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Fees and Charges

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Fee Detail

Fee ID: 5668 Category: Building Permit Fees Fee Name: School Impact Fees Description (Short): Refer to long Description Description (Long):

Effective January 1, 1987 by the approval of state assembly bill 2926, School districts in the State of California are authorized by Education Code Section 17620 and Government Code Section 65995 to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the district, for the purpose of funding the construction or reconstruction of school facilities.

It is specified within the Education code Section 17620 subsection (b) that a city or county shall not issue a building permit for any construction absent certification by the appropriate school district that any fee, charge, dedication, or other requirement levied by the governing board of that school district has been complied with, or of the district’s determination that the fee, charge, dedication, or other requirement does not apply to the construction.

Government code section 65995 subsections (b) (1) specifies that with regard to residential construction the building department of the city or county issuing the building permit will calculate the assessable space in accordance with the standard practice of that city or county for the purpose of assessing school impact fees.

Government code section 65995 subsection (b) (2) specifies that with regard to commercial or industrial construction determination of the chargeable covered and enclosed space within the perimeter of a commercial or industrial structure shall be made by the building department of the city or county issuing the building permit, in accordance with the building standards of that city or county for the purpose of assessing school impact fees.

These fees are authorized by Government code section 65995, subsection (b) (3) to be adjusted every two years for inflation according to statewide cost index for class B construction.

Definitions:

Assessable Space relates to residential construction and refers to structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area.

Chargeable covered and enclosed space relates to commercial or industrial construction and refers to covered or enclosed space determined to be within the perimeter of a commercial or industrial structure, not including any storage areas incidental to the principal use of the construction, garage, parking structure, unclosed walkway, or utility or disposal area.

Exemptions:


Residential projects which do not exceed an increase of 500 square feet do not have to pay this fee. The calculation must include any decreases in “assessable space” which result from the same construction project. An example of this would be a remodel/addition project in which a 300 sq. ft. habitable portion of an existing residence was being demolished and a 700 sq. ft. addition was to be constructed to the residence. The net increase of habitable “assessable space” is 400 sq. ft. Therefore no school district impact fees would be due. If only a 100 sq. ft. habitable potion of the existing structure was demolished resulting in a 600 sq. ft. net increase school fees would be due.

There are some exemptions which apply to commercial uses they are described as follows.

Facilities used exclusively for religious purposes are exempted from this fee by Government Code Section 65995 subsection (d). Also exempted by the same section are Private full-time day schools as described in section 48222 of the Education Code. Additionally any facility that is owned and occupied by one or more agencies of the federal, state or local government are exempt from School Impact Fees. Hotels, Inns, Motels, Tourist Homes, or other lodging for which the maximum term of occupancy for guest does not exceed 30days are subject to School Impact Fees, but Residential Hotels as defined in paragraph (1) of subdivision (b) of section 50519 of the Health and Safety Code are not required to pay School Impact Fees.

Fee Amount:
The fee amount varies by school district, and is not relevant to the responsibilities of the City of Sacramento’s, Community Development Department, and Building Division. Our responsibility is to:

  1. Verify and retain as a digitally scanned attachment to relevant building permit activities, the appropriate proof of School Impact Fee payment.
    1. Each district has a multipart form which is filled out by the plan reviewer, or processor for each building permit. This form provides space for the building department representative to record the square footages involved in the project, and the permit number.
    2. This form also provides space for the school district to record the amount and day of School Impact Fee payment.
    3.  The permit applicant takes this form to the applicable school district makes payment and returns one portion of the multipart form to our depart to show proof of “compliance”.
  2. Full detailing of the square footages involved in a project on the School Impact Fee form (sometimes call certificate of compliance).
    1. Special care must be taken to delineate the “assessable space” for residential projects. Any square footages which are questionable in reference to the state Government Code definition of assessable space should be clearly described on the school fee form with its associated square footage so that the school district can make the fee determination.
    2. Special care should also be taken to delineate the “chargeable covered and enclosed space” for commercial and industrial projects. Any square footages which are questionable in reference to the state Government Code definition of chargeable covered and enclosed space should be clearly described on the school fee form with its associated square footage so that the school district can make the fee determination.
  3. It should also be clearly communicated on the school fee forms whether the square footages shown are new square footages (new building or addition) or change of use. Government Code 65995.1(c) requires that fees be paid for changes of use. Because School Impact fees for all commercial uses are the same the only change of use which will likely pay any additional fees are conversions of existing commercial space to residential.

Time of Payment:
Proof of payment must be received and attached to building permit activities prior to issuance.

Fee calculated based on Applied or Issued Date:
N/A

Refunds: 
Refunds must be pursued with the school district at which the fees were paid.

 

Contact Information: Refer to attached document with contact information by School District Ordinance Information: The collection of School Impact Fees was authorized by the passage of State assembly bill 2926. Relevant codes include but are not limited to: California Government Code 65995-65998 and 53080, California Education Code sections 17620-17626, and 48222, California health and Safety Code 50519
Fee Amount: See Calculation Note Fee Purpose: The School Impact Fees are used to fund the construction or reconstruction of school facilities within the district for which they are collected. Fee Calculation Type: Project Specific Calculation Note: Project Specific in the sense that the fee rate varies by school district. No monies are collect by the City of Sacramento for this fee. The City requires proof of payment at the appropriate school district in the form of a completed "Certificate of Compliance". The attached form is intended as a reference only school district location, contact and rate information. Please, contact the applicable school district for the most up to date information. Fee Type: Other Attachment: 21000112256682016-07-01CDD-0226_School-Disctrict-Impact-Fees_5-26-2017.pdf