3B Public Hearing 2009 0720 - Laserfiche WebLink

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" a) the purpose of the fees adopted and confirmed in this resolution is to fund the construction or reconstruction of school facilities; b) these fees will be used to fund the construction or reconstruction of school facilities needed to reduce overcrowding which exists in the District and impairs the normal functioning of educational programs; c) the overcrowding to be reduced by use of these fees exists because the enrollment resulting from continuing residential, commercial, or industrial construction exceeds the capacity of the District to provide adequate housing; d) the amount of fees to be paid pursuant to this resolution bears a reasonable relationship and is limited to the needs of the community for elementary or high school facilities and is reasonably related and limited to the need for schools caused by residential, commercial or industrial construction, and; e) the amount of fees to be paid pursuant to this Resolution does not exceed the estimated reasonable costs of providing for the construction or reconstruction of school facilities necessitated by the construction projects from which the fees are to be collected. And be it further resolved, that the board adopts and levies the following fees upon any construction within the boundaries of the District for the construction or reconstruction of school facilities: A) $2.97 per square foot of all assessable residential space as defined by Government Code Section 65995(b)(1)." , The school district is limited by State law to a maximum fee of $2.97 per square foot feet of residential development. The fees collected may be used for purchase or lease of interim school facilities, for purchase or lease of land for school facilities, for construction modernization and reconstruction of school facilities, and for design, permit fees and school furniture. California State Assembly Bill 2926 -School Facilities Act of 1986. In 1986, AB2926 was enacted by the State of California authorizing entities to levy statutory fees on new residential and commercial development in order to pay for school facilities. AB 2926, entitled the "School Facilities Act of 1986", was expanded and revised in 1987 through passage of A131600, which added section 660000 et seq. of the Government Code. Under this statute, payment of statutory fees by developers would serve as total CEQA mitigation to satisfy the impact of development on school facilities. California Senate Bill 50 (SB 50). The passage of SB 50 in 1998 defined the Needs Analysis process in Government Code Sections 65995.5 to 65998, thus providing the requirements that a school district must articulate when identifying expansion programs. Under the provisions of SB 50, school districts may collect fees to offset the costs associated with increasing school capacity as a result of development. The fees- referred to as Level one fees -are assessed based upon the proposed square footage of residential, commercial/industrial, and/or parking structure uses. Level Two fees require the developer to provide one-half of the costs of accommodating students in new schools, while the state would provide the other half. Level Three fees require the development to pay the full cost of accommodating the students in new schools and would be implemented at the time the funds available from Proposition IA (approved by the voters in 1998) are expended. School districts must demonstrate to the state their long-term facilities needs and costs based on long-term population growth in order to qualify for this source of funding. Planning Commission July 9, 2009 Cornerstone at San Leandro Crossings Public Hearing Page 10 of 14