Modesto Municipal Code Art. 2 School Site and Facilities Fees

(Former Art. 2, §§ 8-1.201—8-1.208, added by Ord. 2093-C.S. (Emergency), § 1, and Ord. 2094-C.S., § 1; new Art. 2, § 8-1.201—8-1.212, added by Ord. 2438-C.S., § 1, effective 9-13-86)

The Council of the City of Modesto hereby finds and declares:

(a) That the continued growth of the City of Modesto with its attendant increase in number of school age children, has created financial problems in the school districts in the City of Modesto in terms of capital outlays for school sites and building construction.

(b) That traditional capital revenue sources such as bonds and the State School Building Fund are not providing sufficient revenue to meet the capital expenditure needs of the school districts.

(c) That the needs of the school districts are critical and that provision for additional school sites and facilities is required for the public health, safety and welfare of the people of the City of Modesto.

(d) That the purpose of this fee is to provide an additional source of revenue for school site acquisition and improvement and buildings in the school districts so that complete school sites and facilities can be provided.

(e) That the fees required to be paid hereby are assessed pursuant to the police power of the City of Modesto and solely for the purpose of producing funding and not for the purpose of regulating school district management.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

Except where the context otherwise requires, the definitions given in this section govern the construction of this article.

(a) The term "developer" includes every person, firm or corporation seeking a building permit to construct or install a new dwelling unit or mobile home space, either directly or through the services of any employee, agent, or independent contractor.

(b) The term "dwelling unit" includes each single-family dwelling and each unit of a multiple-unit dwelling structure designed as a separate habitation for one (1) family.

(c) The term "mobile home space" includes each space in a mobile home park designed to be used for parking a mobile home on a temporary, semipermanent or permanent basis.

(d) The term "multiple-unit dwelling structure" means:

(1) A building designed for and/or occupied by two (2) or more families, each such family having its own separate dwelling unit within the building, whether such unit be a condominium, apartment or other type of unit.

(2) All senior citizens housing projects which legally exclude residents less than sixty-two (62) years of age.

(e) The term "School Districts" includes all elementary school districts and The Modesto High School District of Stanislaus County located in whole or in part within the City of Modesto.

(f) The term "single-family dwelling unit" means a detached building designed for or occupied by one (1) family except for any such building which is a part of a senior citizen housing project which legally excludes residents less than sixty-two (62) years of age.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

The fees imposed pursuant to this article shall be applicable to every new dwelling unit or mobile home space constructed or installed in the City of Modesto.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

(a) The fees imposed by this article shall not be applicable to those lots on which a dwelling unit was previously situated but which was destroyed by fire or other natural disaster, or which was removed or demolished, provided:

(1) That permit to rebuild is obtained within one (1) year of the dwelling unit's or units' destruction, demolition or removal.

(2) That the permit to rebuild is obtained by the owner of record as of the date of the dwelling unit's or units' destruction, demolition or removal.

(3) That the exemption will apply only to the extent that the permit to rebuild is for the same number or fewer dwelling units as previously existed. The taxes imposed by this article shall be applied to the extent that the permit is for more units than previously existed.

This exemption shall apply retroactively to any dwelling unit destroyed, removed, or demolished on or after the effective date of this article [September 13, 1986]. Any person claiming this exemption shall have the burden of establishing his eligibility for such exemption to the satisfaction of the Chief Building Official.

(b) In cases where a developer has previously made binding commitments to furnish school districts with funds or other resources, that developer may be partially or totally exempted from fees for some dwelling units or mobile home spaces in the following cases:

(1) If on the date this ordinance [article] takes effect a developer of dwelling units or mobile home spaces can demonstrate to the satisfaction of the City's Chief Building Official that he has written agreements with all the school districts in which the units or spaces are located and all of these agreements:

(aa) Provide funding and/or temporary or permanent classroom facilities and/or land for the sites thereof; and

(bb) Do not contain a term or terms that provide for the automatic termination of the agreement in the event of the City's enactment of a school site and facilities fee.

Then that developer shall be exempt from paying the fees described in Section 8-1.205 (and set by Council resolution) for those dwelling units and spaces covered by the agreements.

(2) If on the date this ordinance [article] takes effect a developer of dwelling units or mobile home spaces can demonstrate to the satisfaction of the City's Chief Building Official that he has written agreements with one (1) or more, but less than all of the schools districts in which the units or spaces are located, then that developer of said units shall be exempt from paying a portion of the fees described in Section 8-1.205 to the following extent:

(aa) With regard to each agreement with a school district which meets the conditions contained in both Section 8-1.204(b)(1)(aa) and Section 8-1.204(b)(1)(bb), said agreement shall exempt the developer from paying, for those units or spaces covered by the agreement, that portion of the fees described in Section 8-1.205 and set by Council resolution, as said resolution provides would otherwise be disbursed to that district from the total fees collected for those units or spaces.

