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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~ .........