Item 4 - Ord 184AML
AGENDA REPORT-
CITY OF POWAY
TO: Honorable mayor and Members of the City Council
FROM: James L. Bowersox, City Mana
INITIATED BY: Marjorie K. Wahlsten, City Cler -M
DATE: February 11, 1986
SUBJECT: Ordinance No. 184 - Second Reading
On December 17, 1985, the City Council introduced and had the first ,reading on
Ordinance No. 184 - "An Ordinance of the City of Poway, California, Repealing
Chapters 16.26 through 16.34 of the Poway Municipal Code and Adopting
Regulations Implementing the ,Educational Facilities Section of the Public
Facilities Element of the General Plan and Requiring a Written Certification
from the School District Prior to the Approval of;Proposed.Land Developments."
Second reading of this ordinance was continued so that a joint meeting of
the City Council and the Poway Unified School District Board of Education could
be held in order to discuss the collection of fees to-mitigate the impact of
residential development on schools. This meeting was held on February 6, 1986,
which was after the deadline for this agenda preparation.
FINDINGS
It is in order to have the second reading and adopt this Ordinance.
It is recommended that following the joint meeting of the City Council and Board
of Education, if the Council desires to adopt: 1) read title and waive further
reading of the ordinance by unanimous vote; and 2), pass motion closing public
hearing and adopting, roll call vote, incorporating any mutually acceptable
amendments.
JLB:MKW:ml
Attachment:
1) Ordinance
ACTION• Ado ted dinance No. 184.
Jo ibert, Deputy City Clerk
1 of FEB 11 1986 ITEM 4
0
ORDINANCE NO. 184
0
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
REPEALING CHAPTERS 16.26 THROUGH 16.34
OF THE POWAY MUNICIPAL CODE AND
ADOPTING REGULATIONS IMPLEMENTING THE - EDUCATIONAL
FACILITIES SECTION OF THE PUBLIC FACILITIES ELEMENT OF
THE GENERAL PLAN AND REQUIRING A WRITTEN
CERTIFICATION FROM THE SCHOOL DISTRICT
PRIOR TO THE APPROVAL OF PROPOSED LAND DEVELOPMENTS
WHEREAS, Government Code Sections 65970 -65981 provide one method of
collecting fees for school facilities to alleviate - conditions of overcrowding;
and,
WHEREAS, the fees levied pursuant to Government Code Sections 65970 -65981
may only be used for temporary facilities, and the school districts with juris-
diction within the city limits of the City of Poway have identified substantial
long term impacts which result from increased enrollments as new development
occurs within the City of Poway (hereinafter City); and,
WHEREAS, for the foregoing reasons, Government Code Sections 65970 -65981
are inadequate to fully address the needs of the school districts in the desire
to mitigate the problems caused by the inadequacy of school facilities resulting .
from new development in the City; and,
WHEREAS, the General Plan for the City of Poway declares that it is essen-
tial that adequate school facilities either exist or be assured prior to the
approval of land development projects; and,
WHEREAS, the City Council has determined that the health, safety, and
welfare of the citizens of :Poway require the adoption of: the following regula-
tions to assist the school districts in accomplishing the goal of providing ade-
quate school facilities for the proper education of the children of the City of
Poway.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Poway as
follows:
Chapters 16.26 through 16.34 are hereby repealed.
Chapter 16.26 is adopted as follows:
CHAPTER 16.26
SCHOOL DISTRICT FEES
SECTION 16.26.010 PURPOSE
It is the, intent of the City Council, in enacting this Ordinance, to ensure
that adequate school facilities are available through the payment of finan-
cial assistance or dedication of land as may be required by the school
district pursuant to the general police powers given to the City by the
2 of 7 i FEB i t 1986 ITEM 4
0 0
Ordinance No. 184
Page 2
California Constitution, Article X1, Section 7. It is the purpose of the
City Council to provide procedures and authority whereby the City, the
affected school district, and applicants for: land use approvals, may take
reasonable steps to meet the impact of new development within the City.
