News & Analysis as of

Impact Fees School Districts

Miller Starr Regalia

School District Not Required to Evaluate Impact of Private University Housing Project Before Imposing Impact Fees

Miller Starr Regalia on

On November 5, 2020, in AMCAL Chico LLC v. Chico Unified School District, __ Cal.App.5th __ (2020) (Case No. C087700), a case involving the Chico Unified School District’s imposition of school impact fees on a dormitory...more

Lowndes

OCPS School Impact Fee Advisory Committee Makes Final Recommendations

Lowndes on

On August 14, 2020, the Orange County Public Schools ("OCPS") School Impact Fee Study Advisory Committee ("the Committee") held its final meeting. The Committee, which first convened in October 2018, was tasked with making...more

Perkins Coie

School Mitigation Fees May Validly be Imposed on Adult-Only Seasonal Farmworker Housing

Perkins Coie on

When imposing a school impact fee on residential development, a district need not separately analyze particular subtypes of projects; the authorizing statutes simply require a reasonable relationship between the need for the...more

Sheppard Mullin Richter & Hampton LLP

No Students? No Problem, Developer Still Pay

In Tanimura & Antle Fresh Foods, Inc. v. Salinas Union High School District, the Sixth District Court of Appeal considered whether the Salinas Union High School District (“District”) acted reasonably in imposing a school...more

Lowndes

Orange County Proposes School Impact Fee Increases – Public Comments on April 8th

Lowndes on

Residential developers should take note of the potential increases in school impact fees for new developments in Orange County (the “County”)....more

Perkins Coie

29th Annual Land Use & Development Law Briefing - 2019

Perkins Coie on

Land Use and Development Case Summaries (short form) - 1. PLANNING AND ZONING - CENTER FOR COMMUNITY ACTION AND ENVIRONMENTAL JUSTICE V. CITY OF MORENO VALLEY, 26 Cal. App. 5th 689 (2018) - Based on the language and...more

Perkins Coie

School District’s Fee Study Did Not Contain the Information Necessary to Lawfully Impose Development Fees

Perkins Coie on

The Sixth District Court of Appeal invalidated a school district’s Level 1 development fee because the underlying fee study did not properly calculate anticipated growth and included the cost of hypothetical new schools that...more

Miller Starr Regalia

Court Invalidates School District’s Fee on New Residential Development

Miller Starr Regalia on

In a decision filed December 4, 2018 and published December 20, 2018, the Sixth District Court of Appeal, in SummerHill Winchester LLC v. Campbell Union School District, __ Cal.App.5th __ (2018) (Case No. H043253), affirmed a...more

Perkins Coie

School Fees for Apartment Buildings Not Limited to Square Footage of Individual Units

Perkins Coie on

School impact fees for an apartment complex must be calculated based on the square footage of both the individual units and other space within the interior of the buildings, such as hallways and elevator shafts. 1901 First...more

Miller Starr Regalia

Court Holds that for Purposes of Calculating Level 1 School Impact Fees, “All Interior Space is Assessable”

Miller Starr Regalia on

On March 29, 2018, in 1901 First Street Owner, LLC v. Tustin Unified School District, __ Cal.App.5th __ (2018) (Case No. G054086), the Fourth District Court of Appeal addressed an important case of first impression regarding...more

Miller Starr Regalia

State Allocation Board Temporarily Stopped From Authorizing Level 3 School Impact Fees

Miller Starr Regalia on

The California Building Industry Association obtained a critical temporary restraining order against the State Allocation Board in connection with the Board’s 6-4 vote on May 25, 2016 finding, for the first time, that state...more

Akerman LLP

Lake County, Florida Impact Fees to Increase

Akerman LLP on

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks....more

Manatt, Phelps & Phillips, LLP

Real Estate and Land Use - September 2015 #2

Use It or Lose It: San Clemente Required to Refund $10 Million in Unused Impact Fees: Walker v. City of San Clemente (August 28, 2015, G050552) - Why It Matters: In a strict reading of a local agency’s...more

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