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Ordinance Number 424a• r ORDINANCE NO. 424 IMPOSING CERTAIN FEES FOR INTERIM SCHOOL FACILITIES AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, ADDING ARTICLE 5 TO CHAPTER 2, TITLE 9 OF THE MUNICIPAL CODE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, IMPOSING CERTAIN FEES TO BE USED TO PROVIDE INTERIM SCHOOL FACILITIES TO RELIEVE CONDITIONS OF OVERCROWDING THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: RF.CTTnM 1. AAAifinn_ Article 5 is hereby added to Chapter 2, Title 9 of the Municipal Code of San Juan Capistrano to provide as follows: ARTICLE 5. School Fees. "Section 9-2.501. Application. "(a) If the governing board of a school district: "(1) Makes a finding in accordance with Government Code Section 65070 supported by clear and convincing evidence that (a) conditions of overcrowding exist in one or more of the attendance areas within the district which will impair the normal functioning of educational 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 exists; and, "(2) Notifies the City Council in writing of such findings and evidence and describes the precise geographic boundaries of the overcrowded attendance area or areas and the facilities to be constructed with any fees obtained pursuant to this Section; and, "(3) Specifies in writing mitigation measures considered by the governing board, such measures to include, but not be limited to, those enumerated in this Article; and, "(b) If the Council concurs in such findings and finds that the facilities proposed to be constructed are consistent with the General Plan, then the provisions of this Article shall be applicable to the attendance area or areas described in the governing board's resolution subject to the exceptions set forth herein. "Section 9-2.502. Definitions. "(a) "Governing Board" means the governing board of the Capistrano Unified School District. -1- 6 "(b) "Council" means the City Council of the City of San Juan Capistrano. "(c) "Attendance area" means the area established by a governing board within which pupils must reside to attend a particular school. "(d) "Reasonable methods for mitigating conditions of overcrowding" includes but is not limited to: "(i) Agreements between the governing board and subdivider whereby temporary use buildings will be leased to the governing board or temporary use buildings owned by the governing board will be used. "(ii) Double sessions. (iii) Relieving overcrowded school conditions by adjustment of attendance area boundaries. "(iv) Continuous school programs as authorized by Education Code Section 37600 and following. "(v) Use of available annual tax rate and bond revenues to the full extent authorized by law. "(vi) Full use of funds which could be available from sale of surplus school district real property and funds available from any other source. (e) "Residential development" means a project containing residential dwellings, including mobile homes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units. "(f) "Bedroom" shall mean any habitable room other than a kitchen, a dining room, a living room, or a bathroom. "Section 9-2.503. Fees Imposed. "(a) No building permits shall be issued for any residential development in any attendance area to which this Article is applicable until payment of the fees set forth herein has been received by the City. "(b) Fees shall be in the amount of $800.00 per student, not to exceed $1,200.00 per dwelling unit. "(c) The number of students per dwelling unit shall be computed as 1 per bedroom of each dwelling unit. "Section 9-2.504. Exemptions and Waivers. "(a) Notwithstanding any other provision of this Article, no fee shall be imposed upon residential developments in which the residence is enforceably restricted to adults. "(b) This Article shall not be applicable to those projects where building plans have been accepted for plan check by the Building and Safety Division of the Public Works Department prior to the effective date of this Article. (July 9, 19811. -2- (c) The Council may waive all or any part of the fees otherwise required by this Article where it finds that such fees do not bear reasonable relationship or will not be limited to the needs of the community for interim elementary or high school facilities caused by the development. The Council shall consider such waiver only when requested to do so by the proponent of the residential development project and only after giving at least ten days written notice to the governing board of its intention to consider a waiver. The governing board shall be heard on the question before the Council grants a waiver. No waiver shall be considered unless requested prior to application for building permits. "(d) This Article shall not apply to any residential development where the Council finds that there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the Council, expressed by resolution, would benefit the City to the extent that approval of such development without compliance with this Article is justified. "(e) In lieu of all or any part of the fees otherwise required by this Article, the proponent of residential development may agree to dedicate, by instrument acceptable to the governing board, real property to be used by the governing board to mitigate conditions of overcrowding. The value of such property shall be determined by the governing board and the party making the dedication and such value shall be reported to the Council in writing and the agreement of the owner and the governing board as to said value shall be acknowledged thereon. Said report shall also set forth the precise boundaries of the property to be dedicated and the territory, which may include all or parts of one or more attendance areas, for which the dedication is to be credited. Upon approval by the Council and, if the Council finds the site proposed to be dedicated to be consistent with the General Plan, the Council may approve the agreed value. In the event of approval, credit for such value against the fees otherwise required by this Article shall be given until exhaustion of such credit after which payment for such fees shall be required at the time of issuance of building permits. Said credit shall be applicable to any residential dwelling in the territory specified in the agreement. Any report to the Council pursuant to this Section shall be made before any fees have been received by the City for residential dwelling units in the territory described in the report. "Section 9-2.505. Schedule for Mitigation. "The governing board having jurisdiction over an attendance area which is subject to this Article shall submit a schedule specifying how it will use the fees required to solve the conditions of overcrowding. The -3- dc schedule shall be in accordance with the facilities described pursuant to Section 9-2.501 of this Article and shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing board cannot meet the schedule, it shall submit modifications to the Council and the reasons for the modifications. "Section 9-2.506. Accounting for Fees Received. "Any governing board receiving funds pursuant to this Article shall maintain a separate account for any such funds and shall file a report with the 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 reports shall specify which attendance areas will continue to be overcrowded 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 if requested by the Council. The Director of Administrative Services may, at any time, conduct an audit of the fees transferred to the governing board for the purpose of ascertaining whether or not such fees are being used for the purposes authorized by this Article. The governing board shall cooperate in such audit. tion 9-2.507. Termination of Application. "This Article shall cease to apply,to any attendance area upon a determination by the Council that conditions of overcrowding no longer exist. "Section 9-2.508 Changed Conditions. "If the severity of conditions of overcrowding in an attendance area increases after the governing board has given the Council the notice described in Section 9-2.501 and the governing board has determined that additional facilities beyond those described in said notice are necessary, said governing board may give additional notice to the Council in the manner provided in Section 9-2.501. Suchnoticeshall, in addition, describe the additional facilities for which fees under this Ordinance are desired. "Section 9-2.509 Transfer of Funds. "The City shall transfer fees received pursuant to this Article to the appropriate governing board within 60 days of receipt thereof. Said funds shall not be used by the governing board for any purpose other than mitigating conditions of overcrowding in the with the description submitted pursuant to Section 9-2.501. "Section 9-2.510. Administration. "This Article shall be administered by the Director of Administrative Services. The Director may, subject to approval of the Council, adopt rules, policies and procedures to implement this Article. -4- "Section 9-2.511 in Attendance Areas. 71 "If the boundaries of any attendance area to which this Article is made applicable are changed, the governing board shall immediately notify the Council, specifying both the new and old boundaries, and shall furnish such additional information in connection with such change as may be requested by the Council.-- SECTION ouncil." SECTION 2. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. SECTION 3. City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly -designated posting places within the City of San Juan Capistrano within fifteen (15) days after its passage. PASSED, APPROVED AND ADOPTED this 9th day of June 1 1981, by the following vote, to wit: AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer and Mayor Schwartze NOES: None ABSENT: None PHILLIP R. SCHWA TIE, ! ATTEST: CITY CLERF STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 424 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on June 2 1981, and adopted at a meeting held on June 9 , 1981 . (SEAL) R Y ANN HADffR, C TY LER -5-