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HomeMy WebLinkAbout3645_CCv0001.pdf RESOLUTION NO. 3645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS PROVIDING FOR MITIGATION OF SCHOOL IMPACTION AND OVER- CROWDING THE CITY COUNCIL OF THE CITY OF REDLANDS HEREBY FINDS AND DETER- MINES AS FOLLOWS: 1 . Prior to December 31, 1979 , the City Council of the City of Redlands received notification by Resolution of the Trustees of the Redlands Unified School District that its ability to meet the public educational needs is impacted, and that conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of the educational programs; that such conditions are referred to herein as "impaction; " and 2. That the result of such determination and concurrence of the City Council is that no building permits or sewer or water connections may be issued for residential construction until such conditions of impaction have been mitigated excluding remodeling and room additions to existing residential units; and 3 . That the Redlands Unified School District which has described and identified the impaction condition in its notifications to the City is the agency that must determine whether the impaction has been miti- gated, and to advise the City of Redlands as to the fact of mitigation by any applicant for a building permit, building permit application, or water or sewer connection; IT IS HEREBY RESOLVED BY THIS CITY COUNCIL AS FOLLOWS : SECTION 1. That all applications for residential building permits and sewer or water connections may be issued by the City of Redlands within areas of the City wherein impaction exists, as identified and described in any notification resolution by the Redlands unified School District, upon submission to the City of Redlands of a certification from said District that the applicant has adequately mitigated such impaction. SECTION 2. That all applicants who do not submit a certification of mitigation from the Redlands Unified School District shall not be entitled to a building permit or water or sewer connection from the City of Redlands. ADOPTED, SIGNED AND APPROVED this 15th day of January, 1980 . ATTEST: [�Mayor of e Ca of Re s j APPROVED FOR FORM: Citvwk City Attorney u� 0 .F,, -� 0)0 0zm •�� RI:St,I.0"I`lON NO. 'il U M RvJ laud U11111vd 5,'hoo1 district -2- Resolution No. 31 0r--i RIJILANDS UNTFIIid SC11001, DISTRICT 41 21 r-i Ri:tiUl.iTWN OF THE BUARD OF 'l'RUti'l'L1i5 OF REDLANDS UNIFIED WHEREAS, City Rusoluttun No. 3645 was enacted b the Cit Council after M 51 SCHOOL DISTRICT' APPROVING ML1'i1A'I'i0N OF IMPACTION OF Y Y 'i E"UBi.iC I:DUCA'fIONAI. FACILITIES AND 5L'RViCLs PURSUANT TO discussiuns with Board and stiff representatives of this District Indicating Q CITY OF REDLANDS PROPOSITION "R," ORDINANCE NO. 1680 —I Lt] AND RESOLUTION NO. 3645 that the District would be willing to provide certification of adequate 0 0 �4 :~ 0 impaction mitigation upon[ the voluntary payment by the developer of a new U AY WHEREAS, student population is increasing in this District, and most of :0 residential subdivision of an impaction mitigation fee of 1 his increase results from construction of new residential housing units within $ per square foot he District; and of planned residential construction, pursuant to Section 1V of City Ordinance Na. 1680; WHEREAS, in Lite absence of substantial assistance from the developers of NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the Redlands such new residential subdivisions, this District will not have the financial. 'esources sufficient to provide proper educational facilities and services for Unified School District as follows: ill schoolchildren residing in the District; and 1. The action taken by the City Council of the City of Redlands in enacting WHEREAS, the people of the City of Redlands enacted Proposition "R," and Resolution No. 3645, when put into effect, will provide adequate mitigation of :he City Council of the City of Redlands enacted Ordinance No. 1680 to implement school impaction pursuant to Section IV of City Ordinance No. 1680. Therefore, ?roposi[iun Of and the City's application of Resolution No. 3645 to the building permit allocations WHEREAS, Proposition "R" R" and Ordinance 1680 require restrictions on new and sewer or water connections contemplated pursuant to Ordinance No. 1680 will residential subdivisions upon certain findings b this Board or other meet the concerns set forth in District Resolution No. 58 regarding the additional p 6 y providers A public services; and impacts of proposed new City of Redlands residential construction on Inadequate WHEREAS, such findings were made by this Board in its Resolution No. 58, public educational facilities and services. July enacted on .lune 76, 1979; and 2. The finding by this Board In District Resolution No. 58 that the WHEREAS, in response to District Resolution No. 58, the City Council of the particular public service provided by this District would be impacted by the City of Redlands enacted Resolution No. 3645 on January 15, 1980, which resolution contemplated allocation of building permits pursuant to City Ordinance No. 1680 provides that all applications for building permits and sewer or water connections can be adequately mitigated by the procedure contemplated under City Resolution No. 3645. In the City of Redlands where impaction