Napa County Municipal Code Art. II Overcrowded Attendance Conditions

A. Pursuant to Chapter 4.7, the governing body of a school district which operates an elementary or high school 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; and

2. All reasonable methods of mitigating conditions of overcrowding have been evaluated; and

3. No feasible method for reducing such conditions exists.

B. Upon making these findings, the governing body of the school district shall notify the board of supervisors.

(Ord. 563 § 1 (part), 1978: prior code § 11920)

Any notice of findings made pursuant to Section 17.58.060 shall specify:

A. The findings listed in Section 17.58.060;

B. The mitigation measures, including without limitation those identified in Section 17.58.030, considered by the school district and any determination made by the school district with respect thereto;

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

D. Such other information as the board of supervisors may reasonably require.

(Ord. 563 § 1 (part), 1978: prior code § 11921)

After the receipt of a notice of findings complying with the requirements of Section 17.58.070, the board of supervisors shall determine whether it concurs in such school district findings. The board of supervisors shall hold a public hearing on the matter of its proposed concurrence prior to making its determination.

(Ord. 563 § 1 (part), 1978: prior code § 11922)

Within an attendance area where the board of supervisors has concurred in a school district's notice of findings that conditions of overcrowding exist, neither the board of supervisors nor the planning commission 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 board or commission, as the case may be, makes one of the following findings:

A. That an ordinance requiring the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools, as a condition of approval of a residential development, has been adopted; or

B. That there are specific overriding fiscal, economic, social or environmental factors which, in the judgment of the board of supervisors or the planning commission, would benefit the county, thereby justifying the approval of a residential development otherwise subject to the requirements of this chapter for the dedication of land, the payment of fees in lieu thereof, or both.

(Ord. 563 § 1 (part), 1978: prior code § 11923)

(Ord. No. 1379, § 142, 1-29-2013)