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Ordinance 1986-09 ORDINANCE NO. 86- 9 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY RELATING TO ISSUANCE OF BUILDING PERMITS IN ATTENDANCE AREAS OF IMPACTED SCHOOLS. THE COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: Section I. Intent' a~nd 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 aad welfare of the entire community. By enacting this ordinance, the Council of the City of Gilroy expresses an intention to exercise its land use authority in a manner which will not further overcrowd facilities of an impacted 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 ORDINANCE NO. 86-9 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 a declaration of impaction if it makes either of the following findings; (a) That within one or more schools within 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 (~) 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 (lb) above, the Council may consider the number of residential parcels proposed to be created under approved and still valid tentative subdivision 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. ORDINANCE NO. 86-9 -2- The declaration of impaction automatically expires one year from the date of adoption unless 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. It shall specify the reasons why 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 which the governing board has considered and rejected or implemented the following options to alleviate impaction: f g h. ORDINANCE NO. 86-9 Temporary buildings; 'Busing; Double sessions; Extended day program; Year-round school attendance Open enrollment; Attendance area realignment; Elimination of low priority uses at the impacted school; -3- i. Increasing the tax rate; j. Election for bond authorization. Together with its resolution of application for a declaration of impmction, the governing board shall submit a statement showing the range of 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. (a) 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 at the offices of the Secretary of the Planning Commission and the Chief Building Inspector. (b) No ordinance rezoning property to a residential use, discretionary permit for residential use or tentative subdivision map for residential use shall be approved for a development within the attendance area of an impacted school unless the applicant presents correspondence from the school district showing that measures to mitigate the impact of the proposed development upon the affected school have been agreed upon between the applicant and the district or have been waived by the district. Where the land use approval can be conditionally granted, the application may be conditioned to require such agreement or waiver prior to final approval of the use. ORDINANCE NO. 86-9 (c) If the payment of fees is required as a means of mitigating the impact of the development, the payment shall be made at the time a building permit or mobilehome permit is issued or at a later time as may be agreed upon by the district. (d) No building permit or mobilehome permit for a residential use shall be issued within the attendance area of an impacted school unless a clearance letter has been issued by the school district attesting that the required mitigation measures have been satisfied or are waived. (e) "Residential use" means a project containing residential dwellings, including mobilehomes, of one or more units or a suSdi¥ision of land for the purpose of constructing one or more residential dwelling units. Section V. Alternate Method. The method of mitigating school impaction enacted by this Ordinance is an alternate to the method set forth in Gilroy Ordinance No. 77-~41 and Government Code Sections 65970 e_!t. seq., as authorized by the California 'Supreme Court in Candid Ent'erprfSes, IHc. v.' ~Grossmont Union High School District, filed September 26, 1985. Gilroy Ordinance No. 77-25 is hereby repealed. PASSED AND ADOPTED this 7th day of July 1986 by the following vote: AYES: NOES: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALBERT ATTE : AP~~~ I, SUSANNE Eo STEIN~TZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance NOo 86-9 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th ~day of July , 19 86 , at which meeting a quorum was present° IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy, this 17th day of July , 19 86 . 7~lty Clerk of the Czty of Gllroy~-~