San Marcos Municipal Code Ch. 17.52 School Fees and Land Dedication

This chapter is intended to implement the school facilities dedication and fees legislation in the City of San Marcos and to provide authority whereby the City-affected school districts and applicants for land development approvals may undertake such reasonable steps as are necessary to alleviate the overcrowding of school facilities.

(a)

Conditions of Overcrowding. "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 school district and concurred with by the City Council.

(b)

Decision-making Body. "Decision-making body" means the City Council of the City of San Marcos.

(c)

Dwelling Unit. "Dwelling unit" means a building or a portion thereof, or a mobilehome, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit.

(d)

Reasonable Methods for Mitigating Conditions of Overcrowding. "Reasonable methods for mitigating conditions of overcrowding" shall include, but not be limited to, agreements between a subdivider or the developer of residential developments 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 school district will be used.

(e)

Residential Development. "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. Residential development includes, but is not limited to:

(1)

A privately proposed amendment to the City General Plan which would allow an increase in authorized residential density and where no further discretionary action for residential development need be taken by a decision-making body prior to application for a building permit;

(2)

A privately proposed specific plan or amendment to a specific plan which would allow an increase in authorized residential density;

(3)

A tentative or final subdivision map or parcel map;

(4)

A special use permit for residential purposes;

(5)

An ordinance rezoning property to a residential use or to a more intense residential use;

(6)

Any other discretionary permit for residential use; or

(7)

Building permit.

(a)

Citation. This chapter shall be known and may be cited as the "School Facilities Dedication and Fee Ordinance."

(b)

Authority. 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 (SB 201).

(c)

Regulations. The City Council may from time to time, by resolution, issue regulations to provide for the administration and collection of fees of this chapter.

(d)

Findings. The City Council of the City of San Marcos finds and declares as follows:

(1)

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

(2)

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

(3)

Frequently, the funds for the construction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools.

(4)

New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated in a reasonable period of time without City involvement as provided for under existing State law.

(5)

That, for the above reasons, new and improved methods of financing for interim school facilities necessitated by new development are needed in San Marcos.

(e)

General Plan. The San Marcos General Plan provides for the location of public schools. Interim school facilities to be constructed from fees paid or land required to be dedicated hereunder, or both, shall be consistent with the City General Plan.

(a)

School District Findings. If the governing body of the affected School Districts serving the residents of the City make findings supported by clear and convincing evidence that:

(1)

Conditions of overcrowding exist in one or more attendance areas that include incorporated territory within the affected district which will impair the normal functioning of educational programs, including the reasons for the existence of such conditions; and

(2)

That all reasonable methods, within established school district policies, of mitigating conditions of overcrowding have been evaluated and no feasible method, as determined by the affected school district, for reducing such conditions exist.

The governing body of the school district shall notify the City Council. A notice of findings sent to the City shall specify the mitigation measures considered by the school district. If the City Council occurs in such findings, the provisions of this chapter shall be applicable to all official actions taken on residential development applications by a decision-making body.

(b)

Notice of Findings Requirements. Any notice of findings sent by a school district to the City shall specify:

(1)

The findings listed in Section 17.52.040.

(2)

The mitigation measures and methods, including those listed in Section 17.52.040(a)(2) considered by the affected school district and any determination made concerning them by the district. Other mitigation measures may include, but are not limited to:

a.

Any other agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development.

b.

The use of relocatable structures, student transportation and/or school boundary realignments.

c.

The use of available bond or State loan revenues, to the extent authorized by law.

d.

The 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 respective governing bodies of the affected school districts.

(3)

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

(4)

Such other information as may be required by the City Council.

(c)

Restriction on Approval of Residential Development/City Council Findings. Within any attendance area of a school district where it has been determined pursuant to Section 17.52.040(A) 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:

(1)

That action will be taken pursuant to this chapter to provide dedications of land and/or fees or some other provisions has been mutually agreed upon by the applicant for a residential development and the school district to mitigate the conditions of overcrowding within that attendance area; or

(2)

That there are specific overriding fiscal, 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 chapter.

