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Home My WebLink About2463~ / ~ -: k , ~ =: ; ~ Ordinance No. 24s3 ~ AN ORD~NANCE OF THE COUNTY OF BUTTE 2 3 'Fhe Board o~ Supervisors of tne County of Butte, State af 4 California, DO ORDAIN, as follows: 5 SEC. 1. T~TLE 6 This ordinance shall be known and may be cited as the 7 Schoal. Facilities Fee O~dinan~e. $ SEC. 2. AUTHORITY ~ Thi.s oxdinance is ac~opted pursuant to the provisions of ~~ Chapt.er ~.7 {commencing with Sec~ion 65970) of 17xvisi.on 1 0~ Title 7 lI of the Governm~nt Code. 12 . SEC. 3. PURPOSE ~3 The purpose o~ t~is ordinance is to provide a method for ~4 fi.nancing interim school faczl.ita.es on existing ~lementary campuses ~~ in the Chzco Unified Schaol District. ~6 SEC. 4. REGULATIONS , 1,~ The board o~ supErvisors may fxam tizne to tim~ by : ~g resolutzo~ ~.sst~e regulations to provide for ti~e administ~ation and ~9 imp~.ementation of this ardinance. 2~ SEC. 5. DEFINZTYONS 21 As used in this ordinance: 22 (a) "Conditions af Over.crowding" means ~hat the total enrallment 23 of the Chi~o Unified School Disttict, i.ncluding enrollmen~ ~ 24 from proposed develapment, ~xceeds ~~e capacity of Che existing 25 school facili~ies witl~in such school district as deteru~in~d ~fi by the governing body o~ ~he school dxstrict. 27 ..... 28 ..... ~ 7 2 3 ~ 5 ~ ? $ 9 10 11 ~2 13 14 15 1G 17 18 19 20 I'~ 21 ~~ 23 24 I 25 26 27 2S (b) "Dec~sion~-making Body" mean~ the Board of Supervisors, P].anning Cammission, ar~d such other ~oard, comm~ssion, o~fice or afficial as may be autharized or empowered to approve or make recomm~ndations for approval of any residential developmen~. (c) "Residential Dw~i~ing Uni.t" means a buiZding or porti.on th.ereo~, or a mobile home, design~d for residentia~, occupation by one person or a group of two or mo~e p~rsons Iiving together as a 'domestic unit. (d} "App~ove a Residential Development" means for any residential developmen~: (1) to grant a~esidential bui~ding permit; {2) to grant a mobile home installation or hookup I permi~t; ~r (3) to grant approval of any discretionary residen~ial developmc~nt, including bu~ not Zimited to approval o~ a t~nta~ive subdivision map, parcel map, minor lar~d division, variance, speci.al us~ p~rmit, condominium map or are-zoning to a r~sidential use or to a residenL-ial use al~owing a gr~ate~ density. (e) "Residen~ial. Deve~op~ent" means a project contair~ing residential dwellings, includir~g mobile homes, of one or mare units or a subdivision of land for the purpose a~ construc~.ing on~ or mor~ residential eiwelling units. (f) "Senior Citizens Housing" means a residential development of seven (7) or more residential clwelling units restricted for a pezioc~ o~ not less than ~orty (40} years to occupancy by elderly or har~dicapped ~amili.es. tg) "Elderly or Handicapped Families" means: (1) families o~ ~.wo (2} ar more persons, the head of which or his or her spouse is 62 years o~ age or over ar is handicapped; o~ (2) the 2 _. . ~ 2 3 4 ~ 6 . '~ 8 9 ~~ I1'. 