Chapter 812-6 — OVERCROWDED ATTENDANCE AREAS

Pursuant to Chapter 4.7, the governing body of a school district may make findings 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;

(2)

All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

(3)

No feasible method for reducing such conditions exist. Upon making these findings the school district must provide the county with notice of its findings.

(Ord. 78-10).

Any notice of findings sent by a school district to the county shall specify:

(1)

The findings listed in Section 812-6.202;

(2)

The mitigation measures and methods, including those listed in Sections 812-4.210 and 812-4.212, considered by the school district and any determination made concerning them by the district;

(3)

A description of the geographic boundaries of the overcrowded attendance area or areas;

(4)

Estimated annual school district costs to provide interim school facilities in the overcrowded attendance area or areas; and

(5)

Such other information as may be required by board regulation.

(Ords. 79-68 § 1, 78-10).

After the receipt of any notice of findings complying with the requirement of Section 812-6.204, the board shall determine whether it concurs in such school district findings. The board shall schedule and hold a public hearing on the matter of its proposed concurrence prior to making its determination by resolution.

(Ord. 78-10).

Within an attendance area where the board has concurred in a school district's notice of findings that conditions of overcrowding exist, the county's planning agency 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 planning agency makes one of the following findings:

(1)

That this division is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

(2)

That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the planning agency would benefit the county, thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of this division.

(Ord. 78-10).

Following the concurrence and decision by the county to require the dedication of land or the payment of fees, or both, for an attendance area, the governing body of the involved school district shall submit a schedule specifying how it will use the land or fees, or both, 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 times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the board of supervisors and the reasons for the modification.

(Ord. 78-10).