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CI'I . OF SAN BERNARDI '0 - REQUE"'T FOR COUNCIL AC' 10N
From: Ralph H. Prince
Subject:
School Impaction Fees for the
Colton Joint Unified school
District
Dept: City Attorney
Date: March 12, 1986
Synopsis of Previous Council action:
3/3/86
Mayor and Common Council referred school impaction fees
to the Legislative Review Committee.
3/6/86
Legislative Review Committee approved school impaction
fees for the Colton Joint Unified school District.
Recommended motion:
Adopt resolutions
URGENCY:
requested
1986.
On March 6, 1986, the Legislative Review Committee
that this item be placed on the agenda for March 17,
~~:d/
Signature
Contact person:
William Sabourin
Phone:
5055
Supporting data attached:
Yes
Ward:
Third
FUNDING REQUIREMENTS:
Amount:
N/A
Sou rce:
N/A
Finance:
Council Notes:
7S-0262
AQenda Item No.
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RESOLUTION NO.
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 IMP~CTS 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:
SECTION 1. Definitions.
A. The purpose of this resolution is to provide a method
for financing school facilities in the Colton Joint Unified
School District necessitated by conditions of overcrowding
caused by new residential developments.
B. 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.
SECTION 2. Definitions.
For the purpose of this resolution, the following words and
phrases are defined and shall have the meanings ascribed to them
in this section:
A. "Conditions of overcrowding" means that the total
enrollment of a School District, including enrollment from
proposed development, exceeds the capacity of such school
district as determined by the governing body of the district.
B. "Decision-making body" is 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
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development.
C. "Dwelling unit" is a building or a mobile home,
designed for residential occupation. Dwelling unit shall not
mean room additions to existing residential structures.
D. "Approve a residential development" is the issuance
of a building permit.
E. "Reasonable methods of mitigating conditions of
overcrowding" include but are not limited to:
1. Agreements between a developer and the affected
school district whereby temporary use buildings will be leased to
or for the benefit of a 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
15 buildings owned by the district;
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3. The use of available tax, bond, and other revenue
17 procedures, to the extent authorized by law;
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4. The use of funds available from any other sources;
5. The use of other schools in the district not having
20 overcrowded conditions;
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6. The use or sale of discontinued facilities;
7. Continuous school programs as authorized by
23 California Education Code Sections 37600 et. seq.; or
241 8. The filing of appropriate notices_of overcrowding
25 I with the County of San Bernardino as to any unincorporated areas
26 within the School District subject to overcrowding.
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F. "Residential development":
1. The construction of dwelling units;
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2. The construction of a mobile home park;
3. The conversion to a residential use of an existing
3] structure or part thereof, pursuant to a variance, conditional
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4[ use permit, planned residential development or other
5 discretionary planning permit; or
61 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.
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Sl 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:
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1. A description of the boundaries of the School
22 District to which the findings relate;
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2. A list of the mitigation measures as set forth in
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24 I Section 2 Subsection E above, which were evaluated by the
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25 governing board of the School District;
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3. A summary of the facts upon which the findings that
27 mitigation measures are unfeasible is based; and
28 I 4. Such other information as may hereafter be required
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by resolution of the Mayor and Common Council.
SECTION 4. 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. Any appeal from the decision of the Mayor
and Common Council shall be governed by the provisions of San
Bernardino Municipal Code Chapter 1.26.
SECTION 5. Determinations for Approval of Residential
Development.
Within the joint boundaries of the City of San Bernardino
and the Colton Joint Unified School District no decision-making
body shall approve or recommend 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, and that the Mayor and Common Council have been
given thirty days' prior written notice of the terms of such
agreement; or
B. That the applicant has paid the school facilities fees
as required by this resolution.
SECTION 6. Payment and Amount of School Facilities Fee.
Unless an agreement as provided for in Section 5 Subsection
A has been entered into affecting a ~articular residential
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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 sha~l 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
S 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 artd
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
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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.
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Administrative charges shall not be deducted from the account.
The School District shall annually file 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, with full
disclosure of sources and applications of funds and of any
interest received on the monies maintained in the account.
The
School District shall be responsible for maintaining its current
level of spending and shall not supplant or reduce such level of
spending. In addition, the report shall specify whether the
School District will continue to be overcrowded when the fall
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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 C9uncil. 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 the Colton Joint
Unified School District.
SECTION 10. Exemptions.
The provisions of this resolution shall not apply where the
residential development is:
A. Construction of single dwelling units pursuant to the
City Infill Housing Program for single residences upon an
existing lot of record.
B. Dwelling units which are legally restricted to senior
citizens or from which school age children are legally excluded.
C. Remodeling or renovations which do not result in
creation of additional dwelling units.
D. Reconstruction of a legally established dwelling unit
destroyed or damaged by fire, flood, explosion, accident, or act
of God.
E. Twenty-four hour social care and educational facilities
including but not limited to sheltered workshops and group homes
for abused women and children.
F. Property which is exempt from taxation under
subdivisions (a) to (g), inclusive, of Section 3, Subdivisions
(b) and (c) of Section 4 Article XIII of the California
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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
S 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 suppl iers.
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
~ 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
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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.
S 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.
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AYES:
Council Members
NAYS:
ABSENT: .
City Clerk
The foregoing resolution is hereby approved this
day
of
, 1986.
Mayor of the City of San Bernardino
~;J;yZ
City Attorney
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RE~OLUTION NO.
2 I. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE
3!,11 AMOUNT OF SCHOOL FACILITIES FEES TO BE PAID TO THE COLTON JOINT
UNIFIED SCHOOL DISTRICT FOR EACH DWELLING UNIT WITHIN THE MUTUAL
41,11' BOUNDARIES OF THE CITY AND THE DISTRICT DURING THE 1985-1986
SCHOOL YEAR. .
511
611
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Recitals.
A.
The Mayor and Common Council did determine that there is
clear and convincing evidence that conditions of overcrowding
10 presently exist within the Colton Joint Unified School District.
11 B. On March 17, 1986, the Mayor and Common Council adopted
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121 Resolution No. 86-
which establishes the procedures for
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determining the school facilities fee to be paid to the Colton
Joint Unified School District for each dwelling unit within the
mutual boundaries of the City and the District and Resolution No.
16 86- established the basis for such fee.
17 C. Colton Joint Unified School District has agreed that the
18 same fees adopted by the Mayor and Common Council for the San
IS Bernardino City Unified School District shall apply to Colton
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Joint Unified School District.
SECTION 2. Establishment of Fees.
Pursuant to Resolution
22 No. 86-
the school facilities fees to be paid to the Colton
23 Joint Unified School District for each dwelling unit for which
24 payment of such a fee is required within the mutual boundaries of
25 the City and the District during the 1985-1986 school year shall
26 be as follows:
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Per Single Family Dwelling Unit
$1,723.00
1,353.00
Per Multi-Family Dwelling Unit
,-1,.;..
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1 HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
meeting thereof,
4 held on the
day of
, 1986, by the
5 following vote, to wit:
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Counc il Members
AYES:
NAYS :.
ABSENT:
11 City Clerk
12 The foregoing resolution is hereby approved this
13 day of , 1986.
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Mayor of the City of San Bernardino
Approved as to form:
~~/f,f2:d/
Ity torney
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