Laguna Niguel Municipal Code Art. 6 Interim School Facilities Fees

If the governing board of a school district:

(1) Makes a finding in accordance with government code section 65971 supported by clear and convincing evidence that (a) conditions of overcrowding exist in one or more of the attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing; and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists;

(2) Notifies the city council in writing of such findings and evidence and describes the precise geographic boundaries of the overcrowded attendance areas and the facilities to be constructed with any fees obtained pursuant to this article; and

(3) Specifies in writing mitigation measures considered by the governing board, such measures to include but not to be limited to those enumerated in this article;

and if the city council, after a hearing and recommendation by the planning commission, concurs in such findings and finds that the facilities proposed to be constructed are consistent with the city's general plan, then the provisions of this article shall be applicable to the attendance areas described in the governing board's resolution, subject to the exceptions set forth in this article.

(Ord. No. 90-11, § 13, 3-6-90)

For purposes of this article, the following words and terms shall have the meaning designated in this section:

Attendance area means the area established by a governing board within which pupils must reside to attend a particular school.

Governing board means the governing board of any school district which operates a high school or elementary school.

Reasonable methods of mitigating conditions of overcrowding includes but is not limited to:

(1) Agreements between a governing board and subdivider whereby temporary use buildings will be leased to the governing board or temporary use buildings owned by the governing board will be used.

(2) Double sessions.

(3) Relieving overcrowded school conditions by adjustment of attendant area boundaries.

(4) Continuous school programs as authorized by Education Code § 37600 et seq.

(5) Use of available annual tax rate and bond revenues to the full extent authorized by law.

(6) Full use of funds which could be available from sale of surplus school district real property and funds available from any other sources.

(7) The possible use of the facilities in adjacent 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.

Time of sale of the property means the time of close of escrow.

(Ord. No. 90-11, § 13, 3-6-90)

Cross reference— Definitions generally, § 1-1-18.

(a) No building permits shall be issued for any residential development in any attendance area to which this article is applicable until an agreement for payment of the fees set forth in this article has been received by the city.

(b) Fees shall be in the amount of 0.8 percent of the selling price of each dwelling unit, not to exceed $1,200.00, provided that, in the case of construction by an owner-occupant, where no sale is contemplated prior to occupancy, fees shall be based on the amount of the value of the unit, as agreed upon between the owner and the district.

(Ord. No. 90-11, § 13, 3-6-90)

There shall be an agreement signed prior to the issuance of any building permit, between the school district and the developer, that the fees shall be collected at the time of sale, or occupancy if no sale is contemplated, and promptly given to the district. A copy of the agreement shall be provided to the director of community development at the time of issuance of building permits.

(Ord. No. 90-11, § 13, 3-6-90)

(a) Notwithstanding any other provision of this article, no fee shall be imposed upon residential developments in which the residence is enforceably restricted by deed to adults.

(b) The city council may waive all or any part of the fees otherwise required by this article where it finds that such fees do not bear reasonable relationship or will not be limited to the needs of the community for interim elementary or high school facilities caused by the development. The council shall consider such waiver only when requested to do so by the proponent of the resident development project and only after giving at least ten days' written notice to the governing board of its intention to consider a waiver. The governing board shall be heard on the question before the council grants a waiver. No waiver shall be considered unless requested prior to application for building permits. The planning commission shall make recommendations on any request.

(c) This article shall not apply to any residential development where the city council finds that there are specific overriding fiscal, economic, social or environmental factors which, in the judgment of the council, expressed by resolution, would benefit the city to the extent that approval of such development without compliance with this article is justified. The planning commission shall make recommendations on any request.

(d) In lieu of all or any part of the fees otherwise required by this article, the proponent of residential development may agree to dedicate, by instrument acceptable to the governing board, real property to be used by the governing board to mitigate conditions of overcrowding. The value of such property shall be determined by the governing board and the party making the dedication, and such value shall be reported to the city council in writing, and the agreement of the owner and the governing board as to the value shall be acknowledged thereon. The report shall also set forth the precise boundaries of the property to be dedicated and the territory, which may include all or parts of one or more attendance areas, for which the dedication is to be credited. Upon approval by the city council, and if the council finds the site proposed to be dedicated to be consistent with the general plan, the council may approve the agreed value. In the event of approval, credit for such value against the fees otherwise required by this article shall be given until exhaustion of such credit, after which an agreement for payment of such fees shall be required at the time of issuance of building permits. The credit shall be applicable to any residential dwelling in the territory specified in the agreement. Any report to the council pursuant to this section shall be made before any agreement for payment of fees has been required by the city for residential dwelling units in the territory described in the report.

(e) In lieu of payment of any fee required by this article, the builder of a residential development may, at his option and expense, provide interim facilities, owned or controlled by such builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder's expense, remove the interim facilities from such place.

(f) In lieu of payment of any fees required by this article, the builder of a residential development may submit a letter from the district stating that the developer has mitigated the conditions of overcrowding by way of a separate agreement for school facilities with the district for meeting district needs.

(Ord. No. 90-11, § 13, 3-6-90)

The governing board having jurisdiction over an attendance area which is subject to this article shall submit a schedule specifying how it will use the fees required to solve the conditions of overcrowding. The schedule shall be in accordance with the facilities described pursuant to section 9-1-601 and shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. If the governing board cannot meet the schedule, it shall submit modifications to the city council, along with the reasons for the modifications.

(Ord. No. 90-11, § 13, 3-6-90)

Any governing board receiving funds or dedications pursuant to this article shall maintain a separate account for any such funds, 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 reports 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 shall be filed more frequently if requested by the city council. The city treasurer may, at any time, conduct an audit of the fees transferred to the governing board for the purpose of ascertaining whether or not such fees are being used for the purposes authorized by this article. The governing board and the developer paying fees shall cooperate in such audit.

(Ord. No. 90-11, § 13, 3-6-90)

Where two separate governing boards operate schools in an attendance area where overcrowding conditions exist for both school districts, the city council shall enter into an agreement with each of the governing boards for the purpose of determining the distribution of revenues from the fees levied pursuant to this article.

(Ord. No. 90-11, § 13, 3-6-90)

This article shall cease to apply to any attendance area upon a determination by the city council that conditions of overcrowding no longer exist.

(Ord. No. 90-11, § 13, 3-6-90)

If the severity of conditions of overcrowding in an attendance area increases after the governing board has given the city council the notice described in section 9-1-601 and the governing board has determined that additional facilities beyond those described in the notice are necessary, the governing board may give additional notice to the council in the manner provided in section 9-1-601. Such notice shall, in addition, describe the additional facilities for which fees under this article are desired.

(Ord. No. 90-11, § 13, 3-6-90)

This article shall be administered by the director of community development. The director shall, subject to approval of the city council, adopt rules, policies and procedures to implement this article.

(Ord. No. 90-11, § 13, 3-6-90)

If the boundaries of any attendance area to which this article is made applicable are changed, the governing board shall immediately notify the city council, specifying both the new and the old boundaries, and shall furnish such additional information in connection with such change as may be requested by the council.

(Ord. No. 90-11, § 13, 3-6-90)