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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-