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HomeMy WebLinkAbout4158_CCv0001.pdf RESOLUTION NO. 4158 A RESOLUTION OF THE CITY OF REDLANDS REQUIRING MITIGATION OF SCHOOL IMPACTION CAUSED BY RESIDENTIAL DEVELOPMENT AND REPEALING RESOLUTION NO. 4157 WHEREAS, this City Council has conducted numerous public hearings pursuant to Section 4 of City Ordinance No. 1795, at which hearings authorized representatives of the Redlands Unified School District, representatives of residential developers , and members of the public have presented facts , opinion and argument supporting and opposing the District ' s declaration that its school facilities are overcrowded and impacted within the meaning of Ordinance No. 1795; and WHEREAS, City Ordinance No. 1795 requires this Council to respond by resolution to the District ' s presentation and to indicate concurrence or nonconcurrence therewith; WHEREAS, the California Supreme Court in the recent case of Candid Enterprises, Inc. v. Grossmont Union High School District validated the authority of a city or county under its police power to impose on 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 school fees collected pursuant to this resolution will mitigate potential significant or substantial adverse effects on an individual and cumulative basis down at least to a level of insignificance; and WHEREAS, the City ' s General Plan requires the provision of adequate educational facilities, and the state Subdivision Map Act requires all subdivisions to be consis- tent with this General Plan; and WHEREAS, the voters of the City of Redlands approved a special tax plan by which similar fees for school construction would have been exacted from new residential development and even from existing property owners; but that plan did not receive the requisite super majority to go into effect; and WHEREAS, on February 10 , 1986, the San Bernardino County Superior Court ruled that Resolution No. 4130 of this Council failed to make sufficient findings supporting the conclusion that school fees of $1600 per unit of multi- family dwellings and $2400 per single family dwelling would clearly mitigate to the level of insignificance the impacts of new residential construction on school facilities ; and WHEREAS, pursuant to the Court ' s directives the Council conducted an additional public hearing on March 4, 1986 at which time the School District and members of the public were allowed to present evidence and opinion with respect to the appropriate level of school impact mitigation; and WHEREAS, the City Council intends, desires and by this resolution expresses its best efforts to comply with the Superior Court ' s oral rulings; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: SECTION ONE: Recitals . The foregoing recitals are certified to be true. SECTION TWO: Purpose . The purpose of this resolution is to adopt a schedule of fees to be imposed as conditions of approval of all residential development which will generate school-age children who will attend the schools of the Redlands Unified School District . Resolution No. 4130 is hereby voided and superseded. 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 THREE: Finding of Need. The Board has requested assistance to help ameliorate the adverse effects of new residential development on their educational facilities. The Council finds that , in the absence of such assistance from developers of new residential units within -2- the City of Redlands, the District will not have sufficient financial and other resources available at the present time or during the next one-year period 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 the requirements and definitions contained within Ordinance No. 1795 has been presented to substantiate the District ' s declaration of impaction. However , the degree of impaction and the mitigation measures needed to alleviate that impaction have been the subject of continuing dispute between the City, the District and residential developers affected by the requirement of school fees. SECTION FOUR: Findings of Benefit with Mitigation. This Council also finds that residential growth with educational and other impacts reduced to a clearly insignificant level can be beneficial to the City' s existing economy and residents , and that such mitigation is necessary as provided herein to implement the City ' s General Flan. SECTION FIVE: Conditions of Issuance of Buildin Permits. No residential building permit shall be issued without payment of the school fees established in Section 6 of this resolution, except the following which will not be subject to any fees payable to the District: Senior citizen housing financed and/or subsidized by the federal government; 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, The construction of a single residence upon an existing lot of record; And construction of industrial or commercial buildings. For the purposes of this resolution, issuance of partial building, grading, or foundation permits shall not constitute "issuance of building permits" within the meaning of this resolution. It is the intention of the City Council by this resolution to adopt those provisions of the Uniform Building Code, including Section 303 (a) ( 1985 ed. ) , providing that applicants for partial building, grading or foundation permits proceed at their own risk, without any assurance that additional necessary building or other permits will be issued without compliance with all other provisions of state and local law, including payment of school fees. SECTION SIX: Amount of Fee. Any mitigation fee imposed by the School District will not exceed the amounts -3- i of $2 . 20 per square foot of living space provided that multi-family dwelling units shall pay no less than $1600 . 00 per unit and no more than $2900 .00 per unit, and provided further that single family residences shall pay no less than $2400 .00 per dwelling unit and no more than $3960 . 