Vallejo Municipal Code Ch. 3.14 School Facilities Impact Mitigation Fee

In order to implement and further the goals, policies and objectives of the Vallejo General Plan in the area of public facilities in general and school facilities in particular, including Educational Facilities Element of the General Plan adopted March 27, 1990 (the "General Plan"), and in order to mitigate the impacts caused by new residential development upon the facilities of the Vallejo City Unified School District (the "District") certain additional public school facilities must be purchased, installed or constructed. The city council has determined (1) that presently, inadequate revenue exists to finance the public school facilities contemplated by certain new development within the boundaries of the city; (2) that no mechanism presently exists to insure that the future revenues will be adequate to offset the costs of such necessary public school facilities; and (3) that an impact fee is necessary in order to offset a portion of the costs of these public school facilities and improvements. In authorizing the fee described above, the city council has found the fee to be consistent with its general plan, and consistent with Government Code Sections 65913.2, 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 the city.

(Ord. 1253 N.C.(2d) § 1 (part), 1992.)

To offset the costs of school facilities made necessary by certain new residential development to be constructed within the boundaries of the city, the city council, in a council resolution, may establish a "school facilities fee." That resolution shall describe the benefit and impact area upon which the school facilities fee is to be imposed, list the specific public improvements to be financed by way of the school facilities fee, describe the estimated costs of these facilities, describe the reasonable relationship between the school facilities fee and the various types of proposed new development and set forth the time for payment and the procedures for such payment. As described in the fee resolution, and in Section 3.14.030 below, the school facilities fee shall be paid by certain developers of new development, receiving either legislative or administrative approval to develop by the city, prior to issuance of any building permit for such development. The city council may review this fee on an annual basis to determine whether the fee amounts continue to be reasonably related to the impacts of development or whether the described public facilities are still necessary.

(Ord. 1253 N.C.(2d) § 1(part), 1992.)

The school facilities fee shall be payable as a condition to issuance of any building permit for the construction (but not reconstruction) of a single-family or multifamily residential unit within that territory of the city not already included within the boundaries of Community Facilities District No. 2 or Community Facilities District No. 3 established by the district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53111, et seq.) The school facilities fee shall be payable for issuance of any residential building permit for construction issued by the city, on or after sixty days following adoption of the fee resolution, for any development outside of the above-described community facilities districts.

(Ord. 1253 N.C.(2d) § 1(part), 1992.)

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

(Ord. 1253 N.C.(2d) § 1 (part), 1992.)

Any developer subject to the payment of the school facilities fee, with the consent of the district, may, as an alternative to the school facilities 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 acceptable to the city council and the district, the value of such alternative mitigation method shall operate as a credit against the school facilities fee otherwise owed by the developer's development project.

(Ord. 1253 N.C.(2d) § 1(part), 1992.)

A developer of any project subject to the school facilities fee described in Sections 3.14.020 and 3.14.030 above may apply to the city council 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 development 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 with the district's department of school facilities planning, not later than ten days prior to the city's action on the development permit applicable for the project, or if no development permit is required, at the time of filing of the request for the building permit. The issuance of a building permit for the project shall be postponed until final resolution of the application by the council. In the alternative, the building permit may be issued following payment in full of the disputed fee. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The city council 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 city council 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. 1253 N.C.(2d) § 1 (part), 1992.)

The school facilities fee authorized by the ordinance codified in this chapter shall be adjusted automatically on January 1st of each year, beginning January 1, 1994, by a percentage equal to the change in the Engineering News Record construction cost index for the preceding twelve months, or, if not available, any similar reliable construction cost index.

(Ord. 1253 N.C.(2d) § 1 (part), 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 declares its intent to adopt the ordinance codified in this chapter irrespective of the fact that one or more of its provisions may be declared invalid subsequent hereto.

(Ord. 1253 N.C.(2d) § 1(part), 1992.)