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HomeMy WebLinkAboutLetter from the Palermo Union School District regarding an Increase7390 Bulldog Way Palermo, CA 95968-9700 (530) 533-4842 Fax (530) 532-1047 Superintendent Dr. Jacqueline Dolar Board of Trustees Walter Hancock Marie L. Thomas Thomas Robertson Susan Short Richard Wulbern April 17, 2014 CountyButte Board of • • 25 County Center Oroville,• •• Re: Increase in Developer Fee — Resolution Gentlepersons, BUTTE COUNTY ADMINIS'1'RAI' ON OROVII,IFEi, CAU OI:NIA Honcut School 68 School Street Oroville, CA 95966 (530) 742-5284 Fax (530) 742-2955 Heather Scott, Principal Palermo School 7350 Bulldog Way Palermo, CA 95968 (530) 533-4708 Fax (530) 532-7801 Kathleen Andoe, Principal Golden Hills School 2400 Via Canela Oroville, CA 95966 (530) 532-6000 Fax (530) 534-7982 Carol Brown, Principal An Equal Opportunity Employer w Sincerely, Jacqueline Dolar, PhD JD:an Enclosures Enclosed please find a copy of Resolution No. 14-3 regarding the Developer Fees established by the Palermo Union School District Helen Wilcox School 5737 Autrey Lane Board of Trustees at their April 16, 2014 Board Meeting. Oroville, CA 95966 (530) 533-7626 Also enclosed is a copy of the Justification Study and a map of the Fax (530) 533-6949 District. Heather Scott, Principal The fees are scheduled to be effective July 1, 2014. Honcut School 68 School Street Oroville, CA 95966 (530) 742-5284 Fax (530) 742-2955 Heather Scott, Principal Palermo School 7350 Bulldog Way Palermo, CA 95968 (530) 533-4708 Fax (530) 532-7801 Kathleen Andoe, Principal Golden Hills School 2400 Via Canela Oroville, CA 95966 (530) 532-6000 Fax (530) 534-7982 Carol Brown, Principal An Equal Opportunity Employer w Sincerely, Jacqueline Dolar, PhD JD:an Enclosures RESOLUTION NO. 14-03 (April 16, 2014, Regular Meeting) A RESOLUTION OF THE GOVERNING BOARD OF THE PALERMO UNION SCHOOL DISTRICT ESTABLISHING SCHOOL FACILITIES FEES AS AUTHORIZED BY GOVERNMENT CODE SECTION 65995(b)(3) WHEREAS, Education Code Section 17620 authorizes the governing board of any school district to levy a fee, charge, dedication or other form of requirement against residential and commercial -industrial development projects for the construction or reconstruction of school facilities; and, WHEREAS, Government Code Section 65995 establishes the maximum fees that may be charged against such development projects; and, WHEREAS, the maximum fees authorized by Education Code Section 17620 are $3.36 per square foot of residential construction described in Government Code Section 65995(b)(1) and $0.54 per square foot of commercial and industrial construction described in Government Code Section 65995(b)(2); and, WHEREAS, school districts sharing a common territory, as the Palermo Union School District and the Oroville Union High School District do, are required to share the maximum fees, and WHEREAS, the Palermo Union District may charge the lesser of: a) the fiscal impact of new development as determined by this Developer Fee Justification Study dated March 2014 ("Study") or b) the maximum fees authorized by Education Code Section 17620 less the amounts charged by the Oroville Union High School District.; WHEREAS, the Oroville Union High School District has adopted fees of $1.32 per foot of residential development and $0.00 per square foot of commercial -industrial development; and WHEREAS, based on the above information, at this time (but subject to future change based on the above formula and the amounts charged by the Oroville Union High School District), the Palermo Union School District may charge: • $2.04 per square foot of residential development • $0.54 per square foot of commercial -industrial development (except rental self -storage) • $0.28 per square foot of rental self -storage development; and WHEREAS, the purpose of this Resolution is to approve and adopt fees pursuant to the above information. