DIVISION 4. SCHOOL FACILITIES

SEC. 15-115. TITLE.

   This division shall be known and may be cited as the “School Facilities Fee Ordinance.”

(`64 Code, Sec. 27-77.1) (Ord. No. 1781)

SEC. 15-116. AUTHORITY.

   This division is adopted pursuant to the provisions of Cal. Gov't Code, Chapter 4.7, commencing with Section 65970, of Division 1 of Title 7.

(`64 Code, Sec. 27-77.2) (Ord. No. 1781)

SEC. 15-117. PURPOSE.

   The purpose of this division is to provide a method for financing interim school facilities necessitated by conditions of overcrowding caused by new residential developments.

(`64 Code, Sec. 27-77.3) (Ord. No. 1781)

SEC. 15-118. REGULATIONS.

   The city council may, from time to time, by resolution issue regulations to provide for the administration and implementation of this division.

(`64 Code, Sec. 27-77.4) (Ord. No. 1781)

SEC. 15-119. GENERAL PLAN.

   The 2020 General Plan provides for the location of public schools. Where facilities are to be constructed from fees or land required to be dedicated hereunder or both, they shall be consistent with such general plan.

(`64 Code, Sec. 27-77.5) (Ord. No. 1781)

SEC. 15-120. DEFINITIONS.

   For purposes of this division, the following words shall have the following meanings:

   (A)   CONDITIONS OF OVERCROWDING - The total enrollment of a school, including enrollment from proposed development, exceed the capacity of the school as determined by the governing body of the district.

   (B)   DECISION-MAKING BODY - The city council, commission and such other board, commission, office or official as may be authorized or empowered to approve or make recommendations for approval of any residential development.

   (C)   DWELLING UNIT - A building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit. Dwelling unit shall not mean room additions to existing residential structures.

   (D)   APPROVE A RESIDENTIAL DEVELOPMENT -

      (1)   To approve or recommend approval of an ordinance rezoning property to a residential use;

      (2)   To grant a building permit;

      (3)   To approve or recommend approval of a tentative subdivision map or parcel map for a subdivision of land; or

      (4)   To grant or recommend the granting of a variance, special use permit or planned development permit.

   (E)   REASONABLE METHODS OF MITIGATING CONDITIONS OF OVERCROWDING - Includes but is not limited to concepts such as:

      (1)   Agreements between a developer and the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the developer or school district will be used;

      (2)   The use of relocatable structures, student transportation, classroom double sessions, year-round school programs, school boundary realignments, and elimination of low priority school facility uses;

      (3)   The use of available tax, bond, and other revenue procedures to the extent authorized by law; or

      (4)   The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

   (F)   RESIDENTIAL DEVELOPMENT -

      (1)   The construction of one or more non-mobile home dwelling units;

      (2)   The construction of a mobile home park;

      (3)   The subdivision of real property for the purpose of such construction or for the purpose of converting existing multiple-family structures to condominium or stock cooperative ownership; or

      (4)   The conversion to a residential use of an existing structure or part thereof pursuant to a variance, special use permit, planned development permit or other discretionary planning permit.

(`64 Code, Sec. 27-77.6) (Ord. No. 1781)