18 ATTACHMENT 09 - Laserfiche WebLink

Joint City of Pleasanton and Pleasanton Unified School District Liaison Committee December 12, 2016 Page 3 square foot for commercial and industrial development,subject to annual inflation adjustments.'(Gov. Code, §65995.) Level II fees may only be imposed by a school district that: O makes a timely application to the State Allocation Board("Board")for new construction funding and be determined by the Board to meet the eligibility requirements for new construction funding; e has completed a School Facilities Needs Analysis;and O satisfies at least two of the following four requirements:(1)has a"substantial enrollment"of its elementary school pupils on a multitrack year-round schedule; (3)has placed on the ballot in the previous four years a local general obligation bond to finance school facilities and the measure received at least 50 percent plus one of the votes cast;(2)has issued debt or incurred obligations for capital outlay in an amount equivalent to specified percentages of the district's local bonding capacity;and (4)at least 20 percent of teaching stations within the district are relocatable classrooms. (Gov. Code, §§ 65995.5 and 65995.6.) Level III fees can only be imposed by school districts that have satisfied Level II requirements. In addition, Level HI fees cannot be triggered until the Board determines and notifies the Legislature,that "state funds for new school facility construction are not available."(Gov. Code, § 65995.7(a).) The statute provides that"state funds are not available if the State Allocation Board is no longer approving apportionments for new construction . . . due to a lack of funds available for new construction."(Id.)3 The City may not issue a building permit until it receives certification from PUSD that its school mitigation fees and requirements have been complied with. (Ed. Code, § 17620(b).) Second, SB 50 makes clear that the capped fee amounts are the exclusive method of considering and mitigating impacts on school facilities that occur or might occur as the result of any legislative or adjudicatory act. (Gov. Code, § 65996(a).) SB 50 also makes clear that a city may not deny or refuse to approve a development project(which involves a legislative or adjudicative act,or both)on the basis that school facilities are inadequate. (Gov. Code, § 65996(b).) 2 The current amounts,adjusted for inflation are$3.48 per square foot for residential development and$.56 a square foot for commercial and industrial development.(For annual fee adjustment information see State Allocation Board webpage: http://www.dgs.ca.gov/opsc/Resources/AnnualAdjustment.aspx.) PUSD has established Level I fees by resolution.(PUSD Resolution No.2014-15.28.) 3 Level III fees are intended to essentially replace matching funds from the state for new construction and modernization projects when state funding is not available. As a result,they roughly double Level II fees currently being collected by eligible school districts. For example,the Dublin Unified School District has established Level 11 fees of$10.66 per square foot and Level Ill fees of$21.32 per square foot.(Dublin Unified School District Resolution No.2015-16-45.)