If the governing body of the district makes a finding supported by clear and convincing evidence that 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 that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists, the governing body of the district shall notify the Council of such findings. The notice of findings sent to the City shall specify the mitigation measures considered by the district and the reasons for their rejection. If the Council concurs in such findings, the Council shall not adopt 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:
(a) The dedication of land, the payment of fees in lieu thereof, or a combination of both for classroom and related facilities for elementary, intermediate, or high schools is imposed as a condition to the approval of a residential development; or
(b) The school district has entered into an agreement with the applicant of a proposed residential development, which agreement provides a feasible means for mitigating any aggravation of such conditions of overcrowding which would otherwise be caused by the proposed residential development; or
(c) The Council finds there are specific overriding fiscal, economic, social, or environmental factors which, in the judgment of the Council, would benefit the City, thereby justifying the approval of a residential development otherwise subject to the imposition of such a condition.
The methods for mitigating the conditions of overcrowding which the district shall consider when making its findings required by this section shall include, but not necessarily be limited, to the following:
(a) Agreements between a subdivider and the district whereby temporary use buildings will be leased to the district or temporary use buildings owned by the district will be used;
(b) The use of relocatable structures, student transportation, and school boundary realignments;
(c) The use of available bond or State loan revenues to the extent authorized by law; and
(d) 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 governing body of the district.
(§ 1, Ord. 684-NS, eff. August 17, 1978)