Chapter 17.64 — SCHOOL FACILITY DEDICATIONS

Article I General Provisions

This chapter shall be known as the "school facilities dedication ordinance of the City." The purpose of this chapter is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding. (Ord. 78-92 Ch. 1 §1)

This chapter is enacted pursuant to Chapter 4.7 (Gov. Code Section 65970 ff.) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this chapter and those of Chapter 4.7, the latter shall prevail. (Ord. 78-92 Ch. 1 §2)

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. (Ord. 78-92 Ch. 1 §3)

The Council may from time to time, by resolutions, issue regulations to establish administration, procedures, interpretation and policy direction for this chapter. (Ord. 78-92 Ch. 1 §4)

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purposes of this chapter.

"Chapter 4.7" means Chapter 4.7, commencing with Section 69570 of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977, and any subsequent amendments thereto.

"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.

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

"Other methods for mitigating conditions of overcrowding" may include, but are not limited to the following:

1. The use of available annual revenue limit and bond revenue;

2. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

"Reasonable methods for mitigating conditions of overcrowding" includes, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

"Residential development" means a project containing residential dwellings, including mobile homes, 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, a preliminary or final development plan, a subdivision tentative of final map, a parcel map, conditional use permit, a building permit, and any other discretionary permit for new residential use. (Ord. 78-92 Ch. 2 §§1—7)

Article II Overcrowded Attendance Areas

A. Pursuant to Chapter 4.7 the governing body of a school district may make findings supported by clear and convincing evidence that:

1. 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 such conditions existing;

2. All reasonable methods of mitigating conditions of overcrowding have been
evaluated;

3. No feasible method for reducing such conditions exist.

B. Upon making these findings, the school district must provide the City/county with notice of its findings. (Ord. 78-92 Ch. 3 §1)

Any notice of findings sent by a school district to the City shall specify:

A. The findings listed in Section 17.64.060;

B. The mitigation measures and methods, including those defined in Section 17.64.050(D) and (E) considered by the school district and any determination made concerning them by the district;

C. A description of the geographic boundaries of the overcrowded attendance area or are as;

D. Such other information as may be required by Board/Council regulation. (Ord. 78-92 Ch. 3 §2)

After the receipt of any notice of findings complying with the requirement of Section 17.64.070, the Council shall determine whether it concurs in such school district findings. If it concurs with such school district findings, it shall do so by resolution. (Ord. 78-92 Ch. 3 §3)

Within an attendance area where the Council has concurred in a school district's notice of findings that conditions of overcrowding exist, no decision making body shall approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, within such area, unless the City Council makes one of the following findings:

A. That the ordinance codified in this chapter is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

B. That there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the City Council would benefit the City thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of the chapter. (Ord. 78-92 Ch. 3 §4)

Following the concurrence and decision by the City to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall 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 cannot meet the schedule. It shall submit modifications to the City Council and the reasons for the modification. (Ord. 78-92 Ch. 3 §5)

Article III Residential Development Requirements

In an attendance area where the Council has concurred as provided in Section 17.64.080 the owner of a proposed residential development as a condition of approval or the obtaining of a building permit shall dedicate land, pay fees in lieu thereof, or do a combination of both, for classroom and related facilities for elementary and/or high schools including all mandated education programs. (Ord. 78-92 Ch. 4 §1)

The payment of a fee is required for the approval of a subdivision map containing only 50 parcels or less. (Ord. 78-92 Ch. 4 §2)

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

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

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

C. Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, 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 Council. (Ord. 78-92 Ch. 4 §3)

Article IV Dedicated Lands and Fees

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 and/or high school facilities including all mandated educational programs and shall be reasonably related and limited to the need for schools caused by the development. (Ord. 78-92 Ch. 5 §1)

The total land area required by this chapter to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by Section 17.64.160. The planning agency shall determine and establish the monetary value of the land area for the purposes of this chapter. (Ord. 78-92 Ch. 5 §2)

When fees required by this chapter to be paid in lieu of land dedication or as a combination of both, such fee shall be, and paid, as follows:

A. Three hundred dollars per bedroom in excess of one bedroom per dwelling unit not exceeding $900. Any room designed for sleeping which has a closet is a bedroom for the purposes of this chapter.

B. Three hundred dollars for each dwelling unit space or lot in a mobile home park. (Ord. 78-92 Ch. 5 §3)

Article V Applications—Fees—Refunds

At the time of filing an application for the issuance of a building permit or for the approval of a proposed residential development (rezoning, tentative subdivision map or discretionary permit) located in an attendance area where the Council has concurred as provided in Section 17.64.080, the applicant shall, as part of such filing, indicate whether he or she prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he or she shall suggest the specific land. (Ord. 78-92 Ch. 6 §1)

At the time of initial residential development or building permit approval, the City Council shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. In making this determination, the Council shall consider the following factors:

A. Whether lands offered for dedication will be consistent with the general plan;

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

C. 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;

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

E. If only a subdivision is proposed, whether it will contain 50 parcels or less. (Ord. 78-92 Ch. 6 §2)

When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the City subdivision ordinance for streets and public easements. (Ord. 78-92 Ch. 6 §3)

If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued. (Ord. 78-92 Ch. 6 §4)

Land and fees shall be held in trust by the City until transferred to the school district operating

schools in the attendance area from which the land or fees were collected. (Ord. 78-92 Ch. 6 §5)

A. If a final subdivision map, a parcel map, conditional use permit, development plan or building permit is vacated or voided and if the City still retains the land and/or fees collected for it, and if the applicant so requests, the Council shall order returned to him or her such land and/or fees.

B. If a final subdivision map, a parcel map, conditional use permit, development plan, or building permit is canceled or voided, and if the affected school district still retains the land and/or fees transferred to it by the City and if the applicant so requests, the school district shall return to him or her such land and/or fees. (Ord. 78-92 Ch. 6 §6)

Article VI Land Use—Fee Distribution—Records and Reports

All land or fees, or both, collected pursuant to this chapter and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities including all mandated educational programs. (Ord. 78-92 Ch. 7 §1)

Where two or more separate school districts operate schools in an attendance area where the Council concurs that overcrowding conditions exist for both school districts, the Council will enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenue from the fees levied pursuant to this chapter. (Ord. 78-92 Ch. 7 §2)

Any school district receiving funds or land pursuant to this chapter shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the board/ 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 August 1st of each year and shall be filed more frequently at the request of the Council. (Ord. 78-92 Ch. 7 §3)

When it is determined that overcrowding conditions no longer exist in an attendance area, the City shall cease levying any fee or requiring the dedication of any land pursuant to this chapter for the area. (Ord. 78-92 Ch. 7 §4)