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HomeMy WebLinkAbout12-City Attorney 8TY OF SAN BER~ARDINO Q.. MEMORANDUN? To John Matzer, Jr. City Administrator Subject School Impact ion Fees - continuance From Date Ralph H. Prince City Attorney July 29, 1985 Approved Date 14.9917 At the July 15, 1985 Council meeting, the resolution establishing a requirement for payment of fees by developers of new residential development to mitigate impacts of such development on local schools was continued to August 5, 1985, in order to permit the City and School District to meet and work out a resolution which will be acceptable to both sides. "/~ <t5 ,/ . &I./J4JlF--~-G- ~ RALPH H. PRINCE City Attorney RHP:lr elF., Oil FHI=M~" /02~ , 0' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 072485 sc0981 ~ o o o .. RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A REQUIREMENT FOR PAYMENT OF FEES BY DEVELOPERS OF NEW RESIDENTIAL DEVELOPMENT TO MITIGATE IMPACTS OF SUCH DEVELOPMENT ON LOCAL SCHOOLS, AND PRESCRIBING A PROCEDURE FOR SUCH PAYMENT. WHEREAS, the purpose of this resolution is to provide a method for financi~g school facilities necessitated by conditions of overcrowding caused by new residential developments; and WHEREAS, the City of San Bernardino General Plan provides for the location of public schools and, where public school facilities are to be constructed from fees or land required to be dedicated hereunder, or both, they shall be consistent with the General Plan; NOW, THEREFORE, BE IT RESOLVErr BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Definitions. As used in this resolution: A. "Conditions of overcrowding" means that the total enrollment of a school district, including enrollment from pro- posed development, exceeds the capacity of such school district as determined by the governing body of the district. B. "Decision-making body" means the Mayor and Common Council, Planning Commission, and such other board, commission, office or official as may be authorized or empowered to approve or make recommendations for approval of any residential development. C. "Dwelling unit" means a building or portion thereof, or a mobile home, designed for residential occupation. Dwelling unit shall not mean room additions to existing residential structures. 0 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o .. D. "Approve a residential development" means, for a residential development, to issue a building permit. E. "Reasonable methods of mitigating conditions of overcrowding" shall include but are not limited to: 1. agreements between a developer and the affected school district wh~reby temporary use buildings will be leased to or for the benefit of the school district, or an agreement for the temporary use of buildings owned by the developer for the benefit of the district; 2. the use of relocatable structures and temporary use buiidings owned by the district; 3. the use of available tax, bond and other revenue procedures, to the extent authorized by law; , 4. the use of funds available from any other sources; 5. the use of other schools in the district not having overcrowded conditions; 6. the use of discontinued facilities; 7. continuous school programs as authorized by Education Code sections 37600, et seq.; or 8. the filing of appropriate notices of overcrowding with the County as to any unincorporated areas within the school district subject to overcrowding. F. "Res idential development" means: 1. the construction of dwelling units; 2. the construction of a mobile home park; 3. the subdivision of real property for the purpose of construction of dwelling units; -2- 0 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o ~ 4. the conversion to a residential use of an existing structure or part thereof, pursuant to a variance, conditional use permit, planned residential development or other discretionary planning permit; or 5. any improvement of any type which will result in the creation of a new dwelling unit or units. SECTION 2. Findings by School District. Each year the governing board of any school district operating an elementary, intermediate, or high school located in whole or in part within the incorporated territory of the City of . San Bernardino, shall make and file with the Mayor and Common Council written findings supported by clear and convincing evidence that show: " , A. Conditions of overcrowding exist in the schoof district which will impair the normal functioning of educational programs, including the reasons for existence of such conditions; B. All reasonable methods for mitigating conditions of overcrowding have been evaluated, and no feasible method for reducing such conditions exists; C. Findings filed under this section shall contain the following: 1. a description of the boundaries of the school district to which the findings relate; 2. a list of the mitigation measures as set forth in Section 1, subsection E above, which were evaluated by the governing board of the school district; 3. a summary of the facts upon which the findings that mitigation measures are unfeasible is based; and -3- 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o .. 