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HomeMy WebLinkAbout1978-08-15; City Council; 5452-2; School Fee OrdinanceCITY OF CARLSBAD AGENDA BILL NO. 5452, Supplement 2 Initial: Dept.Hd. DATE: August 15, 1978 _..,•,-....,_,.,.— . -L " - - -I ' 1 r-. --.. _ ' -.__ -.-._--!—- - I ^^ ^ DEPARTMENT: City Attorney C. Mgr. Subject: SB 201 - School Fee Ordinance - Case No: ZCA-99 Statement of the Matter The City Council, at your August 1, 1978 meeting, directed the City Attorney to put the draft school fee ordinance into proper form for introduction. The ordinance has been revised in accordance with my understanding of the Council's direction. The school fee obligation will apply to all new residential construction. The technical matters as recommendated by the Planning Commission have been incorporated. The ordinance has also been revised to exclude certain discretionary approvals which do not result in increased demands on the school system. The Council should review the attached ordinance and verify that the changes have been made in accordance with their direction. Exhibit Ordinance No. Recommendation If the City Council concurs, your action is to introduce Ordinance No. 7<S"q &~* Council action 8-15-78 Ordinance #9505 was introduced for a first reading, relating to the provision of interim school facilities by requiring dedications of land and fees. 9-5-78 Ordinance #9505 was adopted. 4 5 6 7 ao ai o ^ 48 'S i •*** iggigf i4 5 r- * -. 15 | 8 o 16-411 ZZ « <o g — m as 330 332 .334 335 ,26 27 28 ORDINANCE NO. 9505 AN ORDINANCE OF THE CITY COUNCIL OF THE ClTY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 21.55 RELATING TO THE PROVISION OF INTERIM SCHOOL FACILITIES BY REQUIRING DEDICATIONS OF IAND AND FEES. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: 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 2X.55.070 21,55.080 21.55.€90 21.55.100 21.55.110 21,55,120 21.55,130 21.55,140 21.55.150 21.55.160 2X.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 developments. 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 g.0 -320 325 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. In the case of any conflict between the provisions of this chapter, and those of Chapter 4.7, the latter shall prevail 21.55.030 Purpose and intent. This chapter is intended to implement the school facilities dedication and fees legislation in the 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 Carlsbad finds and declares as follows: (a) Adequate school facilities should be available -for chil- •dren residing in new residential developments. (b) Public and private residential developments may require the expansion of existing public schools or the construction of new school facilities. (c) In many areas of the City, the runds ±or the construction of new classroom facilities are not available when new development occurs, resulting in the overcrowding of existing schools. (d) New housing developments frequently cause conditions of overcrowding in -existing school facilities which cannot be -^alleviated under -existing law within a reasonable period of time. (e) That, for these reasons, -new and improved methods of financing for interim school facilities necessitated by new ^development are needed in the City of Carlsbad. 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. (b) "Decision-making body" means the City Council, Planning Commission, City Engineer, Planning Director and Building Director. . 2. i 2 3 4 J5 6 7 8 3 1O I 13 * 14 z> Ozp 5t u 17 16 325 -26 27 28 -C2) {3) ,<5) (c) "Dwelling unit" means a building or a portion thereof, or a mobilehome, designed for residential occupancy b y one person or a group of two or more persons living together as a domestic unit. Cd) "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; The use of temporary-use buildings owned by the school district; 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; 'The use of available annual tax rate bond revenues • -or state loan revenues, to the extent authorized by law; The use of funds which could be available from the .sales of surplus school district real property .and funds available from any other sources. (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 tar a time extension or amendment to such a map. A conditional use permit. A site development plan. A variance. A privately proposed specific plan or amendment ^thereto which would allow an increase in authorized xesidential density. A privately proposed amendment to the City General an which would allow an increase in authorized •residential density. An ordinance rezoning property to a residential Tise or to a more intense residential use. A grading permit. A building permit. (10) Any other discretionary permit for residential use. ^1.55.080 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. (b) Any rebuilding of a legally established dwelling unit destroyed or damaged by accident, act of God or other catastrophe. (c) A condominium conversion where fees have been paid pursuant ±o this chapter in connection with the issuance of approvals for the construction of the building being converted. 