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Meeting Date:
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9/28/2022 - 6:00 PM
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Category:
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Business/Action Items
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Type:
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Action
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Subject:
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18.2 Conduct Public Hearing and Review and Potential Approval of School Facility Fee Justification Report and Review and Potential Approval of Resolution 22/23-3, Approving and Adopting Report and Increasing the Statutory Fees ("Level I Developer Fees") on Residential and Commercial/Industrial Development
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LCAP (Local Control Accountability Plan) Goal:
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Goal 1: All students will receive a high quality education in a safe and welcoming environment with equitable and high expectations, access to technology, and instruction in the California State Standards that prepare them for college and career. Goal 3: Parents, family, and community will be informed, engaged and empowered as partners with Mt. Diablo Unified to support student learning and achievement.
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Enclosure
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School Facility Justification Report
Resolution 22/23-3 Increase in Developer Fees
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File Attachment:
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Summary:
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In even numbered years, the State authorizes increases in the maximum Statutory School Facility Fees (“Level 1 Fees”) that may be levied by a school district on new residential and commercial/industrial development. The Level 1 Fees below were adopted by the Board on May 11, 2020.
CURRENT LEVEL 1 FEES ON NEW DEVELOPMENT PER SQUARE FOOT
Residential $4.08
Commercial/Industrial $0.66
Commercial/Industrial Hotel/Motel $0.524
Commercial/Industrial Self-Storage $0.030
School Facility Consultants has prepared an updated School Facility Fee Justification Report to determine if the School District is eligible to increase its Level 1 Fees to the new maximum rates approved by the State Allocation Board in January, 2022. The Report documents the School District’s ability to increase its Level 1 Fees to the amounts listed below in accordance with Education Code Section 17620 and Government Code Section 65995. The report found as follows:
The District is justified to collect the legal maximum fee of $4.79 per square foot of residential development as authorized by Government Code Section 65995 (Level I fees), as future residential development creates a school facility cost of $15.70 per square foot. The District is also justified to collect the legal maximum fee of $0.78 per square foot of development on all categories of commercial/industrial development, as those categories of development create school facility costs ranging from $2.96 to $12.64 per square foot of future development, even when fees from linked residential units are accounted for. Rental self-storage creates a school facility cost of $0.16 per square foot.
The District has provided Notice as required by newly amended Assembly Bill 602 pursuant to Government Code section 65995 and Education Code section 17620.
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Funding:
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N/A
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Fiscal Impact
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Will result in higher charge for developer fees, impact unknown at this time.
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Recommendation:
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Following Public Hearing: 1) Review and Adopt of School Facility Fee Justification Report as prepared by School Facility Consultants; and 2) Adopt Resolution 22/23-3, approving and adopting Residential and Commercial/Industrial Development School Facility Fee Justification Study Report, and increasing the statutory Level 1 Developer Fees imposed on new residential and commercial/industrial development projects pursuant to Education Code Section 17620.
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Approvals:
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Recommended By:
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Signed By:
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Cesar Alvarado - General Counsel
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Signed By:
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Dr. Lisa Gonzales - Chief Business Officer
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Signed By:
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Dr. Adam Clark - Superintendent
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Vote Results:
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| Original Motion | Member Linda Mayo Moved, Member Cherise Khaund seconded to approve the Original motion 'A public hearing was opened at 8:45pm to review and adopt of School Facility Fee Justification Report as prepared by School Facility Consultants and closed at 8:45pm after no comments.
Upon a roll call vote being taken, the vote was Aye: 5 Nay: 0 Abstain: 0 The motion Carried 5-0.
A public hearing was opened at 8:47pm to adopt Resolution 22/23-3, approving and adopting Residential and Commercial/Industrial Development School Facility Fee Justification Study Report, and increasing the statutory Level 1 Developer Fees imposed on new residential and commercial/industrial development projects pursuant to Education Code Section 17620, and closed at 8:47pm after no comments. '. Upon a Roll-Call Vote being taken, the vote was: Aye: 5 Nay: 0. | | The motion CARRIED 5 - 0 | | | | | Linda Mayo | Yes | | Debra Mason | Yes | | Cherise Khaund | Yes | | Keisha Nzewi | Yes | | Erin McFerrin | Yes | |
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