§ 10.16

(a)

Title and purpose. This chapter shall be known as the "School Facilities Dedication Law". The purpose of this chapter is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

(b)

Authority and conflicts. This chapter is enacted pursuant to Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code of the State. In the case of any conflict between the provisions of this chapter and those of said Chapter 4.7, the latter shall prevail.

(c)

General Plan. The General Plan of the City 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.

(d)

Regulations. The City may from time to time, by resolution, issue regulations to establish administration, procedure, interpretation, and policy directions for this chapter.

(Prior code § 10-5.01)

(a)

Scope. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as set forth in this section.

(b)

Developer. "Developer" shall mean and include every person, firm, corporation, or other business entity constructing or installing a new dwelling unit or mobile home space, either directly or through the services of any employee, agent, or independent contractor.

(c)

Dwelling unit. "Dwelling unit" shall mean and include each single-family dwelling and each unit of a multiple unit dwelling structure designed as a separate habitation for one or more occupants. The term "dwelling unit" also shall include a new factory-built housing installed in accordance with Sections 19960 et seq. of the Health and Safety Code of the State.

(d)

Mobile home space. "Mobile home space" shall mean and include each space in a mobile home park designed to be used for parking a mobile home on a temporary, semi-permanent, or permanent basis.

(e)

School district. "School district" shall mean and include all school districts located in whole or in part within the incorporated areas of the City.

(t)

Conditions of overcrowding. "Conditions of overcrowding" shall mean that the total enrollment of a school, including the enrollment from proposed developments, exceeds the capacity of such school as determined by the governing body of the district.

(g)

Reasonable methods for mitigating conditions of overcrowding. "Reasonable methods for mitigating conditions of overcrowding" shall mean and include, but not be limited to:

(1)

Any agreement with a developer entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development;

(2)

The use of relocatable structures, student transportation, and school boundary realignments;

(3)

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

(4)

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 governing bodies of affected school districts; and

(5)

Agreements between a subdivider or other developer of residential developments in 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.

(h)

Residential development. "Residential development" shall mean a project containing residential dwellings, including mobile homes, of one or more units or a division of land for the purpose of constructing one or more residential dwelling units. "Residential development" shall include, but not be limited to, a preliminary or final development plan, subdivision tentative parcel map, conditional use permit, or any other discretionary permit for new residential use.

(Prior code § 10-5.02)

(a)

Notices of conditions of overcrowding. The governing body of a school district which operates, in whole or in part, within the incorporated area of the City may at any time, pursuant to Section 65971 of the Government Code of the State, notify the Council that it has found that:

(1)

Conditions of overcrowding exist in one or more attendance areas within the district which conditions will impair the normal functioning of educational programs;

(2)

All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

(3)

No feasible method for reducing such conditions exists.

Such notification shall remain in effect until withdrawn in writing by the governing body of the school district.

(b)

Findings: Requirements. Such notice shall be in writing and shall set forth the clear and convincing evidence upon which such finding is based. It shall specify:

(1)

The findings listed in subsection (a) of this subsection;

(2)

The findings of fact and a summary of the evidence upon which the findings in subsection (a) of this section were based;

(3)

The mitigation measures and methods, including those listed in subsection (g) of Section 10.16.020 of this chapter, considered by the school district in any determination made concerning them by the district;

(4)

The precise geographic boundaries of the overcrowded attendance area or areas; and

(5)

Such other information as may be required by Council regulation.

(c)

Designation of overcrowded schools. Upon the receipt of a notice as described in subsection (a) of this section, the Council shall schedule and conduct a public hearing on the notification for the purpose of allowing interested parties to comment on the matter. Following such hearing, the Council shall determine whether it concurs in such finding. If the Council concurs, it shall by resolution designate the school as an overcrowded school.

