Redding Municipal Code Ch. 16.24 Regulation of Residential Development in Overcrowded School Attendance…

It is the intention of the city council in enacting this chapter to implement Chapter 4.7 of Title VII of the Government Code of the state (Sections 65970, et seq.).

(Ord. 2246 § 2 (part), 1999)

The definitions contained in Government Code Section 65973 and Education Code Section 37200 shall control.

(Ord. 2246 § 2 (part), 1999)

During April of any year, a school district may file the findings described in Government Code Section 65971 with the city council. Findings shall be documented by complete and competent evidence consisting of, but not limited to, the following:

A. The boundaries and location of the attendance area which is alleged to be overcrowded;

B. The history of residential development within the attendance area alleged to be overcrowded;

C. How the school district will use any of the fees collected pursuant to Section 16.44.090 to provide interim classroom and related facilities;

D. The plans of the school district to acquire permanent classroom and related facilities in order to eliminate the overcrowded conditions;

E. All the reasonable methods for mitigating conditions of overcrowding which the school district has considered, including, but not limited to, inter-district transfer of students and why said methods will or will not reduce and/or eliminate said overcrowding;

F. The estimated cost of providing interim classroom and related facilities per student for the forthcoming school year.

(Ord. 2246 § 2 (part), 1999)

Prior to filing with the city council, the findings shall be reviewed by the county superintendent of schools to determine if they comply with Government Code Section 65971 and Section 16.44.030 of this code.

(Ord. 2246 § 2 (part), 1999)

If the county superintendent of schools determines that the findings do so comply, then the city council shall hold a hearing to review the district's findings.

(Ord. 2246 § 2 (part), 1999)

If the city council concurs with the findings submitted by the school district, then the council shall determine the cost of providing interim classroom and related facilities on a per student basis for the forthcoming school year.

(Ord. 2246 § 2 (part), 1999)

Unless another finding is warranted, the city council finds that there are .42 elementary school students in each single-family unit, .21 elementary school students in each multiple-family dwelling unit, and .22 high school students in each household in Shasta County.

(Ord. 2246 § 2 (part), 1999)

Unless the city council concludes otherwise, the cost per student of providing interim classroom and related facilities for the forthcoming school year shall be multiplied by .64 if the district making the findings under Section 16.44.030 is a unified school district, by .22 if the district is a high school district, and .42 if the district is an elementary school district.

(Ord. 2246 § 2 (part), 1999)

The products shall be the fee charged to any person and/or entity for the privilege of building and/or installing any residential dwelling unit within the boundaries of an overcrowded district during the next school year following the school district's submission of the findings specified in Government Code Section 65971. The fee charged pursuant to this section shall be imposed after the city council concurs with the school district's findings and shall be imposed only during the school year following the school district's filing of said findings, except that during the 1978-79 school year when the fee shall be imposed after the council concurs with the school district's findings until June 30, 1980. The payment of the fee is a condition precedent to the issuance of a building permit.

(Ord. 2246 § 2 (part), 1999)

If a school district remains overcrowded during the school year subsequent to the year during which it submitted its findings to the city council, the school district may again make the findings specified in Government Code Section 65971, and the procedures set forth in this chapter shall be applicable.

(Ord. 2246 § 2 (part), 1999)

Nothing contained in this chapter shall preclude a school district from negotiating a voluntary contribution of land and/or money from concerned developers and/or builders in lieu of the procedure provided by this chapter.

(Ord. 2246 § 2 (part), 1999)