In an attendance area where the City Council has concurred as provided in Section 19.06.030 hereof, the owner and/or developer of a proposed residential development, as a condition of approval or the obtaining of a building permit, shall dedicate land, pay fees in lieu thereof, or do a combination of both, for class-room and related facilities for elementary and/or high schools provided that:
A. 
The General Plan provides for the location of public schools; and
B. 
The ordinance authorized by Chapter 4.7 and adopted by the City Council has been in effect for a period of thirty days prior to the implementation of the dedication or fee requirements;
C. 
The land or fees or both transferred to the school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities; provided, that the fees shall not exceed the amount necessary to pay five annual lease payments for the interim facility; and
D. 
In lieu of fees, the builder of a residential development may at his/her option and at his/her expense provide interim facilities, owned or controlled by the builder, at the place designated by the school district, and at the conclusion of the fifth year the builder shall at the builder's expense remove the interim facilities from such place; and
E. 
A finding is made by the City Council that the facilities to be constructed from such fees or land to be dedicated, or both, is consistent with the General Plan.
(Ord. 161-78 § 1, 1978; Ord. 161.1-81 § 1, 1981)
Residential developments shall be exempt from the requirements of this chapter when they consist only of the following:
A. 
Any modification or remodeling of an existing legally established dwelling unit;
B. 
A condominium project converting an existing apartment building which is more than five years old into a condominium where no new dwellings are added;
C. 
Any rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion, act of God or other accident or catastrophe;
D. 
Any rebuilding of a historical building recognized, acknowledged, and designated as such by the City Council.
(Ord. 161-78 § 1, 1978)
Any legally enforceable agreement existing prior to the effective date of the ordinance codified in this title between the Board and developer pertaining to the dedication of land and/or payment of fees for School Facilities shall be recognized by the City Council and may be considered by it as satisfying this title's requirements.
(Ord. 161-78 § 1, 1978)