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C~ OF SAN BERNARD.O - REQU'" FOR COUNCIL AC.N
From:
RALPH H. PRINCE
Subject: Fees on New Residential Development
to Mitigate Impacts on Local Schools
Dept:
City Attorney
June 21, 1985
Date:
Synopsis of Previous Council action:
On June 6, 1985, the Legislative Review Committee instructed the
City Attorney's office to prepare a resolution similar to ordinances
of other cities requiring payment of school impaction fees.
On June 17, 1985, the Mayor and Common Council instructed the
City Attorney to prepare a resolution for adoption at the meeting
of July 1, 1985. '
Recommended motion:
Adopt resolution.
/';:~~~
~ Signature
FUNDING REQUIREMENTS: Amount:
Phone: 5H2
Ward: a/a
Source: n/a
Finance: n/a
Contact person:
TnHN F WTT !':nN
Supporting data attached: R.. ......111 l' ; ....n
Council Notes:
75-0262
Agenda Item No~ ~?'
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cAy OF SAN BERNAREAo - REQUAT FOR COUNCIL AC&N
STAFF REPORT
On April 16, 1985, the San Bernardino Unified School District
adopted a declaration of impaction for school facilities located
within the City of San Bernardino and surrounding unincorporated
properties and is requesting that the Mayor and Common Council
concur with the District's findings of impaction and require the
collection of a fee for each dwelling unit.
On June 6, 1985, the Legislative Review Committee instructed the
City Attorney's Office to prepare a resolution requiring payment
of school impaction fees. The resolution prepared is based on
ordinances passed in Rialto, Redlands, Colton, and the County of
San Bernard ino.
The Legislative Review Committee instructed that residential
developments of ten units or less are to be exempted from the
payment of the impacton fee for a period of sixty days following
the effective date of the resolution. This is accomplished in
the secondary resolution which establishes the actual amount of
the fees and procedures for collection.
On June 17, 1985, the Mayor and Common Council instructed the
City Attorney to prepare a resolution on school impaction fees
for adoption at the meeting of July 1, 1985. The exemption
applicable to developments of ten units or less was expanded at
the instruction of the Mayor and Common Council to include
developments of twelve units or less. The Mayor and Common
Council also requested one year review of school district use of
the funds. This is provided in Section 11 of the resolution.
Per instruction, language has been included in Section 12 of the
resolution to ensure that the fees are imposed only on new
residential development.
75-0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A
REQUIREMENT FOR PAYMENT OF FEES BY DEVELOPERS OF NEW RESIDENTIAL
3 DEvELOPMENT TO MITIGATE IMPACTS OF SUCH DEVELOPMENT ON LOCAL
SCHOOLS, AND PRESCRIBING A PROCEDURE FOR SUCH PAYMENT.
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5 WHEREAS, the purpose of this resolution is to provide a
6 method for financing interim schcol facilities necessitated by
7 conditions of overcrowding caused by new residential
8 developments; and
9 WHEREAS, the City of San Bernardino General Plan provides
10 for the location of public schools, and, where public school
11 facilities are to be constructed from fees or land required to be
12 dedicated hereunder, or both, they shall be consistent with the
13 General Plan,
14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
15 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
16 SECTION 1. Definitions.
17 As used in this resolution:
18 A. "Attendance area" means that portion of a school
19 district, with identifiable boundaries determined by the School
20 Board, from which children residing within these boundaries would
21 normally be assigned to attend a specified school in the
22 district.
23 B. "Conditions of overcrowding" means that the total
24 enrollment of a school attendance area, including enrollment
25 from proposed development, exceeds the capacity of such school
26 attendance area as determined by the governing body of the
27 district.
2& C. "Decision-making body" means the Mayor and Common
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1 Council, Planning Commission, and such other board, commission,
2 office or 9fficial as may be authorized or empowered to approve
3 or make recommendations for approval of any residential
4 development.
r. D. "Dwelling unit" means a building or portion thereof, or
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6 a mobile home, designed for residential occupation. Dwelling
7 unit shall not mean room additions to existing residential
8 structures.
9 E. "Approve a residential development" means for a
10 residential development:
11 1. to issue a building permit;
12 2. to approve or recommend approval of a tentative or
13 final parcel map for a subdivision of land; or
14 3. to grant or recommend the granting of a variance,
15 conditional use permit or planned residential development.
16 F. "Reasonable methods of mitigating conditions of
17 overcrowding" shall include but are not limited to:
18 1. Agreements between a developer and the affected
19 school district whereby temporary use buildings will be leased to
20 or for the benefit of the school district or, an agreement for
21 the temporary use of buildings owned by the developer for the
22 benefit of the district.