3. :(2) C3) -(4) (5) C"7) t"8) 3 A -01 15 I- Vz "i,4U Z -ica 16<. as 324 335 26 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: (a) Conditions of overcrowding exist in one or more atten- 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. The City Council may schedule and hold a public 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. 21.55.110 Requirements of notice of findings. Any notice of findings sent by a school district to the City Council shall specify: (a) The findings listed in Section 21.55.100. Cb) The mitigation measures and methods, including those listed in Section 21.55.070(d) considered by the school district and any determination made concerning them by the district. (c) The precise geographic boundaries of the overcrowded attendance area or areas. (d) Such other information-as may be required by the City Council. 21.55.120 Restriction on approval of residential develop- anents—-City Council findings. Within the attendance area where it has been 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-jnaking body makes one of the following findings: (a) That action will be taken pursuant to this chapter to 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 o IIH"O 3 J t>^z"J 8 o II > t- a: I*o 2 3 4 5 6 17 3 3 HO 12 § 13 S * 14 16 17 18 -320 22 24 325 ,26 ,27 28 for a residential development and the school district to mitigate conditions of overcrowding within that attendance area may be considered by avdecision-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 condition 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, or the land to be dedicated, or both, is consistent with the City General Plan. 21.55.140 Payment of fees in smaller developments. Only the payment of fees shall be required in subdivisions containing fifty (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 supporting rthem shall be transmitted to the City Council. 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. Nothing herein shall prevent 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. 21.55.160 Filing application for residential development. 5. • 2 3 4 5 320 52 •24 425 327 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 21.55,100 have been made, the Planning Director shall notify the affected school districts thereof. Said notification shall be made 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 affected school district shall recommend whether a -dedication of land within the development, 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 of 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: (1) Whether lands offered for dedication will be ^consistent with the City General Plan. ^Whether the lands of fered 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 be dedicated or the amount of fees to be paid , both, will bear a reasonable relationship and -j«ill be limited to the needs of the community sfor interim elementary, junior high school, or ^senior high school facilities and will be reason- sably -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. t3) •J4) i(5) 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 tb concur in the district's recommendation hereunder. (b) If the school district has entered into an agreement with 6. F. BIONDO, JR.- CITY OF cARLSBAbELM AVENUECALIFORNIA 92008VINCENTTTORNEYCCARLSBAD,1 2 3 4 7 8 3 IL2 13 14 15 16 17 1.8 19 320 ,22 24 £5 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 for 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 therefrom 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 Such fees, plus accruedshall be held in trust by the City. 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 jnay 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. 6 7 fS 11 12 I 13 I 14 CM <f" S 16 I 17 3 3.9 ^30 333 334 335 26 28 21.55.250 Agreement for fee distribution. If two separate school districts operate schools in an attendance area where the City Council has concurred that overcrowding conditions exist for both school districts, the City Council will enter into an agree- ment with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this chapter. In the event the school districts do 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 account for any fees paid and shall file a report with the City Council 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 City Council. 21.55.270 Termination of dedication and fee requirements. "When 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 purstiant 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. 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 itfae 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 ^ays after its adoption. 'INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 15th day of August » 1978 and thereafter. \ .PASSED AND ADOPTED at a regular meeting of said City Council held on the 5th day of September , 1978 by the 4 following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and Councilwoman Casler HOES: None ABSENT: None 8 2THA L. EAUTENKRANZ, City Cleric (SEAL) J.3 J.5 1.7 as 3.9 423 24 26 27 28 DONALD C. PACKARD, Mayor ATTEST: 9.