Chapter 14.14.186 — GENERAL PROVISIONS

This division shall be known as the School Facilities Impact Mitigation Ordinance of the City of Vacaville. The Vacaville and Travis Unified School Districts which serve the school children of the City of Vacaville, have experienced rapid enrollment growth in recent years. This growth has resulted in an increased demand for new schools which has outstripped the amount of State funding available for the construction

of new facilities. The City Council of the City of Vacaville has determined that, consistent with and arising from, their legislative authority, home rule, and police powers, that there is a necessity to institute a mitigation fee to provide a funding mechanism to ensure the needed construction of new school facilities in the City.

The regulations of this division are established to achieve the following:

A.

To reflect the City's commitment to high quality public school education by ensuring that the rate of construction of new school facilities is commensurate with the rate of growth of the City; B.

To mitigate the impacts of new development on the school system consistent with the California Environmental Quality Act;

C.

To protect and promote the health and safety of school children by ensuring that adequate school facilities are available in order to avoid overcrowded classroom conditions;

D.

To implement the goals and policies of the Development Code and the General Plan.

This division is intended to supplement Section 17620 of the California Education Code, regulating the levying of fees or other requirements against any development project for the purpose of funding the construction of schools. Where this division establishes more restrictive objectives and procedures that are unique to Vacaville and are consistent with the California Government Code, the more restrictive procedures shall apply. Any revision to Section 17620 that is applicable to this division, shall automatically be incorporated by reference into this division, provided that the revisions are not less restrictive than those required by the City. Further, the study in support of the local school fee shall be consistent with the provisions of AB 1600, California Government Code Section 61000, et.seq.

Permitting authority shall be as follows:

A.

The City Manager is authorized to approve, disapprove, or modify a Project Specific School Facilities Mitigation Plan, in accordance with the provisions of Section 14.14.188.020 of this division. The provisions of this division shall apply to any project requiring a building permit for any residential, commercial, or industrial use.

A.

The term "mitigation plan" shall include, but not be limited to, financing or construction measures which

provide funds or structures, through purchase, sale, or lease-back, for permanent and interim school district facilities.

B.

The Vacaville and Travis Unified School Districts have the authority to collect a mitigation fee for nonresidential and senior housing development, subject to the provisions of Section 65995 of the California Government Code and Section 17620 of the California Educational Code

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