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HomeMy WebLinkAboutS06-City Attorney 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. 5-' Ii Ii 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 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 I Ii ii Ii IiI I 2i! 3!i 4 II p 511 j! 6:1 71 8 I. Sll 10 11 12 13 14 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; 16 3. The use of available tax, bond, and other revenue 17 procedures, to the extent authorized by law; 18 19 4. The use of funds available from any other sources; 5. The use of other schools in the district not having 20 overcrowded conditions; 21 22 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. 27 28 F. "Residential development": 1. The construction of dwelling units; 2 1 2 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 :j 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. i 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: 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 I 24 I Section 2 Subsection E above, which were evaluated by the I 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 I 4. Such other information as may hereafter be required I 3 --------.. ~ 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 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 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 5 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. ~I 19 20 21 22 23 24 25 26 27 28 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 6 ~ , . ~ 1 2 3 4 5 6 7 8 S 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~ 26 27 28 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 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 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 8 !' 1, 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. 23 24 ~ 26 27 28 " 1 2 3 4 5 6 7 8 S 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 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 10 1 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 71 811 9 I! 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 I 121 Resolution No. 86- which establishes the procedures for 13 14 15 , 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 20 I 21 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: 27 28 Per Single Family Dwelling Unit $1,723.00 1,353.00 Per Multi-Family Dwelling Unit ,-1,.;.. 10 .-..-.._--. - - 1 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: 6 7 8 S ! Counc il Members AYES: NAYS :. ABSENT: 11 City Clerk 12 The foregoing resolution is hereby approved this 13 day of , 1986. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mayor of the City of San Bernardino Approved as to form: ~~/f,f2:d/ Ity torney 2