Article 4 — Prerequisites for Development Approval

Within any attendance area for which there is: (a) a finding, concurred in by the Council, of conditions of overcrowding, (b) a schedule filed pursuant to Section 10-8.305 (School district schedules), and (c) a finding made pursuant to Section 10-8.306 (Findings by the Council) of consistency with the General Plan, no decisionmaking body shall approve a residential development unless such decision-making body first makes one of the following findings:

• (a) That the school district has entered into an agreement with the applicant or some other person which agreement provides a feasible means for mitigating any aggravation of such conditions of overcrowding which would otherwise be caused by the residential development;

• (b) Where the application is for a building permit, that the applicant has paid the facilities fee set forth in Section 10-8.402 (Facilities fees) and, where applicable, the land fee set forth in Section 10-8.403 (Land fees);

• (c) Where the application is for an approval which does not include the granting of a building permit, that such approval is conditioned upon the dedication of land (if any) required of the applicant pursuant to Section 108.404 (Dedication of land), and further, that the map, variance, or permit so approved contains notice that the issuance of any building permit for residential development of the property shall be subject to the payment of such fees as may be required by Title 10 , Chapter 8 (School Facilities Fees and Dedications); or

• (d) That there are specific, overriding physical, economic, social, or environmental factors which justify the approval of the residential development without requiring the payment of fees or the dedication of land which would otherwise be required pursuant to Title 10 , Chapter 8 (School Facilities Fees and Dedications).

• (§ 1, Ord. 634, eff. November 21, 1985, as amended by § 169, Ord. 941, eff. November 10, 2023)

The amount of facilities fee to be paid by an applicant for a building permit for a residential development shall be the dollar amount equal to "X" in the following formula:

X = AC ÷ B

Where:

"A" = the total estimated cost in dollars to the school district of renting, furnishing, and equipping for a five year period a relocatable classroom and related facilities pursuant to a lease which does not include an option to purchase but which does obligate the lessor, at no additional cost to the school district, to prepare a site owned by the school district, install the facilities thereon, and remove the facilities therefrom upon the termination or expiration of the lease;

• "B" = the maximum number of pupils which can reasonably be accommodated by such relocatable classroom and related facilities at any given time; and

"C" = the estimated maximum number of pupils which, in either the current fiscal year or any one of the next succeeding four fiscal years, will reside in the dwelling unit or units authorized by the permit and will enroll in the school or schools serving the attendance area in which such dwelling unit or units will be located.

The specific number values to be assigned to "A" and "B" and the maximum number of pupils which it is estimated will reside in each of the various types of dwelling units referred to in "C" in the formula set forth in this section shall be determined by resolution of the Council from time to time on the basis of evidence submitted to it by school districts and other interested parties. Facilities fees shall be paid directly to the school district. (§ 1, Ord. 634, eff. November 21, 1985)

A land fee shall be exacted only in an attendance area with respect to which the findings by the governing board of the school district made pursuant to Section 10-8.301 (Findings by school districts) include the findings described in Section 10-8.301 (Findings by school districts), subsection (c) . The amount of the land fee to be paid by an applicant for a building permit for a residential development shall be the dollar amount equal to "Y" in the following formula:

Y = D x E x C

Where:

"D" = the estimated fraction of an acre of land per pupil reasonably necessary to accommodate relocatable classrooms and related facilities;

"E" = the estimated average fair market value per acre of those specific lands which the school district is considering for possible acquisition within the next five years for the purposes of accommodating classrooms and related facilities; and

"C" = the number value assigned to "C" for the purposes of Section 10-8.402 (Facilities fees).

The specific number values to be assigned to "D" and "E" in the formula set forth in this section shall be determined by resolution of the Council from time to time on the basis of evidence submitted to it by school districts and other interested parties. Land fees shall be paid directly to the school district.

(§ 1, Ord. 634, eff. November 21, 1985, as amended by § 170, Ord. 941, eff. November 10, 2023)

Subject to the provisions of this section, the decision-making body may condition the approval of any residential development which is a subdivision of land upon the dedication of land to the school district. Such a condition shall be imposed only if the school district has consented to the particular dedication in question. No dedication of land may be required as a condition of the approval of any residential development, other than a subdivision of land, or as a condition of the approval of a tentative map, final map, or parcel map for the subdivision of land into 50 or less parcels. The amount and location of the land to be dedicated shall bear a reasonable relationship and be limited to the need for interim school facilities caused by the residential development. If a dedication of land is required as a condition of the approval of a particular subdivision, any fee which would otherwise be required pursuant to this article for building permits relating to the subdivision, which permits are issued within five years next following the filing for recordation of such subdivision, shall be excused in an amount equal to the fair market value of the dedicated land as of the date on which the subdivision was filed for recordation. The fair market value of the dedicated land shall be determined in the following manner:

• (a) By mutual agreement of the school district and the applicant for the approval of the subdivision; or, if they are unable to agree;

• (b) By an appraisal at the school district's expense, prepared by a qualified real estate appraiser selected by the school district; or, at the option of the applicant for the approval of the residential development;

• (c) By taking the average of two appraisals, one of which is at the school district's expense, and is prepared by a qualified real estate appraiser selected by the school district, and the other of which is at the applicant's expense, and is prepared by a qualified real estate appraiser selected by the applicant.

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

A building permit for the following residential developments, if otherwise proper, shall be issued without requiring the payment of fees or the dedication of land which would otherwise be required pursuant to the provisions of Title 10 , Chapter 8 (School Facilities Fees and Dedications):

• (a) The replacement or remodeling of a lawfully constructed residential dwelling unit which was lawfully occupied as a residential dwelling unit at some time within the one-year period immediately preceding the date on which the application for the permit is accepted;

• (b) Approved senior citizen housing, facilities for the physically handicapped, and low-income projects; and

• (c) Second units as defined by Sections 10-2.1709 (Accessory dwelling units) and 10-2.3602 (Definitions of specialized terms and phrases), subsection (s).

(§ 1, Ord. 634, eff. November 21, 1985, as amended by § 171, Ord. 941, eff. November 10, 2023)