A. 
The city council is desirous of implementing the general plan for the city, subject general plan having been reviewed and updated by the city planning commission and city council during 1979-1980 with an approval of the revised plan being given by the planning commission on October 10, 1979 (Resolution No. 1979-16), and subsequently adopted by the city council on January 22, 1980 (Resolution No. 1980-N-1).
B. 
The general plan for the city contains the following policy for new development: "It is the policy of the City of Vacaville that adequate public facilities should be provided for new urban development and that such new developments should bear their 'fair share' cost of providing such facilities."
C. 
The city council has previously received, reviewed and approved a large number of development proposals and applications within the boundaries of the Vacaville Unified and Travis Unified School Districts. During public hearings and studies related to these development submissions, information has been brought to the attention of the city council which indicates many of these projects have, and will continue to, generate extensive economic and population overload impacts upon this school district which may seriously affect the quality of education of our community.
D. 
The city council therefore is presently confronted with the dilemma of reviewing additional proposed developments as to their consistency with the general plan and finding that public facilities, i.e., required school sites and available classroom capacity, are apparently inadequate in this school district.
E. 
Officials from the boards of education of the Vacaville Unified and Travis Unified School Districts have formally appeared before this council appealing for assistance in resolving the adverse impacts that rapid residential development is having on the districts. These official appeals have included requests for the city council to deny or defer approval of new residential development applications until additional monetary resources are acquired for the acquisition of additional school sites and for increasing classroom capacity.
F. 
The city council has considered and discussed the alternatives available to mitigate school overcrowding such as the adoption of a comprehensive growth management system, temporary or long-term moratoriums on further residential development, and/or temporary classroom provisions by residential developers, where applicable.
G. 
As a temporary solution to the impacts caused by rapid residential development, the council has concluded that this chapter is essential to protect the public health, safety and general welfare.
H. 
This chapter constitutes an extension of the provisions of Ordinance No. 1135 which provided for School District Residential Development Impact Fees within the Vacaville Unified School District. This chapter additionally provides for School District Residential Impact Fees within the Travis Unified School District.
(Ord. 1230 § 2(part), 1984)
A. 
This chapter shall apply to all owners or developers of real property within the city who are within the Vacaville Unified or Travis Unified School Districts, who are issued a building permit for a new dwelling unit or zoning or development entitlement related to residential development.
B. 
Based on adverse environmental impact on the school districts, and in order to mitigate this adverse impact, a school district residential development impact fee is established. Effective immediately, any person who is issued a building permit for a new dwelling unit shall deposit with the city a sum of money based on the city's formula found in Section 3.28.040. These sums so deposited shall be available to the school districts when justification is presented to the satisfaction of the city manager for the purpose of funding mitigation measures to alleviate the adverse impact on the districts of additional students on account of this residential development. These funds will be used for mitigation of overcrowded classroom facilities.
C. 
In order to administer this chapter, the procedures set forth in this chapter have been developed.
(Ord. 1230 § 2(part), 1984)
The planning department analyzes the impact of the proposed residential development on the school district as part of the environmental review and permit review process.
(Ord. 1230 § 2(part), 1984)
A. 
The amount of the fee shall be set by resolution of the city council.
B. 
Disputes over the number of bedrooms in any unit shall be referred to the planning director for final resolution.
C. 
The school district may submit a revised fee schedule for city council consideration at any time.
(Ord. 1230 § 2 (part), 1984)
The community development department:
A. 
Notifies the concerned individuals, school districts and city departments regarding proposed residential developments;
B. 
Insures that this fee requirement is noted as a condition of the building permit issuance;
C. 
Collects the fees upon issuance of building permits for all or any of the approved dwelling units;
D. 
There shall be a refund of fee in the event that a building permit is not used for construction;
E. 
Forwards these fees to the finance department.
(Ord. 1230 § 2(part), 1984)
The school districts:
A. 
Requests the fee from the city manager's office in writing. Such requests must include such information as may be requested by the city;
B. 
Utilizes the fees for mitigating overcrowding of school classroom facilities;
C. 
Fees will be disbursed by the city manager through the finance director.
(Ord. 1230 § 2(part), 1984)
A. 
The school districts shall:
1. 
Maintain a separate accounting for all fees received from the city;
2. 
Submit quarterly to the city council a detailed accounting of all fee money received and expended;
3. 
Submit documentation related to expenditures including, but not limited to, a listing of competitive bids received for the lease of portable classrooms and installation and removal of same.
B. 
The city manager/school superintendents shall conduct periodic audits of the school districts' records to determine if the fees are being utilized in accordance with this chapter.
(Ord. 1230 § 2(part), 1984)
If, upon termination of this chapter, for any particular reason, either school district shall not have requested the total amount of fees collected by the city, the city council shall take whatever action they deem most appropriate to effect the return of the unused funds to the property owners most closely affected or spend such funds for the benefit of these property owners.
(Ord. 1230 § 2(part), 1984)
A. 
The provisions of this chapter shall expire three years after final date of adoption, unless extended or terminated by ordinance of the city council.
B. 
There shall be a review of the ordinance codified in this chapter by the city council on an annual basis upon its adoption.
C. 
There shall be a review of the ordinance codified in this chapter by the city council following any significant events with financial implications that affects a school district such as implementation of a "year round" school program, passage of school bonds, or financial assistance made available through legislation and/or state school bonds.
(Ord. 1230 § 2(part), 1984)
A. 
Owners or developers of real property who are subject to this chapter shall have the right to propose to the city council for their consideration alternative methods for meeting the requirements of this chapter.
B. 
Such alternative methods may include, but are not limited to:
1. 
Leasing or otherwise making available for a mutually agreed term an approved portable classroom or classrooms;
2. 
Undertaking the work of installation or removal of a portable classroom or classrooms.
C. 
If the value of the facilities or work provided by an alternative method is determined to be less than the fee that would otherwise be required by this chapter, the difference shall be payable as a fee.
(Ord. 1230 § 2(part), 1984)
Any owner or developer of real property affected by a decision under this chapter may appeal the decision to the city council within ten days of receipt of notice of the decision by requesting a public hearing at a regular public meeting of the city council.
(Ord. 1230 § 2 (part), 1984)
The city will require the school district receiving funds pursuant to this chapter to be fully responsible for their use. In this regard, the city council shall require that the school district enter a hold harmless agreement with the city.