National City Municipal Code Ch. 4.34 School Facilities Dedication and Fees

This chapter shall be known and may be cited as the "School Facilities Dedication and Fee Ordinance."

(Ord. 1622 Ch. 1 § 1, 1978)

This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code.

(Ord. 1622 Ch. 1 § 2, 1978)

This chapter is intended to implement the school facilities dedication and fees legislation of Chapter 4.7 of the California Government Code within the city and to provide authority whereby the city, affected school districts and applicants for land development approvals are aware of the requirements imposed.

(Ord. 1622 Ch. 1 § 4, 1978)

As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

A. "Conditions of overcrowding" means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district.

B. "Dwelling unit" is defined as all single-family residences, residential duplexes, apartment houses, condominiums, townhouses, and mobile homes, except that no school fee shall be levied upon residential condominiums limited to adults only, senior citizen housing projects, institutional residences, hotels, motels and hospitals.

C. "Reasonable methods for mitigating conditions of overcrowding" shall include, but are not limited to the following:

1. Agreements between a subdivider and the affected school district whereby temporary use buildings will be leased to the school district or temporary use buildings owned by the school district will be used.

2. The use of temporary portable classrooms, student bussing, classroom double sessions, year-round use of school facilities, school boundary realignments, and elimination of low priority school facility uses.

3. The use of available annual tax rate and bond revenues.

4. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

D. "Residential development" means a project containing residential dwellings of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units, including a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, or any other permit for residential use, any of which leads to the construction of a "dwelling unit" as defined in this section.

(Ord. 1888 § 1, 1986: Ord. 1704 §§ 1, 2, 1980; Ord. 1622 Ch. 2 § 2, 1978)

The city council may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and land policy direction for this chapter.

(Ord. 1622 Ch. 1 § 5, 1978)

The city council finds and declares as follows:

A. Adequate school facilities should be available for children residing in new residential developments;

B. Private residential developments may require the expansion of existing public schools or the construction of new school facilities;

C. In many areas of the city, the funds for the construction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools;

D. New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time;

E. That, for these reasons, new and improved methods of financing for interim school facilities necessitated by new development are needed in National City.

(Ord. 1622 Ch. 1 § 6, 1978)

The National City general plan provides for the location of public schools. Interim school facilities to be constructed from fees paid shall be consistent with the general plan.

(Ord. 1622 Ch. 1 § 7, 1978)

If the governing body of a school district which operates an elementary or high school in the city makes a finding supported by clear and convincing evidence that: (1) 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; and (2) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists, the governing body of the school district shall notify the city council. The notice of findings sent to the city shall specify the mitigation measures considered by the school district. After the receipt of any notice of findings complying with this section, the council shall determine whether it concurs in such school district findings. The council may schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination. If the city council concurs in such findings, the provisions of Section 4.34.110 shall be applicable to actions taken on residential development by such council.

(Ord. 1622 Ch. 3 § 1, 1978)

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

A. The findings listed in Section 4.34.080;

B. The mitigation measure and methods, including those listed in Section 4.34.040(C), considered by the school district and 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 council regulation.

(Ord. 1622 Ch. 3 § 2, 1978)

Within the attendance area where it has been determined pursuant to Section 4.34.080 that conditions of overcrowding exist, the city shall not grant any permit for residential development or use, or approved a tentative subdivision map for residential purposes within such area, unless the city council makes one of the following findings:

A. That action will be taken pursuant to this chapter to provide dedications of land and/or fees to mitigate conditions of overcrowding; or

B. That there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the city council would benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this chapter.

(Ord. 1888 § 2, 1986: Ord. 1622 Ch. 3 § 3, 1978)

For the purpose of establishing an interim method of providing classroom facilities where overcrowding exist as determined necessary pursuant to Section 4.34.060, the city may require the payment of fees as determined by the planning commission or the city council during the hearings for specific residential development projects as a condition to the approval of a residential development. Prior to imposition of the fees or dedications of land, it shall be necessary for the city council or the planning commission to make the following findings:

A. The general plan provides for the location of public schools;

B. The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities;

C. The amount of fees to be paid shall bear a 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 schools caused by the development;

D. The facilities to be constructed from such fees is consistent with the general plan.

(Ord. 1622 Ch. 4 § 1, 1978)

A. General Standards. The amount of fees to be paid shall bear a 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 schools caused by the development.

B. The following schedule of fees shall be followed for payment of school fees to the National School District and the Sweetwater Union High School District:

The required fees shall be paid for each new residential dwelling unit to each school district. Fees shall not be required for construction of a new dwelling unit that is replacing an existing dwelling unit.

(Ord. 1888 § 3, 1986: Ord. 1622 Ch. 4 § 2, 1978)

Following the decision by the city to require the payment of fees, and no later than thirty days thereafter, and prior to the levying thereof, 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 times 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. 1622 Ch. 4 § 3, 1978)

A. School fees, as stipulated in Section 4.34.120, shall be paid directly to the National School District and the Sweetwater Union High School District prior to issuance of building permits for any new dwelling unit in the city. Proof of payment in the form of a letter of availability and/or a school service availability letter from each of the respective school districts shall be submitted to the building department prior to issuance of a building permit, or as stipulated in Section 18.88.060.

B. Applicants for building permits for new dwelling units that are replacing existing dwelling units will not be required to pay school fees.

(Ord. 1888 § 4, 1986: Ord. 1622 Ch. 4 §§ 4, 5, 1978)

All fees, collected pursuant to this chapter and Section 18.88.060 shall be used only for the purpose of providing interim elementary or high school classroom and related facilities.

(Ord. 1888 § 5, 1986: Ord. 1622 Ch. 5 § 1, 1978)

Where two separate school districts operate schools in an attendance area where the city 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 distribution of revenues from the fees levied pursuant to this chapter.

(Ord. 1622 Ch. 5 § 2, 1978)

As a condition of the collection of fees, any school district receiving funds pursuant to this chapter shall maintain a separate account for any fees paid and shall file an annual 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.

(Ord. 1622 Ch. 5 § 3, 1978)