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HomeMy WebLinkAbout1991-09-24 - RESOLUTIONS - JT VENTURE SCHOOL FACILITIES (2)RESOLUTION NO. 91-143 A JOINT VENTURE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE BOARDS OF TRUSTEES AND GOVERNING ` BOARDS FOR THE WILLIAM S. HART UNION HIGH SCHOOL DISTRICT, SULPHUR SPRINGS UNION SCHOOL DISTRICT, CASTAIC UNION SCHOOL DISTRICT, NEWHALL SCHOOL DISTRICT AND SAUGUS UNION SCHOOL DISTRICT THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARDS OF TRUSTEES AND GOVERNING BOARDS FOR THE WILLIAM S. HART UNION HIGH SCHOOL DISTRICT, SULPHUR SPRINGS UNION SCHOOL DISTRICT, CASTAIC UNION SCHOOL DISTRICT, NEWHALL SCHOOL DISTRICT AND SAUGUS UNION SCHOOL DISTRICT DO HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Santa Clarita ("City"), the County of Los Angeles ("County"), William S. Hart Union High School District, Sulphur +-- Springs Union School District, Castaic Union School District, Newhall School District and Saugus Union School District ("School Districts") do hereby find, determine and declare: A. The Government code for the State of California, at section 65996, provides the exclusive methods of mitigating environmental effects relating to the adequacy of school facilities when considering the approval or establishment of conditions for the approval of development projects. B. Government Code section 65996 applies to the City, County and School Districts. C. Government Code section 65995 provides that no public agency shall deny the approval of a project on the basis of the adequacy of school facilities. D. Mira Development Corporation v. City of San Diego (1988) 205 Cal.App.3d 12101 and recent cases following it have found that the statutory definition of "development project" applies to adjudicative or administrative actions of the City and the County, and not to legislative actions, such as zone changes or general plan amendments. E. Mira and the recent cases following it have found that Government Code section 65996 deals only with the approval of adjudicative or administrative activity and that it makes no reference to legislative decisions. They further found that cities and counties are not constrained by Government Code section 65996 when making legislative decisions, and that, when making such legislative decisions, cities and counties may consider the adequacy of school facilities. F. For the purposes of this Resolution, the City, County and School Districts desire to establish a uniform treatment for the consideration of the adequacy of school facilities in connection with legislative approvals throughout the Santa Clarita Valley. G. For the purposes of this Resolution, the "Santa Clarita Valley" shall be coterminous with the boundaries of the William S. Hart Union High School District. H. Much of the undeveloped, unincorporated land in the Santa Clarita Valley is currently zoned for agricultural uses. As such, prior to residential development, the applicant shall apply for a zone change or general plan amendment, or both. These acts by the County are legislative acts. I. Some of the undeveloped property within the Santa Clarita Valley is properly zoned for residential development and therefore does not require any legislative act to permit residential development to go forward nor is it subject to any pre-existing condition requiring the mitigation of school .�. -2- impacts. Other undeveloped property is subject to pre-existing mitigation agreements with one or more of the School Districts which shall remain in full force and effect. In both cases, it is the intent of the City, County and School Districts that the School Mitigation Payment defined in Paragraph 2.0 of this Resolution shall not be required in order to develop the above - referenced property for residential purposes. SECTION 2. The City, County and School Districts do hereby resolve as follows: A. That City and County shall consider the adequacy of school facilities prior to granting any legislative act which would permit the construction of new residential development in the Santa Clarita Valley. B. Those development applications which have received prior legislative approvals and which contain a pre-existing condition for development which requires the mitigation of school impacts shall be required to pay the School Mitigation Payment defined in Paragraph 2.0 of this v Resolution for any building permits sought after the adoption of this Resolution. No additional payment of any sort shall be required as to any building permit for which the certification required by Government Code section 53080(b) has been provided by any of the School Districts prior to the adoption of this Resolution. C. Prior to any legislative act to permit residential development in the Santa Clarita Valley being approved, City or County shall require the particular developer to provide to the City or County and affected School Districts an executed agreement to provide payment for educational facilities, in the form set forth in Exhibit A to the Resolution, providing for the payment of an amount to mitigate the impacts related to the adequacy of school facilities (the "School Mitigation Payment"). -3- D. Payment of the School Mitigation Payment represents only a portion of the costs for providing school facilities as a result of approval of new development in the Santa Clarita Valley. The remaining portion of the costs shall be paid through participation in the State building program and other local or district -wide efforts. Except as may separately be agreed to between School Districts and a developer, the School Mitigation Payment shall be the exclusive method of mitigating the impacts related to the adequacy of school facilities resulting from the legislative acts permitting the construction of new residential development. E. The School Districts shall not oppose applications for development projects, which do not require any legislative act to permit residential development to go forward and which are not otherwise subject to any conditions requiring the mitigation of school impacts, on the basis of inadequate school facilities. The School Districts shall not oppose the legislative acts or the agreements to provide for financing educational facilities as set forth in this Resolution unless the Boards of Trustee or the Governing Boards of the School Districts adopt Resolutions determining that they can no longer adequately provide school facilities for new development with the School Mitigation Payment. No such Resolution shall be adopted until after written notice has been given to the City and County. F. The School Mitigation Payment for the fiscal year 1991-1992 is $2.50 per square foot of accessible area (as that term is defined in Government section 65995(b)(1) of new