(cf. 7110 - Facilities Master Plan)
Developer Fees
In order to finance the construction or reconstruction of school facilities needed to accommodate students coming from new development, the Board may levy and collect developer fees on residential, commercial and industrial construction within the district, subject to restrictions specified by law. (Government Code 53080, 65995, 65996)
The Board shall make the following findings before taking action to impose developer fees: (Government Code 66001)
1. Identify the purpose of the fee and the use to which the fee will be put
2. Determine the existence of a reasonable relationship between the fee's use and the type of development project for which the fee is imposed
3. Determine the existence of a reasonable relationship between the need for the public facility and the type of development project for which the fee is imposed
4. Determine the existence of a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributed to the development for which the fee is imposed.
The Superintendent or designee shall establish an appeals process for the handling of protests by developers. (Government Code 53080.1)
Legal Reference:
EDUCATION CODE
15100-17059.2 School bonds, especially:
15122.5 Ballot statement
15300-15327 School facilities improvement districts
17000-17059.2 State School Building Lease-Purchase Law of 1976
17060-17066 Joint venture school facilities construction projects
17070.10-17076.10 Leroy F. Greene School Facilities Act of 1998
17085-17095 State Relocatable Classroom Law of 1979
17582 District deferred maintenance fund
17620-17626 Levies against development projects by school districts especially:
17621 Procedures for levying fees
GOVERNMENT CODE
6061 One time notice
6066 Two weeks' notice
50075-50077 Voter-approved special taxes
50079 School districts; qualified special taxes
53175-53187 Integrated Financing District Act
53311-53368.3 Mello-Roos Community Facilities Act of 1982
53753 Assessment notice and hearing requirements
53753.5 Exemptions
54954.1 Mailed notice to property owners
54954.6 New or increased tax or assessment; public meetings and hearings; notice
65864-65867 Development agreements
65970-65980.1 School facilities development project
65995-65998 Payment of fees against a development project
66000-66008 Fees for development projects
66016-66018.5 Development project fees
66020-66025 Protests and audits
HEALTH AND SAFETY CODE
33445.5 Overcrowding of schools resulting from redevelopment
33446 School construction by redevelopment agency
CALIFORNIA CONSTITUTION
Article 13D, Sections 1-6 Assessment and property related fee reform
UNCODIFIED STATUTES
17696-17696.98 Greene-Hughes School Building Lease-Purchase Bond Law of 1986
CODE OF REGULATIONS, TITLE 2
1859-1859.106 School facility program
COURT DECISIONS
Loyola Marymount University v. Los Angeles Unified School District, (1996) 45 Cal.App.4th 1256
Ehrlich v. City of Culver City (1996) 12 Cal.4th 854
Dolan v. City of Tigard (1994) 114 S.Ct. 2309
Canyon North Co. v. Conejo Valley Unified School District, (1993) 19 Cal.App.4th 243, 23 Cal.Rptr.2d 495
Garlic Development Co. v. Hayward Unified School District, (1992) 3 Cal.App.4th 320, 4 Cal.Rptr.2d 897
Nollan v. California Coastal Commission (1987) 107 S.Ct. 3141
ATTORNEY GENERAL OPINIONS
79 Ops.Cal.Atty.Gen. 149 (1996)
Management Resources:
WEB SITES
Department of General Services, Office of Public School Construction: http://www.opsc.dgs.ca.gov
Policy ALHAMBRA UNIFIED SCHOOL DISTRICT
adopted: September 9, 1997 Alhambra, California