Article 1 — General Provisions

This chapter shall be known and may be cited as the "Ojai School Facilities Fee/Dedication Law." (§ 1, Ord. 634, eff. November 21, 1985)

This chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970 ) of Title 7 of the Government Code of the State.

(§ 1, Ord. 634, eff. November 21, 1985)

The provisions of Title 10 , Chapter 8 (School Facilities Fees and Dedications) shall apply to residential development in those portions of the City which lie within an attendance area of a school district with respect to which attendance area the governing board of the school district has made and filed with the Council the findings described in Section 10-8.301 (Findings by school districts).

(§ 1, Ord. 634, eff. November 21, 1985, as amended by § 161, Ord. 941, eff. November 10, 2023)

The Council, from time to time, by resolution, may issue regulations to provide for the administration and implementation of Title 10 , Chapter 8 (School Facilities Fees and Dedications. (§ 1, Ord. 634, eff. November 21, 1985, as amended by § 162, Ord. 941, eff. November 10, 2023)

The General Plan of the City provides for the location of public schools. Where facilities are to be constructed using fees or land, or both, required to be dedicated pursuant to this chapter, they shall be consistent with the General Plan.

(§ 1, Ord. 634, eff. November 21, 1985)

Article 2. Definitions

For the purposes of Title 10 , Chapter 8 (School Facilities Fees and Dedications), unless otherwise apparent from the context, certain words and phrases used in Title 10 , Chapter 8 (School Facilities Fees and Dedications) are defined as set forth in Title 10 , Chapter 8 , Article 2 (Definitions).

(§ 1, Ord. 634, eff. November 21, 1985; as amended by § 163, Ord. 941, eff. November 10, 2023)

"Conditions of overcrowding" exist in the school or schools of an attendance area whenever the total actual or projected enrollment of such school or schools for either the current fiscal year or any one of the next succeeding four fiscal years exceeds the maximum number of pupils which, in the judgment of the governing board of the school district, such school or schools could physically accommodate without a substantial reduction in the quality of the educational programs being offered or projected to be offered at such school or schools in such current or succeeding fiscal years.

(§ 1, Ord. 634, eff. November 21, 1985)

"Decision-making body" shall mean the Council, Planning Commission, and such other board, commission, office, or official as may be authorized or empowered to approve, or make recommendations for the approval of, any residential development.

(§ 1, Ord. 634, eff. November 21, 1985)

"Dwelling unit" shall mean 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. (§ 1, Ord. 634, eff. November 21, 1985)

To "approve a residential development" shall mean to:

• (a) Grant a building permit;

• (b) Approve or recommend the approval of a tentative map, final map, or parcel map for a subdivision of land; or

(c) Grant or recommend the granting of a variance, conditional use permit, or planned development permit. (§ 1, Ord. 634, eff. November 21, 1985)

"Reasonable methods for mitigating conditions of overcrowding" shall mean and include, but not be limited to, agreements between a subdivider or other developer of residential developments in 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 school district will be used.

(§ 1, Ord. 634, eff. November 21, 1985)

"Residential development" shall mean:

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

• (b) The preparation of a site for or the installation of one or more mobile home dwelling units;

• (c) The subdivision of land for the purpose of such construction, preparation, or installation; and

• (d) The use of a building, or a portion of a building, as a residence or residences in a zone where such use is permitted only pursuant to a variance, conditional use permit, or planned development permit or in conjunction with or to enhance the operation of a permitted use.

• (§ 1, Ord. 634, eff. November 21, 1985)