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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 -1- 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. -2- 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 -3- 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 -4- 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) ., 19 77...