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54 ORDINANCE NO. ;A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, RELAT- ING TO SCHOOL FACILTIES FEE AND DEDICA- TIONS. . WHEREAS, the City of Grand Terrace has entered into an agreement with the Colton Joint Unified School District for the City to provide furnished school classrooms and related facilities herein sometimes referred to as "school facilities" or "classroom facilities" or "school class facilities" or "facilities" or "classroom related facilities;" and WHEREAS, the City Council and the Colton Joint Unified School District have determined the need to establish school facility fees and dedications and to implement the provisions of Government Code Section 65970 et seq. ; NOW, THEREFORE, the City Council of the City of Grand Terrace DOES HEREBY ORDAIN as follows: SECTION 1. Citation - This Ordinance shall be known and may be cited as the "School Facilities Dedication and Fee Ordinance." SECTION 2. Authority - This Ordinance is adopted pursuant to the pro- visions of Chapter 4.7 commencing with Section 65970) of Division 1 of Title 7 of the Government Code. SECTION 3. Purpose - The purpose of this Ordinance is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding. SECTION 4. Regulations - The City Council may, from time to time, by resolution, issue regulations to provide for the administration and imple- mentation of this Ordinance. SECTION 5. Findings - The City Council of the City of Grand Terrace finds and declares as follows: (a) Adequate school facilities should be available for all children residing in the City, including children residing in new residential developments. (b) Public and private residential developments may require the expansion of existing public schools or the construction of new school facilities. (c) In many areas of the City, the funds for the construc- tion of new classroom facilities are not available when new development occurs, resulting in the over- crowding of existing schools (d) New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated in a reasonable period of time without City involvement as provided for under existing State law. (e) That, for the above reason, new and improved methods of financing for interim school facilities necessitated by new development are needed in the City of Grand Terrace. SECTION 6. General Plan - The City of Grand Terrace General Plan pro- vides for the location of public schools. Interim school facilities, whether temporary or permanent, to be constructed from fees paid or land required to be dedicated hereunder, or both, shall be consistent with the City General Plan. SECTION 7. Definitions (a) "Conditions of Overcrowding" - shall mean that the total enrollment of a school , including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the school district. (b) "Decision-Making Body" - shall mean the Grand Terrace City Council or their designee. (c) "Dwelling Unit" - shall mean a building or a portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit. (d) "Reasonable Methods for Mitigating Conditions of Over- crowding" - shall include, but are not limited to, agreements between a subdivider or other developer of a residential development and the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the school district will be used. (e) "Residential Development" - shall mean a project containing residential dwellings, including mobile homes, of one or more units or a subdivision of land for the purpose of constructing one or more residen- tial dwelling units. Residential development includes , but is not limited to: (1) A privately proposed amendment to the City General Plan which would allow an increase in authorized residential density and where no further discretionary action for residential development need be taken by a decision making body prior to application for a building permit; (2) A privately proposed specific plan or amendment to a specific plan which would allow an increase in authorized residential density; -2- (3) A tentative or final subdivision map or parcel map or a time extension on such a tentative map; (4) A special use permit; (5) An ordinance rezoning property to a residential use or to a more intense residential use; (6) A building permit ; or (7) Any other discretionary permit for residential use. (f) "Exemptions" - A residential development shall be exempt from the requirements of this Division when it consists of any of the following: (1) Any modification or remodel of an existing legally established dwelling unit where no additional dwelling units are created. (2) A condominium project converting an existing apartment building into a condominium where no new dwelling units are created. (3) Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, flood, explosion, act of God or other accident or catas- trophe. (4) Any rebuilding of an historical building recog- nized, acknowledged and designated as such by the City. SECTION 8. Finding of Overcrowded Attendance Area - If the governing body of a school district which as jurisdiction within the corporated boundaries of the City of Grand Terrace makes a finding supported by clear and convincing evidence that: (a) Conditions of overcrowding exist in one or more attendance areas that include territory within the City which will impair the normal functioning of educational programs, including the reasons for the existence of such conditions; and (b) That all reasonable methods, within established school district policies, of mitigating conditions of over- crowding have been evaluated and no feasible method, as determined by the school district, for reducing such conditions exist, the governing body of the school district shall notify the City Council . The notice of finding sent to the City shall specify the mitigation measures considered by the school district. If the City Council concurs in such findings, the provisions of Section 10 herein shall be applicable to -3- official actions taken on residential development application by a decision making body. SECTION 9. Notice of Findings