The Council does hereby find and declare as follows:

   (a)   Adequate school facilities shall be available for children residing in new residential developments within the City.

   (b)   Public and private residential developments within the City require the expansion of existing public schools or the construction of new school facilities.

   (c)   Funds for the construction of new classroom facilities within the City are not available when new development occurs, resulting in the overcrowding of existing schools.

   (d)   New housing developments within the City cause conditions of overcrowding in existing school facilities which cannot be alleviated under existing law within a reasonable period of time.

   (e)   The General Plan of the City provides for the location of public schools.

   (f)   For the reasons set forth in this section, this chapter is enacted for the purpose of providing a new and improved method of financing for interim school facilities necessitated by new residential developments within the City.

(§ 1, Ord. 684-NS, eff. August 17, 1978)

   For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

   (a)   “Council” shall mean the City Council of the City of Thousand Oaks; provided, however, “Council” shall also mean the Planning Commission of the City if the function or activity to be performed has been delegated by the Council to the Planning Commission.

   (b)   “Conditions of overcrowding” shall mean that the total enrollment of a school, including the enrollment from a proposed development, exceeds the capacity of such school as determined by the governing body of the school district.

   (c)   “District” or “school district” shall mean the Conejo Valley Unified School District.

   (d)   “Dwelling unit” shall mean a building, or portion thereof, or a mobile home designed for residential occupation by one or more persons.

   (e)   “Residential development” shall mean 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 dwelling units. “Residential development” shall include, but is not limited to, a preliminary or final development plan, a subdivision tentative or final map, a parcel map, a conditional use permit, a building permit, or any other discretionary permit for a new residential use.

(§ 1, Ord. 684-NS, eff. August 17, 1978)

   For the purpose of establishing an interim method of providing classroom facilities where conditions of overcrowding exist, the City hereby requires the dedication of land, the payment of fees in lieu thereof, or a combination of both for classroom and related facilities for elementary, intermediate, or high school purposes as a condition to the approval of a residential development in accordance with the provisions of this chapter.

   The provisions of this chapter shall apply to all residential developments within the City. The Council, from time to time, by resolution, may adopt regulations to provide for the administration and implementation of this chapter.

(§ 1, Ord. 684-NS, eff. August 17, 1978)

   If the governing body of the district makes a finding supported by clear and convincing evidence that 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 that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists, the governing body of the district shall notify the Council of such findings. The notice of findings sent to the City shall specify the mitigation measures considered by the district and the reasons for their rejection. If the Council concurs in such findings, the Council shall not adopt an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes within such area unless:

   (a)   The dedication of land, the payment of fees in lieu thereof, or a combination of both for classroom and related facilities for elementary, intermediate, or high schools is imposed as a condition to the approval of a residential development; or

   (b)   The school district has entered into an agreement with the applicant of a proposed residential development, which agreement provides a feasible means for mitigating any aggravation of such conditions of overcrowding which would otherwise be caused by the proposed residential development; or

   (c)   The Council finds there are specific overriding fiscal, economic, social, or environmental factors which, in the judgment of the Council, would benefit the City, thereby justifying the approval of a residential development otherwise subject to the imposition of such a condition.

   The methods for mitigating the conditions of overcrowding which the district shall consider when making its findings required by this section shall include, but not necessarily be limited, to the following:

   (a)   Agreements between a subdivider and the district whereby temporary use buildings will be leased to the district or temporary use buildings owned by the district will be used;

   (b)   The use of relocatable structures, student transportation, and school boundary realignments;

   (c)   The use of available bond or State loan revenues to the extent authorized by law; and

   (d) 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 the district.

(§ 1, Ord. 684-NS, eff. August 17, 1978)

   Unless otherwise specifically excepted, every owner or developer of a residential development situated in or served by an attendance area with conditions of overcrowding shall dedicate land, pay fees in lieu thereof, or a combination of both for classroom and related facilities for elementary or high schools as a condition to the approval of a residential development.