Furthermore, it is the intent of the City Council in enacting this Ordinance
to establish requirements which must be met before the City Council will
find that the Poway General Plan has been satisfied.
SECTION 16.26.020
For the purpose of this Ordinance, the following definitions shall apply:
A. "Developer" means any person, firm, or corporation applying for a land
use approval from the City of Poway.
B. "Land Use Approval" means any discretionary action by the City of Poway
constituting a prerequisite to land development, including but not
limited to:
1. The approval of a tentative parcel map for residential lots.
2. The approval of a tentative subdivision map for residential lots.
3. The approval of a conditional use permit for group residential or
senior citizen housing which allows increased residential density.
4. The approval of a development review plan for one or more new
residential units including single family- homes, mobile homes, and
multiple family developments pursuant to Chapter 17.52 of the
Zoning Development Code of the City of Poway.
C. "School district" means the Poway Unified School District or other
affected political subdivision or district serving the primary and
secondary educational needs of the citizens of Poway.
D. "School facility" means land, buildings, equipment and planning
therefor.
E. "School Project List" means a list of school facilities adopted by the
school district and City Council.
SECTION 16:26.030 GENERAL PLAN
The General Plan of the City of Poway provides as an objective, that land
use should not overburden the ability of the school district to provide a
consistent level of quality education to community residents. Further, the
General Plan establishes as a policy that the City shall not approve any
3 of 7
FEB 11 1980 ITEM 4
0
0
Ordinance No. 184
Page 3
land use that will cause increased enrollment beyond a school's design capa-
city as determined by the school district, and that the City shall assist
the school district in the collecting of fees to acccmodate enrollment
growth as a result of new development proposal. The General Plan indicates
the locations of existing and proposed, schools. Those school facilities to
be constructed from fees paid, as required pursuant to this Ordinance, shall
be consistent with the General Plan of the City of Poway.
SECTION 16.26.040 USE OF FEES
All fees paid pursuant to this Ordinance shall only be used for school
facilities, which are reasonably related to the need for school facilities
caused by development. It is recognized that in order to mitigate the
enrollment impact resulting from new residential development the construc-
tion of school facilities may be required outside the city limits of the
City of Poway. Until, however, lease,.purchase or construction is completed
of all of the facilities described on the School Project List adopted by the
school district and by resolution of the City Council as of the effective
date hereof, not less than thirty percent (308) of all fees collected pur
suant hereto shall be allocated exclusively for the lease, purchase or
construction of facilities described on said School Project List.
SECTION 16.26.050 SCHOOL DISTRICT CERTIFICATION - LAND USE APPROVALS
All applications for land use approval shall be required to include a
written certification from the school district stating whether that district
will or will not be able to provide adequate facilities to the development
concurrently with need. If the school district determines that it will not
be able to provide such facilities, it shall include an explanation of its
reasons for that determination, and a description of measures either under-
taken or planned, which are deemed necessary in order to provide adequate
school facilities.
Any such application shall not be deemed complete without the required
written certification.
SECTION 16.26.060
SCHOOL DISTRICT
After the school district has issued a written certification that it will be
able to provide adequate school facilities concurrently with need, no
further inquiry shall be made by the City Council on that development
application regarding the availability of adequate school facilities.
4 of 7 1 FEB I1 1986 ITEM 4
0
0
Ordinance No. 184
Page 4
SECTION 16.26.070 SCHOOL DISTRICT CERTIFICATION - INADEQUATE SCHOOL
FACILITIES
A. If the school district has determined that it will not be able to
provide adequate school facilities concurrently with need, the City
Council shall not approve an application until the developer submits a
subsequent, written certification from the school district satisfactory
to the City Council that adequate school facilities, as defined by the
school district, will be,available concurrently with need.
B. Notwithstanding Paragraph A, the City Council may approve an applica-
tion despite a determination by a school district that it will be
unable to provide adequate school facilities concurrently with need,
if:
1. It finds that there are specific overriding fiscal, economic,
social, or environmental factors which, in the judgment of the
City Council, would benefit the City, thereby justifying the
approval of the application; or
2. The application is for a condominium project converting an
existing apartment building into a condominium where no new dwell-
ing units are created and where financial assistance has been
previously provided to the school district for the existing apart-
ment project.
