Rio Vista Municipal Code Ch. 3.32 School Mitigation Fees

This chapter is adopted pursuant to the general powers reserved to the city for the purpose of implementing the goals, policies and objectives of the city's general plan, in the area of school facilities, and mitigating the impacts caused by new residential development upon the school facilities presently or in the future to be located in the boundaries of the River Delta Unified School District (the "school district"). In general, said goals, policies and objectives require that there be provided to residents in the school district adequate school facilities. The school district had made and will continue to make every effort to obtain impact fees throughout the school district's boundaries in an effort to meet the goals, policies and objections described herein. These efforts include but are not limited to impact fees within the Solano, Yolo and Sacramento County areas. In furtherance thereof, this chapter authorizes impact fees to be assessed upon the owners developing residential property located within the district in order to provide the funds which will be necessary to construct and install public school facilities and acquire related land required to meet the needs of and address the impacts caused by the additional persons residing in the school district as a result of such development activity. It is the intent and purpose of the city to protect and promote the public health, safety and welfare by establishing fees designed to ensure that adequate school facilities are constructed and installed and by conditioning legislative approvals relating to residential development within the school district with a requirement to pay such fees.

(Prior code § 27-1)

Unless the contrary is stated or clearly appears from the context in which a term is used, the following definitions set forth in this section shall govern construction of the words and phrases used in this chapter:

"Development"

means the uses to which property will be put, the buildings and improvements to be constructed on it, and the construction activities incident thereto, together with the process of obtaining all required land use entitlements.

"Development project"

means any project undertaken for the purpose of development, exclusive of projects undertaken by or for public agencies, including, without limitation, schools and parks.

"Dwelling unit"

means any building or portion of a building used or designed for use as a residence by an individual or any group of individuals living together or as a family as further described at Section 3.32.060 of this chapter.

"General plan"

means the general plan of the city, as adopted by the city council, as such plan may be amended from time to time.

"Government Code"

means the Government Code of the state of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of the ordinance codified in this chapter, or as may thereafter be amended or renumbered from time to time.

"Nexus study"

means the report prepared by the school district, entitled "River Delta Unified School District Facilities Master Plan," dated June, 1995, approved by the school district's governing board, including the other studies, reports, and other supporting data referred to and relied upon in the study, as such study exists as of the date of the adoption of the ordinance codified in this chapter, or as may thereafter be amended or supplemented from time to time.

"School facilities fee or fees"

means the development impact fee designed to pay, in part, the costs of construction and installation of school facilities, and which is established pursuant to Section 3.32.030 of this chapter.

"School facility or facilities"

means school improvements and facilities to be constructed and installed by the school district to mitigate the impacts on school facilities caused by residential development within the school district the costs of which are to be financed in part by the school-fee program provided for herein. The term "school facilities" shall include the planning, design, procurement of land, building, furnishing, equipment and services relating to such improvements and facilities. "School facility" means the singular of school facilities.

(Prior code § 27-2)

A. A school facilities fee is established and imposed pursuant to the provisions of this chapter to finance the cost of the school facilities necessitated by development within the school district and the boundaries of the city.

B. The city council, by resolution, shall establish the specific initial and subsequent amount of the school facilities fee pursuant to this section and make the additional findings required under Section 3.32.040 of this chapter in establishing the amounts of the fee. In addition, the city council, by resolution, may adopt additional provisions, procedures and policies to implement the school facilities fee.

(Prior code § 27-3)

At the time it considers the amount of the school facilities fee established pursuant to Section 3.32.030, or at the time of amending such fee, the city council shall adopt the amount of such fee if it makes the following findings in support of such fee:

A. A finding that such fee has been determined and calculated in the manner consistent with the general plan, and the nexus study; and

B. The following additional findings required by Section 66001 of the Government Code which demonstrate that there is a nexus between the school facilities for which such school facilities fee is imposed and the need for such improvements created by the development of residential property within the school district and the county upon which the fee is imposed:

1. Findings which identify the purpose of the fee,

2. Findings which identify the use to which the fee is to be put,

3. Findings which demonstrate that there is a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed,

4. Findings which demonstrate that there is a reasonable relationship between the need for the school facilities and the type of development project on which the fee is to be imposed, and

5. Findings which demonstrate how there is a reasonable relationship between the amount of the fee and the cost of the school facilities, or portion of such school facilities, attributable to the development project on which the fee is imposed;

C. In making the findings pursuant to this section and any other findings, the city council may consider all matters, whether offered orally or in writing, presented at the hearing or hearings conducted for the purpose of establishing or amending the fee, and any and all oral and written material presented to the city council in connection with the adoption, approval, or amendment of the general plan, and the nexus study.

