Sand City Municipal Code Art. I General Provisions

This chapter shall be known as the "school facilities dedication ordinance of the City." The purpose of this chapter is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

(Ord. 78-92 Ch. 1 §1)

This chapter is enacted pursuant to Chapter 4.7 (Gov. Code Section 65970 ff.) and constitutes the ordinance referred to in Sections 65972 and 65974 of Chapter 4.7. In the case of any conflict between the provisions of this chapter and those of Chapter 4.7, the latter shall prevail.

(Ord. 78-92 Ch. 1 §2)

The City's general plan provides for the location of public schools. Interim school facilities to be constructed from fees or land required to be dedicated, or both, shall be consistent with the general plan.

(Ord. 78-92 Ch. 1 §3)

The Council may from time to time, by resolutions, issue regulations to establish administration, procedures, interpretation and policy direction for this chapter.

(Ord. 78-92 Ch. 1 §4)

Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purposes of this chapter.

"Chapter 4.7"

means Chapter 4.7, commencing with Section 69570 of Division 1 of Title 7 of the Government Code as added by Chapter 955 of the Statutes of 1977, and any subsequent amendments thereto.

"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 district.

"Dwelling unit"

means a building or a portion thereof, or a mobile home, designed for residential occupancy by one person or a group of two or more persons living together as a domestic unit.

"Other methods for mitigating conditions of overcrowding"

may include, but are not limited to the following:

The use of available annual revenue limit and bond revenue;

The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

"Reasonable methods for mitigating conditions of overcrowding"

includes, but is not limited to, agreements between a subdivider and the affected school district whereby temporary-use buildings will be leased to the school district or temporary-use buildings owned by the school district will be used.

"Residential development"

means a project containing residential dwellings, including mobile homes, 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 preliminary or final development plan, a subdivision tentative of final map, a parcel map, conditional use permit, a building permit, and any other discretionary permit for new residential use.

(Ord. 78-92 Ch. 2 §§1—7)