Developer Fee Overview Level 1 Statutory Fees (Govt. Code 65995) - - PDF document

9/13/2016 1 San Diego County Office of Education September 13, 2016

PRESENTED BY

Ty Dorward

Developer Fee Update

Developer Fee Overview

• Level 1 – Statutory Fees (Govt. Code §

65995) – Indexed by SAB every 2 years

• Level 2 – Alternative School Fee (Govt. Code

§ 65995.5) – Allows Increased Fee if Meet Statutory Requirements

• Level 3 ‐ (Govt. Code § 65995.7) – Effectively

Doubles Level 2 Fee Indexed by SAB every 2 years

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Level 3 Statutory Authority

• Government Code Section 65995.7
• Triggered if SAB is no longer approving

apportionments for new construction pursuant due to a lack of funds available for new construction

Level 3 Chronology

• May 25, 2016 – SAB Finds that Level 3 Fees Have been

Triggered

• May 26, 2016 – Temporary Restraining Order Issued by

Superior Court Pending Preliminary Injunction Hearing

• August 29, 2016 – Preliminary Injunction Request

Denied by Superior Court

• September 2, 2016 – Stay Issued by Court of Appeal
• September 12, 2016 – Briefs due from State

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What’s Next

• The Election ‐ What will the vote
• The Legal Proceeding
• What is your District currently doing/planning
• n doing?
• What does future development look like?