Ordinance 1977-25ORDINANCE NO~ 77-25
AN ORDINANCE OF TIlE COUNCIL OF TtlE CITY OF GILROY
RELATING TO ISSUANCE OF BUILDING PEP~ITS IN ATTENDANCE
AREAS OF Ib~ACTED SCHOOLS,
THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS:
Section I. Intent and Findings~
The Council of the City of Gilroy has no responsibility for or
control over the administration of a school district, The Council
recognizes that it does not have the legal ability to tax or enact
revenue generating measures for the benefit of a school district. It
is also recognized, however, that the local city or county planning
subdivision and building apProval process - over which the schools
have no control - can result in overcrowded classrooms when enrollment
increases faster than the district is able to provide the necessary
facilities. Overcrowding in schools of necessity reduces the quality
of education for all students and makes it more difficult to provide
the individual attention necessary to overcome learning disabilities
and the resulting frustration which often culminates in juvenile
delinquency. It has a direct adverse effect upon the health, safety
and welfare of the entire community.~ By enacting 'this ordinance, the
Council of the City of Gilroy expresses an intention t° exercise its
land use authority in a manner which will not further overcrowd
facilities of an i~npacted school district~
Section II. Declaration of Impaction.
At any time during the year the governing board of the Gilroy
Unified School District may submit an application to the Council
requesting a declaration of impaction. The Council shall set a public
hearing within 30 days of receipt of such application. Following
completion of the public hearing the Council by resolution may adopt
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0RDINAiqCE NO. 77-25
a declaration of impaction if it makes either of the following
findings:
(a) That within one or more schools ~ithin the district the
area allocated to classroom and related space is less than 55 square
feet per pupil for kindergarten and grades one through five, 75
square feet per pupil for grades six through eight, and 85 square
feet per pupil for grades nine through twelve.
(b) That for reasons unique to a particular school it is deemed
to be overcrowded notwithstanding sufficient square footage per pupil
as described in (a) above~ For example, architectural factors relating
to the time when a particular facility was constructed may render it
unique. The policies and programs of a district's governing board
may create unique circumstances at a particular school~
For purposes of making the finding under either (a) or (b)
above, the Council may consider the number of residential parcels
proposed to be created under approved and still valid tentative sub-
division maps on real property located within the attendance area of
the school in question. Enrollment projections for such subdivisions,
with supporting documentation, shall be made by the district and
submitted with its application for consideration by the Council.
The declaration of impaction automatically expires one year from
the date of adoption u~less earlier renewed.upon application from
the governing board of the district. Applications for renewal shall
be processed and acted upon in the same manner as an original
application. The declaration of impaction shall not be applicable
district wide but only as to the attendance area of schools determined
to be impacted.
Section III. Form of Application.
The application for a declaration of impaction shall be in the
form of a resolution adopted by the governing board of the district.
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ORDINanCE NO. 77-25
It shall specify the reasons %~hy a particular school or schools
are deemed to be impacted, shall indicate the square footage per
pupil, and shall include a map with sufficient detail to establish
the attendance area of the sChool or schools in question. The
resolution shall also state the extent to %~hich the governing board
has considered and rejected or implemented the following options to
alleviate impaction:
a. Temporary buildings;
b. Busing;
c. Double sessions;
d. Extended day ?rogram;
.e. Year-round school attendance
f. Open enrollment;
g. Attendance area realignment;
h. Elimination of low priority uses at the impacted school~
i. Increasing the tax rate;
j. Election for bond authorization.
Together with its resolution of application for a declaration of
impaction, the governing board shall submit a statement shorting the
range o£ mitigation measures available to an applicant for a building
permit on property within the attendance area of an impacted school.
Section IV. Issuance of PermitS.
Copies of the Council's declaration of impaction together with
maps of the attendance area of the impacted school or schools shall be
available for the public ~ithin the offices of the Secretary of the
Planning Co~nission and the Chief Building Inspector. Upon application
for a building permit to construct a new residential dwelling within
the attendance area of an impacted school, the Building Inspector
shall require before issuing such a permit that the applicant present
ORDINA~CE ~0 77-25
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correspondence from the school district indicating that measures
to mitigate the impact of the proposed new construction have been
waived or have been agreed to between the applicant and the district.
Mitigating measures shall be designed to relieve the burden created
by additional or potentially additional enrollment at an impacted
school.
Section ~. Appeal.
Any applicant for a permit to construct a new residential dwelling
who cannot reach agreement with a school district regarding measures
to mitigate the effect of the project upon an impacted school may file
a written appeal to the Council through the City Clerk. Following
publ%c hearing on the appeal, the Council may authorize issuance of
a permit without the necessity for agreement with the school district
on mitigation measures upon a finding of overriding economic, environ-
mental or personal hardship considerations or upon a finding that
requiring mitigation measures would not be in furtherance of the
purposes of this ordinance.
PASSED AND ADOPTED this 1st day of August. 1977, by the following
AYES:
vote:
NOES:
ABSENT:
COUNCI~4EMBERS: CHILDERS, CUNNINGHAM, HUGHAN, STOUT
and PATE
COUNCILMEMBERS: LINK
COUNCII24EMBERS: GOODRICH
APPROV~ ~
Mayor Protempore
ORDINANCE NO. 77-25
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I, SUSANNE E. STEI~METZ, City Clerk of the City of Gilroy, do hereby
certify that the attached Ordinance No. 77-2§ is an original ordinance,
duly adopted by the Council of the City of Gilroy at a regular meeting of
said Council held on the 1st day of August .. , 1977 , at which
meeting a quorum was present.
IN ~41TNESS WHEREOF, I have hereunto set my hand and affixed the
I of Gi l~oy, this .2.nd day of August
officia ~'~seal of the City
~City Clerk-of the City of Gilroy (~7L,
(Seal)
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