Sec. 9-8.06.  Choice of dedication or payment of fees: Procedures.
   The procedure for determining whether the dedication of land, the payment of fees in lieu thereof, or a combination of both for classroom and related facilities for elementary, intermediate, or high schools as a condition to the approval of a residential development shall be as follows:
   (a)   Requests of owners.  At the time of filing an application for a residential development, the owner of the property, as a part of the filing, shall state whether he desires to either dedicate land or pay a fee in lieu thereof.  If he desires to dedicate land for such purpose, he shall designate the area thereof on the tentative tract map or the plot plan submitted.
   (b)   Action by City.  At the time of the approval of such residential development, the Planning Commission or the Council, upon the advice of the district, shall determine, as a part of such approval, whether to require a dedication of land, the payment of fees in lieu thereof, or a combination of both for classroom and related facilities for elementary or high schools. Only the payment of fees shall be required in subdivisions containing fifty (50) parcels or less.
   (c)   Dedication procedures.  Where dedication is required, the land shall be conveyed directly to the district in accordance with standard conveyance procedures as approved by the County Counsel and shall be recorded prior to the issuance of a building permit.
   (d)   In lieu fee procedure.  When the payment of in lieu fees is required, such fees shall be deposited with the district, and a receipt therefor from the district shall be filed with the Community Development Department prior to the issuance of a building permit.
   (e)   Criteria for determinations.  Whether the Planning Commission or the Council, upon the advice of the district, determines to require a dedication of land, the payment of an in lieu fee, or a combination of both shall be determined by consideration of the following criteria:
   (1)    The City’s General Plan;
   (2)   The topography, geology, access, and location of the land in the development available for dedication;
   (3)   The size and shape of the development and the land available for dedication;
   (4)   The location of existing or proposed classroom and related facilities for elementary or high schools within and adjacent to the attendance area of the development; and
   (5) The desirability of developing the land proposed for dedication as determined by a schematic site plan submitted by the owner or developer.
   The determination of the Planning Commission as to whether land shall be dedicated, or whether a fee shall be paid, or a combination thereof shall be final and conclusive, unless appealed to the Council, or unless the determination is made directly by the Council on a matter regarding which final discretionary approval is vested in the Council.
(§ 1, Ord. 684-NS, eff. August 17, 1978)