Chapter 15.132

BUILDING PERMITS FOR DWELLING UNITS IN IMPACTED SCHOOL AREAS

Sections: 15.132.010 Legislative intent. 15.132.020 Definitions.

15.132.030 Application.

15.132.040 Qualification.

15.132.050 Processing of applications for building permits.

15.132.060 Use of funds and/or facilities.

15.132.070 Statement relating to availability of schools.

15.132.080 Regulations.

This chapter is adopted pursuant to Government Code Section 65974. (Prior code § 67.01.100)

For the purpose of this chapter the following definitions shall apply:

"Affected school district" means a school district which contains an impacted school.

"Attendance area of an impacted school" means the attendance area for an impacted school as defined by the governing board of the district involved. "Certificate of mitigation" means correspondence from an affected school district indicating that mitigation has been provided by the developer in accordance with the schedule of mitigation approved by the council. "Certificate of waiver of mitigation" means that correspondence from an affected school district waiving the responsibility for mitigation for a developer of a proposed development indicating that in accordance with the schedule of mitigation and due to circumstances applicable to the particular development no mitigation is required.

• "Council" means the city council of the city of Sacramento.

• "Declaration of impaction" means the resolution the governing board of a school district submits to the council declaring the district to be an affected school district.

"Developer" means the person or legal entity seeking to develop land within the attendance area of an impacted school.

• "District" means school district.

"Dwelling unit" means a group of rooms or a single room with kitchen facilities occupied or intended for occupancy as separate living quarters by a family or other group of persons living together, or by a person living alone, and includes a mobilehome.

• "Governing board" means the governing board of a district which has school attendance area within the city of Sacramento.

• "Impacted school" means a school whose total enrollment, including enrollment from proposed development, exceeds its rated capacity.

"Mitigation" means that relief or abatement required for a particular impacted school or affected school district, and may include, among other things, an obligation on the part of the developer to dedicate land in fee to the school district for use as school sites and/or to finance and build or provide the needed school buildings, buses or other facilities. "New dwelling unit" means newly constructed dwelling units including additional dwelling units added to an existing structure. "New dwelling unit" does not mean the rehabilitation or alteration of an existing dwelling unit. "Rate capacity" means that capacity determined by the governing board of a school district to be the maximum acceptable enrollment in a school facility based on the governing board's policies and programs. "Schedule of mitigation" is a program developed by the governing board of a district and adopted by the council which sets forth in detail mitigation measures deemed appropriate by the governing board.

• "Supportive findings" means those facts, policy statements and assumptions the governing board of a district uses to determine rated capacity and to declare a school impacted.

"Temporary school facilities" means classroom sites, buses, or other structures or programs necessary to accommodate students from new dwelling units within attendance areas of impacted schools. (Prior code § 67.01.110)

Notwithstanding any provisions to the contrary in this code, the provisions of this chapter shall apply to the issuance of building permits for the construction of new dwelling units within the attendance area of an impacted school. (Prior code § 67.01.120)

Any public school district for any or all grades, kindergarten through twelfth, which has part of its school attendance area within the city, is eligible to participate in the procedures herein by filing a declaration of impaction resolution and other required documents as provided in this section.

A. Declaration of Impaction. Each district which has an impacted school shall qualify to participate in the procedures herein by filing a declaration of impaction in the form of a resolution of the governing board. The resolution shall demonstrate, among other things, that the governing board has acted upon, or rejected, the options listed hereafter as means of alleviating or avoiding the effect of new or proposed development. The options include but are not limited to:

1. Temporary buildings;

2. Busing;

3. Double sessions;

4. Extended day program;

5. Year-round school attendance;

6. Open enrollment;

7. School boundary realignments;

8. Elimination of low priority uses;

9. Increasing the tax rate.

B. Schedule of Mitigation. The district, at the time of filing the declaration of impaction, shall also, submit a detailed program of mitigation proposed for each impacted school within the district. The program shall, among other things, set forth the projected costs for the district to provide temporary school facilities as well as measures proposed to recover the projected costs. The form and content of the material to be submitted pursuant to this subsection shall conform to city requirements adopted by regulation.

