HomeMy WebLinkAboutOrd. No. 1979-588x: ( V
' ~
+ .. ` .
..._
~ ~ I[
w .~1
` ~` .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
l6
I7
18',
19'
20
211
22
23
24.
25
26
I
27
281
.ORDINANCE. NO. 5sR
AN ORDINANCE OF THE CITY OF LAKE ELSINORE
RELATING TO DEDICATION OF LAND AND FEES
FOR SCHOOL FACILITIES
The City Council of-the City of Lake Elsinore, State of
California „does ordain as follows:
ARTICLE I
GENERAL PROVISIONS
SECTION 1.1 PURPOSE AND INTENT. This ordinance is adopted to
I implement school facilities land dedication and fee requirements in
the incorporated area of the City of Lake Elsinore, pursuant to the
provisions of Chapter 4.7 (Section 65970 et seq.) of Division 1 of
Title 7 of the Government Code. The City Council may, from time to
.time by resolution, issue regulations to provide for the administra-
tion of this ordinance.
SECTION 1.2 PRIOR AGREEMENTS. Any agreement existing, prior
to the effective date of this ordinance, between an applicant for a
residential development and a school district pertaining to the
dedication of land or payment of fees for school facilities to serve
the property which is the subject of the application, or any portion
thereof, shall be recognized by a decision-making body hereunder and
shall be ,considered by 9.t as satisfying the requirements of this
ordinance.
ARTICLE II
DEFINITIONS
SECTION 2.1 DEFINITIONS.
a) CONDITIONS OF OVERCROWDING means that the total enroll-
I
-1-
2
3
4
5
6
7
8
9
10
11
12
13
14
15~'~
16~i
1'7 ''
18
19
20
21
22
23
24~
25
26
27
28
ment of a school, including enrollment from a proposed development
exceeds the capacity of such school as determined by the governmen_
body of the school district. I
b) DECISION-MAKING BODY. means the City Council; Planning f
Commission; the Planning Director; the Director of Building and
Safety. 1
c) DWELLING UNIT means a building or a portion thereof, j
or .a mobilehome, designed for residential occupancy by one person
or a group of two or more persons living togetiier as a domestic unit.'
d) REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVER-
CROLVDING includes, but is not limited to, agreements between a sub-
divider or other developer of a residential development and an
affected school district whereby temporary-use buildings will be
1
leased to or for the benefit of the school district or temporary-u~ i
buildings owned by the school district will be used. i
e) RESIDENTIAL DEVELOPMENT means a project containing
residential dwellings, including mobilehomes, of one or more units,
or a decision of land for the purpose of constructing one or more
residential dwelling units. Residential development includes, but
is not limited to:
1) A general plan or specific plan, or amendment
thereto, which would allow an increase in residential density.
2) An ordinance rezoning property to a residential i
i
use or to a more intense residential use. ¢
a
I
3) A tentative or final subdivision map or parcel map,
-~
or a time extension for filing a final map;
4) A conditional use permit for a residential ~
development, including but not limited to, planned residential
--2- 1
f
t
1
~_- _ 2
3.
4
5
6
7
8
9
10
11
12
13
i
I 14
15
16
17
18
19'
20
21,
22 '
23
24
25
~_ ~ 26
27
2 £; I
developments and mobilehome parks;
5) A plot plan for any multi-family project;
6) A building permit;
7)., A mobilehome set-up permit;
8) Any other discretionary permit for residential use.
ARTICLE III
EXEMPTIONS
SECTION 3.1 EXEMPTIONS. A residential development shall be
exempt from the requirements of this division when it consists only
of any of the following:
a) The modification or remodeling of an existing dwelling
unit, provided no additional dwelling units are created;
b) The-rebuilding of a dwelling unit that is destroyed or
damaged, provided no additional dwelling units are created, or the
use of a temporary dwelling unit by residents of a damaged structure
that is being rebuilt;
c) The relocation of a mobilehome from one space in an
impacted school district to another location in .the same school
district;
d) The rebuilding of a designated historical building;
e) A development specifically limited to senior citizens ~
located in any zone, if and when adopted, and all development ~
constructed in a zone containing the "SCD" (Senior Citizen's
Development) suffix as part of its zoning designation, if and when
i
adopted, if the decision-making body finds the project will not
i
significantly impact the school system.
i
f) The conversion of an existing apartment building into a
planning residential development provided no new dwelling units are
-3-
S
~~
/'
r~ j ~t
~ v
' ~
1 created.
