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HomeMy WebLinkAbout1978-09-05; City Council; 9505; CMC 21.55 adds - Land dedications/fees & interim school facs.. 1 2 3 4 5 6 7 a 9 10 I1 12 0 d - 18 19 20 21 22 23 24 25 26 27 28 0 ORDINANCE NO e 9505 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSRAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.55 RELATING TO THE PROVISION OF INTERIM SCHOOL FACILITIES BY REQUIRING DEDICATIONS OF LAND AND FEES. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION I: That Title 21 of the Carlsbad Municipal Code is amended by the addition of Chapter 21.55 to read as follows: "Chapter 21.55 DEDICATION OF LAND AND FEES FOR SCHOOL FACILITIES Sections : 21.55.010 21.55.020 21.55.030 21.55.040 21.55.050 21.55.060 21.55.070 21.55.080 21.55.090 21.55.100 21.55.110 21.55.120 21.55.130 21.55.140 21.55.150 21.55.160 21.55.170 21.55.180 21.55.190 21.55.200 21.55.210 21.55.220 21.55.230 21.55.240 21.55.250 21.55.260 21.55.270 21.55.280 21.55.290 Title. Authority-conflict. Purpose and intent. Regulations. Findings. General Plan. Definitions. Exemptions. Notice to school districts. School district findings. Requirements of notice of findings. Restriction on approval of residential developments -- City Council findings. Requirement of fees and/or dedications. Payment of fees in smaller develqments Standards for land dedication and fees. Filing application for residential development Notification to school districts. Decision factors. School district schedule. Land dedication. Fee payment. Fees held in trust. Use of land and fees. Refunds. Agreement for fee distribution. Fee fund records and reports. Termination of dedication and fee requirements Operative date. Residential developments in process--exempted. . .' 1 2 3 4 5 6 7 e 9 10 11 12 0 19 2c 21 22 22 24 25 26 27 28 21.55.010 Title. This chapter shall be known as the "School Facilities Dedication and Fee Ordinance." 21.55.020 Authority-conflict. This chapter is adopted pursuant to the provisions of Chapter 4.7 (Commencing with - Section 65970) of Division 1 of Title 7 of the California Govern- ment Code. of this chapter, and those of Chapter 4.7, the latter shall prevail In the case of any conflict between the provisions 21.55.030 Purpose and intent. This chapter is intended to imDlement the school facilities dedication and fees leqislation inithe City of Carlsbad and to provide authority whereby the City, affected school districts, and applicants for land development approvals may undertake such reasonable steps as the City Council determines to be necessary to alleviate overcrowding of school facilities. 21.55.040 Regulations. The City Council may from time-to- time, by resolution, issue regulations to establish procedures, interpretations and policy directions for the administration of this chapter. 21.55.050 Findings. The City Council of the City of (a) Adequate school facilities should. be available for chil- (b) Public and private residential developments may require Carlsbad finds and declares as follows: dren residing in new residential developments. the expansion of existing public schools or the construction of new school facilities. (c) In many areas of the City, the funds for the construction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools. overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time. financing for interim school facilities necessitated by new development are needed in the City of Carlsbad. (d) New housing developments frequently cause conditions of (e) That, for these reasons, new and improved methods of 21.55.060 General Plan. The General Plan of the City of Carlsbad provides for the location of public schools. Those interim school facilities to be constructed from fees paid or those lands to be dedicated for school facilities as required by this chapter shall be consistent with the General Plan of the City of Carlsbad. 21.55.070 Definitions. Whenever the following words are used in this chapter, unless otherwise defined, they shall have the meaning ascribed to them in this section: (a) "Conditions of overcrowding" means that the total enroll- ment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the district. Commission, City Engineer, Planning Director and Building Director (b) "Decision-making body" means the City Council, Planning 2. 1 2 3 4 5 6 7 a 9 10 11 12 n a 19 20 21 22 23 24 25 26 27 28 (c) "Dwelling unit"meansa building or a portion thereof, or a mobilehome, designed for residential occupancy by one person or a group of two or more persons living together as a domestic unit. (d) "Reasonable methods for mitigating conditions of over- crowding" shall include, but not be limited to, the following: (1) Agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to the school district; (2) The use of temporary-use buildings owned by the school district; (3) 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 ; or state loan revenues, to the extent authorized by law; (5) The use of funds which could be available from the sales of surplus school district real property and funds available from any other sources. (4) The use of available annual tax rate bond revenues (e) "Residential development" means a project containing residential dwellings, including mobilehomes, of one or more units, or a subdivision of land for the purpose of constructing one or more residential dwelling units. Residential development includes but is not limited to: (1) A tentative or final subdivision map or parcel map (2) A conditional use permit. (3) A site development plan. (4) A variance. (5) A privately proposed specific plan or amendment or a time extension or amendment to such a map. thereto which would allow an increase in authorized residential density. Plan which would allow an increase in authorized residential density. use or to a more intense residential use. (6) A privately proposed amendment to the City General (7) An ordinance rezoning property to a residential (8) A grading permit. (9) A building permit. (10) Any other discretionary permit for residential use. 21.55.080 Exemptions. A residential development shall be exempt from the requirements of this chapter when it consists only of the following: (a) Any modification or remodel of an existing legally established dwelling unit where no additional dwelling units are created. destroyed-or damaged by accident, act of God or other catastrophe. to this chapter in connection with the issuance of approvals for the construction of the building being converted. (b) Any rebuilding of a legally established dwelling unit (c) A condominium conversion where fees have been paidpursuan. 