A. The city council, upon application by a developer of residential property and after notice and public hearing, has determined that there are specific overriding fiscal, economic, social or environmental factors which, in its judgment, would benefit the city and justify the approval of a particular residential development without the mitigation of the impact of that development upon overcrowded schools; or

B. The applicant for rezoning or subdivision approval has furnished a signed written agreement with the governing board promising to pay the required fees prior to issuance of a building permit (which fees shall be those in effect, if any, as of the date of issuance of the building permit), and an applicant for a building permit has furnished evidence of payment of the required fees to the governing board; or

C. An applicant for approval of a residential development has furnished evidence, in the form of a signed written agreement with the governing board, that the applicant has paid or promised to pay, and the governing board has accepted or promised to accept, fees, to be used exclusively for capital expenditures, in mitigation of the impact of proposed residential development on the school district in lieu of fees otherwise required under this chapter or Section 65970 et seq. of the California Government Code. Fees paid or promised under the alternate provisions of this subsection shall not exceed the fees which would otherwise be required pursuant to the resolution of the city council. (Ord. 2780 § 1, 1982)