Salinas Municipal Code § 9-50 Title

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

(Ord. No. 1954 (NCS), § 1.)

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

(b) Purpose. The purpose of this article is to provide a method for financing school facilities necessitated by conditions of overcrowding caused by new residential development.

(Ord. No. 1954 (NCS), § 1.)

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

(Ord. No. 1954 (NCS), § 1.)

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 the general plan.

(Ord. No. 1954 (NCS), § 1.)

As used in this article:

(a) "Approve a residential development" means, for a 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;

(3) To grant or recommend the granting of a variance, conditional use permit, or similar entitlement.

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

(c) "Decision making body" means the city council, planning commission, or 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 mobilehome, designed for residential occupation.

(e) "Reasonable methods of mitigating conditions of overcrowding" shall include but are not limited to:

(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, or an agreement for the temporary use of buildings owned by the developer for the benefit of the district;

(2) The use of relocatable structures and temporary use buildings owned by the district;

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

(4) The use of funds available from any other sources;

(5) The use of other schools in the district not having overcrowded conditions;

(6) The use of discontinued facilities;

(7) Continuous school programs as authorized by Education Code Sections 36700, et seq.; or

(8) The filing of appropriate notices of overcrowding with the county as to any unincorporated areas within the school district subject to overcrowding.

(f) "Residential development" means:

(1) The construction of dwelling units;

(2) The construction of a mobilehome park;

(3) The subdivision of real property for the purpose of construction of dwelling units;

(4) The conversion to a residential use of an existing structure or part thereof, pursuant to a variance, conditional use permit, planned residential development or other discretionary planning permit; or

(5) Any improvement of any type which will result in the creation of a new dwelling unit or units.

(Ord. No. 1954 (NCS), § 1.)

A residential development shall be exempt from the requirements of this article when it consists only of any of the following:

(a) Any modification or remodel of an existing legally established dwelling unit where no additional bedrooms are created.

(b) The conversion of an existing apartment building into a condominium or stock cooperative where no new dwelling units are created.

(c) Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, flood, explosion, act of God or other accident or catastrophe.

(d) Any rebuilding of an historical building recognized, acknowledged and designated as such by the city.

(e) Any residential complex which, through special use permit, is designated as senior citizens' housing.

(f) Residential development for which the developer has entered into agreements with the school districts for school facilities such as construction and leasing of schools or participation in a Mello-Roos Community Facilities District.

(Ord. No. 1954 (NCS),§ 1.)

Pursuant to Government Code Section 65970, et seq., the governing body of a school district may make written findings supported by clear and convincing evidence that show:

(a) Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning educational programs, including the reasons why such conditions exist;

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

Upon the making of these findings, the school district shall provide the city with written notice of its findings as provided in Section 9-50.7.

(Ord. No. 1954 (NCS),§ 1.)

Any notice of findings filed by a school district with the city shall specify:

(a) The findings listed in Section 9-50.6;

(b) A summary of the facts before the governing board of the school district upon which the findings in Section 9-50.6 were based;

(c) A list of the mitigation measures as set forth in Section 9-50.4(e), above, which were evaluated by the governing board of the school district;

(d) A summary of the facts upon which the finding that mitigation measures are unfeasible is based;

(e) The precise geographic boundaries of overcrowded attendance area or areas; and

(f) Such other information as may be required by a council regulation or resolution.

(Ord. No. 1954 (NCS), § 1.)

After receipt of any notice of findings complying with the requirements of Section 9-50.7, the council, if it concurs with such school district findings shall do so by resolution.

(Ord. No. 1954 (NCS), § 1.)

Within an attendance area, where the council has concurred in a school district's finding 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 one of the following findings:

(a) That pursuant to this article, 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; or

(b) That there are specific, overriding physical, economic, social or environmental factors, which, in the judgment of the decision making body, would benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this article without requiring the payment of part or all of the fees or the dedication of land or other alternate provision required by this article; or

(c) That agreement has been reached between the developer and the school district to alleviate existing conditions of overcrowding.

(Ord. No. 1954 (NCS), § 1.)

