Division 3.
Overcrowding Attendance Area

25.501 Findings and notice.

Pursuant to government code § 65970, et seq., the governing body of a school district may make a finding supported by clear and convincing evidence that:

(a)    Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs, including the reason for such conditions existing;

(b)    All reasonable methods of mitigating conditions of overcrowding have been evaluated;

(c)    No feasible method for reducing such conditions exist. Upon making these findings, the school district must provide the city with written notice of its findings as provided in sec. 25.502.

25.502 Findings - Requirement.

Any notice of findings sent by a school district to the city shall specify:

(a)    The findings listed in sec. 25.501;

(b)    Findings of fact and a summary of the evidence upon which the findings in sec. 25.501 were based;

(c)    The mitigation measures and methods, including those listed in sec. 25.404, considered by the school district in any determination made concerning them by the district.

(d)    The precise geographic boundaries of the overcrowded attendance area or areas;

(e)    Such other information as may be required by a council regulation.

25.503 Concurrence by city.

After receipt of any notice of findings complying with the requirements of sec. 25.502, the council, if it concurs with such school district findings, shall do so by resolution. Such concurrence or any other disposition of the school district’s request shall be an exercise of the legislative power of the council.

25.504 Findings for development approval.

Within an attendance area, where the council has concurred in a school district’s notice of finding that conditions of overcrowding exist, no decision-making body shall approve an application for a residential development within such area, unless such decision-making body makes one of the following findings:

(a)    That pursuant to this ordinance, provision has been made for payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development in the school district to mitigate the conditions of overcrowding within that attendance area; or

(b)    That there are specific, overriding physical, economic, social, or environmental factors, which, in the judgment of the decision-making body, would benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this ordinance without requiring the payment of fees or the dedication of land or other alternate provision required by division 4 of this article.