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(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)
(A) The fees collected pursuant to this division shall be remitted to the affected school districts.
(B) The fees or land, or both, shall be used by the school districts in accordance with the requirements of Cal. Gov't Code, Chapter 4.7, Division 1, Title 7.
(`64 Code, Sec. 27-77.16) (Ord. No. 1781
(A) (1) Any school district receiving funds pursuant to this division shall maintain a separate account for any fees received and shall file a report with the city council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year.
(2) In addition, the report shall specify which attendance areas will continue to be overcrowded when the fall term begins, and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1 of each year and shall be filed more frequently at the request of the city council.
(B) If overcrowding conditions no longer exist, the city shall cease levying fees pursuant to this division for residential development in that attendance area.
(`64 Code, Sec. 27-77.17) (Ord. No. 1781)
ARTICLE V. IMPROVEMENTS AND STANDARDS
DIVISION 1. REQUIRED IMPROVEMENTS
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