12 13 I4 151 1G 17 18 T~J 20 21 22 23 24 25 26 27I 281 surviving members or m~mbe~ of any family described in Subsection 1 above Iiving with a deceased member o£ the family at the time o~ his or her death; ox' ~3) a single person wha is 62 years of ag~ or over or a non--elderl.y handicapped person between 18 and 62 years of age; ar (~) two or mQre elderly o~ handicapped persons living togethcr or one or more such persans living with ano~he~ pearson who is determi~~d based upon a l~censed physic~an's certi~ication to be essential. to their care or well-being. SEC. 6. FINDZNGS BY SCHOOL DISTRICT Pursuant to Government Code Sections 65970 et s~q., ~he governing boazd a~ the Chico Unified Schoo]. Distric't may make and file with the Soard of Super~crisors wr~.t~en findi.ngs supported by clear and convincing evidence ~hat: (a) Conditions a~ ovezc~owding exis~ in said Distrzct which wi~.l impair the normal functi.oning of educational p~ograms, including ~he reasons £or such condi~ions exis~ing; and (b) A~1 reasnnable methods far mitiqating conditions of overcrowding have b~en ~valuated, and no feasible method fo:r reducing such conditions exists. SEC. 7. SCHOOL DZS'FRICT SCHEDIJLE A£ter the Chico C7nified SCY]DOZ District f~.1es ~indings pursuant to 5ection 5 above, it shall, upon a finding o~ cancurrence by -the Board of 5upervisors, file wi~.h the Boar~d af Supervisors a plan specifying a fee schedu].e and haw ~he schoo~ dzstrict wi~1 use fees received by it pursuant to this ordinance ~o salve the cond~.tions o£ overcrowd~.ng. The plan. sha1~. include the facts suppor~ing it and shall speci.fy the schpol sites to be used, the classroom facilities to be made 3 ~ . ~ 1 2 3 4 ~ 6 ~ S 9 Ifl ~1 12 #3 X 4'~ 15 1G 17 ~S 19 20 21 22 23 24 25 2$ 27 28 avai~able, and the times whe~ such facil~t~es will be available. ~f the schoo~ dist~ict is unable to implement the plan within th~ t~me set forth therein, it sha11 ~ile modi£ica~ions with the Boar~ of Supervisars together wi~h a statement o~ the reasans for ~he mfldifications. SEC. 8. CONCURRENCE BY BQARD OF SUPERVISORS; F~NDING OF CONSISTENCY; ADOPTTON OF ~EE SCHEDULE If, after receip~ o~ findings comp~ying with the r~quir~ments of Section 6 the Board of Supervisors concurs ~n such ~indings, it sha~l th~n by resolu~ion detezmine whether the facilities and land use speci~ied in a scnedule ~~Ied by ~he school district pursuan~ to Section 7 above ar~ consistent with~ the General Plan. If the Boa~d o~ Sup~rvisors makes 5ueh a~ determi.natian of consistency ~t shall by resolu~ion adopt a schedu~.e of ~ees to be paid by persons carrying out residentia~. deve~.opments. Th~ amount of the feas shall hear a reasonable ~ela~ionship and wi11 be limited to the needs of the community far interim schnol facili~ies and sh,a~.l be reasonably re~a~ed and limited to the need ~or schools caus~d by the residential~ development. How~ver, such ~ees shal~ not exceed ~he amountl ~ necessary to pay five annual. lease payments for the said interiml ~'acilitiss, and the fee schedule shall be reviewed annua~.Iy by~ ~ the Boara~. SEC. 9. APPROVAL OF RESZDENTIAL DEVELOPMENT; N1I~IGATION OF IMPAC~ ON SCHOOLS No decision-making body shall approve a residential devEZo}amen~ wi~hin the Chico t~nified School District after it has been determined pursuant to t~is ardinance that conditions of~ 4 i . ~ 2 ~I 4 5 6 71 gl'! gl 14 f1 12 13 14 15 16 17 18 19 20 21 22 231 24 25 2G 27 2$ flvercrowding exist unl~ss such dec~.sion-making body first determines on~ of th~ fo~.lowing: (a) That