The following standards are intended to provide a mechanism whereby the impact of new development on public school facilities can be evaluated, and appropriate mitigation measures for the provision of school facilities be required if necessary.
A. Annual School Impact Report. The city shall, at the commencement of each calendar year, request that each school district serving the city and/or its sphere of influence area, submit in a timely manner, a report to the city which addresses all of the following for each district facility:
1. Current demand;
2. Existing capacity;
3. Future expansion needs;
4. Student generation factors;
5. Status report of overcrowding of facilities; and
6. Status of applications and eligibility for state funding.
B. Submittal of Applications to School Districts. The city shall transmit the application materials for any land use entitlement to the applicable school district within ten days of filing an application.
C. School Impact Analysis Required. Within twenty (20) days of the receipt of an application for any land use entitlement, the applicable school district shall prepare a school impact analysis based on the most recent school impact report. The analysis should evaluate the proposed project's impact on the demand for schools based on the servicing area. If the school district fails to submit the analysis to the city in a timely manner, the city may assume that the school district has no information to submit.
D. California Environmental Quality Act Compliance. Notwithstanding subsection 16.36.050(C), the city shall conduct an environmental analysis of the impact of a project on the affected school district.
E. Phasing of Development/Density Reduction. If adequate school facilities will not be available in a timely manner, pursuant to the impact analysis required in subsection 16.36.050(C), the city may reduce the density of a project or phase development of a project until adequate school facilities are available.
F. Projects Involving Legislative Acts. The provisions of this subsection shall apply to new development projects that include any of the following land use entitlement applications: development agreements, general plan amendments, master development plans, public financing and/or redevelopment proposals, specific plans, zone changes, and other legislative approval.
Prior to the approval of an implementing entitlement, a conditional use permit, a development plan permit, or a tentative map that is part of any land use entitlement described above, an approved copy of any impact mitigation agreement entered into between a developer and a district, shall be provided to the department. School impact mitigation agreements are not required to be approved at the time of approval of the legislative act, except when concurrent implementing entitlements are processed (e.g., a change of zone and a conditional use permit).
G. Projects not Involving Legislative Acts. The provisions of this subsection shall apply to new development projects which do not involve a legislative action, (e.g., as a conditional use permit, a development plan permit, or a tentative map).
1. All residential development proposals of seventy-five (75) gross acres or more, not within a master development plan or specific plan, shall be evaluated for possible inclusion of a ten net usable acre elementary school site.
2. Development proposals are not required to obtain a separate school impact mitigation agreement from the applicable school district prior to the issuance of a building permit. School mitigation fees shall be as authorized under state statute.
(Ord. 196 § 2, 1998)