HomeMy WebLinkAboutOrd 1978-1783 . . . ,
Revised 1'2-28=77
ORDINANCE NO. 1783
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 17 .10 OF THE CHULA VISTA MUNICIPAL CODE
BY DELETING THEREFROM SECTION 17 .10 . 120 , RENUM-
BERING EXISTING SECTION 17 . 10 . 130 TO 17 .10 . 120 ,
AND ADDING A NEW CHAPTER 17 . 11 , ALL RELATING TO
THE PROVISION OF INTERIM SCHOOL FACILITIES
The City Council of . the City of Chula Vista does hereby
ordain as follows :
SECTION I : That Section 17 .10 . 120 of Chapter 17 .10 of
the Chula Vista Municipal Code be , and the same is hereby deleted,
and presently numbered Section 17 .10 . 130 be , and the same is hereby
renumbered to Section 17 . 10 . 120 .
SECTZON II : That a new Chapter 17 . 11 be , and the same
is hereby added to the Chula Vista Municipal Code , to be and to
read as follows : '
Chapter 17 .11 SCHOOL FACILITZES LAND DEDICATION
AND FEES
Sec . 17 .11 .010 Dedication of Land and Payment
of Fees for School Facilities .
Pursuant to the authority granted by Section 65970 ,
et seq. , of the Government Code of the State of California,
every subdivider, developer or person seeking rezoning,
shall, for the purpose of providing interim school
facilities reasonably benefiting and serving the residents
of the regulated subdivision of property to be developed,
dedicate a portion of the land or, in lieu thereof , , pay
a fee for each dwelling unit in the subdivision or dev-
elopment, or do both as required by this chapter . The
dedication or payment of fees in lieu thereof shall be
• applicable to all residential developments of any type
allowed under the various and several residential zones
of the City.
Sec . 17 .11 . 020 Purpose and Intent .
It is the intent of the City Council to implement
the provisions of Section 65974 of the Government Code
of the State of California to provide interim school
facilities through the dedication of land or payment of
fees in lieu thereof, as may be required by the Chula
Vista City School District or the Sweetwater Union
High School District. It is the purpose of the Council
to provide procedures and authority whereby the City of
Chula Vista, the affected school districts and applicants
for land development approvals, may undertake such
reasonable steps as would alleviate the overcrowding
of school facilities .
-1-
I
' Sec. 17 .11. 030 Findings and Declarations.
The City Council of the City of Chula Vista finds and
declares as follows :
- A. Adeguate school facilities should be available for
children residing in new residential developments.
B. Public and private residential developments may
require the expansion o£ existing public schools or
the construction of new school facilities ,
C. In many areas of the •City, the funds for the con-
struction of new classroom facilities are not available
when new development occurs, resulting in the over-
crowding of existing schools .
D. New housing developments £requently cause conditions
of overcrowding in existing school. facilities which
cannot be alleviated under existing law within a
reasonable period of time.
E. That, for these reasons, new and improved methods of
financing for interim school facilities necessitated
by new development are needed in the City of Chula
Vista.
Sec. 17. 11.040 Definitions.
A. "Conditions of Overcrowding" means �that the total '
enrollment of a school, including enrollment from
proposed development, exceeds the capacity of such
school as determined by the governing body of the
district:
B. "Dwelling Unit" means a building or a portion thereof,
or a mobilehome, designed for residential occupation
by one person or a group of two or more persons living
together as a domestic unit.
C. "Reasonable Methods for Mitigating Conditions o£
Overcrowding" shall include, but are not_ limited
to the following:
. 1. Agreements between a subdivider and 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.
2. The use o£ temporary portable classrooms , student
bussing, classroom double sessions , year-round
use of school facilities, school boundary re-
alignments , and elimination of low priority
school £acility uses.
-2-
, 1
y3.
i
3. The use of available annual tax rate and bond
revenues.
4. The use of funds which could be available from
the sale of surplus school district real property
• and funds available £rom any other sources.
D. "Residential Development" means a project containing
residential dwellings, including mobilehomes, of one
or more units or a subdivision of land. for the purpose
o£ constructing one or more residential dwelling units.
. Residential development includes , but is not limited
to, a preliminary or final development plan, a sub-
division tentative or final map, a parcel map, conditional
use permit, a building permit, and any other discretion-
ary permit for residential use.
- Sec. 17, 11.050 General Plan.
