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HomeMy WebLinkAbout1986-090 1 2 3 4 5 6 RESOLUTION NO. 86 90 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A REQUIREMENT FOR PAYMENT OF FEES BY DEVELOPERS OF NEW RESIDENTIAL DEVELOPMENT IN THE COLTON JOINT UNIFIED SCHOOL DISTRICT TO MITIGATE IMPACTS OF SUCH DEVELOPMENT ON LOCAL SCHOOLS AND PRESCRIBING A PROCEDURE FOR SUCH PAYMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Definitions. 8 A. The purpose of this resolution is to provide a method 9 for financing school facilities in the Colton Joint Unified 10 School District necessitated by conditions of overcrowding 11 caused by new residential developments. 12 B. The City of San Bernardino General Plan provides 13 for the location of public schools, and, where public school 14 facilities are to be constructed from fees or land required to be 15 dedicated hereunder, or both, they shall be consistent with the 16 General Plan. 17 SECTION 2. Definitions. 18 For the purpose of this resolution, the following words and 19 phrases are defined and shall have the meanings ascribed to them 20 in this section: 21 A. "Conditions of overcrowding" means that the total 22 enrollment of a School District, including enrollment from 23 proposed development, exceeds the capacity of such school 24 district as determined by the governing body of the district. 25 B. "Decision-making body" is the Mayor and Common 26 Council, Planning Commission, and such other board, commission, 27 office or official as may be authorized or empowered to approve 28 or make recommendations for approval of any residential 1 development. 2 C. "Dwelling unit" is a building or a mobile home, 3 designed for residential occupation. Dwelling unit shall not 4 mean room additions to existing residential structures. 5 D. "Approve a residential development" is the issuance 6 of a building permit. 7 E. "Reasonable methods of mitigating cond i tions of 8 overcrowding" include but are not limited to: 9 1. Agreements between a developer and the affected 10 school district whereby temporary use buildings will be leased to 11 or for the benefit of a school district or, an agreement for the 12 temporary use of buildings owned by the developer for the benefit 13 of the district; 14 2. The use of relocatable structures and temporary use 15 buildings owned by the district; 16 3. The use of available tax, bond, and other revenue 17 procedures, to the extent authorized by law; 18 4. The use of funds available from any other sources; 19 5. The use of other schools in the district not having 20 overcrowded conditions; 21 6. The use or sale of discontinued facilities; 22 7. Continuous school programs as authorized by 23 California Education Code Sections 37600 et. seq.; or 24 8. The filing of appropriate notices of overcrowding 25 with the County of San Bernardino as to any unincorporated areas 26 within the School District subject to overcrowding. 27 F. "Residential development": 28 1. The construction of dwelling units; 2 1 2. The construction of a mobile home park; 2 3. The conversion to a residential use of an existing 3 structure or part thereof, pursuant to a variance, conditional 4 use permit, planned residential development or other 5 discretionary planning permit; or 6 4. Any improvement of any type which will result in the 7 creation of a new dwelling unit or units. 8 SECTION 3. Findings by School District. 9 Each year the governing board of the Colton Joint Unified 10 School District shall make and file with the Mayor and Common 11 Council written findings supported by clear and convincing 12 evidence that show: 13 A. Conditions of overcrowding exist in the School District 14 which will impair the normal functioning of educational programs, 15 including the reasons for existence of such conditions; 16 B. All reasonable methods for mitigating conditions of 17 overcrowding have been evaluated, and no feasible method for 18 reducing such conditions exists; 19 C. Findings filed under this section shall contain the 20 following: 21 1. A description of the boundaries of the School 22 District to which the findings relate; 23 2. A list of the mitigation measures as set forth in 24 Section 2 Subsection E above, which were evaluated by the 25 governing board of the School District; 26 3. A summary of the facts upon which the findings that 27 mitigation measures are unfeasible is based; and 28 4. Such other information as may hereafter be required 3 1 by resolution of the Mayor and Common Council. 2 SECTION 4. Concurrence by Mayor and Common Council. 