23 2. The use of relocatable structures and temporary use
24 buildings owned by the district.
25 3. The use of available tax, bond, and other revenue
26 procedures, to the extent authorized by law.
27 4. The use of funds available from any other sources.
28 5. The use of other schools in the district not having
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1 vercrowded conditions.
2 6. The use of discontinued facilities.
3 7. Double sessions or shortened sessions.
4 8. The possible use of facilities in other districts.
5 9. The use of interdistrict attendance agreements.
6 10. The use of funds which could be made available from
7 the sale of surplus school district property. For purposes of
8 this subsection "property" means both real and personal.
9 11. Continuous school programs as authorized by
10 Educational Code Sections 37.600 et. seq.
11 12. The filing of appropriate notices of overcrowding
12 ith the county as to any unincorporated areas within attendance
13 areas subject to overcrowding.
14 G. "Residential development" means:
15 1. the construction of dwelling units;
16 2. the construction of a mobile home park;
17 3. the subdivision of real property for the purpose of
18 construction of dwelling units;
19 4. the conversion to a residential use of an existing
20 structure or part thereof, pursuant to a variance, conditional
21 use permit, planned residential development or other
22 discretionary planning permit; or
23 5. any improvement of any type which will result in
24 the creation of a new dwelling unit or units.
25 SECTION 2. Findings by School District.
26 The governing board of any school district operating an
27 elementary, junior high, or high school, with respect to any
2R of its attendance areas located in whole or in part within the
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1 incorporated territory of the City of San Bernardino, shall make
2 and file with the Mayor and Common Council written findings
3 supported by clear and convincing evidence that show:
4 A. Conditions of overcrowding exist in the school or
5 schools in. an attendance area which will impair the normal
6 functioning of educational programs, including the reasons for
7 existence of such conditions;
8 B. All reasonable methods for mitigating conditions of
9 overcrowding have been evaluated, and no feasible method for
10 reducing such conditions exists;
11 C. Findings filed under this section shall contain the
12 following:
13 1. an exact description of the geographic boundaries
14 of the attendance areas to which the findings relate;
15 2. a list of the mitigation measures as set forth in
16 Section 1 Subsection F above, which were evaluated by the
17 governing board of the school district;
18 3. a summary of the facts upon which the findings that
19 mitigation measures are unfeasible is based; and
20 4. such other information as may hereafter be required
21 by resolution of the Mayor and Common Council.
22 SECTION 3. Concurrence by Mayor and Common Council.
23 After receipt of findings complying with the requirements of
24 this resolution, the Mayor and Common Council shall, by
25 resolution, either concur in or reject such findings. Such
26 findings may be rejected only if the Mayor and Common Council
27 determine that such findings are not supported by clear and
28 convincing evidence. Upon application of an aggrieved party, the
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1 Mayor and Common Council may reconsider any concurrence or
2 rejection made under this section.
3 SECTION 4. School District Schedule.
4 Any school district which files findings shall also file
5 with the Mayor and Common Council a schedule specifying how the
6 school district will use fees or land received by it pursuant to
7 this resolution to solve the conditions of overcrowding. The
8 schedule shall include the school sites to be used, the classroom
9 facilities to be made available, and the time when such
10 facilities will be available. If the school district cannot meet
11 the schedule, it shall file modifications with the Mayor and
12 Common Council together with a statement of the reasons for the
13 modifications.
14 SECTION 5. Findings by Mayor and Common Council.
15 After receipt of the schedule, the Mayor and Common Council
16 shall, by resolution, determine whether the facilities and land
17 use specified in such schedule are consistent with the General
18 Plan.
19 SECTION 6. Determinations for Approval of Residential
20 Development.
21 Within any attendance area where it has been determined
22 ursuant to this resolution that conditions of overcrowding
23 xist, no decision-making body shall approve or recommend the
24 a residential development or the issuance of permits
25 nless such body or authority first determines one of the
26 ollowing:
27 A. That the school district has entered into an agreement
28 ith the applicant or other person which provides a feasible
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1 eans for mitigating any aggravation of such conditions of
2 overcrowding which would be caused by the residential
3 evelopment;
4 B. Where the application is for a building permit, the
5 applicant has paid the school facilities fees as required by this
6 resolution;
7 C. Where the application is for an approval which does not
8 include the issuance of a building permit, that such approval is
9 conditioned upon the payment of school facilities fees pursuant
10 to this resolution;
11 D. That the Mayor and Common Council have made a finding
12 that there are specific, overriding, physical, economic, social
13 or environmental factors which justify approval of the
14 residential development or issuance of the permit without
15 requiring payment of fees which would otherwise be required
16 pursuant to this resolution.