Requirements - Any notice of findings sent by a school district to the City shall specify: (a) The findings listed in Section 8 herein; (b) The mitigation measures and methods, including those listed in the definitions herein under "Reasonable Methods for Mitigating Conditions of Overcrowding," considered by the school district and any determina- tion made concerning them by the District. Other mitigation measures may include, but are not limited to: (1) Any other agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential devel - opment. (2) The use of relocatable structures, student trans- portation and/or school boundary realignment. (3) The use of available bond or State loan revenues, to the extent authorized by law. (4) The use of funds which could be available from the sale of surplus school district real property and funds available from other appropriate sources, as determined by the respective govern- ing bodies of the affected school district. (c) The precise geographic boundaries of the overcrowded attendance area or areas. (d) Such other information as may be required by the City Council regulations. SECTION 10. Restriction on Approval of Residential Development/City Council Findings - Within any attendance area of a school district where it has been determined pursuant to Section 8 herein, that conditions of over- crowding exist, no decision making body shall approve an application for a residential development within such area, unless such decision making body makes one of the following findings: (a) That action will be taken pursuant to this Division to provide dedications of land and/or fees to mitigate the conditions of overcrowding within that attendance area or (b) That there are specific overriding fiscal , economic, social , or environmental factors which in the judgment of the decision making body would benefit the City, thereby justifying the approval of a residential -4- development otherwise subject to the provisions of this Ordinance. An agreement between the applicant for a residential development and the school district to mitigate conditions of overcrowding within that attendance area may be considered by a decision making body as such an overriding factor. SECTION 11. Requirement of Fees and/or Dedications - For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined pursuant to the provisions herein- above, the City shall require, as a condition to the approval of a residential development, the dedication of land, the payment of fees in lieu thereof, or a combination of both as determined by a decision making body during the hearings or other proceedings on specific residential development applications falling within its jurisdiction, unless it has been determined by the City Council that provisions of subsection (b) of Section 10 hereinabove are appli- cable. Prior to imposition of the fees and/or dedications of land, it shall be necessary for a decision making body acting on the application, or the City Council , to make or to have made the following findings: (a) The City General Plan provides for the location of public schools. (b) The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary, junior high or high school classroom and related facilities as defined by the governing body of the District. (c) The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary, junior high or high school facilities and shall be reasonably related and limited to the need for schools caused by the development. (d) The facilities to be constructed, leased, or rented from such fees or the land to be dedicated or both is consistent with the City General Plan. SECTION 12. Payment of Fees in Smaller Subdivisions - Only the payment of fees shall be required in subdivisions containing fifty (50) parcels or less. SECTION 13. Standard for Land Dedication and Fees - The standards for the amount of dedicated land or fees to be required shall be established by the governing board of each school district where a determination has been made pursuant to the foregoing provisions herein contained that conditions of overcrowding exist. Such standards and facts supporting them shall be trans- mitted to the City Council . If the City Council concurs in such findings, they shall , until revised, be used by decision making bodies in situations where dedications of land and/or fees are required as a condition to the approval of a residential development. Nothing herein shall prevent the City Council from establishing and using standards other than those established by the school district in the event that the City Council is unable to concur in those transmitted by the district. -5- SECTION 14. Filing Application for Residential Development - At the time of filing an app ication for approval of a residential development located within an attendance area where the findings required have been made, the applicant shall , as part of such filing, indicate whether it prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, it shall suggest the specific land. SECTION 15. Notification to School Districts. (a) Upon receipt of an application for a residential development within an attendance area where the findings required herein have been made, the Planning Director of the City shall notify the affected school districts thereof. With the exception of applications for building permits, said notification shall be made no later than thirty (30) days prior to consideration of the application by a decision making body. (b) For the purpose of advising school districts of proposed residential development which may affect them, the Planning Director of the City shall notify a school district of any application not governed by subsection (a) hereinabove submitted to City for approval of any residential development within the jurisdiction of that school district. SECTION 16. Decision Factors. (a) Upon receipt of notification required by subsection (a) and (b) hereinabove, the governing board of the affected school district shall determine whether to require dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. The