HomeMy WebLinkAboutCC 8 SENATE BILL 97F�T,CONSENT CALENDAR
NO. 8
4-6-87
APRIL 1, 1987
DATE:
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY AND ADMINISTRATIVE SERVICES
Inter - Com
APPP011EU S TA F F RE 1, 0 i'ii: Ei`1D,,%TI0N
SUBJECT: SENATE BILL 97 (BERGESON) ON SCHOOL DEVELOPER FEES
RECOMMENDATION:
Direct staff to monitor and support SB 97.
BACKGROUND:
Senator Bergeson's SB 97 addresses the issue of school impact fees; it is
clean-up legislation which staff can support. It eliminates much of the
uncertainty and confusion cities are experiencing when implementing this new
law:
1. It defines more specifically which projects are subject to school fees
and how the square footage should be calculated.
2. It specifies the procedures and findings school districts must follow
before levying the fees.
3. It resolves the apparent conflict over the point in the
development -approval process when the fees can be collected.
4. It allows school districts to delegate fee collection by contract.
A full summary is attached for your review.
Royleen A. White, Director
Community and Administrative Services
kaw
Attachment
SUMMARY OF SB 97 AMENDMENTS
I. Modifies School District Procedures
A. Adds protest procedure in Section 53080.1 based on
current procedure for residential subdivisions, which
also applies to school districts (Govt.Code §65913.5)
1. Any party can pay fee under protest within 90 days
of fee imposition and bring an action in court within
180 days.
2. Cities/counties could continue to issue development
approvals pending resolution of dispute.
3. If court rules in favor of plaintiff, school district
must refund unlawful portion at 8%.
B. Rewrites existing Government Code Section 65962 on
public notice/ hearings and adds it as a new section
53080.2.
1. Adds requirement for school district to forward copy
of fee authorization and maps to city/county within
10 days of adoption.
C. Specifies how school districts must account for these
funds based on current law (Government Code Section
53077) .
1. This is not a new requirement for schools!
2. Conforms with changes in SB 372 (Bergeson)
D. Changes the deadline in SB 97 for school districts
to certify compliance of fees from 30 to 10 days.
E. Deletes exemption of fees from CEQA.
II. Revises Definitions of Eligible Projects and Square Footage
A. Prohibits use of fees for any type of maintenance work.
B. Prohibits levy of fee on the replacement of any
residential, industrial, or commercial development that
is destroyed by disaster.
C. Revises definition of habitable area to definition of
conditioned floor space used in calculating areas to be
heated and cooled (Title 24 -energy standards).
D. Revises definition of reconstruction to mean Education
Code Section 17722.7. (facility must be 30 years old;
project provides increased capacity to house students;
cost exceeds 25% of replacement cost, but no more than
75%) .
E. Limits fee on residential development for remodeling
to 1000 square feet or more.
III.Revises Local Match Requirement
A. Allows credit against local match for administrative
costs of collecting fees.
B. Allows credit against local match to avoid
"doublecounting" for schools financed with Mello -Roos
under SB 1801 (Educ. Code §17718.5) and financed with
50% local funds under SB 327 (Educ. Code §17740.3).
IV. Revises Fee Allocation of Overlapping Districts
A. Gives school districts deadline for entering into
agreements of 3 months from effective date of bill or
when fee adopted, whichever occurs later.
3/3/87