A. School facilities shall be deemed to have adequate capacity for purposes of approval of any residential construction proposal if all of the following circumstances exist:

1. The school district has permanent facilities to house the students, by appropriate grade level groupings, projected to result from the residential construction proposal without exceeding school district class size capacity standards. Any facilities that have been closed for more than two years due to lack of demand for the facilities shall not be treated as available for permanent facilities until any needed remodeling can be provided.

2. The school district has the land to accommodate the permanent and portable facilities needed to serve the students projected to result from the residential construction proposal.

3. The applicant has paid any school mitigation fee required by ordinance, or payment of such fee is scheduled for payment and is adequately secured.

B. If the capacity standards established by the school district are or would be exceeded with the construction of the proposed residences, the school facilities available to serve the residences shall be deemed inadequate, and the residences shall not be approved unless they are phased to meet the standards, and the impact fee authorized by this chapter is paid in a manner timely to the needs of the school district, or the needed land or facilities are provided before or concurrently with the construction of the residences. An offer of payment of an applicable impact fee shall not be deemed sufficient if the fee cannot be used in a timely fashion to actually provide needed school facilities, and the payment shall be delayed until such time as it can be used, but shall not be forgiven unless a facility of equal value is provided.

C. School adequacy standards should refer to the capital facilities plan. (Ord. 93-05 § 7, 1993)