HomeMy WebLinkAboutOrdinance 107 ORDINANCE NO. 107
AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 6
TO TITLE 3 OF THE ATASCADERO MUNICIPAL CODE RELATING TO
DEDICATION OF LAND AND PAYMENT OF FEES FOR INTERIM
SCHOOL FACILITIES
THE COUNCIL OF THE CITY OF ATASCADERO ORDAINS AS
FOLLOWS:
SECTION l: Chapter 6 is added to Title 3 of the
Atascadero Municipal Code to read as follows:
CHAPTER 6
INTERIM SCHOOL FACILITIES
Sections:
3-6.01 Title.
3-6.02 Purpose.
3-6.03 Authority.
3-6.04 General Plan.
3-6.05 Regulations.
3-6.06 Definitions.
3-6.07 Notification of Conditions of Overcrowding.
3-6.08 Content of Findings.
3-6.09 City Council's Public Hearing on
Overcrowding.
3-6.10 School District Plan to Solve Overcrowding.
3-6.11 Dedication of Land or Payment of Fees by
Developers.
3-6.12 Processing of Application.
3-6.13 Use of Land and Fees.
3-6.14 Exemptions.
3-6.15 Payment of Fee.
3-6.16 Refunds of Paid Fees.
3-6.17 Termination.
3-6.18 Accounting and Annual Report.
3-6.01 Title. This chapter shall be known and may be
cited as the "Interim School Facilities Ordinance. "
3-6.02 Purpose. The purpose of this chapter is to
provide a method for financing interim school facilities
necessitated by conditions of overcrowding caused by new
residential developments.
3-6.03 ,Authority. This chapter is adopted pursuant to
the provisions of Chapter 4.7 (commencing with Section
65970) of Division 1 of Title 7 of the Government Code.
3-6.04 General Plan. The City's General Plan provides
for the location of public schools. Interim school facili-
ties to be constructed from fees or land required to be
dedicated or both shall be consistent with the General Plan.
3-6.05 Regulations. The City Council may from time to
time, by resolution, issue regulations to establish fees,
administration, procedures, interpretation and policy
direction for this ordinance.
3-06.06 Definitions. The following terms shall have
the following meanings when used in this chapter:
(a) "Attendance area" means that area established by
the governing board of the school district, within which
children must reside to attend a particular school;
(b) "Building permit" means a building permit for
residential development, an application for which was not
accepted for processing by the Planning Department of City
on the effective date of this ordinance;
(c) "City Council" means City Council of the City of
Atascadero;
(d) "Conditions of overcrowding" means that the total
enrollment of a school, including enrollment from proposed
development, exceeds the capacity of such school;
(e) "City Clerk" means City Clerk of City;
(f) "Developer" means any person, association, firm,
partnership, corporation, other business entity, or public
agency establishing, installing, or constructing a residen-
tial dwelling unit;
(g) "Dwelling unit" means a building or portion
thereof, or a mobile home, designed for residential occupa-
tion by one person or a group of two or more persons living
together as a domestic unit. Dwelling unit shall not mean
remodels or room additions to existing residential struc-
tures nor shall it include hotel or motel units;
(h) "Interim school facilities" means temporary
classrooms not constructed with a permanent foundation and
defined as a structure containing one or more rooms, each of
which is designed, intended and equipped for use as a place
for formal instruction of pupils by a teacher in a school;
temporary classroom toilet facilities not constructed with a
permanent foundation; and reasonable site preparation and
installation of temporary classrooms and toilet facilities;
(i) "Planning Director" means the Planning Director of
City;
-2-
('j) "Reasonable methods for mitigating conditions of
overcrowding" include, but are not limited to:
(1) The use of all available revenues, including
general fund, to the full extent authorized by law;
(2) Attendance area boundary adjustments;
(3) The use of school district property for
temporary use buildings;
(4) The temporary or permanent use of other
schools in the district not having overcrowded conditions;
(5) The use of student transportation;
(6) The use of existing and proposed relocatable
structures;
(7) The full use of funds which could be avail-
able from the sale of surplus school district real property;
(8) Eliminating non-mandated school programs and
facilities;
(9) The use of classroom double sessions;
(10) The use of year-round school programs; and
(11) The pursuit and use of available tax, bond,
state lottery allocations and other revenue procedures to
the full extent authorized by law;
(k) "Residential development" means a project requir-
ing a building permit for residential dwellings, including
mobile homes, of one or more units.
