Pismo Beach Municipal Code Ch. 15.28 Interim School Facilities

This chapter shall be known and may be cited as the interim school facilities ordinance. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.010)

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. 89-21 § 1 (part), 1989: prior code § 15.45.020)

The city council finds and declares as follows:

A. Adequate school facilities should be available for children residing in new residential developments.

B. Public and private residential developments may require the expansion of existing public schools or the construction of new school facilities.

C. In all areas of the city, the funds for the construction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools.

D. New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time.

E. There is a necessity for new and improved methods of financing interim school facilities necessitated by such new development.

F. All school attendance areas within the city may presently have conditions of overcrowding.

G. And, whereas, authority exists under state law to require developers to provide interim facility for five years to alleviate such conditions of overcrowding in a specific school attendance area.

H. Now, therefore, the city council implements a process whereby every subdivider, developer or person seeking re-zonings, precise plan approval, conditional use permits, planned unit developments, building permits or use change of existing structures for any residential development may be required, for the purpose of providing interim school facilities reasonably benefiting and serving the residents of the subdivision of property to be developed, to dedicate a portion of the land or, in lieu thereof, pay a fee for each dwelling unit in the subdivision or development, or do both as required by this title. The dedication or payment of fees in lieu thereof shall be applicable to all residential developments of any type all owed under the various and several residential zones of the city. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.030)

Except where the context otherwise requires, the definitions given in this section shall govern the construction of this title.

"Attendance area" means that area established by the governing board of the school district, within which children must reside to attend a particular school.

"Certificate of compliance" is certification from the city that a development has met all criteria for provision of fees, land, or both to mitigate conditions of school overcrowding in a specific school attendance area to be caused by the development.

"Conditions of overcrowding" means that the total enrollment of a school, including enrollment from the proposed development, exceeds the capacity of such school as determined by the school district and by the school district's class size formulae and by specific classroom use designated by the district. In no case shall the capacity so computed exceed the design capacity of the school as determined by the State Bureau of School Facilities planning and contracts with school employee groups.

"Developer" means any person, association, firm, corporation and other business entity, or public agency installing or constructing a new dwelling unit or mobilehome space.

"Dwelling unit" includes each single family dwelling and each unit of a multiple unit dwelling structure designed or modified to be used as a separate habitation for one or more occupants, including mobile homes. "Dwelling unit" also includes a new factory built housing unit installed in accordance with Section 19960 et seq. of the Health and Safety Code.

"Interim use facilities" and "Relocatables" mean temporary classrooms not constructed with a permanent foundation and defined as a structure containing one or more rooms each of which is designed, intended and equipped for use as a place for formal instruction of pupils by a teacher in a school; temporary classroom toilet facilities not constructed with a permanent foundation, and; reasonable site preparation and installation of temporary classrooms and toilet facilities.

"Mobilehome space" includes each space in a mobilehome park designed to be used for parking a mobilehome on a temporary, semi-permanent or permanent basis.

"Reasonable methods for mitigating conditions of overcrowding" include, but are not limited to:

1. The availability of funds, the use of which would not impair the normal functioning of continuous school programs as authorized by Education Code Section 37600 et seq. and use of available annual tax rate and bond revenues to the full extent authorized by law;

2. Attendance area boundary adjustments;

3. The use of school district property for temporary-use buildings;

4. The temporary or permanent use of other schools in the district not having overcrowded conditions;

• 5. The use of student transportation;
• 6. The use of existing and proposed relocatable structures;
• 7. The use of available bond or state loan revenues to the extent authorized by law;

8. The full use of funds which could be available from the sale of surplus school district real property and funds available from other appropriate sources, as determined by the governing body of affected school districts;

9. Agreements between a developer and school district whereby temporary-use buildings or relocatables will be purchased and/or leased by the developer for the benefit of the school district;

10. Agreements between a developer and school district whereby temporary-use buildings or relocatables will be leased by the school district at developer expense.

11. Eliminating low priority schools and facilities;

12. Implementing year-round school or similar measures.

"Residential development" means a project containing residential dwellings including mobilehomes or mobilehome spaces, 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 final development plan, a subdivision tentative parcel map, conditional use permit, or any other discretionary permit for new residential use.

