San Clemente Municipal Code Ch. 15.72 Residential Development Mitigation Fees

A. .....If the governing board of a school district:

1. Makes a finding in accordance with Government Code Section 65971 supported by clear and convincing evidence that (a) conditions of overcrowding exist in one (1) or more of the attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing; and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists; and

2. Notifies the City Council in writing of such findings and evidence and describes the precise geographic boundaries of the overcrowded attendance area or areas and the facilities to be constructed with any fees obtained pursuant to this section; and

3. Specifies in writing mitigation measures considered by the governing board, such measures to include, but not be limited to, those enumerated in this section; and

B. .....If the City Council, after a hearing and recommendation by the Planning Commission, concurs in such findings and finds that the facilities proposed to be constructed are consistent with the general plan, then the provisions of this section shall be applicable to the attendance area or areas described in the governing board's resolution subject to the exceptions set forth herein.

(Prior code § 36-1)

As used in this chapter the following definitions shall apply:

"Attendance area" shall mean the area established by a governing board within which pupils must reside to attend a particular school.

"Governing board" shall mean the governing board of any school district which operates a high school or elementary school.

"Reasonable methods for mitigating conditions of overcrowding" includes but is not limited to:

1. Agreements between a governing board and subdivider whereby temporary use buildings will be leased to the governing board or temporary use buildings owned by the governing board will be used;

2. Continuous school programs as authorized by Education Code Section 37600 and following;

3. Use of available annual tax rate and bond revenues to the full extent authorized by law;

4. Full use of funds which could be available from sale of surplus school district real property and funds available from any other sources;

5. The possible use of the facilities in adjacent districts.

"Residential development" shall mean a project containing residential dwellings, including mobile homes, of one (1) or more units or a subdivision of land for the purpose of constructing one (1) or more residential dwelling units.

(Prior code § 36-2)

A. .....No building permits shall be issued for any residential development in any attendance area to which this chapter is applicable until payment of the fees set forth herein has been received by the governing board.

B. .....Fees shall be in the amount of eight-tenths (.8) percent of the selling price of each dwelling unit, not to exceed one thousand two hundred dollars ($1,200.00).

(Prior code § 36-3)

All fees required by this chapter shall be paid in full prior to the issuance of building permits.

(Prior code § 36-4)

A. .....Notwithstanding any other provision of this section, no fee shall be imposed upon residential developments in which the residence is enforceably restricted by deed to adults.

B. .....The City Council may waive all or any part of the fees otherwise required by this section where it finds that such fees do not bear reasonable relationship or will not be limited to the needs of the community for interim elementary or high school facilities caused by the development. The City Council shall consider such waiver only when requested to do so by the proponent of the residential development project and only after giving at least ten (10) days' written notice to the governing board of its intention to consider a waiver. The governing board shall be heard on the question before the City Council grants a waiver. No waiver shall be considered unless requested prior to application for building permits. The Planning Commission shall make recommendations on any request.

C. .....This section shall not apply to any residential development where the City Council finds that there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the City Council, expressed by resolution, would benefit the city to the extent that approval of such development without compliance with this section is justified. The Planning Commission shall make recommendations on any request.

D. .....In lieu of all or any part of the fees otherwise required by this section, the proponent of residential development may agree to dedicate, by instrument acceptable to the governing board, real property to be used by the governing board to mitigate conditions of overcrowding, or the proponent may at its option provide interim facilities, owned or controlled by such builder, at the place designated by the school district, which interim facilities shall, at the builder's expense, be removed from such place at the conclusion of the fifth school year. The value of such property or interim facilities will be determined by the governing board and the party making the dedication or provision of interim facilities and such value shall be reported to the City Council in writing and the agreement of the owner and the governing board as to said value shall be acknowledged thereon. Such report shall also set forth the precise boundaries of the property to be dedicated and the territory, which may include all or part of one (1) or more attendance areas, for which the dedication or provision of interim facilities are to be credited. Upon approval by the City Council and, if the City Council finds the site proposed to be dedicated or the place designated by the school district for the provision of interim facilities to be consistent with the General Plan, the City Council may approve the agreed value. In the event of approval, the credit for such value against the fees otherwise required by this section shall be given until exhaustion of such credit after which payment of such fees shall be required at the time of issuance of building permits. Said credit shall be applicable to the residential dwelling and territory specified in the agreement. A report to the City Council pursuant to this section shall be made before any fees have been received by the governing board for residential dwelling units in the territory described in the report.

(Prior code § 36-5)

The governing board having jurisdiction over an attendance area which is subject to this section shall submit a schedule specifying how it will use the fees required to solve the conditions of overcrowding. The schedule shall be in accordance with the facilities described pursuant to Section 15.72.010 of this chapter and 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 board cannot meet the schedule, it shall submit modifications to the City Council and the reasons for the modifications.

(Prior code § 36-6)

Any governing board receiving funds or dedications pursuant to this section shall maintain a separate account for any such funds 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 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 Finance and Administrative Services Director may, at any time, conduct an audit of the fees transferred to the governing board for the purpose of ascertaining whether or not such fees are being used for the purposes authorized by this section. The governing board shall cooperate in such audit.

(Prior code § 36-7)

Where two (2) separate governing boards operate schools in an attendance area where overcrowding conditions exist for both school districts, the City Council shall enter into an agreement with each of the governing boards for the purpose of determining the distribution of revenues from the fees levied pursuant to this section.

(Prior code § 36-8)

This section shall cease to apply to any attendance area upon a determination by the City Council that conditions of overcrowding no longer exist.

(Prior code § 36-9)

If the severity of conditions of overcrowding in an attendance area increases after the governing board has given the City Council the notice described in Section 15.72.010 and the governing board has determined that additional facilities beyond those described in said notice are necessary, said governing board may give additional notice to the City Council in the manner provided in Section 15.72.010. Such notice shall, in addition, describe the additional facilities for which fees under this chapter are desired.

(Prior code § 36-10)

This section shall be administered by the Finance and Administrative Services Director. The Finance and Administrative Services Director may, subject to approval of the City Council, adopt rules, policies and procedures to implement this section.

(Prior code § 36-11)

If the boundaries of any attendance area to which this section is made applicable are changed, the governing board shall immediately notify the City Council, specifying both the new and the old boundaries, and shall furnish such additional information in connection with such change as may be requested by the City Council.

(Prior code § 36-12)