2 ARTICLE IV
3 FINDINGS OF OVERCROWDED ATTENDANCE AREAS
¢ SECTION 4.1 SCHOOL DISTRICT FINDINGS. If the governing body
5 of a school district, located partly or entirely within the incorpora-
6 ted area of the City of Lake Elsinore, which operates elementary,
'~ .junior high or high school facilities,~makes findings supported by
8 clear and convincing evidence that:
9 a) Conditions of overcrowding exist in one or more attend- '
10 ance areas, which conditions impair the normal functioning of
11 educational programs ,• including the reasons .for the existence of
7-2 such conditions;
13 b) That all reasonable methods, within established school
14~ district policies of mitigating conditions of overcrowding have b~ 1
15 evaluated and no feasible method for reducing such conditions exist;
16 the governing body of the school district shall notify the City
17 Council.
18 I SECTION 4.2 REQUIREMENTS FOR FINDINGS. A notice of findings
19 sent by a school district to the Council shall specify:..
20 a) The findings required. by Section 4.1, including the
21 factual basis and a sui*¢nary of the evidence upon which the findings
22 were based;
23 b) The mitigation measures and methods,. considered by
24 the school district;
25 c) .The precise geographic boundaries of the overcrowded
26 attendance area or areas:
f
27 d) Any agreements entered into by the school district
28 that would alleviate conditions of overcrowding caused by new
-4-
,...
1 residential development.
2 e) Such other information as may be required by a
3 regulation of the City Council.
`} SECTION 4.3 CONCURRENCE BY BOARD. If the City Council concurs
5 in the district's findings, the provisions of this ordinance shall
6 be applicable to actions taken on residential development applica-
7 tions by a decision-making body.
8 SECTION. 4.4 RESTRICTIONS ON APPROVAL OF RESIDENTIAL
9 DEVELOPMENT. Within any attendance area of a school district where
10 the Council has concurred that conditions of overcrowding exist,
l1 no decision-making body shall approve an application. for a residentia:
12 development within that attendance area,. unless the decision-making
13 body makes one of the following findings:
14' a) That action will be taken pursuant to .this ordinance to
15 provide dedication bf land or payment of fees to mitigate the
16 conditions of overcrowding within that attendance area;
17 b) That there are specific overriding fiscal, economic,
18I social or environmental factors which, in the judgment of the
19 decision-making body, will benefit the City, thereby justifying the
2p approval of a residential development,. otherwise subject to the
21 provisions of this ordinance without requiring dedication of land
22 or payment of fees.. .Overriding factors may include, but are not
23 I limited to, an agreement between the applicant for a residential
24 development and the school district to mitigate conditions of
25 overcrowding within an attendance area.
26I ARTICLE V
2''( REQUIREMENTS, STANDARDS AND PROCEDURES
i
2g SECTION 5.1 REQUIREMENTS OF FEES OR DEDICATION. In an attend-
.
_ -5-
1 ance area where the Council has concurred that conditions of over-
~_
2 crowding exist, an applicant for a proposed residential developmer;
3 shall, as a condition of approval of the development, dedicate land,.
4 pay fees, or both, as determined by the decision-making body having
S jurisdiction, during its proceedings on the application, provided they
6 decision-making body determines that the facilities to be constructed,'I
7 purchased, leased or Vented from such fees or .the land to be
$ dedicated, or both, is consistent with the General Plan.
9 - SECTION 5.2 REQUIREMENT FOR USE OF FEES OR DEDICATIONS.
10 a) The land or fees, or both, paid to a school district
11 1 shall be used only for the purpose of providing elementary, junior
~-2 high or high school classroom and related facilities as defined by
13, the governing body of the district;
14 b) The location and amount of land to be dedicated or tt~,
i
15 amount of fees to be paid, or both, shal l bear a reasonable
16 relationship and will be l imited to the needs of the community for
17 interim elementary, junior high or high school facilities and shall
18 ~ be reasonably related and limited to the need for schools caused by
19 I the development;
20~~ c) Only the payment bf fees shall be required in subdivis
21~; containing 50 parcels or less.
22 II SECTION 5.3 STANDARDS FOR LAND DEDICATION AND FEES. The
23 standards for the amount of land to be dedicated or fees to be paid
24 shall be established by the governing body of each school district
25 where a determination has been made that conditions of overcrowding
26I exist. The standards and supporting facts shall be transmitted to,'
27 the City Council. If the City Council has concurred that conditio~..~
281; of overcrowding exist, and also concurs in the standards, they shall
_ ~~ -6-
!~
f
1 be used by decision-making bodies to determine the dedication of
2 land or fees required as a condition to the approval of a residential
3 development. If the City Council does not concur with the standards
4 1 established by the school district for dedications and fees, it shall
5 adopt, by resolution, land dedication and fee requirements for those
6 areas., which shall be used by the decision-making bodies.
