SEC. 8-100. TITLE AND PURPOSE:
This Part shall be known as the "School Facilities Dedication Ordinance". The purpose of this Part is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-101. AUTHORITY AND CONFLICT:
This Part is enacted pursuant to Chapter 4.7 (commencing with Section 65970) of Division I of Title 7 of the Governmental Code. In the case of any conflict between the provisions of this Part and those of Chapter 4.7, the latter shall prevail.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-102. GENERAL PLAN:
The City's General Plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated or both, shall be consistent with the General Plan.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-103. REGULATIONS:
The City may from time to time, by resolution, issue regulations to establish administration, procedures, interpretation and policy direction for this Part.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-110. GENERALLY:
Except where the context otherwise requires, the definitions given in this Section govern the construction of this Part.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-110.1. DEVELOPER:
The term "developer" includes every person, firm, corporation, or other business entity constructing or installing a new dwelling unit or mobile home space, either directly or through the services of any employee, agent, or independent contractor.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-110.2. DWELLING UNIT:
The term "dwelling unit" includes each single family dwelling and each unit of a multiple unit dwelling structure designed as a separate habitation for one or more occupants. The term "dwelling unit" also includes a new factory built housing installed in accordance with Section 19960 et seq. of the Health and Safety Code of the State of California.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-110.3. MOBILE HOME SPACE:
The term "mobile home space" includes each space in a mobile home park designed to be used for parking a mobile home on a temporary, semi-permanent or permanent basis.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-110.4. SCHOOL DISTRICTS:
The term "school districts" includes all school districts located in whole or in part within the incorporated areas of the City of Stockton.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-110.5. CONDITIONS OF OVERCROWDING:
"Conditions of overcrowding" means that the total enrollment of a school, including enrollment from proposed development, exceed the capacity of such school as determined by the governing body of the district.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-110.6. REASONABLE METHODS FOR MITIGATING CONDITIONS OF OVERCROWDING:
"Reasonable methods for mitigating conditions of overcrowding" shall include, but are not limited to:
(a) Any agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development;
(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;
(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 affected school districts;
(e) Agreements between a subdivider or other developer of residential developments in the affected school district whereby temporary use buildings will be leased to or for the benefit of the school district or temporary use buildings owned by the school district will be used.
( Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-110.7. RESIDENTIAL DEVELOPMENT:
"Residential development" means 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 residential units. Residential development includes, but is not limited to, a preliminary or final development plan, a subdivision tentative parcel map, conditional use permit, or any other discretionary permit for new residential use.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-111. NOTIFICATION OF CONDITIONS OF OVERCROWDING:
The governing body of a school district which operates, in whole or in part, within the incorporated areas of the City of Stockton may at any time pursuant to Government Code Section 65971, notify the City Council that:
(1) Conditions of overcrowding exist in one or more attendance areas within the districts;
(2) All reasonable methods of mitigating conditions of overcrowding have been evaluated; and
(3) No feasible methods for reducing such conditions exist. Such notification shall remain in effect until withdrawn in writing by the governing body of the school district.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-112. FINDINGS — REQUIREMENTS:
The notice shall be in writing and shall set forth the clear and convincing evidence upon which such finding is based. It shall specify:
(1) The findings listed in Section 8-111.
(2) The findings of fact and a summary of the evidence upon which the findings in Section 8-111 were based.
(3) The mitigation measures and methods, including those listed in Section 8-110.6, considered by the school district in any determination made concerning them by the district.
(4) The precise geographic boundaries of the overcrowded attendance area or areas.
(5) Such other information as may be required by the Council.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-113. DESIGNATION OF OVERCROWDED SCHOOL:
Upon receipt of a notice as described in Section 8-111, the Council shall schedule and conduct a public hearing on the notification for the purpose of allowing interested parties to comment on the matter. Following such hearing, the Council shall determine whether it concurs in such finding. If the Council concurs, it shall by resolution designate the school as an overcrowded school.
