- Why does the District Charge Developer Fees?
As a means to fund school facilities needed as a result of development, Government Code § 65995, Education Code § 17620 and Assembly Bill 2926, also known as the “1986 School Facilities Legislation,” granted school districts the right to levy fees to offset the impacts of school facilities from new residential and commercial/industrial developments.
- Where can the District charge Developer Fees?
Education Code § 17620(a)(1) allows the District to charge Developer Fees only within the District boundaries.
- What are the acceptable payment methods?
At this time, the Developer Fee Office accepts checks and money orders.
- When are fees levied?
Fees are assessed on new construction, whether residential, commercial, or industrial.
- How are fees calculated?
- . On residential development, the square footage within the perimeter of a residential structure, not including any carport, covered or uncovered walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area is used in the calculation. If the addition exceeds 500 sq. ft. of assessable space, fees are charged on the entire addition.
- On commercial or industrial construction, the covered and enclosed space determined to be within the perimeter of the structure, not including any storage areas incidental to the principal use of the construction, garage, parking structure, unenclosed walkway, or utility or disposal area is used in the calculation.
- Are there second floor addition charges?
Per Education Code § 17620(a)(1)(C)(I), if the second-floor addition is greater than 500 square feet, then the school district may charge Level I Fees for the size of the total addition.
- Can fees be protested/refunded?
Yes, submit a written request to the Developer Fee Office within 90 calendar days of payment of developer fees to email@example.com. Include the property address, basis of protest/refund, and your contact information.
- What are the refund criteria/qualifications?
Your project must meet exemption criteria to qualify for a refund or protest.
- Less than 500 square feet of RESIDENTIAL construction Education Code Section 17620 (a)(1)(C) provides that additions to a residential project must exceed 500 square feet of assessable space before fees can be levied.
- Demolition To obtain a demolition credit the district needs proof that:
- The demolished structure was issued a demolition permit and corresponding signed inspection card.
- A building permit was issued for the construction of a new building.
- The maximum allowable square footage is determined using the County Assessor’s office building record document(s).
- Continuous ownership (i.e., grant deed) of the parcel to qualify for a refund if demolition and new construction does not take place within the same calendar year or school year.
- Mobile Homes Developer Fee cannot be levied on manufactured or mobile homes located, installed, or occupied on a space in a mobile home park if construction on that space, under a building permit, began on or before September 1, 1986.
- Cancelled/Expired permits Education Code Section 17624 requires the District to refund the collected Developer Fee if the building permit expires without commencement of construction.
- Senior Citizen Development Board policy state that, except as provided by law, development projects whose facilities are designated specifically and exclusively for use by senior citizens are exempt from Developer Fees. However, any project that includes 150 or more units and is owned or operated by a profit-making entity is subject to the Developer Fee assessment at the commercial/industrial rate.
- Religious Use Government Code 65995 (d) states that "Residential, commercial, or industrial construction" does not include: any facility used exclusively for religious purposes and is thereby exempt from property taxation under the laws of the state.
- Agricultural structure Education Code Section 17622 (a) exempts greenhouse or other agricultural space unless the District complies with both subdivision (b) and (c); reasonable relationship and reasonable cost/fee test. (See section 6.2.1)
- Government building Government Code 65995 (d) states that "Residential, commercial, or industrial construction" does not include: any facility that is owned and occupied by one or more agencies of federal, state, or local government is exempt from Developer Fees.
- School Government Code 65995 (d) exempts any facility used exclusively as a private full-time day school as described in Education Code 48222. Education Code 48222 requires that instruction be given in English and cross-references to comply with provisions of Section 33190.
- DisasterNo fee may be charged for the reconstruction of any structure that is damaged or destroyed as a result of a disaster, except to the extent the square footage of the reconstructed structure exceeds the square footage of the structure that was damaged or destroyed.
Additional supporting documentation and information will be requested from the Developer Fee Office to review requests on a case-by-case basis.
- Can fees be assessed on conversion (i.e., commercial to residential)?
Yes. Changing the use from commercial/industrial to residential is considered “New Residential Construction” and is assessed the current fee rate, as this may impact the school district.
- Why does the District Charge Developer Fees?