Nevada City Municipal Code Ch. 16.12 Interim School Facilities

The purpose of this chapter is to provide a method for having interim school facilities necessitated by new residential developments causing conditions of overcrowding. This chapter is enacted pursuant to Government Code Sections 65970 et seq.

(Ord. 86-3 § 1, 1986)

When the city council has concurred with a school district's findings that conditions of overcrowding exist in a particular attendance area, no development approval shall be granted for residential development within that attendance area without the dedication of land or payment of fees, or a combination of both, for interim elementary and high school purposes; however, development approval may be granted without the dedication of land or payment of fees if in the judgment of the city council there are specific overriding fiscal, economic, social or environmental factors which would benefit the city and justify the approval of a residential development otherwise subject to this chapter.

(Ord. 86-3 § 2(A), 1986)

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

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

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

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

D. The rebuilding of an historical building recognized, acknowledged and designated as such by the planning agency;

E. Adults-only residential housing funded by the state or federal government.

(Ord. 86-3 § 2(B), 1986)

The total land area required to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by Section 16.12.060 of this chapter. The planning commission shall determine and establish the monetary value of the land area for the purpose of this chapter.

(Ord. 86-3 § 2(C), 1986)

Only the payment of fees may be required for the approval of a subdivision map containing fifty parcels or less.

(Ord. 86-3 § 2(D), 1986)

When fees are required to be paid in lieu of or in combination with land dedication, the amount of the fees shall be three hundred eighty-two dollars for temporary interim facilities, payable on account of the Nevada Union High School District, for each residential dwelling; however, the value of the land to be dedicated or the amount of the fee to be paid, or both, shall not exceed the amount necessary to pay five annual lease payments for the interim facilities.

(Ord. 86-3 § 2(E), 1986)

Any legally enforceable agreement existing between an affected school district and a developer pertaining to the dedication of land and/or payment of fees for school facilities shall be recognized by the planning commission and shall be considered by it as satisfying the requirements of this chapter.

(Ord. 86-3 § 2(F), 1986)

At the time of filing an application for development approval for a development located in an attendance area where the city council has concurred in a finding of overcrowded conditions, the applicant shall indicate whether he prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof, or to do a combination of these. If the applicant prefers to dedicate land, he shall suggest the specific land.

(Ord. 86-3 § 3(A), 1986)

At the time of granting development approval, the planning commission shall decide whether to require a dedication of land within the development, a payment of a fee in lieu of dedication, 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 school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development.

(Ord. 86-3 § 3(B), 1986)

A. When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in Chapter 16.04 of this title for streets and public easements.

B. Dedicated land must be used for classroom and related facilities as a condition of the approval of the proffered land.

(Ord. 86-3 § 3(C), 1986)

If the payment of a fee is required, payment shall be made at the time the building permit is approved and issued. Payment of the appropriate fee shall be transferred by the city to the district for which the fee is payable.

(Ord. 86-3 § 3(D), 1986)

All land and fees collected under this chapter and transferred to a school district may be used only for the purpose of providing school classroom and related facilities.

(Ord. 86-3 § 4(A), 1986)

A. A school district receiving funds or land under this chapter shall maintain a separate account for the fees received.

B. The district shall file a report with the city council on the balance in the account at the end of the fiscal year, and the facilities leased, purchased or constructed during the 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 October 15th of each year or more frequently at the request of the city council.

(Ord. 86-3 § 4(B), 1986)

When it is determined that overcrowding conditions no longer exist in an attendance area, the city council shall cease levying the fee or requiring the dedication of land under this chapter for the area.

(Ord. 86-3 § 4(C), 1986)