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Governing Board of the Palermo Union School District as follows: Procedure. This Board hereby finds that prior to the adoption of this Resolution, the Board conducted a public hearing at which oral and written presentations were made, as part of the Board's regularly scheduled April 16, 2014, meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, has been published twice in a newspaper in accordance with Government Code Sections 6062(a), 66004 and 66018 and a notice, including a statement that the data required by Government Code sections 66004 and 66018 was available, was mailed at least fourteen (14) days prior to the meeting to any interested party who had filed a written request with the District for mailed notice of the meeting on new fees or service charges within the period specified by law. Additionally, at least 10 days prior to the meeting, the District made available to the public data indicating the amount of the cost, or estimated cost, required to provide the service for which the fee is to be established pursuant to this Resolution. By way of such public meeting, the Board received the Developer Fee Justification Study dated March 2014 (hereinafter referred to as the "Study") which formed the basis for the action taken pursuant to this Resolution. 2. Findings. The Board has reviewed the Study as it relates to proposed and potential development, the resulting school facilities needs, the cost thereof, and the available sources of revenue including the fees provided by this Resolution, and based thereon and upon all other written and oral presentations to the Board, hereby makes the following findings: A. Enrollment at the District schools will exceed capacity. B. Additional development projects within the District, whether new residential construction or residential reconstruction involving increases in assessable area greater than 500 square feet, or new commercial or industrial construction will increase the need for school facilities and/or the need for reconstruction of school facilities. C. Without the addition of new school facilities, and/or reconstruction of present school facilities, any further residential development projects or commercial or industrial development projects within the District will result in a significant decrease in the quality of education presently offered by the District; D. Residential development and commercial or industrial development is projected within the District's boundaries and the enrollment produced thereby will exceed the capacity of the schools of the District. As a result, conditions of overcrowding will exist within the District, which will impair the normal functioning of the District's educational programs; E. The fees proposed in the Study and the fees implemented pursuant to this Resolution are for the purposes of providing adequate school facilities to maintain the quality of education offered by the District; F. The fees proposed in the Study and implemented pursuant to this Resolution will be used for the construction and/or reconstruction of school facilities as identified in the Study; G. The uses of the fees proposed in the Study and implemented pursuant to this Resolution are reasonably related to the types of development projects on which the fees are imposed; H. The fees proposed in the Study and implemented pursuant to this Resolution bear a reasonable relationship to the need for school facilities created by the types of development projects on which the fees are imposed; I. The fees proposed in the Study and implemented pursuant to this Resolution do not exceed the estimated amount required to provide funding for the construction or reconstruction of school facilities for which the fees are levied; and in making this finding, the Board declares that it has considered the availability of revenue sources anticipated to provide such