{ "_metadata": { "source": "https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030397&revid=jGPmlofGslshawy3zMCfgFrIQ==", "scrapedAt": "2026-05-24T20:11:49.868Z", "method": "Playwright + Simbli ViewPolicy API scraper" }, "code": "7211", "title": "Developer Fees", "type": "BP", "section": "7000", "lastRevised": "03/25/2026", "lastReviewed": "03/25/2026", "hasAttachment": false, "revid": "jGPmlofGslshawy3zMCfgFrIQ==", "contentHtml": "\n\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\n\n\n\n\nIn order to finance the construction or reconstruction of school facilities needed to accommodate increased student enrollment resulting from new development, the Governing Board may establish, levy, and collect developer fees on residential, commercial, and industrial construction within the district, subject to restrictions specified by law.
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\nLevel 1 Fees:  Residential, Commercial and Industrial Construction
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\nBefore taking action to establish, increase, or impose Level 1 developer fees, the Governing Board shall conduct a fee justification study which:  (Government Code 66001)\n
    \n\t
  1. Identifies the purpose of the fee and the use to which the fee will be put
    \n\t 
    2. \n\t
  2. Determines a reasonable relationship between the fee's use and the type of development project for which the fee is imposed
    \n\t 
    3. \n\t
  3. Determines a reasonable relationship between the need for the facility and the type of development project for which the fee is imposed
    \n\t 
    4. \n\t
  4. Determines a reasonable relationship between the amount of the fee and the cost of the facility or portion of the facility attributed to the development for which the fee is imposed
    5. \n
\nBefore levying developer fees or prior to increasing an existing fee, the Governing Board shall hold a public hearing.  The Superintendent or designee shall mail notice of the time and place of the meeting at which a public hearing shall occur, including a general explanation of the matter to be considered and a statement that the required data are available, at least 14 days prior to the meeting to any interested party who has requested such information.  Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed.  Renewal requests for mailed notices shall be filed on or before April 1 of each year.  The district may charge a fee reasonably related to the cost of providing these materials.  (Government Code 66016)
\n
\nInformation on the anticipated amount of fees, other available funds and funding sources, and the estimated cost of planning, land acquisition, and school construction shall be made available to the public at least 10 days before the hearing.  (Government Code 66016)
\n
\nAt the hearing, the Governing Board shall adopt a resolution for the levying of the developer fees.  (Government Code 66016)  
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\nThe resolution shall set forth:\n
    \n\t
  1. The purpose of the fee, the use to which the fee is to be put, and the public improvement(s) that the fee will be used to finance  (Government Code 66001, 66006)
    \n\t 
    2. \n\t
  2. The Governing Board's findings of reasonable relationship which justify the fees pursuant to Government Code 66001
    \n\t 
    3. \n\t
  3. If the district requires payment of the fee at a time earlier than the date of final inspection or the issuance of a certificate of occupancy, the district's determination of either of the following conditions which allow collection of the fees at the time when building permits are issued:  (Government Code 66007)
    \n\t \n\t
      \n\t\t
    1. That the fees are to reimburse the district for previous expenditures
      \n\t\t 
      2. \n\t\t
    2. That the fees shall be collected for public improvements or facilities for which an account has been established, funds have been appropriated, and the district has adopted a proposed construction schedule or plan
      3. \n\t
    \n\t
    4. \n
\nIn the case of any commercial or industrial development, the Governing Board shall make findings on either an individual project basis or on the basis of categories of commercial or industrial development.  Those categories may include, but are not limited to, the following uses: office, retail, transportation, communications and utilities, light industrial, heavy industrial, research and development, and warehouse.  The Governing Board shall also conduct a study to determine the impact of the increased number of employees anticipated to result from the commercial or industrial development upon the cost of providing school facilities within the district.  (Education Code 17621)
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\nLevel 2 Fees:  Residential Construction
\n
\nIn order to impose Level 2 residential construction fees within the limits of Government Code 65995.5, the Governing Board shall, in addition to fulfilling the requirements above for Level 1 fees, undertake the following: (Government Code 65995.5)\n
    \n\t
  1. Make a timely application to the State Allocation Board (SAB) for new construction funding and be determined to be eligible by SAB
    \n\t 
    2. \n\t
  2. Conduct and adopt a school facility needs analysis pursuant to Government Code 65995.6
    \n\t 
    3. \n\t
  3. Satisfy at least two of the requirements set forth in Government Code 65995.5(b)(3)(A-D)
