O 181 C.S.
ORDINANCE NO. 181 C.S.
AN ORDINANCE OF 'i'HE CITY OF ARROYO GRANDE
NIENDING THE ARROYO GRANDE I1fJNICIPAI, CODE
BY ADDING CIIAPTER () 'ra TITLE 3 OF TIlE ARROYO
GRANDE ~1UNICIPAL CODE '1'0 PHOVIDE FOR A SCHOOL
FACILITIES FEE OR DEDICNrION ORDINANCE
THE CITY COUNCIL OF TIlE CITY OF ARROYO CHANDE DO!:''' o'mAIN A"
FOLLOWS: . ,,0. u
SECTION 1: '['itle 3 of the Arroyo Grande Municipal Code is
hereby amended by adding Chapter 6 thereto to read as follows:'
Sec. )-6.01. This Chapter shall be known and may be cited as
the "School Facilities Fcc/Dedication Ordinance".
Sec: ~-6.02. Authority. This Chapter is adopted pursuant to
t~e.p:ov~s~ons ?f Chapter 4.7 (commencing with Section 65970) of
D~v~s~on 1 of T~tle 7 of the Government Code.
Sec. )-6. ?). ~urp?se. . The purpose of this Chapter is to provide
a m7thod,for f~nanc~ng ~nter~m school facilities necessitated by new
res~dent~al developments causing conditions of overcrowding.
Sec. )-6.04. Regulations. The City Council may, from time to
time, by resolution, issue regulations to provide for the administration
and implementation of this Chapter.
Sec. )-6.0~. General Plan. The City of Arroyo Grande General
Plan provides for the location of public schools. Where facilities
are to be constructed from fees required to be paid or from land
required to be dedicated hereunder, or both, they shall be consistent
with the General Plan.
Sec. )- 6.06. Conditions ot" overcrowdinq. "Conditions of over-
crowding" means that the total enrollment of an attendance area's
school or schools, including enrollment from proposed development,
exceeds the capacity of such school or schools within the attendance
area, as determined by the governing body of the school district in
accordance with standards established in the Education Code.
Sec. )-6.07. Dccision-making body. "Decision-making body" means
the City Councilor their designee. '
, Sec. )-6.08. Dwelling unit. "Dwelling unit" means a building or
portion thereof, or a mobile home, designed for residential occupation
by one person or a group of two or more persons living together as a
domestic unit.
Sec. )-6.09. Reasonable methods for mitigating conditions of
overcrowding. "Reasonable methods for mitigating conditions of over-
crowding" shall include, but arc not limited to, concepts such as:
(a) Any agreements entered into by the affected school
district which would allcvi.<1tc conditions of over-
crowding caused by new residential development;
(bl The use of relocatablc structures, student transportation,
and school boundary realignments;
(c) The use of available bond or state loan revenues to the
extent authorized by law;
Id) The use of funds which could be available from the sale
of surplus school district real property and funds ,
available from other appropriate sources, ~s d7term~ned
by the governing body of affected school d~str~cts;
(e) Agreements between a subdivider or other develope: of,
residential developments in the affected school d~str~ct
whereby temporary-use buildings will be leased to or for
the benefit of the school district or temporary-use
buildings owned by the school district will be used.
(6/78)
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Sec. 3-6.10. Residential development. "Residential development"
means a project containing residential dwellings, including mobile
homes, of one or more units, or a division of land for the purpose of
constructing one or more residential units. Residential development
includes, but is not limited to, a preliminary or final development
plan, a subdivision tentative or final map, a parcel map, conditional
use permit, a building permit, or any other discretionary permit for
any residential use.
Sec. 3-6.1]. Findings and notice. Pursuant to r,overnment Code
Section 65970 et seq., the governing body of a school district may make
a finding supported by clear and convincing evidence th~t:
(a) Conditions of overcrowding exist in one or more attendance
areas within the district which will impair the normal
functioning of educational programs, including the reason
for such conditions existing; and
(b) All reasonable methods of mitigating conditions of over-
crowding have been evaluated; and
(c) No feasible method for reducing such conditions exist.
Upon making these findings, the school district must
provide the city with written notice of its findings
as provided in Section 3-6.12.
Sec. 3-6.12. Findings - requirements. Any notice of findings
sent by a school district to the city shall specify:
(a) The findings listed in Section 3-6.11; and
(b) Findings of facts and a summary of the evidence upon
which the findings iri Section 3-6.11 were based; and
(c) The mitigation measures and methods, including those
listed in Section 3-6.09, considered by the school
district in any determination made concerning them
by the district; and
(d) The precise geographic boundaries of the overcrowded
attendance area or areas; and
(e) Such other information as may be required by council
regulation.
Sec. 3-6.13. Concurrence by city. After receipt of any notice
of findings complying with the requirements of Section 3-6.12, the counci],
if it concurs with such school district findings, shall do so by resolution
Sec. 3-6.14. Findings for development approval. Within an
attendance area, where the council has .concurred in a school district's
notice of finding that conditions of overcrowding exist, no decision-
making body shall approve an application for a residential development
within such area, unless such decision-making body makes one of the
following findings:
(a) That pursuant to this ordinance, provision has been made
for payment of fees, dedication of land, or both, or some
other provision has been agreed upon by the applicant for
a residential development in the school district to miti-
gate 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 develop-
ment otherwise subject to the provisions of this ordinance
without requiring the payment of fees or the dedication
of land or other alternate provision required by Sections
3-6.15, .16, .17 and .18.