00 per dwelling unit. Such fees shall be paid prior to the issuance of the final building permit authorizing construction of residential units, but may be paid at an earlier time. SECTION SEVEN: Waiver . The payment of fees pursuant to the this resolution may be waived by the District upon certification from the District that a project proponent has reached agreement with the District to provide adequate mitigation of the impact of that residential development upon school facilities . Such waivers shall be manifested in writing and presented to the City prior to the issuance of any building permits . SECTION EIGHT: Effective Date. The provisions of this resolution shall supersede those of Resolution No. 4130 and shall be deemed operative as of November 20 , 1985 . This resolution shall apply to all developments approved and all subdivisions tentatively approved after that date. This retroactive application is made in reliance upon the directives of the Superior Court indicating that residential development projects situated similarly to the Deane Fro erties case, SBSC No. 228603 , and the subject of pending litigation brought by the Redlands Unified School District , would be disposed of similarly by the Superior Court . The Council by this provision expresses its intention to assure that all development approved and subjected to litigation by the School District will be treated in an even-handed manner . 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 the issuance of any building permit on this Project, the developer shall mitigate its impact on the facilities of the Redlands Unified School District 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 . " -4- I I This Council shall reexamine this resolution in one year to gauge its effectiveness in providing adequate school facilities for the children of Redlands and to deter- mine the status of pending school impact litigation brought against the City by the District . SECTION NINE: Findings. In addition to the foregoing findings, the City Council makes the following specific findings, conclusions and expressions of intention based upon the evidence presented to it during each public hearing and meeting at which school impact mitigation and school fees have been discussed, beginning February 19, 1985 and ending on March 4 , 1985 . 1 . The City Council hereby certifies that it has reviewed and considered the information contained in the School District ' s various informational packets, oral presentations , correspondence and memoranda. The City Council further certifies that it has reviewed and considered the information presented by the public, including the conflicting evidence with respect to school fee impacts presented by various residential developers affected by the school fee established herein. The City Council has further reviewed and considered staff reports presented to it, including the City Attorney ' s report dated March 14, 1986 , and hereby indicates its concurrence with the recommendations and conclusions presented therein. 2 . The City Council finds that the school impact mitigation fee established by this resolution will avoid or mitigate the effects of residential development upon the Redlands Unified School District to a point where clearly no significant effects will occur and further finds that there has been no substantial evidence presented to indicate that the fee established herein will not have such mitigating benefits . These findings are based upon the facts and materials presented to the City Council , and the analysis herein and in the City Attorney ' s staff report accurately represents the City Council ' s views on these materials . 3 . The City Council has concurred that the School District is impacted with overcrowding within the meaning of Ordinance No. 1795 . However , the degree of that impaction and the mitigation measures necessary to mitigate this impaction have been presented by the School District with very high degrees of uncertainty . Moreover , the expert opinion relied upon by the District has, with respect to student generation factors, costs of facilities, and projected residential growth within the School District over the next five years, been in direct conflict with expert opinion presented by City staff, members of the public, and -5- representatives of various developers on several occasions. In particular , the City Council finds no sub- stantial evidence justifying the School District ' s claim that a 7% inflation factor should be used when determining the costs of facilities , without consideration of the interest which will be earned by the School District on school fees collected, but unspent . The City Council is generally aware of presently available interest rates and finds that it is likely that the District will earn interest upon the school fees collected pursuant to this Resolution which will approximately cancel the cost-increasing effect of inflation and the cost of constructing school facilities . In addition, because the City Council will be reviewing this resolution at the end of one year, the Council specifically finds that there is no basis for considering inflation in the costs of facilities when establishing the present school fee. On the other hand, the City Council also finds that it need not consider the "'present value" of school fees collected, or the value of interest which may be earned by the District on these school fees before they are spent , for the reasons stated above. 4 . The high degree of uncertainty in the School District ' s figures, taken together with the conflicting evidence presented by members of the public and experts on student generation factors, costs of facilities, and growth projections, leads the Council to believe that school fees can be determined, on the present record, to fall within a wide range of specific figures ranging from a minimum of about $1600 per dwelling unit to about $4, 000 per dwelling unit . This range is based upon variations in student generation factors from . 14 students per dwelling unit to . 96 students per dwelling unit , dispute over the range of school facility costs, including but not limited to disagreement as to whether relocatable facilities only will be necessary during the next year ; and uncertainty in the projected growth forecast for Redlands and surrounding communities . The City Council, however , recognizes and finds that various elements within the School District and public presentations allow it to refine the appropriate fee to a more specific figure, taking into account the review which will take place in one year , and the District ' s need to complete a master facilities plan which specifically identifies facilities to be constructed which will directly benefit Redlands . 5 . The City Council finds that the District ' s recommended student generation factor of . 