33-32 School site dedications; conditions of overcrowding

Sec. 33-32. School site dedications; conditions of overcrowding.

a. Requirements.No tentative subdivision map or parcel map for residential purposes shall be approved where the Planning Commission has concurred in a school district’s notice of findings that conditions of overcrowding in an attendance area exist unless the Planning Commission makes one of the following findings:

1.That the impact of the proposed development upon the schools servicing the area requires the dedication of land and/or the payment of in-lieu fees by the developer to mitigate such impacts.

2.That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the Planning Commission would benefit the City, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this Section.

b. School district findings.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 methods for reducing such conditions exist.

Upon making these findings, the school district must provide the City with notice of its findings.

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

1.The findings listed in subsection (b) of this section.

2.The mitigation measures and methods considered by the school district and any determination made concerning them by the district. These mitigation methods shall include the following:

i.Agreements between a subdivider and the 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.

ii.The use of available annual revenue limit and bond revenues.

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

3.A description of the geographic boundaries of the overcrowded attendance area or areas.

4.Such other information as may be required by Planning Commission regulation.

d. City concurrence.After receipt of any notice of findings from a school district complying with the requirement of subsection (c) of this section, the Planning Commission shall determine whether it concurs in such school district findings. If it concurs with the school district’s findings, it shall do so by resolution.

e. School district schedule.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 will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Planning Commission and the reason for the modifications.

1. 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 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.

2. Small subdivisions.Only the payment of fees is required for the approval of a subdivision map containing 50 parcels or less.

3. Amount of land.The total land area required by this Section to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required by this Section. The Public Works Director shall determine and establish the monetary value of the land area for the purposes of this Section.

4. Amount of fees.When fees are required by this Section to be paid in lieu of land dedication or as a combination of both, such fees shall be, and paid, as follows:

i.$300 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 Section.

ii.$300 for each dwelling unit space or lot in a mobile home park.

iii.$900 per lot where the size of the proposed dwelling units cannot be determined at the time of approval of the final map or parcel map.

g. Exemptions.Projects converting existing apartment buildings into condominiums shall be exempt from the requirements of this Section if no additional dwelling units are added.

1. Application filing.At the time of filing an application for the approval of a tentative subdivision map or parcel map located in an attendance area where the Planning Commission has concurred with a school district’s finding that conditions of overcrowding exist, the applicant shall, as a part of such filing, 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 indicate the land on the subdivision map.

2. Decision factors.At the time of approval of the tentative subdivision map, the Planning Commission 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 Planning Commission shall consider the following factors:

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

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

iii.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.

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

3. Land dedication.When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in this Chapter for streets and public easements.

4. Fee payment.If the payment of a fee is required, such payment shall be made at the time the final subdivision map or parcel map is filed.

5. Trust land and fees.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.

6. City refunds.If a final subdivision map or parcel map is voided and if the City or school district still retains the land and/or fees collected for it, and if the applicant so requests, the Board/Council shall order returned to him such land and/or fees.

1. Use of land and fees.All land or fees, or both, collected pursuant to this Section 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.

2. Agreement for fee distribution.Where two or more separate school districts operate schools in an attendance area where the Planning Commission concurs that overcrowding conditions exist for both school districts, the Planning Commission 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 Section.

3. Fee fund and land records and reports.Any school district receiving funds or land pursuant to this Section shall maintain a separate account for any fees paid and disposition of land received and shall file a report with the Planning Commission 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 Planning Commission.

4. Termination of dedication requirements.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 Section for the area. (Ord. 3472 § 1, 2012; Ord. 3429 § 1, 2009; Ord. 3424 § 1, 2009)