Chapter 4.24 — SCHOOL FACILITY FEE

A.

In order to implement the goals, policies and objectives of the Amador County general plan in the area of public facilities in general and school facilities in particular (the "general plan"), and in order to mitigate the impacts caused by new residential development upon the facilities of the Amador County unified school district (the "district"), certain additional public school facilities must be purchased, installed or constructed.

B.

The city has determined (1) that presently, inadequate revenue exists to finance the public school facilities contemplated by new development within the boundaries of Sutter Creek, (2) that no mechanism presently exists to ensure that future revenues will be adequate to offset the costs of such necessary public school facilities, and (3) that an impact fee or other form of mitigation is necessary in order to offset a portion of the costs of these public school facilities and improvements.

C.

In establishing the fee described in this section, the city has found the establishment of fee to be consistent with its general plan, and has considered the effects of the fee with respect to the city's housing needs as set forth in those elements of the general plan pertaining to housing within the boundaries of Sutter Creek.

(Ord. 269 §1, 1992)

A.

A fee to offset the costs of school facilities made necessary by new residential development within the city and also within the boundaries of Amador County (the "school facilities fee or fees") is hereby authorized and is payable by certain residential development within these same boundaries except as otherwise provided for in this chapter. The city shall, by way of separate resolution (the "fee resolution"), to be enacted subsequent to the effective date of the ordinance codified in this chapter, set forth the specific

amount of the fee, describe the new residential development upon which the fee is to be imposed, describe the benefit and impact area upon which the fee is to be imposed, list the specific public improvements to be financed by way of the fee, describe the estimated costs of these facilities, describe the reasonable relationship between the fee and the various types of proposed new development and set forth the time for payment and the procedures for such payment.

B.

As described in the fee resolution, the school facility fee shall be paid to the district by each developer of certain residential development as defined in the fee resolution prior to the issuance of any building permit for such development. The board shall review the fee on an annual basis to determine whether the fee continues to be reasonably related to the impacts of development or whether all or a part of the described public facilities are still necessary.

(Ord. 269 §2, 1992)

The revenues raised by payment of the school facility fee shall be placed by the district in a separate and special account and such revenues shall, along with any interest earnings thereon, be used solely for the construction, acquisition or purchase of the facilities provided for by way of the fee resolution.

(Ord. 269 §3, 1992)

Any developer subject to the payment of the school facilities fee, with the consent of the district, may, as an alternative to the fee, provide for the construction of public school facilities, provide for the dedication of real property for public school facilities, agree to include the boundaries of such developer's development project within a financing entity such as a Mello-Roos community facilities district or some other alternative school impact mitigation method. Any such alternative mitigation method shall be evaluated and if found to be acceptable to the board and the district, the value of such alternative mitigation method shall operate as a credit against the school facility fee otherwise owed by the developer's project.

(Ord. 269 §4, 1992)

A.

A developer of any project subject to the fee may apply to the city for a reduction or adjustment to the fee, or a waiver of the fee, based upon the absence of any reasonable relationship or nexus between the developer's project and the cost or need for school facilities within the boundaries of the district. The application shall be made in writing and filed with the city clerk and the district's superintendent not later than ten days prior to the public hearing on the development permit is required, at the time of filing of the request for the building permit.

B.

The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city shall consider the application and the district's response thereto at the public hearing on the permit application or at a separate public hearing held within sixty days after filing of the fee adjustment application, whichever is later. The decision of the board shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the reduction, adjustment or waiver.

(Ord. 269 §5, 1992)

If any portion of this chapter is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining portions of this chapter. The council hereby declares its intent to adopt this chapter irrespective of the fact that one or more of its provisions may be declared invalid subsequent hereto.

(Ord. 269 §6, 1992)