Lemoore Municipal Code Ch. 5 Interim School Facilities

This Chapter is adopted to supplement and implement sections 65970 through 65981 of the Government Code of the State of California in order to establish a method of providing interim classrooms and related facilities for school districts having conditions of overcrowding within one or more attendance areas. All of the requirements of said sections 65970 through 65981 of the Government Code are incorporated by reference and shall apply to school districts and the City as though expressly set forth herein.

This Chapter applies to all land proposed for residential development which is owned by any individual, firm, partnership, joint venture, association, corporation, estate or trust. In addition, it applies to any land proposed for residential development which is owned by the United States, the State of California and any agency of the State, a city and any public district or political subdivision of the State of California insofar as it is legally possible to enforce this Chapter, or any portion thereof, against such entities.

The definitions set forth in sections 65973 and 65980 of the Government Code of the State of California shall apply throughout this Chapter. In addition, the following words and phrases, as used in this Chapter, shall have the following meanings:

ATTENDANCE AREA: That portion of a school district, with identifiable boundaries determined by the governing board of a school district, from which children residing therein would normally be assigned to attend a specified school in the district.

CITY: The City of Lemoore.

CITY COUNCIL and COUNCIL: The governing body of the City of Lemoore.

DEVELOPER: Any person, or any of the other entities mentioned in Section 8-5-2 of this Chapter, who applies to have property rezoned to a residential use, applies for a discretionary permit for residential use, files a tentative subdivision or parcel map 1 for residential purposes or makes application for a building permit for residential purposes.

DWELLING UNIT: One or more rooms in a building, mobilehome or portion thereof, designed, intended to be used or used for occupancy by one family for living and sleeping quarters.

MOBILEHOME SPACE: Any space, including each space within a mobilehome park, designed for parking a mobilehome on a temporary, semi-permanent or permanent basis.

REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVERCROWDING: Include but are not limited to the following:

A. Agreements between a developer and the affected school district whereby temporary-use buildings owned by the school district will be used.

B. The availability of funds, the use of which would not impair the normal functioning of educational programs.

C. The use of funds which could be made available from the sale of surplus school district real property and/or personal property.

D. The use of school district property for temporary-use buildings.

E. The use of other schools in the district not having overcrowded conditions.

A. Findings by School District; Notice: Before a developer may be required to dedicate land or pay a fee in lieu thereof pursuant to sections 65970 through 65981 of the Government Code of the State of California and this Chapter, the governing board of a school district which operates an elementary or high school shall make the written findings, supported by clear and convincing evidence, required by section 65971 of the Government Code of the State of California and notify the City Council of its findings. The notice to the City Council shall contain all of the following:

1. The findings required by section 65791 of the Government Code of the State of California.

2. A summary of the evidence upon which the findings are based.

3. The reasonable methods of mitigating conditions of overcrowding which have been considered by the school district and any determination made concerning them by the district.

4. The precise geographic boundaries of the overcrowded attendance area or areas.

5. Sufficient evidence on the interim classroom and related facilities needed by the school district and the costs of providing the same so that the City Council can set the fees to be charged to the developer or the applicant for the building permit.

6. A statement that in consideration of the City concurring in the finding of overcrowding the governing board of the school district covenants and agrees at its sole cost and expense to defend and hold harmless the City from all liability, claims, charges, expenses, costs and litigation of whatsoever kind arising out of this Chapter, its sufficiency, legality, related findings, fees schedule, implementation, operation, enforcement, collection or otherwise.

B. Action by City Council: Upon receipt of such notice from a school district, the City Council shall, by resolution, concur in the findings of the school district or state why it does not concur in such findings.

A. Fee Imposed; Alternative Options:

1. When the City Council has concurred in such findings under subsection 8-5-4B of this Chapter, from time to time the Council shall determine the fees payable by a developer by resolution. Thereafter, the Council shall not approve an ordinance rezoning property to a residential use, nor shall the City Council or Planning Commission grant a discretionary permit for residential purposes, nor shall the Planning Commission or City Council approve a tentative subdivision or parcel map for residential purposes, nor shall the City Building Inspector issue a building permit for residential purposes within such area without said decision-making body imposing the fee determined by the Council, as a condition of approval.

2. Notwithstanding the provisions of paragraph 1 above, the City Council may find that there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the Council would benefit the City and justify issuing such an approval without requiring the payment of fees or, may require the dedication of land in subdivisions containing more than fifty (50) parcels.

