San Diego County Municipal Code § 82.401 Requirement of Fees and/or Dedications

For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist as determined pursuant to Section 82.301, the County may require, as a condition to the approval of a residential development, the dedication of land, the payment of fees in lieu thereof, or a combination of both, as determined by a decision-making body during the hearings and other proceedings on specific residential development applications falling within its jurisdiction. Prior to imposition of the fees and/or dedications of land, it shall be necessary for a decision-making body acting on the application to make the following findings:

(a) The County General Plan provides for the location of public schools.

(b) The lands or fees, or both, shall be used only for purpose of providing interim elementary, junior high or high school classroom and related facilities as defined by the governing body of the district.

(c) The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary, junior high or high school facilities and shall be reasonably related and limited to the need for schools caused by the development.

(d) The facilities to be constructed, purchased, leased, or rented from such fees or the land to be dedicated or both is consistent with the County General Plan.

(Amended by Ord. No. 7244 (N.S.), effective 1-9-87, operative 4-1-87)

Notwithstanding the provisions of Section 82.401, the issuance of a building permit shall not be conditioned upon the payment of a fee pursuant to this division until a fee standard for the school district within which the property for the proposed building lies has been established and concurred in pursuant to Section 82.403.

(Added by Ord. No. 5174 (N.S.), effective 5-23-78)