Limits Upon Receipt of State School Construction Apportionment
San Diego Municipal Code § 98.0429
in effect§98.0429 Limits Upon Receipt of State School Construction Apportionment
One year after receipt of an apportionment pursuant to the State School Building Lease–Purchase Law of 1976 (Chapter 22 commencing with Section 17700 of the California Education Code) for the construction of a school, the City shall not be permitted thereafter, pursuant to this Division or any other school facilities financing arrangement the district may have with builders of residential development, to levy any fee or to require the dedication of any land within the attendance area of the school for which the apportionment was received. However, any time after receipt of the apportionment there may be a determination of overcrowding pursuant to Section 98.0415, if there is the further finding that (1) during the period of construction additional overcrowding would occur from continued residential development, and
(2) that any fee levied and any required dedication of land levied after the receipt of the construction apportionment can be used to avoid the additional overcrowding prior to the school being available for use by the district. Any amounts of fees collected or land dedicated after the receipt of the construction apportionment and not used to avoid overcrowding shall be returned to the person who paid the fee or made the land dedication.
(“Limits Upon Receipt of State School Construction Apportionment” added 11–18–1985 by O–16541 N.S.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter09/Ch09Art08Division04.pdf#page=10Fetched: 10/28/2026