3. Notwithstanding the provisions of paragraph 1 above, a builder of a residential development may exercise the option of providing interim facilities at his or her expense at a place designated by the school district in lieu of paying fees or may enter into any other legally binding agreement with the school district which the school district deems satisfies its needs including, but not limited to, an agreement where temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

B. Amount of Fee or Land Dedication: The fees payable, or dedication of land in lieu thereof, by a developer to a school district shall be determined by resolution of the City Council at or after the time that the Council concurs in the findings of the school district pursuant to subsection 8-5-4B of this Chapter. No dedication of land may be required in subdivisions containing fifty (50) parcels or less. (Ord. 8411, eff. 1-3-85)

Any school facilities fees imposed by resolution and adopted by the Council pursuant to subsection A of this Section shall not exceed the limits set forth in Government Code section 65995. (Ord. 8615, 12-2-86)

C. Appeals: A right to appeal the imposition of fees to the City Council shall be available to developers and/or builders of residential development for those projects which come within the provisions of subsections A2 and A3 of this Section, who shall be apprised of such right at the time that fees are imposed in the manner provided by this Section.

D. Fee Payment and Land Dedication to Comply with Provisions: Any dedication of land, or payment of fees in lieu thereof, shall comply fully with all of the requirements of this Chapter and section 65974 of the Government Code of the State of California. (Ord. 8411, eff. 1-3-85)

A. Notwithstanding any provision of this Chapter to the contrary, if the governing board of any school district within the City exercises its powers pursuant to Government Code section 53080 and levies a fee, charge, dedication or other form of requirement against any development project, as defined in Government Code section 65928, then the provisions of this Chapter, including any fees imposed pursuant hereto, shall not apply and only the fee, charge, dedication or other requirement imposed by the governing board of the school district shall apply.

B. If the governing board of any school district within the City levies a fee, charge, dedication or other form of requirement against any development project within the City, pursuant to the authority conferred by Government Code section 53080, no building permit for said development project shall be authorized or issued by the City except after receipt of written certification by the appropriate school district of compliance or payment by the said development project of the fees, charges or dedications levied by the governing board of the school district.

C. Any development project, as herein defined, for which a final map was approved and construction had commenced on or before September 1, 1986, is subject only to the fees, charges or dedications imposed pursuant to this Chapter. (Ord. 8615, 12-2-86)

When the City Council has determined pursuant to subsection 8-5-5A of this Chapter that the developer shall dedicate real property, pay fees in lieu thereof, or a combination of both, a copy of the determination of the Council shall be sent to the City Building Inspector. The City Building Inspector shall not issue any building permit for construction of a mobile park or residence, nor any permit to relocate a residence, nor any permit to move in a mobilehome pursuant to provisions of this Code, which is subject to said determination by the Council unless he receives proper verification that the required dedication of land and/or payment of fees to the school district has been made. The developer may pay said fees directly to the school district or, at his option, may pay said fees to the City Building Inspector who shall cause the fee to be forwarded to the school district as soon as is practicable but in no event more than forty five (45) days after receipt. It shall be the school district's responsibility to promptly report in writing to the City Building Inspector the receipt of fees collected that are imposed pursuant to this Chapter and receipt of the required dedication of land, if any.

A. Liability: Notwithstanding anything in this Chapter to the contrary, no fee or dedication of land may be imposed hereunder unless and until the City receives a valid and enforceable commitment in writing from the school district that it shall at its sole cost and expense defend, represent, pay and indemnify the City from and for any claim, demand and/or litigation in any way arising out of or relating to this Chapter, its enforcement and operation, the establishment, the amount of and/or collection of fees established hereunder or herefor.

B. Responsibility: It shall be the responsibility of the school district, at its sole cost and expense, to appear and testify at any hearing, including any appeal, relating to the imposition of fees or dedication of land.

This Chapter shall not apply to the following types of projects:

A. Senior citizen housing approved, financed and/or subsidized by the United States Department of Housing and Urban Development, and residential development restricted to adults only; provided, the developer enters into a recordable written agreement with the affected school district that the developer will dedicate land or pay fees in lieu thereof, or a combination of both, when and if such restrictions cease during a period the school district has overcrowded conditions within the attendance area in which the development is located.

B. Conversion of existing apartment buildings to condominiums or a community apartment project, except where such apartment buildings were restricted to "adults only" and said restrictions are removed when conversion takes place.

C. Alterations, remodeling or renovations of existing residences which do not result in additional dwelling units. (Ord. 8411, eff. 1-3-1985)