4. such other inform~tion as may hereafter be required by resolution of the Mayor and Common Council. SECTION 3. Concurrence by Mayor and Common Council. After receipt of findings complying with the requirements of this resolution, the Mayor and Common Council shall, by resolution, either. concur in or reject such findings. Such findings may be rejected only if the Mayor and Common Council determine that such findings are not supported by clear and convincing evidence. Upon application of an aggrieved party, the Mayor and Common Council may reconsider any concurrence or rejection made under this section. SECTION 4. Determinations for Approval of Residential Development. .' , Within the boundaries any school district where it '"has been determined pursuant to this resolution that conditions of overcrowding exist, no decision-making body shall approve or recommend the approval of a residential development or the issuance of permits unless such body or authority first determines one of the following: A. that the school district has entered into an agreement with the applicant or other person which provides a feasible means for mitigating any aggravation of such conditions of overcrowding which would be caused by the residential development; B. where the application is for a building permit, the applicant has paid the school facilities fees as required by this resolution; or C. where the application is for an approval which does not include the issuance of a building permit, that such approval is -4- o o o .. o 1 conditioned upon the payment of school facilities fees pursuant to 2 this resolution. 3 SECTION 5. Payment and Amount of School Facilities Fee. 4 Every person carrying out a residential development in a 5 achool district where school overcrowding has been determined to 6 exist shall pay a ~chool facilities fee for each elementary, 7 intermediate, and senior high school student generated by the 8 development. The amount of the facilities fee per dwelling unit 9 shall be set by resolution of the Mayor and Common Council after 10 consultation with the affected school district, shall bear a 11 reasonable relationship and will be limited to the needs of the 12 community for elementary, intermediate, and high school 13 facilities, and shall be reasonably related and limited .t'o the , 14 need for schools caused by the residential development.' The fee 15 shall be paid before the issuance of a building permit or other 16 permit or approval by a decision-making body. 17 SECTION 6. Determination of Student Population Density and 18 Dwelling Units. 19 A. Student population density for the purpose of this 20 resolution shall be determined by resolution of the Mayor and 21 Common Council based upon the number of students reasonably 22 expected to be housed in each dwelling unit in the development. 23 B. The number of dwelling units shall be determined by 24 reference to the building permits issued permitting residential 25 development or by reference to the discretionary permit or map 26 permitting conversion of existing structures to residential use. 27 28 SECTION 7. Application of Fees. The fees collected pursuant to this resolution shall be paid -5- 0 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o , 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 school buildings, including furniture and equipment for such,buildings, purchase of land, and the remodeling of existing school buildings which are not in use as teaching facilities for the grades which will use such facilities after remodeling. SECTION 8. School District Report; Frequency Thereof; Contents. Any school district receiving funds pursuant to this resolution shall maintain a separate account for any fees' . received, and shall file annually a report with the Mayor and Common Council on the balance in the account at the end of each fiscal year, and on the status of facilities leased, purchased or constructed during the same fiscal year. In addition, the report shall specify whether the school district will continue to be overcrowded when the fall term begins, and when conditions of overcrowding will no longer exist. Such report shall be filed by September 1 of each year, and shall be filed more frequently at the request of the Mayor and Common Council. The Mayor and Common Council shall annually review the report filed by the school district. If overcrowding conditions no longer exist, the City shall terminate the requirement for payment of fees pursuant to this resolution for residential development in that school district. SECTION 9. Exemptions. -6- o o o ~ o 1 The provisions of this resolution shall not apply where the 2 residential development is: 3 A. Construction of single dwelling units pursuant to the 4 City Infill Housing Program for single residences upon an existing 5 lot of record. 6 B. Housing ~nits which are legally restricted to senior 7 citizens. 8 C. Remodeling or renovations which do not result in 9 creation of additional dwelling units. 10 D. Reconstruction .of a legally established dwelling unit . 11 destroyed or damaged by fire, flood, explosion, accident or act of 12 God. 13 . 14 including but not limited to sheltered workshops and group homes 15 for abused women and children. E. Twenty-four hour social care and educational facilities 16 F. Property which is exempt from taxation under 17 subdivisions (a) to (g), inclusive, of Section 3, subdivisions (b) 18 and (c) of Section 4, Article XIII of the California 19 Constitution. 20 G. Residential development for which the developer has 21 entered into agreements with district to provide for school 22 facilities such as construction and leasing of schools or 23 participation in a Mello-Roos Community Facilities District. 