    4. \n
\nAt least 45 days prior to completion of the school facility needs analysis, the Governing Board shall notify and provide copies of the analysis to the planning commission or agency of the city or county with land use jurisdiction within the district.  Upon request of either party, the Governing Board and city or county shall meet within 15 days following notification.  (Government Code 65352.2)
\n
\nThe Governing Board shall adopt the school facility needs analysis by resolution at a public hearing.  (Government Code 65995.6)
\n
\nThis analysis shall not be adopted until the analysis, in its final form, has been made available to the public for a period of not less than 30 days.  Prior to its adoption, the public shall have the opportunity to review and comment on the analysis and the Board shall respond to written comments it receives regarding the analysis.  (Government Code 65995.6)
\n
\nNot less than 30 days prior to the hearing, notice of the time and place of the hearing, including the location and procedure for viewing or requesting a copy of the proposed analysis, shall be published in at least one newspaper of general circulation within the jurisdiction of the district.  If there is no paper of general circulation, the notice shall be posted in at least three conspicuous places within the district's jurisdiction not less than 30 days prior to the hearing.  (Government Code 65995.6)
\n
\nIn addition, the Superintendent or designee shall mail a copy of the needs analysis not less than 30 days prior to the hearing to any person who has made a written request if the written request was made 45 days prior to the hearing.  The district may charge a fee reasonably related to the cost of providing these materials.  (Government Code 65995.6)
\n
\nDuring the period of public review, the analysis shall be provided to the local agency responsible for land use planning for its review and comment. (Government Code 65995.6)
\n
\nThe school facility needs analysis may be revised at any time.  The revision is subject to the same conditions and requirements applicable to the adoption of the analysis.  The existing school building capacity shall be recalculated as part of any revision to the needs analysis.  (Government Code 65995.6)
\n
\nThe fees authorized by Government Code 65995.6 and 65995.7 shall be adopted by resolution as part of the adoption or revision of the school facilities needs analysis.  The fees shall take effect immediately upon adoption of the resolution and may not be effective for more than one year.  (Government Code 65995.6)
\n
\nLevel 3 Fees:  Residential Construction
\n
\nWhen Level 3 fees are authorized by law and the district qualifies for Level 2 fees pursuant to Government Code 65995.5, the Board may assess a fee on residential construction pursuant to Government Code 65995.7.
\n
\nThe notice and hearing requirements, resolution requirement, and term of effectiveness for Level 3 fees shall be the same as the requirements for Level 2 fees as specified above.  (Government Code 65995.7)
\n
\nUse of Fees
\n
\nThe Board shall review information provided by the Superintendent or designee pursuant to Government Code 66006 regarding each account or fund into which developer fees have been deposited, at the first regularly scheduled public Board meeting which occurs 15 days after the information is made available to the public.  Fifteen-day prior notice of this meeting shall be mailed to any parties filing a written request pursuant to Government Code 66006.  (Government Code 66006)
\n
\nIn addition to discharging its public disclosure duties regarding the levying of developer fees, the Board shall, for the fifth fiscal year after the first deposit into the account or fund and every five years thereafter, make all of the following findings with respect to the portion of the account or fund that remains unexpended, whether committed or uncommitted:  (Government Code 66001)\n
    \n\t
  1. Identify the purpose to which the fee is to be put
    \n\t 
    2. \n\t
  2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged
    \n\t 
    3. \n\t
  3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements originally identified
    \n\t 
    4. \n\t
  4. Designate the approximate dates on which the funding referred to in item #3 is expected to be deposited into the appropriate account or fund
    5. \n
\n\n\n", "contentText": "In order to finance the construction or reconstruction of school facilities needed to accommodate increased student enrollment resulting from new development, the Governing Board may establish, levy, and collect developer fees on residential, commercial, and industrial construction within the district, subject to restrictions specified by law.\n\nLevel 1 Fees: Residential, Commercial and Industrial Construction\n\nBefore taking action to establish, increase, or impose Level 1 developer fees, the Governing Board shall conduct a fee justification study which: (Government Code 66001)\n\n- Identifies the purpose of the fee and the use to which the fee will be put\n\n- Determines a reasonable relationship between the fee's use and the type of development project for which the fee is imposed\n\n- Determines a reasonable relationship between the need for the facility and the type of development project for which the fee is imposed\n\n- Determines a reasonable relationship between the amount of the fee and the cost of the facility or portion of the facility attributed to the development for which the fee is imposed\n\nBefore levying developer fees or prior to increasing an existing fee, the Governing Board shall hold a public hearing. The Superintendent or designee shall mail notice of the time and place of the meeting at which a public hearing shall occur, including a general explanation of the matter to be considered and a statement that the required data are available, at least 14 days prior to the meeting to any interested party who has requested such information. