Article 2

Findings of Overcrowded Attendance Areas

The provisions of Section 12.50.220 are applicable to official actions taken on residential development applications by a decision-making body, if the governing body of a school district which has jurisdiction with-in the City of Santee makes a finding supported by clear and convincing evidence, and the City Council concurs in such finding, 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 the existence of such conditions; and

• B. All reasonable methods, within established school district policies, of mitigating conditions of over-crowding have been evaluated and no feasible method, as determined by the school district, for reducing such conditions exist, the governing body of the school district must notify the City Council. The notice of findings sent to the City must specify the mitigation measures considered by the school district.

• (Ord. 565 § 3, 2019)

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

• A. The findings listed in Section 12.50.200;

• B. The mitigation measures and methods, including those listed in Section 12.50.170, considered by the school district and any determination made concerning them by the district. Other mitigation measures may include, but are not limited to:

  1. Any other agreements entered into by the affected school district which would alleviate conditions of overcrowding caused by new residential development,

  2. The use of relocatable structures, student transportation and/or school boundary realignments,

  3. The use of available bond or state loan revenues, to the extent authorized by law,

  4. 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 respective governing bodies of affected school districts;

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

• D. Such other information as may be required by City Council regulation. (Ord. 565 § 3, 2019)

Within any attendance area of a school district where it has been determined pursuant to Section 12.50.200 that conditions of overcrowding exist, no decision-making body may approve an application for a residential development within such area, unless such decision-making body

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City of Santee, CA

• A. That action will be taken pursuant to this chapter to provide dedications of land and/or fees to mitigate the conditions of overcrowding within that attendance area; or

• B. That 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 provision of this chapter. An agreement between the applicant for a residential development and the school district to mitigate conditions of overcrowding within that attendance area may be considered by a decision-making body as such an overriding factor.

• (Ord. 565 § 3, 2019)

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City of Santee, CA

SUBDIVISION OF LAND, DEVELOPMENT FEES, AND

§ 12.50.300

§ 12.50.315