3.50.070 Choice of dedication, provision of interim facilities, or payment of fees procedure.
The procedure for determining whether the dedication of land, the payment of fees in lieu thereof, or a combination of both, or the provision of interim facilities, for classroom and related facilities for elementary, intermediate or high schools, as a condition to the approval of a residential development, shall be as follows:
A. Request of Owner. At the time of filing an application for a residential development, the owner or developer of the property shall, as a part of the filing, state whether he desires to dedicate land, provide interim facilities, or pay a fee in lieu thereof. If he desires to dedicate land for such purpose, he shall designate the area thereof on the tentative tract map or the plot plan submitted.
B. Action by City. At the time of approval of said residential development, the City Council, upon the advice of the affected district, shall determine, as a part of such approval, whether to require a dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools.
C. Dedication Procedures. Where dedication is required, the land shall be conveyed directly to the affected district in accordance with standard conveyance procedures as approved by the City Attorney, or the district’s legal counsel, if other than the City Attorney, and shall be recorded prior to the issuance of a building permit.
D. Provision of Interim Facilities Procedure. When the builder of a residential development chooses to provide interim facilities, he shall do so at a place to be designated by the school district, and shall remove the facilities so provided at his own expense at the conclusion of the fifth school year.
E. In-Lieu Fee Procedure. When the payment of in-lieu fees is required, the owner or builder shall deposit said fees with the City, for transmittal to the district, and a receipt therefor shall be filed with the City’s Building Inspection Department prior to the issuance of a building permit.
F. Criteria for Determination. Whether the City Council, upon the advice of the district, determines to require a dedication of land or the payment of an in-lieu fee, or a combination of both, shall be determined by consideration of the following criteria:
1. The City’s General Plan;
2. The topography, geology, access and location of the land in the development available for dedication;
3. The size and shape of the development and the land available for dedication;
4. The location of existing or proposed class- room and related facilities for elementary or high schools within and adjacent to the attendance area of the development; and
5. The desirability of developing the land proposed for dedication as determined by a schematic site plan submitted by the owner or developer.
The determination of the City Council as to whether land shall be dedicated, or whether a fee shall be paid, or a combination thereof, shall be final and conclusive.