Lodi Municipal Code Art. III Procedure and Requirements

The governing body of a school district which operates, in whole or in part, within the city may at any time, pursuant to Government Code Section 65971, notify the city council that it has found that:

A. Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing;

B. All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

C. No feasible methods for reducing such conditions exist. Such notification shall remain in effect until withdrawn in writing by the governing body of the school district.

(Prior code § 19A-3A)

The notice shall be in writing and shall set forth the clear and convincing evidence upon which such findings are based. It shall specify:

A. The findings listed in Section 15.48.130;

B. The findings of fact and a summary of the evidence upon which the findings in Section 15.48.130 were based;

C. The mitigation measures and methods, including those listed in Section 15.48.110, considered by the school district in any determination made concerning them by the district;

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

E. Such other information as may be required by council regulation.

(Prior code § 19A-3B)

Upon receipt of a notice as described in Section 15.48.130, the city council shall schedule and conduct a public hearing on the notification for the purpose of allowing interested parties to comment on the matter. Following such hearing, the city council shall determine whether it concurs in such finding. If the city council concurs, it shall by resolution designate the school as an overcrowded school.

(Prior code § 19A-3C)

Within the attendance area where it has been determined pursuant to Section 15.48.150 that conditions of overcrowding exist, the city's planning agency shall not thereafter approve a residential development as defined in Section 15.48.200 unless the planning agency makes one of the following findings:

A. That pursuant to this chapter, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant and the school district for a residential development to mitigate the conditions of overcrowding within that attendance area; or

B. There exist specific overriding fiscal, economic, social or environmental factors which, in the judgment of the city planning agency, would benefit the community as a whole, thereby justifying the approval of a residential development otherwise subject to the provisions of this chapter without requiring the payment of fees or the dedication of land or other alternative provisions of this chapter.

(Prior code § 19A-3D)

Residential developments shall be exempt from the requirements of this chapter when they consist only of the following:

A. Any modification or remodeling of an existing legally established dwelling unit that does not create an additional dwelling unit;

B. The proposed development is located within a redevelopment area designated by a redevelopment agency pursuant to the Community Redevelopment Law, Health and Safety Code Section 33000; or

C. A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;

D. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;

E. Any rebuilding of an historical building recognized, acknowledged and designated as such by the planning agency.

(Prior code § 19A-3E)

Following the decision of the city to require the dedication of land or the payment of fees, or both, the governing body of the school district shall submit a schedule specifying how it 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 time when such facilities will be available. In the event 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.

(Prior code § 19A-3F)

At the time of filing an application for the approval of a proposed residential development located in an attendance area where the council has concurred with the findings of the school district as provided in this chapter, the applicant shall, as part of such filing, indicate whether he prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof or do a combination of these. If the applicant prefers to dedicate land, he shall describe the specific land.

(Prior code § 19A-3G)

At the time of initial residential development or building permit approval, the planning agency shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the agency shall consider the following factors:

A. Whether lands offered for dedication will be consistent with the general plan;

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

C. Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development;

D. Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

E. If only a subdivision is proposed, whether it will contain fifty parcels or less.

(Prior code § 19A-3H)

When the dedication of land is required, the developer shall make a written offer of dedication to the affected school district, which shall then have thirty days in which to formally accept or reject the offer. If the school district rejects the offer of dedication, it shall notify the city council in writing of its reasons for so doing. The city council shall then determine whether to assess fees in lieu of dedication or require the dedication of other land within the proposed development. If the school district takes no action within thirty days of receiving the written offer, such offer shall be deemed to have been rejected.

(Prior code § 19A-3I)

If the payment of fees is required, such payment shall be made at the time the building permit is issued. Only the payment of fees may be required in subdivisions or developments containing fifty parcels or less.

(Prior code § 19A-3J)

A. 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 need for interim school facilities caused by the development. The location of land to be dedicated shall be consistent with the city's general plan.

B. The council shall by resolution establish the amount of fees to be paid when required pursuant to the terms of this chapter. The rate for mobile homes shall be established by dwelling unit. The rate for all other dwelling units shall be established on a per bedroom basis. Any room designed for sleeping which has a closet is a bedroom for the purposes of this chapter. The total land area required to be dedicated pursuant to this chapter shall be at least equal in monetary value to the fees which would be otherwise required. The planning agency shall determine and establish the monetary value of land area for the purposes of this section.

(Prior code §§ 19A-4A, 19A-4B)

All land or fees, or both, collected pursuant to this chapter and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom or related facilities.

(Prior code § 19A-5A)

Any school district receiving funds pursuant to this chapter shall remain a separate account for any fees paid 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 by August 1st of each year and shall be filed more frequently at the request of the city council.

(Prior code § 19A-5B)

If overcrowded conditions no longer exist, the city shall cease levying any fee or requiring the dedication of any land pursuant to this chapter.

(Prior code § 19A-5C)

The governing body of each school district shall, no later than May 1st of each year, determine the capacity of each school in the district and project the enrollment expected in each school for the next succeeding school year. This information shall be kept on file at the district offices and shall be made available to the public pursuant to the Public Records Act. The determination of capacity shall set forth the formulas or other methods employed by the governing body in making its determination.

(Prior code § 19A-5D)