This chapter shall be known and may be cited as the "school facilities dedication and fee ordinance."
The ordinance codified in this chapter is adopted pursuant to the provisions of Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code.
This chapter is intended to implement the schools facilities dedication and fees legislation in the city of Lemon Grove and to provide authority whereby the city, the Lemon Grove School District, and applicants for land development approvals may undertake such reasonable steps as are necessary to provide interim classroom facilities as defined herein to alleviate school overcrowding.
This chapter shall become operative thirty days after the effective date of the ordinance codified in this chapter.
"Decision-making body"
means the city council, planning commission or the community development director.
"Dwelling"
means a building, or portion thereof, designed for or occupied exclusively for residential purposes, but not including hotels, motels, boarding or lodging houses.
"Dwelling unit"
means one or more rooms, designed, occupied or intended as separate living quarters, with private sanitary and kitchen facilities, for the exclusive use of one household.
"Household"
means one or more individuals living together in a single dwelling unit, with common access to and common use of all living and kitchen areas and facilities within the dwelling unit.
"Interim classroom facilities"
means the following as defined in Government Code Section 65980:
1. 
Temporary classrooms not constructed with permanent foundation and defined as a structure containing one or more rooms, each of which is designed, intended, and equipped for use as a place for formal instruction of pupils by a teacher in a school;
2. 
Temporary classroom toilet facilities not constructed with permanent foundations;
3. 
Reasonable site preparation and installation of temporary classrooms.
"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.
A residential development shall be exempt from the requirements of this section when it consists 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 a historical building recognized, acknowledged, and designated as such by the city;
E. 
Development comprised of one or more dwelling units from which children are specifically and permanently excluded by lawful means.
F. 
A development comprised of one or more dwelling units from which children are currently excluded by lawful means and which is bound by a covenant, running with the land, requiring the payment of school facility fees in effect at the time of conversion of the development to any use which permits residential occupancy by children.
The city of Lemon Grove general plan provides for the location of public schools. Interim school facilities to be constructed from fees paid or land required to be dedicated by this chapter, or both, shall be consistent with the city's general plan.
No decision-making body shall approve an application for a residential development unless it makes one of the following findings:
A. 
That action will be taken pursuant to this chapter to provide dedications of land and/or fees to mitigate the conditions of overcrowding within the Lemon Grove School District, or
B. 
That the city council has found that there are specific overriding fiscal, economic, social, or environmental factors which in its judgment would benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this chapter.
At the time of filing an application for approval of a residential development of fifty parcels or more, the applicant may indicate whether he or she would prefer to dedicate land for school facilities in a manner consistent with the city's general plan or whether he or she would prefer to pay a fee in lieu thereof, or directly provide interim facilities, or do a combination of these. If the applicant prefers to dedicate land, he or she shall suggest the specific property.
Upon receipt of an application for a residential development, the community development director shall notify the Lemon Grove School District. With the exception of applications for building permits, such notification shall be made no later than twenty days prior to consideration of the application by the decision-making body.
Upon receipt of notification required by Section 18.37.100, the governing board of the Lemon Grove School District shall determine whether to request a dedication of land within the development, payment of a fee in lieu thereof, or a combination of both. The school district shall then transmit the determination to the community development director for submission to the appropriate decision-making body for concurrence. If the decision-making body concurs in such determination, it may, at the time of its consideration of a residential development application, impose such requirements.
A. 
For developments containing more than fifty parcels, the decision-making body shall determine whether to require dedication of land or payment of fees or a combination of both to mitigate conditions of school overcrowding, and in making such determination, shall consider the following factors:
1. 
The recommendation of the governing board of the Lemon Grove School District;
2. 
Whether any lands offered for dedication will be consistent with the general plan;
3. 
Whether the lands offered for dedication meet the criteria established in Education Code Section 39000, et seq.;
4. 
The topography, soils, soil stability, drainage access, location and general utility of land in the development available for dedication.
B. 
For developments containing fifty parcels or less, only payment of fees shall be required.
C. 
In lieu of required fees, the builder of a residential development may, at his or her option, and at his or 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 school year, the builder shall, at the builder's expense, remove the interim facilities from that place.
D. 
If the decision-making body is unable to concur in the school district's determination, it may impose requirements other than those transmitted by the district.
Following the action by a decision-making body to require the dedication of land or the payment of fees, or both, the community development director shall notify the Lemon Grove School District. The governing body of the school district shall then submit a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the city council and the reasons for modification.
When land is to be dedicated, it shall be offered for dedication to the affected school district in substantially the same manner as prescribed in Title 16 of the Lemon Grove Municipal Code (city subdivision ordinance) for streets and public easements. Dedicated land which subsequently is determined by the school district to be unsuitable for school purposes may be sold at the option of the school district. The funds derived therefrom must be used in accordance with this division.
The amount of land to be dedicated or in-lieu fee to be paid shall be based upon a schedule as adopted by resolution of the city council.
If the payment of a fee is required, such payment or the pro rata amount thereof shall be made to the community development director at the time a building permit within the residential development is approved and issued.
Fees paid under this division shall be held in trust by the city. Such fees plus accrued interest less a reasonable service and handling charge of no more than the accrued interest shall be transferred within thirty days of payment to the Lemon Grove School District.
If a residential development approval is vacated or voided, and if the city or the affected school district still retains the land and/or fees collected therefor, and if the applicant so requests, the city council or the governing board of the school district shall order the land or fees returned to the applicant.
All land or fees, or both, collected pursuant to this division and transferred to the school district shall be used only by the district for the purpose of providing interim elementary or junior high school classroom and related facilities.
The Lemon Grove School District receiving funds pursuant to this chapter shall maintain a separate account for any fees paid and shall file a report with the city council on the balance in the account at the end of the previous fiscal year. In addition, the report shall specify which attendance areas will continue to be over-crowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by October 15th of each year and shall be filed more frequently at the request of the city council.
When it is determined by the city council that conditions of overcrowding no longer exist in attendance areas within the Lemon Grove School District, decision-making bodies shall cease levying any fee or requiring the dedication of any land pursuant to this chapter. Action under this section shall not affect the validity of conditions already imposed for levy of fees and dedications of land and such conditions shall remain binding.