exists as set forth in District Resolution No. 58 shall not be approved until this District has c[,�rtifiNd that the. Impaction 3• This District is willing to participate in a voluntary plan under which from such permits rind/or connections has been aJequiitely mitigated; and developers pay Impaction mitigation fees to this District pursuant to written t. contracts between District and the developers. Based upon data available to this L board regarding projected enrollment and projected costs of providing adequate REDLANDS UNIFIED SCHOOL. DISTRICT Policy and Procedures for Receiving School Impaction Mitigatiou fees POLICY In order to mitigate the overcrowding of schools, the Redlands Unified School Distract will collect a ,51.00-per-square-foot fee on all new residential construction within the City of Redlands. PROCEDURES 1. The area to be assessed will be the living area of the new dwelling. Living area shall be defined as any space within the perimeter walls of the residence. 2. Each set of plans submitted to the school district must indicate the architect's computation of the number of square feet within the dwelling or dwellings using the method described -above in No. 1. 3. School district personnel will confirm the square footage of each dwelling or dwellings within the residential project. 4. A $1.00-per-square-foot fee will be assessed on the total square footage of each dwelling unit as computed above in No. 1. 5. The builder or agent will enter into a voluntary agreement with the school distract. The agreement will state the amount of fees required to nitigate the impacts of the builder's project. To be valid, this document must have the signature of the Superintendent or Assistant Superintendent for Business of the Redlands Unified School District. b. The school district will issue a letter confirming the builder's agreement to pay a mitigation fee. Prior to the issuance of a building permit, the builder will pay the mitigation fee to the school district. The district will issue a receipt and a Certificate of Mitigation to the builder. 7. The builder or agent may then submit the Certificate of Mitigation to the City of Redlands as proof the builder has satisfied the requirements of the district. 8. The builder shall submit a complete copy of the building floor plans for the permanent records of the school, district. 9. In the event the builder does not receive a boi.l.ding permit for the project, the builder shall be entitled to a complete_ refund of all moneys paid to the district. 9 Kedl,ands Unitied School District Policies and Frocedures for Receiving School Impaction Mitigation Fees RULES 1. The Business Services Department will determine the square footage and fee assessment for each project submitted. 2. The Business Services Department will be responsible for Maintaining all records and correspondence resulting in the process of collecting mitigation of overcrowding fees. 3. No variations of the procedures stated above will be implemented without the written direction of the Superintendent of Schools to do so. 4. No exemptions from the fees will be granted without specific direction from the Board of Education to do so. 5. Fees collected shall be kept in a separate restricted account and shall be used only for the planning, construction and furnishing, of new school facilities. 1/22/80 -2- City Manager - - the School District which was Planning Dept. referred to in the letter lb Building Dept. received yesterday. RKSOLUTWN No. 37 REDLANDS UNIFIED SCHOOL DISTRICT PROCEDURES FOR ACCEPTING MITIGATION OF SCHOOL IMPACTION PAYMENTS Developers may utilize any of the following procedures in making mitigation of impaction payments to the Redlands Unified School District: I . Present a certified check payable to the Redlands Unified School District to the Redlands Unified School District Business Office at the time the Certificate of Mitigation is to be issued. 2. Present a Guarantee of Payment Bond in the necessary amount, naming the Redlands Unified School District as Obligee, to the Redlands Unified School District Business Office at the time the Certificate of Mitigation is to be issued. Also, sign an agreement to pay the fee in full by cash or certified check within nine (9) months from the date the Certificate of Mitigation is issiied. 3. Present, at the time the Certificate of Mitigation is to be issued, a Bank or Savings and Loan Association passbook having an ai,iount on deposit sufficient to meet the mitigation fee, and naming the Redlands Unified School District as co-depositor. The passbook account shall specify that signatures of both named depositors shall be required to withdraw funds from the account . Also, sign an agreement to pay the fee in full by cash or certified check within nine (9) months from the date the Certificate of Mitigation is issued. February s, ipso Clerk - 1 80 REDLANDS UNIFIED SCHOOL DISTRICT 20 W.LucomiA AV[HUi[ P.O. Box 1008 RHDLANDB. CALIFORNIA 9237'1 1714) 793-2301 0. orrice os THE AUPVRiliTENDKHT January 23, 19130 The honorable Citv Council City of Redlands 30 Cajon Redlands, CA 92313 RE: Impaction Mitigation Fee Pursuant to Ordinance aro. 1680 and Resolution No. 3645 The Board of Trustees of the Redlands Unified School District extends its sincere thanks to the City Council for its invaluable assistance