zoneoptics
Ordinance chapter · Visalia, California

Chapter 16.48 ENVIRONMENTAL IMPACT MITIGATION

24K characters8 standards extractedAll Visalia chapters →

Highlighted below: 3 of 8 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 16.48#

ENVIRONMENTAL IMPACT MITIGATION#

Sections:#

  • 16.48.010 Legislative findings.
  • 16.48.020 Purpose.
  • 16.48.030 Short title, authority and applicability.
  • 16.48.040 Rules of construction.
  • 16.48.050 Definitions.
  • 16.48.060 Imposition of environmental impact mitigation—School overcrowding—Fee.
  • 16.48.070 Fee schedule.
  • 16.48.080 Computation of the amount of environmental impact mitigation—School overcrowding—Fee.
  • 16.48.090 Payment of fee.
  • 16.48.100 Timing of fee payment.
  • 16.48.110 Use of funds.
  • 16.48.120 Refund of fees paid.
  • 16.48.130 Exemption and credits.
  • 16.48.140 Penalty provisions.
  • 16.48.150 Sunset clause.
  • 16.48.160 Severability.

16.48.010 Legislative findings.#

The City Council of the city finds, determines and declares that:

  • A. Policy PSCU-P-34 of the General Plan requires the city work with the Visalia Unified School District to coordinate land use and development with school location and site design to ensure that adequate facilities are available and integrated with neighborhoods;
  • B. The school district has presented information to the city establishing that existing school facilities are overcrowded and that further growth and development in the city will have a significant adverse impact on the capacity of the school system;
  • C. The school district has presented information to the city that the fee, charge, dedication or other requirement the district is authorized to levy against a development project pursuant to Government Code Sections 53080 and 65995 is insufficient to adequately fund the construction of new school facilities to meet the needs of growth in the community;
  • D. The school district has presented information to the city that it does not have the financial or other resources available to fund new school facilities;
  • E. While it is also the State of California's responsibility to fund the construction of new school facilities to meet the needs of growth, the state has not provided the financial or other resources necessary to meet the growing demand for new school facilities;
  • F. Pursuant to Education Code Section 17718.5(a) the State Board of Education is to encourage school districts to utilize alternative methods to fund school facilities;
  • G. Education Code Section 17717.7 encourages the use of alternative funding sources by creating a six-tiered priority list for qualifying for state funding that effectively encourages school districts to request only a maximum of fifty (50) percent of total construction costs;
  • H. The school district must expand its classroom facilities in order to meet the needs of a growing community without decreasing the current level of education in order to promote and protect the public health, safety and welfare.
  • I. The imposition of an environmental impact mitigation fee is a preferred method of ensuring that new development bears a proportionate share of the cost of capital facilities necessary to accommodate the student population generated by such development and thereby promotes and protects the public health, safety and welfare.
  • J. The fees established by Section 16.48.070 are derived from, are based upon, and do not exceed the costs of providing additional school facilities necessitated by new development for which the fees are levied.
  • K. The report entitled "Environmental Impact Mitigation – School Overcrowding – Fee Justification Report", dated May 18, 1992, sets forth a reasonable methodology and analysis for determination of the impact of new development on the need for and cost of additional school facilities within the school district;
  • L. The adoption of this chapter is consistent with the General Plan of the city. (Ord. 2017-01 (part), 2017)

16.48.020 Purpose.#

[Full text of this section is not provided in the source material. The section number and heading are preserved for completeness.]

Chapter 16.48 - Environmental Impact Mitigation – School Overcrowding – Fee Ordinance#

16.48.010 Purpose#

The purpose of this chapter is to assess environmental impact mitigation fees against all new residential construction, and all remodels adding additional area to existing residential buildings, all consistent with definitions found in state law, to mitigate the impacts of said construction on the ability of the Visalia Unified School District to house new students resulting from new development in the city. Furthermore:

A. This chapter is intended to assist in the implementation of the land use element of the General Plan; and

B. The purpose of this chapter is to regulate the use and development of land so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide school facilities in the Visalia Unified School District. (Ord. 2017-01 (part), 2017)

16.48.030 Short title, authority and applicability#

A. This chapter shall be known and may be cited as the "City of Visalia Environmental Impact Mitigation – School Overcrowding – Fee Ordinance."