   When a fee is required to be paid in lieu of land dedication, the amount of such fee shall be the sum of Two Thousand Two Hundred and no/100ths ($2,200.00) Dollars per pupil which, in either the current fiscal year or any one of the next succeeding four (4) fiscal years, will be expected to reside in the dwelling unit or units authorized by the proposed residential development permit and will be expected to enroll in a school or schools serving the attendance area in which such dwelling unit or units will be located. The amount of such fee per pupil, and the factor or criteria to be used in determining the estimated number of pupils expected to reside in the dwelling units authorized by the permit and expected to enroll in a school or schools serving the attendance area, may be determined and modified from time to time by resolution of the Council on the basis of evidence submitted to it by the school district and other interested parties.

   The minimum amount of land required to be dedicated pursuant to the provisions of this chapter shall be at least equal in monetary value to the fees which would be otherwise required by this section. The Council shall determine and establish the monetary value of land area for the purposes of this chapter.

   Only the payment of fees shall be required in subdivisions containing fifty (50) parcels or less.

(§ 1, Ord. 684-NS, eff. August 17, 1978)

   The procedure for determining whether the dedication of land, the payment of fees in lieu thereof, or a combination of both for classroom and related facilities for elementary, intermediate, or high schools as a condition to the approval of a residential development shall be as follows:

   (a)   Requests of owners. At the time of filing an application for a residential development, the owner of the property, as a part of the filing, shall state whether he desires to either dedicate land or pay a fee in lieu thereof. If he desires to dedicate land for such purpose, he shall designate the area thereof on the tentative tract map or the plot plan submitted.

   (b)   Action by City. At the time of the approval of such residential development, the Planning Commission or the Council, upon the advice of the district, shall determine, as a part of such approval, whether to require a dedication of land, the payment of fees in lieu thereof, or a combination of both for classroom and related facilities for elementary or high schools. Only the payment of fees shall be required in subdivisions containing fifty (50) parcels or less.

   (c)   Dedication procedures. Where dedication is required, the land shall be conveyed directly to the district in accordance with standard conveyance procedures as approved by the County Counsel and shall be recorded prior to the issuance of a building permit.

   (d)   In lieu fee procedure. When the payment of in lieu fees is required, such fees shall be deposited with the district, and a receipt therefor from the district shall be filed with the Community Development Department prior to the issuance of a building permit.

   (e)   Criteria for determinations. Whether the Planning Commission or the Council, upon the advice of the district, determines to require a dedication of land, the payment of an in lieu fee, or a combination of both shall be determined by consideration of the following criteria:

   (1)    The City’s General Plan;

   (2)   The topography, geology, access, and location of the land in the development available for dedication;

   (3)   The size and shape of the development and the land available for dedication;

   (4)   The location of existing or proposed classroom and related facilities for elementary or high schools within and adjacent to the attendance area of the development; and

   (5) The desirability of developing the land proposed for dedication as determined by a schematic site plan submitted by the owner or developer.

   The determination of the Planning Commission as to whether land shall be dedicated, or whether a fee shall be paid, or a combination thereof shall be final and conclusive, unless appealed to the Council, or unless the determination is made directly by the Council on a matter regarding which final discretionary approval is vested in the Council.

(§ 1, Ord. 684-NS, eff. August 17, 1978)

   The land or fees, or both, transferred to the district shall be used only for the purpose of providing interim elementary, intermediate, or high school classroom and related facilities. The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and shall be limited to the needs of the community for interim elementary, intermediate, or high school facilities and shall be reasonably related and limited to the need for school facilities caused by the development. The facilities to be constructed from such fees or the land to be dedicated, or both, shall be consistent with the City’s General Plan, and a finding to that effect shall be made by the Planning Commission or the Council.

   If conditions of overcrowding no longer exist, the City shall cease levying any fee or requiring the dedication of any land pursuant to the provisions of this chapter.

(§ 1, Ord. 684-NS, eff. August 17, 1978)

   Following the decision by the City to require the dedication of land or the payment of fees, or both, the governing body of the district shall submit a schedule specifying 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 district cannot meet the schedule, it shall submit modifications to the Council and the reasons for the modifications. The Council shall make a finding that the facilities to be constructed from such fees or the land to be dedicated or both, is consistent with the General Plan.

(§ 1, Ord. 684-NS, eff. August 17, 1978)

   The district receiving funds pursuant to this chapter shall maintain a separate unencumbered financial institution account for any fees paid and shall file an audited 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 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.

(§ 1, Ord. 684-NS, eff. August 17, 1978)