At the time of filing an application for the issuance of a building permit or for the approval of a proposed residential development (rezoning, tentative subdivision map or discretionary permit) located in an attendance area where the City Council has concurred as provided in the title, the applicant shall, as part of such filing, indicate whether he or she prefers to dedicate land for interim School Facilities or to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, he or she shall suggest the specific land.
(Ord. 161-78 § 1, 1978)
At the time of initial residential development or building permit approval, the City Council shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof or a combination of both. In making this determination, the City Council shall consider the following factors:
A. 
Whether lands offered for dedication will be consistent with the General Plan;
B. 
The topography, soils, soil stability, drainage, access, location and general utility of land in the development available for dedication;
C. 
Whether location and amount of lands proposed to be dedicated or the amount of fees to be paid, or both, will bear a reasonable relationship and will be limited to the needs of the community for interim elementary and/or high school classroom facilities and related facilities and will be reasonably related and limited to the need for schools caused by the development;
D. 
If only a subdivision is proposed, whether it will contain fifty parcels or less;
E. 
Any written comments from the Board.
(Ord. 161-78 § 1, 1978)
When land is to be dedicated, it shall be offered for dedication in substantially the same manner as prescribed in the City's subdivision ordinance for streets and public easements.
(Ord. 161-78 § 1, 1978)
If the payment of a fee is required, such payment shall be made at the time the building permit is approved and issued.
(Ord. 161-78 § 1, 1978)
A. 
If a final subdivision map, parcel map or conditional use permit lapses and if the City still retains the land and/or fees collected for it, and if the applicant so requests, the City Council may order returned to him such land and/or fees.
B. 
If a building permit for which a fee was paid is canceled or voided, and if the City still retains the fee collected for it, and if the applicant so requests, the City Council may order returned to him such fee.
(Ord. 161-78 § 1, 1978)