Lincoln Municipal Code Ch. 15.24 School Overcrowding Mitigation Measures

(a) The ordinance codified in this chapter is enacted under authority of Government Code section 65974 for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development.

(b) The city council declares:

(1) Public education is provided in the city by the Western Placer Unified School District.

(2) From time to time, new residential development may cause overcrowding in one or more schools in the district.

(3) It is necessary that a method be available to provide the district with interim classroom facilities when conditions of overcrowding exist in order that education not be adversely affected.

(Ord. 374B §1, 1980)

In addition to the definitions set forth in section 65973 of the Government Code, the following shall apply:

"Board" means the board of trustees of the district.

"Declaration of impact" means a statement adopted by a board and forwarded to the city council declaring the existence of an impacted school or schools in accordance with the requirements of section 65971 of the Government Code. The declaration of impact shall specify the mitigation measures considered by the district. Mitigation measures to be considered by the district shall include, but not be limited to, the following:

(1) Boundary adjustments;

(2) Double sessions;

(3) Tax overrides;

(4) Bond issues;

(5) Agreements between a subdivider and the district whereby temporary-use buildings will be leased to the district or temporary-use buildings owned by the district will be used.

(Ord. 374B §2, 1980)

A board may, from time to time, adopt a declaration of impact and file it with the city clerk for consideration by the council.

(Ord. 374B §3, 1980)

Upon receipt of a declaration of impact from a board, the city council shall, if it concurs in the findings set forth in the declaration of impact, withhold approval of, or order the appropriate officer, employee or commission within the city to withhold approval of, new residential development within the attendance area of the impacted school or schools pending compliance with Section 15.24.050.

(Ord. 374B §4, 1980)

(a) The city council shall require, as a condition of approval of new development within the attendance area of an impacted school, either the dedication of land, the payment of fees in lieu thereof, or a combination of both in accordance with the provisions of section 65974 of the Government Code.

(b) The decision concerning whether to accept land, fees or an appropriate combination shall be determined after consultation with the concerned board regarding the needs of the district as they relate to the impacted school or schools.

(c) The amount of any fee shall be prescribed by resolution of the council and shall be collected at the time of issuance of a building permit.

(Ord. 374B §5, 1980)

(a) The district shall use the fees and/or land solely to alleviate the conditions of overcrowding within the affected attendance area.

(b) The district shall provide to the city council the schedule and report required by sections 65976 and 65978 of the Government Code.

(Ord. 374B §6, 1980)

Nothing in this chapter shall be read to limit the right of the city council to disapprove new residential development for any lawful reason, including but not limited to the impact that such development may have on a school or schools within a district which cannot be alleviated by the provisions of this chapter.

(Ord. 374B §7, 1980)