HomeMy WebLinkAbout1986-143
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RESOLUTION NO. 86-143
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A
REQUIREMENT FOR PAYMENT OF FEES BY DEVELOPERS OF NEW RESIDENTIAL
3 DEVELOPMENT IN THE REDLANDS SCHOOL DISTRICT TO MITIGATE IMPACTS
OF SUCH DEVELOPMENT ON LOCAL SCHOOLS AND PRESCRIBING A PROCEDURE
4 FOR SUCH PAYMENT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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7 SECTION 1. Definitions.
8 A. The purpose of this resolution is to provide a method
9 for financing school facilities in the Redlands School District
10 necessitated by conditions of overcrowding caused by new
11 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 any
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 officiel as may be authorized or empowered to approve
28 or make recommendations for approval of any residential
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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 conditions 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,t 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;
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I 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 Redlands School
10 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 mitigat~ng 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
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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 Redlands School District no decision-making body shall
15 approve or recommend the issuance of permits unless such body or
16 authority first determines one of the follo~ing:
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
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development, every person securing a residential building permit
for a residential housing development within the mutual
boundaries of the City and the Redlands School District shall pay
a school facilities fee based upon a formula considering each
elementary, intermediate, and senior high school student expected
to be generated by the development. The amount of the facilities
fee per student shall be set by resolution of the Mayor and
Common Council after consultation with the School District.
SECTION 7. Determination of Student Population Density and
Dwelling Units.
A. Student population density for the purpose of this
resolution shall be determined by resolution of the Mayor and
Common Council based upon the number of students reasonably
expected to be housed in each dwelling unit in the development.
B. The number of dwelling units shall be determined by
reference to the building permits issued p~~mitting residential
development or by reference to the discretionary permit or map
permitting conversion
of existing structures to residential
use.
SECTION 8. Application of Fees.
The fees collected pursuant to this resolution shall be paid
directly to the school district by the developer. All fees
collected shall be used solely by the School District to offset
conditions of school overcrowding. The use of such fees shall be
limited to providing additional student housing, such as lease or
construction of new permanent or temporary school buildings,
including furniture and equipment for such buildings, purchase of
land, and the remodeling of existing school buildings which are
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1 not in use as teaching facilities, for the grades which will use
2 such facilities after remodeling. Fees collected under the
3 authority of this resolution shall not be used for temporary
4 facilities within the mutual boundaries of the City of San
5 Bernardino and Redlands School District except with the approval
6 of the Mayor and Common Council. The School District shall give
7 thirty days' prior written notice to the Mayor and Common Council
8 of its intent to expend said fees for temporary facilities. Said
9 expenditure shall be deemed approved unless, within thirty days
10 of date of the mailing of the notice by the School District,
11 written objection to such expenditure is received from the Mayor
12 and Common Council.
13 S E C T I ON 9. S chao 1 D is t r i c t Re p or t; Fr e que n c y Th ere 0 f ;
14 Contents.
15 The Redlands School District shall maintain a separate
16 account for any fees received under this re~olution.
17 Administrative charges shall not be deducted from the account.
18 The School District shall annually file a report with the Mayor
19 and Common Council on the balance in the account at the end of
20 each fiscal year, and on the status of facilities leased,
21 purchased, or constructed during the same fiscal year, with full
22 disclosure of sources and applications of funds and of any
23 interest received on the monies maintained in the account. The
24 School District shall be responsible for maintaining its current
25 level of spending and shall not supplant or reduce such level of
26 spending. In addition, the report shall specify whether the
27 School District will continue to be overcrowded when the fall
28 term begins, and when conditions of overcrowding will no
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1 longer exist. Such report shall be filed by September 1 of each
2 year, and shall be filed more frequently at the request of the
3 Mayor and Common Council. The Mayor and Common Council shall
4 annually review the report filed by the School District.
