Shasta County Municipal Code Ch. 3.24 School District Overcrowding Fee

It is the intention of the county in enacting this chapter to implement and supplement Chapter 4.7 (Government Code Section 65970 et seq.) of Division 1 of the State Planning and Zoning Law.

(Prior code § 4900)

The definitions contained in Government Code Section 65973 and Education Code Section 37200 are adopted herein by reference.

(Prior code § 4901)

Unless the board of supervisors provides otherwise, a school district may file the findings described in Government Code Section 65971 with the board during April of any year. The findings shall be supported by clear and convincing evidence. The findings shall be accompanied by a report on 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. The proposed use of the fees collected pursuant to Section 3.24.080 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. The reasonable methods for mitigating conditions of overcrowding considered by the district, including but not limited to interdistrict transfer of students, and the reasons why these methods will or will not reduce or eliminate the overcrowding;

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

G. The information required by Government Code Section 65978, if applicable.

(Prior code § 4902)

Prior to filing with the board of supervisors, the findings and report shall be reviewed by the county superintendent of schools to determine if they comply with Section 3.24.030 of this code and Government Code Section 65971.

(Prior code § 4903)

After the county superintendent of schools determines that the findings do so comply, the board of supervisors shall hold a hearing to review the district's findings and report.

(Prior code § 4904)

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

(Prior code § 4905)

Unless another finding is warranted, the board of supervisors finds that there are .64 students, i.e., .42 elementary school students and .22 high school students, in each household in the county.

(Prior code § 4906)

Unless the board of supervisors 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 3.24.030 is a unified school district, by .22 if the district is a high school district, or by .42 if the district is an elementary school district. The product is the fee per dwelling unit to be charged at the time a building or mobile home installation permit is issued for lots in an overcrowded attendance area.

(Prior code § 4907)

The fee charged pursuant to Section 3.24.080 shall be imposed and collected from the date the board concurs in the district's findings through the school year following the filing of the findings with the board, unless the board determines that the conditions of overcrowding have been eliminated at an earlier date.

(Prior code § 4908)

If a district remains overcrowded during the school year subsequent to the year during which it submitted its findings to the board of supervisors, the district may again proceed under provisions of this chapter.

(Prior code § 4909)

This chapter does not preclude a school district from negotiating a voluntary contribution of land or money or both from concerned developers or builders in lieu of payment of the fee provided by this chapter. In lieu of payment of the fee, the building official may accept a written waiver of the fee executed in duplicate by an authorized agent of the district.

(Prior code § 4910)

The provisions of this chapter are alternative to any other procedure permitted or required by law to mitigate or eliminate overcrowded conditions in school districts.

(Prior code § 4911)