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Home My WebLink About1979-09-04; City Council; 9533; CMC 20.20.115 add/21.55.110 amend - School facs land dedication/feest 7. L I( 11 1s 2c 21 22 23 24 25 26 27 28 ORDINANCE NO. 9533 AN EMERGENCY ORDINANCE AS AN URGENCY MEASURE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTER 20.20 AND TITLE 21, CHAPTER 21.55 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO REVISE THE PROVISIONS REQUIRING DEDICATION OF LAND AND FEES FOR SCHOOL FACILITIES AND DECLARING THE URGENCY THEREOF. The City Council of the City of Carlsbad, California hereby ordains as follows: SECTION 1: That Title 20, Chapter 20.20 of the Carlsbad Municipal Code is amended by the addition of Section 20.20.115 to read as follows: "20.20.115 Notice of owner's development lien. When an owner's development lien has been created pursuant to the provisions of Article 2.5, commencing with Section 39327 of Chapter 3 of Part 23 of the California Education Code on the real property or portion thereof subject to the final map, a notice as specified in Section 66434.1 of the California Government Code shall be placed on the face of a final map." SECTION 2: That Title 21, Chapter 21.55 of the Carlsbad Municipal Code is amended by the amendment of Section 21.55.070 to designate the existing Subsections (d) and (e) respectively, as Subsections (e) and (f) respectively, and by the addition of a new Subsection (d) to read as follows: (d) "Interim facilities" or "interim school facilities" means temporary classrooms, including their utilities, furnishings and toilet facilities not constructed with permanent foundations. 'I SECTION 3: That Title 21, Chapter 21.55 of the Carlsbad Municipal Code shall be amended by the amendment of Section 21.55.110 to designate the existing Subsection (d) as Subsection (e) and by the addition of Subsection (d) to read as follows: . 5 IC 19 20 21 22 23 24 25 26 27 28 "(a) Whether the school district has received an apportionment pursuant to the Leroy F. Green State School Building Lease Purchase Law of 1976 [Chapter 22 (commencing with Section 17700) of Part 10 of the California Education Code]." SECTION 4: That Title 21, Chapter 21.55 Municipal Code is amended by the amendment of Subsection (c) to add the following language: ", provided, however, the fee shall not of the Carlsbad Section 21.55.130, xceed the amount necessary to pay five annual lease payments for the interim facilities. In lieu of the fees, the builder of a residential development may, at the developer's option and at the developer's expense, provide interim facilities, owned or controlled by such developer, at the place designated by the school district, and at the conclusion of the fifth school year the developer shall, at developer's expense, remove the interim facilities from such place." SECTION 5: That Title 21, Chapter 21.55 of the Carlsbad Municipal Code is amended by the amendment of Section 21.55.150 and by the addition of Section 21.55.155 to read as follows: "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 supporting them shall be transmitted to the City Council within sixty days of a request therefor by the City Council or within sixty days following the issuance of the initial permit for the development. Failure to provide such recommendation shall constitute a waiver by the governing body of the school district of the fees. If the City Council 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. the 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 21.55.155 Limitation on fee--builder's option. (a) Notwithstanding anythinq in this chapter to the contrary, after a school-district-has received- an apportionment pursuant to the Leroy F. Green State School Building Lease Purchase Law of 1976 [Chapter 22 (commencing with Section 17700) of Part 10 of the California Education Code], the dedication -2- 1. 1 2 3 4 5 6 7 a 9 LO 11 12 9 19 2c 21 22 2z 24 25 2E 27 2E of land or the payment of a fee shall not be required. Any school district receiving such an apportionment shall immediately notify the City. the fee to be required by this chapter shall not exceed the amount necessary to pay five annual lease payments for the interim facilities. In lieu of such fees, the builder of a residential development shall have the option, at his expense, of providing interim facilities, owned or controlled by such builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at his expense, remove the interim facilities. In exercising such option the builder shall make arrangements satisfactory to the school district prior to the issuance of building permits within the residential development." DECLARATION OF URGENCY: This is an emergency ordinance (b) Notwithstanding the provisions of Section 21.55.150, adopted as an urgency measure pursuant to California Government Code Section 36937, and shall take effect immediately. On July 24, 1979, Assembly Bill No. 8 of the 1979-80 Regular Session of the California Legislature was signed into law as an urgency measure effective immediately. In order to conform the City's school facilities dedication and fee ordinance provisions to that state law and administer that ordinance in a manner consistent therewith, it is necessary that this ordinance take effect immediately. EFFECTIVE DATE: This ordinance shall be effective imnediately upon passage. The City Clerk of the City of Carlsbad shall certify to the adoption of this ordinance and cause it to be published once in the Carlsbad Journal within fifteen days after its adoption. /// /// /// /// /// -3- INTRODUCED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California held on the 4th day of September , 1979 by the following vote, to wit: AYES : Councilmen Packard, Skotnicki, Anear, Lewis and NOES : None Councilwoman Casler ABSENT : None ATTEST : ALETHA ; L. RAUTENKRANZ, City Clerk (SEAL) -4-