Orange Cove Municipal Code Ch. 15.24 Interim School Facilities Fee

This chapter shall be known and may be cited as the "school facilities fee ordinance."

(Ord. 230 § 1(part), 1983: prior code § 11-2-1701)

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

(Ord. 230 § 1(part), 1983: prior code § 11-2-1703)

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

(Ord. 230 § 1(part), 1983: prior code § 11-2-1702)

As used in this chapter:

"Approve a residential development" means for any residential development:

1. To grant a building permit;

2. To improve or recommend approval of a tentative, final or parcel map for a subdivision of land; or

3. To grant or recommend the granting of a variance, special use permit or planned development permit;

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

"Decision making body" means the city council, planning commission, and such other board, commission, office or official as may be authorized or empowered to approve or make recommendations for approval of any residential development.

"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. Dwelling unit shall not mean room additions to existing residential structure.

"Reasonable methods of mitigating conditions of overcrowding" shall include but are not limited to concepts such as:

1. Agreements between a developer and the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district of temporary-use buildings owned by the developer or school district will be used;

2. The use relocatable structures, student transportation, classroom double sessions, year-round school programs, school boundary realignments, and elimination of low priority school facility uses;

3. The use of available tax, and bond, and other revenue procedures, to the extent authorized by law;

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.

"Residential development" means:

1. The construction of one or more nonmobile home dwelling units;

2. The construction of a mobile home park;

3. The subdivision of real property for the purpose of converting existing structure or part thereof pursuant to a variance, special use permit, planned development permit or other discretionary planning permit.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1706)

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 general plan.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1705)

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

(Ord. 230 § 1(part), 1983: prior code § 11-2-1704)

Pursuant to Government Code Sections 65970 et seq., the governing board of a school district operating an elementary or high school may, with respect to any of its attendance areas located in whole or in part within the incorporated territory of the city make and file with the city council written findings supported by clear and convincing evidence that:

A. Conditions of overcrowding exist in the school or schools of such attendance area which will impair the normal functioning of educational programs, including the reasons for such conditions existing; or

B. All reasonable methods for mitigating conditions of overcrowding have been evaluated, and no feasible method for reducing such conditions exists.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1707)

Findings filed pursuant to Section 15.24.070 shall contain the following:

A. A precise description of the geographic boundaries of the attendance areas to which the findings relate;

B. A list of the mitigation measures evaluated by the governing board of the school district and a statement of the reasons why such measures were found to be infeasible;

C. A summary of the evidence upon which such findings were based; and

D. Such other information as may be required by regulations adopted by the city council pursuant to this chapter.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1708)

After receipt of findings complying with the requirements of this chapter, the city council shall, by resolution, either concur in or reject such findings. Such findings may be rejected only if the council determines that such findings are not supported by the weight of the evidence. At any time it has concurred in or rejected such findings, the council may reconsider the matter.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1709)

Any school district which files findings shall also file with the city council a schedule specifying how the school district will use fees or land received by it pursuant to this chapter to solve the conditions of overcrowding. The schedule shall include the school sites to be used, and classroom facilities to made available, and the time when such facilities will be available. If the school district cannot meet the schedule, it shall file modifications with the city council together with a statement of the reasons for the modifications.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1710)

After receipt of the schedule, the city council shall, by resolution, determine whether the facilities and land use specified in such schedule are consistent with the general plan.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1711)

Within any attendance area where it has been determined pursuant to this chapter that conditions of overcrowding exist, no decision-making body shall approve a residential development unless such decision-making body first determines one of the following:

A. That the school district has entered into an agreement with the applicant or some other person which provides a feasible means for mitigating any aggravation of such conditions of overcrowding which would be caused by the residential development;

B. Where the application is for a building permit, that the applicant has paid the school fees as required by this chapter;

C. Where the application is for an approval which does not include the grant of a building permit, that such approval is conditioned upon the payment of school fees pursuant to this chapter; or

D. That there are specific, overriding physical, economic, social or environmental factors which justify approval of the residential development without requiring the payment of fees which would otherwise be required pursuant to this chapter.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1712)

Every person, carrying out a residential development in an area where school overcrowding has been determined to exist, shall pay a facilities fee for each student generated by the development. The amount of the facilities fee per student shall be set by resolution of the city council after consultation with the affected school districts, and shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary, junior high and high school facilities and shall be reasonably related and limited to the need for schools caused by the residential development. However, fees shall not exceed the amount necessary to pay five annual lease payments for interim facilities prorated per student. The fee shall be paid at the time of the issuance of a building permit, or when none is required, before occupancy of an existing structure as a condominium or for residential purposes.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1713)

A. Student population density for the purpose of this chapter shall be determined by resolution of the city council based upon the number of students reasonably expected to be housed in each dwelling unit in the development.

B. The number of dwelling units shall be determined by reference to the building permit or map permitting conversion of existing structures to residential use.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1714)

A. Upon agreement by the developer, the city, and the affected school district, a developer may dedicate land in lieu of paying the fees required by this chapter. The fair market value of the land so dedicated shall be equivalent to the amount of fees otherwise required.

B. The developer may, at his option and expense, provide interim facilities meeting the standards and at a location established by the affected school district. The developer shall remove such facilities at the conclusion of the fifth school year at his expense unless the developer and the school district agree that such facilities may remain.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1715)

A. The fees collected pursuant to this chapter shall be remitted to the school districts to be expended as required by this chapter.

B. The fees or land, or both, shall be used by the school districts in accordance with the requirements of Chapter 4.7, Division 1, Title 7 of the Government Code.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1716)

A. Any school district receiving funds pursuant to this chapter shall maintain a separate account for any fees received and shall file a 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 of each year and shall be filed more frequently at the request of the city council.

B. If overcrowding conditions no longer exist, the city shall cease levying fees pursuant to this chapter for residential development in that attendance area.

(Ord. 230 § 1(part), 1983: prior code § 11-2-1717)