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Home My WebLink About30 - Ordinances ORDINANCE NO. 30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING FOR FINANCING OF INTERIM SCHOOL FACILITIES. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1. Authority. This Ordinance is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970) to the provisions of Division 1 of Title 7 of the Government Code. SECTION 2. Purpose. The City Council of the City of Rancho Cuca- monga, California, hereby finds and declares as follows: (a) Adequate temporary school facilities should be available for pupils caused by new residential developments. (b) New residential developments may require the ex- pansion of existing public schools or the construction of new school facilities. (c) New residential developments frequently cause con- ditions of overcrowding in existing school facilities which cannot immediately be alleviated by school districts under existing capital funding laws. (d) The public health, safety and welfare require a new method of financing for interim school facilities to alleviate conditions of overcrowding in the public schools caused by new residential developments. SECTION 3. Definitions. (a) The term "developer" includes every person, firm, corporation, or other business entity constructing or installing a new dwelling unit or mobile home space, either directly or through the services of any employee, agent, or independent contractor. (b) The term "dwelling unit" includes each single family dwelling and each unit of a multiple unit dwelling structure designed as a separate habitation for one (1) or more occupants. The term '~dwelling unit" also includes new factory-built housing installed in accordance with Section 19950, et seq., of the Health and Safety Code of the State of California. (c) The term "mobile home space" includes each space in a mobile home park designed to be used for parking a mobile home on a temporary, semi-permanent or permanent basis. (d) The term "school districts" includes all school districts located in whole or in part within the City of Rancho Cucamonga, California. (e) "Conditions of overcrowding" means that the total projected enrollment of a school during the eighteen (18) months following occupancy of the proposed development exceeds the capacity of each school as determined by the district's reasonable class size formulae and specific classroom use designated by the district for the particular year of the report as defined in Section 4 of this Ordinance. In no case shall the capacity so computed exceed the design capacity of the school as determined by the State Bureau of School Facilities Planning. (f) "Reasonable methods for mitigating conditions of overcrowding" shall include, but are not limited to, concepts such as: (1) Any agreement entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential developments. -2- Ordinance No. 30 (2) The use of relocatable structures, student transportation, and reasonable school boundary realignments. (3) The use of available bonds or State loan re- venues to the extent authorized by law. (4) 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 determined by the governing body of ~he affected school districts. (5) Agreements between a subdivider or other de- veloper of residential developments in the affected school district whereby temporary use buildings will be leased to the school district or temporary use buildings owned by the school district will be used. The developer will pay the cost of relocation of temporary buildings owned by the school district. (6) Elimination of non-instructional use of classrooms. (g) "Residential development" means a project containing residential dwellings, including mobile homes, of one (1) or more units or a subdivision of land for the purpose of constructing or locating thereon one (1) or more residential dwelling units. SECTION 4. Notification of Conditions of Overcrowding. The governing body of a school district which operates, in whole or in part, within the City of Rancho Cucamonga, California, may, at any time pursuant to Government Code Section 65971, notify the City Council that conditions of overcrowding exist in one (1) or more attendance areas within the district. Such notice of findings shall be in writing and shall set forth the clear and convincing evi- dence upon which such findings are based and shall include the reasonable mitigating solutions considered. Evidence of continued overcrowding shall be verified for the City Council in the annual audit report as defined in Section 11 of this Ordinance. SECTION 5. Concurrence by City. After receipt of any notice of findings complying with the requirements of Section 4, the City Council, if it concurs with such school district findings, shall do so by resolution. SECTION 6. Findings for Development Approval. Within an attendance area, where the City Council has concurred in a school district's notice of findings that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within such area and no building permit for a dwelling unit shall be issued unless the City Council makes one (1) of the following findings: (a) That pursuant to this Ordinance, provision has been made for payment of fees or some other provision has been agreed upon by the applicant for a residential development and the school district to mitigate the conditions of overcrowding within that attendance area; or, (b) That there are specific, overriding physical, economic, social, or environmental factors, which, in the judgment of the decision-making body, would benefit the City, thereby justifying the approval of a residential development otherwise subject to the provisions of this Ordinance without re- quiring the payment of fees or other alternate provision required by this Ordinance. SECTION 7. Payment of Fees. In an attendance area where the City Council has concurred that overcrowding exists, the applicant of a proposed residential development, as a condition of approval, or the obtaining of a building permit, shall pay fees, an equivalent arrangement in lieu thereof, or do a combination thereof unless excepted as provided in Section 6, subsection (b), as determined by the City Council during the hearings and other proceedings on specific residential development applications. Prior to the imposition -3- Ordinance No. 30 of the fees, it shall be necessary for the City Council to make the following determination: That the interim facilities to be constructed, leased, or rented from such fees, are consistent with the general plan. SECTION 8. Amount of Fees and Time of Payment. (a) When fees are required by this Ordinance, such fees shall be $700.00 per single family dwelling unit, or $350.00 per mobile home space or each unit of a multiple unit dwelling structure which contains two (2) or more bedrooms. Any room designed for sleeping which has a closet, is a bedroom for the purposes of this Ordinance. (b) When fees are required by this Ordinance, such fees shall be paid at the time the building permit is approved and issued. Fees shall be held in trust by the City of Rancho Cucamonga, California, until transferred to the affected school district or districts. SECTION 9. Refunds. If a residential development approval is vacated or voided, and if the City still retains the fees collected there- for, and if the applicant so requests, the City Council shall order the fees returned to the applicant. SECTION 10. District Schedule. Following the decision of the City Council to require the payment of fees, the governing body of the school district shall submit a proposed schedule in accordance with Government Code Section 65976. Such schedule shall specify how the district will use the fees to solve the problems of overcrowding. The schedule shall state: (a) The classroom facilities to be obtained; (b) The location of the classrooms; and, (c) The times such classrooms will be available. If the district cannot meet the schedule, it shall submit the modifications and the reasons therefor to the City Council. SECTION 11. Accounting. Any school district receiving funds pur- suant to this Ordinance shall maintain a separate accounting for any fees paid and shall file a report with the City Council on the balance of 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 areas will continue to be over- crowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1 of each year and shall be filed more frequently at the request of the City Council. SECTION 12. Use of Fees. Ail fees collected pursuant to this Ordinance and transferred to a school district shall be used only by the district for the purpose of providing interim classroom and related facilities. SECTION 13. Agreement for Fee Distribution. If two (2) 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 will enter into an agreement with the governing body of each school district for the purpose of determining the division of revenues from the fees levied pursuant to this Ordinance. SECTION 14. Termination. When it is determined by the City Council that conditions of overcrowding no longer exist in an attendance area, the City Council shall cease imposition of any requirements under this Ordinance. SECTION 15. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be valid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining -4- portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one (1) or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. APPROVED AND ADOPTED this 21st day of June, 1978. /~ity of Rancho Cucamonga ATTEST: City Clerk