Sonora Municipal Code § 15.32 School Impact Mitigation Procedures

Because adverse significant impacts are likely to occur to school districts as a result of new residential development within the city, unless a mechanism is provided to mitigate such impacts, the following procedure is established:

A. If the board of trustees of any school district certifies to the city building department that new residential development will have a significant adverse impact on the school district's ability to provide its educational programs, then, as a condition precedent to the granting of a residential permit within the boundary of such district, the applicant shall pay to such district the sum per unit certified by the district to mitigate the adverse impact. Such sum may be certified to be an amount up to one hundred fifty dollars per bedroom.

B. Such certification must be made after public hearing and must be based on findings supported by clear and convincing evidence.

C. Any district certifying the need for an impact fee shall establish a special account for moneys received, which account may only be used to pay for improvements necessary to mitigate significant impacts of new residential developments. Such district must further agree that if either state funding proves sufficient to mitigate such impacts or moneys received are not expended within ten years of receipt, then that portion of the funds which is unused shall be refunded.

D. The board of trustees of any school district so certifying must at least annually review whether conditions have changed such that significant adverse impacts will no longer result from new residential development. In such case, the district must so certify to the city and the fee will no longer be collected for permits in that district.

E. Within one year after receipt by a school district of an apportionment pursuant to the Leroy F. Greene State School Building Lease-Purchase Law of 1976, the board of trustees of a school district receiving fees hereunder shall certify whether new residential development will still have a significant adverse impact on the ability of the school district to provide its educational programs.

(Ord. 583 § A, 1983.)