Chapter 1 — GENERAL PROVISIONS

This division shall be known and may be cited as the "School Facilities Dedication and Fee Ordinance".

This division is adopted pursuant to the provisions of Chapter 4.7 (commencing with § 65970) of Division 1 of Title 7 of the Government Code.

This division shall become operative 30 days after its effective date.

This division is intended to implement the school facilities dedication and fees legislation in the unincorporated area of the County of San Diego and to provide authority whereby the County, affected school districts and applicants for land development approvals may undertake such reasonable steps as are necessary to alleviate the overcrowding of school facilities.

The Board of Supervisors may from time to time, by resolution, issue regulations to provide for the administration of this division.

The Board of Supervisors of the County of San Diego finds and declares as follows:

(a) Adequate school facilities should be available for children residing in new residential developments.

(b) Public and private residential developments may require the expansion of existing public schools or the construction of new school facilities.

(c) In many areas of the County, the funds for the construction of new class room facilities are not available when new development occurs, resulting in the overcrowding of existing schools.

(d) New housing developments frequently cause conditions of overcrowding in existing school facilities which cannot be alleviated in a reasonable period of time without County involvement as provided for under existing state law.

(e) That, for the above reasons, new and improved methods of financing for interim school facilities necessitated by new development are needed in San Diego County.

The San Diego County General Plan provides for the location of public schools. Interim school facilities, whether temporary or permanent, to be constructed from fees paid or land required to be dedicated hereunder, or both, shall be consistent with the County General Plan.

(Amended by Ord. No. 10705 (N.S.), effective 1-8-21)

Any agreement existing prior to the operative date of this division between an applicant for a residential development and a school district and pertaining to the dedication of land and/or payment of fees for school facilities to serve the property which is the subject of the application, or any portion thereof, shall be recognized by a decisionmaking body hereunder and shall be considered by it as satisfying the requirements of this division.

(Repealed by Ord. No. 10705 (N.S.), effective 1-8-21)