"School district" includes all school districts located in whole or in part within the incorporated areas of the city. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.070)

This title is enacted pursuant to Ordinance 4.7 (commencing with Section 65970 of Division 1 of Title 7 of the Government Code). In the case of any conflict between the provisions of this title and those of Ordinance 4.7, the latter shall prevail. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.040)

The city's general plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the general plan/coastal plan. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.050)

The city may from time to time, by resolution, issue regulations to establish fees, administration, procedures, interpretation and policy direction for this chapter. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.060)

When the governing body of a school district, which operates, in whole or in part, within the city notifies the city council that conditions of overcrowding exist in one or more attendance areas within the district, pursuant to Government Code Section 65971, such notice and findings shall be in writing and contain the following:

A. Clear and convincing evidence upon which the findings of overcrowding are based and evidence that such overcrowding will impair the normal functioning of educational programs;

B. The reasons why such overcrowded conditions exist.

C. A description of the reasonable methods of mitigating conditions of overcrowding that were evaluated, including those listed in Section 15.28.070, the reasons why such mitigating methods are unfeasible, and a statement that no other feasible method for mitigation of the condition exists.

D. A description of the geographic boundaries of the overcrowded attendance area or areas. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.080)

A. Within thirty days of receipt of a school district's complete notice of overcrowding, the city council shall commence a public hearing, and shall thereafter do one of the following:

1. Concur in the school district's findings;

2. Request additional information to verify the school district's findings of overcrowding;

3. Reject the school district's findings of overcrowding and inform the school district of the reasons for such rejection.

B. If the city council concurs with a school district's findings that conditions of overcrowding exist within an attendance area, it shall adopt a resolution specifying its concurrence based upon the evidence provided in the school district's notice and findings and adopting a schedule of fees required to be paid by developers. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.090)

A. After the council's adoption of a resolution of concurrence with the school district's notice and findings, the governing body of the school district shall submit a detailed plan or schedule specifying how it will use land or fees, 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 times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the city council together with the reasons for the modifications.

B. The Council shall review such plan at regular meeting, and may report to the school district any recommendations for revisions of the schedule.

C. No fees or land dedication shall be utilized by the school district prior to the council's receipt of the school district's plan and opportunity to submit recommendations for revision. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.100)

A. After the city council's adoption of a resolution under Section 15.28.090, no residential building or other construction permit shall be issued for any residential construction in the attendance area described in said notice and findings, until the developer has either dedicated land or paid fees to the school district as provided in this chapter.

B. Such land dedication and/or fee payment requirements shall also be applicable to, and shall be dedicated or paid prior to, any change from temporary to permanent or long-term use or occupancy of motels, hotels, recreational vehicle parks, and any other commercial business or building designed and approved for short-term occupancy or non-residential use.

C. Fees. The council may amend such fee schedules by resolution from time to time. The maximum fee per dwelling may be reduced by the city council in the event the developer is providing a combination of fees and land dedication.

D. The school district may provide updated information to the city council from time to time which the council may utilize in electing to adjust fees. Such information may consist of, but is not limited to, new census data for the city, school census data for the city, new lease and purchase data for relocatables and changes in classroom maximums or standards. Only fees shall be required in subdivisions of fifty parcels or less.

E. Land Dedication. In any subdivision larger than fifty parcels, the developer may pay the per unit fee amount for all units. However, if the developer and the school district propose to agree to land dedication in lieu of fees, the city council shall consider the proposal at its next regularly scheduled meeting, and may approve or disapprove the dedication after considering at least the following factors:

1. Whether lands offered for dedication will be consistent with the General Plan/Local Coastal Plan;

2. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;

3. Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;

4. 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 interim

elementary and/or high school facilities, including all mandated educational programs, and will be reasonably related and limited to the need for schools caused by the development. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.110)

At the time of filing an application for the approval of a residential development, the applicant shall present to the community development director evidence of one of the following:

A. An agreement in writing with the affected school district by which the applicant agrees to pay to the school district and the school district agrees to accept the fees required by any resolution of the city council adopted pursuant to Section 15.28.110 which is in effect at the time the applicant applies for a building permit for the dwelling unit.