(Added by Ordinance 3095-C.S. — Effective Aug. 24,1978)
SEC. 8-114. ACTIONS AFFECTING RESIDENTIAL DEVELOPMENTS:
Within the attendance area where it has been determined pursuant to Section 8-113 that conditions of overcrowding exist, the Planning Commission shall not approve a residential development as defined in Section 8-110.7 unless the Planning Commission makes one of the following finds:
(1) That pursuant to this ordinance, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development to mitigate the conditions of overcrowding within that attendance area; or
(2) There exists specific overriding fiscal, economic, social or environmental factors which, in the judgment of the Planning Commission, would benefit the community as a whole, thereby justifying the approval of a residential development otherwise subject to the provisions of this ordinance without requiring the payment of fees or the dedication of land or other alternative provisions of this Part.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-115. EXEMPTIONS:
Residential developments shall be exempted from the requirements of this Part when they consist only of the following:
(1) Any modification or remodeling of an existing legally established dwelling unit that does not create an additional dwelling unit;
(2) The proposed development is located within a redevelopment area designated by a redevelopment agency pursuant to the Community Redevelopment Law, Health and Safety Code Section 33000; or
(3) A condominium project converting an existing apartment building into a condominium where no new dwelling units are added;
(4) Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;
(5) Any rebuilding of an historical building recognized, acknowledged and designated as such by the Planning Commission.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-116. DISTRICT SCHEDULE:
Following the decision of the Council 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. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the time when such facilities will be available. 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.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-117. APPLICATION BY DEVELOPER:
At the time of filing an application for the approval of a proposed residential development located in an attendance area where the Council has concurred as provided in this Part, 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 shall describe the specific land.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-118. DECISION:
At the time of initial residential development approval of developments having more than fifty (50) units, the Planning Commission shall determine whether to require a dedication of land within the development, payment of a fee 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 of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school facilities including all mandated educational programs and will be reasonably related and limited to the need for schools caused by the development;
(d) Any recommendations made by affected school districts concerning the location and amount of lands to be dedicated;
(e) If only a subdivision is proposed, whether it will contain fifty (50) parcels or less.
(Added by Ordinance 3095-C.S. — Effective August 24, 1978) (Amended by Ordinance 3941-C.S. — Effective Jan. 23, 1986)
SEC. 8-118.1. EXCEPTIONS:
In subdivisions containing fifty (50) parcels or less, only the payment of fees may be required.
(Added by Ordinance 3941-C.S. — Effective Jan. 23, 1986)
SEC. 8-118.2. BUILDING PERMIT:
No building permit for a residential development in an attendance area where it has been determined that conditions of overcrowding exist shall issue unless and until the fees established by the City Council have been paid or otherwise satisfied by action of the Planning Commission.
(Added by Ordinance 3941-C.S. — Effective Jan. 23, 1986)
SEC. 8-119. LAND DEDICATION:
When the dedication of land is required, the developer shall make a written offer of dedication to the affected school district, which shall then have thirty (30) days in which to formally accept or reject the offer. If the school district rejects the offer of dedication, it shall notify the Planning Commission in writing of its reasons for so doing. The Planning Commission shall then determine whether to assess fees in lieu of dedication or require the dedication of other land within the proposed development. If the school district takes no action within thirty (30) days of receiving the written offer, such offer shall be deemed to have been accepted.
(Added by Ordinance 3095-C.S. — Effective August 24, 1978) (Amended by Ordinance 3146-C.S. — Effective Jan. 16, 1979)
SEC. 8-120. FEE PAYMENT:
If payment of fees is required, such payment shall occur simultaneously with and be a condition concurrent to the issuance of a building permit.
(Added by Ordinance 3095-C.S. — Effective August 24, 1978) (Amended by Ordinance 3146-C.S. — Effective Jan. 23, 1986)
SEC. 8-121. TWO OR MORE SCHOOL DISTRICTS:
Where two separate school districts operate schools in an attendance area where overcrowding conditions exist for both school districts, the City Council shall 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 Part.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-122. GENERAL STANDARD:
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 will be limited to the need for interim school facilities caused by the development. The location of land to be dedicated shall be consistent with the City's General Plan.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-123. AMOUNT OF FEES OR LAND:
The Council shall by resolution establish the amount of fees to be paid when required pursuant to the terms of this Part. The rate for mobile homes shall be established by dwelling unit. The rate for all other dwelling units shall be established on a per bedroom basis. Any room designed for sleeping which has a closet is a bedroom for the purposes of this Part. The total land area required to be dedicated pursuant to this Part shall be at least equal in monetary value to the fees which would be otherwise required. The Planning Commission shall determine and establish the monetary value of land area for the purposes of this Section.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-124. SEPARATE SCHEDULES:
The Council may establish separate fee schedules for each school district.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-125. USE OF LAND AND FEES:
All land or fees, or both collected pursuant to this Part and transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom or related facilities.
(Added by Ordinance 3095-C.S. — Effective Aug. 24. 1978)
SEC. 8-126. ACCOUNTING:
Any school district receiving funds pursuant to this Part 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 terms begin 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 City Council.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-127. TERMINATION:
If overcrowded conditions no longer exist, the City shall cease levying any fee or requiring the dedication of any land pursuant to this Part.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
SEC. 8-128. DETERMINATION OF CAPACITIES:
The governing body of each school district shall, no later than May 1st of each year, determine the capacity of each school in the district and project the enrollment expected in each school for the next succeeding school year. This information shall be kept on file at the district offices and shall be made available to the public pursuant to the Public Records Act. The determination of capacity shall set forth the formulas or other methods employed by the governing body in making its determination.
(Added by Ordinance 3095-C.S. — Effective Aug. 24, 1978)
Stockton, CA 