3. 1 2 3 4 5 6 7 a 9 10 11 12 n 19 2c 21 22 22 24 25 26 27 28 21.55.090 Notice to school districts. The City shall notify all potentially affected school districts of an application for any residential developments proposed for location within their boundaries. Such notice shall not be required if said district has already made the findings listed in Section 21.55.100 or for developments for which a grading permit or building permit are the only required City approvals. 21.55.100 School district findings. If the governing body of the school district which operates an elementary or high school in the City of Carlsbad makes a finding supported by clear and convincing evidence that: dance 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 of the City of Carlsbad. 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 City Council shall determine whether it concurs in such school district findings. hearing on the matter of its proposed concurrence prior to making its determination. If the City Council concurs in such findings, the provisions of Section 21.55.120 shall be applicable to actions taken on residential development by a decision-making body. (a) Conditions of overcrowding exist in one or more atten- The City Council may schedule and hold a public 21.55.110 Requirements of notice of findings. Any notice of findings sent by a school district to the City Council shall specify: listed in Section 21.55.070(d) considered by the school district and any determination made concerning them by the district. attendance area or areas. Council. (a) The findings listed in Section 21.55.100. (b) The mitigation measures and methods, including those (c) The precise geographic boundaries of the overcrowded (d) Such other information as may be required by the City 21.55.120 Restriction on approval of residential develop- ments--Citv Council findinqs. Within the attendance area where it has bee; determined pursuant to Section 21.55.100 that con- ditions of overcrowding exist, no decision-making body shall approve an application for a residential development within such area, unless such decision-making body makes one of the following findings : 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 decision-making body would benefit the City, thereby justifying the approval of a residential development otherwise subject to the provisions of this chapter. An agreement between the applicant (a) That action will be taken pursuant to this chapter to 4. 1 2 3 4 5 6 7 8 9 10 11 12 n 19 2c 21 22 22 24 25 26 27 2E for a residenti Id velopment and the school district to mitigate conditions of overcrowding within that attendance area may be considered by a decision-making body as such an overriding factor. 21.55.130 Requirement of fees and/or dedications. For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined pursuant to Section 21.55.100, the City may require, as a conditior to the approval of a residential development, the dedication of land, the payment of fees in lieu thereof, or a combination of both, as determined by a decision-making body during the hearings and other proceedings on specific residential development appli- cations falling within its jurisdiction. Prior to imposition of the fees and/or dedications of land, it shall be necessary for a decision-making body acting on the application to make the following findings: (a) The City 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 providing interim elementary, junior high or high school classroom and related facilities. (c) 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, junior high 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, purchased, leased, or rented from such fees, orthe land to be dedicated, or both, is consistent with the City General Plan. 21.55.140 Payment of fees in smaller developments. Only the oavment of fees shall be required in subdivisions containing fift; -(50) lots or less and in residential developments where a building permit or grading permit are the only required City approvals. Sections 21.55.160, 21.55.170, 21.55.180 and 21.55.190 shall not apply to residential developments for which only fees may be required. 21.55.150 Standards for land dedication and fees. The standards for the amount of dedicated land or fees to be required shall be determined by the City Council and set by resolution. The governing board of each school district where a determination has been made pursuant to Section 21.55.100 that conditions of overcrowding exist, shall recommend standards for their attendance areas to the City Council. Such standards and the facts supportin' them shall be transmitted to the City Council. If the City Counci concurs in such recommended standards, they shall, until revised, be used by decision-making bodies in situations where dedications of land and/or fees are required as a condition to the approval of a residential development. City Council from using standards other than those recommended by the school district in the event the City Council is unable to concur in those transmitted by the district. Nothing herein shall prevent the 21.55.160 Filing application for residential development. 5. 1 2 3 4 5 6 7 8 9 10 11 d u 18 19 20 21 22 23 24 25 26 27 28 At the time of filing an application for approval of a residential development located within an attendance area where the findings required by Section 21.55.100 have been made, the applicant shall, as part of such filing, indicate whether he prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he shall suggest the the specific land. 21.55.170 Notification to school districts. Upon receipt of an application for a residential development within an atten- dance area where the findings required by Section 21.55,lOO have been made, the Planning Director shall notify the affected school districts thereof. Said notification shall be mad-e no later than thirty (30) days prior to consideration of the application by a decision-making body. 21.55.180 Decision factors. (a) Upon receipt of the notification required by Section 21.55.170, the governing board of the afc'ected school district shall recommend whether a dedication of land within the develcpment, payment of a fee in lieu thereof, or a combination of both, should be required. The school district shall make and transmit their recommendation to the Planning Director within twenty (20) days of the notification date. Failure by a district to reply within such twenty-day period shall be deemed to be a recommendation that a fee payment only be required. The Planning Director shall submit the recommendation to the appropriate decision-making body for concurrence. If the decision-making body concurs in such recommendations, it may, at the time O€ its consideration of a residential development application, impose such requirements. In their respective actions regarding this determination, the school district and the decision- making body shall consider the following factors: Whether lands offered for dedication will be consistent with the City General Plan. Whether the lands offered for dedication meet the criteria established by Education Code Section 39000, et seq. The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication. 