Loading...
HomeMy WebLinkAboutPalermo School DistPALERMO UNION SCHOOL DISTRICT 7390 Bulldog Way Palermo, CA 95968-9700 (530) 533-4842 Fax (530} 53Z-10=17 Superintendent Samarel G. Chimenlo Board o Traistees Walter Hancock Marie L. Thomas Thomas Robertson Susan Shart Terry Taylor March 22, 2012 Butte County Board of Supervisors 25 County Center Drive Oroville, CA 95955 ~~~ ~Z~~ ~~, C~ Re: Increase in Developer Fee -Resolution Helen Wilcox School 5737 Autrey Lane Oroville, CA 95966 (530) 533-7626 Fax (530) 533-6949 Heather Scott, Principal Honczrt School 68 Sclzoal Street Oroville, CA 95966 (530} 742-5284 Fax (530J 7=12-2955 Heather Scott, Principal Palermo School 7350 Bulldog Way Palermo, CA 95968 (530) 533-=1708 Fax (530J 533-7801 Kathleen Andoe, Principal Gentlepersons, Enclosed please find a copy of Resolution No. 12-05 regarding the Developer Fees established by the Palermo Union School District Board of Trustees at their March 21, 2012 Board Meeting. Also enclosed is a capy of the .lustification Study and a map of the District. The fees are scheduled to be effective .luly 1, 2012. Sincerely, '~ am Chiaxaento Superintendent SC:ph Golden Hills School 2.100 Yia Canela Droville, CA 95966 (.530) 532-6000 Fax (530J 534-7982 Carol Brown, Principal Enclosures An lquu! Oppurli iip 1'niplu~~er z .Cort~..L'eCUttt(X4 - £i~cetpped, car"F'"''"'rt, .Mativafecl RESOLUTION NO. 12-fly {March 21, 2fl12, Regular Meeting) A RESOLUTION OF THE GOVERNING BOARD OF THE PALERMO UNION SCHOOL DISTRICT ESTABLISHING SCHOOL FACILITIES FEES AS AUTHORIZED BY GOVERNMENT CODE SECTION 65945(b)(3) WHEREAS, Education Code Section 17620 authorizes the governing board of any school district to levy a fee, charge, dedication or other fornl 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 $3.20 per square foot of residential construction described in Government Code Section 65995(b){1) and $0.51 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 Palernlo Union School District and the Oroville Union High School District do, are required to share the maximum fees, and WHEREAS, the Palermo Union School District's 60% share of the maximum fees are $1.92 per square foot of residential construction and $0.31 per square foot of commercial and industrial construction; WHEREAS, the purpose of this Resolution is to approve and adopt fees on residential projects in the amount of $1.92 per square foot; and, WHEREAS, the purpose of tbis Resolution is to approve and adapt fees on commercial and industrial development projects in the amount of $0.31 per square foot. The rental self-storage category of canunercial/industrial justification has less impact and should be collected at the justified rate of $0.20 per square foot. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Governing Board of the Palermo Union School District as follows: 1. 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 March 21, 2012, 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 b6018 was available, was mailed at least fourteen (I4) 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 De>>eloper- Fee Justification Study dated February 2012 (hereinafter referred to as the "Study") which foi~rned the basis for the action taken pursuant to this Resolution. 2. Findings. Tile Board has reviewed the Study as it relates to proposed and potential development, the zesulting school facilities needs, the cost thereof, and the available sources of revenue including the fees provided by this Resolution, and based thereon and upon alI other written and oral presentations to the Board, hereby makes the following fmdings: 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 fhe 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 conunercial 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 Stucly 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 an which the fees are imposed; T. 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 malting 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 Endings, the Board hereby establishes the fee in the amount of $1.92 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 $0.31 per square foot for new commercial or industrial construction. The rental self-storage category of commerciallindustrial justification has less and should be collected at the justif ed rate of $0.20 per square foot. 4. Fee Adjustments anal 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 detem-uned 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 65428 of the Goverment 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-Boas 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 th lieu of the fees levied byway 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 fords 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, 2012, 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 Comrission and City Council of the City of Oroville. I0. 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 mare of its provisions maybe declared invalid subsequent hereto. APPROVED, PASSED and ADOPTED by the Governing Board of the Palermo Union School District this 2151 day of March, 2012, by the following vote: AYES: Walber Hancock, Marie Thomas, Terry Taylor & Thomas Robertson NOES: Susan Short ABSENT: 0 ABSTAIN: 0 President, Governing Board Palermo Union School District AST: Secretary, Governing Board Palermo Union School District Page A~6