B. The City Council of the city has the authority to adopt this chapter pursuant to Article XI of Section 7 of the Constitution of the state of California, and pursuant to Government Code Sections 65300 et seq., 66000 et seq., and 66470 et. seq. and Public Resources Code Sections 21000 et seq. of California Statutes, and its Charter.

C. This chapter shall apply in the incorporated area of the city to the extent permitted by Article XI of Section 7 of the Constitution of the state of California. (Ord. 2017-01 (part), 2017)

16.48.040 Rules of construction#

A. The provisions of this chapter shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare.

B. For the purpose of administration and enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter:

  1. In case of any difference of meaning or implication between the text of this chapter and any caption, illustration, summary table, or illustrative table, the text shall control.

  2. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

  3. Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the single, unless the context clearly indicates the contrary.

  4. The phrase "used for" includes "arranged for," "designed for," "maintained for," or "occupied for."

  5. The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

  6. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and," "or" or "either...or," the conjunction shall be interpreted as follows:

    a. "And" indicates that all the connected terms, conditions, provisions or events shall apply.

    b. "Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

    c. "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

  7. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character.

  8. "City engineer" means the city engineer or city officials he/she may designate to carry out the administration of this chapter. (Ord. 2017-01 (part), 2017)

16.48.050 Definitions#

As used in this chapter, the following terms are defined in this section:

"Assessable space" means the same as in Government Code Section 65995(b)(1).

16.48.050 Definitions.

"Building permit" means an official document or certificate issued by the city authorizing the construction of any structure used or intended for supporting or sheltering any use or occupancy.

"City" means the city of Visalia, a Charter Law city.

"Development permit" means a regulatory approval by the city.

"District" means the Visalia Unified School District.

"Feepayer" means a person commencing a land development activity that requires the issuance of a building permit or permit for mobile home installation.

"School development impact fee" means a fee, charge, dedication or other requirement the district is authorized to levy against a development project pursuant to Government Code Section 53080 and as said fee may be adjusted from time-to-time by the state Allocation Board pursuant to Government Code Section 65995(b)(2). (Ord. 2017-01 (part), 2017)

16.48.060 Imposition of environmental impact mitigation—School overcrowding—Fee.

A. Any person who, after the effective date of this chapter, seeks to develop land within the city by applying for: a building permit; an extension of a building permit issued prior to that date; a permit for manufactured home installations; or an extension of a permit for manufactured home installation issued prior to that date, is required to pay an environmental impact mitigation – school overcrowding – fee in the manner set forth in this chapter.

B. No new building permit or new permit for manufactured home installation for any activity requiring payment of an impact fee pursuant to Section 16.48.060(A) shall be issued unless and until the environmental impact mitigation – school over-crowding – fee required has been paid.

C. No extension of a building permit or permit for manufactured home installation issued prior to the effective date of this chapter, for any activity requiring payment of an impact fee pursuant to Section 16.48.060(A) shall be granted unless and until the environmental impact mitigation – school overcrowding – fee required has been paid. This subsection shall not apply if the applicant applying for an extension of a building permit or permit for manufactured home installation can demonstrate that a good faith effort has been applied to begin construction or that substantial completion has occurred in conformance with the approved building permit or permit for manufactured home installation. (Ord. 2017-01 (part), 2017)

16.48.070 Fee schedule.

A. The council shall establish by resolution, a schedule of environmental impact mitigation – school overcrowding – fees calculated to provide the sum of money necessary to pay for the share of the new facilities estimated total construction cost identified to be funded with environmental impact mitigation – school overcrowding – fees, as set forth in the report entitled "Environmental Impact Mitigation – School Overcrowding – Fee Justification Report". Such schedule shall be conditional and based on the following findings by the council:

  1. The planned school facilities are in conformity with the land use element of the general plan of the city;

  2. The development of property will require construction or acquisition of additional school facilities and that the fees are fairly apportioned on the basis of benefit conferred on property developed or to be developed or on the need for planned school facilities created by proposed or existing development of property;

  3. That school facilities planned, including the conversion of additional elementary schools to year-round education, are in addition to any existing school facilities serving the district at the time of adoption of the land use element and are necessary to complete the plan for school facilities.