50 students per dwelling unit is both reasonable and conservative, based upon the evidence presented. The City Council further finds that substantial evidence has been presented to suggest that -6- smaller dwelling units having fewer bedrooms may generate fewer students than larger units with more bedrooms . The City Council finds that a more specific statement of the differing impacts of large and small dwelling units cannot be made upon the basis of the present record and evidence. The City Council further finds that this general recognition of the differing impacts of small and large dwelling units will assure a reasonable relationship between the impact of specific developments upon the School District and the school mitigation measures imposed. The City Council finds that it is within the School District ' s authority and responsibility to consider alternative mitigation measures upon the request of residential developers , when such request is supported by clear and substantial evidence indicating that the school fees established by this resolution are unnecessary to mitigate the impacts of the development in question, after due consideration of regional needs and the level of quality of schools desired by the District. 6 . The City Council hereby concurs with the School District ' s evidence to the effect that $25, 095 , 616 will be sufficient to construct schools capable of housing 3,668 students . This concurrence is based upon the December 1, 1984 school facilities study presented by William Davis of Davis-Duhaime Associates , the District ' s architects . 7 . The City Council hereby concurs with the School District ' s representation that about 2 ,000 "unhoused" students can be expected district-wide over the next five years. For the purposes of computing school fees, the City Council is relying upon the District ' s March 4, 1986 presentation which, at page 9 , stated that 2, 070 unhoused students would be generated during the next five years . 8 . The City Council concurs with the School District ' s representation that Redlands will contribute approximately 18 . 2% of the new students generated district- wide over the next five years. 9 . The City Council further concurs with the District ' s representation that approximately 5 , 495 dwelling units can be expected district-wide over the next five years. 10 . Applying the above-figures , and incorporating by reference the equations and figures set out in the City Attorney ' s Staff Report dated March 14 , 1986 , the City Council finds that school fees of $2 , 490 to $2 , 577 per dwelling unit , district-wide, assuming a . 50 student -7- generation factor and 5, 495 new dwelling units district- wide, would pay the full cost of school facilities necessary to house 2, 000 to 2 ,070 students . 11 . The City Council finds that the District is not presently in need of land for school sites, and that to this extent substantial mitigation of school facility needs has already occurred. The City Council further notes and finds that the School District has not requested the City Council to include the price of land in its school fee computations, having indicated that sufficient sites presently exist . 12. The City Council has reviewed and considered the discussion of alternatives contained in the City Attorney' s March 14 , 1986 staff report, and hereby concurs in that discussion. The City Council further notes, however , that it intends to assist the District in securing state school financing funds. The City Council recognizes that Redlands has never received school financing from the state, and that the present high quality of the Redlands school system is in part due to non-compliance with state school construction standards which may not be applicable to Redlands ' needs . The City Council further finds , and requests, that the District notify it of the sale of any property which might reduce the District ' s needs for developer fees . The City Council further finds that it has not relied upon any of the alternatives set out in Ordinance No. 1795 to reduce the amount of the school fee established herein. 13 . The City Council finds that its role in establishing school fees has been complicated by the District ' s failure to present a specific master facilities plan identifying the specific facilities upon which school fees collected in the City of Redlands may be spent . The City Council believes that school fees collected in Redlands should benefit the students of Redlands directly. 14 . The City Council finds that the School District ' s request for school fees in the amount of $2, 912 may be excessive, and further finds specifically that the School District ' s reliance upon an inflation factor to justify its school fee is not warranted. The Council believes, however , that the fee imposed herein, which will generate the approximate equivalent of $2912 per dwelling unit, is justified as necessary to build facilities of architectural value equivalent to the City ' s existing high quality schools. 15 . The City Council finds that the fees imposed -8- herein are equal to the District ' s requested sum. Under these circumstances, the City Council finds that the District should be reasonably required to defend its computations and policies. Therefore, the City Council finds and declares that as a condition upon the use or expenditure of the fees collected the District shall hold the City harmless from and shall indemnify the City for any and all costs incurred in the defense of the fees established herein. Such indemnification shall include costs of defense and attorney fees incurred as a result of litigation initiated by residential developers or their assigns . The City Council further finds that the expense associated with this contingent liability may reduce the net financial benefit of the fee, but that even as so reduced, the fee will clearly mitigate to the level of insignificance the impacts upon schools caused by residential development . The City Council further finds that but for this indemnification, it would not have adopted the fee structure set out herein. 16 . Resolution No. 4157 is hereby repealed. ADOPTED, SIGNED AND APPROVED this lst day of April, 1986 . Mayor of the City of Redlands ATTEST: ter" 2 City lerk I , Lorrie Poyzer, City Clerk of the City of Redlands , hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 1st day of April, 1986 , by the following vote : AYES : Councilmembers Larsen, Wormser; Mayor Beswick NOES : Councilmembers DeMirjyn, Johnson ABSENT : None City er -9-