C. Processing Schedule. The initial notice of findings, declaration of impact resolution and the schedule for mitigation may be filed at any time during the year. But thereafter any notice of findings and declaration of continued impact shall be filed within sixty (60) days prior to the first day of July covering the next twelve (12) month period. However, until the council acts on the notice of findings and declaration of continued impact, the previously approved declaration of impact and schedule for mitigation shall remain in effect until not later than the first day of October of that year. The council shall take no action on any notice of findings and declaration of impact or continued impact until the findings have been made available to the public for sixty (60) days. A declaration shall have no effect upon the issuance of building permits until it is adopted by the council. A declaration of impaction may be amended at any time in the same manner in which it is initially filed. The previous declaration shall remain in effect until the council has taken final action on the amendment.

until the findings have been made available to the public for sixty (60) days. A declaration shall have no effect upon the issuance of building permits until it is adopted by the council. A declaration of impaction may be amended at any time in the same manner in which it is initially filed. The previous declaration shall remain in effect until the council has taken final action on the amendment.

D. Public Hearing. The council shall hold a public hearing on each submitted declaration of impaction and on each amended declaration of impaction. The purpose of the hearing is to allow interested persons to comment on the proposals submitted by a district in support of its eligibility. The council may find a district to be eligible and may impose a requirement of the payment of fees or dedication of land as a condition to the issuance of building permits for new dwelling units within attendance areas of said district's impacted schools, if the documentation and supportive findings clearly meet the requirements of this chapter, any regulations adopted pursuant hereto and the requirements of Government Code Section 65974.

E. Fact-Finding. Prior to concluding its hearing on any declaration of impaction under subsection D of this section, the city council may, or when requested to do so either by the school district filing the declaration of impaction or any developer who would be affected by the declaration of impaction, the city council shall, refer the declaration of impaction to fact-finding as provided for herein. Any request for fact-finding shall be made within fifteen (15) days of the filing of the declaration of impaction or any amendment thereof by the school district. The scope of the fact-finding shall be the questions of whether mitigation is required and/or the form or amount of mitigation. The decision of the fact finder shall be recommendatory to the city council. The city manager shall by regulation under Section 15.132.080 of this chapter establish the procedure for appointment of a fact-finding panel. The regulations shall provide for the creation of the panel within fifteen (15) days of the council's referral to fact-finding. The panel shall be composed of seven members, three of whom shall be selected as the fact-finding committee to make a recommendation to the city council as provided herein. The fact-finding committee shall be selected from the panel as follows:

1. Developer or developers jointly shall declare one panel member ineligible;

2. School district shall then declare one member ineligible;

3. The process shall continue until three panelists remain. The remaining panelists shall constitute the committee. Costs of fact-finding shall be assessed equally to the developer and the school district.

F. Impoundment of School Impaction Fees. When any declaration of impaction or any amendment thereto is referred to fact-finding as provided in subsection E of this section, fees which would be payable under the new proposed declaration of impaction if it were in effect shall be paid and impounded under the following procedure until the proposed declaration of impaction or amendment to an existing declaration of impaction is acted upon the city council under subsection D of this section:

Any developer of land located within an impacted area as shown on the proposed declaration of impaction shall pay that portion of the fee which exceeds the fee, if any, in effect at the time of the application for building permit to the director of finance. The director of finance shall issue to the developer for presentation to the director of building inspections proof of payment of the difference between the existing fee, if any, and the fee above that amount contained in the newly filed declaration or amendment thereto.

The director of finance shall credit fees received pursuant to this subsection F in a special account pending completion of the fact-finding and the decision of the city council under subsection D of this section. Upon the council's decision, the director of finance shall may the fees received together with any accrued interest, to the developer, the school district or both as the case may be according to the council's decision. (Prior code § 67.01.130)

No building permit for the construction of any new dwelling units shall be issued in an attendance area of an impacted school for which a declaration of impaction is presently in effect unless there has been filed with the director of building inspections either a certificate of mitigation or a certificate of waiver of mitigation which relates to the proposed construction. The provisions of this section shall not apply to the renewal of a building permit validly issued prior to the effective date of the ordinance codified in this chapter provided such renewal is made not later than sixty (60) days follow-ing said effective date. (Prior code § 67.01.140)

Any funds and/or facilities acquired by a school district as a result of mitigation pursuant to this chapter shall be used exclusively for the purposes set forth herein. School districts receiving funds or facilities or both as a result of mitigtion shall maintain a separate account for the same and shall report the status and use of such funds and facilities to the council at the time of filing each semiannual declaration of impaction. (Prior code § 67.01.150)

Each school district which has on file a current declaration of impaction shall, during the period of such impaction, provide a copy of each statement approved or ratified by the governing board of an affected district pursuant to subsetion B of Section 11010 of the Business and Professions Code to the director. (Prior code § 67.01.160)

The council authorizes the city manager to prepare and issue detailed regulations to carry out the intent and the provisions of this chapter. Copies of the regulations shall be made available to interested persons at the office of the city clerk. (Prior code § 67.01.170)