1. The purpose of this subchapter is to provide methods of financing interim school facilities for elementary and high schools where it has been determined that conditions of overcrowding exist so that the impact of new residential developments on the school district will be mitigated.
2. The requirements of this subchapter shall not be interpreted as restricting or preventing the city from requiring additional fees, the dedication of real property and/or charges for school mitigation in the event the city deems it reasonable to do so following an environmental impact review of any given project as otherwise provided by law.

(1973 Code, § 9-4.2001) (Ord. 737, eff. 1-10-1979)

1. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   
   CONDITIONS OF OVERCROWDING. The total enrollment of an attendance area, including the enrollment from proposed developments, exceeds the capacity of the attendance area as determined by the governing body of the district.
   
   REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVERCROWDING. 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.
   
   RESIDENTIAL DEVELOPMENT. A project containing residential dwellings, including mobile homes, of 1 or more units or a subdivision of land for the purpose of constructing 1 or more residential dwelling units.
   
   YIELD RATE. The average number of students per residential unit within the several school districts, as determined by demographic studies conducted by the school districts and approved by the Council. A yield rate shall be provided by the school districts for each of the following classifications of residential units:
   1. Single-family residences;
   2. Duplexes;
   3. Apartment buildings (per apartment); and
   4. Mobile homes.
2. For the purposes of this section, CONDOMINIUM OR TOWNHOUSE UNITS shall be classified as apartment units.

(1973 Code, § 9-4.2002) (Ord. 737, eff. 1-10-1979)

1. The governing body of a school district which operates an elementary or high school shall notify the Council if the governing body makes a finding supported by clear and convincing evidence.
   1. Conditions of overcrowding exist in 1 or more attendance areas within the district serving the incorporated area of the city which conditions will impair the normal functioning of educational programs. The reason for such conditions existing shall be stated.
   2. All reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist. The notice of findings sent to the Council shall specify the mitigation measures considered by the school district. The mitigation measures to be considered by the school district shall include, but not be limited to the following:
      1. School bond elections and all other methods of financing available to the school district;
      2. Double sessions, adjustments by additional class hours per school day and revisions of school extracurricular activities and class schedules;
      3. Adjustments of school attendance boundaries;
      4. Adjustments in the cost of bussing students within the school district and to other school districts; and
      5. Interim reductions in school services and costs of administration.
2. With respect to each such mitigation measure considered, the district's findings shall state in detail how the mitigation measure was evaluated, why it is not feasible to utilize the mitigation measure, and why the mitigation measure, if used, would not serve to remove overcrowding as an impairment to the normal functioning of educational programs.
3. If the Council concurs in the findings of the school district, the provisions of this subchapter shall be applicable to actions taken on residential development in the affected attendance areas by the Commission, Planning Department, Building Department and Council.

(1973 Code, § 9-4.2003) (Ord. 737, eff. 1-10-1979)

Within the school attendance area where it has been determined, as provided in Cal. Gov't Code §§ 65970 et seq., that conditions of overcrowding exist, no rezoning of property to a residential use, application for a discretionary permit for residential use, or tentative major or minor subdivision map shall be approved within the area without the dedication of land or payment of fees as required in this subchapter, or unless the Council finds specific overriding fiscal, economic, social or environmental factors which, in the sole judgment of the Council, would benefit the city, thereby justifying the approval of a residential development.

(1973 Code, § 9-4.2004) (Ord. 737, eff. 1-10-1979)

In the event the Council does not grant a variance from the provisions of this article as provided by law, the following requirements and fees shall be met by all applicants seeking the rezoning of property to a residential use, applications for discretionary permits for residential use, or tentative major or minor subdivision maps within the city:

1. For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined necessary pursuant to Cal. Gov't Code §§ 65970 et seq., an applicant or subdivider shall be required to dedicate land, pay fees in lieu thereof or a combination of both as a condition of approval of a residential development, provided the applicable general plan provides for the location of schools, and the Council finds that the facilities to be constructed from the fees or the land to be dedicated, or both, is consistent with the general plan.
2. 1. A fee shall be paid for each unit of a residential development approved within an overcrowded attendance area.
   2. The fee shall be determined in the following manner: the actual cost per square foot of 1 portable classroom multiplied by 32, being the number of square feet actually required for each student using a portable classroom, multiplied by the yield rate for the attendance area shall equal the fee to be paid for each unit.
   3. This formula may be summarized as follows: cost of 1 portable classroom x 32 x yield rate = fee per unit square feet in classroom
3. 1. At the beginning of each fiscal year estimates shall be obtained for the price of a portable classroom for the upcoming school year, and, if necessary, adjustments shall be made in the formula to reflect the change in price.
   2. Whenever a school district determines, as a result of a demographic study or update of a demographic study, that there have been changes in the yield rates within the district, the district shall immediately notify the city of the changes, and, if approved by the Council, the formula for the district shall be adjusted to reflect the changes.
4. In subdivisions containing 50 parcels or less only the payment of fees shall be required. In larger subdivisions, the school district shall be consulted to determine whether a dedication of land should be required, taking into consideration whether the location and amount of land to be made available could be effectively utilized by the school district.
5. 1. If a dedication of land is required, the amount of fees to be paid under this section shall be reduced by an amount equal to the fair market value of the land dedicated.
   2. The value shall be the value of the land with subdivision improvements and shall be determined by an appraisal by the County Assessor's office.
   3. The balance of fees due, if any, shall be divided equally among all the units of the development.
6. The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities.
7. If the payment of fees is required, the payment shall be made at the time the building permit is issued.

(1973 Code, § 9-4.2005) (Ord. 737, eff. 1-10-1979)

1. 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 specifying how it will use the land or fees, or both, to solve the conditions of overcrowding.
2. 1. The schedule shall include the school sites serving residents within the city which will benefit from the funds made available, the classroom facilities to be made available, and the times when the facilities will be available.
   2. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the Council and the reasons for the modifications.

(1973 Code, § 9-4.2006) (Ord. 737, eff. 1-10-1979)

1. Any school district receiving funds pursuant to this section shall maintain a separate account for any fees paid 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.
2. 1. 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.
   2. The report shall be filed by August 1 of each year and shall be filed more frequently at the request of the Council.
3. Whenever a school district determines that conditions of overcrowding no longer exist in an attendance area, the district shall immediately notify the city of the determination.
4. 1. Thereafter, the city shall cease levying any fee or requiring any dedication of land within the attendance area pursuant to this section.
   2. Any remaining funds held by the school district, as a result of fees imposed under this section, shall be deposited in the Building Fund of the school district to be expended only for such purposes as agreeable to the Council.

(1973 Code, § 9-4.2007) (Ord. 737, eff. 1-10-1979)

Notwithstanding any other provision of this subchapter, the Council may approve a residential development without compliance with this subchapter if, in its sole judgment, there are specific overriding fiscal, economic, social or environmental factors associated with the development which would benefit the city and justify the approval.

(1973 Code, § 9-4.2008) (Ord. 737, eff. 1-10-1979)