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A. In addition to SCC 23.14.040 and subject to the limitations imposed by California Education Code § 17629 and Cal. Gov’t. Code § 65995, the county may, as a condition of approval of any tentative map or tentative subdivision parcel map, require the dedication of land, the payment of fees in lieu thereof, or a combination of both for classroom and related facilities for elementary or high schools by expanding existing public schools or construction of new school facilities.

B. The Planning Commission shall consult with the governing body of the school district which operates an elementary or high school and the governing body of the school district shall notify the Planning Commission if the governing body makes findings supported by clear and convincing evidence that:

1. Conditions of overcrowding exists in one or more attendance areas within the district which will impair the normal functioning of educational programs. The reason for such conditions existing shall be stated; and

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist.

C. The notice of findings sent to the county shall specify the mitigation measures considered by the governing body of the school district. Mitigation measures to be considered by the governing body of the school district shall include, but not be limited to, the following:

1. School bond elections;

2. Double sessions;

3. Adjustment of interior and exterior school attendance boundaries;

4. Busing of students to other schools within the district. With respect to each such mitigation measure considered, the findings of the governing body of the school district shall state in detail how such mitigation measure was evaluated, why it is not feasible to utilize such mitigation measure, and why such mitigation measure, if used, would not serve to remove overcrowding as an impairment to normal functioning of educational programs.

D. The Planning Commission must make the following findings when requiring the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools:

1. The general plan of the county provides for the location of public schools;

2. Locations and amounts of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the surrounding community for interim elementary or high school facilities;

3. The requirement for land or fees, or both, is reasonably related and limited to the need for schools caused by the subdivision or residential development;

4. The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classrooms and related facilities;

5. The facilities to be constructed from such fees or upon the land to be dedicated, or both, is consistent with the county general plan.

E. The requirement for payment of fees in lieu of dedication of land for classroom and related facilities for elementary or high schools may only be required in subdivisions containing 50 parcels or less.

Payment of fees shall be made to the school district at the time any building permit is to be issued necessary to develop the property.

F. Following the decision of the Planning Commission to require the dedication of land or the payment of fees, or both, the governing body of the school district shall submit to the Planning Commission and Board of Supervisors:

1. A schedule specifying how it will use the land or fees, or both, to solve the identified conditions of overcrowding. This schedule shall include the school sites to be used, classroom facilities to be made available, and the times when the facilities will be available.

2. The governing body of the school district, when receiving funds, shall maintain a separate account for any fees paid and shall file a report by August 1st of each year with the Planning Commission and Board of Supervisors on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased, or constructed during the previous fiscal year. The report of the school district shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist.

G. If overcrowding conditions no longer exist, the county shall cease levying any fee or requiring the dedication of any land pursuant to this section. Any remaining funds held by the school district, as a result of fees imposed by this section, shall be deposited in the building fund of the school district. (Formerly 23.14.005)

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