HomeMy WebLinkAboutORD NO 2780ORDINANCE NO. 2780 NEW SERIES
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD ADDING CHAPTER 15.70 TO
TITLE 15 OF THE BAKERSFIELD MUNICIPAL CODE
RELATIVE TO SCHOOL FACILITIES.
WHEREAS, conditions of overcrowding exist in several
school districts in the City of Bakersfield within the boundaries
of which rapid residential development is taking place or is
about to occur, and the financial and other resources of such
school districts are not adequate to mitigate such conditions of
overcrowding; and
WHEREAS, such residential development will increase the
student population of such school districts, thereby intensifying
such conditions of overcrowding, and will result in further over-
crowding of school rooms; and
WHEREAS, the health and safety of students in such
schools are threatened by conditions of overcrowding in class-
rooms; and
WHEREAS, it is necessary to enact this ordinance for
the purpose of implementing the provisions of Section 65970 et
seq. of the California Government Code, to provide a method for
financing interim school facilities, and to put it into immediate
effect for the earliest possible relief of the conditions afore-
mentioned and the maximization of revenue for such purposes.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of Bakersfield as follows:
SECTION 1.
Chapter 15.70 is hereby added to Title 15 of the
Bakersfield Municipal Code to read as follows:
Chapter 15.70
SCHOOL FACILITIES
Sections:
15.70.010
15.70.(]20
15.70.030
Purpose.
Definitions.
Adoption of Findings
Governing Board.
of Overcrowding by
15.70.040
15.70.050
15.70.060
15.70.070
15.70.080
15.70.090
15.70.100
15.70.110
15.70.120
Hearing, Notice, Findings and Fee Setting.
Conditions for Approval of Residential
Development in Overcrowded Attendance
Areas.
Dedication of Land In Lieu of Payment of
Fees Procedure.
Use of Fees or Land for Interim Facilities.
Provision of Interim Facilities In Lieu of
Fees.
Report by School District.
Amendments to Fee Schedules.
Agreement Between Overlapping School Districts.
Termination of Dedication or Fee Requirements.
15.70.010 Purpose. The purpose of this Chapter is to implement
the provisions of Government Code Section 65970 and following, as
they exist at the time of the adoption of this Chapter and as
they may be amended or added to in the future, and to provide
method for financing interim school
new residential development
school facilities.
15.70.020 Definitions.
causing
As used
facilities necessitated by
overcrowding of existing
in this Chapter:
A. "Governing board" means the governing board of any
school district which operates a high school or elementary school
and whose territory lies in whole or in part within the city
limits.
B. "Attendance area" means the area established by a governing
board within which pupils must reside to attend a particular
school.
C. "Conditions of overcrowding" means that the total en-
rollment of a school or schools serving a particular attendance
area, including enrollment from proposed development, exceeds the
capacity of such school or schools as determined by the governing
board.
D. "Reasonable methods for mitigating conditions of overcrowding"
shall include, but are not limited to, agreements between a
subdivider and the governing board whereby temporary-use buildings
will be leased to the school district or temporary-use buildings
owned by the school district will be used.
E. "Residential development" means a project containing
residential dwellings, including mobilehomes, of one or more
units or a subdivision of land for the purpose of constructing
one or more residential dwelling units.
"Residential development" does not include the following:
1. Any modification or remodel of an existing dwelling
unit where no additional dwelling unit is created.
2. The conversion of an existing apartment building
into a condominium or stock cooperative where no new dwelling
unit is created.
3. Rebuilding of a dwelling unit destroyed or damaged
by fire, flood, explosion, act of God or other accident or
catastrophe.
4. Any residential complex which is maintained as
exclusively senior citizens housing.
F. "Approval of a residential development" means any or all
of the following:
1. Adoption of an ordinance rezoning property to
residential use.
2. Granting a building permit or any discretionary
permit for residential use.
3. Approval of a tentative subdivision map for residential
purposes.
G. "Dwelling unit" means a building, or portion thereof, or
a mobilehome, designed for residential occupancy by one person or
a group of two or more persons living together as a domestic
unit.
15.70.030 Adoption of Findings of Overcrowding by Governing
Board. If a governing board makes findings supported by clear
and convincing evidence that: (a) conditions of overcrowding
exist in one or more attendance areas within the district which
will impair the normal functioning of education programs including
the reason for such conditions existing; and (b) that all reasonable
methods of mitigating conditions of overcrowding have been evaluated
and no feasible method for reducing such conditions exist, the
governing board shall notify the City Council. The notice of
findings shall specify the mitigation measures considered by the
governing board. The notice shall include a map showing the
overcrowded attendance area or areas and shall specify the fees
which the governing board requests be imposed upon applicants for
approval of residential developments within the overcrowded
attendance area or areas and the method(s) used to calculate the
amounts thereof.
15.70.040 Hearing, Notice,
sixty (60) days of receipt of
Findings and Fee Setting. Within
notice of the findings of the
the City
the
governing hoard, complete with supporting documentation,
Council shall hold a public hearing on the findings and
requested fees and land dedications.
