Loading...
HomeMy WebLinkAboutAgenda Report - November 5, 1986 (129)1111, LAI C` ;NCIL COAMUNICATIO `TO: THE CITY COUNCIL Dom= y FROM: THE CITY MANAGER'S OFFICE NOVEMBER 5, 1986 SUBJECT: LODI UNIFIED SGML DISTRICT IMPACTION FES a a BACKGROUND Earlier this fall the City Council received Lodi Unified School District's School Irupaction Report for the year, a copy of which is included in the enclosed material. Subsequent to that referral the Council set a public hearing at this meeting to take testirmny on the report and the school h7pact:ion. A copy of the City Council Ordinance establishing the fee and procedure is attached for the Councils information. RE=44E DED ACTION At the conclusion of the Public Hearing the Council must (I) -establish the attendance areas that are impacted and (2) set the fee to be collected in the impacted areas. ajFaX��' Schroeder :y Develognent Director ORDINANCE NO. 1149 AN ORDINANCE OF THE CITY OF LODI TO PROVIDE FOR THE DEDICATION OF LAND OR FEES OR BOTH AS A CON- DITION TO THE APPROVAL OF NEW RESIDENTIAL DEV- ELOPMENTS, FOR THE PURPOSE OF PROVIDING CLASS- ROOM FACILITIES WHERE CONDITIONS OF OVERCROWD- ING EXIST IN A PUBLIC SCHOOL ATTENDANCE AREA. The City Council of the City of Lodi does ordain as follows: SECTION 1. A new Chapter is hereby added to the City of Lodi Code to read as follows: CHAPTER _ RESIDENTIAL DEVELOPMENTS IN OVERCROWDED PUBLIC SCHOOL ATTENDANCE AREAS. ARTICLE ONE. GENERAL PROVISIONS SEC. IA. TITLE AND PURPOSE. This Article shall be known as the "School Facilities Dedication Ordinance". The purpose of this Article is to provide a method for financing interim school facilities necessitated by new residential devel- opments causing conditions of overcrowding. SEC. 1B. AUTHORITY AND CONFLICT. This Article is enacted pursuant to Chapter 4. 7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code. In the -1- case of any conflict between the provisions of this Article and those of Chapter 4.7, the latter shall prevail. SEC. 1C. GENERAL PLAN, The City's General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the General Plan. SEC. 1D. REGULATIONS. The Council may from time to time, by resolutior, issue regulations to establish administra- tion, procedures, interpretation and policy direction for this Article. k ARTICLE- TWO. DEFINITIONS SEC, 2A: GENERALLY. Except where the context other- wise requires, the definitions given in this section govern the construction of this Article. # ; SEC. 2B. DEVELOPER. The term "developer" includes every person, firm, corporation, or other business entity con- f` structing or installing a new dwelling unit or mobile home space, either directly or through the services of any employee, agent, or independent contractor. i SEC. 2C;. DWET.LING UNIT. The term "dwelling unit" includes each single family dwelling and each unit of a multiple ' -2 _ unit dwelling structure designed as a separate habitation for. one + . or more occupants. • The term "dwelling unit" also includes a .y s.: new factory built housing installed in accordance with Section = 19960 et seq. of the Health and Safety Code of the State of . California. SEC. 2D. MOBILE HOME SPACE. The term "mobile home space" includes each space in a mobile home park designed to be used for parking a mobile home on a temporary, semi-permanent . or permanent basis. SEC, 2E. SCHOOL DISTRICTS, The term "School Districts" includes all school districts located in whole or in part within the = City of Lodi. } SEC. 2F. CONDITIONS OF OVERCROWDING, "Conditions of Overcrowding" means 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 district. SEC. 2G. REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVERCROWDING. "Reasonable = methods .':)r mitigating conditions of overcrowding" shall include, but are not limited to: -g_. ,«±"m+v^J+ar...w ...... ...... . .. .r.. -r ,�.-+e-... .+:.,•.a+w.+c...Faii++3.^ h. c.,... : -- ..,., , e x::-. ..- r.-,...- ..._..w,,.:-.......�—. ,... -, . _.... , �'4' �.^. _ .� _.:ten .:.C'�`".k :;'. yf• _ dential developments in the affected school district whereby temporary- 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. s SEC. 2H. RESIDENTIAL DEVELOPMENT. "Residential develcpment" t means 'a project containing residential dwellings, including mobile homes, of one or more units, or a division of land for the purpose of constructing one or more residential dwelling units. Residential development includes, but is not limited to, a preliminary or final development plan, a subdi- vision tentative map, a parcel map, conditional use permit, or any other discretionary permit for new residential d selling use. ARTICLE THREE. PROCEDURE SEC. 3A. NOTIFICATION OF CONDITIONS OF OVER- CROWDING. The governing body of a school district which operates, in whole or in part, within the City of -4- ,� � - - �.�.• x ,.�.n,�,..�• , ,t .,,.. �, r-�� . �. .,. 3-., r . , ;,.�,..�-max �;� . , .�::� ��: �� -� - � �,��..�:. (a) Any agreements entered into by the affei:ted school district which would alleviate conditions of overcrowding caused by new residential development; x The use of reloca d T e u table structures, student transportation, and school boundary realignments; (c) The use of available bond or state loan revenues to the extent- z authorized by law; (d) Tr- 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 governing body of affected school districts; (e) Agreements between a subdivider or other developer of resi- dential developments in the affected school district whereby temporary- 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. s SEC. 2H. RESIDENTIAL DEVELOPMENT. "Residential develcpment" t means 'a project containing residential dwellings, including mobile homes, of one or more units, or a division of land for the purpose of constructing one or more residential dwelling units. Residential development includes, but is not limited to, a preliminary or final development plan, a subdi- vision tentative map, a parcel map, conditional use permit, or any other discretionary permit for new residential d selling use. ARTICLE THREE. PROCEDURE SEC. 3A. NOTIFICATION OF CONDITIONS OF OVER- CROWDING. The governing body of a school district which operates, in whole or in part, within the City of -4- ,� � - - �.