B. The schedule of fees shall be those amounts in effect on July 1, 1995 as established by Resolution No. 92-76 of the council and as adjusted pursuant to ordinance provisions adopted prior to the effective date of the ordinance codified in this section and shall remain in effect until July 1, 1997. Effective July 1, 1997, and each succeeding July 1st thereafter, the schedule of fees shall be adjusted in accordance with the following criteria:

  1. On April 1st of each year the city engineer shall review the current National Engineering News Record Construction Cost Index (ENRCCI). When such index differs from the index for the preceding April 1st, the factor of increase or decrease shall be applied to the schedule of fees. Such factor shall be computed by dividing the ENRCCI for the current April 1st by that pertaining to the previous April 1st. The individual environmental impact mitigation – school overcrowding – fees may be multiplied by said factor to determine the adjusted schedule of fees. The engineer shall present the new fee schedule for adoption by resolution of council after at least one public hearing. The revised fees shall become effective on the July 1st following except in no case shall the revised fees become effective until sixty (60) days following the publication of the revised fees.

  2. If in the determination of the city engineer the adjustments of the schedule of fees produced by the procedure in subdivision 1 of this subsection is not representative of the actual change in costs of the planned school facilities, the city engineer may, in lieu of the procedures set forth in said subdivision, compute a new schedule of fees for adoption by resolution of the council after at least one public hearing. In addition, the district may request that the City Council review the fees to ensure that they are representative of the actual change in costs of the planned school facilities.

  3. In the event of the adoption of a new schedule of fees by resolution of the council, such new schedule shall become effective sixty (60) days after the adoption thereof by the council. The adjustment of such schedule provided in subdivision 1 of this subsection shall begin the April 1st next occurring after adoption of the new schedule. (Ord. 2017-01 (part), 2017: Ord. 9610 § 8, 1996)

16.48.080 Computation of the amount of environmental impact mitigation—School overcrowding—Fee.

A. The environmental impact mitigation—school overcrowding—fee shall be equal to the difference between the fee established by the schedule of fees adopted or revised pursuant to Section 16.48.070 and the school development impact fee already assessed and collected by the district but in no case shall this difference be considered a credit to the feepayer.

B. Government Code Section 6599(b)(3) requires the State Allocation Board to review, at regular intervals, the school development impact fees. If within one hundred eighty (180) days of any action by the State Allocation Board to modify the school development impact fee either upward or downward, the district does not adjust the school development impact fee already assessed and collected by the district to reflect the action of the State Allocation Board, the city shall use the amount authorized by the State Allocation Board in its calculations to determine the amount of the environmental impact mitigation – school overcrowding – fee.

16.48.080 Fee calculation.

C. For new residential construction the fee paid pursuant to this chapter shall be equal to the product of the environmental impact mitigation – school overcrowding – fee identified in subsection (A) of this section and the assessable space for the building under consideration. For residential remodel construction the criteria imposed by Government Code Section 53080(a)(1) shall apply. For senior citizen housing, a residential care facility, or a multilevel facility for the elderly, criteria imposed by Government Code Section 65995.1 shall apply.

D. This chapter shall not apply to building permits issued for commercial, office or industrial projects.§ (Ord. 2017-01 (part), 2017)

16.48.090 Payment of fee.

A. The feepayer shall pay the environmental impact mitigation – school overcrowding – fee required by this chapter prior to the issuance of a building permit or a permit for mobile home installation. This fee paid shall be in addition to and collected in the same manner as the school development impact fee already assessed and collected by the district.

B. All funds collected shall be properly identified and used solely for the purposes specified in Section 16.48.110. (Ord. 2017-01 (part), 2017)

16.48.100 Timing of fee payment.

A. Notwithstanding the requirements of Section 16.48.090, the City Council may, by resolution, authorize the payment of the fee at a time other than that identified in Section 16.48.090.

B. In adopting the resolution identified in subsection (A) of this section the City Council shall make the following findings:

  1. That the state of the economy in the city is such that the deferment of the fee required by this chapter will stimulate the economy and enhance the provision of jobs; and

  2. That the deferment of the fee required by this chapter will not materially affect the ability of the city to deliver its five-year capital improvement program.

