Suisun City Municipal Code Ch. 3.18 School Mitigation Plans for New Development

The phrase "mitigation plan," as used in this chapter, means and includes but is not limited to, financing or construction measures which provide funds or structures (through establishment of a community facilities district, purchase, sale, lease-back or other mechanisms) for permanent and interim school district facilities.

(Ord. 606 § 3, 1992)

A. On and after the effective date of the ordinance codified in this chapter, each application for a building permit for construction of a new residential dwelling (hereinafter applicant) shall:

1. Provide the city manager with a written statement signed by the superintendent of the Fairfield-Suisun Unified School District (FSUSD), or his/her designee, that the property which is the subject of the building permit application is included within the FSUSD's Mello-Roos Community Facilities District No. 5; or

2. Submit a mitigation plan previously approved by the city manager that explains and clearly demonstrates how the development for which the permit is applied will adequately finance permanent school facilities, sufficient to satisfy fully the needs of the new students that must be accommodated by the school district as a result of the proposed development.

B. A building permit shall not be issued unless and until the applicant has complied with this section.

(Ord. 606 § 1, 1992)

This chapter does not apply to the one hundred fifteen housing units constructed in Redevelopment Parcel C, bounded by Lotz Way on the north, Almond Street on the south, Mulberry Street on the east and Civic Center Boulevard on the west, as depicted by Exhibit A attached to the ordinance codified in this chapter and found on file in the office of the city clerk. The needs of these housing units will be met by existing school facilities.

(Ord. 606 § 6, 1992)

The mitigation plan submitted pursuant to Section 3.18.020(A)(2) shall be reviewed by the city manager or his/her designee, who may approve, disapprove or modify the mitigation plan. The city manager's decision on a mitigation plan shall be in writing and shall be based on the funding and facilities needs identified in the Fairfield-Suisun Unified School District's 1992-2005 Facilities Master Plan, incorporated into this chapter as though fully set forth herein. In no event shall the proposed mitigation plan result in a total amount of funding for school facilities that is less than the amount of funding for school facilities that is less than the amount that would be generated if the proposed development were to be included within Community Facilities District No. 5. In the event that the funding and facility needs of the school district are revised and approved by both the board of trustees and the city council by official action, the city manager's decision shall thereafter be based on the revised funding and facilities needs.

(Ord. 606 § 2, 1992)

A. In the event that moneys are received by the city from an applicant as part of a mitigation plan, such funds shall be transferred to the FSUSD for the construction of new school facilities.

B. To the extent that an applicant contributes moneys to the city toward the funding of school facilities construction pursuant to a mitigation plan, either by cash payment or other funding mechanism (e.g. Mello-Roos Community Facilities District) reimbursement may be made to the current property owner if:

1. Funds from the state of California become available; or

2. The current property owner subsequently provides the city manager with the statement described in Section 3.18.020(A)(1).

(Ord. 606 § 4, 1992)

This chapter shall apply to each and every building permit for a residential dwelling either applied for or proposed to be issued on or after the effective date of the ordinance codified in this chapter, with the exception of the area described in Section 3.18.030.

(Ord. 606 § 5, 1992)