(a)

Requirement of Fees and/or Dedications. For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined pursuant to Section 17.52.040(a), the City may require, as a condition to the approval of a residential development, the dedication of land, the payment of fees in lieu thereof, or a combination of both, as determined by the decision-making body during the hearings and other proceedings on specific residential development applications falling within their respective jurisdiction. Prior to imposition of the fees and/or dedications of land, it shall be necessary for the decision-making body acting on the application to make the following findings:

(1)

The City General Plan provides for the location of public schools.

(2)

The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary, junior high or high school classroom and related facilities as defined by the governing body of the district.

(3)

The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a 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 schools caused by the development.

(4)

The facilities to be constructed, purchased, leased or rented from such fees or the land to be dedicated or both is consistent with the City General Plan.

(b)

Payment of Fees in Smaller Subdivisions. Only the payment of fees shall be required in subdivisions containing 50 parcels or less.

(c)

Standards for Land Dedication and Fees. The standards for the amount of dedicated land or fees to be required shall be established by the governing body of the San Marcos Unified School District where a determination has been made pursuant to Section 17.52.040 that conditions of overcrowding exist. Such standards and facts supporting them shall be transmitted to the City Council. If the City Council concurs in such standards they shall, until revised, be used by decision-making bodies in situations where dedications of land and/or fees are required as a condition to the approval of a residential development. Nothing herein shall prevent the City Council from establishing and using standards other than those established by the school district in the event the City Council is unable to concur in those transmitted by the district.

(d)

Filing Application for Residential Development. At the time of filing an application for approval of a residential development located within an attendance area where the findings required by Section 17.52.040(a) have been made, the applicant shall, as part of such filing, indicate whether it prefers to dedicate land for interim school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, it shall suggest the specific land.

(e)

Notification to School Districts. For the purpose of advising the school district of proposed residential development which may affect them, the Administrative Authority shall upon receipt of an application therefor and no later than 30 days prior to consideration of the application, notify the school district of any request submitted to the City for approval of any residential development within the jurisdiction of that district.

(f)

Decision Factors. Upon receipt of the notification required by Section 17.52.050(e), the governing board of the affected school district shall within 15 days of receipt determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. The school district shall then transmit the determination to the Administrative Authority for submission to the appropriate decision-making body for concurrence. If the decision-making body concurs in such determination, it may at the time of its consideration of a residential development application impose such requirements. In their respective actions regarding this determination, the school district and the decision-making body shall consider the following factors:

(1)

Whether lands offered for dedication will be consistent with the City General Plan;

(2)

Whether the lands offered for dedication meet the criteria established in Education Code Section 39000 et seq.;

(3)

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

(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 or high school facilities and will be reasonably related and limited to the need for schools caused by the development;

(5)

If only a subdivision is proposed, whether it will contain 50 parcels or less.

Nothing herein shall prevent a decision-making body from imposing requirements other than those transmitted by the school district in the event that a decision-making body is unable to concur in the district's determination hereunder.

(g)

School District Schedule. Following the action by a decision-making body to require dedication of land or the payment of fees, or both, the Administrative Authority 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 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 and the reasons for the modifications.

(h)

Land Dedication. When land is to be dedicated, it shall be offered for dedication to the affected school district. Land dedicated and deemed no longer needed by the school district upon approval of the City Council shall be disposed of in the manner prescribed by Section 66478 of the Subdivision Map Act.

(i)

Fee Payment. If the payment of a fee is required, such payment or the pro rata amount thereof shall be made to the Administrative Authority at the time a building permit within the residential development is approved and issued.

(j)

Fees Held in Trust. Fees paid under this chapter shall be held in trust by the City. Such fees plus accrued interest less a reasonable service and handling charge of no more than the accrued interest shall be transferred quarterly to the school district operating schools within the attendance area for which the fees were collected

(a)

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

(b)

Fee Fund Records and Reports. Any school district receiving funds pursuant to this chapter shall maintain a separate account for any fees 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 report shall specify attendance areas which will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed more frequently at the request of the City Council.

(c)

Termination of Dedication and Fee Requirements. When it is determined by the City Council that conditions of overcrowding no longer exist in an attendance area, decision-making bodies shall cease levying any fee or requiring the dedication of any land for that area pursuant to this chapter. Action under this chapter shall not affect the validity of conditions already imposed for levy of fees and dedications of land, and such conditions shall remain binding.