If the governing body of a school district which has jurisdiction within the unincorporated territory of San Diego County makes a finding supported by clear and convincing evidence that: (a) conditions of overcrowding exist in one or more attendance areas that include unincorporated territory within the district which will impair the normal functioning of educational programs, including the reasons for the existence of such conditions and (b) that all reasonable methods, within established school district policies, of mitigating conditions of overcrowding have been evaluated and no feasible method, as determined by the school district, for reducing such conditions exist, the governing body of the school district shall notify the Board of Supervisors. The notice of findings sent to the County shall specify the mitigation measures considered by the school district. If the Board of Supervisors concurs in such findings, the provisions of Section 82.303 shall be applicable to official actions taken on residential development applications by a decision-making body.
Any notice of findings sent by a school district to the County shall specify:
(a) The findings listed in Section 82.301.
(b) The mitigation measures and methods, including those listed in Section 82.204, considered by the school district and any determination made concerning them by the district. Other mitigation measures may include, but are not limited to:
(1) Any other agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development.
(2) The use of relocatable structures, student transportation and/or school boundary realignments.
(3) The use of available bond or state loan revenues, to the extent authorized by law.
(4) The use of funds which could be available from the sale of surplus school district real property and funds available from other appropriate sources, as determined by the respective governing bodies of affected school districts.
(c) The precise geographic boundaries of the overcrowded attendance area or areas.
(d) Such other information as may be required by Board of Supervisors regulation.
Within any attendance area of a school district where it has been determined pursuant to Section 82.301 that conditions of overcrowding exist, and where the district has determined that fees will be collected pursuant to this chapter, 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 action will be taken pursuant to this division to provide dedications of land and/or fees to mitigate the conditions of overcrowding within that attendance area, or
(b) That there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the decision-making body would benefit the County, thereby justifying the approval of a residential development otherwise subject to the provisions of this Division. An agreement between the applicant for a residential development and the school district to mitigate conditions of overcrowding within that attendance area may be considered by a decision-making body as such an overriding factor.
(Amended by Ord. No. 7244 (N.S.), effective 1-9-87, operative 4-1-87)