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HomeMy WebLinkAboutMINUTES - 10101995 - D1 TO: BOARD OF SUPERVISORS FROM: VAL ALEXEEFF, DIRECTOR GROWTH MANAGEMENT & ECONOMIC DEVELOPMENT AGENCY DATE: OCTOBER 10, 1995 SUBJECT: "WILL SERVE" CONDITION FOR SCHOOL DISTRICTS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: DIRECT staff to set December 12, 1995 as the hearing date for the "will serve" condition. FISCAL IMPACT: No impact on the General Fund. School fees may reduce development potential. BACKGROUND/REASONS FOR RECOMMENDATIONS: On September 19, 1995, the Board established the fee derived by negotiation between the five East County School District, the Hofmann Company for Discovery Bay West, and the BIA as a method for mitigating school impacts from new development for the projects that will be considered for legislative entitlements. From this time forward, mitigation standards should be clear. Many projects, however, received entitlements subsequent to change in the General Plan in December 1992 and have a"will serve" requirement placed on them. The "will serve" requirement means that they receive a letter from the school stating that there is adequate capacity to meet the needs of the development by the respective school district. CONTINUED ON ATTACHMENT: x YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _REC'OMMENDATION OF BOARD COMMITTEE _APPROVE _OTHER SIGNATUREN: ACTION OF BOARD ON 0.eri�IGfi /C�, /??S- APPROVED AS RECOMMENDED�OTIIER /0-t, r� . VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT �� COPY OF AN ACTION TAKEN AND ENTERED ON 'CITE X UNANIMOUS(ABSENT y ) MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN..,n AYES: NOES: U.rT.rILGEI ATTESTED ABSENT: ABSTAIN: PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR VA:dg BY _,DEPUTY willserv.ho Contact: Val Alexeeff(646-1620) CC: County Administrator County Counsel GMEDA Departments East County School Districts(via GMEDA) BIA(via GMEDA) Hofmann Company(via GMEDA) "Will Serve" Condition for School Districts October 17, 1995 Page 2 Question has been raised that this condition has not received adequate discussion and response from the developments that were affected and that applicants agreed to a"will serve" condition without anyone knowing what it could entail. This is why we have proposed an opportunity for a public hearing for everyone affected by "will serve" letters. This will give them a chance to come and make their case regarding this condition and adequate compliance with it. It is assumed that the fee negotiated between the Hofmann Company and the school districts, as a condition of approval, will be the preferred fee arrangement. We recommend that the Board set the hearing date for December 12, 1995, which should give everyone enough time to prepare their positions. We have attached our table of the projects(Attachment A)that are affected due to the timing of their entitlements. We have also attached the versions of"will serve" conditions that have occurred (Attachment B). ADDENDUM TO ITEM NO. D.1 OCTOBER 10, 1995 The Board considered the report of Val Alexeeff, Director of the Growth Management& Economic Development Agency,who spoke on the"will serve"condition. There was discussion on the hearing date proposed in the recommendation of the Report and the need to have staff report back prior to the hearing on the feasibility of an ordinance and/or other options that,may be available to resolve the unresolved issues. All persons desiring to speak were heard. At the conclusion of the discussion,the Board took the following actions: 1. FIXED November 14, 1995,for hearing before the Board of Supervisors relative to the"Will Serve"Condition for school districts;and 2. DIRECTED the Director,Growth Management and Economic Development Agency,to report to the Board on October 24, 1995,on the status of the preparations for the proposed hearing. I ATTACHMENT A � The school facilities general plan amendment was adopted on December 15, 1992. Since that time, projects had"will-serve" conditions. There are several versions of the conditions as indicated below. Version 1: Prior to recording a final map for Phase 1 of this development, "will-serve" letters from the Oakley Elementary School District and Liberty Union High School District shall be submitted to the Zoning Administrator. This condition was given to 2736-RZ, 2918-RZ, 2970-RZ, 2951-RZ. Version 2: The applicant shall secure a "will-serve" letter from the Liberty Union High School District and the Oakley Union Elementary School District prior to filing the final map. This condition was given to 3003-RZ, 2991-RZ, 2998-RZ, 2951-RZ, 2970-RZ. Version 3: Accommodation must be made of the additional enrollment of students that may be added to the Liberty Union High School District and the Oakley Union Elementary School District due to the changes that would be allowed by the site rezoning. This can be accomplished by several arrangements or combinations thereof, such as payment of school impact fees plus other contributions from the developer, provision of new facilities or formation of a funding mechanism such as a Mello-Roos District. Payment of school impact fees alone would not reduce this impact to a less than significant level because such fees are not sufficient to cover the cost of constructing new facilities. The contribution from the developer could take the form of portable classrooms, construction of facilities, or an additional fee, as is satisfactory to the Liberty Union High School District and the Oakley Union Elementary School District that has been agreed upon with the development coimnunity. This shall be accomplished prior to recording the final map for the project or any phase of the project. This condition was given to 2987-RZ. Version 4: Prior to recording the final map for this development, a"will-serve" letter from the Liberty Union High School District shall be submitted to the Zoning Administrator. In the alternative, submit evidence satisfactory to the Zoning Administrator that the applicant has complied with all legally established school facilities funding requirements. Prior to issuance of the building permit for each residential unit, applicant shall pay to Byron Union School District a fee of$2.75 per square foot of Assessable Space within the residential unit. the fee would be full satisfaction of the applicant's obligation to the School District pursuant to Sections 65995 et seq. of the Government Code for that unit. This condition was given to 2985-RZ (RZ933017) (FDP93020) 3017-RZ. Version 5: Prior to recording the final map for Phase 1 of this development "will-serve" letters from the Oakley Elementary School District and the Liberty Union High School District shall be submitted to the Conununity Development Department. The applicant and the Oakley Elementary School District are encouraged to enter into a short-term funding agreement prior to recordation of the subdivision map for Phase 1. The agreement could ensure that matching funds are provided for the completion of construction documents necessary for the District's application for State funding. The amount of short-tenn funding would be credited to the applicant's full school impact fees which are paid upon issuance of building pen-nits. The school site shall be acceptable to the Oakley Elementary School District. This condition was given to 2918-RZ. Version 6: Prior to recording the final map for this development, "will-serve" letters from the Byron Elementary School District and the Liberty Union High School District shall be submitted to the Zoning Administrator. In the alternative, submit evidence satisfactory to the Zoning Administrator that the applicant has complied with all legally established school facilities funding requirements. This condition was given to 2985-RZ. VA:dg school.con (8/95) \. 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