Chapter 32E — SCHOOL FACILITIES MITIGATION

This chapter shall be known and may be cited as the "School Facilities Mitigation Chapter."

(Ord. No. 91-34, § 1, 7-24-91)

The purpose of this chapter is to ensure that adequate educational facilities are available concurrently with new development resulting from legislative action which increases the intensity of residential land uses.

(Ord. No. 91-34, § 1, 7-24-91)

Whenever the following words are used in this chapter, they shall have the meaning ascribed to them in this section.

(1)

Facilities and equipment means any capital facilities and equipment used by a school district for the expansion, construction, or reconstruction of school facilities, including land acquisition.

(2)

Legislative action for the purpose of this chapter means any of the following actions when such actions increase the intensity or base density of residential uses:

a.

Adoption of a rezone.

b.

Adoption of a specific plan or specific plan amendment.

c.

Adoption of a general plan or general plan amendment.

(3)

School district means any local agency offering kindergarten through twelfth grade public instruction within the City of Oceanside.

(4)

Beneficiary of the legislative action means the developer or applicant proposing the legislative action for the purpose of allowing a particular development project.

(Ord. No. 91-34, § 1, 7-24-91)

The City Council of the City of Oceanside finds and declares as follows:

(1)

Sufficient, adequate school facilities should be available to serve new development.

(2)

City review of proposed legislative action provides the opportunity to ensure that adequate school facilities are available when needed.

(3)

In school districts in the city, sufficient funds are not available for the expansion or construction of school facilities and the purchase of educational equipment necessitated by increased enrollment. Any city legislative actions that increase the impact on schools would further exacerbate funding problems.

(4)

The public health and safety and the general welfare of the community and all its citizens are negatively affected by a lack of facilities sufficient to provide for the education of person[s] in the City of Oceanside.

(5)

Mitigation of legislative action impacts on school facilities is consistent with the intent and policies contained in the land use element and community facilities element of the general plan.

(6)

City involvement is necessary to alleviate legislative action impacts on existing education facilities and equipment.

(Ord. No. 91-34, § 1, 7-24-91)

Prior to approving any legislative action increasing the intensity of residential uses, the council shall by resolution make one of the following findings:

(1)

Each of the affected school districts has certified that the proposed legislative action will have no impact on existing educational facilities and equipment.

(2)

Each of the affected school districts has certified that a binding agreement has been signed between the beneficiaries of the legislative action and the school district. The binding agreement shall ensure an equitable and timely method of providing the educational facilities and equipment required to serve the development to be permitted by the legislative action and shall be based on the affected school districts' documentation of the respective impacts of the future development.

(3)

Each of the affected school districts has certified that school fees collected pursuant to the California Government Code or other state or local regulation are sufficient to mitigate the impact on educational facilities and equipment.

(4)

In the case of a city initiated legislative action or rezone, the council may make findings that there are specific overriding fiscal, economic, social, or environmental factors that in the judgment of the council would benefit the residents of the City of Oceanside, thereby justifying the approval of the legislative action without the findings listed above in subsections (1), (2) and (3).

(Ord. No. 91-34, § 1, 7-24-91)

The responsibility for negotiating the binding agreement between the school district and the beneficiaries of the legislative action shall be solely borne by those parties. The city's only responsibility will be to make the findings detailed in section 32E.5.

(Ord. No. 91-34, § 1, 7-24-91)

The provisions of this chapter shall not be applicable to the downtown redevelopment project area.

(Ord. No. 91-34, § 1, 7-24-91)