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HomeMy WebLinkAboutAgenda Report - October 16, 1991 PHOF 4 . CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Consider the Lodi Unified School District 1991-92 Declaration of Impaction MEETING DATE: October 16, 1992 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider the Lodi Unified School District 1991-92 Declaration of Impaction and take appropriate action. BACKGROUND INFORMATION: On September 3, 1991 the Lodi Unified School District Board of Trustees ad ted Resolution 91-98 Declaring Continued Conditions of Nvercrowing in the District. All schools within the corporate limits of the City of Lodi were listed as over crowded. The District is asking the City Council to adopt a Resolution declaring continued impacting so that LUSD may continue to adopt SB20I fee (old fee). District staff will be available to discuss this matter with the City Council. FLt DM None required. ks . Schroeder ty Development Director JBS/cg Attachments APPROVED: --T-;I-TJ- J• U - t, %1 #W THOMAS A. PETERSON recyaspen Exhibit ""3", lod00 e uniffled adhool d1o9det FACILITY PLANNING DEPARTMENT 1300 West Lodi Avenue, Suite S, Lodi, California 95242 Mailing Address: 815 West Lockeford Street, Lodi, California 95240 REIVE5 September 15, 1991 SEP 16 1991 COMMUBttY Mr. Jim Schroder DEPARTMENT City of Lodi, Community Development City Hall 221 West Pine Street Lodi CA 95241-1910 Dear Mr. Schroder: Attached is a listing of Lodi Unified Schools within the Lodi city Iimits. All of the elementary schools and the middle school are impacted and are on a year round calendar. The high schools are also impacted and are on a modified traditional calendar. If you would like additional information, please call. Sincerely, Fred ag y PI ' ` g Analyst Lodi (209)331-7217 Stockton (209)953-8217 Impacted Schools in the City of Lodi 1991-92 School Year ELEMENTARY Beckman Heritage Lakewood Lawrence Nichols Reese Vinewood Washington MIDDLE Senior El HIGH Tokay High Lodi High Liberty High OTHER Washington DCH _xhibit "A•• H®d"1z unu led ap-clhool dUctn"et September 4,1991 Mr. Tom Peterson City Manaiger City cf Lodi 221 West Pine Street Lodi, CA 95240 - FACILITY PLANNING DEPARTMENT 1300 West Lodi Avenue, Suite S, Lodi, California 95242 Mailing Address: 815 West Lockeford Street, Lodi, California 95240 Re: 1991 Declaration of Impaction (S8 201 Developer Fee - Old Bedroom Tax) Dear Mr. Peterson: SEP 1 1991 Alft COMMUNITY ti DEVELOPMENT DEPARTMENT Transmitted herewith is a copy of Resolution 91-98 "Declaring Impacted school Attendance Areas" for the 1991-92 year. The District respectfully requests that the Chi of Lodi adopt a resolution declaring oonti mmd impaction in the Lodi UY fied School District and continuance of Ordinance No. The District intends to continuecollection of DeveloperFees for schools unde-the provisions of AB 2926; however, the District requests that the City of Lodi's authority tr) adllect the "old fee"ESB 201) be retainedt in the event the Distr or City cf Lodi areprecluded from collecting the "new fee." Approval of the annual resolution will maintain the "status quo" and result in no inL eased fees or changes in procedure. Thank you for your consideration. Attachment cc: JimSchroeder, Director of Community Development Dixon Flynn, Finance Director Lodi (209) 331-7217 Stockton (209) 953-8217 BEFORE THE BOARD OF TRUSTEES OF THE LODI UNIFIED SCHOOL DISTRICT OF THE COUNTY OF SAN JOAQUIN, STATE OF CALIFORNIA RESOLUTION 91-98 DECLARING CONTINUED CONDITIONS OF OVERCROWDING WHEREAS, the Lodi Unified School District will have 5.027 "unhoused" students by State de£initiert in the 1991-92 school year; and W H E R E A S . a formal request to each local agency is required annually in order to' continue the ordinances permitting collection of developer fees pursuant to SB 201; and WHEREAS, - such a continuance of authority is in the best interest of the District and the students and communities it serves. NOW, THEREFORE, BE IT RESOLVED that the District hereby requests that the City of Lodi, the City of Stockton, and the County of San Joaquin adopt resolutions declaring the following attendance areas within the Lodi Unified Schooi District as overcrowded for the purpose of maintaining the previously adopted developer fee ordinances pursuant to SB 201. BE IT FURTHER RESOLVED, that the District will not request the cities or county to collect developer fees under the provisions of ordinances pursuant to SB 201 unless the District is prohibited from coliecting directly under the provisions of curredt statues commencing with AB 2926. PASSED AND ADOPTED this 3rd day of September, 1991, by the following vote of the Board of Trustees of the Lodi Unified School District, to wit: AYES: Johnston, Souza, Heberle, Suess, Ball, Davis NOES: None ABSENT: Lynch Ann loh"toy,,41erk of the Board 'of T&Aees (2- Z— Q',:= Rick Souza, President of the e Board of Trustees i5.44.100 Chapter 15.48 SCHOOL FACILITIES DEDICATIONS Sections: .applicability. Article L General Provisions 15.48.010 Title and purpose. 