King City Municipal Code Ch. 19.10 Requirements, Standards and Procedures

In an attendance area where the city council has concurred, as provided in Chapter 19.08, that overcrowding exists, the applicant seeking approval of a proposed residential development, as a condition of such approval or as a condition for the obtaining of a building permit, shall pay fees, make an equivalent arrangement in lieu thereof, dedicate land, dedicate facilities, or do a combination thereof, unless expected as provided in subsection B of Section 19.08.040 in accordance with findings made by the decisionmaking body during the hearings and other proceedings on said application. Prior to the imposition of fees, the dedication of land, the dedication of facilities, or a combination thereof, it shall be necessary for the decisionmaking body to make the following determinations:

A. That 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. If fees are paid in lieu of the dedication of land, no more land shall be purchased than is necessary for the placement thereon of interim facilities.

B. That the facilities to be constructed, purchased, leased or rented from such fees or the land or facilities to be dedicated, or a combination thereof, are consistent with the general plan.

(Ord. 491 § 1, 1986)

Only the payment of fees shall be required in subdivisions containing fifty units, or less.

(Ord. 491 § 1, 1986)

In lieu of the dedication of land or the payment of fees, or both, provided for in this chapter, the builder of a residential development may, at the builder’s option and at the builder’s expense, provide interim facilities owned and controlled by such 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 such place.

(Ord. 491 § 1, 1986)

Any requirement imposed pursuant to this title 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, that the value of the land to be dedicated, or the amount of fees to be paid, or both, shall not exceed the amount necessary to pay five annual lease payments for the interim facilities.

(Ord. 491 § 1, 1986)

Subject to the limitation set forth in Section 19.10.040, when fees are required by this title to be paid in lieu of the dedication of land, such fees shall be in accordance with a schedule established by resolution of the city council, which from time to time may be amended to reflect fluctuations in the cost of providing school facilities.

(Ord. 491 § 1, 1986)

The total land area required to be dedicated pursuant to this chapter shall be at least equal in monetary value to the fees which otherwise would be payable under the provisions of this chapter.

(Ord. 491 § 1, 1986)

If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued. Fees shall be held in trust by the city until transferred to the affected school district or districts.

(Ord. 491 § 1, 1986)

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the city subdivision provisions. Land shall be deeded directly to the school district or districts under procedures adopted by the city council.

(Ord. 491 § 1, 1986)

A. If a final subdivision map, a parcel map, or conditional use permit is vacated or voided, and the city still retains the land, and if the applicant so requests, the city council shall order such land returned.

B. If a residential development approval is vacated or voided, and if the city still retains fees collected therefor, and if the applicant so requests, the city council shall order the fees returned to the applicant.

(Ord. 491 § 1, 1986)

All fees, land and facilities required under the provisions of this chapter which have been transferred to a school district shall be used by the district only for the purpose of providing interim elementary or high school classroom and related facilities, and each such transfer shall be made subject to that express condition.

(Ord. 491 § 1, 1986)

If two separate school districts operate schools in an attendance area where the city council concurs that overcrowding conditions exist for both school districts, the city council shall enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this chapter. Until such agreement is reached, the city shall continue to hold the fees in trust pursuant to Section 19.10.070.

(Ord. 491 § 1, 1986)

As part of the notice required by Sections 19.08.010 and 19.08.020, or in any event before the city council makes a decision to require the dedication of land or the payment of fees, or both, or to increase the amount of land to be dedicated or the fees to be paid, or both, the governing body of the school district shall submit a schedule to the city council specifying how the school district will use the 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 times when those facilities will be available. If the governing body of the school district cannot meet the schedule, it shall submit modifications to the city council and the reasons for the modifications.

(Ord. 491 § 1, 1986)

Any school district receiving funds pursuant to this title shall maintain a separate account for any fees paid to it, or funds realized by it from the disposition of land or facilities received, and shall file a report with the city council on the balance in the account at the end of the previous fiscal year, the facilities leased, purchased, or constructed during the previous fiscal year, and land dedication during the previous fiscal year. In addition, the report shall specify which attendance area 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 October 15th of each year and shall be filed more frequently at the request of the city council. The city council may approve a thirty-day extension for the filing of the report in the case of extenuating circumstances. During the time that the report has not been filed in the manner prescribed in this section, there shall be a waiver of any performance of the payment of fees or the dedication of land.

(Ord. 491 § 1, 1986)

When it is determined by the city council that conditions of overcrowding no longer exist in an attendance area, the decisionmaking body shall cease levying any fee or requiring the dedication of any land or facilities pursuant to this chapter.

(Ord. 491 § 1, 1986)