"( SECTION 5.4 FILING APPLICATION FOR RESIDENTIAL DEVELOPMENT.
g At the time of filing an application for approval of a residential
i
g development containing more than 50 parcels or dwelling units,
10 located within an attendance area where the Board of Supervisors has
111 concurred that. conditions of overcrowding exist, the applicant shall,
12 as .part of the application, indicate a preference to dedicate land,
~" 13 to pay fees in lieu thereof, or both. If the applicant prefers. to
I lg dedicate land, the application shall recommend the specific land;
15 however, the recommendation shall not be binding upon the decision-
16 making body or the governing body of the school district.
]_'~I SECTION 5.5 ACTION UPON APPLICATION.
lg a) Upon receipt of an application nor a residential
lg development within an attendance area where the City Council has
20 concurred that conditions of overcrowding exist, not including
21 applications for building permits or mobilehome set-up permits, the
22I~ Planning Director shall notify the affected school districts. at
23~ .least 30 days prior to consideration of the application by a decision-~
i
24 making body. The Planning Director may also notify school districts
25 of any other applications for residential developments that may
1
~ 26 affect the districts.
27 b) Upon receipt of an application for a building permit or
28 mobilehome set-up permit within an attendance area where the City
-7-
i
r.~x~; --~--
1 .Council has concurred that conditions of. overcrowding exist, r-~
2 ..The Building Director shall determine if specific dedication or feE i
3 requirements have been fixed for the development by a decision-making
4 body as part of the determinations on an application for approval of I
5 a development. If no specific requirements have been fixed for the {
- 55
6 development, the Building Director shall apply to the development thel
7 approved fees adopted pursuant to Section 5.3 of this ordinance.
8 SECTION 5.6 DECISION FACTORS.
9 ~ a) Upon receipt of notice from the Planning Director,
10 pursuant to Section 5.5 a) regarding an application for a residential
17 development, the governing body of the affected school district shall:
12 determine if it desires a dedication of land, payment of fees in lieu
13 .thereof, or a combination of both, and shall .transmit the .decision to
14 the Planning Director for submission to the appropriate. decision- '
15 making body. The request shall not exceed the, approved dedication andl
16 i fee stardards that are on file pursuant to Section 5.3. In the !
17 deliberations regarding the determination, the school district and,
i
I
18 ! thereafter,. the decision-making body shall consider the following
19I factors:
20~ 1) Whether lands offered for dedication will be ~
I
21 consistent with the City General Plan;
22 2) Whether the lands. offered for dedication meet the
23 criteria established by Education Code Section 34000 et seq.;'
24 I 3) The topography, soils, soil stability, drainage,
25 access, location and general utility of land in the develop-
26 ment available for dedication;
2q 4) Whether the location and amount of lands proposed~to ~
!
!
2g be dedicated or the amount of fees to be paid,. or both, 1
_ -8-
i - I
I ~ Y
t ~ I, ~
~I _ _ .1
1
2
will bear a reasonable relationship. and will be limited
to the needs of the community for interim elementary, junior
3 or high school facilities and will be reasonably related
¢ and limited to the need for schools caused by the develop-
5 ment;
6 5) If only a subdivision is proposed, whether it will
'~! contain 50 parcels or less.
i
8 b) Adecision-making body shall impose the requirements
9 transmitted by the school dis=rict, if they are in accordance with
10~ the standards approved pursuant to Section 5.3, unless the decision-
ll l ,making body finds there are overriding factors pursuant to Section
12~~ 4.4 b) in which case nothing herein shall prevent a decision-making
13'~ body from imposing lesser requirements than those transmitted by the
i"
I4 school district. A.determination by a decision-making body to impose
~_.. ~
15 lesser requirements shall be final only upon approval by the Board of
l6 1 Supervisors..
17~ c) If the school district has entered into an agreement
I
18 with an applicant for a residential development to mitigate conditions
•19 of overcrowding within the attendance area covered by the application,
20 the governing body shall, upon receipt of .notification from the
21 I Planning Director that an application for a residential development
I
22I has been filed, so advise both the Planning Director and the Director
23i~ of Building and Safety and transmit a copy of the agreement for sub-
2¢I mission to the appropriate decision-making body.