5 If overcrowding conditions no longer exist, the City shall
6 terminate the requirement for payment of fees pursuant to this
7 resolution for residential development in the Redlands School
8 District.
9 SECTION 10. Exemptions.
10 The provisions of this resolution shall not apply where the
11 residential development is:
12 A. Construction of single dwelling units pursuant to the
13 City Infill Housing Program for single residences upon an
14 existing lot of record.
15 B. Dwelling units which are legally restricted to senior
16 citizens or from which school age children ~re legally excluded.
17 C. Remodeling or renovations which do not result in
18 creation of additional dwelling units.
19 D. Reconstruction of a legally established dwelling unit
20 destroyed or damaged by fire, flood, explosion, accident, or act
21 of God.
22 E. Twenty-four hour social care and educational facilities
23 including but not limited to sheltered workshops and group homes
24 for abused women and children.
25 F. Property which is exempt from taxation under
26 subdivisions (a) to (g), inclusive, of Section 3, Subdivisions
27 (b) and (c) of Section 4 Article XIII of the California
28 Constitution. This includes parsonages, charity homes,
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1 orphanages, etc.
2 G. Residential development for which the developer has
3 entered into agreements with the School District to provide for
4 school facilities, including, by way of example, construction and
5 leasing of schools or participation in a Mello-Roos Community
6 Facilities District. The School District shall not unreasonably
7 refuse the offer for such agreement if the facility proposed by
8 the developer meets the School District's published standards for
9 such facility, which may include a provision that the developer
10 shall lease a facility to the School District on such terms, and
11 the School District shall accept such lease terms, as those lease
12 terms on which the School District leases like and similar
13 facilities in the regular course of business from non-developer
14 suppliers.
15 H. Residential units constructed within the Redevelopment
16 Project areas shall be exempt from the paym~nt of fees when there
17 is a separate agreement between the Redevelopment Agency and the
18 School District to mitigate the impact of the new housing units
19 upon the School District; it being the intent that housing units
20 constructed in such project areas shall either pay the fee
21 provided by this resolution or pay pursuant to a separate
22 agreement, but in no event shall such development be subject to
23 both a fee pursuant to this resolution plus a duty to provide
24 other mitigation.
25 SECTION 11. California Environmental Quality Act.
26 Receipt of fees paid or approval of in-lieu agreements under
27 this resolution shall constitute full and complete mitigation of
28 any adverse impacts upon the School District under the California
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1 Environmental Quality Act, arising out of such residential
2 development and shall fulfill all other obligations under law
3 arising from school impaction.
4 SECTION 12. Amendment or Repeal of this Resolution.
5 The Mayor and Common Council may add, amend or repeal any
6 provisions of this resolution or the whole thereof, upon thirty
7 (30) days' oral or written notice to the School District.
8 SECTION 13. Severability.
9 If any section, subsection or portion of this resolution is
10 for any reason held to be invalid or unconstitutional by the
11 decision of any court of competent jurisdiction, such decision
12 shall not affect the validity of any remaining portion of this
13 resolution. The Mayor and Common Council hereby declare that it
14 would have adopted this resolution and each section, subsection
15 or portion thereof irrespective of the fact that anyone or more
16 sections, subsections or portions be declar~d invalid or
17 unconstitutional.
18 I HEREBY CERTIFY that the foregoing resolution was duly
19 adopted by the Mayor and Common Council of the City of San
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Bernardino at a regular meeting thereof,
held on the 21st day of April , 1986, by the
following vote, to wit:
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AYES:
NAYS:
ABSENT:
Council Members
Estrada, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
None
None
h~$~~Ah
) Ci ty Clerk
8 The foregoing reso I ut ion is hereby approved this 02 'T/c;/L, day
9 of
April
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, 1986 -//- //1
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(it ,A/C~ a.~ j . " L,~
Mayor of Uhe Ci fy of Ean / ernard ino
Approved as to form:
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City ~ttorney
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