The General Plan 1990 of the City of Chula Vista has
heretofore been amended by Resolution Nos. 6671 and 6762
to require, under Part III thereo£, indicating the goals
of the Plan, the provision of adequate school facilities
in order to satisfy the educational needs for newly
developed areas in accordance with the level of educational
services as established by standards and criteria adopted
by the school districts operating within the City of
Chula Vista. Further, the General Plan, in Part IV thereof
carrying out the General Plan, establishes requirements
£or the regulation of rezoning, subdivision approval
and the granting of building permits to insure the adequacy
of public £acilities , including public schools . The General
Plan Map, as adopted by Resolution No. 5878, indicates
proposed locations £or elementary,� junior high and high
schools . Those interim school facilities to be constructed
from fees paid or those lands required to be dedicated
for the location of school facilities, as required pur-
suant to the procedures established by this chapter, shall
be consistent with the General Plan of the City of Chula
Vista.
Sec. 17 . 11. 060 Notification to School Districts.
The City shall notify each of the school districts of
a request for approval of any residential developments ,
except those categorically exempt, at the time any tenta-
tive map is submitted, rezoning, or discretionary permit
requested.
Sec. 17. 11.070 Overcrowded Attendance Areas - School
' District Findings . _
If the governing body of a school district which
operates an elementary, junior high or high school,
in the City o£ Chula Vista, makes a finding 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 function-
ing of educational programs including the reason for such
-3-
1�j�
( •
I
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 body of the school
district shall notify the City Council of the City of
Chula Vista. The notice of findings sent to the City
shall specify the mitigation measures considered by
the school district. After the receipt of any notice
of findings complying with this section, the Council
shall determine whether it concurs in such school
district findings. The Council may schedule and hold
a public hearing on the matter of its proposed concurrence
prior to making its determination. I£ the City Council
concurs in such findings, the provisions of Section
17 . 11. 090 shall be applicable to actions taken on resi-
dential development by such Council.
Sec. 17, 11. 080 Requirements of Notice of Findings.
Any notice of findings sent by a school district to
the City shall specify:
A. The findings listed in Section 17. 11. 070.
B. The reasonable mitigation measures and methods ,
including, but not limited to, those as defined
herein, considered by the school district and any
determination made concerning them by the district.
C. The precise geographic boundaries o£ the overcrowded
attendance area or areas.
D. Such other information as may be required by City
regulation. _
Sec. 17. 11.090 Approval of Residential Developments -
City Council Findings .
Within the attendance area where it has been determined
pursuant to Section 17. 11. 070 that conditions of over-
crowding exist, the City Council shall not approve an
ordinance rezoning property to a residential use , grant
a discretionary permit for residential use, which shall
include a building permit in accordance with the General
Plan of the City of Chula Vista except for those resi-
dential units categorically exempted herein, or approve
a tentative subdivision map for residential purposes,
within such area, unless the City Council makes one of
the following findings:
A. That action will be taken pursuant to this ordinance
to provide dedications of land and/or fees to mitigate
conditions of overcrowding, or
B. That there are specific overriding £iscal, economic,
social, or environmental factors which in the judgment
of the City Council would benefit the City, thereby
justi£ying the approval of a residential development
otherwise subject to the provisions o£ this ordinance
for dedications of land or fees.
u� -4-
I n
i
Sec. 17. 11.100 Re�uirement o£ Fees and/or Dedications .
For the purpose o£ establishing an interim method of
providing classroom facilities where overcrowding conditions
' exist as determined necessary pursuant to Section 17. 11.070 ,
the City may require the dedication of land, the payment
of fees in lieu thereof, or a combination of both, as
determined by the Planning Commission or the City Council
during the hearings for specific residential development
projects as a condition to the approval of a residential
developrtent. Prior to imposition of the fees or dedications
of land, it shall be necessary for the City Council or the
Planning Commission to make the following findings:
A. The General Plan provides for the location of public
schools.
B. The land or fees , or both, transferred .to a school
district shall be used only for the purpose of provid-
ing interim elementary, junior high or high school
classrooms and related facilities. _
C. The location and amount of land to be dedicated or
the amount o£ fees to be paid, or both, shall bear
a reasonable relationship and will be limited to the
needs of the community for interim elementary, junior
high or high school facilities and shall be reasonably
related and limited to the need for schools caused
by the development.
D. The facilities to be constructed £rom such fees or
the land to be dedicated, or both, is consistant with
the General Plan. �
Sec. 17. 11.110 Standards for Land and Fees .
A. General Standards - The general standard for the amount
of land or fees to be required, based upon the number
of dwelling units and bedrooms within said dwelling
units , shall be established by resolution of the City
Council of the City of Chula Vista after consultation
with representatives of the school districts which
have made the £indings reguired by Section 17. 11. 080
. for the first residential development project to be
processed after the effective date of this ordinance.