residential development. The amount shall be adjusted annually beginning June 1, 1992, shall be uniform throughout the Santa Clarita Valley for the City and the County, and such adjustments shall be based upon increases set forth in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics Index for all Urban Consumers in the Los Angeles -Anaheim -Riverside Metropolitan area �.. between January 1, 1991, and January 1, 1992 and every year thereafter. -4- G. The School Districts shall issue appropriate certifications to developers upon payment of the School Mitigation Payment for those developers who are required to pay it pursuant to this Resolution; upon payment of the amounts called for in any mitigation agreement between a developer and the School Districts; and upon payment of the school fees authorized by Government Code section 53080 and limited by Government Code section 65995 for all other developers. SECTION 3. The City Clerk, the Secretary for the Board of Supervisors, and the Secretaries of the Board of Trustees and the Governing Boards of the School Districts shall certify to the adoption of this Resolution. (Certifications and roll call vote forms to be attached by each jurisdiction.) PASSED, APPROVED, AND ADOPTED this 24th day of c&.RJCM ff , 1991. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF SANTA CLARITA) &ice / MAYOR I, Donna M. Grindev, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 24th day of September, 1991 by the following vote of Council: AYES: COUNCILMEMBERS: Darcy, Heidt, Klajic, McKeon NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boyer ABSTAINED: COUNCILMEMBERS: None -5- EXHIBIT A AGREEMENT TO PROVIDE FINANCING FOR EDUCATIONAL FACILITIES ("Developer") is the owner of real property located in the County of Los Angeles, State of California, described in Exhibit A attached hereto and incorporated herein by this reference ("Real Property"). 2. The Real Property is within the boundaries of the School District(s). 3. The rights and obligations contained herein shall run with the land and shall be binding on Developer, its successors and assigns, and all subsequent owners of all or any part of the Real Property. 4. The Real Property is going to be used as, or for the construction of, a residential project ("Project") pursuant to Zone Case Number 5. There is an unacceptable level of educational facilities operated by the School Districts in the Santa Clarita valley. The Project cannot currently be provided with an acceptable level of educational facilities. 6. The Project, both individually and cumulatively with other residential developments, will have a significant impact on the educational facilities of the School Districts. 7. Developer agrees to help pay for the necessary expansion of the School Districts, educational facilities resulting from the development of the Project. 8. The School Districts have calculated their financial needs for the expansion of the school facilities due to 06/21001/10ZO308.0 07/16/91 new residential development and have determined that it will require $2.50 per square foot of assessable space, as that term ` is defined in Government Code S 65995(b)(1) ("School Mitigation Payment"), to cover a portion of the costs of providing school facilities for new development. 9. Developer will not seek the issuance of building permits for the Project, absent certification by the School Districts of Developer's payment of the School Mitigation Payment. 10. The amount of the School Mitigation Payment shall be adjusted on June 11, 1992, and every year thereafter, based upon increases set forth in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics Index for all Urban Consumers in the Los Angeles -Anaheim - Riverside Metropolitan area. The adjustment shall reflect the changes in the Index between January 1, 1991, and January 1, 1992, and every year thereafter. 11. The provisions imposed by this Agreement are in consideration of the adoption of a zoning ordinance or other legislative approval by the Board of Supervisors of the County of Los Angeles permitting residential development on the Real Property and in the forbearance of the School Districts from attacking the validity of the ordinance. 12. The provisions imposed by this Agreement shall be effective only during such time that the zone classification or other legislative approval of the Real Property permits the �-- residential development described in paragraph 4 above, and K88/21001/102030l.D -2 - 07/16/91 related accessory uses, unless otherwise released by authority of the Board of Supervisors of the County of Los Angeles. Developer shall provide the School Districts with written notice of any request for such a release at the time any such release is requested. 13. The County of Los Angeles shall have the right to enforce by proceedings at law or in equity all of the provisions imposed by this Agreement, including without limitation, the right to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of its provisions, to enjoin or prevent them from doing so, and to cause any such violation to be remedied. 14. If Developer defaults in the performance or observation of any provision of this Agreement, Developer agrees to pay the County of Los Angeles all costs and fees incurred, including reasonable attorneys' fees, regardless of whether legal proceedings are instituted. In case a suit is instituted, Developer shall also pay the costs of suit, in addition to the aforesaid costs and fees. 15. The failure of the County of Los Angeles to enforce any of the provisions imposed by this Agreement shall not constitute a waiver of the right to enforce the same thereafter. KBO/21001/102070l.D -3- 07/16/91 16. The provisions of this Agreement shall inure to the benefit of, and be binding upon all of Developer's assigns, transferees, heirs and successors -in -interest. DEVELOPER By: Its: K38/21001/1020308.0 - 4 - 07/16/91 CASTAIC UNION SCHOOL DISTRICT Board of7h atees John W. Johnson - Irene L. Ma wy • Gloria E. Mercado - Jane S. Pederson - Jane Wakeham Lopez superintendent Scott Brown, Ed. D. RESOLUTION NO. 91-143 A JOINT VENTURE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE BOARDS OF TRUSTEES AND GOVERNING BOARDS FOR THE WILLIAM S. HART UNION HIGH SCHOOL DISTRICT, SULPHUR SPRINGS UNION SCHOOL DISTRICT, CASTAIC UNION SCHOOL DISTRICT, NEWHALL SCHOOL DISTRICT AND SAUGUS UNION SCHOOL DISTRICT I, Scott Brown, Secretary to the Board of Trustees of Castaic Union School District, do hereby certify that the attached original resolution was approved at our School Board meeting of January 16, 1992. Scott Brown, Ed..D. Secretary to the Board of Trustees Castaic Union School District 31616 North Ridge Rome - Casmic, California 91384 - District Office - 8057257-0551 FAX 805/257-5737 Mtn..