15.48.020 Statutory authority 15.48.090 Conflicts.. 15.48.030 General plan Contents. conformance. 15.48.040 Regulation overcrowded school. promulgation. Article I1. Definitions 15.48.050 .applicability. 15.48.060 Developer. 15.48.070 Dwelling unit. 15.48.080 i'vtobilehome space. 15.48.090 School districts. 15.48.100 Conditions of Contents. Overcrowding. 15.48.110 Reasonable methods of overcrowded school. mitigating conditions of Residential development overcrowding. X10 15.48.120 Residential development Article Ill. Procedure and Requirements 15.48.130 Notice of overcrowding by school districts— Findings. 15.48.140 Notice of overcrowding by school districts— Contents. 15.48.150 Designation of overcrowded school. 15.48.160 Residential development approval—Findings required. 15.48.170 Residential development approval—Exemptions. 15.48.180 District schedule of use. 15.48.190 Land or fees— Preference of developer. 15.48.200 Land or fees — Determination. 15.48.210 Dedication. 15.48.220 Fee payment. 15.48.230 Amount required. 15.48.240 Use of land and fees. 15.38.250 accounting and report by school district. 15.38.260 Termination of requirements. 15.48.270 School capacity determination. .article 1. General Provisions 15.48.010 Title and purpose. The ordinance codified in thischapter shall be known as the '-school facilities dedication ordinance." The purpose of this chapter is to provide a method for financing interim school facilities neces- sitated by new residential developments t5.48.010 causing conditions of overcrowding. any employee. agent or independentcon- (Prior code § 19.4.1A) tractor. (Priorcode § 19A -2B) 15.48.020 Statutory authority— 25.48.070 Dwelling unit. Conflicts. "Dwelling unit" includes each single - This chapter is enacted pursuant to family dwelling and each unit of a multi - Chapter 4.7 (commencing with Section unit dwelling structure designed as a sep- 65970), of Division I of Title 7 of the arate habitation for one or more Government Code. In the case of any occupants. "Dwelling unit"also includes conflict between the provisions of this a new factory -built housing installed in chapter and those of Chapter 4.7. the accordance with Section 19960 et sec}. of latter shall prevail. (Prior code § 19A 2B) the Health and Safety Code of the state. (Priorcede§ 19A -2C) 15.48.030 General plan conformance. The city's general plan providesforthe 15.48.080 Mobile home space. location of public schools. interim school "Mobile home space" includes each facilities to be constructed from fees or space in a mobile home park designed to land required to be dedicated. or both, be used for parking a mobile home OR a shall be consistent with the general plan. temporary. semipermanent or perma- (Prior code § 19A IC) nent basis. (Prior code § 19A -2D) 15.48.040 Reguhtion promulgation. 15.48.090 Schooldistricts. The council may from time to time, by "School districts" includes all school resolution. issue regulations to establish districts located in wholeorin partwithin administration. procedures. interpreta- the city. (Priorcode § 19A 7F_) tion and policy direction fcr this chapter. (Prior code § 19A -1D) 15.48.100 Conditions of overcrowding. Article II. Definitions "Conditions of overcrowding" means that the total enrollment of a school. 15.48.050 Applicability. including enrollment from proposed Except where the context otherwise development. exceeds the capacity of requires. the definitions given in this arti- such school asdetermined by the govern- cle govern the construction of this chap- ing body of the district. (Prior code $ ter. 4 Prior code $ 19A -2A) 19A-217 15.48.060 Developer. 15.48.1 10 Reasonable methods of "Developer" includes even, person. mitigating conditions of firm. corporation. or other business overcrowding. entity constructing or installing s new "Reasonable methods for mitigating dwelling unit or mobile home space. conditions of overcrowding" include. either directly or through the services of but are not limited to: 311 15.48.110 A. Any agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development: B. The use of relocatable structures. student transportation and school boundary realignments: C. The use of available bond or state loan revenues to the extent authorized by law: D. 