17 SECTION 7. Payment and Amount of School Facilities Fee.
18 Every person carrying out a residential development in an
19 area where school overcrowding has been determined to exist,
20 shall pay a school facilities fee for each elementary, junior
21 high school, and senior high school student generated by the
22 development. The amount of the facilities fee per student shall
23 be set by resolution of the Mayor and Common Council after
24 consultation with the affected school district, shall bear a
25 reasonable relationship and will be limited to the needs of the
26 community for interim elementary, junior high and high school
27 facilities, and shall be reasonably related and limited to the
28 need for schools caused by the residential development. However,
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1 fees shail not exceed the amount necessary to pay five annual
2 lease payments for interim facilities prorated per student. The
3 fee shall be paid before the issuance of a building permit or
4 other permit or approval by a decision-making body.
5 SECTION 8. Determination of Student Population Density and
6 Dwelling Units.
7 A. Student population density for the purpose of this
8 resolution shall be determined by resolution of the Mayor and
9 Common Council based upon the number of students reasonably
10 expected to be housed in each dwelling unit in the development.
11 B. The number of dwelling units shall be determined by
12 reference to the building permits issued permitting residential
13 evelopment or by reference to the discretionary permit or map
14 permitting conversion of existing structures to residential use.
15 SECTION 9. Dedication of Land or Provision of Facilities in
16 Lieu of Fees.
17 A. Upon agreement between the developer and the affected
18 school district, a developer may dedicate land in lieu of paying
19 the fees required by this resolution. The fair market value of
20 the land so dedicated shall be equivalent to the amount of fees
21 otherwise required.
22 B. The developer may, at his option and expense, provide
23 interim school facilities which meet the standards established by
24 the affected school district. Said facilities shall be placed by
25 the developer at a location selected by the said school district.
26 The developer shall remove such facilities at the conclusion of
27 the fifth school year at his expense unless the developer and the
28 school district agree that such facilities may remain in place.
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1 SECTION 10. Application of Fees.
2 A. The fees collected pursuant to this resolution shall be
3 paid directly to the school district by the developer.
4 B. The fees or land, or both, shall be used by the school
5 district in accordance with the requirements of Chapter 4.7,
6 Division 1, Title 7 of the Government Code.
7 SECTION 11. School District Report; Frequency Thereof;
8 Contents.
9 Any school district receiving funds pursuant to this
10 resolution shall maintain a separate account for any fees
11 received, and shall file a report with the Mayor and Common
12 Council on the balance in the account at the end of each fiscal
13 year, and on the status of facilities leased, purchased, or
14 constructed during the same fiscal year. In addition, the report
15 shall specify which attendance areas will continue to be
16 overcrowded when the fall term begins, and where conditions of
17 overcrowding will no longer exist. Such report shall be filed by
18 August 1 of each year, and shall be filed more frequently at the
19 request of the Mayor and Common Council.
20 If overcrowding conditions no longer exist, the City shall
21 terminate the requirement for payment of fees pursuant to this
22 resolution for residential development in that attendance area.
23 SECTION 12. Exemptions.
24 The provisions of this resolution shall not apply where the
25 residential development is:
26 A. Construction of a single residence upon an existing lot
27 of record.
28 B. Senior citizen housing which has been approved, financed
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1 and lor sub sid ized by the United States Department of Housing and
2 Urban Development.
3 C. One in which the residence of minor children may be
4 prohibited by law and the City has approved conditions, covenants
5 and restrictions which prohibit the residence of minor children.
6 D. A project being developed pursuant to an Owner
7 Participation Agreement or Disposition and Joint Development
8 Agreement entered into by the Redevelopment Agency of the City of
9 San Bernardino.
10 E. Remodeling or renovations which do not result in
11 creation of additional dwelling units.
12 F. Reconstruction of a legally established dwelling unit
13 destroyed or damaged by fire, flood, explosion, accident, or act
14 of God.
15 G. Twenty-four hour social care and educational facilities
16 including but not limited to sheltered workshops and group homes
17 for abused women and children.
18 H. Property which is exempt from taxation under
19 subdivisions (a) to (g), inclusive, of Section 3, Subdivisions
20 (b) and (c) of Section 4 Article XIII of the California
21 Constitution.
22 I. Residential development for which the developer has
23 entered into agreements with district to provide for school
24 facilities such as construction and leasing of schools or
25 participation in a Mello-Roos Community Facilities District.
