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HomeMy WebLinkAbout4130_CCv0001.pdf RESOLUTION NO. 4130 A RESOLUTION OF THE CITY OF REDLANDS REQUIRING MITIGATION OF SCHOOL IrTACTION CAUSED BY RESIDENTIAL DEVELOPMENT WHEREAS, this City Council has conducted a public hearing pursuant to Section Four of City Ordinance No . 1795 , at which hearing authorized Redlands Unified School District representatives presented facts supporting that District ' s declaration that its school facilities are overcrowded and impacted; and WHEREAS, City Ordinance No . 1795 requires this Council to respond by resolution to this District presentation and to indicate concurrence or nonconcurrence therewith; WHEREAS , the California Supreme Court in the recent case of Candid Enterrises , Inc. v. Grossmont Union High School District va idated the autTiority of a-city or county under its poke power to impose in behalf of an overcrowded school district "school impact fees . . . to cover the costs of constructing and maintaining school facilities" such as the one here enacted; and WHEREAS , this resolution is enacted pursuant to such authority; and WHEREAS, the California Environmental Quality Act and the City' s Guidelines enacted thereunder require all new residential construction projects to mitigate to a level where no significant environmental effects would occur the adverse environmental impacts of such new construction on the City' s schools ; and WHEREAS, this resolution is enacted to satisfy that requirement and this Council finds that this resolution will mitigate potential significant or substantial adverse effects on an individual or cumulative basis down at least to a level of insignificance; and i WHEREAS, the City' s general plan requires the provision of adequate educational facilities , and the State Subdivision Map Act requires all new subdivisions to be consistent with this general plan; and WHEREAS , the voters of the City of Redlands earlier this month approved a special tax plan by which similar fees for school construction would have been enacted from new residential development and even from existing property owners , but that plan did not receive the requisite super- majority to go into effect ; NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Redlands as follows : SECTION ONE : Purpose. The purpose of this resolution is to adopt a schedule of fees to be imposed as a condition of approval of all residential development which will generate school-age children who will attend the schools of the Redlands Unified School District . For the purpose of brevity, abbreviated titles are sometimes used herein as follows : 1. Redlands Unified School District - "District" 2 . Board of Trustees of the Redlands Unified School District - "Board" 3 . City Council of the City of Redlands - "Council" SECTION TWO: Finding of Need. The Board of the District has requested assistance to help ameliorate the adverse effects of new residential development on their educational facilities and services . This Council finds that, in the absence of such assistance from developers of new residential units within the City of Redlands , the District will not have sufficient financial and other resources to provide adequate educational facilities and services to this City' s residents and that, therefore, without such mitigating assistance, such new residential developments would be inimical to the health and general welfare of City residents . This Council concurs that clear and convincing evidence according to requirements and definitions contained within Ordinance No. 1795 has been presented to substantiate the District ' s declaration of impaction. SECTION THREE: Findings of Benefit with Miti ation. This Council- also finds that new residential growth with educational and other impacts substantially lessened to an acceptable level can be beneficial to this City' s existing economy and residents . SECTION FOUR.: Conditions of Issuance of Building Permits . No residential building permit shall be issued without paying the fees established in Section Five, except the following will not be subject to any fees to the District : senior housing financed and/or subsidized by the federal government under Title II , Section 8 of the United States Code ; any remodeling or renovations which do not result in additional dwelling units ; any reconstruction of a legally established dwelling unit destroyed or damaged by fire, flood, explosion, act of God, or accident ; and industrial or commercial buildings . The construction of a single residence upon an existing lot of record shall not be subject to the payment of fees established in Section Five . Resolution No . 4130 Page two - SECTION FIVE: Amount of Fee. Any mitigation fee im- posed by the District s a1 .1 not exceed the amount of $2, 400 per single- family dwelling and $.1 , 600 per unit of a multi- family dwelling. Such fees shall be paid prior to the issuance of building permits authorizing construction of residential units . SECTION SIX: Waiver. The payment of fees pursuant to this resolution maybe waived by the District upon certi- fication from the District that a project proponent has reached agreement with the District to provide adequate mitigation of the impact of that residential development . SECTION SEVEN: Costs . The District shall hold the City harmless from ands all indemnify the City for any and all costs incurred in the administration or defense of the mitigation fee structure here established. Such indemni- fication shall include costs of defense and attorney' s fees . By acceptance of fees collected pursuant to this resolution, the District signifies its assent to this indemnification process . SECTION EIGHT: Effective Date. The provisions of this resolution shall beco me operative at the beginning of the business day on November 20 1985 , and shall apply to all developments approve and a subdivisions tentatively approved thereafter . This resolution shall also apply to all developments and subdivisions previously approved and conditioned as follows : "The Redlands Unified School District has completed the presentation of its case that there is impaction on the schools by future development . In the event that the City Council of the City of Redlands concurs with the alleged impact , then prior to issuance of any building permit on this project , the developer shall mitigate its impact on the facilities of. the Redlands Unified School by paying to the school district any fee or equivalent contribution then in effect in the City of Redlands and imposed by the City of Redlands ; such fee shall be no more than like fees imposed elsewhere in the school district. " This Council shall reexamine this resolution in ninety days to gauge its effectiveness in providing adequate school facilities for the children of Redlands and to determine the status of pending school impact fee litigation brought against this City by the District. Resolution No . 41 . 0 Page three - SECTION NINE : Certification and Publication. The City Clerk shall certify to the passage of this reso ution and shall have the same be published once in the Redlands Daily Facts , a daily newspaper hereby designated for that purpose. C1 MA OR OF THE CITY OF REDLANDS ATTEST: CLERK r I , Lorrie Poyzer, City Clerk, City of Redlands , do hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of November 1985 , by the following vote: AYES : Councilmembers Johnson, DeMirjyn, Larsen; Mayor Beswick NOES : None ABSENT: Councilmember Martinez ABSTAIN: None CM) CLERK r Resolution No . 4130 Page four -