3-06.07 Notification of Conditions of Overcrowding,.
Pursuant to Government Code Sections 65970 et seq. , the
governing board of any school district operating an elemen-
tary or high school may, with respect to any of its atten-
dance areas located in whole or in part within the City of
Atascadero make and file with the City Council written
findings supported by clear and convincing evidence that:
(a) Conditions of overcrowding exist in the school or
schools of such attendance area which will impair the normal
functioning of educational programs, including the reasons
for such conditions existing; and
(b) All reasonable methods for mitigating conditions
of overcrowding have been evaluated and no feasible method
for reducing such conditions exists.
3-06.08 Content of Findings. Findings filed pursuant
to Section 3-06.07 shall contain the following:
(a) A precise description of the geographic boundaries
of the attendance areas to which the findings relate;
(b) A list of the mitigation measures evaluated by the
governing board of the school district and a statement of
the reasons why such measures were found to be infeasible;
(c) The evidence upon which such findings were based;
and
-3-
(d) Such other information as may be required by the
Planning Director or City Council to carry out the purposes
of this chapter.
3-06.09 City Council's Public Hearing on Overcrowding.
Within thirty (3) days of receipt of a school district's
complete notice of overcrowding pursuant to Sections 3-06.07
and 3-06.08, the City Council shall commence a public
hearing, and shall thereafter do one of the following:
(a) Concur in the school district's findings of
overcrowding;
(b) Request additional information to verify the
school district's findings of overcrowding; or
(c) Reject the school district' s findings of over-
crowding and inform the school district of the reasons for
such rejection.
If the City Council concurs with a school district's
findings that conditions of overcrowding exist within an
attendance area, it shall adopt a resolution specifying its
concurrence based upon the evidence provided in the school
district's notice and findings.
3-06.10 School District Plan to Solve Overcrowding.
After the City Council's adoption of a resolution of concur-
rence with the school district's notice and findings, the
governing body of the school district shall submit a de-
tailed plan or schedule specifying for such affected atten-
dance area how it will use land or fees, or both, to solve
the conditions of overcrowding. The schedule shall include,
for each attendance area, the school sites to be used, the
classroom facilities to be made available, and the times
when such facilities will be available. In addition, the
school district shall provide data showing the least expen-
sive methods for financing the district's plan, including
the cost of leasing for a maximum period of five (5) years
interim use facilities. In the event the governing body of
the school district cannot meet the scheduler it shall
submit modifications to the City council together with the
reasons for the modifications.
The City Council shall review such plan at a regular
meeting, and shall approve or disapprove it. If the City
Council disapproves the plan, it shall provide the school
district with written notice of its reasons for disapproval.
3-06.11 Dedication of Land or Payment of Fees by
Developers. After the City Council's approval of the school
district's plan, no building permit shall be approved in the
attendance area described in said notice and findings, until
the developer has either dedicated land, paid fees, or
provided both dedicated land and fees or agreed to dedicate
-4-
land, pay fees, or provide both dedicated land and fees to
the school district as hereinafter provided.
(a) Fees. The City Council shall establish fees by
resolution and may amend such fee schedules from time to
time. If the City Council does not concur with the amount
of fees to be paid requested by the governing board of the
school district, the City Council shall, by resolution,
adopt such amount of fees as it may deem proper in lieu of
that requested.
The City may require the school district to
provide updated information to the City Council from time to
time which the City Council may utilize in electing to
adjust fees. Such information may consist of, but is not
limited to, new census data for the City or portions
thereof, school census data for the City or portions
thereof, new lease and purchase data for relocatables, and
changes in classroom maximums or standards.