B. Specific Dedication or Fee Requirements - In each
case where necessary findings have been made and
concurred in by the City Council, the amount of land
or fees to be required may be modified from that
general standard approved by resolution of the City
Council upon a showing that the overcrowded conditions
are either more or less severe than those conditions
upon which the general standard has been formulated.
Sec. 17. 11. 120 Payment of Fees in Smaller Subdivisions .
Only the payment of fees shall be required in subdi-
visions containing fifty (50) parcels or less.
-5-
G�
f �
Sec. 17. 11. 130 School District Schedule .
Following the decision by the City to require the
dedication of land or the payment of fees , or both, the
� governing body of the school district shall submit a
schedule speci£ying how it will use the land or fees,
or both, to solve the conditions of overcrowding. The
schedule 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 body of the school district canhot meet
the schedule, it shall submit modifications to the• City
Council and the reasons for the modifications . .
Sec. 17. 11. 140 Application Filing.
At the time of filing an application for the approval
of a proposed residential development (rezoning, tentative
subdivision map or discretionary permit) located in an
attendance area where the findings required by Section
17 . 11.070 have been made, the applicant shall , as part
of such filing, indicate whether he prefers to dedicate
land for interim school facilities , or to pay a fee in
lieu thereof, or do a combination of these. If the
applicant prefers to dedicate land, he sha11 suggest the
speci£ic land.
Sec. 17 . 11. 150 Decision Factors.
At the time of initial residential development approval,
' the Planning Commission shall determine whether to require
a dedication .of land within the development, payment of
a £ee in lieu thereof, or a combination of both. In making
this determination, the Commission shall consider the
following factors:
A. Whether lands offered for dedication will be consistent
with the General Plan;
B. The topography, soils , soil stability, drainage ,
access, location and general utility of land in the
development available for dedication;
C. Whether the location and amount of lands proposed
to be dedicated or the amount o£ fees to be paid, or
both, will bear a reasonable relationship and will
be limited to the needs of the community for interim
elementary, junior high or high school facilities
and will be reasonably related and limited to the
�need for schools caused by the development;
D. If only a subdivision is proposed, whether it will
contain fifty (50) parcels or less .
-6-
I v3
Sec . 17 .11. 160 Land Dedication.
When land is to be dedicated , it shall be offered
for dedication as prescribed in the Subdivision Ordinance
for streets and public easements .
Sec . 17 .11 .170 Fee Payment. �
If the payment of a fee is required , such payment
shall be made at the time the building permit is approved
and issued.
Sec . 17 . 11 .180 Use of Land and Fees .
All land or fees , or both, collected pursuant to this
chapter shall be used only for the purpose of providing
interim elementary, junior high or high school classrooms
and related facilities .
Sec . 17 . 11 .190 Trust Land and Fees and Refunds
Thereof .
Land and fees shall be held in trust by the respec-
tive school districts until utilized in the attendance
area from which the land or fees were collected. If a
final subdivision map, a parcel map, conditional use
permit or development plan is vacated or voided , or if
, a building permit is cancelled or voided , and if the
applicant so reguests and the respective school dis-
tricts have not made use of the land or fees as pro-
vided herein, the Board of Trustees of the respective
school district may order the return of the land or
fees .
Sec . 17 .11 . 200 Agreement for Fee Distribution.
Where two 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 distribution of revenues from
the fees levied pursuant to this chapter.
, Sec . 17 .11 . 210 Fee Fund Records and Reports .
Any school district receiving funds pursuant to this
chapter shall maintain a separate account for any fees
paid and shall file a report with the City 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 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 lst of each year and shall be filed �
more frequently at the request of the City Council .
-7-
Sec. 17. 11. 220 Termination of Dedication Requirements .
When it is determined that' conditions of overcrowding
no longer eacist in an attendance area, the City shall
� cease levying any fee or requiring the dedication of any
land pursuant to this chapter for the area.
SECTION III : This ordinance shall become effective on
January 1, 1978 if passed by at least four (4) affirmative votes
of the City Council as an interim ordinance and an emergency measure.
Presented and Approved as to form by
. �
, George Lindberg, City Atto
r
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF '
CHULA VISTA, CAUFORNIA, ihis �rd doy of- January
197 8 , by ihe following vote, to—wit:
AYES� CounCilmen Hyde , Scott , Egdahl , Hobel Cox
NAYES� Councilmen None
ABSTAIN: Co�mcilmen None
�
ABSENT: Councilmen vone
W� �
Mayor of the City of hula Vista '
I '
ATTES .
City lerk
STATE OF CALIFORNIA )
' COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK ot ihe City ot Chula Vista, California,
DO HEREBY CERTIFY ihat the above and foregoing is a full, irue and correct copy of
,and that the same has not been amended or repealed.
DATED
(seal) City, Clerk
CC-66o � 783