24 H. Residential units constructed within the Redevelopment 25 Project areas shall be exempt from the payment of fees when there 26 is a separate agreement between the Redevelopment Agency and the 27 school district to mitigate the impact of the new housing units 28 upon the school district; it being the intent that housing units -7- 0 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 ~ 0 constructed in such project areas shall either pay the fee provided by this resolution or pay pursuant to a separate agreement, but in no event shall such development be subject to both a fee pursuant to this resolution plus a duty to provide other mitigation. I. Residential developments of twelve (12) units or less shall be exempt from the payment of fees provided by this resolution for a period of thirty (30) days after the adoption of this resolution. SECTION 10. California ~nvironmental Quality Act. Re~eipt of fees paid under this resolution shall constitute full and complete mitigation of any adverse impacts upon the school district under the California Environmental Quali.~y Act, . arising out of such residential development and shall fulfill all other obligations under law arising from school impaction. SECTION 11. Amendment or Repeal of this Resolution. The Mayor and Common Council may add, amend or repeal any provisions of this resolution or the whole thereof, upon thirty (30) days oral or written notice to the school district. SECTION 12. Severability. If any section, subsection or portion of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this resolution. The Mayor and Common Council hereby declare that it would have adopted this resolution and each section, subsection or portion thereof, irrespective of the fact that anyone or more II -8- '..0 o o o .. 1 sections, subsections or portions be declared invalid or 2 unconstitutional. 3 I HEREBY CERTIFY that the foregoing resolution was duly 4 adopted by the Mayor and Common Council of the City of San .5 6 Bernardino at a meeting thereof, held on . 1985, by the following vote, the day of 7 to wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 Council Members AYES: NAYS: . ABSENT: City Clerk The foregoing resolution is hereby approved this day of , 1985. Mayor of the City of San Bernardino Approved as to form: 21 City Attorney 22 23 24 25 26 27 28 -9- :-6ITY OF SAN BE~ARDINOcr- MEMORANDU~ ",{.J&' : . Iv...1. l)l,ll To \_l' t' Subject. RALPH H. PRINCE Ci ty Attorney School Impaction From "EC~;V-'" "'TV"" C'''- C\ ;...l. t!_--!, i -./...<_1'.1. JOHN F. WILSON Deputy City Attorney July 24, 1985 Fee Res'8~u~n~n_~ All :38 Date Approved Date 14.9917 On July 12, 1985, a meeting was held between the Legislative Review Committee of the Common Council of the City of San Bernardino and Dr. Harold Boring, Frank Ayala and Shirley Compton representing the San Bernardino Unified School District. The meeting was held for the purpose of resolving differences in two drafts of a school impaction resolution which had been prepared by the City and the School Board. At the meeting it was agreed that the draft resolution submitted by the School District at the time of .the meeting would be amended to reflect the following as set forth in the minutes of that meeting: 1. The Committee recommended the original concept of agreement between the School District/developers for temporary building clarified, if fees are to be charged for temporary classrooms or permanent facilities. Agreement can be reached on land contributed in lieu of fees. 2. The Committee recommended exemption for construction of a single-family residence upon an existing lot of record. City is trying to implement In-Fill Program for older areas of City by Federal, State and County and additional fees will destroy this program. Impact of individual lot construction allover City is not great on School District; however, tract development should be handled differently. The Committee also recommended citizen housing as defined by HUD. has no impact on schools. exemption for senior Senior citizen housing 3. The Committee recommended the resolution contain definite commitment for use of funds at time of collection; the resolution be reviewed annually and evaluated/approved by Council and School Board. The Committee also recommended standard fees apply throughout the School District - not different scales for development based on impaction to definite areas. 4. During general discussion, all participants agreed that need for schoolrooms is defined as land/structures _ capital improvements; fixtures and equipment for new el.,., ON "HI::M~ f!