San Diego County Municipal Code Ch. 2 Definitions

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*Cross reference(s)--Definitions, § 12.101 et seq.

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"Conditions of overcrowding" means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the school district.

"Reasonable methods for mitigating conditions of overcrowding" shall include, but are not limited to, agreements between a subdivider or other developer of residential developments and 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.

“Residential development” means a project containing residential dwellings, including mobilehomes, of one or more units or a subdivision of land for the purpose of constructing one or more residential dwelling units. Residential development includes, but is not limited to:

(a) A privately proposed amendment to the County General Plan which would allow an increase in authorized residential density and where no further discretionary action for residential development need be taken by a decision-making body prior to application for a building permit.

(b) A privately proposed specific plan or amendment to a specific plan which would allow an increase in authorized residential density.

(c) A tentative or final subdivision map or parcel map or a time extension on such a tentative map.

(d) A special use permit.

(e) An ordinance rezoning property to a residential use or to a more intense residential use.

(f) A building permit.

(g) Any other discretionary permit for residential use.

A residential development shall be exempt from the requirements of this division when it consists only of any of the following:

(a) Any modification or remodel of an existing legally-established dwelling unit where no additional dwelling units are created.

(b) A condominium project converting an existing apartment building into a condominium where no new dwelling units are created.

(c) Any rebuilding of a legally-established dwelling unit destroyed or damaged by fire, flood, explosion, act of God or other accident or catastrophe.

(d) Any rebuilding of an historical building recognized, acknowledged and designated as such by the County.

(e) The installation, siting or relocation of mobilehomes in then existing mobilehome parks.

(f) Any dwelling constructed to replace a dwelling taken in an eminent domain proceeding, if both dwelling sites lie within the same school district.

(g) An all-adult development, of five or more dwelling units, for which the serving school district has certified that the developer has made adequate legal assurances that all occupants residing in the development are over eighteen years of age. Such assurances may include a secured agreement to pay specified fees in the event persons eighteen years of age or under become residents of the development. Where a use permit is otherwise required by the San Diego County Zoning Ordinance for the development, further assurance shall be provided by a condition in such permit prohibiting occupants eighteen years of age or younger.

(Amended by Ord. No. 5264 (N.S.), effective 9-12-78; amended by Ord. No. 5552 (N.S.), effective 8-2-79; amended by Ord. No. 6122 (N.S.), effective 8-20-81; amended by Ord. No. 6596 (N.S.), effective 7-1-83; amended by Ord. No. 6668 (N.S.), effective 10-28-83; amended by Ord. No. 10705 (N.S.), effective 1-8-21)