California-Developer School Fees under Sb13 / Land Use 65852.2

[Michael Frost]

I am currently battling with the local school district here in Orange County. Capistrano Unified School District. Their interpretation of the new ADU laws don't match up with the intent of the legislation. They are attempting to impose their latest developer fee rate of $4.08 per square ft, even on designs less than 750 square ft.

Any thoughts?  HCD currently agrees with me that the fees do not apply- although they have no leverage against specific school districts.

[John A Murray]

Michael the LBUSD is claiming the Education Code is their guiding document. The Education Code refers to the Government Code to describe meaning of the work being done. The Government Code says that new construction or reconstruction shall be considered as "residential construction", which in the Education Code means the square footage fee limitations apply. It's pretty clear. As such I don't believe a school district has ever had the ability to evade these provisions.

I've been in contact with Reid Miller at the HCD since January 2020 and the lawyers have been looking at this particular clause in SB 13 since then, with the result being their interpretation that the language applies to school districts, as spelled out in the late 2020 handbook.

Addition vs ADU would go nowhere they will charge you an impact fee regardless.

Where do you see in the Government Code the language you quote "HCD is referencing the standard fee section of the government code- and it does state that a owner can add up to 500 square ft to their property and not pay "school fees"?

Since we're talking about substantial money the school districts will fight this to the end. They won't be bothered spending our money and using their (our) lawyers so they can continue to overcharge us.

LBUSD charged a resident school impact fees for adding sewer service to a 300sf permitted existing "rumpus room". What a ripoff!

My 360 sf ADU, probably rented to a family with five children, will be putting such a strain on the school districts finances. The 500sf cutoff makes perfect sense.