In an attendance area where the council has concurred that overcrowding exists, the applicant of a proposed residential development, as a condition of approval, or the obtaining of a building permit, shall select among the following forms of contribution:

(a) Pay fees or make an equivalent arrangement as determined by the decision making body in lieu thereof;

(b) Dedicate land in a monetary value equal to the fees which would otherwise be required by Section 9-50.13;

(c) Dedicate facilities; or

(d) Do a combination thereof, unless excepted as provided in Section 9-50.9, subsection (b), as determined by the decision making body during the hearings and other proceedings on specific residential development applications falling within their respective jurisdictions. Prior to the imposition of the fees, the dedication of land, dedication of facilities, or combination thereof, it shall be necessary for the decision making body acting on the application to make the following determination: that the facilities to be constructed, purchased, leased or rented from such fees or the land or facilities to be dedicated, or combination thereof, are consistent with the general plan.

(Ord. No. 1954 (NCS), § 1.)

Only the payment of fees may be required in subdivisions containing fifty parcels, or less, or other developments containing fifty units, or less.

(Ord. No. 1954 (NCS), § 1.)

Any requirement imposed pursuant to this article shall bear reasonable relationship and will be limited to the needs of the community for interim elementary, intermediate, or high school facilities, and shall be reasonably related and limited to the need for the schools caused by the development: provided, the fees shall not exceed the amount necessary to pay five annual lease payments for the interim facilities, as determined by the council by resolution.

(Ord. No. 1954 (NCS), § 1.)

Subject to the provisions of Section 9-50.10, every person carrying out a residential development in a school district where school overcrowding has been determined to exist shall pay a school facilities fee for each elementary, intermediate, and senior high school student generated by the development. The amount of the facilities fee per dwelling unit shall be set by resolution of the council. The fee shall be paid before the issuance of a building permit or other permit or approval by a decision making body.

(Ord. No. 1954 (NCS), § 1.)

Student population density, including, without limitation, student yield per dwelling unit, and number of students per interim classroom, shall be determined by the council by resolution. 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. No. 1954 (NCS), § 1.)

The fees collected pursuant to this article shall be paid to the city and shall be held in trust by the city until transferred to the affected school district or districts. The fees shall be transferred to the affected school district or districts as determined by the city finance director, but not less than once each year. The city may retain a reasonable fee from the fees paid for the administration of this article.

(Ord. No. 1954 (NCS), § 1.)

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the city subdivision ordinance. Land shall be deeded directly to the school district or districts under procedures adopted by the city.

(Ord. No. 1954 (NCS), § 1.)

(a) If a final subdivision map, a parcel map, conditional use permit or other entitlement is vacated or voided, and the city still retains the land, 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. No. 1954 (NCS), § 1.)

Following concurrence by the council pursuant to Section 9-50.8, the director of community development shall notify each school district affected thereby. The governing body of the school district shall then submit a schedule specifying how it will use the fees, land or facilities 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 modifications to the council and the reasons for the modifications.

(Ord. No. 1954 (NCS), § 1.)

After facilities have been completed with funds received 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), the city shall not be permitted thereafter, pursuant to this chapter or pursuant to any other school facilities financing arrangement such 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 district.

After facilities have been completed and occupied with funds received 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), the city shall, to the extent it has retained the fees, refund to the developer of the residential development who has made a contribution under this article, the amount of any fee paid which is in excess of the amount necessary to meet the needs of the school district for interim, elementary, or high school facilities.

Although the school may have received Greene Act money, it may still have a need for interim facilities created by local development.

(Ord. No. 1954 (NCS), § 1.)

Nothing in this article is intended to prohibit the district from subsequently filing another resolution of overcrowded conditions pursuant to this article.

(Ord. No. 1954 (NCS), § 1.)

All fees, land, or facilities collected pursuant to this article and transferred to a school district, shall be used by the district only for the purpose of providing interim elementary, intermediate or high school classroom and related facilities.

(Ord. No. 1954 (NCS), § 1.)

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 will determine, by resolution, the division of revenues from the fees levied pursuant to this article.

(Ord. No. 1954 (NCS), § 1.)

Any school district receiving funds, land or facilities pursuant to this article shall maintain a separate account for any fees paid and disposition of land received, and shall file a report with the council on the balance and 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 15 of each year, and shall be filed more frequently at the request of the council. The council may grant an extension of thirty days for the filing of the report in case of extenuating circumstances as determined by the council. During the time the report has not been filed as required herein, there shall be a waiver of any performance of the payment of fees or the dedication of land.

(Ord. No. 1954 (NCS), § 1.)

When it is determined by the council that conditions of overcrowding no longer exist in an attendance area, the decision making body shall cease imposition of any requirements under this article.

(Ord. No. 1954 (NCS), § 1.)