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 deter- mined by the governing body of affected school districts: E. Agreements between a subdivider or other developer ofresidentialdevelop- ments in the affected school district whereby temporary -use buildings will be Ieased to or for the benefit of the school district or temporary -use buildings owned by the school district will be used. (Priorcode § 19X2G) 15.48.120 Residential development "Residential development" means a project containing residential dwellings. including mobile hares. of one or more units. ora division of land forthe purpose of constructing one or more residential dwelling units. Residential development includes. but is not limited tc. a prelimi- nary or Final development plan. a sub- division tentative map. a parcel map. conditional use permit. or any other dis- cretionary permit for new residential dwelling use. (Prior code 3 19A-2 H) Article III. Procedure and Requirements 15.38.130 Notice of overcrowding by school disrricrs—Findings. The governingbody ofa school district 312 which operates. in whole or in part. within the city may at anytime. pursuant to Government Code Section 65971. notify the city council that it has found that: A. 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; B. A I I reasonable methods of mitigat- ing conditions of overcrowding have been evaluated; and C. No feasible methods for reducing such conditions exist. Such notification shall remain in effectuntil withdrawn in writing by the governing body of the school district_ (Prior code § 19A -3A) 15.48.140 Notice of overcrowding by school districts—Contents. The notice shallbe in writingand shall set forth the dear and convincing evi- dence upon which such findings are based. It shall specify: A. The findings listed in Section 15.48.130: B. The Findings offact and asummary of the evidence upon which the findings in Section 15.48.130 were based: C. The mitigation measures and methods. including those listed in Sec- tion 15.48.110. considered by the school district in any determination made con- cerning them by the district: D. The precise geographic boundaries of rhe overcrowded attendance area or areas: E. Such other information as may be required by council regulation. (Prior code 3 19A -3B) 15.48.150 Designation of overcrowded school. Upon receipt of a notice as described in Section 15.48.130. the city council shall schedule and conduct a public hear- ing on the notification for the purpose of allowing interested parties to comment 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. (Priorcode§ 19A -3C) 15.48.160 Residential development approvai—Findings required. Within the attendance area where it has been determined pursuant to Section 15.48.150 that conditions of overcrowd- ing exist. the city's planning agency shall not thereafter approve a residential development as defined in Section 15.48.200 unless the planning agency makes one of the following findings: A. That pursuant to this chapter. 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 B. There exist specific overriding Fiscal. economic. social or environmental factorswhich. in thejudgment of the city planning agency. would benefit the com- munity as a whole. therebyjustifying the approval of a residential development otherwise subject to the provisions of this chapter without requiring the payment of fees or the dedication of land or other 313 15.48.150 alternative provisions of this chapter. (Priorcode § 19A -3D) 15.48.170 Residential development approval—Exemptions. Residential developments shall be exempt from the requirements of this chapter when they consist only of the following: A. Any modification or remodeling of an existing legally established dwelling unit that does not create an additional dwelling unit: B. The propcsed development is located within a redevelopment area des- ignated by a redevelopment agency pur- suant to the Community Redevelop- ment Law, Health and Safety Code Section 33000: or C. A condominium project convert- ing an existing apartment building into a condominium where no new dwelling units are added: D. Any rebuilding of a legally estab- lished dwelling unit destroyed or damaged by fire. explosion. act of God or other accident or catastrophe: E. Any rebuilding of an historical building recognized. acknowledged and designated as such by the planning agency. (Prior code 3 19A -3E) 15.48.180 District schedule of use. Following the decision of the city to require the dedication of land or the pay- ment of fees. or both. the governingbody of the school district shall submit a sched- ule 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. 