NOTICE OF AVAILABILITY OF DEVELOPER FEE ANNUAL REPORT & FIVE-YEAR FINDINGS
NOTICE IS HEREBY GIVEN that San Rafael Elementary School District and San Rafael High School District (collectively, the “District”) are each making available for public review its proposed Annual Developer Fee Report and Five-Year Findings (“Fee Reports”) pursuant to Government Code sections 66001 and 66006(b)(2) for the fiscal year ending June 30, 2024. The Fee Reports are available for public review at the District office and online in accordance with Government Code section 66006(e)(2) at this webpage.
The Board of Education will review the Fee Reports at its next regularly scheduled public meeting on Monday, January 13, 2025. The public meeting for this purpose will begin at 6 p.m., or as soon thereafter as practicable, in the Board Room, located at the District office, 2nd floor, at 310 Nova Albion Way, San Rafael, CA 94903.
Any questions and/or comments should be directed to Mr. Bob Marcucci, Deputy Superintendent, at bmarcucci@srcs.org or 415-492-3205.
One and Five-Year Report
San Rafael City School District (“District”) understands that misinformation has recently been circulating throughout the community via social media and other means regarding a recent change in the law that concerns the construction of Accessory Dwelling Units (“ADUs”). Government Code section 65852.2, which went into effect January 1, 2020, amends the parameters by which a local agency, special district, or water corporation may levy impact fees on ADUs under 750 square feet. However, school districts are not impacted by this new law because the statute expressly only applies to cities, counties, water districts, and special districts. School districts do not fall into any of these categories.
Furthermore, school districts are independently authorized to levy developer fees per Education Code section 17620. The ADU legislation does not modify, suspend, or mention Education Code section 17620. Accordingly, it does not restrict a school district’s ability to levy, nor does it limit the levy of, developer fees on ADUs.
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.
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