Rialto Municipal Code Ch. 17.22 School Facilities Fee

The ordinance codified in this chapter shall be known and may be cited as the "school facilities fee ordinance."

(Ord. 841 § 1, 1982)

The ordinance codified in this chapter is adopted pursuant to the provisions of Chapter 4.7, commencing with Section 65970, of Division 1 of Title 7 of the Government Code.

(Ord. 841 § 2, 1982)

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. 841 § 3, 1982)

As used in this chapter:

A. "Approve a residential development" means for 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, conditional development permit or planned residential development permit.

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

C. "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.

D. "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 structures.

E. "Reasonable methods of mitigating conditions of overcrowding" includes but is not limited to concepts such as:

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

2. The use of 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 available from other sources;

5. Agreements between the affected school district and other school districts whereby the affected school district agrees to lease or purchase surplus or underutilized school facilities from other school districts.

F. "Residential development" means a project containing residential dwellings, including mobilehomes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units.

(Ord. 1234 (part), 1995: Ord. 841 § 6, 1982)

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 under this chapter or both, they shall be consistent with the general plan.

(Ord. 841 § 5, 1982)

Pursuant to Government Code Sections 65970 et seq., the governing board of any school district operating an elementary, junior high, middle-school, 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 notice of findings 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 the existence of those conditions; and

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

(Ord. 1234 (part), 1995: Ord. 841 § 7, 1982)

Findings filed pursuant to Section 17.22.060 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;

D. A completed application to the office of public school construction for preliminary determination of eligibility under the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code);

E. As part of the notice of findings as required by Government Code Section 65971, or in any event before the city council makes a decision to require the dedication of land or the payment of fees, or both, or to increase the amount of land to be dedicated or the fees to be paid, or both, the governing body of the school district shall submit a schedule to the city council specifying how the school district will use the 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 those facilities will be available; and

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

(Ord. 1234 (part), 1995: Ord. 841 § 8, 1982)

After receipt of notice of findings complying with the requirements of this chapter, the city council shall take no action on the notice of findings sent to the city pursuant to Section 17.22.070 until the notice of findings have been made available to the public for 60 days after receipt by the city. The city council shall either concur or not concur in the notice of findings within 61 days to 150 days after receipt of the findings. The city council may extend the period to concur or not to concur for one thirty-day period. The failure of the city council to either concur or not concur within the time period prescribed in this section shall not be deemed as an act of concurrence in the notice of findings by the city council. If the city council concurs in the notice of findings, Section 65972 of the Government Code shall be applicable to actions taken on residential development by the city council. The city council may by resolution either concur in or not concur in such notice of findings. The date of receipt of the notice of findings is the date when all the materials required by this chapter are completed and filed by the school district with the city council.

(Ord. 1234 (part), 1995: Ord. 841 § 9, 1982)

The governing body of the school district shall submit a schedule to the city council specifying how the school district will use the 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 those 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. 1234 (part), 1995: Ord. 841 § 9, 1982)

A. After receipt of the notice of findings and school district schedule and after the period for public review pursuant to Section 17.22.080, the city council may concur or not concur in the notice of findings. Upon the concurrence with the notice of findings, the city council shall not approve an ordinance rezoning property to residential use, or approve a tentative subdivision of land for residential purposes, within a school attendance area affected by overcrowding, unless the city council makes one of the following findings:

1. That an ordinance pursuant to Government Code Section 65974 has been adopted; or

2. That there are specific overriding fiscal, economic, social, or environmental facts which in the judgment of the city council would benefit the city, thereby justifying the approval of a residential development other subject to the provision of Government Code Section 65974.

B. If the city council concurs in the notice of findings, the city council shall make additional findings regarding the following:

1. That the facilities to be constructed from the fees or land to be dedicated, or both, are consistent with the general plan;

2. That the school district has on file with the Office of Public School Construction, and has actively pursued in good faith, an application for preliminary determination of eligibility for project funding under Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code, and is actively pursuing in good faith the establishment of a community capital facilities district or other permanent financing mechanisms to reduce or eliminate developer fees;

3. That the residential development subject to the notice of findings is fifty parcels or less.

(Ord. 1234 (part), 1995: Ord. 841 § 11, 1982)

Within any attendance area where it has been determined pursuant to this chapter that conditions of overcrowding exist, no decision-making body shall approve or recommend the approval of 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;

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; or

E. That both the city and the school district have approved conditions, covenants and restrictions of record which prohibit the residence of minor children in the proposed development.

(Ord. 906 (part), 1984; Ord. 841 § 12, 1982)

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 elementary, junior high, middle-school, and senior high school 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, middle-school, 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.

(Ord. 1234 (part), 1995: Ord. 906 (part), 1984: Ord. 841 § 13, 1982)

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 permits issued permitting residential development or by reference to the discretionary permit or map permitting conversion of existing structures to residential use.

(Ord. 841 § 14, 1982)

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. In lieu of the dedication of land or the payment of fees, or both, the builder of a residential development may, at his/her option and expense, provide interim facilities owned or controlled by the builder at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder's expense, remove the interim facilities from that place.

(Ord. 1234 (part), 1995: Ord. 841 § 15, 1982)

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

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

(Ord. 841 § 16, 1982)

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 October 15th of each year and shall be filed more frequently at the request of the city council. The city council may approve a thirty-day extension for the filing of the report in the case of extenuating circumstances, as determined by the city council.

1. During the time that the report has not been filed in the manner prescribed in this section, there shall be a waiver of any performance of the payment of fees or the dedication of land, or both.

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. 1234 (part), 1995: Ord. 841 § 17, 1982)

A. One year after the receipt of an apportionment pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (Chapter 22 (commencing with Section 17700) of Part 10 of the Education Code) for the construction of a school, the city shall not be permitted thereafter, pursuant to Government Code Section 65970 et seq. or pursuant to any other school facilities financing arrangement the district may have with builders of residential developments, to levy any fee or to require the dedication of land within the attendance area of the school for which the apportionment was received. However, any time after receipt of the apportionment there may be a determination of overcrowding pursuant to Government Code Section 65971, if both of the following further findings are made by the city council:

1. That during the period of construction, or after construction has been completed, additional overcrowding would occur from continued residential development;

2. That any fee levied and any required dedication of land levied after the receipt of the construction apportionment can be used to avoid the additional overcrowding prior to the school being available for use by the school district.

B. Any amount of fees collected or land dedicated after the receipt of the construction apportionment and not used to avoid overcrowding shall be returned to the person who paid the fee or made the land dedication.

(Ord. 1234 (part), 1995)

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

(Ord. 1234 (part), 1995: Ord. 841 § 4, 1982)