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HomeMy WebLinkAboutCC ORD 1978-1622 School facilities dedication and fee ordinance (4.34)ORDINANCE NO. 1622 ordinance shall become operative 30 days after its AN ORDINANCE ESTABLISHING PROCEDURES FOR THE ASCERTAINMENT AND THE COLLECTION OF FEES FOR INTERIM SCHOOL FACILITIES The . City Council of the City of National City does ORDAIN as follows: CHAPTER 1 GENERAL PROVISIONS Section 1. CITATION. This Municipal Code Chapter 4.34 shall be known and may be cited as the "School Facilities Dedication and Fee Ordinance." Section 2. AUTHORITY. This ordinance is adopted pursuant to the provisions of Chapter 4.7 (commencing with §65970) of Division 1 of Title 7 of the Government Code. Section 3. OPERATIVE DATE OF ORDINANCE. This e-f Section 4. PURPOSE AND INTENT. This ordinance is intended to implement the school facilities dedication and fees legislation of Chapter 4.7 of the California Government Code within the City of National City and to provide authority whereby the City, affected school districts and applicants for land development approvals are aware of the requirements imposed. Section 5. REGULATIONS. The City Council may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and land policy direction for this ordinance. Section 6. FINDINGS. The City Council of the City of National City finds and declares as follows: a. Adequate school facilities should be available for children residing in new residential developments. b. Private residential developments may require the expansion of existing public schools or the construction of new school facilities. c. In many ares of the City, the funds for the con- struction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools. d. New housing developments frequently cause con- ditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time. e. That, for these reasons, new and improved methods of financing for interim school facilities necessi- tated by new development are needed in National City. Section 7. GENERAL PLAN. The National City General Plan provides for the location of public schools. Interim school facilities to be constructed from fees paid shall be consistent with the General Plan. CHAPTER 2 DEFINITIONS Section 1. 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 district. Section 2. DWELLING UNIT. "Dwelling Unit" is defined as all residential duplexes, apartment houses, condominiums, town houses, and mobile homes wherein the City has discretion- ary permit authority except that no permit fee shall be levied upon single family residences, residential condominiums limited to adults only, senior citizen housing projects, institutional residences, hotels, motels or hospitals. Section 3. RESIDENTIAL DEVELOPMENT. "Residential development" means a project containing residential dwellings, of more than one unit or a subdivision of land for the purpose of constructing one or more residential dwelling units, including a preliminary or final development plan, a subdivision tentative or final map, a parcel map, conditional use permit, or any other discretionary permit for residential use, any of which leads to the construction of a "dwelling unit" as defined herein. Section 4. REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVERCROWDING. "Reasonable methods for mitigating conditions of overcrowding" shall include, but are not limited to the following: a. 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. b. The use of temporary portable classrooms, student busping, classroom double sessions, year-round use of school facilities, school boundary realignments, and elimination of low priority school facility uses. c. The use of available annual tax rate and bond revenues. d. The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources. CHAPTER 3 FINDINGS OF OVERCROWDED ATTENDANCE AREAS Section 1. SCHOOL DISTRICT FINDINGS AND CITY COUNCIL CONCURRENCE. If the governing body of a school district which operates an elementary or high school in the City of National City makes a finding supported by clear and convincing evidence that: (a) conditions of overcrowding exist in one or more at- tendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing and (b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist, the governing body of the school district shall notify the City Council. The notice of findings sent to the City shall specify the mitigation measures considered by the school district. After the receipt of any notice of findings complying with this section, the Council shall determine whether it concurs in such school district findings. The Council may schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination. If the City Council concurs in such findings, the provisions of Chapter 4, Section 1 shall be applic- able to actions taken on residential development by such Council. Section 2. NOTICE OF FINDINGS REQUIREMENTS. Any notice of findings sent by a school district to the City shall specify: a. The findings listed in Chapter 3, Section 1. b. The mitigation measure and methods, including those listed in Chapter 2, Section 4, considered by the school district and any determination made concerning them by the district. c. The precise geographic boundaries of the over- crowded attendance area or areas. d. Such other information as may be required by Council regulation. Section 3. RESTRICTION ON APPROVAL OF RESIDENTIAL DEVELOPMENT/CITY COUNCIL FINDINGS. Within the attendance area where it has been determined pursuant to Chapter 3, Sec- tion 1 that conditions of overcrowding exist, the City Council shall not 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 action will be taken pursuant to this ordinance to provide dedications of land and/or fees to miti- gate conditions of overcrowding, or b. That there are specific overriding fiscal, econ- omic, 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 ordinance. CHAPTER 4 REQUIREMENTS, STANDARDS AND PROCEDURES Section 1. REQUIREMENT OF FEES. For the purpose of establishing an interim method of providing classroom facil- ities where overcrowding conditions exist as determined neces- sary pursuant to Chapter 1, Section 6, the City may require the payment of fees as determined by the Planning Commission or the City Council during the hearings for specific residen- tial development projects as a condition to the approval of a residential development. Prior to imposition of the fees or dedications of land, it shall be necessary for the City Council or the Planning Commission to make the following findings: a. The general plan provides for the location of public schools. b. The land or fees, or both, transferred to a school district shall be used only for the purpose of pro- viding interim elementary or high school classroom and related facilities. c. 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. d. The facilities to be constructed from such fees is consistent with the general plan. Section 2. STANDARDS FOR LAND AND FEES. a. General Standard. 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. Amount of Fee. When fees are required by this ordinance to be paid, such fees shall be $150.00 per bedroom in each unit. Section 3. SCHOOL DISTRICT SCHEDULE. Following the decision by the City to require the payment of fees, and no later than 30 days thereafter, and prior to the levying thereof, the governing body of the school district shall submit a sched- ule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall in- clude 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 modifica- tions to the City Council and the reasons for the modifications. Section 4. FEE PAYMENT. If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued. Section 5. FEES DUE AT BUILDING PERMIT ISSUANCE. Any fee determined to be due hereunder shall be paid at the time building permits are issued, and shall be paid at the rate existing at the time of the issuance of building permits. CHAPTER 5 USES AND LIMITATIONS OF USES OF FEES Section 1. USE OF FEES. All fees, collected pursuant to this ordinance and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities. Section 2. AGREEMENT FOR FEE DISTRIBUTION. Where two separate school districts operate schools in an attendance area where the City Council concurs that overcrowding con- ditions 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 revenues from the fees levied pursuant to this ordinance. Section 3. FEE FUND RECORDS AND REPORTS. As a con- dition of the collection of fees, any school district receiving funds pursuant to this ordinance shall maintain a separate account for any fees paid and shall file an annual 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 which attendance areas will continue to be overcrowded when the fall term begins and where condi- tions 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 City Council. PASSED AND ADOPTED this 25th day of April, 1978. ATTEST: )CITY CLE Passed and adopted by the Council of the City of National City, California, on April 25, 1978 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Camacho, None. Morgan. None. AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California IONE CAMPBELL City Clerk of the City of National 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 April 182 1978 and on April 25, 1978 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. 1622 of the City of National City, passed and adopted by the Council of said City on April 25, 1978. (Seal) City Clerk of the City of National City, California By: Deputy