Article 3

Requirements, Standards and Procedures

For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined pursuant to Section 12.50.200, 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 a decision-making body during the hearings and other proceedings on specific residential development applications falling within its jurisdiction. Prior to imposing fees or dedications of land, the decision-making body acting on the application must make the following findings:

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

• B. The land or fees, or both, transferred to a school district may 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.

• C. The location and amount of land to be dedicated or the amount of fees to be paid, or both, must bear a reasonable relationship and be limited to the needs of the community for interim elementary, junior high, or high school facilities and be reasonably related and limited to the need for schools caused by the development.

• D. The facilities to be constructed, purchased, leased, or rented from such fees or the land to be dedicated or both are consistent with the City of Santee General Plan.

• (Ord. 565 § 3, 2019)

Notwithstanding the provisions of Section 12.50.300, the issuance of a building permit may not be conditioned upon the payment of a fee pursuant to this division until a fee standard for the school district within which the property for the proposed building lies has been established and concurred in pursuant to Section 12.50.315.

(Ord. 565 § 3, 2019)

Only the payment of fees is required in subdivisions containing 50 parcels or fewer. (Ord. 565 § 3, 2019)

Where a determination has been made pursuant to Section 12.50.200 that conditions of overcrowding exist, the governing board of each school district establishes the standards for the amount of dedicated land or fees to be required and provides the relevant standards and facts supporting them to the City Council. If the City Council concurs in such standards, each decision-making body must use those standards, until revised, in situations where dedications of land and/or fees are required as a condition to the approval of a residential development. Nothing in this chapter prevents 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.

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City of Santee, CA

The fees for interim facilities and value of land to be dedicated must not exceed the amount necessary to pay five annual lease payments for the interim facilities. (Ord. 565 § 3, 2019)

When an applicant submits an application for a residential development located within an attendance area where the findings required by Section 12.50.200 have been made, the applicant must, as part of such filing, indicate whether it prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, it must suggest the specific land.

(Ord. 565 § 3, 2019)

• A. The Director is authorized and directed to notify the affected school districts whenever the City receives an application for a residential development within an attendance area where the findings required by Section 12.50.200. With the exception of applications for building permits, such notification must be made no later than 30 days prior to consideration of the application by a decision-making body.

• B. For the purpose of advising school districts within the City of Santee of proposed residential development which may affect them, the Director is authorized and directed to notify a school district of any application not governed by subsection A of this section submitted to the City for approval of any residential development within the jurisdiction of that district.

• (Ord. 565 § 3, 2019)

• A. Upon receipt of the notification required by Section 12.50.330, the governing board of the affected school district must 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 must then transmit the determination to the Director 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 must consider the following factors:

  1. Whether lands offered for dedication will be consistent with the City of Santee General Plan;

  2. Whether the lands offered for dedication meet the criteria established at 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;

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City of Santee, CA

SANTEE CODE

§ 12.50.335

§ 12.50.360

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.

• B. Nothing in this chapter prevents 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.

• (Ord. 565 § 3, 2019)

When the governing board of a school district receives a notification required by subsection A of Section 12.50.330, the governing board must notify the Director, and provide a copy, of any agreement with the applicant to mitigate conditions of overcrowding within the attendance area covered by the application.

(Ord. 565 § 3, 2019)

After a decision-making body requires the dedication of land or the payment of fees, or both, the Director must notify each school district affected thereby. The governing body of the school district must then submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule must 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 must submit modifications to the City Council, and the reasons for the modifications. (Ord. 565 § 3, 2019)

When land is to be dedicated, it must be offered for dedication to the affected school district in substantially the same manner as prescribed in Chapter 12.32 for streets and public easements. Dedicated land which subsequently is determined by the school district to be unsuitable for school purposes may be sold at the option of the school district. The funds derived therefrom must be used in accordance with this chapter.

(Ord. 565 § 3, 2019)

• A. If the payment of a fee is required, such payment or the pro rata amount thereof must be made to the Director at the time a building permit within the residential development is approved and issued.

• B. The amount of such fee will be determined by the fee standard in effect on the date of the payment of fees for an unexpired plan check or review.

• C. When application is made for a new building permit following expiration of a previously issued building permit, the fee payment will not be required.

• (Ord. 565 § 3, 2019)

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City of Santee, CA

Fees paid under this chapter will 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 must be transferred within 30 days of payment to the school districts operating schools within the attendance area from which the fees were collected.

(Ord. 565 § 3, 2019)

If a residential development approval is vacated or voided, and if the City or the affected school district still retains the land and/or fees, and if the applicant so requests, the City Council or the governing board of the school district must order the land and/or fees returned to the applicant. (Ord. 565 § 3, 2019)

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

(Ord. 565 § 3, 2019)

One year after receipt of an apportionment pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976 (commencing with Section 17000 of the Education Code), for the construction of a school, the City will not, pursuant to this chapter or pursuant to any other school facilities financing arrangement such district may have with builders of residential development, levy any fee or require the dedication of any land within the attendance area of the district. However, any time after receipt of the apportionment there may be a determination of overcrowding, if there is the further finding that:

• A. During the period of construction additional overcrowding would occur from continued residential development; and

• B. 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.

• (Ord. 565 § 3, 2019)

Any amounts of fees collected or land dedicated after the receipt of the construction apportionment and not used to avoid overcrowding will be returned to the person who paid the fee or made the land dedication. Any school district receiving fees or dedications of land must advise the City immediately upon receipt of such apportionment. (Ord. 565 § 3, 2019)

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City of Santee, CA § 12.50.400

SUBDIVISION OF LAND, DEVELOPMENT FEES, AND