school district shall then transmit the determination to the Planning Director of the City for submission to the appropriate decision making body for concurrence. If the decision making body concurs in such determination it may at the time of its consid- eration of a residential development application, impose such requirements. In the respective actions regarding this determination, the school district and the decision making body shall consider the following factors: (1) Whether lands offered for dedication will be consistent with the City General Plan; (2) Whether the lands offered for dedication meet the criteria established within Education Code Section 39000 et seq.; (3) The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication; -6- (4) Whether the location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities and will be reasonably related and limited to the need for schools caused by the development; (5) If only a subdivision is proposed, whether it will contain fifty (50) parcels or less; Nothing herein shall prevent a decision making body from imposing requirements other than those trans- mitted by the school district in the event that a decision making body is unable to concur in the district 's determination hereunder. (b) If the School district has entered into an agreement with the applicant for the residential development to mitigate conditions of overcrowding within the attend- ance area covered by the application, the governing body shall upon receipt of the notification required herein so advise the Planning Director and transmit a copy thereof for submission to the appropriate decision making body for consideration. �— SECTION 17. School District Schedule - Following actions by a decision making body to require the dedication of land or the payment of fees, or both, the City Planning Director shall notify each school district affected thereby. The governing body of the school district shall submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of this school district cannot meet the schedule, it shall submit modification to the City Council and the reasons for the modifications. SECTION 18. Land Dedication - When land is to be dedicated, it shall be offered for dedication to t e of ected school district in substantially the same manner as prescribed by the school district. Dedicated land which subse- quently is determined by the school district to be unsuitable for school purposes may be sold at the option of the school district. The funds derived therefrom must be used in accordance with this Ordinance. SECTION 19. Fee Payment - If the payment of a fee is required, such, payment or the prorata amount thereof shall be made to the Planning Director of the City at the time a building permit within the residential development is approved and issued. SECTION 20. Fees Held in Trust - Fees paid under this Division shall be held in trust by the City. Such fees shall be transferred within thirty (30) days of payment to the school district operating schools within the attendance area from which the fees were collected. -7- SECTION 21. Refund of Paid Fees - If a residential development approval is vacated or voided, and if the City or the affected school district still retains the land and/or fees collected therefor, and if the applicant so requests, the City Council or the governing board of the school district shall order the land and/or fees returned to the applicant. SECTION 22. Use of Land and Fees - All land or fees, or both, collected pursuant to this Division and transferred to a school district shall be used only by the district for the purpose of providing interim elementary, junior high, or high school classroom and related facilities, whether tempor- ary or permanent. SECTION 23. Fee Fund Records and Reports - Any school district receiving funds pursuant to this Division shall maintain a separate account for any fees paid and shall file a report with the City Council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas, which include City territory, will continue to be overcrowded when the Fall term begins, and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1 of each year and shall be filed more frequently at the request of the City Council . SECTION 24. Termination of Dedication and Fee Requirements - When it is determined by the City Council that conditions of overcrowding no longer exist in an attendance area which includes territory of the City, decision making bodies shall cease levying any fee or requiring the dedication of any land for that area pursuant to this Ordinance. Action under this Section shall not affect the validity of conditions already imposed for levy of fees and dedications of land and such conditions shall remain binding. SECTION 25. The City Clerk shall cause this Ordinance to be posted within fifteen (15) days after its adoption in three (3) public places within said City. SECTION 26. First read at a regular meeting of the City Council of said City held on the 24th day of September, 1981, and finally adopted and ordered posted at a regular meeting of said City Council on the 8th day of October 1981. ATTEST: oo yor of th ity errace City er of the City o Grand and of the uncil thereof. Terr ce and of the City Council thereof. f� Approved as to form: V City Attorney -8- STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the City Council of said City at a regular meeting of the City Council held on the 8th day of October, 1981, and that it was so adopted by the following vote: AYES: Councilmen Grant , Petta, Nix; Mayor Tillinghast. NOES: None ABSENT: Councilman Rigley. i 71ty C of the City of Grand Terrace and of he City Council thereof. STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF GRAND TERRACE ) I, MYRNA LINDAHL, City Clerk of the City of Grand Terrace, DO HEREBY CERTIFY that the above and foregoing is a full , true, and correct copy of Ordinance No. 54 of said City, and that the same has not been amended or repealed. DATED: October 8, 1981. i city C of the City of Grand Terrace and of the City Council thereof.