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Sec. 3- 6.15. Payment of fees, dedication of land. In an
attendance area where the council has concurred as provided in
Sections 3-6.11 , .12, .13 and .14 that overcrowding exists, the
applicant of a proposed residential development, as a condition of
approval, or the obtaining of a buildin'J permit, sha 11 pay fees, make
an equivalent arrangement in lieu thereof, dedicate lund, or do a
combination thereof, as set forth in Section 3-6.18 hereof, unless
, excepted as provided in Section 3- 6 . 14 , subsection (b) , as d('termined
by the decision-making body dur~ng the hearings and other proceedings
on specific residential development applications falling within their
respective jurisdictions. Prior to the imposition of the fees, or the
dedication of land, or both, it shall be necessary for the decision-
making body acting on the application to make the following determina-
tion: Tha t ,the facilities to be constructed, purchased, leased, or
rented from such fees or the land to be dedicated, or both, e]re con-
sistent with the general plan.
Sec. 3-6.16. Payment of fee,s in small residential developments.
Only the payment of fees shall be required in subdivisions containing
50 parcels, or less, or other developments containing 50 units, or less.
Sec. 3-6.17. Standards for fees or land. Any requirement imposed
pursuant to this ordinance shall bear 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 limi ted
to the need for the schools caused by the development.
Sec. 3- 6 . 18 . Amount of fees or land.
(a) When fees are required by this division to be paid in
lieu of land dedication or as a combination, or both,
such fees shall be, and paid as follows:
(i) $500.00 per dwelling unit in other than mobile
home park.
(ii) $300.00 for each dwelling unit, space, or lot
in a mobile home park.
(b) The standards for the amount of dedicated land required
shall be recommended by the governing board of each
school district where a determination has been made
pursuant to Section 3-6.12 that conditions of overcrowding
exist. Such standards and facts supporting them shall be
transmitted to the city council. If the city council
concurs with such standards, they shall, until revised,
be used by decision-making bodies in situations where
dedications of land are required as a condition to the
approval of a residential development. Nothing herein
shall prevent the city council from establishing and
using standards other than those established by the school
district in the event that the council does not concur
in those transmitted by the district.
Sec. 3- 6.19. Fee required. 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 ci ty until transferred
to the affected school district or districts; provided that such fees
shall be transferred to the school districts within thirty (30) days
of the receipts hereof.
Sec. 3-6.20. Land dedication. Lund sh,,1l be deeded or dedicated
directly to-the schi)c;1--iJi"st';:::Cct6r dic;tricts under procedures adopted
by the city.
Sec. 3- 6 . 21. Refunds.
(a) If a final subdivision map, a parcel map, or conditional
use permit is vacated or voided, and the city or school
district sti 11 retains the land, and if the applicant
so requests, such land shall be returned to the applicant.
(b) If a residential development approval is vacated or voided,
and if the city or school district sti 11 retains the fees
collected therefor, and if the applicant so requests, such
fees shall be returned to the applicant.
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Sec. 3-6.22. School district's schedule. Following concurrence
by the council pursuant to Section 3-6.13, the council sha 11 notify
each school district affected thereby. The governing body of the
school district shall then submit by August 1 of each year a schedule
specifying how it will use during this school year the fees or land,
or both, and how fees or land, or both, have been used in the previous
school year, to solve the conditions. of overcrowdinq. The schedule
shall include the school sites to be used, the cli:uJ~.;room facilities
to be made available, and the lime when such facilities will be availublc'.
In the event the governing body of the school district cannot meet the
schedule, it shall submit modifications to the city council and the
reasons for the modifications.
Sec. 3- 6 . 23 Use of fees and land. 1\11 fees or land, or both,
collected pursuant to this chapter and transferred to a school district,
shall be used only by the district for the purpose of providing interim
elementary or high school classroom and related facilities.
Sec. 3-6.24. Agreement for fee distribution. If two separate
school districts operate sChools-rroan-uttendance area where the council
concurs that overcrowding conditions exist for both school districts, the
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 Sections 3-6.23, .24, .25 and .26.
Sec. 3- 6.25. Account. Any schoo] district receiving funds or land
pursuant to this chapter shall maintain a separate account for any fees
paid and disposition of land received, and sha 11 file a report with the
council on the balance and account at the end of the previous fiscal
year and the facilities leased,purchased or constructed during the
previous fiscal year. In addi tion, the report 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 at the request of the council.
Sec. 3-6.26. 'I'ermination of dedicatio!:'-92:..,Jee r<:.quirements.
When it is determined by the city council that conditions of overcrowdinq
no longer exist in an attendance area, decision-making bodies shall ceuse
imposition of any requirements under this chapter.
SECTION 2: Operative Date. This Ordinance shall be operative
upon the date that the County of San Luis Obispo and the cities of
Grover City and Pismo Beach have each adopted a similar ordinance
providing for a school facilities fee or dedication ordinance which
p:r:ovides for a fee or a dedication of land in amounts equal to or
greater than provided for herein, for all areas within the Lucia Mar
Unified School District that are not within the city limits of the
City of Arroyo Grande.
SECTION 3 : Inasmuch as this Ordinance relates to taxes and the
usual and current expenses of tbe City pursuant to Government Code
Section 36937 (d), it shall be. in full force and effect immediately
after its passage, and within fifteen (15 ) days after its passage
it shall be pUblished once, together with the names of the Councilmen
voting thereon, in the Five Cities Times-Press Recorder.
On motion of Council Member de Leon, seconded by Council Member Smith and on
the following roll call vote, to wit:
AYES: Council Members de Leon, Smith and Mayor Pro Tern Gallagher
NOES: Council Member Pope
ABSENT: Mayor Millis
the foregoing Ordinance was passed and adopted this 27th day of June, 1978. .
ATTEST~l~ ,:;I- ~ ~l 7IIatt!~2!v~
CITY CLERK
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