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The district may charge a fee reasonably related to the cost of providing these materials. (Government Code 66016)\n\nInformation on the anticipated amount of fees, other available funds and funding sources, and the estimated cost of planning, land acquisition, and school construction shall be made available to the public at least 10 days before the hearing. (Government Code 66016)\n\nAt the hearing, the Governing Board shall adopt a resolution for the levying of the developer fees. (Government Code 66016) \n\nThe resolution shall set forth:\n\n- The purpose of the fee, the use to which the fee is to be put, and the public improvement(s) that the fee will be used to finance (Government Code 66001, 66006)\n\n- The Governing Board's findings of reasonable relationship which justify the fees pursuant to Government Code 66001\n\n- If the district requires payment of the fee at a time earlier than the date of final inspection or the issuance of a certificate of occupancy, the district's determination of either of the following conditions which allow collection of the fees at the time when building permits are issued: (Government Code 66007)\n\n- That the fees are to reimburse the district for previous expenditures\n\n- That the fees shall be collected for public improvements or facilities for which an account has been established, funds have been appropriated, and the district has adopted a proposed construction schedule or plan\n\nIn the case of any commercial or industrial development, the Governing Board shall make findings on either an individual project basis or on the basis of categories of commercial or industrial development. Those categories may include, but are not limited to, the following uses: office, retail, transportation, communications and utilities, light industrial, heavy industrial, research and development, and warehouse. The Governing Board shall also conduct a study to determine the impact of the increased number of employees anticipated to result from the commercial or industrial development upon the cost of providing school facilities within the district. (Education Code 17621)\n\nLevel 2 Fees: Residential Construction\n\nIn order to impose Level 2 residential construction fees within the limits of Government Code 65995.5, the Governing Board shall, in addition to fulfilling the requirements above for Level 1 fees, undertake the following: (Government Code 65995.5)\n\n- Make a timely application to the State Allocation Board (SAB) for new construction funding and be determined to be eligible by SAB\n\n- Conduct and adopt a school facility needs analysis pursuant to Government Code 65995.6\n\n- Satisfy at least two of the requirements set forth in Government Code 65995.5(b)(3)(A-D)\n\nAt least 45 days prior to completion of the school facility needs analysis, the Governing Board shall notify and provide copies of the analysis to the planning commission or agency of the city or county with land use jurisdiction within the district. Upon request of either party, the Governing Board and city or county shall meet within 15 days following notification. (Government Code 65352.2)\n\nThe Governing Board shall adopt the school facility needs analysis by resolution at a public hearing. (Government Code 65995.6)\n\nThis analysis shall not be adopted until the analysis, in its final form, has been made available to the public for a period of not less than 30 days. Prior to its adoption, the public shall have the opportunity to review and comment on the analysis and the Board shall respond to written comments it receives regarding the analysis. (Government Code 65995.6)\n\nNot less than 30 days prior to the hearing, notice of the time and place of the hearing, including the location and procedure for viewing or requesting a copy of the proposed analysis, shall be published in at least one newspaper of general circulation within the jurisdiction of the district. If there is no paper of general circulation, the notice shall be posted in at least three conspicuous places within the district's jurisdiction not less than 30 days prior to the hearing. (Government Code 65995.6)\n\nIn addition, the Superintendent or designee shall mail a copy of the needs analysis not less than 30 days prior to the hearing to any person who has made a written request if the written request was made 45 days prior to the hearing. The district may charge a fee reasonably related to the cost of providing these materials. (Government Code 65995.6)\n\nDuring the period of public review, the analysis shall be provided to the local agency responsible for land use planning for its review and comment. (Government Code 65995.6)\n\nThe school facility needs analysis may be revised at any time. The revision is subject to the same conditions and requirements applicable to the adoption of the analysis. The existing school building capacity shall be recalculated as part of any revision to the needs analysis. (Government Code 65995.6)\n\nThe fees authorized by Government Code 65995.6 and 65995.7 shall be adopted by resolution as part of the adoption or revision of the school facilities needs analysis. The fees shall take effect immediately upon adoption of the resolution and may not be effective for more than one year. (Government Code 65995.6)\n\nLevel 3 Fees: Residential Construction\n\nWhen Level 3 fees are authorized by law and the district qualifies for Level 2 fees pursuant to Government Code 65995.5, the Board may assess a fee on residential construction pursuant to Government Code 65995.7.