26 SECTION 13. Severability.
27 If any section, subsection or portion of this resolution is
28 for any reason held to be invalid or unconstitutional by the
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1 decision of any court of competent jurisdiction, such decision
2 shall not affect the validity of any remaining portion of this
3 resolution. The Mayor and Common Council hereby declare that it
4 would have adopted this resolution and each section, subsection
5 or portion thereof, irrespective of the fact that anyone or more
6 sections, subsections or portions be declared invalid or
7 unconstitutional.
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 adopted by the Mayor and Common Council of the City of San
10 Bernardino at a meeting thereof, held
11 on the day of , 1985, by the
12 following vote, to wit:
13 AYES: Council Members
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ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day
1985.
Approved as to form:
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO CONCURRING WITH THE
FINDING THAT CONDITIONS OF OVERCROWDING EXIST WITHIN ATTENDANCE
AREAS OF THE SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT AND
ESTABLISHING THE AMOUNT AND PROCEDURE FOR THE PAYMENT OF FEES TO
THE DISTRICT FOR INTERIM SCHOOL FACILITIES FOR THE 1985-86 SCHOOL
YEAR.
WHEREAS, the Mayor and Common Council have adopted a
resolution for the purpose of providing a method for financing
interim school facilities necessitated by conditions of
overcrowding caused hy new residential development; and
WHEREAS, on
following review of the
Notification of Condition of Overcrowding submitted by the San
Bernardino City Unified School District, the Mayor and Common
Council did determine that conditions of overcrowding presently
e,tist wi thin attendance areas of the San. Bernardino City Unified
School District; and
WHEREAS, in accordance with the provisions of Resolution No.
of the City of San Bernardino, every person carrying
out a residential development within the mutual boundaries of the
City and the San Bernardino City Unified School District when
conditions ?f overcrowding have been determined to exist in an
attendance area shall pay a facilities fee for each elementary,
junior high and senior high school student generated by the
development in the amount of fee determined ~y the. Common
Counci 1 ;
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NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The determination and payment of required
facilities fee for residential developments located within the
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mutual boundaries of the City and the San Bernardino City Unified
School District for the 1985-86 school year shall be made in
accordance with the following findings and procedures:
A. Following consideration of the Notification of Condition
of Overcrowding in an attendance area in accordance with the
provisions of Resolution No.
, the City has determined
that a student population density as set forth in the following
schedule can reasonably be expected to be housed in each dwelling
unit in a residential development within the boundaries of the
San Bernardino Unified School District.
School Level
Single Family Unit
Multi Family Unit
Elementary
Intermediate
High $chool
. Totals
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.47
.13
.18
.78
.51
..11
.09
.71
~. In accordance with the provisions of Resolution No.
the Mayor and Common Council have determined that a
school facilities fee shall be computed pursuant to the following
schedule of fees and shall be paid to the San Bernardino Unified
School District for each dwelling unit within the mutual
boundaries of the City and the District.
School Level
Per Single
Family Dwelling
Unit
Per Unit in
a Multi-Family
Dwelling Unit
. Elementary
Intermediate
High School
Total
$1100.88
304.50
421.62
$1827.00
$1194.55
257.65
210.80
$1663.00
This fee is the amount necessary to pay five annual lease
payments for interim school facilities prorated per student as
28 provided. in Section 7 of Resolution No.
Fees shall
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be paid per dwelling unit. per grade level impacted as determined
by the San Bernardino Unified School District in the attendance
area where the residential development is to be located. The
fees may be cumulative but shall not exceed the total amount per
dwelling unit indicated in the schedule..
C. Prior to the issuance of building permits for the
affected dwelling units. the City's Building and Safety
Department shall notify the applicant that the granting of the
building permits is conditioned upon payment of facilities fee
to the San Bernardino City Unified School District in the amount
determined by resolution of the City of San Bernardino. .Except.
the provisions of this resolution shall not apply to residential
developments of twelve or fewer dwelling units for which building
per.llIits are issued on or before
D. Upon payment of the required facilities fee to the San
Bernardino City Unified School District. the applicant will be
issued a Certificate of Current School Availability for the
affected residential development. It is the responsibility of
the applicant to transmit a copy of the Certificate to the City's
Building a~d Safety Department.
E. Upon receipt of the Certificate of Current School
Availability by the Building and Safety Department, and the
satisf actory comp1.et.ion of all' other City requirements. the
Building and Safety Department will issue the building permits
for the affected residential dwelling.units~
I &EREBY CERTIry that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof.
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