The school district four story apartment project plans to apply for a City of San Diego building permit, density bonuses and incentives but needs to separate the property with a ground lease to title portion of the property to Monarch to avoid, and thus circumvent, the Gun-Free School Zones Act.
According to the City, the property density is based on the area of the entire premises. A ground lease does not create a separate premise.
The Gun-Free School Zones Act of 1990
The Gun-Free School Zones Act (GFSZA) prohibits any person from knowingly possessing a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the individual knows, or has reasonable cause to believe, is a school zone.
The GFSZA also prohibits any person from knowingly, or with reckless disregard for the safety of another, discharging or attempting to discharge a firearm that has moved in or otherwise affects interstate or foreign commerce at a place the person knows is a school zone.
The GFSZA defines “school zone” as: 1) in, or on the grounds of, a public, parochial or private school; or 2) within a distance of 1,000 feet from the grounds of a public, parochial or private school.