said schQOl dis~rict has certified in writ~.ng to the Coun~y of Butte that the applicant has paid the school fees to it as required by this ardinance. Upon reques~ of ~he applicant the school district sha].1 credit the applicant for any fee previously paid to t~ie district for said residentia~ deve~apmen~ pursuant to a wri~ten, signed mitigation agreemen~ wi~h the district. (b) That such approval is condit~.oned upon the payment of school f~es pursuant ta this ordinanc~ at the time ot ~he issuance of a residentiaJ. building permi~ or mobile hom~ ins~allation or hookup permit Eor each residential dwelling unit constructed or insta3.led as a part of such residen~ial developmen~ ancl in the amou nt specified at the time of such issuance in th~ fee sc}~edu].e adapted by resolu~ion of the Boa~d of Supervisors; or (c) ~hat saa.d schoal clistrict has c~rtified in writing to th~ Co~nty of B~tte that a.t and the appli.can~ have entered inta an agreement which provid~s a feas~ble means for mitigating any aggravation of such conditions af av~rcrowding which would be caused by ~he residential development. S~C. 10. IN LIEi3 FACILITIES In lieu of paying th~ fees required pursuant ~o Section 9 above, the bui~.der of a resid~n~ial dev~lopment may, at his oar h~r option ancl a~ his or her expense, provide interim facilities, owned or controiled by ~he bu~].der, at the p~ace designated by ~he schoal d~.stx-ict, and at the conclusion of ~he ~ifth schoo~, 5 1 2 3 4 5 6 ? S 9 ~a ~~ 12 13 I4 15 ', ~ G''~ 17 18 19 20 21 22 23 24 2~ 26 27 28 I~year the builder sha~l, a~ the builder's ~xpense, remo~e the in~erim facil~ties ~rom that place. SEC. 11. EXCEP~ION~ ', The provisians of this ordinance sha~l no~ apply to and fees wilZ na~ be imposed hereunder on {a} the rebuilding af a Iegally established dwelling unit d~stroyed or damag~d by fire, ~~ explosion, fload, act af Gad, or other accident or catastrophe; ar (b) senior citiz~ns housing. SEC. 12. ~SE OF FEES The fees collected pursuant to ~his ordinance by the Chico Unified School Distric~ sha~l be used in accordance with the r~quir~men~s of Chapter 4.7, Division ~, Title 7 of the Government Cnde. SEC. 13. SCHOOL DISTRICT REPORT; FREQUENCY THEREOF; CONTENTS The Chico Unified School ~istrict shall maintain a separate account for any f~es r~ceived pursuant ta this ardinance and sha1l ~'i1e a~eport with th~ Board of Supervisors on the ba~.ance in.~he account at the end of the previous £iscal year and the ~acilities Ieased, purchased, or const~uc~.ed during the previous' fiscal yeax~. In addition, the report shall specify wh~ther~ conditions o~ ov'ercrowding will cantinue to exist when the ~alll, term begins. Such report sha11 be Ei.Ied by Oc~ober 15th of each' year and sha1l b~ filed more freq~ent~.y at the request of the Board of Sup~rvisors. If overcrowding canditions no longe~ exist in ~he school dis~rict, the County sna11 cease levying fees pursuant to this ordinance for resiclential deve].opment in the dis~ric~. /ll ~ 6 ~ S~C. l4. RIGHT TO DISAPPROV~ RESID~NTIAL ~EVELOPMENTS 2 Noth~ng in this ordinance shall be read or interpret~d 3 to ~~mi~ ~he xight of ~he Caunty to dxsapprove ~esidential deve~op- 4 ments fo~ a~y lawful reason. 