13.48.134 and the time when such facilities will be available. In the event the governing body of rhe school district cannot meet the schedule. it shall submit modifica- tions to the city council and the reasons for the modifications. (Prior code 19A -3F) 15.48.190 Land or fees—Preference of developer. At the time off ling an application for the approval of a proposed residential 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 or to pay a fee in lieu thereofor do acombination of these. If the applicant prefers to dedicate land. he shall describe the specific land. (Prior code § 19A -3G) 15.48.200 Land or fees— Determination. At the time of initial residential devel- opment or building permit approval. the planning agency shall determ i ne whether to require a dedication of land within the development. payment of a fee in lieu thereof or a combination of both. In making this determination. the agency shall consider the following factors: ,A_ Whether lands offered for dedica- tion will be consistent with the general plan: B. The topography, soils. soil sta- bilitv. drainage. access. location and gen- eral utility of land in the development available for dedication: C. Whether the location and amount 314 _­, 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 and/or high school facilities including ail mandated educational programs andwill be reason- ably it ated 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 dedi- cated E. If only a subdivision is proposed. whether it will contain fifty parcels or less. (Priorcode § 19A -3H) 15.48.210 Dedication. When the dedication of land is required. the developer shall makea writ- ten OfTer of dedication to the affected school district. which shall then have thirty days in which to formally 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 determine whether to assess fees in lieu of dedication or require the dedication of other land within the pro- posed development. if the school district takes no action within thirty days of receiving the written offer. such otTer shall be deemed to have been rejected. ( Prior code § 19.A-31) 15.48.220 Fee payment. If the payment of fees is required. such payment shall be made at the time the i building permit is issued. Only the pay- ment of fees may be required in subdivi- sions or developments containing fifty parcels or less. (Prior code § 19.4-3J) 15.48.230 Amount required. A. 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! and to be dedicated shall be consistent with the city's general plan. B. The council shall by resolution establish the amount of fees to be paid when required pursuant to the temis of this chapter. The rate for mobile homes l shall be established by dwelling unit. The rate for all other dwelling units shall be established on a per bedrom basis. Any room designed for sleeping which has a closet is a bedroom for the purposes of this chapter. The total land area required to be dedicated pursuant to this chapter shall be at least equal in monetary value to the fees which would be otherwise required. The planning agency shall determine and establish the monetary value of land area for the purposes of this section. (Prior code §§ 19A -4A, 19A -4B) 15.48.240 Use of land and fees. All land or fees. or both. collected pur- suant to this chapter and transferred to a school district shall be used only for the purpose ofproviding interim elementary or high school classroom or related facili- ties. (Priorcode§ 19A -5A) 315 15.48.220 15.48.250 Accounting and report by school district. Any school district receiving funds pursuant to this chapter shall remain a separate account for any fees paid and shall filea report with the city council on the balance in the account at the end of the previous fbml year and the facilities leased purchased, or constructed during the previous fiscal year. In addition. the report shall specify which attendance area will continue to be overcrowded when the fall term begins and where con- ditions of overcrowding will no longer exist. Such report shall be filed by August 1st of each year and shall be tiled more frequently at the request ofthe city coun- cil. (Priorcode § 19A -5B) 15-48.260 Termination of requirements. If overcrowded conditions no longer' exist. ;he city shall cease levying any fee or requiring the dedication of any land pursuant to this chapter. (Prior code § 19A -5C) 15.48.2 i0 School capacity determination. The governing body of each school dis- trict shall. no later than May 1st of each year. determine the capacity of each school in the district and project 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 avail- able to the public pursuant to the Public Records .act. The determination of capacity shall set forth the formulas or 1 5.48.270 other methods employed by the govern- ing body in making its determination. (Priorcode§ 19A -5D) Chapt 155_ C �� P CaR aiti' TPU ER CIPS .OtO- 15 ostil and 15. 0870 i s. 015.52. Drai—.S 15.52. 0 Water upply. 15.52.10 Remora of whee Fixing t *ler. 1 -2.110 Dogs at ! e. 15. x.120 ater closet —Bathi g fa .1ities. 1552. 0 Sol -waste rec tacles. 15.52.1 Slop inks - 15.52.15 Sewag disposal. 1552.160 Lightin t 52.170 lying or leeping in p cars trailers. 