The ordinance codified in this article is adopted pursuant to the general powers reserved to the city for the purpose of implementing the goals, policies and objectives of the city's general plan, in the area of school facilities, and mitigating the impacts caused by new residential development upon the school facilities presently or in the future to be located in the city. In general, said goals, policies and objectives require that there be provided to residents of the city adequate school facilities. This article authorizes a fee to be assessed upon the owners developing residential property located within the city in order to provide all or a substantial portion of the funds which will be necessary to construct and install adequate public school facilities and acquire related land. The fee established hereby is the product of a school facilities fee study commissioned by the Davis Joint Unified School District ("school district") and it is the intent of the city to implement the resulting fee. It is the purpose of the city to ensure that adequate school facilities are constructed and installed in the city and to protect and promote the public health, safety and welfare by conditioning legislative approvals relating to residential development with a requirement to pay such fee.
(Ord. 1950 § 1)
(a) 
A school mitigation fee is hereby established for all residential development projects in the city to finance the cost of the school facilities necessitated by development within the city. The school mitigation fee shall be made a condition of approval of all legislative acts taken in conjunction with the approval of development projects within the city. The city council shall, by resolution, set forth the specific amount of the fee, identify the purpose of the fee, identify the use to which the fee is to be put, demonstrate that there is a reasonable relationship between the use of the fee and the type of development project on which the fee is imposed, demonstrate that there is a reasonable relationship between the need for the school facilities and the type of development project on which the fee is to be imposed, and demonstrate how there is a reasonable relationship between the amount of the fee and the cost of the school facilities, or portion of such school facilities, attributable to the development project on which the fee is imposed.
(b) 
In making the findings pursuant to this article and any other findings, the city council may consider all matters, whether offered orally or in writing, presented at the hearing or hearings conducted for the purpose of establishing or amending the fee, and any and all oral and written material presented to the city council, city planning commission, and the school district in connection with the adoption, approval, or amendment of the general plan, and the school fee analysis.
(c) 
As used in this section, development project means any project undertaken for the purpose of development, exclusive of projects undertaken by public agencies for public purposes, and shall include any permits or approvals from the city for construction of a development project including, but not limited to, a general plan amendment, specific plan or amendment to a specific plan, zoning or rezoning of property, or annexation of property into the city.
(Ord. 1950 § 1)
(a) 
The following shall be exempted from payment of the fees established by this chapter:
(1) 
Alterations, renovations, or expansion of an existing residential building or structure where no additional dwelling units are created and the use is not changed;
(2) 
The replacement of a destroyed or partially destroyed or damaged residential building or structure with a new residential building or structure of the same size and use, within a period of thirty-six months following the original destruction or damage;
(3) 
Any development project which had received all necessary general plan, specific plan, and zoning approvals prior to the effective date of this article;
(4) 
Other exemptions as established by resolution of the city council.
(b) 
Any claim of exemption with respect to the school facilities fee must be made no later than the time for application for fee protest pursuant to Section 15.15.100.
(Ord. 1950 § 1)
(a) 
The methodologies set forth in the school fee analysis shall be used as the basis to set the amount of school facilities fee pursuant to any resolution referenced under subsection (a) of Section 15.15.020. The amount of the fee due from any landowner shall be calculated from the actual residential uses of land proposed by the landowner at the time a building permit is issued, based upon the fee in effect at that time. Applicants for residential building or other development permits shall include plans and calculations specifying data necessary to calculate the fee.
(b) 
At the time of payment of the school facilities fee, there shall be a credit given for the fee in an amount equal to all other fees, charges, taxes, assessments, dedications, or other impositions which are imposed solely on new residential development in an amount different from pre-existing residential development by the school district to fund and finance the construction of new school facilities.
(Ord. 1950 § 1)
(a) 
The school facilities fee shall be paid directly to the school district for the property on which a residential development project is proposed. The school district shall issue a certificate of payment of the fee in a form acceptable to the city.
(b) 
Evidence of payment of the school facilities fee shall be presented to the city building official, or designee, at the time of the issuance of any required building permit relating to such development or at such other time as may be required by state law or agreed to by the city and the school district.
(c) 
The city and the Davis Joint Unified School District may choose to enter into an arrangement for city collection of the school facilities fee.
(Ord. 1950 § 1)
The school facilities fee paid to the school district pursuant to the provisions of this article shall be deposited by the school district in a separate special fund created by the school district specifically to hold the revenue generated by such fee. All collected fees shall be deposited, managed, and maintained pursuant to the provisions of Section 66006 of the Government Code. Moneys within such fund may be used solely for the purposes set forth in this article and any resolution adopted pursuant to this article. In the event the school district fails to comply with the requirements of the section, the city shall have the right to institute legal proceedings to compel such compliance and city may suspend collection of the fee.
(Ord. 1950 § 1)
Funds collected by the school district from the school facilities fee and deposited in the special fund established pursuant to Section 15.15.060 shall be used by the school district for the following purposes:
(a) 
Paying or financing of the construction, installation, acquisition, or purchase of the actual or estimated costs of school facilities described in the resolution or resolutions adopted pursuant to subsection (a) of Section 15.15.020.
(b) 
Providing refunds as described in Section 15.15.080.
(Ord. 1950 § 1)
If a building permit expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the fees paid as a condition for its issuance. The fee payer shall submit an application for such a refund to the school district within ninety calendar days following the expiration of the permit. Failure to timely submit the required application for refund shall constitute an absolute waiver of any right to the refund.
(Ord. 1950 § 1)
A developer of any project subject to the fee described in subsection (c) of Section 15.15.020 may apply to the city council for a reduction or adjustment to that fee, or a waiver of that fee. The application shall be made in writing and filed with the city clerk not later than ten days prior to the public hearing on the development permit application for the project. The application shall state in detail the factual basis for the request for reduction, adjustment, or waiver. The city shall provide a copy of the application to the school district as soon as is practicable and the school district shall have an opportunity to submit responses to the same prior to the time set for the hearing. The city council shall consider the application at the public hearing on the permit application. Subject to the right to protest, 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 adjustment, reduction, or waiver of the fee.
(Ord. 1950 § 1)
Any landowner, developer or other aggrieved party may file a protest of the school impact fee provided for herein in the manner provided and within the times provided for in Sections 66020 and 66021 of the Government Code. For the purposes of determining the applicable time and limitations periods set for this Government Code Section 66002, the date of the imposition of fees under this article shall be the date of the earliest legislative approval by the city of the development project upon which the fees are imposed as a condition of approval of the project.
(Ord. 1950 § 1)
(a) 
The city council, by resolution, may revise the school facilities fee, from time to time, to take into account any changes in school construction costs, land values, student generation rates, and the school fee analysis. Any revision in said fees or other matter set forth in this section shall be consistent with the school impact fee program and the school fee analysis.
(b) 
On an annual basis, the school district shall review the fees to determine whether the fee amounts are reasonable related to the burden of developments and whether the described public facilities are still needed.
(c) 
No later than sixty days following the end of the fiscal year, the school district shall prepare the report or reports required by Government Code Section 66006. Said report or reports shall be made available to the public and reviewed at a public meeting conducted by the school district pursuant to Government Code Section 66006.
(d) 
The school district shall provide copies of the same to the city clerk by or before the time required by subsection (b) of Government Code Section 66006. Thereafter, the city clerk shall submit the reports and the school district's review and findings to the city council. The council may, be is not required to hold a noticed public hearing on the reports from the school district.
(Ord. 1950 § 1)