SECTION 16.26.080 PAYMENT AND AMOUNTS OF FEES
A. The school district may require, as a condition to the issuance of
written certification that it will be able to provide adequate school
facilities concurrently with need, as provided in Sections 5, 6, and 7
of this Ordinance, that the developer enter into an agreement with the
school district requiring the developer to pay a fee to assure that
school facilities will be provided concurrently with need, as required
by this Ordinance and the General Plan of the City of Poway.
B. The general standard for the amounts of the fees required pursuant to
this Ordinance shall be determined by the school district, subject to
concurrence by the City Council. The City Council shall review and
approve by resolution the amounts of said fees set forth in the general
standard at least once each year for the ensuing year.
C. Any land use approval for which fees have been required pursuant to
this Ordinance shall include a condition establishing that fees are
required which shall be paid pursuant hereto in amounts in effect at
the time that payment is made, a specific finding that said amount is
reasonable, and a specific statement of planned mitigation measures to
address the inadequacy of school facilities.
5 of 7
- FE8 11 1986 ITEM 4
7
6 of 7
0
0
Ordinance No. 184
Page 5
D. The amount of fees to be paid pursuant to this Ordinance shall bear a
reasonable relationship and will be limited to the needs of the school
district for school facilities and shall be reasonably related and
limited to the estimated need for school facilities caused by develop-
ment throughout the school district.
E. The amount of the fees payable at the time of the development of a lot
on which school facility fees were previously paid or on which there
exists a school /developer agreement shall be limited to the fees paid
and full credit shall be given therefor. Provided however, if the pre-
sent application seeks approval of more lots or units than those for
which fees were previously paid, the amount of the fees for all such
lots or units shall be determined and paid in accordance with the
general standard for fees in effect at -the time of the issuance of
building premits, less the amount of fees previously paid.
F. In each case where the City Council has approved a general standard for
fee amounts, the amount of fees to be required may be modified from
that general standard, if approved by resolution of the City Council
upon a showing that the inadequacy of school facilities is either more
or less severe than those conditions upon which the general standard
has been formulated.
SECTION 16.26.090 COLLECTION AND DISTRIBUTION
All fees required pursuant to this Ordinance shall be due and payable to the
City of Poway prior to the issuance of the building permit or permits
necessary for the construction of the residential structure or structures.
All fees collected by the City pursuant to this Ordinance shall be remitted
to the school district monthly. Payments for agreements between the school
district and developments which predate this ordinance shall be made
directly to the school district.
SECTION 16.26.100 SCHOOL DISTRICT REPORTS
The school district receiving funds pursuant to this Ordinance shall main-
tain a separate accounting for any fees paid, and shall file a report with
the City Council stating the amount received from the City during the fiscal
year, the balance at the end of each fiscal year, the facilities leased,
purchased or constructed during the previous fiscal year and the cost
thereof, and the amounts allocated or expended during the fiscal year exclu-
sively for the lease, purchase or construction of facilities described on
the School Project List. The report shall further specify future school
facilities needs and shall also include a recommendation as to whether fees
are needed in order to assure that adequate school facilities are
provided in the City. If fees are recommended, the report shall also
contain information which substantiates the school district's need for
fees and specific recommendations as to the amounts of said fees. Such
report shall be filed by January 1st of each year.
FEB 11 1986 ITEM 4
0
Ordinance No. 184
Page 6
EFFECTIVE DATE: This ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and the City Clerk of the City of Poway is
hereby authorized to use sumnary publication procedures pursuant to Government
Code Section 36933 utilizing the Poway News - Chieftain, a newspaper of general
circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 17th day of December, 1985, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the _ day of ,
1986, by the following roll call vote:
INAa 40- 11041oi51 auc3a���A
NOES:
WR
Carl R. Kruse, Mayor
Marjorie K. Wahlsten, City Clerk
7 ofof —f 7 ��, FEB 11 1986 ITEM 4