Chapter 18.10
REQUIREMENTS, STANDARDS AND PROCEDURES
Sections:
18.10.010 Payment of fees, dedication of land, or dedication of facilities.
18.10.020 Payment of fees in small residential developments.
18.10.030 Builder’s option to provide interim facilities.
18.10.040 Standards for imposition of requirements.
18.10.060 Amount of land to be dedicated.
18.10.080 Method of land dedication.
18.10.090 Return of dedicated land--Refund of fees.
18.10.100 Use of fees, land, and facilities.
18.10.110 Agreement for fee distribution.
18.10.120 Accounting and reports by school districts.
18.10.130 Termination of dedication or fee requirements.
18.10.010 Payment of fees, dedication of land, or dedication of facilities.
In an attendance area where the city council has concurred, as provided in Chapter 18.08, that overcrowding exists, the applicant seeking approval of a proposed residential development, as a condition of such approval or as a condition for the obtaining of a building permit, shall pay fees, make an equivalent arrangement in lieu thereof, dedicate land, dedicate facilities, or do a combination thereof, unless excepted as provided in subsection B of Section 18.08.040 in accordance with findings made by the decisionmaking body during the hearings and other proceedings on said application. Prior to the imposition of fees, the dedication of land, the dedication of facilities, or a combination thereof, it shall be necessary for the decisionmaking body to make the following determinations:
A. That the land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities;
B. That the facilities to be constructed, purchased, leased or rented from such fees or the land or facilities to be dedicated, or a combination thereof, are consistent with the general plan. (Ord. 242 §1(part), 1981).
18.10.020 Payment of fees in small residential developments.
Only the payment of fees shall be required in subdivisions containing fifty units, or less. (Ord. 242 §1(part), 1981).
18.10.030 Builder’s option to provide interim facilities.
In lieu of the payment of fees provided for in this chapter, the builder of a residential development may, at the builder’s option and at the builder’s expense, provide interim facilities owned and controlled by such builder, at the place designated by the school district. At the conclusion of the fifth school year the builder shall, at the builder’s expense, remove the interim facilities from such place. (Ord. 242 §1(part), 1981).
18.10.040 Standards for imposition of requirements:
Any requirement imposed pursuant to this title shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities and shall be reasonably related and limited to the need for schools caused by the development; provided, the fees shall not exceed the amount necessary to pay five annual lease payments for the interim facilities. (Ord. 242 §1(part), 1981).
18.10.050 Fee schedule.
Subject to the limitation set forth in Section 18.10.040, when fees are required by this title to be paid in lieu of the dedication of land or facilities, such fees shall be in the following amounts:
A; Three hundred fifty dollars per bedroom in excess of one bedroom per dwelling unit, not exceeding one thousand four hundred dollars;
B. Three hundred fifty dollars for each dwelling unit, space, or lot in a mobile home park;
C. No fee shall be charged for any residential unit, regardless of the number of bedrooms, which is within a planned development designed expressly for, and occupied exclusively by, persons who have attained the age of sixty years; provided, however, that if at any time such a housing development, or any part thereof, is converted to regular housing without an age requirement, then upon such conversion all dwelling units within the development shall be subject to payment of the fees provided for in this section;
D. Except as otherwise provided in subdivision B of this section, no fee shall be charged for any residential unit having only one bedroom; provided, however, that if at any time such unit is added to, remodeled or reconstructed to contain more than one bedroom, it thereupon shall be subject to payment of the fees provided for in this section. The above fees may from time to time be adjusted by resolution of the city council to reflect fluctuations in the cost of providing the school facilities. (Ord. 308 §1, 1985: Ord. 242 §1(part), 1981).
18.10.060 Amount of land to be dedicated.
The total land area required to be dedicated pursuant to this chapter shall be at least equal in monetary value to the fees which otherwise would be payable under the provisions of this chapter. (Ord. 242 §1(part), 1981).
18.10.070 Payment of fees:
If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued. Fees shall be held in trust by the city until transferred to the affected school district or districts. (Ord. 242 §1(part), 1981).
18.10.080 Method of land dedication:
When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the city subdivision ordinance. Land shall be deeded directly to the school district or districts under procedures adopted by the city council. (Ord. 242 §1(part), 1981).
18.10.090 Return of dedicated land--Refund of fees.
A. If a final subdivision map, a parcel map, or conditional use permit is vacated or voided, and the city still retains the land, and if the applicant so requests, the city council shall order such land returned.
B. If a residential development approval is vacated or voided, and if the city still retains fees collected therefor, and if the applicant so requests, the city council shall order the fees returned to the applicant. (Ord. 242 §1(part), 1981).
18.10.100 Use of fees, land, and facilities.
All fees, land, and facilities required under the provisions of this chapter which have been transferred to a school district shall be used by the district only for the purpose of providing interim elementary or high school classroom and related facilities, and each such transfer shall be made subject to that express condition. (Ord. 242 §1(part), 1981).
18.10.110 Agreement for fee distribution:
If two separate school districts operate schools in an attendance area where the city council concurs that overcrowding conditions exist for both school districts, the city council shall enter into an agreement with the governing body of each school district for the purpose of determining the distribution of revenues from the fees levied pursuant to this chapter. Until such agreement is reached, the city shall continue to hold the fees in trust pursuant to Section 18.10.070. (Ord. 242 §1(part), 1981).
18.10.120 Accounting and reports by school districts:
Any school district receiving funds pursuant to this title shall maintain a separate account for any fees paid to it, or funds realized by it from the disposition of land or facilities received, 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 area will continue to be overcrowded when the fall term begins and where conditions of overcrowding wiil no longer exist. Such report shall be filed by August first of each year and shall be filed more frequently at the request of the city council. (Ord. 242 §1(part), 1981).
18.10.130 Termination of dedication or fee requirements:
When it is determined by the city council that conditions of overcrowding no longer exist in an attendance area, the decisionmaking body shall cease levying any fee or requiring the dedication of any land or facilities pursuant to this chapter. (Ord. 242 §1(part), 1981).