(d)

Actions affecting residential developments. Within the attendance area where it has been determined pursuant to subsection (c) of this section that conditions of overcrowding exist, the Council shall not approve a residential development as defined in subsection (h) of Section 10.16.020 of this chapter, unless the Council makes one of the following findings:

(1)

That, pursuant to this chapter, provision has been made for the payment of fees, dedication of land, or both or some other provision has been agreed upon by and between the affected school district and the applicant for a residential development to mitigate the conditions of overcrowding within that attendance area; or

(2)

There are specific overriding fiscal, economic, social, or environmental factors which, in the judgment of the Council, would benefit the community as a whole, thereby justifying the approval of a residential

development otherwise subject to the provisions of this chapter without requiring the payment of fees or the dedication of land or other alternative provisions of this chapter.

(e)

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

(1)

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

(2)

The proposed development is located within a redevelopment area designated by a redevelopment agency pursuant to the Community Redevelopment Law set forth in Section 33000 of the Health and Safety Code of the State;

(3)

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

(4)

Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God, or other accident or catastrophe; or

(5)

Any rebuilding of an historical building recognized, acknowledged, and designated as such by the Council.

(f)

District schedule. Following the decision of the Council to require the dedication of land, or the payment of fees, or both, the governing body of the 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 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.

(g)

Applications by developers. At the time of filing an application for the approval of a proposed residential development located in an attendance area where the Council has concurred as provided in this chapter, the applicant, as a part of such filing, shall indicate whether he 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 shall describe the specific land.

(h)

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

(1)

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

(2)

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

(3)

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;

(4)

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

(5)

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

(i)

Land dedication. When the dedication of land is required, the developer shall make a written offer of dedication to the affected school district, which shall then have thirty (30) days in which to formally accept or reject the offer. If the school district rejects the offer of dedication, it shall notify the Council in writing of its reasons for so doing. The Council shall then determine whether to assess fees in lieu of dedication or require the dedication of other land within the proposed development. If the school district takes no action within thirty (30) days after receiving the written offer, such offer shall be deemed to have been rejected.

(j)

Fee payments. If the payment of fees is required, such payment shall be made at the time the building permit is issued. Only the payment of fees may be required in subdivisions or developments containing fifty (50) parcels or less.

(k)

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

(Prior code § 10-5.03)

(a)

General standard. 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 need for interim school facilities caused by the development. The location of land to be dedicated shall be consistent with the General Plan of the City.

(b)

Amount of fees or land. The Council shall by resolution establish the amount of fees to be paid when required pursuant to the provisions of this chapter. The rate for mobile homes shall be established by dwelling unit. The rate for all other dwelling units shall be established on a per bedroom basis. Any room designed for sleeping which has a closet shall be a bedroom for the purposes of this chapter. The total land area required to be dedicated pursuant to this chapter shall be at least equal in monetary value to the fees which would be otherwise required. The Council shall determine and establish the monetary value of land area for the purposes of this section.

(c)

Separate schedules. The Council may establish separate fee schedules for each school district.

(Prior code § 10-5.04)

(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 for the purpose of providing interim elementary or high school classroom or related facilities.

(b)

Accounting. Any school district receiving funds pursuant to this chapter shall retain a separate account for any fees paid and shall file a report with the 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 1 of each year and shall be filed more frequently at the request of the Council.

(c)

Termination. If overcrowded conditions no longer exist, the City shall cease levying any fee or requiring the dedication of any land pursuant to this chapter.

(d)

Determinations of capacities. The governing body of each school district, no later than May I of each year, shall determine the capacity of each school in the district and project the enrollment expected in each school for the next succeeding school year. Such information shall be kept on file at the district offices and

shall be made available to the public pursuant to the Public Records Act. The determination of capacity shall set forth the formulas or other methods employed by the governing body in making its determination.

(Prior code § 10-5.05)

If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, or portions be declared invalid or unconstitutional.

(Prior code § 10-5.06)

Chapter 10.18 - ACTIVE ADULT RESIDENTIAL ALLOTMENTS Article 1. - General Provisions