A. Findings and Notice. Pursuant to Government Code Section 65970 et seq., the governing board of the school district may make a finding supported by clear and convincing evidence that:
1. 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; and
2. That all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist. Upon making such a finding, the governing board of the school district shall notify the
City Council
in writing of such finding, as specified in subsection B of this section.
B. Findings – Requirements. Any notice of findings sent by a school district to the city shall specify:
1. The findings listed in subsection A of this section;
2. Findings of facts and a summary of the evidence upon which the findings in subsection A of this section were based;
3. The mitigation measures and methods considered by the school district in any determination made by the district;
4. The precise geographic boundaries of the overcrowded attendance area or areas; and
5. Such other information as may be required by a Council regulation.
C. Concurrence by City. Within thirty days after receipt of notice of findings by the governing board of the school district, the
City Council
, if it concurs with such school district findings, shall do so by resolution.
D. Findings for Development Approval. Within an attendance area, where the
City Council
has concurred in a school district's notice of finding pursuant to Government Code Section 65971 that conditions of overcrowding exist, the
City Council
or any other city decision making body shall not approve an ordinance rezoning property to a residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes within such area, unless the
City Council
makes one of the following findings:
1. That this chapter is a chapter adopted pursuant to Government Code Section 65974;
2. That there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the
City Council
would benefit the city, thereby justifying the approval of a residential development otherwise subject to Government Code Section 65974. (Ord. 438 § 1(part), 1982).