15.70.040 Hearing, notice, findings and fee setting.
Within sixty days of receipt of notice of the findings of the governing board, complete with supporting documentation, the city council shall hold a public hearing on the findings and the requested fees and land dedications.
A. Notice of the time and place of the public hearing referred to in subsection B of this section shall be given at least ten days before the hearing in the manner following:
1. Such notice shall be given by publication once in a newspaper of general circulation, published in the city and circulated in the school district, or if there is none, then in a newspaper of general circulation published and circulated in the city;
2. By mailing a copy of such notice to the governing board of the school district;
3. By mailing a copy of the notice to the planning director;
4. By mailing a copy of such notice to any person who may file a request in writing therefor with the planning director or the city clerk and who shall furnish therewith an envelope addressed for such purpose with postage prepaid;
5. Any notice required to be mailed may be given by personal delivery, in lieu of mailing.
B. Such notice shall also identify the school district, and generally describe the boundaries of the attendance area or areas in question, and shall refer to the notice of findings of the governing board of the school district and state when and where the same may be examined by any interested person.
C. If, at the conclusion of the public hearing the city council determines that:
1. It concurs in the governing board’s findings of overcrowding; and
2. The general plan provides for the location of public schools; and
3. The proposed fees and land dedication requirements bear a reasonable relationship to and will be limited to the needs of the community for interim school facilities and are reasonably related and limited to the need for school facilities caused by the residential developments on which they will be imposed, then the remaining provisions of this chapter shall apply to the approval of residential development within the attendance areas in which there are conditions of overcrowding. The city council shall, by resolution, establish the fees and land dedication requirements which shall thereafter be imposed as a condition of approval of residential development.
D. If the city council does not concur with the amount of fees to be paid or land to be dedicated requested by the governing board, it shall, by resolution, adopt such amount of fees or amount (or location) of land as it may deem proper in lieu of that requested.
E. Within ten days after conclusion of the hearing, the city council shall declare its decision and any findings in such matter. The city clerk shall mail a copy of the resolution or order of the city council and findings to each person to whom notice of the hearing was required to be mailed under this section. (Ord. 2780 § 1, 1982)