Petaluma Municipal Code Ch. 17.28 School Facilities

This chapter shall be known and may be cited as the "School Facilities Fee/Dedication Ordinance." (Ord. 1377 NCS

§1, 1979.)

This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with §65970) of Division 1 of Title

7 of the Government Code; and pursuant to the general police power of the city granted by California Constitution

Article XI; Section 5; and by Petaluma city Charter Section 81; and repeal or amendment of Chapter 4.7 of Division

1 of Title 7 of the Government Code shall not a]ect the validity hereof. (Ord. 1377 NCS §1, 1979.)

The purpose of this chapter is to provide a method for Znancing interim school facilities necessitated by new

residential developments causing conditions of overcrowding. (Ord. 1377 NCS §1, 1979.)

The city council may; from time to time; by resolution; issue regulations to provide for the administration and

implementation of this chapter. (Ord. 1377 NCS §1, 1979.)

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 in conformance with the general plan. (Ord. 1377

NCS §1, 1979.)

For the purposes of this chapter; the term set out in this section shall have the following meanings:

A. "Conditions of overcrowding" means that the total enrollment of an attendance area’s school or schools;

including enrollment from proposed development; exceeds the capacity of such school or schools within the

attendance area; as determined by the governing body of the school district.

B. "Decision-making body" means the city council or its designee.

C. "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.

D. "Residential development" means a project containing residential dwellings; including mobile homes; of one

or more units; or a division of land for the purpose of constructing one or more residential units. Residential

development includes, but is not limited to; a preliminary or Znal development plan; a subdivision tentative or

Znal map; a parcel map; a conditional use permit, a building permit; or any other discretionary permit for new

residential use.

(Ord. 1377 NCS §1, 1979.)

notice.

The governing body of a school district may make a Znding supported by clear and convincing evidence that:

A. 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;

B. All reasonable methods of mitigating conditions of overcrowding have been evaluated;

C. No feasible method for reducing such conditions exists.

Upon making these Zndings; the school district must provide the city with written notice of its Zndings as provided

in Section 17.28.080 in order to secure the beneZts of this chapter. (Ord. 1377 NCS §1, 1979.)

transmitted to city.

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

A. The Zndings listed in Section 17.28.070;

B. Findings of facts and a summary of the evidence upon which the Zndings in Section 17.28.070 were based;

C. The mitigation measures and methods considered by the school district in any determination made

concerning them by the district;

D. The precise geographic boundaries of the overcrowded attendance area or areas;

E. Such other pertinent information as may be required by council regulations.

(Ord. 1377 NCS §1, 1979.)

After receipt of any notice of Zndings complying with the requirements of Section 17.28.080; the council; if it

concurs with such school district Zndings; shall do so by resolution. (Ord. 1377 NCS §1, 1979.)

approval.

Within an attendance area; where the council has concurred in a school district’s notice of Znding that conditions

of overcrowding exist; no decision-making body shall approve an application for a residential development within

such area; unless such decision-making body makes the Znding that pursuant to this chapter; provision has been

made for payment of fees; dedication of land; or both, or some other provision has been agreed upon by the

applicant for a residential development in the school district to mitigate the conditions of overcrowding within that

attendance area. (Ord. 1377 NCS §1, 1979.)

In an attendance area where the council has concurred as provided in Section 17.28.090 that overcrowding exists;

the applicant of a proposed residential development; as a condition of approval or the obtaining of a building

permit; shall pay fees; make an equivalent arrangement in lieu thereof; dedicate land; or do a combination thereof

unless excepted as provided in Section 17.28.100; as determined by the decision-making body during the hearings

and other proceedings on speciZc residential development applications falling within their respective jurisdictions.

Prior to the imposition of the fees; or the dedication of land; or both; it shall be necessary for the decision making

body acting on the application to make the following determinations:

A. That the facilities to be constructed; purchased; leased or rented from such fees or the land to be dedicated;

or both; are consistent with the general plan; and any other applicable city ordinance.

B. That Sections 65979 and 65981 of the Government Code have been complied with.

(Ord. 1377 NCS §1, 1979.)

Only the payment of fees shall be required in subdivisions containing Zfty parcels; or less; or in other

developments containing Zfty units or less. (Ord. 1377 NCS §1, 1979.)

Any requirements imposed pursuant to this chapter shall bear reasonable relationship and will be limited to the

needs of the community for interim elementary; junior high or high school facilities; and shall be reasonably

related and limited to the need for the schools caused by the development; subject to the requirements of the

general plan and Section 17.28.170. Interim facilities for purposes of this chapter shall be limited to temporary classrooms; including their utilities; furnishings and toilet facilities not constructed with permanent foundations.

(Ord. 1377 NCS §1, 1979.)

