in the judgment of the city council, will benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this article without requiring dedication of land or payment of fees.

(Ord. No. 1137; Code 1984, § 30007)

(a) In an attendance area where the city council has concurred that conditions of overcrowding exist, an applicant for a proposed residential development shall, as a condition of approval of the development, dedicate land or pay fees, or both, as determined by the decision-making body having jurisdiction during its proceedings on the application, provided the decision-making body determines that the facilities to be constructed, purchased, leased or rented from such fees or the land to be dedicated, or both, comply with the following requirements:

(1) The general plan provides for the location of public schools.

(2) The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities.

(3) The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities and shall be reasonably related and limited to the need for schools caused by the development; provided the fees shall not exceed the amount necessary to pay five annual lease payments for the interim facilities. In lieu of the fees, the builder of a residential development may, at his option and at his expense, provide interim facilities, owned or controlled by the builder, at the place designated by the school district. At the conclusion of the fifth school year, the builder shall, at the builder's expense, remove the interim facilities from that place.

(4) A finding is made by the city council that the facilities to be constructed from the fees or the land to be dedicated, or both, are consistent with the general plan.

(b) If the payment of fees is required, the payment shall be made at the time the building permit is issued, or at a later time as may be specified from time to time by resolution.

(c) Only the payment of fees may be required in subdivisions containing 50 dwelling units or less.

(Ord. No. 1137; Code 1984, § 30008)

The standards for the amount of land to be dedicated or fees to be paid, or the standards upon which the builder of a residential development may provide interim facilities, owned or controlled by the builder, at the place designated by the school district, shall be established by the governing body of each school district where a determination has been made that conditions of overcrowding exist. The standards and supporting facts shall be transmitted to the city council. If the city council has concurred that conditions of overcrowding exist, and also concurs in the standards, they shall be used by decision-making bodies to determine the dedication of land or fees required as a condition to the approval of a residential development. If the city council does not concur with the standards established by the school district for dedications and fees, it shall adopt, by resolution, land dedication and fee requirements for those areas, which shall be used by the decision-making bodies.

(Ord. No. 1137; Code 1984, § 30009)

At the time of filing an application for approval of a residential development containing more than 50 parcels or dwelling units located within an attendance area where the city council has concurred that conditions of overcrowding exist, the applicant shall, as a part of the application, indicate a preference to dedicate land, to pay fees in lieu thereof, or to provide interim facilities owned or controlled by the builder.

(Ord. No. 1137; Code 1984, § 30010)

(a) Upon receipt of an application for a residential development within an attendance area where the city council has concurred that conditions of overcrowding exist, not including applications for building permits or mobile home set-up permits, the planning director shall notify the affected school districts at least 30 days prior to consideration of the application by a decision-making body. The planning director may also notify school districts of any other applications for residential developments that may affect the districts.

(b) Upon receipt of an application for a building permit or mobile home set-up permit within an attendance area where the city council has concurred that conditions of overcrowding exist, the planning director shall determine if specific dedication or fee requirements have been fixed for the development. If no specific requirements have been fixed for the development, the planning director shall apply to the development the approved fees adopted pursuant to section 58-170.

(Ord. No. 1137; Code 1984, § 30011)

(a) Upon receipt of notice from the planning director, pursuant to section 58-172 regarding an application for a residential development, the governing body of the affected school district shall determine the following:

(1) The applicable standards, if any, which affect such application as established pursuant to section 58-170.

(2) Whether the lands offered for dedication meet the criteria established by Education Code § 39000 et seq.

(3) The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication.

(4) Whether the location and amount of lands proposed or dedicated or the amount of fees to be paid, or the developer's proposal to provide interim facilities, owned or controlled by the builder, at the place designated by the school district, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary, junior or high school facilities and will be reasonably related and limited to the need for schools caused by the development.

(b) A decision-making body shall impose the requirements transmitted by the school district, if they are in accordance with the standards approved pursuant to section 58-170, unless the city council body finds there are overriding factors pursuant to section 58-168(2), in which case nothing in this section shall prevent a decision-making body from imposing lesser requirements than those transmitted by the school district. A determination by a decision-making body to impose lesser requirements shall be final upon approval by the city council.

(c) If the school district has entered into an agreement with an applicant for a residential development to mitigate conditions of overcrowding within the attendance area covered by the application, the governing body of the school district shall, upon receipt of notification from the planning director that an application for a residential development has been filed, so advise both the planning director and the building administrator and transmit a copy of the agreement for submission to the appropriate decision-making body.

(Ord. No. 1137; Code 1984, § 30012)

The governing body of the school district shall submit a schedule specifying how it will use the land or fees, or both, required under this article, 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. If the governing body of the school district cannot meet the schedule, it shall submit modifications to the city council, along with the reasons for the modifications.

(Ord. No. 1137; Code 1984, § 30013)

When land is to be dedicated pursuant to this article, it shall be deeded directly to the affected school district. If dedicated land is subsequently determined by the school district to be unsuitable for school purposes, it may be sold at the option of the school district, but the funds derived therefrom must be used in accordance with this article.

(Ord. No. 1137; Code 1984, § 30014)

(a) If the payment of a fee is required pursuant to this article, it shall be paid to the affected school district at the time the building permit is issued, unless payment is made earlier pursuant to agreement between the developer and the school district. The school district shall provide the building administrator with a statement that all dedication or fee requirements have been completed.

(b) When application is made for a new building permit following the expiration of a previously issued building permit for which a fee has been paid, the fee shall not be required.

(c) If a residential development approval is vacated or voided and if the affected school district still retains the land or fees collected therefor, and if the applicant so requests, the governing body of the school district shall order the land or fees returned to the applicant.

(Ord. No. 1137; Code 1984, § 30015)

Any school district receiving funds or land pursuant to this article shall maintain a separate account for any fees paid and money received for disposition of land, and shall file a report with the city council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased or constructed during 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 more frequently at the request of the city council.

(Ord. No. 1137; Code 1984, § 30016)

When it is determined by the city council that conditions of overcrowding no longer exist in an attendance area which includes territory in the city, decision-making bodies shall cease levying any fee or requiring the dedication of any land for that area pursuant to this article. Action under this section shall not affect the validity of conditions already imposed for levy of fees and dedications of land, and such conditions shall remain binding.

(Ord. No. 1137; Code 1984, § 30017)