3 After receipt of findings complying with the requirements of 4 this resolution, the Mayor and Common Council shall, by 5 resolution, either concur in or reject such findings. Such 6 findings may be rejected only if the Mayor and Common Council 7 determine that such findings are not supported by clear and 8 convincing evidence. Any appeal from the decision of the Mayor 9 and Common Council shall be governed by the provisions of San 10 Bernardino Municipal Code Chapter 1.26. 11 SECTION 5. Determinations for Approval of Residential 12 Development. 13 Within the joint boundaries of the City of San Bernardino 14 and the Colton Joint Unified School District no decision-making 15 body shall approve or recommend the issuance of permits unless 16 such body or authority first determines one of the following: 17 A. That the School District has entered into an agreement 18 with the applicant or other person which provides a feasible 19 means for mitigating any aggravation of such conditions of 20 overcrowding which would be caused by the residential 21 development, and that the Mayor and Common Council have been 22 given thirty days' prior written notice of the terms of such 23 agreement; or 24 B. That the applicant has paid the school facilities fees 25 as required by this resolution. 26 SECTION 6. Payment and Amount of School Facilities Fee. 27 Unless an agreement as provided for in Section 5 Subsection 28 A has been entered into affecting a particular residential 4 1 development, every person securing a residential building permit 2 for a residential housing development within the mutual 3 boundaries of the City and the Colton Joint Unified School 4 District shall pay a school facilities fee based upon a formula 5 considering each elementary, intermediate, and senior high 6 school student expected to be generated by the development. The 7 amount of the facilities fee per student shall be set by 8 resolution of the Mayor and Common Council after consultation 9 with the School District. 10 SECTION 7. Determination of Student Population Density and 11 Dwelling Units. 12 A. Student population density for the purpose of this 13 resolution shall be determined by resolution of the Mayor and 14 Common Council based upon the number of students reasonably 15 expected to be housed in each dwelling unit in the development. 16 B. The number of dwelling units shall be determined by 17 reference to the building permits issued permitting residential 18 development or by reference to the discretionary permit or map 19 permitting conversation of existing structures to residential 20 use. 21 SECTION 8. Application of Fees. 22 The fees collected pursuant to this resolution shall be paid 23 directly to the school district by the developer. All fees 24 collected shall be used solely by the School District to offset 25 conditions of school overcrowding. The use of such fees shall be 26 limited to providing additional student housing, such as lease or 27 construction of new permanent or temporary school buildings, 28 including furniture and equipment for such buildings, purchase of 5 r I 1 land, and the remodeling of existing school buildings which are 2 not in use as teaching facilities, for the grades which will use 3 such facilities after remodeling. Fees collected under the 4 authority of this resolution shall not be used for temporary 5 facilities within the mutual boundaries of the City of San 6 Bernardino and Colton Joint Unified School District except with 7 the approval of the Mayor and Common Council. The School 8 District shall give thirty days' prior written notice to the 9 Mayor and Common Council of its intent to expend said fees for 10 temporary facilities. Said expenditure shall be deemed approved 11 unless, within thirty days of date of the mailing of the notice 12 by the School District, written objection to such expenditure is 13 received from the Mayor and Common Council. 14 SECTION 9. School District Report; Frequency Thereof; 15 Contents. 16 The Colton Joint Unified School District shall maintain a 17 separate account for any fees received under this resolution. 18 Administrative charges shall not be deducted from the account. 19 The School District shall annually file a report with the Mayor 20 and Common Council on the balance in the account at the end of 21 each fiscal year, and on the status of facilities leased, 22 purchased, or constructed during the same fiscal year, with full 23 disclosure of sources and applications of funds and of any 24 interest received on the monies maintained in the account. The 25 School District shall be responsible for maintaining its current 26 level of spending and shall not supplant or reduce such level of 27 spending. In addition, the report shall specify whether the 28 School District will continue to be overcrowded when the fall 6 1 term begins, and when conditions of overcrowding will no longer 2 exist. Such report shall be filed by September 1 of each year, 3 and shall be filed more frequently at the request of the Mayor 4 and Common Council. The Mayor and Common Council shall annually 5 review the report filed by the School District. 