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**Note: In accordance with the above definition of "Public School," the following facilities are <br />considered a "public school: Special Education School, County Community School, Youth <br />Authority Facility, Opportunity School, Juvenile Court School, Other County -Wide Programs, <br />Elementary School, Intermediate/Middle School, Alternative School, Charter School, Junior <br />High School, K-12 School, High School, Continuation High School, Community Day School, <br />State Special School, Adult Education Center, Community Colleges and State Universities. <br />The Public Education Committee may present testimony and recommendations with regard to <br />possible modifications to the above definitions at the Planning Commission meeting. Any <br />definition of a public school that precludes certain school types that are otherwise recognized to <br />be public schools by State or Federal Statute may be preempted by such statutes. <br />Title 10, Chapter 1, Article 2 "Definitions", a new Section 10-1.241(a) to read as follows: <br />Sec. 10-1.241(a) School, Private. <br />Distinctfrom a Public School, "Private School" means a primary, grammar, high school, or <br />college level institution that is established and controlled privately and supported by <br />endowment or tuition. A private school may be a non-sectarian entity (non-public school), or a <br />secular organization associated with a church, religious group or sect. <br />The above definitions for public and private schools were compiled by the City Attorney's <br />office after researching definitions found in Title IX (Federal statute found at 20 U.S.C. Sections <br />1681-1688) and the regulations thereunder), the State Constitution and the State Education Code. <br />Zoning Ordinance Consistency with General Plan <br />Under California law, zoning ordinances must be consistent with the general plan and any <br />applicable specific plan (Cal. Govt. Code § 65860(a)). The City Attorney's office believes that <br />the Town's Zoning Ordinance is inconsistent with the General Plan. The General Plan Land Use <br />Diagram designates certain locations in Town for institutional and residential uses. The Zoning <br />Ordinance implies that institutional uses could be located anywhere in Town subject to the <br />approval of the Planning Commission and issuance of conditional use permit. In order to ensure <br />that the Zoning Ordinance is consistent with the General Plan, the following text amendments <br />are recommended: <br />Title 10, Chapter 1, Article 7 "Residential -Agricultural District (R -Ay', Section 10-1.703(f) is <br />proposed to read as follows: <br />Public Schools (where designated on the General Plan Land Use Diagram); <br />