(A) Within the school district where it has been determined pursuant to § 153.097 that conditions of overcrowding exist, neither the City Council nor the Planning Commission shall approve an ordinance rezoning property to a residential use or to a more intense residential use, grant a discretionary permit for residential use or approve a tentative subdivision map or tentative parcel map for residential purposes, unless the decision-making body makes one of the following findings:
(1) Action will be taken pursuant to this subchapter to provide dedications of land and/or fees to mitigate the conditions of overcrowding within that attendance area; or
(2) There are specific overriding fiscal, 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 subchapter for dedications of land or fees.
(1994 Code, § 16.24.110)
(B) For the purpose of establishing an interim method of providing classroom facilities where overcrowding conditions exist, as determined pursuant to § 153.097, the city may require, as a condition to the approval of a residential development, the dedication of land, the payment of fees in lieu thereof, or a combination of both, as determined by the City Council or the Planning Commission during the hearings and proceedings for specific residential development projects falling within their respective jurisdictions. Prior to imposition of the fees or dedications of land, it shall be necessary for the decision-making body acting on the application to make the following findings:
(1) The city general plan provides for the location of public schools;
(2) The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim classroom and related facilities;
(3) The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim facilities and shall be reasonably related and limited to the need for schools caused by the development;
(4) The facilities to be constructed from the fees or the land to be dedicated, or both, is consistent with the city general plan.
(1994 Code, § 16.24.120) (Ord. 78-104, passed - -1978)