Sand City Municipal Code Art. II Overcrowded Attendance Areas

A. 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;

3. No feasible method for reducing such conditions exist.

B. Upon making these findings, the school district must provide the City/county with notice of its findings.

(Ord. 78-92 Ch. 3 §1)

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

A. The findings listed in Section 17.64.060;

B. The mitigation measures and methods, including those defined in Section 17.64.050(D) and (E) considered by the school district and any determination made concerning them by the district;

C. A description of the geographic boundaries of the overcrowded attendance area or are as;

D. Such other information as may be required by Board/Council regulation.

(Ord. 78-92 Ch. 3 §2)

After the receipt of any notice of findings complying with the requirement of Section 17.64.070, the Council shall determine whether it concurs in such school district findings. If it concurs with such school district findings, it shall do so by resolution.

(Ord. 78-92 Ch. 3 §3)

Within an attendance area where the Council has concurred in a school district's notice of findings that conditions of overcrowding exist, no decision making body shall 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 City Council makes one of the following findings:

A. That the ordinance codified in this chapter is an ordinance adopted pursuant to Section 65974 of Chapter 4.7;

B. That there are specific overriding fiscal, economic, social or environmental factors which in the judgment of the City Council would benefit the City thereby justifying the approval of a residential development otherwise subject to the interim school facilities dedication provisions of the chapter.

(Ord. 78-92 Ch. 3 §4)

Following the concurrence and decision by the City 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 cannot meet the schedule. It shall submit modifications to the City Council and the reasons for the modification.

(Ord. 78-92 Ch. 3 §5)