6 If overcrowding conditions no longer exist, the City shall 7 terminate the requirement for payment of fees pursuant to this 8 resolution for residential development in the Colton Joint 9 Unified School District. 10 SECTION 10. Exemptions. 11 The provisions of this resolution shall not apply where the 12 residential development is: 13 A. Construction of single dwelling units pursuant to the 14 City Infill Housing Program for single residences upon an 15 existing lot of record. 16 B. Dwelling units which are legally restricted to senior 17 citizens or from which school age children are legally excluded. 18 C. Remodeling or renovations which do not result in 19 creation of additional dwelling units. 20 D. Reconstruction of a legally established dwelling unit 21 destroyed or damaged by fire, flood, explosion, accident, or act 22 of God. 23 E. Twenty-four hour social care and educational facilities 24 including but not limited to sheltered workshops and group homes 25 for abused women and children. 26 F. Property which is exempt from taxation under 27 subdivisions (a) to (g), inclusive, of Section 3, Subdivisions 28 (b) and (c) of Section 4 Article XIII of the California 7 1 Constitution. This includes parsonages, charity homes, 2 orphanages, etc. 3 G. Residential development for which the developer has 4 entered into agreements with the School District to provide for 5 school facilities, including, by way of example, construction and 6 leasing of schools or participation in a Mello-Roos Community 7 Facilities District. The School District shall not unreasonably 8 refuse the offer for such agreement if the facility proposed by 9 the developer meets the School District's published standards for 10 such facility, which may include a provision that the developer 11 shall lease a facility to the School District on such terms, and 12 the School District shall accept such lease terms, as those lease 13 terms on which the School District leases like and similar 14 facilities in the regular course of business from non-developer 15 suppliers. 16 H. Residential units constructed within the Redevelopment 17 Project areas shall be exempt from the payment of fees when there 18 is a separate agreement between the Redevelopment Agency and the 19 School District to mitigate the impact of the new housing units 20 upon the School District; it being the intent that housing units 21 constructed in such project areas shall either pay the fee 22 provided by this resolution or pay pursuant to a separate 23 agreement, but in no event shall such development be subject to 24 both a fee pursuant to this resolution plus a duty to provide 25 other mitigation. 26 SECTION 11. California Environmental Quality Act. 27 Receipt of fees paid or approval of in-lieu agreements under 28 this resolution shall constitute full and complete mitigation of 8 1 any adverse impacts upon the School District under the California 2 Environmental Quality Act, arising out of such residential 3 development and shall fulfill all other obligations under law 4 arising from school impaction. 5 SECTION 12. Amendment or Repeal of this Resolution. 6 The Mayor and Common Council may add, amend or repeal any 7 provisions of this resolution or the whole thereof, upon thirty 8 (30) days' oral or written notice to the School District. 9 SECTION 13. Severability. 10 If any section, subsection or portion of this resolution is 11 for any reason held to be invalid or unconstitutional by the 12 decision of any court of competent jurisdiction, such decision 13 shall not affect the validity of any remaining portion of this 14 resolution. The Mayor and Common Council hereby declare that it 15 would have adopted this resolution and each section, subsection 16 or portion thereof irrespective of the fact that anyone or more 17 sections, subsections or portions be declared invalid or 18 unconstitutional. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a reoular meeting thereof, 22 held on the 17th day of !1arch , 1986, by the 23 following vote, to wit: 24 IIIII 25 IIIII 26 IIIII 27 I I I I I 28 IIIII 9 1 2 3 4 5 6 7 AYES: Council Members Estrada, Reilly. Hernandez. Marko, Quiel. Frazier. Strickler NAYS: None ABSENT: None 44p'~~ '" Cl ty C er 8 The foregoing resolution is hereby approved this I?c~ day 9 of March 10 11 ino 12 Approved as to form: 13~~ 14 City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10