The amount of fees to be paid shall bear a reason-
able relationship and will be limited to the needs of the
community for interim school facilities and shall be reason-
ably related and limited to the need for schools caused by
the development.
(b) Land Dedication. If the developer and the school
district propose to agree to land dedication in lieu of fees
or a combination of dedicated land and fees, the City
Council shall consider the proposal within thirty (30) days
of receipt of a written proposal by the school district, and
may approve or disapprove the dedication or combination of
dedication and fees after considering at least the following
factors:
(1) Whether lands offered for dedication will be
consistent with the general plan;
(2) The topography, soils, soil stability,
drainage, access, location and general utility of land in
the development available for dedication;
(3) Any recommendations made by affected school
districts concerning the location and amount of lands to be
dedicated; and
(4) Whether the location and amount of lands
proposed to be dedicated or the combination of dedicated
land and fees will bear a reasonable relationship and will
be limited to the needs of the community for interim elemen-
tary and/or high school facilities and will be reasonably
related and limited to the need for schools caused by the
development.
3-0¢.12 Processing of A plication. Prior to final
approval of a building permit for a residential dwelling
unit or units which is located in whole or in part in an
-5-
attendance area where a school has been determined to be
overcrowded pursuant to this chapter and for which the City
Council has adopted a fee schedule pursuant to Section
3-06.11 (a) , the applicant shall present to the Planning
Director evidence of one of the following:
(a) Payment to the school district of the fees re-
quired by resolution of the City Council adopted pursuant to
Section 3-06.11 which is in effect at the time the applicant
applies for a building permit;
(b) An agreement in writing with the affected school
district by which the applicant agrees to dedicate to the
school district and the school district agrees to accept
land to be used to relieve the overcrowding in the dis-
trict's schools as an alternative to payment of fees under
subsection (a) above;
(c) An agreement in writing with the affected school
district by which the applicant agrees to both dedicate land
and pay fees to the school district and the school district
agrees to accept the combination of dedicated land and fees
to relieve the overcrowding in the district's schools as an
alternative to only the payment of fees under subsection (a)
above and to only the dedication of land under subsection
(b) above. The amount of the fees shall be determined by
the City council pursuant to Section 3-06.11.
(d) A written statement of the applicant, with
supporting documentation, that there are specific overriding
fiscal, economic, social or environmental factors benefiting
the City which will justify the approval of such residential
development without compliance with the fee payment or land
dedication requirements of this chapter.
If the applicant provides such a statement of over-
riding factors under subsection (d) , the Planning Director
shall place the matter on the agenda of the City Council for
public hearing to be held not less than forty-five (45) days
after receipt of the statement, and shall give the school
district at least ten (10) days written notice of the
hearing along with a copy of the statement.
If after public hearing, the City Council agrees that
overriding factors benefiting the City justify approval
without the payment of fees or dedication of land, it shall
direct the Planning Director to continue processing the
application. If the City Council finds that there are not
sufficient overriding factors, it shall direct the Planning
Director to take no further action to process the applica-
tion until the documentation required by subsections (a) ,
(b) , or (c) has been provided.
The Planning Director shall refuse to grant final
approval to a building permit for a residential dwelling
unit which is within a school attendance area in which the
-6-
440 •
City Council has found that conditions of overcrowding exist
and for which the City Council has approved the school
district's plan to solve overcrowding, until the applicant
has complied with this section.
3-06.13 Use of Land and Fees. All land or fees, or
both, collected by a school district pursuant to this
ordinance shall be used only for the purpose of providing
interim school facilities as defined in Section 3-06.06 (h) .
3-06.14 Exemptions. Residential development shall be
exempt from the requirements of this ordinance when it
consists of any one or more of the following:
(a) Any modification or remodeling of an existing
legally established dwelling unit;
(b) A condominium project converting an existing
apartment building into condominiums where no new dwelling
units are added or created;
(c) Any rebuilding of a legally established dwelling
unit destroyed or damaged by fire, explosion, act of God or
other accident or catastrophe;
(d) Any rebuilding of a historical building recog-
nized, acknowledged and designated as such by the City
Planning Commission or City Council;
(e) Any residential development where the City Council
finds there are specific overriding fiscal, economic, social
or environmental factors benefiting the City which, in the
sole judgment of the City Council would justify the approval
of such development without the payment of fees or dedica-
tion of land.