\n\nThe notice and hearing requirements, resolution requirement, and term of effectiveness for Level 3 fees shall be the same as the requirements for Level 2 fees as specified above. (Government Code 65995.7)\n\nUse of Fees\n\nThe Board shall review information provided by the Superintendent or designee pursuant to Government Code 66006 regarding each account or fund into which developer fees have been deposited, at the first regularly scheduled public Board meeting which occurs 15 days after the information is made available to the public. Fifteen-day prior notice of this meeting shall be mailed to any parties filing a written request pursuant to Government Code 66006. (Government Code 66006)\n\nIn addition to discharging its public disclosure duties regarding the levying of developer fees, the Board shall, for the fifth fiscal year after the first deposit into the account or fund and every five years thereafter, make all of the following findings with respect to the portion of the account or fund that remains unexpended, whether committed or uncommitted: (Government Code 66001)\n\n- Identify the purpose to which the fee is to be put\n\n- Demonstrate a reasonable relationship between the fee and the purpose for which it is charged\n\n- Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements originally identified\n\n- Designate the approximate dates on which the funding referred to in item #3 is expected to be deposited into the appropriate account or fund", "footnotes": [ { "type": "State", "references": [ { "code": "2 CCR 1859-1859.199", "description": "Leroy F. Greene School Facilities Act", "url": "" }, { "code": "Ed. Code 101122", "description": "Schedule for allocation of proceeds from sale of bonds", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=101122." }, { "code": "Ed. Code 17070.10-17079.30", "description": "Leroy F. Greene School Facilities Act", "url": "http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=1.&chapter=12.5.&part=10.&lawCode=EDC&title=1.&article=1." }, { "code": "Ed. Code 17582", "description": "District deferred maintenance fund", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=17582." }, { "code": "Ed. Code 17620-17626", "description": "Levies against development projects by school districts", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=EDC&division=1.&title=1.&part=10.5.&chapter=6.&article=" }, { "code": "Gov. Code 6061", "description": "Manner of notice as prescribed in designated section", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=6061." }, { "code": "Gov. Code 6066", "description": "Two weeks' notice", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=6066." }, { "code": "Gov. Code 65352.2", "description": "Communicating and coordinating of school sites", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=65352.2." }, { "code": "Gov. Code 65864-65869.5", "description": "Development agreements", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=4.&article=2.5." }, { "code": "Gov. Code 65995-65998", "description": "Payment of fees against a development project", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=4.9.&article=" }, { "code": "Gov. Code 66000-66008", "description": "Fees for development projects", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=5.&article=" }, { "code": "Gov. Code 66016-66019", "description": "Procedures for adopting various fees", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=8.&article=" }, { "code": "Gov. Code 66020-66025", "description": "Protests, legal actions, and audits", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=9.&article=" } ] }, { "type": "Management Resources", "references": [ { "code": "Court Decision", "description": "Garrick Development Company v. Hayward Unified School District (1992) 3 Cal.App.4th 320", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Warmington Old Town Associates (2002) 101 Cal.App.4th 840", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Cresta Bella, LP v. Poway Unified School District (2013) 218 Cal.App.4th 438", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Summerhill Winchester LLC v. Campbell Union School District (2018) 30 Cal. App. 5th 545", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Tanimura & Antle Fresh Foods, Inc. v. Salinas Union High School District (2019) 34 Cal. App. 5th 775", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Court Decision", "description": "Dolan v. City of Tigard (1994) 114 S.Ct. 2309", "url": "https://www.supremecourt.gov/opinions/opinions.aspx" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" }, { "code": "Website", "description": "Department of General Services, Office of Public School Construction", "url": "https://www.dgs.ca.gov/opsc" } ] } ], "crossRefs": [ { "code": "7210", "title": "Facilities Financing", "type": "AR" } ], "attachments": [] }