in providing adequate school facilities and services to tht. chj1dreI1 of the City by its enactment of Resolution No. 3645. Enclosed is the responding, resolution enacted by our Board which sets up the procedure for implementing your Resolution No. :3645 as it applies to building permit allocations and sewer and water connections approved under your Ordinance No. 168.9 and Proposition "R. " We contemplate entering into a voluntary agreement with a residential developer and providing certification of adequate mitigation of school impaction on the basis of the execution of that. agreement. We. then are willing to wait for actual payment of fees until. the developer is ready to pull his building permit: or connection approval , at which time we assume the developer will pay the fees required direct Ly to the District and the District will give trim a reccint which he can then use to show the City that the payment has been made. We assume that the City will not issue any such permits or approvals without the developer's proffering such a receipt. Again, we thank you sincerely for your assistance in this crucial matter. Sincerely, Perry 'H. Dvke, 1�rpsident Board of Education Is Enclosures REESOLUT ION NO. 31 KEDLANDS LJNi! lIED SCHOOL DISTRICT lL1:5111.€1'I'1 t1N OF '!'!if': iit)ARl1 OF °i'R€1S'l'EES ()E' RL D1.AND5 UN1F IiaD SCHOOL DISTRICT APPROVING i i-rit;ATION OF IMPACTION OF PUBLIC EDUCA'€'TONAL FACiLl'IIES AND SERVICES PURSUANT TO CITY OF REDLANDS PROPOS ETION "R," ORDINANCE NO. 1680 AND RESOLUT(ON NO. 3645 WHEREAS, student population is increasing in this District, and most of Chis increase results from construction of new residential housing units within elan District ; and WHERFAS, in the absence of substantial assistance from the developers of such new residential subdivisions, this District will not have the financial. resources sufficient to provide proper educational facilities and services for all schoolchildren residing in the District ; and WHEREAS, the people of the City of Redlands enacted Proposition "R," and the City Council of the City of Redlands enacted Ordinance No. 1680 to implement Proposition "R;" and WHEREAS, Proposition "R" and Ordinance 1680 require restrictions on new residential subdivisions upon certain findings by this Hoard or other providers of public services; and WHEREAS, such .findings were made by this Board in its Resolution No. 58, duly enacted on June 26, 1979; and WHEREAS, in response to District Resolution No. 58, the City Council of the City of Redlands enacted Resolution No. 3645 on January 15, 1980, which resolution provides that all applications for building; permits and sewer or water connections in the City of Redland; where impaction exists as set forth in District Resolution No. 58 shall not be apprc"ved until this District has certified that the impaction from such permits and/or connections has been adequately mitigated; and Redlands Utii f led Sc•laoo1 D[Strict -2- Resolution No. 31 WIIL;EiEAS, City Rcsoliition No. 3645 was enacted by the City Council after discussions with Board and staff representatives of this District indicating, that the District would be willing; to provide certification of adequate impaction mitigation upon the voluntary payment by the developer of a new residential subdivision of an impaction mitigation fee of $1 per square foot of planned residential construction, pursuant to Section IV of City Ordinance No. 1680; NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the Redlands Unified School. District as follows: 1. The action taken by the City Council of the City of Redlands in enacting Resolution No. 3645, when put into effect, will provide adequate mitigation of school impaction pursuant to Section IV of City Ordinance. No. 1680. Therefore, the City's application of Resolution No. 3645 to the building permit allocations and sewer or water connections contemplated pursuant to Ordinance No. 1680 will meet the concerns set forth in District Resolution No. 58 regarding the additional impacts of proposed new City of Redlands residential construction on inadequate public educational facilities and services. 2. The finding by this Board in District Resolution No. 58 that the particular public service provided by this district would be impacted by the contemplated allocation of building permits pursuant to City Ordinance No. 1680 can be adequately mitigated by the procedure contemplated under City Resolution No. 3645. 3. This District is willing to participate in a voluntary plan under which developers pay impaction mitigation fees to this District pursuant to written contracts between District and the developers. Based upon data available to this Board regarding projected enrollment and projected costs of providing adequate lit-11 Lands UniI ivct St-Iioo1 1)i-,Lric'L - l- tt'tiolutif)lr 140.. '31 schooL fJI'iIi[. i(25 a[ILI SCI'ViCes, this Beard hereby finds that the amount of $1 per square toot tit reside.-titial c•onsLruc•tiun, pcjid at the time the building permit or sewer or water connection ptrmlt is issued, is a sufficient amount to provide adequate impaction mitig:lLion pursuant to City of Redlands Proposition "R," Ordinance No. 1680 and Resolution No. 3645. 