A. When fees are required by this division to be paid in lieu of land dedication or as a combination; or both; such

fees shall be computed and paid as determined by resolution of the city council; after consideration of the

recommendation of the a]ected school district or districts.

B. The total land area determined pursuant to this section to be dedicated shall be at least equal in monetary

value as to be fees which would be otherwise required by subsection A of this section.

C. Fees; but not necessary land to be dedicated; required pursuant to this section shall not exceed the amount

necessary to pay Zve annual lease payments for the interim facilities. In lieu of the fees; the builder of a residential

development may; at his or her option and at his or her expense; provide interim facilities owned or controlled by

such builder at the place designated by the school district; and at the conclusion of the Zfth school year the builder

shall; at the builder’s expense; remove the interim facilities from such place.

(Ord. 1377 NCS §1, 1979.)

If the payment of a fee is required; such payment shall be made directly to the school district involved before the

building permit is issued and a receipt indicating said payment presented to the city. (Ord. 1743 NCS, 1988; Ord.

1377 NCS §1, 1979.)

When land is to be dedicated, it shall be o]ered for dedication in substantially the same manner as prescribed in

the city subdivision ordinance codiZed in Title 20. Land shall be deeded to the city under policies adopted by the

city for lease or transfer of the land to the school district or districts. The procedures shall be adopted by

resolution; and may be included as a part of the city’s general plan. (Ord. 1377 NCS §1, 1979.)

A. When; in a proposed development a school site exceeding the minimum size required by Section 17.28.130 is

required to be dedicated in order to conform to the requirements of the general plan; the excess may be credited

against fees or other requirements imposed by this chapter; either in the same or future development; or if no future fees or requirements will be due from the developer; the developer may be reimbursed from fees collected

from other developments served by the site.

B. For purposes of evaluation pursuant to this chapter; the actual purchase price of the land shall govern; but

shall in no event exceed the value for land for park purposes as established yearly pursuant to Section

20.34.010(A) of this code.

C. Reimbursement from fees; as set out in subsection A of this section; shall be made once yearly without

interest; from fees collected for other developments which contribute to the need for the proposed site; but

reimbursement shall not be made for a period longer than ten years. An agreement with a developer re[ecting

the method and amounts of reimbursement shall be executed upon approval by resolution of the city council. In

no event shall the city or any school district be obligated to reimburse a developer pursuant to this section unless

fees shall be Zrst collected from which reimbursement may be made.

(Ord. 1377 NCS §1, 1979.)

A. If a Znal subdivision map; a parcel map or a conditional use permit is vacated or voided; and the land is still

retained by the city or other public agency; and if the applicant so requests; the council shall order such land

returned.

B. If a residential development approval is vacated or voided; and if the city still retains the fees collected

therefor; and if the applicant so requests; the council shall order the fees returned to the applicant.

(Ord. 1377 NCS §1, 1979.)

Following concurrence by the council pursuant to Section 17.28.090; the director of planning and community

development shall notify each school district a]ected thereby. The governing body of the school district shall then

submit a schedule specifying how it will use the fees or land; 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 time when

such facilities will be available. In the event the governing body of the school district cannot meet the schedule; it

shall submit modiZcations. (Ord. 1377 NCS §1, 1979.)

All fees or land; or both; collected pursuant to this chapter shall be used only for the purpose of providing interim

elementary or high school classroom and related facilities; or if the use is no longer necessary; for any public

purpose. (Ord. 1377 NCS §1, 1979.)

If two separate school districts operate schools in an attendance area where the council concurs that

overcrowding conditions exist for both school districts; the council may enter into an agreement with the

governing body of each school district for the purpose of determining the division of revenues from the fees levied

pursuant to this chapter; or may itself determine the division. (Ord. 1377 NCS §1, 1979.)

Any school district receiving funds or land pursuant to this chapter shall maintain a separate account for any fees

paid and disposition of land received; and shall Zle a report with the council on the balance and account at the end

of the previous Zscal year and the facilities leased; purchased or constructed during the previous Zscal 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 Zled by August 1st of each

year; and shall be Zled more frequently at the request of the council. If the city utilized the fees or land for

purposes consistent with this chapter for the beneZt of an a]ected school district, it shall similarly account

therefor. (Ord. 1377 NCS §1, 1979.)

When it is determined by the city council that conditions of overcrowding no longer exist in an attendance area,

the city council shall cease imposition of any requirements under this chapter. The determination may be made by

resolution. (Ord. 1377 NCS §1, 1979.)

Where the applicant is a developer or owner of a low income senior citizen housing project, the dedication of land

or payment of fees required by this chapter may be waived by the city council by resolution, with prior

concurrence of the a]ected school district. (Ord. 1512 NCS §1, 1982.)