SEC. 15-117. PURPOSE.

   The purpose of this division is to provide a method for financing interim school facilities necessitated by conditions of overcrowding caused by new residential developments.

(`64 Code, Sec. 27-77.3) (Ord. No. 1781)

SEC. 15-118. REGULATIONS.

   The city council may, from time to time, by resolution issue regulations to provide for the administration and implementation of this division.

(`64 Code, Sec. 27-77.4) (Ord. No. 1781)

SEC. 15-119. GENERAL PLAN.

   The 2020 General Plan provides for the location of public schools. Where facilities are to be constructed from fees or land required to be dedicated hereunder or both, they shall be consistent with such general plan.

(`64 Code, Sec. 27-77.5) (Ord. No. 1781)

SEC. 15-120. DEFINITIONS.

   For purposes of this division, the following words shall have the following meanings:

   (A)   CONDITIONS OF OVERCROWDING - The total enrollment of a school, including enrollment from proposed development, exceed the capacity of the school as determined by the governing body of the district.

   (B)   DECISION-MAKING BODY - The city council, commission and such other board, commission, office or official as may be authorized or empowered to approve or make recommendations for approval of any residential development.

   (C)   DWELLING UNIT - A building or portion thereof, or a mobile home, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit. Dwelling unit shall not mean room additions to existing residential structures.

   (D)   APPROVE A RESIDENTIAL DEVELOPMENT -

      (1)   To approve or recommend approval of an ordinance rezoning property to a residential use;

      (2)   To grant a building permit;

      (3)   To approve or recommend approval of a tentative subdivision map or parcel map for a subdivision of land; or

      (4)   To grant or recommend the granting of a variance, special use permit or planned development permit.

   (E)   REASONABLE METHODS OF MITIGATING CONDITIONS OF OVERCROWDING - Includes but is not limited to concepts such as:

      (1)   Agreements between a developer and the affected school district whereby temporary-use buildings will be leased to or for the benefit of the school district or temporary-use buildings owned by the developer or school district will be used;

      (2)   The use of relocatable structures, student transportation, classroom double sessions, year-round school programs, school boundary realignments, and elimination of low priority school facility uses;

      (3)   The use of available tax, bond, and other revenue procedures to the extent authorized by law; or

      (4)   The use of funds which could be available from the sale of surplus school district real property and funds available from any other sources.

   (F)   RESIDENTIAL DEVELOPMENT -

      (1)   The construction of one or more non-mobile home dwelling units;

      (2)   The construction of a mobile home park;

      (3)   The subdivision of real property for the purpose of such construction or for the purpose of converting existing multiple-family structures to condominium or stock cooperative ownership; or

      (4)   The conversion to a residential use of an existing structure or part thereof pursuant to a variance, special use permit, planned development permit or other discretionary planning permit.

(`64 Code, Sec. 27-77.6) (Ord. No. 1781)

SEC. 15-121. FINDINGS BY SCHOOL DISTRICT.

   Pursuant to Cal. Gov't Code, Sections 65970 et seq., the governing board of any school district operating an elementary or high school may, with respect to any of its attendance areas located in whole or in part within the incorporated territory of the city, make and file with the city council written findings supported by clear and convincing evidence that:

   (A)   Conditions of overcrowding exist in one or more attendance areas which will impair the normal functioning of educational programs, including the reasons for the existence of such conditions; and

   (B)   All reasonable methods for mitigating conditions of overcrowding have been evaluated, and no feasible method for reducing such conditions exists.

(`64 Code, Sec. 27-77.7) (Ord. No. 1781)

SEC. 15-122. CONTENT OF FINDINGS.

   Findings filed pursuant to section 15-121 shall contain the following:

   (A)   A precise description of the geographic boundaries of the attendance areas to which the findings relate;

   (B)   A list of the mitigation measures evaluated by the governing board of the school district and a statement of the reasons why such measures were found to be infeasible;

   (C)   A summary of the evidence upon which such findings were based;

   (D)   A completed application to the office of public school construction for preliminary determination of eligibility under the LeRoy F. Greene School Building Lease-Purchase Law of 1976 (Cal. Education Code, Part 10, Chapter 22, commencing with Section 17700); and

   (E)   Such other information as may be required by regulations adopted by the city council pursuant to this division.

(`64 Code, Sec. 27-77.8) (Ord. No. 1781)

SEC. 15-123. CONCURRENCE BY CITY COUNCIL.

   After receipt of findings complying with the requirements of this division, the city council shall, by resolution, either concur in or reject such findings. Such findings may be rejected only if the city council determines that such findings are not supported by the weight of the evidence. At any time after it has concurred in or rejected such findings, the city council may reconsider the matter.

(`64 Code, Sec. 27-77.9) (Ord. No. 1781)

SEC. 15-124. SCHOOL DISTRICT SCHEDULE.

   Any school district which files findings shall also file with the city council a schedule specifying how the school district will use fees or land received by it pursuant to this division to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the time when such facilities will be available. If the school district cannot meet the schedule, the school district shall file modifications with the city council together with a statement of the reasons for the modifications.

(`64 Code, Sec. 27-77.10) (Ord. No. 1781)

SEC. 15-125. FINDINGS BY CITY COUNCIL.

   After receipt of the schedule the city council shall by resolution determine whether the facilities and land use specified in such schedule are consistent with the city's general plan.

(`64 Code, Sec. 27-77.11) (Ord. No. 1781)