Merced Municipal Code Ch. 18.44 School Facilities Dedication

The purpose of thus chapter is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

(Ord. 1235 § l (part), 1978: prior code § 22B.1).

The city council may, from time to time, by resolution, issue regulations to provide for the administration and implementation of this chapter.

(Ord. 1235 § l (part), 1980: prior code § 22B.2).

The city general plan provides for the location of public schools. Where facilities are to be constructed from fees or land required to be dedicated hereunder, or both, they shall be consistent with the general plan.

(Ord. 1280 § 1 (part), 1980: prior code § 22B.3).

A. "Conditions of overcrowding" means that the total enrollment of an attendance area's school or schools, including enrollment from proposed development, exceeds the capacity of such school or schools, within the attendance area, as determined by the governing body of the school district.

B. "Decision making body" means the city council or their designee.

C. "Dwelling unit" means a building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit.

D. "Reasonable methods for mitigating conditions of overcrowding" includes, but is not limited to, concepts such as:

1. The use of relocatable structures, student transportation, and school boundary realignments;

2. The use of available bond or state loan revenues to the extent authorized by law;

3. The use of funds which could be available from the sale of surplus school district real property and funds available from other appropriate sources, as determined by the governing body of affected school districts;

4. Agreements between a subdivider or other developer of residential developments in the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the school district will be used.

E. "Residential development" means a project containing residential dwellings, including mobile homes, of one or more units, or a division of land for the purpose of constructing one or more residential units. Residential development includes, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, a building permit, or any other discretionary permit for new residential use.

(Ord. 1235 § 1 (part), 1980: prior code §§ 22B.4—22B.8).

The governing body of a school district may make a finding supported by clear and convincing evidence 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;

C. No feasible method for reducing such conditions exist. Upon making these findings, the school district must provide the city with written notice of its findings as provided in Section 18.44.070.

(Ord. 1235 § 1 (part), 1978: prior code § 22B.9).

Any notice of findings sent by a school district to the city shall specify:

A. Findings of facts and a summary of the evidence upon which the findings in Section 18.44.060 were based;

B. The mitigation measures and methods, including those listed in Section 18.44.040, considered by the school district in any determination made concerning them by the district;

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

D. Such other information as may be required by a council regulation.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.10).

After receipt of any notice of findings complying with the requirements of Section 18.44.070, the council, if it concurs with such school district findings, shall do so by resolution.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.11).

Within an attendance area, where the council has concurred in a school district's notice of findings that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within such area, unless such decision-making body makes one of the following findings:

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

B. That there are specific, overriding physical, economic, social, or environmental factors, which, in the judgment of the decision-making body, would benefit the city, 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 alternate provision required by Sections 18.44.100 through 18.44.130.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.12).

In an attendance area where the council has concurred as provided in Sections 18.44.060 through 18.44.090 that overcrowding exists, the applicant of a proposed residential development, as a condition of approval, or as a condition for the obtaining of a building permit, shall pay fees, make an equivalent arrangement in lieu thereof, dedicate land, or do a combination thereof, unless excepted as provided in Section 18.44.080(B), as determined by the decision-making body during the hearings and other proceedings on specific residential development applications falling within their respective jurisdictions. Prior to the imposition of the fees, or the dedication of land, or both, it shall be necessary for the decision-making body acting on the application to make the following determination: that the facilities to be constructed, purchased, leased, or rented from such fees or the land to be dedicated, or both, are consistent with the general plan.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.13).

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

(Ord. 1235 § 1 (part), 1980: prior code § 22B.14).

Any requirement imposed pursuant to this chapter shall bear 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 the schools caused by the development.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.15).

The standards for the amount of fees or dedicated land required shall be recommended by the governing board of each school district where a determination has been made pursuant to Section 18.44.070 that conditions of overcrowding exist. Such standards and facts supporting them shall be transmitted to the city council. If the city council concurs with such standards, they shall, until revised, be used by decision-making bodies in situations where dedications of land, or fees, or both, are required as a condition to the approval of a residential development. Nothing in this section shall prevent the city council from establishing and using standards other than those established by the school district in the event that the council does not concur in those transmitted by the district.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.16)

The amount of fee in lieu of land dedication shall be determined by multiplying "A," as derived from Section 18.44.140, by "C," the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 18.44.140. Fair market value shall be determined as of the time of the issuance of the building permit in accordance with the development approved in that permit, in accordance with the following:

A. The city shall determine the fair market value of the property;

B. If the developer objects to the city's determination, the city shall select a qualified appraiser to appraise the property at the developer's expense;

C. If the city is dissatisfied with the appraisal, it may hire an appraiser at its expense to appraise the property, and fair market value shall be based on the average of the three appraisals provided in this section.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.17).

The amount of land to be dedicated shall be based upon the following formula:

A = S.P.S. × D.F. × D.U., where:

A is the area in acres required to be dedicated or to be approved for fee payment in lieu of dedication.

S.P.S. is the fraction of an acre required for one student, as determined by relevant law or the school district(s).

D.F. is the density factor obtained from this chapter as applicable to the proposed development.

D.U. is the number of dwelling units in the residential development.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.18).

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

(Ord. 1235 § 1 (part), 1980: prior code § 22B.19).

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 council shall order such land returned.

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

(Ord. 1235 § 1 (part), 1980: prior code § 22B.21).

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

(Ord. 1235 § 1 (part), 1980: prior code § 22B.20).

Following concurrence by the council pursuant to Section 18.44.080, the city clerk shall notify each school district affected. The governing body of the school district shall then submit a schedule specifying how it will use the fees or land, 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.

(Ord. 1235 1 (part), 1980: prior code § 22B.22).

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

(Ord. 1235 § 1 (part), 1980: prior code § 22B.23).

If two separate school districts operate schools in an attendance area where the council concurs that overcrowding conditions exist for both school districts, the council will enter into an agreement with the governing body of each school district for the purpose of determining the division of revenues from the fees levied pursuant to this chapter.

(Ord. 1235 § l (part), 1980: prior code § 22B.24).

Any school district receiving funds or land pursuant to this chapter shall maintain a separate account for any fees paid and disposition of land received, and shall file a report with the council on the balance and 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. The report shall be filed by August 1st of each year, and shall be filed more frequently at the request of the council.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.25).

When it is determined by the city council that conditions of overcrowding no longer exist in an attendance area, decision-making bodies shall cease imposition of any requirements under this chapter.

(Ord. 1235 § 1 (part), 1980: prior code § 22B.26).