A. Notice of the time and place of the public hearing
referred to in subsection B. hereof shall be given at least ten
(10) days before the hearing in the manner following:
]. Such notice shall be given by publication once in a
newspaper of ge;]era] circulation, published in the City and
circulated in the school district, or if there is none, then in a
newspaper of general circulation published and circulated in the
City.
2. By mailing a copy of such notice to the governing
board of the school district.
3. By mailing a copy of the notice to the Planning
Director.
4. By mailing a copy of such notice to any person who
may file a request in writing therefor with the Planning Director
or the City Clerk and who shall furnish therewith an envelope
addressed for such purpose with postage prepaid.
5. Any notice required to be mailed may be given by
personal delivery, in lieu of mailing.
B. Such notice shall also identify the school district, and
generally describe the boundaries of the attendance area or areas
in question, and shall refer to the notice of findings of the
governing board of the school district and state when and where
the same may be examined by any interested person.
C. If, at the conclusion of the public hearing the City
Council determines that:
1. It concurs in the governing board's findings of
overcrowding, and
2. The general plan provides for the location of
public schools, and
3. The proposed fees and land dedication requirements
bear a reasonable relationship to and will be limited to the
needs of the community for interim school facilities and are
reasonably related and limited to the need for school facilities
caused by the residential developments on which they will be
imposed, then the remaining provisions of this Chapter shall
apply to the approval of residential development within the
attendance areas in which there are conditions of overcrowding.
The City Council shall, by resolution, establish the fees and
land dedication requirements which shall thereafter be imposed as
a condition of approval of residential development.
D. If the City Council does not concur with the amount of
fees to be paid or land to be dedicated requested by the governing
board, it shall, by
amount (or location)
that requested.
E. Within ten (10)
resolution, adopt such amount of fees or
of land as it may deem proper in lieu of
days after conclusion of the hearing,
the City Council shall declare its decision and any findings in
such matter. The City Clerk shall mail a copy of the resolution
or order of the City Council and findings to each person to whom
notice of the hearing was required to be mailed under this Section.
15.70.050 Conditions for Approval of Residential Development
in Overcrowded Attendance Areas. The City Council shall not
approve any residential development to which its above findings
apply, unless either:
A. The City Council, upon application by a developer of
residential property and after notice and public hearing, has
determined that there are specific overriding fiscal, economic,
social or environmental factors which, in its judgment, would
benefit the City and justify the approval of a particular residential
development without the mitigation of the impact of that develop-
ment upon overcrowded schools, or
B. The ap~licant for rezoning or subdivision approval has
furnished a signed written agreement with the governing board
promising to pay the required fees prior to issuance of a building
permit (which fees shall be those in effect, if any, as of the
date of issuance of the building permit), and an applicant for a
building permit has furnished evidence of payment of the required
fees to the gow~rning board, or
C. An applicant for approval of a residential development
has furnished evidence, in the fo~m of a signed written agreement
with the governing board, that the applicant has paid or promised
to pay, and the governing board has accepted or promised to
accept, fees, to be used exclusively for capital expenditures,
in mitigation of the impact of proposed residential development
on the school district in lieu of fees otherwise required under
this Chapter or Section 65970 et seq. of the California Government
Code. Fees paid or promised under the alternate provisions of
this subparagraph shall not exceed the fees which would otherwise
be required pursuant to the resolution of the City Council.
15.70.060 Dedication of Land in Lieu of Payment o~ Fees Procedure.
A. Upon request of the ~overning board, the City Council
shall impose as a condition of approval
containing more than fifty (50) parcels
to the governin~ board a parcel of land
classroom facilities, whose location is
of a residential development
that the applicant dedicate
to be used as a site for
consistent with the City
General Plan. Except as may otherwise be agreed between the
school district and the subdivider, the fair market value of land
so dedicated shall not exceed the amount of fees which would
otherwise be paid for approval of residential development of the
dedicated parcel to the high density of any other portion of the
applicant's residential development.
B. In case land is dedicated in connection with approval of
a subdivision, the fair market value of the land at the time of
such approval shall be established by agreement between the
governing board of the school district and the subdivider, and
the amount thereof shall be reported to the Planning Director;
and if they cannot agree, they shall report that fact to the City
Council, which shall establish such fair market value after a
public hearing, noticed as provided in Section 15.70.040.
C. The Planning Director shall ascertain the amount of
fees which are, or would be, payable as a condition to approval
of the subdivision under the standards adopted by the City Council.
D. Except as may otherwise be agreed between the school
district and the subdivider, if the fair market value of the
land, as determined under paragraph B. of this Section, exceeds
the amount of fees ascertained under paragraph C., at such time
as approval of the tentative map and the acceptance of the dedication
have both been completed, the school district shall pay the
subdivider the smount by which such fair market value exceeds the
amount of such fees so ascertained.
E. If the school district pays the subdivider the amount of
the excess mentioned in paragraph D. of this Section, the amount
to be credited to each lot in the subdivision shall be based on
the amount ascertained under paragraph C. of this Section, instead
of the fair market value of the land.
F. If the fair market value of the land, as determined
under this Section, is equal to or less than the amount ascertained
under paragraph C. of this Section, the amount of such value
shall be credited to the respective lots in the subdivision.
