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Developer Fees Information

Processing Applications During COVID-19 CLOSURE

Please email your full set of plans to Emily Busch. 

Once we have reviewed your plans we will contact you with further instructions. 

 

SB 13 ADU Developer Fees

Are school districts subject to AB 68’s (codified as Government Code section 65852.2) exemption from impact fees for Accessory Dwelling Units (“ADUs”) 750 square feet or less, the answer is no

In short, while Marin County’s Planning Department is correct that the definition of “local agency” under Government Code section 66000 includes school districts, Government Code 65852.2 has its own, different definition of “local agency” that does not include school districts.  The definition of “local agency” contained in Government Code section 65852.2 is the definition that applies.  Accordingly, the exemption is only applicable to impact fees imposed by cities or counties; it is not applicable to impact fees imposed by school districts.     

The relevant provisions of Government Code 65852.2 are subparagraph (f)(3) and subparagraph (j)(5). 

Subparagraph (f)(3) provides: A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477.  “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.

While Subparagraph (f)(3)(B), above, incorporates the definition of “fee” from Government Code section 66000(b), it does not incorporate the definition of “local agency” from Government Code section 66000.  Instead, Government Code section 65852.2 provides its own definition of “local agency” in Subparagraph (j)(5): (j) As used in this section, the following terms mean: … (5) ”Local agency” means a city, county, or city and county, whether general law or chartered.

Accordingly, the exemption from impact fees set forth in Government Code section 65852.2 (AB 68) only applies to impact fees imposed by a city or county.  It does not apply to impact fees imposed by a school district. In general, AB 68 is more about amending zoning schemes and taking potential roadblocks away from the construction of ADUs than it is about restricting fees.  The statute sets forth how ADUs are to be treated under city and county zoning ordinances and general plans, and regulates the approval process by cities and counties. In contrast, exemptions from impact fees specifically imposed by school districts on residential construction can already be found under existing law.  For example, residential additions (such as an attached ADU) are exempt from the payment of fees if the net increase in assessable space is less than 500 square feet pursuant to Education Code section 17620(a).     

 

 

Background

In 1986, the California Legislature authorized school districts to levy school impact or developer fees on residential and commercial/industrial development for the purpose of funding the construction or reconstruction of school facilities.  The basis of the school facilities legislation is the relationship between new development, and the impact on school districts to provide adequate school facilities for the student population new development generates.  The authority for the District’s assessment of developer fees is set forth in Education Code Section 17620, pursuant to Government Code 65995.

Fees

Please email ebusch@srcs.org to make an appointment to come by and complete an application.

Fees Updated November 2018

Residential

High School District  $1.17

Elementary District   $2.62

Miller Creek District             $2.62

Commercial Retail 

High School District  $.19

Elementary District   $.42

Miller Creek District             $.42

Commercial Hotel/Motel

High School District  $.124

Elementary District   $.245

Miller Creek District             $.42

Commercial Self Storage*

High School District  $.06

Elementary District   $.14

Miller Creek District             $.42


**If Storage Facility has living space add a Residential Fee for the square footage. 

An application must be completed with the District for all Accessory Dwelling Units (ADU) attached and unattached. This includes conversions of non-livable space such as but not limited to garages and basements and may be subject to fees

Frequently Asked Questions
  • How often do mitigation amounts change and how are they calculated?

The District evaluates mitigation amounts periodically (approximately every two years).  Mitigation amounts are determined based on studies that include demographic data, State Allocation Board information, and a statistical analysis of projected impacts of future development on the District.

  • How are mitigation amounts calculated? 

If the addition is less than 500 square feet, no mitigation amounts are owed. If the addition is 500 square feet or more, mitigation amounts are owed for the entire addition.  For example, if the addition is 750 square feet, mitigation amounts are owed on the full 750 square feet.  If the square footage is 499 or less, no mitigation amounts are owed. If you are converting "unlivable" space (such as a garage or basement) into livable space that is more than 500 square feet, this qualifies for fees.

 

You must still complete an application with the District even when the addition is less than 500 square feet so the District can issue a certificate showing the addition is exempt. 

 

An application must be completed with the District for all Accessory Dwelling Units (ADU). This includes conversions of nonlivable space such as but not limited to garages and basements and may be subject to fees. 

  • Do I have to pay mitigation amounts if I am building a home but have no children?

Yes, mitigation amounts apply even if you have no children because there will be an impact on the District if you sell to someone with children.