The Board of Education of the Cambrian School District adopted Level I Developer Fees pursuant to Education Code Section 17620.
Within the school district boundaries, developer fees are to be levied upon both new construction and reconstruction, including (1) new commercial and industrial construction; (2) new residential construction; (3) other residential construction only if an increase of existing assessable space exceeds five hundred (500) square feet; and (4) the location, installation, or occupancy of manufactured homes and mobile homes.
Education Code Section 17620(a)(1)(A) provides that “the chargeable covered and enclosed space of commercial or industrial construction shall not be deemed to include the square footage of any structure existing on the site of that construction as of the date the first building permit is issued for any portion of that construction.” Therefore, with new commercial and industrial construction, developer fees may be assessed to any square footage of enclosed space in excess of the square footage of the prior existing structure, measured on the date the first building permit is issued for a project. This essentially means that a “credit” is to be given per square foot to all new commercial and industrial construction for any structures (commercial, industrial, or residential) that were demolished on the site after the beginning of a project.
However, new residential construction differs from this analysis. The Education Code does not provide for this “credit” per square foot as it relates to new residential structures. Therefore, the District may assess developer fees to all new residential structures. As discussed above, residential construction which is not new residential construction, can only be subject to developer fees assessment “if the resulting increase in assessable space exceeds 500 square feet.” Education Code Section 17620(a)(1)(C)(i). In such a case, fees can be levied against the “total resulting increase in assessable space.” Education Code Section 17620(a)(1)(C)(i). With commercial and industrial construction, as discussed above, this “500 square feet rule” does not apply.
The process begins in the City of San Jose Planning Department.Questions regarding the assessment of fees on a particular project may be addressed to:Cambrian School DistrictAttn: Sheetal Mistry, Controller4115 Jacksol DriveSan Jose, CA 95124You may also email us at: email@example.com