Orange Cove Municipal Code Ch. 15.28 Permanent School Facilities Fee

The purpose of this chapter is to provide a method for financing permanent school facilities necessitated by permanent conditions of overcrowding caused or contributed to by new residential developments where state school fee legislation is inadequate to do so.

(Ord. 231 § 1(part), 1983: prior code § 11-2-1801)

Where educational facilities are to be constructed from fee or land required to be dedicated hereunder they shall be consistent with the general plan of the city.

(Ord. 231 § 1(part), 1983: prior code § 11-2-1803)

For the purposes of this chapter:

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

1. To grant a building permit;

2. To approve 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; or

4. Grant or recommend the granting of an extension of time for any of the above.

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

"Developer" means any person requesting approval of a new residential development, or a time extension on a conditional approval of a new residential development.

"District" means any school district having jurisdiction of an attendance area which could be affected by pupils projected for a new residential development, or any board, officer, or employee designated by such district to make the recommendations and determinations required by this chapter.

"Dwelling units" means a building or portion thereof, or a mobile home, designated 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 structures.

"Permanent condition of overcrowding" means the total enrollment of a school attendance area, including enrollment from the new residential development, exceeds the capacity of such school attendance area as determined by the governing body of the district, which condition is likely to last permanently.

"Residential development" means any of the following:

1. The construction of one or more dwellings;

2. The construction of a mobile home park;

3. The subdivision or rezoning of real property for purpose of the construction specified in subdivisions 1 and 2 of this subsection or for the purpose of converting existing multiple family structures to condominium or stock cooperative ownership;

4. The conversion to a residential use of an existing structure or part thereof pursuant to a variance, special use permit, planned development permit or other discretionary planning permit.

(Ord. 231 § 1(part), 1983: prior code § 11-2-1804)

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

(Ord. 231 § 1(part), 1983: prior code § 11-2-1802)

Whenever an application for a new residential development contains a certification from the district stating that the residential development would cause or contribute to a permanent condition of overcrowding of any school(s) of the district, the decision-making body upholds the district's determination unless it is not supported by substantial evidence. If the decision-making body upholds the district's determination, it shall only approve the application for new residential development if it finds that the developer has made an adequate contribution to the district to provide permanent educational facilities for the pupils projected for the developer's new residential development. If the decision-making body does not uphold the district's deterioration, nothing in this chapter precludes the decision-making body from requiring compliance with Chapter 15.24. The provision of this chapter shall be waived if the decision-making body finds that there are specific overriding fiscal, economic, social, or environmental factors which, in the judgment of the decision-making body, would benefit the city, thereby justifying the approval of a new residential development otherwise subject to the provisions of this chapter.

(Ord. 231 § 1(part), 1983: prior code § 11-2-1805)

In determining the contribution to the district which is required from a developer pursuant to the provision of this chapter, the decision making body shall consult with the district. The contribution shall have a reasonable relationship to the permanent educational facilities required to provide adequate educational facilities to the pupils projected for the new residential development.

(Ord. 231 § 1(part), 1983: prior code § 11-2-1806)

The fees required to be paid by a developer pursuant to the provisions of this chapter shall be paid at the time of the issuance of the building permit, or if no building permit is required, before occupancy of an existing structure as a condominium or for residential purposes.

(Ord. 231 § 1(part), 1983: prior code § 11-2-1807)

Upon agreement among 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.

(Ord. 231 § 1(part), 1983: prior code § 11-2-1808)

The fees collected pursuant to this chapter shall be remitted to the school districts to be expended as specified in the district certification or as modified by the decision-making body.

(Ord. 231 § 1(part), 1983: prior code § 11-2-1809)

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.

(Ord. 231 § 1(part), 1983: prior code § 11-2-1810)