�.• x ,.�.n,�,..�• , ,t .,,.. �, r-�� . �. .,. 3-., r . , ;,.�,..�-max �;� . , .�::� ��: �� -� - � �,��..�:. 7 Lodi may at any time pursuant to Government Code Section (' 6597 1, notify the City Council that it has found that: (1) 3 conditions of overcrowding exist in one or more attendance areas within the district which will impair the normalfunction- . z { ing of educational programs including the reason for such con- "i ditions existing; (2) all reasonable methods of.mitigating con- i j ditions of overcrowding have been evaluated; and (3) no feasible :a jmethods for reducing such conditions exist. Such notification Fa shall remain in effect until withdrawn in writing by the governing A body of the school district. r SEC. 3B. FINDINGS - REQUIREMENTS. The notice shall be in writing and shall set forth the clear and convincing evi- dente upon which such findings are based. It shall specify: (1) The findings listed in Section 3A. (2) The findings of fact and a summary of the evidence " upon which the findings in Section 3A were based; r (3) The mitigation measures and methods, including those listed in Section 2G, considered by the school district in any determination made concerning them by the district; (4) The precise geographic boundaries of the over- crowded attendance area or areas; (5) Such other information as may be required by council regulation. _ =a -5- ing exist, the City's planning agency shall not thereafter approve a residential development as defined in Section 2H unless the planning agency makes one of the following findings: (1) That pursuant to this ordinance, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant and the school district for a residential development to mitigate the conditions of overcrowding within that attendance area; or i SEC. 3C. DESIGNATION OF OVERCROWDED SCHOOL. u�' r `! Upon receipt of a notice as described in Section 3A, the City Council shall schedule and conduct a public hearing on the noti- fication for the purpose of allowing interested parties to comment ti on the matter. Following such hearing, the City Council shall r , { determine whether it concurs in such finding. If the City Council concurs, it shall by resolution designate the school as an over- crowded school. i, tri ` SEC. 3D. ACTIONS AFFECTING RESIDENTIAL DEVELOP- MENTS. Within the attendance area where it has IN F; been determined pursuant to Section C that conditions of overcrowd- ing exist, the City's planning agency shall not thereafter approve a residential development as defined in Section 2H unless the planning agency makes one of the following findings: (1) That pursuant to this ordinance, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant and the school district for a residential development to mitigate the conditions of overcrowding within that attendance area; or { == requiring the payment of fees or the dedication of land or other alternative provisions of this Article. SEC. 3E. EXEMPTIONS. Residential developments shall be exempt from the requirements of this Article when they consist { only of the following: f (1) Any modification or remodeling of an existing legally established dwelling unit that does not create an addi- tional dwelling unit. } (2) The proposed development is located within a re- development area designated by a redevelopment agency pur- suant to the Community Redevelopmenic Law, Health and Safety D Code Section 33000; or (3) A condominium project converting an existing apart- ment building into a condominium w e re no new dwelling units =z are added. i ,. (4) Any rebuilding of a legally established dwelling unit r x- destroyed or damaged by fire, explosion, act of God or other Faccident or catastrophe. =; (5) Any rebuilding of an historical building recognized, schedule specifying ho�v it will use the land or fees, or both, to i solve the conditions of overcrowding. The scheduL?, shall in- clude the school sites to be used, the classroom facilities to be y i made available, and the time when such facilities will be avail - x able. In the event the governing body of the school district cannot � 3 meet the schedule, it shall submit modifications to the City Council and the reasons for the modifications. SEC. 3G. APPLICATION BY DEVELOPER, At the time of filing an application for the approval of a proposed residential y. � development located in an attendance area where the Council has _ concurred with the findings of the School District as provided in - this Chapter, the applicant shall, as part of such filing, indicate whether he prefers to dedicate land for interim school facilities a or to pay a fee in lieu thereof or do a combination of these. If the applicant prefers to dedicate land, he sha11 describe the t specific land. y i ? (b) The topography, soils, soil stability, drainage,. i access, location and general utility of land in the development l2, available for dedication. z' (c) Whether the location and amou 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 ,i of the community for interim elementary and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development. (d) Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated. (e) If only a subdivision is proposed, whether it will con- tain fifty (50) parcels or less. SEC. 3I. LAND DEDICATION. When the dedication of land is required, the developer shall make a written offer of dedication to the affected school district, which shall then have 30 days in which to formallf accept or reject the offer. if .the school district rejects the offer of dedication, it shall notify the City Council in writing of its reasons for so doing. The City Council shall then determ:.le ='' ° whether to assess fees in lieu of dedication or require the takes no action..within 30 days ;r receiving the written offer, ' x p such offer shall be deemed to have been rejected. �$ SEC. 3J. FEE PAYMENT, If the payment of fees is required, _ .a P Y q , i such payment shall be made at the time the building permit is :1 issued. Only the payment of fees may be required in subdivisions or developments containing fifty (50) parcels or less. ARTICLE FOUR. STANDARDS FOR LAND AND FEES SEC. 4A. GENERAL STANDARD. 