5 SEC. 15. NON-EXCLUSIVE PROVISION 6 T~e provisions of this ordinance are in addition to any 7 othe~ provisions af Iaw or equity w~zch may be invoked or app~zed $ to miti~ate or eliminat~ conditions of overcrowding in schools. ~ SEC. 16. EFFECTIVE DATES OF FEE REQ~IREMENT ~Q Fees shall be ~equixed fo~ any residential development ~1 approved thirty {30) days or Iater after the effeetive date of this 1~ ordinance; pEOVided, howeve~, that no fee s~all be payable upon 13 issuance of a buldi~g permit for whic~ the appZication had been 14 C°~A~•e~ed p~ior ro the adoption of this ordinance. ~5 SEC. 17. SEVERABILI~Y ~s xf any sec~ion, subsection or p~rtion of this ordinanc~ ~~ is for any reason h~~d to be invalid ox uncons~itutional by the 18 decision of any cour~ of competent jurisdictian, su~h decision shal~ ~g not affeet the validity of the remainzn~ portion of this ordinance.~ ~~ The Board of Superviso~s hereby declares that it wou~d ~ave adopted ~~ this ardi.na~ce and each section, subsection ar portion thereof, 2~ irrespective of the fact that any one ox more sectians, subsections 23 ox port~ans be declared inva~id or unconstitu~ional. ~ 24 SEC. ~8. ~FFECTIVE DATE;.PUBLICATION ~ 25 This Ordinance shall be and it is hereby declared to be ~~ in fu~l force and ef~ect from and afte~ thirty (3fl) days af~er the 27 date of its passage, and before the expiration of fif~ee~ (15) 28 ..... 7 1 2 3 ~ 5 6 7 8 9 ~~ 11 12 13 14 i~: ~6 17 18 1S 2Q 2~ 22 23 24 25 2G 27 28 days after its passage, this Ordinance shall be pub~ished onc~ ' with th~ names of ~he members of the Board o~ Supe~viso~s voting for and against it in th2 Chi.c~ ~nt~rprise Recorc3 . , a n~wspape,r publisned in the the County of But~e, State of California. PASSED AND ADOP'~ED by the Board of Supervisors ofi the County of Butte, Sta~e of Cali~ornia, on the ^~~9~h~- ~ day of ~arch , 1985, by the ~ollowing vote; AYE 5: Supervisors Dolan, Mcln~urf, McLaughl~n, Wheeler and cY~airman FuZton NOES : ~ane ABSTAIN: None ABSEN~ : None ~ FOLTON ~ ~t131~'IndI1 Of thE e County Board of Superviso~'s A'~TEST. MARTIN J. NICHQLS, Chief Admini.s~rative O~~ice~ and Clerk of the Board By:_~ ~~ ~ ~ ~~ ~~ 8 ~ ~ CHIE~ ; . ~DM~N~STRATIVE ~,~=~FICE COiJNTY OF BUT"l'E e~]Tj~ 25 COl1NTY CEfV"T'~R DR. ! OROVILL~, CALIFORNIA 95965-338D /(916) 534-4633 o ~ a . o o . ~' ~ o o ~ o O p ° ' e MEMBERS O~ THE BOARD ~aUn~~ FIASKEL A. Md~f7L1RF JAhE D4LAN MARTIt~fJ.N[CHp1.5 HlL.DA wMEELER CHIEF ADMINISTRATNE OFFICEFi ED McLAUGHLIM Apr~i z, ~.985 ~F~ FUL70N Robert Jef~ries, Superintendent Chico I3nified Schoo~ Distric~ 11G3 E. 7th Street Chico, CA 9592b Dear Mr. Jeffries: Enclosed is a copy of Resolu~ion 85-~0 0£ the Bt~tte County Board ot 5upervisors concurring in find~ngs of overcrowding in the Chzco Unified Schoo~ Dis~ric~ and adopting a schedule of fees, Also enc~osecl is a copy of Qrdinance 2463 0~ the County of Butt~: authorizinq imposition of in~erim schoo~ facili~y dev~~.opment fees. Bo~h documents were adopted on Niarch 19, J.98~. Should you have any questions regaxding this ma~ter, please do not hesitate to contact ~his office at (916) 534-4371. , ~ ,, inc rely, ~ ~~~ ~~ ~ ~~y ~~/~. ~, ~~~~ . ~ ~ t Martin J Ni.chols Chief Ad inistrative Of~icer /rt Encl. cc: Mary Ann Houx, President Board of Trus~ees Chico Unifi~d School Distric~ (w/o encl) ~7im ,7ohans~n, Auditor (w/encl)