Folsom City Zoning Code
CHAPTER 17
100 SCHOOL FACILITIES FINANCING PLAN FOR NEW DEVELOPMENT
§ 17.100.010 Findings and purpose.
A.
The purpose of this chapter is to implement the general plan goals and policies and to provide for adequate capital school facilities and infrastructure to serve new residential development through the city. The city council finds that the existing school facilities are inadequate to accommodate the needs generated by projected new residential growth in the city, and that additional school facilities are needed to protect and promote the health, safety and welfare of school children. This finding is based upon data included in Folsom Cordova Unified School District, Folsom Attendance Area Nexus Study, dated November 4, 1992, as amended and supplemented (“Nexus Study,” dated November 4, 1992, and including supplemental information on the Nexus Study) and other information provided to the city council.
B.
The cumulative and growth-inducing environmental impacts of the facilities described in the Nexus Study have been identified in the final environmental impact report (EIR) prepared for the 1988 general plan. Prior to action on site-specific projects, subsequent environmental review will be undertaken as necessary pursuant to Section 15162 of the CEQA Guidelines, no new effects would occur as a result of this action beyond those identified in the general plan EIR, and no new mitigation measures are required. Therefore, the city council further finds that adoption of the zoning ordinance codified in this chapter is within the scope of the final EIR prepared for the city general plan project, and certified by the city council in Resolution No. 2522.
C.
Pursuant to general plan policies 11.5, 11.6, 11.7, 33.7, 40.1, 40.3, and similar policies and goals throughout the general plan, it is the city’s policy to require new development to pay its fair share of expansion of public facilities to serve new growth. The purpose of this chapter is to implement these general plan requirements and, under the authority of Article XI, Section 7, of the California Constitution and the authority of Title 7 of the Government Code, to establish the appropriate method of ensuring that sufficient funding for school facilities is available.
(Ord. 753 § 1 (part), 1992)
§ 17.100.020 Overlay zoning district.
There is created a school facilities financing overlay zoning district which will apply to all undeveloped land which is now or in the future zoned for residential purposes.
(Ord. 753 § 1 (part), 1992)
§ 17.100.030 Zoning consistency.
Notwithstanding any other provisions of this code, all approvals for building permits based on rezonings, prezonings, development agreements, tentative subdivision maps, parcel maps, use permits, or any other similar entitlement requested for the ultimate purpose of residential development for property within the city, must be consistent with this chapter. These regulations shall apply to building permits for projects with entitlements approved prior to the effective date of the ordinance codified in this chapter if such projects were previously conditioned upon mitigating school impacts of the project.
(Ord. 753 § 1 (part), 1992)
§ 17.100.040 Mitigation options.
Except as provided in Section 17.100.070, on and after the effective date of the ordinance codified in this chapter, each applicant for a building permit for residential development as listed in Section 17.100.030 shall do one of the following:
A.
Form or join a Mello-Roos community facilities district (“CFD”) to finance school construction and commit to a CFD tax which fully mitigates the impacts of the project on school facilities; or
B.
Pay a development fee for each dwelling unit’s fair share of its impact on capital facilities as established by the city council in its proposed school facilities fee resolution; or
C.
Comply with an approved mitigation plan which demonstrates how the development to which the entitlement applies is participating in a program to construct or fund permanent school facilities within the city.
(Ord. 753 § 1 (part), 1992)
§ 17.100.050 Definitions.
“Approved mitigation plan”
as used in this chapter, means a mitigation plan or program which fully mitigates the impacts of the project on school facilities and which is approved by the city manager or his designee (“city manager”). The city manager shall consult with the Folsom Cordova Unified School District in approving any such plan.
(Ord. 753 § 1 (part), 1992)
§ 17.100.060 Mitigation plan.
An approved mitigation plan may include facility financing, site dedication, phasing of development, reduction in density, a development agreement, or other methods to provide for permanent school facilities to fully mitigate the impact of the applicant’s residential development project on the school facilities in the city. An approved mitigation plan may also include participation in an assessment district or a Mello-Roos community facilities district. A combination of these different mechanisms may also be used.
(Ord. 753 § 1 (part), 1992)
§ 17.100.070 Administrative exemptions.
These regulations shall not apply to building permits for project with a tentative map, vesting tentative map, and development agreement approved prior to the effective date of the ordinance codified in this chapter, provided that the tentative map, vesting tentative map or development agreement did not include a condition for mitigation for impacts on school facilities. Moreover, nothing in this chapter shall prohibit these regulations from applying to such projects if existing entitlements expire and/or the applicant applies for a new approval subject to the provisions of this chapter. The city manager or his designee may issue regulatory guidelines to administratively implement this chapter.
(Ord. 753 § 1 (part), 1992)
§ 17.100.080 Credits.
If an applicant for a building permit has previously paid a school impact fee to the Folsom Cordova Unified School District for a fee imposed by the district pursuant to Government Code Section 53080, the applicant shall receive credit in the same amount toward payment of any fees paid pursuant to subsection B of Section 17.100.040.
(Ord. 753 § 1 (part), 1992)
§ 17.100.090 Appeal procedure.
The following appeal procedure shall apply to any decision regarding any regulation pursuant to this chapter.
A.
The city manager or his designee is responsible for interpreting this chapter. A decision by the city manager, regarding any regulation pursuant to this chapter, is appealable in accordance with this section. Any person seeking judicial review shall first seek an appeal hearing under this section.
B.
Any person appealing a decision under this chapter shall file a request with the city clerk within 10 days of the city manager’s decision. The city clerk is responsible for processing the appeal. The request shall be accompanied by a deposit for the reasonable estimated administrative costs of conducting the hearing, including the city’s legal fees. The appeal shall be in writing, stating the factual and legal grounds for the appeal, and shall be filed within ten calendar days following the action being appealed.
C.
The city manager shall schedule the matter for hearing before the city council within 60 days and notify the person appealing in writing of the time and place of the hearing. The hearing may be continued from time to time.
D.
The city council shall conduct the hearing and issue a written decision on the matter, including factual findings. The city council shall consider relevant evidence presented by the appellant and by the city manager, and may consider other information.
E.
The decision of the city council is final, and is not subject to reconsideration. It is reviewable by a court under Code of Civil Procedure Section 1094.5.
(Ord. 753 § 1 (part), 1992)