C. In adopting the resolution identified in subsection (A) of this section, the City Council shall:

  1. Identify the point in time at which the fee shall be paid; provided, that in no event shall the deferral be extended beyond the time of the final inspection or issuance of the certificate of occupancy, whichever occurs first;

  2. Identify to which major land use category (i.e., residential, commercial, office and/or industrial) the resolution applies;

  3. Identify whether or not a contract shall be entered into by and between the property owner, or lessee if the lessee's interest appears of record, and the city prior to the issuance of the building permit. If a contract is required to be executed, it shall be processed and recorded in accordance with Government Code Section 66007(c). In lieu of entering into a contract, if one is required, the feepayer may provide such other form of surety instrument guaranteeing payment of the fee as may be acceptable to the city engineer or his/her designees and the city attorney;

  4. Impose a penalty, equal to one hundred (100) percent of the amount of the fees deferred on any party who fails to pay the deferred fee by the point in time specified in said resolution; and

  5. Provide that a party who fails to pay said deferred fees by the point in time specified in said resolution shall further forfeit the future right to defer such fees on parcels in which said party has a financial interest. (Ord. 2017-01 (part), 2017)

16.48.110 Use of funds.

A. Funds collected from environmental impact mitigation – school overcrowding – fees shall be used to fund or partially fund the construction or reconstruction of school facilities to meet the needs of new residential development in the district to include residential infill projects and residential remodel projects that meet the criteria of Section 16.48.080(B). The use of these fees shall be in accordance with Government Code Section 53080 et seq. and Government Code Section 65995 et seq.

16.48.120 Refund of fees paid.#

A. If a building permit or permit for manufactured home installation expires without commencement of construction, then the feepayer shall be entitled to a refund, without interest, of the fee paid plus a condition of its issuance; except, that the city and district shall retain three percent of the fee, to be shared equally, to offset a portion of the costs of collection and refund. The feepayer must submit an application for such refund to the city engineer within thirty (30) days of the expiration of the permit. Within ten working days of receipt of an application for refund the city engineer shall notify the district in writing of such refund request and the status of the building permit. The district shall issue a refund within twenty (20) working days or issue written findings as to why the refund shall not be made.

B. Any funds not expended or encumbered by the end of the calendar quarter immediately following five years from the date the fee was paid shall, upon application of the then current landowner, be returned to such landowner with any interest incurred thereon; provided, that the landowner submits an application for a refund to the city engineer within one hundred eighty (180) days of the expiration of the six-year period. Within ten working days of receipt of an application for refund the city engineer shall notify the district in writing of such refund request. The district shall issue a refund within twenty (20) working days or issue written findings as to why the refund shall not be made. (Ord. 2017-01 (part), 2017)

16.48.130 Exemption and credits.#

A. The following shall be exempted from payment of the environmental impact mitigation – school overcrowding – fee. Any claim of exemption must be made no later than the time of application for a building permit or permit for mobile home installation. Any claim not so made shall be deemed waived.

  1. The reconstruction of any residential structure that is damaged or destroyed as a result of a disaster pursuant to Government Code Section 53080.6;

  2. An applicant for a development permit who has prepared and submitted a mitigation plan identifying how he/she plans to provide for the mitigation of the impacts the proposed project may have on the facilities of the district; provided that the district presents the city with a written statement signed by its superintendent, or his/her designee, indicating that the district accepts the mitigation plan. The phrase "mitigation plan" as used in this chapter shall include, but not be limited to, financing or construction measures that provides funds or structures (through purchase, sale, or lease-back) for permanent school district facilities or any modification to the proposed project that reduces or eliminates the impact on the district.

B. The District may grant a credit for land and facilities dedicated to the district consistent with the policies of the City's General Plan.§ The responsibility for negotiating such a credit shall rest with the district and the feepayer and any such credit granted shall not be considered by the city unless and until a written statement signed by the superintendent, or his/her designee, of the district indicating that the district grants the credit. The responsibility for managing the accounting of such credits shall rest with the district. (Ord. 2017-01 (part), 2017)

16.48.140 Penalty provisions.#

16.48.140   Violations—Penalties.

A violation of this chapter shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction the violator shall be punishable according to law; however, in addition to or in lieu of any criminal prosecution the city shall have the power to sue in civil court to enforce the provisions of this chapter. (Ord. 2017-01 (part), 2017)

16.48.150   Sunset clause.

This chapter shall terminate one hundred eighty (180) days following any action taken by the state of California to either eliminate the provisions of Government Code Section 53080 et seq., or the elimination of the caps on school development fees imposed by Government Code Section 65995 et seq.§ (Ord. 2017-01 (part), 2017)

16.48.160   Severability.

If any section, phrase, sentence or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. (Ord. 2017-01 (part), 2017)