Notwithstanding any other provisions of this code, no entitlement for any new residential development or construction, including but not limited to building permits, tentative subdivision maps, parcel maps, rezonings, prezonings, use permits, planned development permits, variances, development agreements or any other entitlement or permit which will allow construction of a new residential dwelling, shall be approved until the applicant has demonstrated that the school facilities necessary to accommodate the impacts generated by the new residence(s) have been or will be adequately mitigated.
(Ord. 2021-03 § 5 (Exh. B))
On and after the effective date of the ordinance codified in this chapter, each applicant for a building permit for residential development shall do one of the following:
A. 
Submit a mitigation plan which demonstrates how the development to which the permit applies is participating in an approved plan to construct permanent school facilities within the district;
B. 
Pay the development fee for each dwelling unit's fair share of its impact on capital facilities as established by the city council in its school facilities fee resolution; or
C. 
Modify the proposed project by including an approved mitigation plan for reduced density, phased construction, or other programs, which plan adequately mitigates the impact of the project on the need for school facilities generated by the proposed development.
(Ord. 2021-03 § 5 (Exh. B))
No building permit shall be issued unless and until the applicant has submitted written documentation from the Winters Joint Unified School District that one of the methods of meeting the requirements in Section 15.80.020, and which has been approved by the director of community development and building department, has been satisfied.
(Ord. 2021-03 § 5 (Exh. B))
If an applicant for a building permit has previously paid a school impact fee to the Winters Joint Unified School District pursuant to a fee imposed by the District pursuant to Government Code Section 53080, the applicant for a building permit shall receive credit in the same amount toward payment of any fees paid pursuant to Section 15.80.020(B).
(Ord. 2021-03 § 5 (Exh. B))
The phrase "mitigation plan" as used in this chapter shall include, but not be limited to, financing, construction, site dedication, phasing of development, reduction in density, or other methods to provide for permanent school facilities to mitigate the impact of the applicant's residential development project on the school district's facilities. "Mitigation plan" may also include participation in an assessment district or a Mello-Roos Community Facilities District.
(Ord. 2021-03 § 5 (Exh. B))
This chapter shall not be applicable to a building permit for replacement of an existing dwelling unit which was in existence during the immediately preceding twelve (12) month period, so long as the replacement dwelling unit does not increase the total number of dwelling units previously in existence on the same lot. It shall also not be applicable to a remodeling or addition to a dwelling unit unless such addition or remodeled unit can be separately rented or substantially increases the demands on the school facilities within the city's urban limit line. It does, however, apply to approval of an application for a parcel map, a tentative subdivision map or a lot line adjustment which increases the number of dwelling units allowed on the resulting parcels.
(Ord. 2021-03 § 5 (Exh. B))
If, five years after collection, any portion of a fee collected pursuant to this chapter is unexpended or uncommitted, the city shall review the fee and the purpose for which it was charged, and make a determination and finding as to the continued need for the fee and the reasonable relationship between the fee and the purpose for which it is intended. This review and findings shall be made once each fiscal year in any year that there are unexpended or uncommitted fees, beginning with the fifth year after the effective date of the ordinance codified in this chapter.
If the appropriate finding cannot be made, the city shall refund the fees to the then-current owner of record of the project on which the fee was imposed pursuant to Government Code Sections 66001(d) and (e).
(Ord. 2021-03 § 5 (Exh. B))
The following appeal procedure shall apply to any decision regarding a fee imposed pursuant to this chapter:
A. 
The director is responsible for administering, collecting, crediting, adjusting, and refunding development fees. A decision by the director, regarding a fee imposed under this chapter, is appealable in accordance with this section. Any person seeking judicial review shall first seek an appeal hearing under this section.
B. 
Any person appealing a decision under this chapter shall file a request with the city manager who is responsible for processing the appeal. The request shall be accompanied by a deposit for the reasonable estimated administrative costs of conducting the hearing, including the city's legal fees. The appeal shall be in writing, stating the factual and legal grounds, and shall be filed within ten (10) calendar days following the decision being appealed.
C. 
The manager shall set the matter for hearing before the city council and notify the person appealing in writing of the time and place of the hearing.
D. 
The city council shall conduct the hearing, adopt findings of fact and a written decision on the matter, and shall preserve the administrative record of the proceeding. The council shall consider relevant evidence presented by the appellant and by the director.
E. 
The decision of the city council is final, and is not subject to reconsideration. It is reviewable by a court under Code of Civil Procedure Section 1094.5.
F. 
The city adopts Code of Civil Procedure Section 1094.6 for the purposes of judicial review under this section. A petition seeking review of a decision under this chapter shall be filed not later than thirty (30) days following the date on which the decision of the city council becomes final, and shall be preceded by a written protest including:
1. 
A statement informing the city of the factual elements of the dispute and the legal theory forming the basis for protest; and
2. 
A statement that the required payment is tendered under protest.
(Ord. 2021-03 § 5 (Exh. B))
Each fee imposed by this chapter shall be adjusted automatically on July 1st of each year beginning on July 1, 1992, by a percentage equal to the rise in the Engineering News-Record construction cost index for the preceding twelve (12) months, or, if not available, any similar reliable construction cost index.
(Ord. 2021-03 § 5 (Exh. B))