Chapter 18.08


18.08.010    School district findings and notice.

18.08.020    Contents of notice.

18.08.030    Concurrence by city.

18.08.040    Findings required for development approval.

18.08.010 School district findings and notice:

Pursuant to Government Code Section 65970, et seq, the governing body of a school district within which the city lies 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 reasons 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 Section 18.08.020. (Ord. 242 §1(part), 1981).

18.08.020 Contents of notice:

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

A.    The findings listed in Section 18.08.010;

B.    Findings of facts and a summary of the evidence upon which the findings listed in Section 18.08.010 were based;

C.    The mitigation measures and methods, including those listed in Section 18.02.050, 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 city council regulation. (Ord. 242 §1(part), 1981).

18.08.030 Concurrence by city:

After receipt of any notice of findings complying with the requirements of Section 18.08.020, the city council, if it concurs with such school district findings, shall do so by resolution. (Ord. 242 §1(part), 1981).

18.08.040 Findings required for development approval:

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

A.    That pursuant to this title, provision has been made for the 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 attendance area 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 decisionmaking body would benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this title without requiring the payment of fees or the dedication of land or other alternate provision required by Chapter 18.10 of this title. (Ord. 242 §1(part), 1951).