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 need for interim school facilities caused by the development. The location of land to be dedicated shall be consistent with the City's general plan. SEC. "4B. AMOUNT OF FEES OR LAND. The Council shall z " by resolution establish the amount of fees to be paid when required pursuant to the terms of this Article. The rate for mobilehomes T shall be established by dwelling unit. The rate for all other dwelling units shall be established on a per bedroom basis. Any room designed for sleeping which has a closet is a bedroom for the pur- poses of this Article. The total land area required to be dedicated ' pursuant to this Article shall be at least equal in monetary value to the fees which would be otherwise required. The planning agency s S shall determine and establish the monetary value of land area for the _ ' r r - purposes of this section. s ARTICLE FIVE. LIMITATIONS SEC. 5A. USE OF LAND AND FEES. All land or fees, or both, collected pursuant to this Article and transferred to a school district shall be used only for the purpose of providing interim S elementary or high school classroom or related facilities. 4 SEC. 5B. ACCOUNTING. Any school district receiving funds pursuant to this Article shall remain 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 previousfiscal year. In addition the report shall specify which attendance areas will con- tinue to be overcrowded when the fall term begins and where condi- tions 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. SEC. 5C. TERMINATION. If overcrowded conditions no longer exist, the City shall cease levying any fee or requiring the dedication of any land pursuant to this Article. SEC. 5D. DETERMINATION OF CAPACITIES. The governing body of each school district shall, no later than May Ist of each T year, determine the capacity of each school in the district and project -11- P. Y 0 5 the enrollment expected in each school for the next succeeding ` school year. This information shall be kept on file at the district offices and shall be made available to the public pursuant to the Public Records Act. The determination of capacity shall set :s F - forth the iormulas or other methods employed by the governing body in making its determination. SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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 the remaining portions of this ordinance. s . The City Council of this City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. r SECTION 3. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its adoption and prior to the expiration of fifteen (15) days from the passage thereof, shall be published once in the Lodi News Sentinel, a newspaper published in the City of Lodi, County of San Joaquin, State of California, r.. zzN+G.rsi'c,,.�'-� 7" ,., .''x'4-,n�wwazvcnv.n , s.-xg, z,} -�; - ,� _ .tea +t'S, ,:e*rJ;.:cr-•, .-w.t-u._ c..�., x sv NOTICE OF PUBLIC HEARING REGARDING DECLARATION OF IMPACTION AND NOTIFICATION OF CONDITIONS OF OVERCROWDING 1986-87 BY THE LODI UNIFIED SCHOOL DISTRICT GOVEROEM BCS WHEREAS, Ordinance No. 1149 entitled "An Ordinance of the City of Lodi to Provide for the Dedication of Land or Fees or Both as a Condition to the Approval of New Residential Developments for the Purpose of Providing Classroom Facilities Where Conditions of Overcrowding Exist in a Public School Attendance Area", which was adopted by the Lodi City Council on August 2, 1978, provides that the governing body of a school district which operates, in whole or in part, within the City of Lodi may at any time pursuant to Government Code Section 65971 notify the City Council that it has found that: (1) conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing, (2) all reasonable methods of mitigating conditions of overcrowding have been evaluated; and (3) no feasible methods for reducing such conditions exist. Such notification shall ruin in effect until withdrawn in writing by the governing body of the school district. Upon receipt of such notice the City Council shall schedule and conduct a public hearing on the notification for the purpose of allowing interested parties to ccawnt on the matter. Following such hearing the City Council shall determine whether it concurs in such finding. If the City Council concurs it shall, by resolution, designate the school as an overcrowded school. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Lodi does hereby set a Public Hearing on Wednesday, November 5, 1986 at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers, City Hall, 221 West Pine Street, Lodi, California, to receive public input on notification received from the Lodi � Unified School District declaring a state of impaction in twenty-five ¢ '' attendance areas. Information regarding this item may be obtained in the office of the City Clerk at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views. Writtenstatements may be filed with the City Clerk at any time prior to the hearing scheduled herein and oral statements may be made at said hearing. _ If you challenge the subject matter in court you may be limited to raising only those issues you or scm-one else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk at, or prior to, the Public Hearing. • i Dated: October 1, 1986 By Order of the City Council: City Clerk a,.