Rocklin Municipal Code Ch. 15.24 School Impact Mitigation

A. The ordinance codified in this chapter is enacted under authority of Government Code Section 65974 for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development.

B. The council declares:

1. Public education is provided by school districts serving the area within the city boundaries ("the districts").

2. From time to time new residential development may cause overcrowding in one or more schools in the districts.

3. It is necessary that a method be available to provide the districts with interim classroom facilities when conditions of overcrowding exist, in order than education not be adversely affected.

(Ord. 507 § 1, 1983; Ord. 382 § 1, 1978).

In addition to the definitions set forth in Section 65973 of the Government Code, the following definitions apply:

A. "Board" means the board of trustees of a district.

B. "Declaration of impact" means a statement adopted by a board, and forwarded to the council, declaring the existence of an impacted school or schools, in accordance with the requirements of Section 65971 of the Government Code.

C. "District" means any school district whose boundaries encompass any part of or all of the city.

(Ord. 382 § 2, 1978).

A board may, from time to time, adopt a declaration of impact for any school or schools whose attendance areas are located wholly or partially within the boundaries of the city and file the same with the city manager or his designee for consideration by the city council. The contents of the declaration of impact shall be as required by Government Code Section 65971.

(Ord. 487 § 1, 1982: Ord. 382 § 3, 1978).

Upon receipt of a declaration of impact from a board, the city council shall consider the declaration and adopt a resolution stating its concurrence or nonconcurrence in the findings contained in the declaration. If the council concurs in the findings, the resolution shall prohibit the approval by the council or any officer, employee or commission of the city of new residential development within the attendance areas of the impacted school or schools pending compliance with Section 15.24.050 or Section 15.24.055. Except as provided in Section 15.24.045, a resolution concurring in a finding of impaction shall be valid only until December 1st following the date of adoption.

(Ord. 499 § 1. 1983: Ord. 487 § 2(A), 1982: Ord. 382 § 4 (part), 1978).

In November of each year, the council shall consider the reports submitted by a district pursuant to Section 1 5.24.060B and Government Code Sections 65976 and 65978. If, based on a review of the reports, the council determines that conditions of impaction still exist in schools for which a resolution concurring in a declaration of impact has been adopted and is in effect, the council shall extend the validity of the resolution for the period of time deemed appropriate, but in no event beyond one year from the date the resolution would otherwise have expired.

(Ord. 487 § 2(B) 1982: Ord. 382 § 4 (part), 1978).

A. The council shall require, as a condition of approval of new development within the attendance area of an impacted school, either the dedication of land, the payment of fees in lieu thereof, or a combination of both, in accordance with the provisions of Section 65974 of the Government Code.

B. The decision concerning whether to accept land, fees, or an appropriate combination shall be determined after consultation with the concerned board regarding the needs of the district as they relate to the impacted school or schools.

C. The amount of any fee shall be prescribed by resolution of the council and shall be collected at the time of issuance of a building permit.

(Ord. 382 § 5, 1978).

As an alternative to dedicating land and/or paying fees under Section 15.24.050, the concerned board may arrange for mitigation of school impaction by a separate agreement with an applicant for a new residential development. Submission of evidence of such an agreement at the time of issuance of a building permit shall be deemed compliance with the requirements of Section 15.24.040.

(Ord. 499 § 2, 1983).

A. Each district shall use the fees and/or land solely to alleviate the conditions of overcrowding within the affected attendance area.

B. Each district shall provide to the council the schedule and report required by Sections 65976 and 65978 of the Government Code.

(Ord. 382 § 6, 1978).

Nothing in this chapter shall be read to limit the right of the council to disapprove new residential development for any lawful reason, including, but not limited to, the impact that such development may have on a school or schools within a district which cannot be alleviated by the provisions of this chapter.

(Ord. 382 § 7, 1978).