HomeMy WebLinkAbout1997-05-13 - AGENDA REPORTS - LOCAL LAND USE AND SCHOLL FACI (2)..., - - >.
AGENDA REPORT
City Manager Approval
Item to be presented by:
Michael P. Murphy
CONSENT CALENDAR
DATE: May 13, 1997
SUBJECT: STATE LEGISLATION - LOCAL LAND USE APPROVAL
AUTHORITY AND SCHOOL FACILITIES MITIGATION
DEPARTMENT: City Manager
BACKGROUND
The Legislature is presently considering approximately nine bills which address the issue
of local land use approval authority and school facilities mitigation. All of these bills will
ultimately be funneled into a Conference Committee comprised of six members, three from
each house of the Legislature. None of Santa Clarita's representatives will sit on the
Conference Committee. The Conference Committee will then develop a consolidated
package of bills to be considered by the full Assembly and Senate. This process will likely
happen sometime this summer.
The primary focus of the bills is to repeal three key court decisions which, in essence,
provide local governments with the authority to consider and require mitigation- of
development impacts on local school districts as part of the land use approval process.
These mitigations may be over and above the statutory mitigation fees of $1.84 per square
foot for residential development and $0.30 per square foot for commercial development.
The three cases are Mira Development Corporation v. City of San Diego, William S. Hart
Union High School District v. Regional Planning Commission of Los Angeles County and
Murrieta Valley Unified School District v. County of Riverside.
Other central points under consideration include: lowering the voting requirement on
school bonds to a majority vote, statutorily capping developer fees at a higher level than
presently charged, requiring a 50% minimum local contribution and determining the
amount and timing of state school bonds.
Late last month, the League of California Cities, California State Association of Counties
and the California School Boards Association held a joint meeting in Sacramento. The
primary purpose of the meeting was to reinforce the critical partnership between cities,
counties and school districts, highlighting the importance of excellent schools to the
economic viability and overall quality of life for communities. Another component of the
meeting was to develop strategies for opposing the Building Industry Association's efforts
RA a 11. �, , A enda Item: C;2,
to legislatively limit or eliminate local land use authority with respect to school facilities
mitigation.
As the existing bills will likely take a significantly different form coming out of the
Conference Committee, it is appropriate for the City Council to outline general position
parameters: as opposed to endorsing specific legislation. Therefore, in keeping with past
policy positions of the City Council, the staff recommends that the City council adopt the
following points as integral to legislation in this subject area which the City Council
supports:
1. Oppose repeal of the Mira, Hart and Murrietta court decisions.
2. Support retention of local land use authority and the ability for
local governments to consider and act upon the impacts of new
development upon local school facilities.
Support a multi -prong approach toward school facilities mitigation
which includes state school bonds, local school district contribution
(which may include local bonds) and an appropriate developer
mitigation fee.
4. Lowering of voting requirement for local school bonds only from
two-thirds to simple majority (as presently enacted for statewide
school bonds).
RECOMMENDATION
Adopt general statement of position relative to local land use and school facilities
mitigation which includes: 1) opposition to repeal of Mira, Hart and Murrieta decisions, 2)
retention of local land use authority, 3) multi -pronged approach toward school facilities
mitigation, and 4) changing the voting requirement on school bonds only to a majority vote.
These points shall be transmitted to appropriate members of the Legislature, League of
California Cities and local school districts.
MPM.echfeea.d.