facilities; J. The fees imposed on commercial or industrial development bear a reasonable relationship and are limited to the needs of the community for schools and are reasonably related and limited to the need for school facilities caused by the development; K. The fees will be collected for school facilities for which an account has been established and funds appropriated and for which the district has adopted a construction schedule and/or to reimburse the District for expenditures previously made. 3. Fee. Based upon the foregoing findings, the Board hereby establishes the fee in the amount of $2.04 per square foot for assessable space for new residential construction and for residential reconstruction to the extent of the resulting increase in assessable areas; and in the amount of $0.54 per square foot for new commercial or industrial construction. The rental self -storage category of commercial/industrial justification has less impact and should be collected at the justified rate of $0.28 per square foot. 4. Fee Adjustments and Limitation. The fees adjusted herewith shall be subject to the following: A. The amount of the District's fees as authorized by Education Code Section 17620 may be reviewed every two years to determine if a fee increase according to the adjustment for inflation set forth in the statewide cost index for Class B construction as determined by the State Allocation Board is justified. B. Any development project for which a final map was approved and construction had commenced on or before September 1, 1986, is subject only to the fee, charge, dedication or other form of requirement in existence on that date and applicable to the project. C. The term "development project" as used herein is as defined by Section 65928 of the Government Code. 5. Additional Mitigation Methods. The policies set forth in this Resolution are not exclusive and the Board reserves the authority to undertake other or additional methods to finance school facilities including but not limited to the Mello -Roos Community Facilities Act of 1982 (Government Code Section 53311, et seq.) and such other funding mechanisms. This Board reserves the authority to substitute the dedication of land or other property or other form of requirement in lieu of the fees levied by way of this Resolution at its discretion. 6. Implementation. For residential, commercial or industrial projects within the District, the Superintendent, or the Superintendent's designee, is authorized to issue Certificates of Compliance upon the payment of any fee levied under the authority of this Resolution. 7. California Environmental Quality Act. The Board hereby finds that the implementation of Developer Fees is exempt from the California Environmental Quality Act (CEQA). 8. Commencement Date. The effective date of this Resolution shall be July 1, 2014, which is at least 60 days following its adoption by the Board. 9. Notification of Local Agencies. The Secretary of the Board is hereby directed to forward copies of this Resolution and a Map of the District to the Planning Commission and Board of Supervisors of Butte County and to the Planning Commission and City Council of the City of Oroville. 10. Severability. If any portion of this Resolution is found by a Court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining portions of this Resolution. The Board hereby declares its intent to adopt this Resolution irrespective of the fact that one or more of its provisions may be declared invalid subsequent hereto. APPROVED, PASSED and ADOPTED by the Governing Board of the Palermo Union School District this 16tt'day of April, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: President, Governing Board Palermo Union School District ATTEST: Secretary, Governing Board Palermo Union School District LEGAL DESCRIPTION OF PALERMO UNION SCHOOL DISTRICT COUNTY OF BUTTE - STATE OF CALIFORNIA BEGINNING AT THE