B. An agreement in writing with the affected school district by which the applicant agrees to dedicate to the school district and the school district agrees to accept land to be used to relieve the overcrowding in the district's schools as an alternative to payment of fees under subsection A of this section. Such agreement shall include the legal description of the property and a promise to convey the property to the school district by grant deed not later than the date of issuance of building permits for the dwelling units.

C. A written statement of the applicant, with supporting documentation, that there are specific overriding fiscal, economic, social or environmental factors benefiting the city which will justify the approval of such development without compliance with the fee payment or land dedication requirements.

D. If the applicant provides such a statement of overriding factors under subsection C, the city planner shall place the matter on the agenda of the city council for public hearing to be held not less than thirty days after receipt of the statement, and shall give the school district at least ten days written notice of the hearing along with a copy of the statement.

E. If, after public hearing, the city council agrees that overriding factors benefiting the city justify approval without the payment of fees or dedication of land, it shall direct the city planner to accept and process the application. If the city council finds that there are not sufficient overriding factors, it shall direct the city planner to reject the application and take no further action to process it until the documentation required by subsection A or B has been provided.

F. Specific overriding factors benefiting the city may include, but are not limited to, a written voluntary agreement between a developer and the school district during the environmental review process whereby the developer agrees to pay sufficient fees and/or dedicate sufficient land to the school district to mitigate all impacts of overcrowding caused by a proposed residential development.

G. If an overriding factor approval is based on such a voluntary agreement at the environmental review stage for developer mitigation of all impacts of overcrowding, no public hearing will be required; however, the school district shall submit a copy of the agreement to the city, and the school board shall certify that all impacts of overcrowding caused by the development have been mitigated.

H. The city planner shall refuse to accept for filing or otherwise to process an application for residential development within a school attendance area in which the city council has found that conditions of overcrowding exist, until the applicant has complied with this section. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.120)

All land or fees, or both collected by a school district pursuant to this title shall be used only for the purpose of providing interim elementary or high school classroom facilities. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.130)

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

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

B. The proposed development is located with a redevelopment area designated by a redevelopment agency pursuant to the Community Redevelopment Law, Health and Safety Code Section 33000; or

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

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

E. Any rebuilding of a historical building recognized, acknowledged and designated as such by the planning commission or city council;

F. Any residential development where the city council finds there are specific overriding fiscal, economic, social or environmental factors benefiting the

city which, in the sole judgment of the city council, would justify the approval of such development without the payment of fees of dedication of land. The developer or any councilmember may request city council consideration of this exemption for any particular development.

G. Any residential development where the developer and the school district have entered into a written agreement whereby the developer will provide to the school district, for its use as it deems best, fees and/or land at least equal to the amount required by this title for interim facilities. This exemption shall become effective only upon the final adoption by the city of a school facilities fee ordinance with an exemption substantially similar to the one in this chapter, but shall then become retroactive to the date of adoption of this title. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.140)

A. If the payment of fees is required, such payment shall be made by the developer to the school district prior to the building permit being issued.

B. Where land is to be made available, the developer shall provide a recordable written agreement to the school district which grants to the school district exclusive use of the land.

C. Within five days upon receiving the fees and/or recordable agreement, the school district shall notify the community development director so he may issue a certificate of compliance to the developer. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.150)

As soon as overcrowding conditions cease to exist, the school district shall immediately notify the city council. Upon receiving such notice, or upon city council determination that overcrowding conditions cease to exist, the city council shall cease the requirement of fees or land required by this chapter. If the school district has money from fees previously paid into its interim school facility account after overcrowding conditions cease to exist, it shall apply such fees to mitigate future overcrowded conditions in the same attendance area for which the fees were collected; provided, however, if overcrowded conditions do not occur in said attendance area within five years from the date of when overcrowded conditions cease to exist, such fees may be applied to relieve overcrowded conditions in other attendance areas within the school district. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.160)

Any school district receiving funds or land pursuant to this title shall maintain a separate account for any funds paid 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 reports shall specify which attendance areas will continue to be overcrowded when the fall term begins and when and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year and shall be filed more frequently if requested by the city council. The city may, at any reasonable time, cause an independent audit to be conducted of the fees collected by the governing board for the purposes authorized by this section. (Ord. 89-21 § 1 (part), 1989: prior code § 15.45.170)