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After receipt of findings complying with the requirements of this division, the city council shall, by resolution, either concur in or reject such findings. Such findings may be rejected only if the city council determines that such findings are not supported by the weight of the evidence. At any time after it has concurred in or rejected such findings, the city council may reconsider the matter.
(`64 Code, Sec. 27-77.9) (Ord. No. 1781)
Any school district which files findings shall also file with the city council a schedule specifying how the school district will use fees or land received by it pursuant to this division to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the time when such facilities will be available. If the school district cannot meet the schedule, the school district shall file modifications with the city council together with a statement of the reasons for the modifications.
(`64 Code, Sec. 27-77.10) (Ord. No. 1781)
Within any attendance area where the school district has determined pursuant to this division that conditions of overcrowding exist, no decision-making body shall approve a residential development unless such decision-making body first determines one of the following:
(A) That the school district has entered into an agreement with the applicant or some other person which provides a feasible means for mitigating any aggravation of such conditions of overcrowding which would be caused by the residential development;
(B) Where the application is for a building permit, that the applicant has paid the school fees as required by this division;
(C) Where the application is for an approval which does not include the grant of a building permit, that such approval is conditioned upon the payment of school fees pursuant to this division; or
(D) That there are specific, overriding fiscal, economic, social or environmental factors which would benefit the city, thereby justifying approval of the residential development without requiring the payment of fees which would otherwise be required pursuant to this division.
(`64 Code, Sec. 27-77.12) (Ord. No. 1781)
(A) Every person carrying out a residential development in an area where school overcrowding has been determined to exist, shall pay a facilities fee for each elementary and junior high school student and an additional facilities fee for each senior high school student generated by the development. The amount of the facilities fee per student shall be set by resolution of the city council after consultation with the affected school districts, and shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary, junior high and high school facilities and shall be reasonably related and limited to the need for schools caused by the residential development. However, fees shall not exceed the amount necessary to pay five annual lease payments for interim facilities prorated per student. The fee shall be paid at the time of the issuance of a building permit, or when none is required, before occupancy of an existing structure as a condominium or for residential purposes.
(B) In lieu of the payment of fees, the builder of the residential development may, at his or her option and at his or her expense, provide interim facilities, owned or controlled by the builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder's expense, remove the interim facilities from that place.
(`64 Code, Sec. 27-77.13) (Ord. No. 1781)
(A) Student population density for the purpose of this division shall be determined by resolution of the city council based upon the number of students reasonably expected to be housed in each dwelling unit in the development.
(B) The number of dwelling units shall be determined by reference to the building permits issued permitting residential development or by reference to the discretionary permit or map permitting conversion of existing structures to residential use.
(`64 Code, Sec. 27-77.14) (Ord. No. 1781)
Upon agreement by the developer, the city council and the affected school district, a developer may dedicate land in lieu of paying the fees required by this division. The fair market value of the land so dedicated shall be equivalent to the amount of fees otherwise required.
(`64 Code, Sec. 27-77.15) (Ord. No. 1781)
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