SOUTHEAST CORNER OF SECTION TWENTY-TWO, T. 18 N., R. 4 E., M. D .B. & M.; THENCE NORTHERLY ON SECTION LINES 1 % MILES, MORE OR LESS, TO THE QUARTER SECTION BETWEEN SECTIONS 14 AND 15, SAID TOWNSHIP; THENCE EASTERLY ON HALF SECTION LINE 1 MILE MORE OR LESS, TO THE QUARTER SECTION CORNER BETWEEN SECTIONS 13 AND 14, SAID TOWNSHIP; THENCE NORTHERLY ON SECTION LINES 1 MILE, MORE OR LESS, TO THE QUARTER SECTION CORNER BETWEEN SECTIONS 11 AND 12, SAID TOWNSHIP; THENCE EASTERLY ON HALF SECTION LINE %2 MILE MORE OR LESS, TO THE CENTER OF SECTION 12, SAID TOWNSHIP; THENCE NORTHERLY ON HALF SECTION LINE'h MILE MORE OR LESS, TO THE QUARTER SECTION CORNER BETWEEN SECTIONS 1 AND 12, SAID TOWNSHIP; THENCE WESTERLY ON SECTION LINES 1 Y2 MILES MORE OR LESS, TO THE SOUTHWEST CORNER OF SECTION 2, T. 18 N., R. 4 E.; THENCE NORTHERLY ON SECTION LINES 3 MILES MORE OR LESS, TO THE NORTHEAST CORNER OF SECTION 27, T. 19 N., R. 4 E.; THENCE WESTERLY ON SECTION LINES 2 MILES MORE OR LESS, TO THE NORTHWEST CORNER OF SECTION 28, SAID TOWNSHIP; THENCE SOUTHERLY ON SECTION LINE TO A POINT ON THE CENTERLINE OF MONTE VISTA AVENUE; THENCE WESTERLY ALONG SAID CENTERLINETO THE CENTERLINE OF VIA PACANA; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE, 1496.52 FEET, TO A POINT ON THE SOUTHERLY PROJECTION OF SAID CENTERLINE, SAID POINT ALSO BEING A POINT ON THE SOUTH BOUNDARY OF THE "VISTA DEL CERRO, UNIT NO. 2" SUBDIVISION; THENCE CONTINUING EASTERLY ALONG SOUTHERN BOUNDARY OF SAID SUBDIVISION TO A POINT ON THE WESTERN BOUNDARY OF SECTION 28, OF SIAD TOWNSHIP; THENCE CONTINUING SOUTHERLY ALONG SECTION LINE TO THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE WESTERLY ON SECTION LINES 2 MILES MORE OR LESS, TO THE NORTHWEST CORNER OF SECTION 31, T. 19 N., R. 4 E.; THENCE SOUTHERLY ON RANGE LINE TO THE NORTHEAST CORNER OF SECTION 36, T. 19 N., R. 3 E.; THENCE WESTERLY ON SECTION LINE TO THE CENTER OF THE FEATHER RIVER; THENCE SOUTHERLY AND WESTERLY DOWN THE CENTER OF THE FEATHER RIVER 6 MILES, MORE OR LESS, TO THE SECTION LINE BETWEEN SECTION 15 AND 22, T. 18 N., R. 3 E.; THENCE EASTERLY ON SECTION LINES 1 '/ MILES, MORE OR LESS, TO THE SOUTHWEST CORNER OF SECTION 13, T. 18 N., R. 3 E.; THENCE SOUTHERLY ON SECTION LINE 1 MILE TO NORTHEAST CORNER OF SECTION 26, SAID TOWNSHIP; THENCE WEST ON SECTION '/ MILE TO THE NORTHWEST CORNER OF THE NORTHEAST % OF THE NORTHEAST '/ SECTION 26; THENCE SOUTH 3/ MILE TO THE CENTER CORNER OF SOUTHEAST QUARTER OF SAID SECTION 26; THENCE WEST '/ MILE TO THE NORTHWEST CORNER OF SOUTHWEST % SOUTHEAST '/ OF SAID SECTION 26; THENCE SOUTH 'h MILE TO NORTHWEST CORNER OF LOT NO. 2 OF WATTS GRIDLEY COLONY NO. 1; THENCE EAST '/ MILE TO NORTHEAST CORNER OF SAID LOT NO. 2; THENCE SOUTHERLY 3/ MILE TO SOUTHWEST CORNER OF LOT 17 OF SAID SUBDIVISION; THENCE EAST ON LOT LINE TO SOUTHEAST CORNER OF SAID LOT 17; THENCE SOUTHERLY ON SECTION LINE 100 FT. TO SOUTHWEST CORNER SECTION 36, T. 18 N., R. 3 E.; THENCE EAST 1 MILE TO NORTHWEST CORNER SECTION 6, T. 17 N., R. 4 E.; THENCE SOUTH ON RANGE LINE FOUR MILES, MORE OR LESS, TO THE CENTER OF THE SOUTH HONCUT CREEK, AT THE BOUNDARY LINE, BETWEEN BUTTE AND YUBA COUNTIES AS ESTABLISHED BY SURVEY OF B. L. MCCOY AND J. R. MEEK, COUNTY SURVEYORS OF BUTTE AND YUBA COUNTIES, 1901; THENCE EASTERLY ALONG THE SAID SOUTH HONCUT CREEK AS ESTABLISHED BY SAID SURVEY OF 1901 SEVEN MILES, MORE OR LESS, TO ITS INTERSECTION WITH THE LINE BETWEEN SECTIONS THIRTEEN AND FOURTEEN, TOWNSHIP SEVENTEEN NORTH, RANGE FOUR EAST; THENCE NORTH ON SECTION LINES ONE AND THREE- QUARTER MILES TO THE NORTHWEST CORNER OF SECTION TWELVE, SAID TOWNSHIP; THENCE EAST ON SECTION LINE ONE MILE TO THE SOUTHEAST CORNER OF SECTION ONE, SAID TOWNSHIP; THENCE NORTH ON RANGE LINE THREE MILES, MORE OR LESS, TO THE NORTHEAST CORNER OF SECTION TWENTY-FIVE, TOWNSHIP EIGHTEEN NORTH, RANGE FOUR EAST, M. D. M.; THENCE WEST ON SECTION LINES TWO MILES TO THE PLACE OF BEGINNING. 10/1/07