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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