G. The provisions of this Section shall also apply in case
land is dedicated in connection with approval of a mobilehome
park, in which case references to "subdivision" shall mean "mobile-
home park" and references to "lots" shall mean "mobilehome sites."
H. If land is dedicated to a school district for a fixed or
ascertainable term, there shall be established under this Section
the fair rental value of a lease of such land for such term, and
the amount so established shall be applied in lieu of "fair
market value" wherever mentioned in this Section.
I. At any City Council hearing for the purpose of establishing
fair market value of land, as mentioned in paragraph B., the City
Council shall consider the reports of three (3) appraisers, one
(1) to be selected by the school district, one (1) to be selected
by the subdivider, and one (1) to be selected by the two (2)
selected by the district and the subdivider. The fees and expenses
of such appraisers shall be divided equally between and paid by
the school district and the subdivider, and in any case the City
shall not be liable therefor.
15.70.070 Use of Fees or Land for Interim Facilities. Fees
or land provided pursuant to Section 15.70.040 of this Chapter
shall be used only for the purpose of providing interim classroom
facilities. The fees established by resolution of the City
Council shall not exceed the amount necessary to enable the
district to make five (5) annual lease payments for temporary
classroom and toilet facilities, including related expenses to
make them ready for the instruction of children.
15.70.080 Provision of Interim Facilities in Lieu of Fees. A
builder of a residential development who would otherwise be
required to pay fees to a school district pursuant to Section
15.70.040 of this Chapter may, at his or her option and sole
expense, provide interim facilities owned or controlled by the
builder at a place designated by the governing board. These
facilities shall be installed prior to or,
board's option, within ninety (90) days of
permits to the developer and shall remain
at the governing
the issuance of building
in place for' five (5)
complete school years. After the fifth year, the facilities
shall be removed, and the school district's property restored, at
the builder's sole expense.
15.70.090 Report by school District. The governing board
shall file with the City Council not later than Octobsr 15 of
each year an account of the following:
A. The amount of fees received by the governing board in
the preceding fiscal year (July 1 through June 30).
B. The facilities leased, purchased or constructed during
the previous fiscal year and the amount expended for the facilities.
C. The attendance areas which will continue to be over-
crowded in the current school year, and those which are no longer
overcrowded.
D. A schedule specifying how the governing board will use
fees or land acquired pursuant to this Chapter to relieve overcrowding,
the sites to be used, the facilities to be acquired and the times
when the facilities will be available.
15.70.100 A~endments to Fee Schedules. On request of a
governing board, and following a public hearing held within
sixty (60) days of the receipt of that request, the City Council
shall consider .~djusting the fee schedule applicable in any
attendance area to reflect new information provided by the governing
board on the fees necessary to alleviate overcrowding caused by
new residential development in that attendance area.
15.70.110 Agreement Between Overlapping School Districts.
Where two (2) separate school districts operate schoo]~s in an
attendance area where overcrowding conditions exist for both
school districts, the City Council shall enter into an agreement
with the governing board of each school district for the purpose
of determining the distribution of revenues from the fees.
15.70.120 Termination of Dedication or Fee Requirements.
A. If overcrowding conditions cease to exist in any attendance
area of a school district as to which fee or land dedication
requirements have been imposed pursuant to this Chapter, the
governing board of the district shall promptly adopt a resolution
so finding and send a certified copy of it to the City Council.
B. When it is determined by the City Council theft conditions
of overcrowding no longer exist in an attendance area, whether or
not such determination follows a resolution by the governing
board as provided in subsection A. of this Section, the requirements
of this Chapter shall cease to apply therein.
SECTION 2.
This ordinance is necessary for the preservation of
health and safety and shall become effective immediat.ely upon
its passage.
......... o0o .........
I HEREBY CERTIFY that the foregoing ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 29th day of September , 1982, by
the following w)te:
CITY CLERK an~ Ex Officio Clerk of the
Council of the City of Bakersfield
A~PR~V'-~ this 29Ch day of~.S~Ptember,
( .;/, .... , . ~ .///
~AYOR ~d~he~Ci~y~of Bakersfield
APPROVED as to ~orm=
CITY ATTOR~Y ' y
1982
AJS:mm/bl
8/5182
8/18/82
9/21/82
10.
Aff auil of osllng ®r inan es
STATE OF CALIFORNIA, t
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and quaiffied City Clerk of the City of Bakersfield; and
September 30 82
that oa .............................................................................., 19 ............he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on _._.S_?l~..~...e....m....b....e....r...2..~ ...................................19.....8-...2.., which ordinance
was numbere&_.._.?.ZS~0 .........................New Series, and entitled:
AN EMERGENCY ORDINANCE OF THE COUNCIL OF
THE CITY OF BAKERSFIELD ADDING CHAPTER 15.70
TO TITLE 15 OF THE BAKERSFIELD MUNICIPAL (;ODE
RELATIVE TO SCHOOL FACILITIES.
y ~lerk
Subscribed and sworn to before me this
30th da f September -- 82
........... y 0 ................j~ ..............................., i~ .........