(bb) With regard to each agreement with a school district which fails to meet either of the requirements set forth in Section 8-1.204(b)(1)(aa) and Section 8-1.204(b) (1)(bb), said agreement shall have no effect upon the developer's obligation to pay the fees described in Section 8-1.205 and set by Council resolution.

(3) Developers will be exempt from the school site and facilities fees in the following cases where dwelling units or mobile home spaces are located within a Mello-Roos District (created pursuant to the Mello-Roos Community Facilities Act of 1982 contained in Sections 53311 through 53343 of the Government Code) that provides revenue to the local school district(s):

(aa) If prior to the issuance of a building permit the developer of residential units or mobile home spaces can demonstrate to the satisfaction of the City's Chief Building Official that the lots or parcels upon which the dwelling units or mobile home spaces are to be constructed or installed are part of a Mello-Roos district or districts which has or have provided each of the school districts in which the units or spaces are located with an amount of revenue which is no less than that which each such district would receive if school site and facilities fees in the amount set by Council resolution were collected and distributed amongst the districts in accordance with such resolution, then the developer shall be exempt from having to pay the school site and facilities fees for the units or spaces located in the Mello-Roos district(s).

(bb) If the developer of a residential subdivision is able to demonstrate to the satisfaction of the City's Chief Building Official (prior to the issuance of a building permit) that the lots or parcels upon which the dwelling units or mobile home spaces of the subdivision are to be constructed or installed are part of a Mello-Roos district providing revenue to only one (1) of the districts but in an amount no less than that which would be received by that district if school site and facilities fees in the amount set by Council resolution were collected and distributed among the districts in accordance with such resolution, then the developer of said units or spaces shall be exempt under this section only from paying that portion of the fees as would otherwise be distributed to the school district receiving Mello-Roos funds had there been no exemption whatsoever from the amount of fees set by Council resolution.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

Every person constructing or installing any new dwelling unit or mobile home space in the City of Modesto shall be required to pay a school impact fee:

(a) All single-family dwelling units to be constructed or installed shall be subject to a fee to be established by the Council by resolution.

(b) All units contained in multiple-unit dwelling structures shall be subject to a fee equal to sixty (60) per cent of that set for single-family dwelling units. Said amount shall be specified in dollar terms in the same council resolution establishing the fee amount for single-family dwelling units.

(c) Mobile home spaces shall be subject to a fee equal to that established for units contained in a multiple-unit dwelling structure and shall also be specified in dollar terms in the same council resolution establishing the fee amount for single-family dwelling units.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

All fees described in Section 8-1.205 shall be collected prior to issuance of any building permit, except single-family residential fees. Single-family residential fees shall be collected prior to issuance of any Certificate of Occupancy, for a period of one (1) year from the date this ordinance goes into effect.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

(Amended by Ord. 3501-C.S., § 1, effective 2-27-09)

A fund is hereby created for financing school sites and facilities in the City of Modesto.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

Such fund shall be known as the "School Site and Facilities Fund."

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

All moneys received by the City of Modesto from school site and facilities fees collected pursuant to Sections 8-1.205 and 8-1.206 shall be placed in said fund.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

(a) All moneys in said fund shall be used only for the following purposes:

(1) Purchase of land for sites for elementary, junior high (senior elementary), or high schools.

(2) Construction, purchasing or leasing of classroom buildings and of on-site facilities necessary to support an elementary, junior high (senior elementary) or high school.

(3) School site improvements.

(b) Each district, within ninety (90) days of the end of that district's fiscal year, shall, through the district's Chief Financial Officer, certify to the Clerk of the City of Modesto that all money received by said district from the City's School Site and Facilities Fund has been expended in compliance with the requirements set forth in Section 8-1.210(a).

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

Each school district as a condition of receiving moneys from the School Site and Facilities Fund shall enter into an agreement with the City of Modesto including an indemnity provision in a form to be approved by the City.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)

(a) All funds collected from developers of dwelling units and mobile home spaces shall be disbursed only to districts within which the units or spaces are located.

(b) The amounts to be disbursed to each district shall be set by Council resolution.

(c) All disbursements shall be made on a monthly basis.

(Added by Ord. 2438-C.S., § 1, effective 9-13-86)