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, junior high school, or senior high school facilities and will be reason- ably related and limited to the need for schools caused by the development. If only a subdivision is proposed, whether it will contain fifty (50) parcels or less. Nothing herein shall prevent a decision-making body from imposing requirements other than those recommended by the school district in the event that a decision-making body is unable to concur in the district's recommendation hereunder. (b) If the school district has entered into an agreement with 6. a- *. I. 1 2 2 c 4 E E 'i E s ZC 11 12 n 2c 21 22 22 24 25 26 27 28 the applicant for the residential development to mitigate condition: of overcrowding within the attendance area covered by the applica- tion, the governing board shall upon receipt of the notification required by Section 21.55.170 so advise the Planning Director and transmit a copy thereof €or submission to the appropriate decision- making body for consideration as an overriding factor under Section 21.55.120. 21.55.190 School district schedule. Following the action by a decision-making body to require the dedication of land or the payment of fees, or both, the Planning Director shall notify each school district affected thereby. The governing body of the school district shall then 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 City Council and the reasons for the modifications. 21.55.200 Land dedication. When land is to be dedicated, it shall be offered for dedication to the affected school district in substantially the same manner as prescribed in Title 20 regarding streets and public easements for subdivisions. Dedicated land which subsequently is determined by the school district to be unsuitable for school purposes may be sold with the approval of the City Council. The funds derived therefaom must be used in accordance with this chapter, 21.55.210 Fee payment. If the payment of a fee is required, such payment or the pro rata amount thereof shall be made at the time a building permit within the residential development is approved and issued. 21.55.220 Fees held in trust. Fees paid under this chapter shall be held in trust by the City. Such fees, plus accrued interest, less a reasonable service and handling charge of no more than the accrued interest, shall be transferred to the school districts operating schools within the attendance area from which the fees were collected from time-to-time as the City Council may determine. 21.55.230 Use of land and fees. All land or fees, or both, collected pursuant to this chapter and transferred to a school district, shall be held in trust and shall be used only by the district for the purpose of providing interim elementary, junior high or high school classroom and related facilities in the attendance area from which the land or fees were collected. 21.55.240 Refunds. If a residential development approval is vacated or voided, and if the affected school district has not made use of the land and/or fees collected therefor, and if the applicant so requests, the governing board of the school district shall order the land and/or fees returned to the applicant. 7. 1 2 3 4 5 6 7 a 9 10 11 19 20 21 22 23 24 25 26 27 28 21.55.250 Agreement for fee distribution. If two separate school districts operate schools in an attendance area where the 3ity Council has concurred that overcrowding conditions exist for 30th school districts, the City Council will enter into an agree- nent with the governing body of each school district for the ?urpose of determining the distribution of revenues from the fees levied pursuant to this chapter. In the event the school districts 30 not agree, the City shall retain all fees until an agreement is secured. 21.55.260 Fee fund records and reports. Any school district receiving funds pursuant to this chapter shall maintain a separate xcount for any fees paid and shall file a report with the City Zouncil on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed 3uring the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be overcrowded shen the fall term begins and where conditions of overcrowding vi11 no longer exist. Df each year and shall be filed more frequently at the request of the City Council. Nhen it is determined by the City Council that conditions Of overcrowding no longer exist in an attendance area, decision-making bodies shall cease levying any fee or requiring the dedication of any land for that area pursuant to this chapter. Action under this section shall not affect the validity of conditions already imposed for levy of fees and dedications of land and such conditions shall remain binding. Such report shall be filed by August 1 21.55.270 Termination of dedication and fee requirements. 21.55.280 Operative date. This chapter shall become operative thirty (30) days after its effective date. 21.55.290 Residential developments in process--exempted. Residential developments for which the only City approvals required are a grading permit or building permit, are exempt from the provisions of this chapter,provided the application for such grading permit or building permit has been accepted by the City as complete and was on file with the City on September 5, 1978. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the '15th day of AUCJ~S~ I 8. 1 2 3 4 5 6 7 a 9 1c 11 12 1: 14 1: 1t 1‘; 1E 1; 2( 21 2: 2; 24 2: 2t 2: 2t 1978 and thereafter. PASSED AND ADOPTED at a regular meeting of said City Council held on the 5th day of September , 1978 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None Councilwoman Casler ABSENT: None ATTEST: (SEAL) 9.