King City Municipal Code Ch. 19.08 Overcrowding—findings

Pursuant to Government Code Section 65970, et seq., the governing body of a school district within which the city lies may make a finding supported by clear and convincing evidence that:

A. Conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs, including the reasons for such conditions existing.

B. All reasonable methods of mitigating conditions of overcrowding have been evaluated.

C. No feasible method for reducing such conditions exists. Upon making these findings, the school district must provide the city with written notice of its findings.

(Ord. 491 § 1, 1986)

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

A. The findings listed in Section 19.08.010;

B. Findings of facts and summary of the evidence upon which the findings listed in Section 19.08.010 were based;

C. The mitigation measures and methods, including those listed in Section 19.04.050, considered by the school district in any determination made concerning them by the district;

D. The precise geographic boundaries of the overcrowded attendance area or areas;

E. Such other information as may be required by city council regulation.

(Ord. 491 § 1, 1986)

After receipt of any notice of findings complying with the requirements of Section 19.08.020, the city council shall take no action thereon until the findings have been made available to the public for sixty days after the date of receipt, this being the date when all of the materials required by Sections 19.08.010 and 19.08.020 are completed and filed by the school district with the city council. The city council shall either concur or not concur in the notice of findings within sixty-one to one hundred fifty days after the date of receipt of said notice; provided, that the city council may extend the period to concur or not to concur for one thirty-day period. The failure of the city council to either concur or not concur within the time period prescribed in this section shall not be deemed as an act of concurrence in the notice of findings by the board.

(Ord. 491 § 1, 1987)

Within an attendance area, where the city council has concurred in a school district board’s finding that conditions of overcrowding exist, the city council 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, unless it makes one of the following findings:

A. That pursuant to this title, provision has been made for the payment of fees, dedication of land, or both, or some other provision has been agreed upon by the applicant for a residential development in the attendance area to mitigate the conditions of overcrowding within that attendance area; or

B. That there are specific, overriding physical, economic, social, or environmental factors, which in the judgment of the decisionmaking body would benefit the city, thereby justifying the approval of a residential development otherwise subject to the provisions of this title without requiring the payment of fees or the dedication of land or other alternate provision required by Chapter 9.10 of this title.

(Ord. 491 § 1, 1986)