25 6 SECTION S.7 SCHOOL DISTRICT SCHEDULE. Following the action by
26j~ a decision-making body to require the dedication of land or the pay-
ment of fees, or both, the Planning Director shall notify each affect-~f.
27
2g~ ed school district. The governing body of the school district shall j
i~ -9-
1 submit a schedule specifying how it will use the land or fees, or
2 .both, to solve the conditions of overcrowding. The schedule shall
~ include the school sites to be used, the classroom facilities to be
4 made available, and the time when such facilities will be available. {~
5 In the event the governing body of the school district cannot meet 1
6 the schedule, it shall submit modifications to the City Council and {~
7~ the reasons for the modifications. t)`
8 SECTION 5.8 LAND DEDICATION. When land is to be dedicated, it
9 shall be deeded directly to the affected school district. If
_10 dedicated land is subsequently determined by the school .district to
11 i
be unsuitable €or school purposes, it may be sold at the option of
12 the school district, but the funds derived therefrom must be used in
13 accordance with this ordinance.
14 SECTION 5.9 FEE PAYMENT.
15I a) If the payment of a fee is required, it shall be paid
16 to the affected school district at the time the building permit is
17i issued,. unless payment is made earlier pursuant to agreement between ,I
18 :.the developer and the school district. The school district shall
19 provide the Director of Building and Safety with a statement that i
i
20 all dedication or fee requirements have been completed.
21 b) When application is made for a new building permit
22 following the expiration of a previously issued building permit for
23I~ which a fee has been paid, the fee shall not be required. i
24 SECTION 5.10 REFUNDS OF PAID FEES. If a residential develop-
25 ment approval is vacated or voided and if the affected school district,
i
26 still retains the land or fees collected therefor, and if the
i ~
27 applicant so requests, the governing body of the school district i
2g shall order the land or fees returned to the applicant.
-10- E
I
,;{
.: - ~=rte
.~ r
l
~
~ k
1
y ~
~
1
E
,
~ ~ ,
~ ,
-_
.
~...~,..w~~.. _~, .~y_ ,. .N:~. ....u~,_.... ,..~ ~ .x w.. ~~. ~ ~m: v ,. _as. .y , ~_K::. ..~_
. ~ _~ .~ ~ 1
1 ARTICLE v
2 USES AND LIMITATIONS ON USE OF LAND AND FEES
3 SECTION 6.1 USE OF LAND AND FEES. All land or fees, or both,
~ collected pursuant to this ordinance and transferred to a school
5 district shall be used only for the purpose of providing elementary,
6 junior high or high school classroom and related faciliites.
~ .SECTION 6.2 ANNUAL REPORT. Any school district receiving
$ funds or land, pursuant to this ordinance, shall maintain a
9 separate account for any fees paid and money received for disposition
10 ~ of land, and shall file a report with the City Council on the
11 ~ balance in the account at the end of the previous fiscal year and
12 the facilities leased, purchased or constructed during the previous
fiscal year.
-- 13I
' In addition, the report shall specify which attendance areas
j 14
will continue to be overcrowded when the fall term beings and
15
16 where conditions of overcrowding will no longer exist. Such report
17 shall be filed more frequently at the request of the City Council.
lgl SECTION 6.3 TERMINATION OF DEDICATION AND FEE REQUIREMENTS.
19 When it is determined by the City Council that conditions of over-
crowding no longer exist in an attendance area, which includes
20
21 incorporated territory of the City, decision-making bodies shall.
cease levying any fee or requiring the dedication of any land for
22
that area pursuant to this ordinance. Action under this section
23
24~~ shall not affect the validity of conditions already imposed for
levy of fees and dedications of land and such conditions shall
_ 25
'i remain binding..
j 26
27 /// ///
gal /// /i/
-11-
i
1 SECTION 7. This ordinance shall take effect 30 days after , ~'
2 its adoption and shall be published as required by law. ~-~
3 Passed, approved and adopted this 26th day of March, 1979.
4
5 CITY COUNCIL OF THE CITY OF LAKE ELSINORE
6
~ By: s/Nap Y,arris --
9
'10 i Attest:
11
12 Florene Marshall
13 I ~
14 /
s
Florene Marshall
..City Clerk
15
16
~ (Seal)
17
18
19
20 j
21
22
23
24 i
I
25
26 ~
27
28
._
Mayor
-12-