15. .180 Re ister to kept. 15.52.01 Definiti s. For the , urposes o this cha er. the foflFwing to s shall ha e the me Ings resp ctively as ribed to AM by thi c - tion k �. '�! amp cad," or "tra\e r" is ar1vK 316 vehicle used f living r steep g pur- poses d which 's equip ed with heels or simiI devices sed for a pure a of t ansport g the u 't from p ce to p ce. w ether v moti pow e or of r me ns. B. "Cam ound" any pl ce. area or tra of Ian pon wh his Coca ed any camp r or t iler use for tiv g or sleeping urpose (Prior c e § 6-1 1\52.020\ Applicability —\ T e provis ns of 's chapte shall be appli ble to very ca pground within the inc rporate area of a city. a it unlawf for an person maintai 'ng, operatin conduc 'ng or ca ing on y s h cam ound for ar person li in or sleeps gin an camp or traile I oca ed in .a ampgr nd or y other petro to vio to or c ntribute in any way t the viol ion of y of the rovi- sions o his eha er. (Pri code § 2) Beforeilding const cting any ca pgrou or an imp_ vements the on situs ed or to be situ ed. the own or part, intendi to ope to the same all first ply for d obmi such ..speci use pe it" or ther p it from th ity cou ' il. (Frio code -3) 1 "32.040 Permit applica n. ach app 'cation t r a use rmit to ape to shall a in wri 'ne. upon form prow ed by th city cou cil for th pur- pose. shall sta a the na a and a ress of the plicant d a des 'prion o he propert. whereon or wher 'n it is p - posed to nduct a ampgro nd. It sha RESOLUTION NO. 91-196 A RESOLUTTON OF THE LODI CITY CJOUNUL CONCURRING WITH THE FINDINGS OF THE LODI UNIFIED SCHOOL DISTRICT REGARDING IWACITON AND DECLARING A STATE OF INPACTION IN ATTENDANCE AREAS WITHIN THE DISTRICT WHEREAS, pursuant to C, dinance No. 1149, following receipt of the Declaration of Contin, -,ad Conditions of Overcrowding by the Lodi Unified School District dated September 3, 1991, the City Council conducted a public hearing on October 16, 1991 regarding the District's declaration for the purpose of allowing interested parties to comment on the matter; NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Coancil, following the receipt of testimony concerning the matter, does hereby concur with the findings of the Lodi Unified School District in declaring impaction in those school attendance areas shown on Exhibit A attached hereto, affected by current and proposed development plans, for the purpose of maintaining the previously adopted developer fee Ordinance 1149 pursuant to SB 201; and BE IT FURTHER RESOLVED, that the Lodi City Clerk is hereby directed to transmit -a certified copy of this Resolution to the Governing Board of the Lodi Unified School District. Dated: October 16, 1991 I hereby certify that Resolution No. 91-196 was passed and adopted by the Lodi City Council in a regular meeting held October 16, 1991 by the following vote: Ayes : Council Members - Pennino, Pinkerton, Sieglock, Snider and H i nchman (Mayor) Noes = Council Members - None Absent: Council Members - None CCS W- &"Le—& Alice M. Reimche City Clerk 91-196 RES91196/TXTA.02J impacted Schools in the City cf Lodi 1991-92 School Year---�- ELEMENTARY Beckman Heritage Lakewood Lawrence Nichols Reese Vinewood Washington MIDDLE HIGH OTHER Senior El Tokay High Lodi High Liberty High Washington DCH 4`r OF o NC -CE OF PUBLIC HEARING CITY ®F L V I Date: October 16, 1991 c�.ep�P CARNEGIE FORUM 305 West Pine Street, Lodi Time: 7:30 p.n). Por information regarding this Public Hearing Ptease Contact: Alice M. Reimche City Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING October 16, 1991 NOTICE B HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: a) The Lodi Unified School District 1991 Declaration of Impaction All interested persons are invited to present their views and comments on this matter. Written statements 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 someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Fine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: Alice M. Reimche City Clerk Dated: October 2, 1991 Approved as to form: `--� 0 Bobby W. McNatt City Attorney _CITY COUNCIL DAVIDM. HINCHMAN. Mayor JAMES W. PISRERTON. Jr. Mayor Pro Tempore PHILLIP A. PENNINO JACK A. SIECLOCK JOHN R. (Randy) SNIDER CITY OF LQDI CITY HALL. 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334.5634 FAX (209) 333-6795 October 18, 1991 Karen Manning Facility Planning Lodi Unified School District 815 W. Lockeford Street Lodi, CA 95240 Dear Ms. Manning: THOMAS A PETERSON City Manager ALICE M. REIMCHE City Clerk BOB MCNATT City Attorney Enclosed herewith please find certified copy of Resolution No. 91-196 entitled, "A Resolution of the Lodi City Council Concurring with the Findings of the Lodi Unified School District Regarding Impaction and Declaring a State of Impaction in Attendance Areas Within the District" which was adopted October 16, 1991 by the Lodi City Council following a public hearing regarding the matter. Should you have any questions, please do not hesitate to call this office. Very truly yours, Alice M. Reimche City Clerk AMR/Jmp Enclosure cc: James B. Schroeder, Community Development Director LMANNING/TXTA.02J