-5-8.5 -#/2 c o o o Ralph H. Prince July 24, 1985 Page 2 classrooms or new plants only (not supplies or refurbishing rooms in use). [5]. The Committee agreed on recommendation that residential developments of ten units or less are to be exempted from the payment of the impaction fees for a period of thirty days, in lieu of sixty days, following the effective date of the resolution. [6]. Dr. Boring stated the School District has great concern on all redevelopment projects with funds impounded. Redevelopment low-cost housing greatly impacts the School District. A copy of the amended draft resolution is attached for reference. The concerns set forth in paragraph 1 of the minutes are addressed on page 6 lines 3 through 6 of the draft. ..... Application of the collected fees is limited to expenditur. for purchase or construction of school buildings, including furniture and fixtures, purchase of land, and remodeling of existing school buildings. The fees are not to be used for temporary facilities. The agreement may require some modification to prevent use of funds to modify active teaching facilities. As is further required by paragraph 1, page 7 line 18 of the draft, developers who enter into agreements to provide for school facilities such as construction and leasing of schools or participation in Mello-Roos Community Facilities District are exempt from the requirement to pay fees. The exemption for in-fill homes described in paragraph 2 of the minutes is included in the draft on page 7 lirtes 1 through 3. Senior citizen housing is exempted on page 7 lines 4 and 5. The language appearing in paragraph 3 of the minutes to the effect that ". . . the resolution \shall) contain definite commitment for the use of the funds at the time of collection" is unclear. Page 6 lines 1 through 3 of the draft states that, "All fees collected shall be used solely by the School District to offset conditions of' school overcrowding". Provision for annual review is included in page 6 lines 11 and 12 of the draft. By changing the reference throughout the document from "attendance are" to "School District" school impaction fees are made to apply l_ o o o Ralph H.Prince July 24, 1985 Page 3 uniformly throughout the School District as required by paragraph 3 of the minutes. The concerns expressed in paragrah 4 of the minutes overlap those of paragraph 1 and are addressed on page 6 lines 3 through 6 of the draft. Residential development of 12 units are exempted from the requirements of the resolution for a period of 30 days after its passage on page 8, lines 4 through 7 of the draft. The School District's concerns about RDA projects are addressed on page 7, lines 22 through 28 and page 8 lines 1 through 3 of the draft. The draft resolution addresses those issues discussed at the Legislative Review Committee meeting of July 12. 1985. However, there are a number of areas of concern which were not discussed and which, therefore, have not been addressed in the draft. These include the following: 1. Clarification of the fact that this resolution does not put into effect an SB20l system within the City of San Bernardino. And, further, that this resolution is not to be construed as a binding agreement on the City, but is instead a statement of Operating Guidelines for the exaction of school impaction fees. 2. City wants right to apply provisions of Sections 2 and 3 annually. 3. Clarification that payment of fees will completely mitigate any negative impacts under CEQA and fulfill all other obligations arising from school impaction~ 4. Add provisions that Mayor and Common Council may add, amend or repeal any provision of this resolution or the whole thereof, upon 30 days' oral or written notice to the School District. ADDENDUM On July 24, 1985, Councilman Gordon Quiel added the following to the list of unresolved issues: . " , o o o Prince 1985 5. That the collected fees may be used for temporary facilities when no additional classrooms are available and after approval of the Mayor and Common Council. On July 24, 1985, a meeting was held to resolve the above- cited issues. Present at the meeting were William Sabourin and John Wilson of the City Attorney's Office, Clayton Parker of Parker and Covent, Frank Ayala and Shirley Compton of the San Bernardino Unified School District. It was agreed that the following amendments would be made in the draft resolution: In response to Issue Nos. 1 and 4, Section 11 will be added to the resolution to read: The Mayor and Common Council may add, amend or repeal any provision of this resolution or the whole theteof, upon thirty days oral or written notice to the School Board. In response to Issue No.2, Section 2 of the resolution will be amended to read "Each year the governing board . ..".' In response to Issue No.3, Section 10 of the resolution will be added to read as follows: Receipt of fees paid under this resolution shall constitute full and complete mitigation of any adverse impacts upon the School District under the California Environmental Quality Act, arising out of such residential development and shall fulfill all other obligations under law arising from school impaction. In response to the issue raised by Mr. Quiel, it was agreed that Section 7 of the resolution would be amended to read as follows: The use of such fees shall be limited to providing additional student housing, such as lease or construction of new school bUildings, including furniture and equipment for such buildings, purchase of land, the remodeling of existing school buildings which are not in use as teaching facilities for the grades which will use such facilities after remodeling. ,,0 o o Ralph H. Prince July 24, 1985 Page 5 o With respect to the question of the use of the fees for lease of temporary facilities subject to the approval of the Mayor and Common Council, Mr. Ayala and Ms. Compton stated that the issue was discussed at the meeting of July 12, 1985. It was their recollection that the language currently contained in Section 7 of the draft was a result of a compromise reached on the issue at that time.