3-06.15 Payment of Fee. If the payment of fees is
required, such payment shall be made by the developer to the
school district prior to the time of issuance of the build-
ing permit.
3-06.16 Refunds of Paid Fees. If a building permit
approval is vacated or voided and if the affected school
district still retains the land or fees collected therefor,
and if the applicant so requests in writing, the governing
body of the school district shall order the land or fees
returned to the applicant.
3-Q6.17 Terminatign. As soon as overcrowding condi-
tions cease to exist or reasonable methods of mitigating
conditions of overcrowding are feasible, the school district
shall immediately notify the City Council. Upon receiving
such notice, or upon City Council 's determination that
overcrowding conditions cease to exist or that reasonable
-7-
490
methods for mitigating conditions of overcrowding are
feasible, the City council shall cease the requirement of
fees or land dedication required by this chapter. In any
event, this chapter shall be automatically repealed and of
no further force and effect three (3) years from the date of
this ordinance.
3-06.18 Accounting and Annual Report. Any school
district receiving funds or land pursuant to this ordinance
shall maintain a separate trust account for any funds paid.
Within one month of the end of each school semester, the
district shall file with the City Council a report speci-
fying for the reporting period the amount of funds received,
the use made of funds expended, and reasons for the con-
tinued need of such funds, if any exist. In addition, the
reports shall specify which attendance areas will continue
to be overcrowded when the next term begins and when and
where conditions of overcrowding will no longer exist. The
district shall also annually provide, within three (3)
months of the end of the district's fiscal year, an indepen-
dent audit of the school fee trust account. The City may,
at any reasonable time, cause an independent audit to be
conducted of the fees collected by the governing board of
the school district for the purposes authorized by this
section.
SECTION 2: If any section, subsection, sentence,
clause, or phrase of this ordinance is for any reason held
to be invalid or unconstitutional by the decision of a court
of competent jurisdiction, such decision shall not affect
the validity or the constitutionality of the remaining
portions of this ordinance. The City Council hereby de-
clares that it would have passed this ordinance and each
section, subsection, sentence, clause, or phrase thereof
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, or phrases be declared
invalid or unconstitutional.
SECTION 1: This ordinance shall become effective
upon its passage by a four-fifth's vote as an urgency
measure for the immediate preservation of the public peace,
health and safety. The Council finds that further delay in
being able to evaluate and implement methods to mitigate
reported overcrowded conditions in the Atascadero Unified
School District will hamper the ability of the City Council
to take steps to mitigate this reported situation, thereby
justifying having this ordinance become effective immedi-
ately upon its passage.
-8-
SECTION 4: This ordinance shall be automatically
repealed and have no further effect three (3) years from the
date of its final passage.
SECTION 5: The City Clerk shall cause this ordi-
nance to be published once within fifteen (15) days after
its passage in the Atascadero News, a newspaper of general
circulation, printed, published, and circulated in this City
in accordance with Government Code Section 36933; shall
certify the adoption of this ordinance; and shall cause this
ordinance and its certification to be entered in the Book of
Ordinances of this City.
On motion by Councilman Molina , seconded by
Councilwoman Mackey , the foregoing Ordinance is
hereby adopted in its entirety on the following roll call
vote:
ADOPTED: June 24 , 1985
AYES: Councilmen Molina & Handshy, Councilwoman Mackey
and Mayor Nelson
NOES: Councilwoman Norris
ABSENT: NONE r�oc
ROLFE NE SON, Mayor
AT`i"EST's
ROBERT M. JOWESp City Clerk
ROVE S 0 FORM; APPROV=
ROG99�b_:"AU'0' dR.
:
MICHAEL SHELTON, ity Manager
Interim CWy A torney
-9-