(Prior code § 27-4)

A. At the time of setting the initial amount of the school facilities fee, or at the time of amending such fee, the city council shall hold a public hearing on the proposed fee or proposed amendment of fee as required by Sections 66016, 66017, and 66018 of the Government Code.

B. The effective date of any resolution adopted by the city council which established or amends, as the case may be, the amount of the school facilities fee shall be established pursuant to Section 66017 of the Government Code.

(Prior code § 27-5)

A. The school facilities fee shall be imposed and calculated upon the owners of residential real property located within the school district and the city based upon the occurrence of any of the following types of residential development:

1. The construction of a new residential building containing one or more dwelling units; or

2. The construction of alterations or additions to an existing building on the property which adds more than 500 square feet to such building.

B. Except as may be expressly provided in this chapter, no permits or extension of permits relating to the activities described in subsection (A)(1) or (2) of this section shall be granted unless and until evidence of the payment of the school facilities fee is presented to the city building inspection department from the school district pursuant to Section 3.32.100.

C. Notwithstanding anything to the contrary set forth in subsection A of this section or in any other provision in this chapter, the school facilities fee shall apply to any residential development project as a condition to the issuance of a building permit for such project.

(Prior code § 27-6)

The payment of the school facilities fee pursuant to this chapter shall be made a condition to approval of legislative acts in connection with residential development projects within the city and the school district, including, without limitation, approval of annexations, zoning changes, amendments to the general plan, and the approval or amendment of applicable specific plans.

(Prior code § 27-7)

The following shall be exempted from payment of the fees established by this chapter:

A. The alteration, renovation, or expansion of an existing residential building where no additional dwelling units are created, the use is not changed and any increase in the size of the existing unit is 500 square feet or less;

B. The replacement of a destroyed or partially destroyed or damaged residential building with a new residential building where such replacement building does not increase the building area.

(Prior code § 27-8)

The methodologies set forth in the nexus study shall be used as the basis to set the amount of school facilities fee pursuant to any resolution referenced under subsection 3.32.030(B). The amount of the fee due from any landowner shall be calculated from the actual residential uses of land proposed by the landowner. Applicants for residential building or other development permits shall include plans and calculations prepared by the applicant or applicant's agent, specifying data necessary to calculate the fee, including, without limitation, each proposed residential land use, the square footage of each use, and other relevant data as may be required by the building inspection department of the city. All fees due under this chapter shall be determined based upon data submitted by the applicant to the building inspection department of the city. The calculation of all fees shall be performed by the school district.

(Prior code § 27-9)

A. The school facilities fee shall be paid for the property on which a residential development project is proposed directly to the school district. The school district shall issue evidence of payment of the fee in a form acceptable to the building inspection department of the city.

B. Evidence of payment of the school facilities fee shall be presented to the city building inspection department at the time of the issuance of any required building permit relating to such development.

(Prior code § 27-10)

The city council, by resolution, shall revise the school facilities fee annually in accordance with the Building Cost Index of the Engineering News Record (the "ENR") and may, from time to, revise the fee to take into account any changes in school construction costs not reflected in the ENR, or changes in land values, student generation rates, and the nexus study. Any revision in the fees shall be consistent with the school impact fee program and the nexus study. The school district shall provide notification to the city within 90 days of any changes in the underlying justification used for calculating the fees, including but not limited to state revenue received by the school district or changes in the state authorized fees.

(Prior code § 27-11)

The provisions of this chapter shall not release any owner of residential property located within the school district and the city from the obligation of paying other applicable fees relating to development of property, including, without limitation, the application fees, processing fees, other school mitigation fees, or other development fees within the control of the city, from complying with any public facility improvement requirements which are imposed pursuant to applicable law, and from complying with any requirement to dedicate property for public use pursuant to applicable law.

(Prior code § 27-12)

Any and all amounts of the school facilities fee or fees established and collected pursuant to this chapter in excess of the amount of such fee or fees mandated by the state of California, shall be used only for the construction and/or installation of school improvements and facilities within that portion of the school district located in Solano County. Further, any and all revenue derived from the school facility fee or fees in excess of the amount of such fee or fees mandated by the state of California shall not be diverted to other portions of the school district outside of Solano County. Pursuant to this chapter, such fees in excess of the fee amounts mandated by the state of California are to be spent solely within the Solano County portion of the school district.

(Prior code § 27-13)