Vacaville City Zoning Code
Division 14.14
SCHOOL FACILITIES IMPACT MITIGATION
§ 14.14.186.010 Title.
This division shall be known as the School Facilities Impact Mitigation Ordinance of the City of Vacaville.
§ 14.14.186.020 Purpose.
The Vacaville and Travis Unified School Districts which serve the school children of the City of Vacaville, have experienced rapid enrollment growth in recent years. This growth has resulted in an increased demand for new schools which has outstripped the amount of State funding available for the construction of new facilities. The City Council of the City of Vacaville has determined that, consistent with and arising from, their legislative authority, home rule, and police powers, that there is a necessity to institute a mitigation fee to provide a funding mechanism to ensure the needed construction of new school facilities in the City.
The regulations of this division are established to achieve the following:
A.
To reflect the City's commitment to high quality public school education by ensuring that the rate of construction of new school facilities is commensurate with the rate of growth of the City;
B.
To mitigate the impacts of new development on the school system consistent with the California Environmental Quality Act;
C.
To protect and promote the health and safety of school children by ensuring that adequate school facilities are available in order to avoid overcrowded classroom conditions;
D.
To implement the goals and policies of the Development Code and the General Plan.
§ 14.14.186.030 Reference to the California Government Code.
This division is intended to supplement Section 17620 of the California Education Code, regulating the levying of fees or other requirements against any development project for the purpose of funding the construction of schools. Where this division establishes more restrictive objectives and procedures that are unique to Vacaville and are consistent with the California Government Code, the more restrictive procedures shall apply. Any revision to Section 17620 that is applicable to this division, shall automatically be incorporated by reference into this division, provided that the revisions are not less restrictive than those required by the City. Further, the study in support of the local school fee shall be consistent with the provisions of AB 1600, California Government Code Section 61000, et.seq.
§ 14.14.186.040 Permitting Authority.
Permitting authority shall be as follows:
A.
The City Manager is authorized to approve, disapprove, or modify a Project Specific School Facilities Mitigation Plan, in accordance with the provisions of Section 14.14.188.020 of this division.
§ 14.14.186.050 Applicability.
The provisions of this division shall apply to any project requiring a building permit for any residential, commercial, or industrial use.
A.
The term "mitigation plan" shall include, but not be limited to, financing or construction measures which provide funds or structures, through purchase, sale, or lease-back, for permanent and interim school district facilities.
B.
The Vacaville and Travis Unified School Districts have the authority to collect a mitigation fee for non-residential and senior housing development, subject to the provisions of Section 65995 of the California Government Code and Section 17620 of the California Educational Code
§ 14.14.188.010 School Facilities Impact Mitigation Plan Required.
Prior to the issuance of a building permit for any residential, commercial, or industrial use, each applicant for said building permit shall submit a School Facilities Impact Mitigation Plan, which can consist of any one of the following:
A.
Project Specific Mitigation Plan. The applicant shall submit a mitigation plan to the Director, for approval by the City Manager, which specifically provides for the mitigation of impacts to the school system within either the Vacaville or the Travis Unified School District, whichever is applicable; or
B.
Development Agreement. A project specific mitigation plan, or other alternative form of mitigation, may be approved by the City Council as part of a development agreement, in accordance with the provisions of Division 14.17, Development Agreements, of this Title; or
C.
Signed Agreement. The applicant shall submit a signed agreement to comply with the mitigation plan requirement described in City Council Resolution No. 1992-J-2, on a form prescribed by the Director, and by so doing shall agree to pay such fees, or mitigation plan monies, as set by resolution of the City Council for each single-family and each multi-family residential unit; or
D.
Verification of Mello-Roos District. The applicant shall provide the Director with a written statement, signed by the Superintendent of the applicable school district, that the property which is the subject of the building permit application is included within a Mello-Roos Community Facilities District within the school district.
§ 14.14.188.020 Project Specific School Facilities Mitigation Plan Reviewed by City Manager.
The mitigation plan submitted in accordance with Section 14.14.188.010.A. of this chapter shall be reviewed by the City Manager, who may approve, disapprove, or modify the mitigation plan.
A.
The City Manager's decision on a mitigation plan shall be in writing and shall be based upon the funding and facilities needs identified in the reports attached to resolutions implementing the School Facilities Mitigation Plan, as amended from time to time and incorporated herein by this reference.
B.
In the event that the funding and facility needs are revised and approved by both the City Council and the Boards of Trustees of the applicable school districts by official action, the value of the facilities provided by an approved plan shall incorporate any such revisions.
§ 14.14.188.030 Receipt and Use of Funds.
Monies required from an applicant as part of a mitigation plan shall be paid to the applicable school district for school facilities prior to the issuance of a building permit by the City.
A.
Each school district shall pay such monies into the appropriate capital improvements fund such that all monies collected and interest thereon are used for said school facilities.
B.
The mitigation plan and costs associated therewith may be annually reviewed and updated, if so directed by the City Council, during the Growth Audit prepared in accordance with Division 14.05, Planned Growth, of this Title.
C.
Monies collected from non-residential uses or senior citizen housing, pursuant to Section 65995 et seq. of the California Government Code, shall be used to reduce the costs necessary to finance the mitigation plan.
D.
To the extent funds from the State of California are appropriated for school facilities addressed by this mitigation plan, such funds shall be paid to the district's building fund and shall reduce the amount needed to fund the mitigation plan.
