Chapter 14.14.188 — SCHOOL FACILITIES IMPACT MITIGATION PLAN

Prior to the issuance of a building permit for any residential, commercial, or industrial use, each applicant for said building permit shall submit a School Facilities Impact Mitigation Plan, which can consist of any one of the following:

A.

Project Specific Mitigation Plan. The applicant shall submit a mitigation plan to the Director, for approval by the City Manager, which specifically provides for the mitigation of impacts to the school system within either the Vacaville or the Travis Unified School District, whichever is applicable; or

Development Agreement. A project specific mitigation plan, or other alternative form of mitigation, may be approved by the City Council as part of a development agreement, in accordance with the provisions of Division 14.17, Development Agreements, of this Title; or

C.

Signed Agreement. The applicant shall submit a signed agreement to comply with the mitigation plan requirement described in City Council Resolution No. 1992-J-2, on a form prescribed by the Director, and by so doing shall agree to pay such fees, or mitigation plan monies, as set by resolution of the City Council for each single-family and each multi-family residential unit; or

D.

Verification of Mello-Roos District. The applicant shall provide the Director with a written statement, signed by the Superintendent of the applicable school district, that the property which is the subject of the building permit application is included within a Mello-Roos Community Facilities District within the school district. The mitigation plan submitted in accordance with Section 14.14.188.010.A. of this chapter shall be reviewed by the City Manager, who may approve, disapprove, or modify the mitigation plan.

A.

The City Manager's decision on a mitigation plan shall be in writing and shall be based upon the funding and facilities needs identified in the reports attached to resolutions implementing the School Facilities Mitigation Plan, as amended from time to time and incorporated herein by this reference.

B.

In the event that the funding and facility needs are revised and approved by both the City Council and the Boards of Trustees of the applicable school districts by official action, the value of the facilities provided by an approved plan shall incorporate any such revisions.

Monies required from an applicant as part of a mitigation plan shall be paid to the applicable school district for school facilities prior to the issuance of a building permit by the City.

A.

Each school district shall pay such monies into the appropriate capital improvements fund such that all monies collected and interest thereon are used for said school facilities.

B.

The mitigation plan and costs associated therewith may be annually reviewed and updated, if so directed

by the City Council, during the Growth Audit prepared in accordance with Division 14.05, Planned Growth, of this Title.

C.

Monies collected from non-residential uses or senior citizen housing, pursuant to Section 65995 et seq. of the California Government Code, shall be used to reduce the costs necessary to finance the mitigation plan.

D.

To the extent funds from the State of California are appropriated for school facilities addressed by this mitigation plan, such funds shall be paid to the district's building fund and shall reduce the amount needed to fund the mitigation plan.