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RESOLUTION 2015 -053 <br />A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS <br />DENYING THEBOARD OF TRUSTEES OF THE LOS GATOS UNION SCHOOL <br />REQUEST TO SET AN INTERIM SCHOOL FACILITIES FEE <br />WHEREAS, the Legislature of the State of California enacted Government Code Sections <br />65970 -65981 in 1977 (SB 201), in order to provide a means to alleviate overcrowding in public <br />schools caused by new residential development; and <br />WHEREAS, the Legislature of the State of California enacted Government Code Sections <br />65995 -65996 in 1986 (amended by Senate Bill 50 (SB 50) and Proposition IA in 1998), provide <br />a comprehensive school facilities financing and reform program that prohibits local agencies <br />from denying either legislative or adjudicative land use approvals on the basis that school <br />facilities are inadequate; and <br />WHEREAS, the Los Gatos Union School District (hereinafter the "School District ") has <br />made and presented to the Town Council of the Town of Los Gatos, a Resolution containing <br />findings that conditions of overcrowding exist in the attendance area of the School District within <br />the Town of Los Gatos and requesting the Town of Los Gatos to enact an Interim School <br />Facilities Fee of $9.57; and <br />WHEREAS, the Town Council of the Town of Los Gatos held public hearings on <br />September 1 and September 15, 2015 on the finding of overcrowding of the School District and <br />the request to enact an Interim School Facilities Fee of $9.57 per sq. ft. <br />NOW, THEREFORE, the Town Council of the Town of Los Gatos does find and resolve <br />as follows: <br />SECTION 1: <br />SB 50 created a comprehensive school facilities financing and mitigation regime. The <br />effect of these SB 50 provisions is to limit the school fees that can be charged to new <br />development and to remove the ability of the Town of Los Gatos to make land use decisions <br />based on the inadequacy of school facilities or school overcrowding. Therefore, the Town <br />Council of the Town of Los Gatos denies the School District request to set an Interim School <br />Facilities Fee at $ 9.57 per sq. ft. <br />1of3 <br />