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HomeMy WebLinkAboutCC ORD 1986-1888 AMENDING ORDINANCE NO 1622 AND 1704, AMENDING CHAPTER 4.34 AND ADDING SECTION 18.88.060 TO CHAPTER 18.88 RELATING TO SCHOOL FACILITIES FEESORDINANCE NO. 1888 AN ORDINANCE OF THE CITY OF NATIONAL CITY AMENDING ORDINANC'„E NOS. 1622 AND 1704, AMENDING CHAPTER 4.34 OF THE NATIONAL CITY MUNICIPAL CODE, AND ADDING SECTION 18.88.060 TO CHAPTER 18.88 OF THE NATIONAL CITY MUNICIPAL CODE, RELATING TO SCHOOL FACILITIES FEES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Ordinance Nos. 1622 and 1704, and Section 4.34.040 of Chapter 4.34 of the National City Municipal Code are amended to read as follows: 4.34.040 Definitions. As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section: A. "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. B. "Dwelling unit" is defined as all single-family residences, residential duplexes, apartment houses, condominiums, townhouses, and mobile homes, except that no school fee shall be levied upon residential condominiums limited to adults only, senior citizen housing projects, institutional residences, hotels, motels and hospitals. C. "Reasonable methods for mitigating conditions of overcrowding" shall include, but are not limited to the following: 1. Agreements between a subdivider and the effected 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. 2. The use of temporary portable classrooms, student bussing, classroom double sessions, year-round use of school facilities, school boundary realignments, and elimination of low priority school facility uses. 3. The use of available annual tax rate and bond revenues. 4. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources. D. "Residential development" means a project containing residential dwellings of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units, including a preliminary or final development plan, a subdivison tentative or final map, a parcel map, conditional use permit, or any other permit for residential use, any of which leads to the construction of a "dwelling unit" as defined in this section. Section 2. Ordinance No. 1622 and Section 4.34.100 of Chapter 4.34 of the National City Municipal Code are amended to read as follows: Section 4.34.100 Overcrowded attendance areas -- Residential development restrictions -- Exceptions. Within the attendance area where it has been determined pursuant to Section 4.34.080 that conditions of overcrowding exist, the City shall not grant any permit for residential development or use, or approved a tentative subdivision map for residential purposes within such area, unless the City Council makes one of the following findings: A. That action will be taken pursuant to this chapter to provide dedications of land and/or fees to mitigate conditions of overcrowding; or 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 provisions of this chapter. Section 3. Ordinance No. 1622 and Section 4.34.120 of Chapter 4.34 of the National City Municipal Code are amended to read as follows: 4.34.120 Interim classroom facilities -- Amount of fee. A. General Standards. The amount of fees to be paid shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities and shall be reasonably related and limited to the need for schools caused by the development. B. The following schedule of fees shall be followed for payment of school fees to the National School District and the Sweetwater Union High School District: 1 & 2 Bedroom Living Unit $1,200 3 Bedroom Living Unit $1,700 4 Bedroom Living Unit $2,200 5 or more Bedroom Living Unit $2,700 Trailer Parks, Mobile Home Parks, etc. $1,200 per Tr'ailer/Mobile Home Space The required fees shall be paid for each new residential dwelling unit to each school district. Fees shall not be required for construction of a new dwelling unit that is replacing an existing dwelling unit. Section 4. Ordinance No. 1622 and Section 4.34.140 of Chapter 4.34 of the National City Municipal Code are amended to read as follows: Section 4.34.140 Interim classroom facilities - Fee Payment. A. School fees, as stipulated in Section 4.34.120, shall be paid directly to the National School District and the Sweetwater Union High School District prior to issuance of building permits for any new dwelling unit in the City. Proof of payment in the form of a Letter of Availability and/or a School Service Availability Letter from each of the respective school districts shall be submitted to the Building Department prior to issuance of a building permit, or as stipulated in Section 18.88.060 B. Applicants for building permits for new dwelling units that are replacing existing dwelling units will not be required to pay school fees. Section 5. Ordinance No. 1622 and Section 4.34.150 of Chapter 4.34 of the National City Municipal Code are amended to read as follows: Section 4.34.150 Fees -- Use. All fees, collected pursuant to this chapter and Section 18.88.060 shall be used only for the purpose of providing interim elementary or high school classroom and related facilities. Section 6. Section 18.88.060 is added to Chapter 18.88 of the National City Municipal Code to read as follows: Section 18.88.060 Payment of School Fees for Mobile Home Parks. The following condition shall be included as a condition of approval on any Conditional Use Permit approved for a Mobile Home Park: A'1'i'.r;ST: Prior to placement of any mobile homes within the mobile home park, all school fees stipulated in Section 4.34.120 of the Municipal Code shall be paid to the respective school districts. Proof of payment of the fees, in the form of a Letter of Availability, and/or a School Service Availability Letter from the National School District and the Sweetwater Union High School District, shall be sumbitted to the National City Planning Department. PASSED and ADOPTED this 8th day of July, 1986. Io - Campbell, City Jerk APPROVED AS TO FORM: LL&a George H. iser, III -City Attorney Passed and adopted by the Council of the City of National City, California, on July 8, 1986 by the following vote, to -wit: Ayes: Councilmen Cooper, Dalla, VanDeventer, Waters Nays: Councilmen Morgan Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California City ;clerk of the City of Nations City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on July 1, 1986 and on July 8, 1986 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1888 of the City of National City, passed and adopted by the Council of said City on July 8, 1986 (Seal) City Clerk of the City of National City, California By: Deputy