4. Any fees offered to the District by developers pursuant to City Resolution No. 3645 shall be offered voluntarily. The District shall exercise no coercion or compulsion upon any developer to pay such fees. The District shall provide certification of adequate impaction mitigation to a developer immediately upon execution by that developer of a contract between the developer and the District providing for the payment of such fees at the time of building permit or water or sewer connection. Such payment shall be made directly to the District, and the District hereby requests that the City of Redlands not issue any building permit or sewer or water connection allocated pursuant to Ordinance No. 1680 without requiring the developer seeking such permit or connection to provide evidence in the form of a written receipt from the District that such impaction fees have been paid, DATED: January 22, 1980 T 7 Y ✓t-� ► AYES: 5 NOES: 0 ABSENT: 0 ABSTAIN: 0 I REDLANDS UNIFIED SCHOOL DISTRICT 20 W. LU5ONtA AVENUE P.O. Box 1008 REDLANDS, CALIFORNIA 92373 _ (714) 793-2301 OPFME Or THE 9UPERINTENDLNT PRELIMINARY AND CONTINGENT CERTIFICATE OF ADEQUATE MITIGATION OF IMPACTION This will certify that (Developer) has adequately mitigated the impaction upon the Redlands Unified School District of Developer's proposed residential construction of dwelling units by voluntarily executing an agreement with the District providing for the payment of mitigation fees. This certification is provided pursuant to City of Redlands Resolution No. 3645, and is given only because Developer will pay District fees adequate to mitigate the additional impacts which Developer's construction will impose upon the educational facilities and services of District. DATE: SIGNED: Authorized District Representative (SEAL) REDLANDS UNIFIED SCHOOL DISTRICT 20 W. LUGam1A AVENUE P.O. BOX 1003 REDLANDS. CALIFORNIA 82373 �'• y (714) 783-2301 OFFICE OF THE SUPt RINT[NORNT January 23, 1980 Mr. Chris Christiansen City Manager City of Redlands 30 Cajon Redlands, CA 92373 Dear Chris; T am enclosing a copy of the policy and procedures adopted by the Board of Education to ,govern the way in which we receive the school impaction mitigation fees. Interim arrangements are under review and will probably need to be refined at a later meeting. if you have any suggestions that would facilitate cooperation between the City and the School District, we would be grateful to receive thele. Again, thank you and the City Council for your cooperacion in thi:3 matter. Sincerely,---' Thus C. Boysen Superintendent TCB:ls Enclosure cc; Board of Education, City Council REDLANDS UNIFIED SCHOOL DISTRICT Policy and Procedures for Receiving School Impaction Mitigation Fees POLICY In order to mitigate the overcrowding of schools, the Redlands Unified School District will collect a $1.00-per-square-foot fee on all new residential construction within the City of Redlands. PROCEDURES 1. The area to be assessed will be the living area of the new dwelling. Living area shall be defined as any space within the perimeter walls of the residence. 2. Each set of plans submitted to the school district: must indicate the architect's computation of the number of square feet within the dwelling or dwellings using the method described above in No. 1. 3. School district personnel will confirm the square footage of each dwelling or dwellings within the residential project. 4. A $1.00-per-square-font fee will be assessed on the total square footage of each dwelling unit as computed above in No. 1. 5. The builder or agent will enter into a voluntary agreement with the school district. The agreement will state the :amount of fees required to mitigate the impacts of the builder's project. To be valid, this document must have the signature of the Superintendent or Assistant Superintendent for Business of the Redlands Unified School District. 5. The school district will issue a letter confirming the builder's agreement to pay a mitigation fee. Prior to the issuance of a building permit, the builder will pay the mitigation fee to the school district. The district will issue a receipt and a Certificate of Mitigation to the builder. 7. The builder or agent may then submit the Certificate of Mitigation to the City of Redlands as proof the builder has satisfied the requirements of the district. 8. The builder shall submit a complete copy of the building floor plans for the permanent records of the school district. 9. In the event the builder does not receive a building permit for the project, the builder shall be entitled to a complete refund of all moneys paid to the district. -1- Redlands Unified School District Policies and procedures for Receiving School Impaction Mitigation Fees RLTLES 1. The Business Services Department will determine the square footage and fee assessment for each project submitted. 2. The Business Services Department will be responsible for maintaining all records and correspondence resulting in the process of collecting mitigation of overcrowding fees. 3• No variations of the procedures stated above will be implemented without the written direction of the Superintendent of Schools to do so. 4. leo exemptions from the fees will be granted without specific direction from the Board of Education to do so. 5. Fees collected shall be kept in a separate restricted account and shall be used only for the planning, construction facilities. and furnishing of new school 1/22/80 r2_