Developer Impact Fees

Welcome to East Side Union High School District’s Developer Impact Fees web page.  We strive to make your experience as pleasant and efficient as possible.  We welcome your feedback to help us continuously improve our customer service focus.

HOURS_of_COLLECTION Card IconHOURS of COLLECTIONTop of Page

Collection hours are Monday through Friday 9:00am to 11:00am and 2:00pm to 4:00pm.  Friday collections do not occur in June and July, due to our 4-day summer work schedule.  We are closed on the following District-observed holidays:

District Holiday Schedule

 Independence Day           July 4, 2016
 Labor Day
 September 5, 2016
 Veteran's Day  November 11, 2016
 In lieu of Admissions Day                
 November 23, 2016
 Thanksgiving  November 24 - 25, 2016
 Holiday Break
 December 19, 2016 - January 2, 2017
 Martin Luther King, Jr.  January 16, 2017
 Washington's Birthday
 February 20, 2017
 Lincoln's Birthday
 February 24, 2017
 César Chávez
 March 31, 2017
 Memorial Day  May 29, 2017
   


WHAT_ARE_DEVELOPER_FEES? Card IconWHAT ARE DEVELOPER FEES?Top of Page

Development has a current and/or future impact of generating high school students; we must provide adequate facilities to serve those students. The Mitigation Fee Act of 1986 (Govt. Code 66000 et seq.), updated by the Leroy F. Green School Facilities Act of 1998 (Ed. Code 17620), permits school districts to charge developers a fee for new construction and reconstruction on residential, commercial and industrial projects. These fees are commonly referred to as developer fees.  We use developer fee revenues to ensure that we have adequate facilities to accommodate high school students within our District boundaries.
 
In order to levy a developer fee, the District studied and justified the need for the fee, published a notice of public hearing, held a public hearing, adopted a resolution regarding school facility/developer fees, and notified the City of San Jose and Santa Clara County of the adopted resolution.

WHAT_TRIGGERS_PAYMENT_of_DEVELOPER_FEES? Card IconWHAT TRIGGERS PAYMENT of DEVELOPER FEES?Top of Page

New residential, commercial and industrial construction and/or an addition of covered or enclosed space is subject to the collection of developer fees.  This fee is determined by the square footage of assessable space, which is measured from the perimeter of the structure.

In order to obtain a building permit from City of San Jose, a Certificate of Payment or Non-Application of Fee Pursuant to AB2926 must be obtained from the City’s Department of Planning, Building and Code Enforcement, brought to us by the developer and executed by the District.  Similarly, to obtain a building permit from County of Santa Clara, a Development Impact Fee Compliance form must be obtained from the County Development Services Office Building Inspection Division, brought to us by the developer and executed by the District.

The executed Certificate demonstrates that developer fees assessed to your project have been paid.

FEE_CALCULATION_and_EFFECTIVE_RATES Card IconFEE CALCULATION and EFFECTIVE RATESTop of Page

Statutory developer fees are levied upon residential new construction and/or additions over 500 square feet and to all commercial development and redevelopment projects. In the case of total and/or partial replacement residential structures and/or additions, the fees are applicable to the total resulting increase in assessable space.
  • In the case of commercial or industrial construction, fees are calculated based on “chargeable covered and enclosed space”.  Pursuant to Govt. Code Section 65995(b)(2), chargeable covered and enclosed space means the covered and 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, unenclosed walkway, or utility or disposal area. The 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.
Exemptions from fees are provided for by Government Code 65995(d) on facilities used exclusively for religious purposes that are thereby exempt from property taxation under the laws of the State, any facility used exclusively as a private full-time day school  as described in Section 48222, or any facility that is owned and occupied by one or more agencies of federal, state, or local government.  
 
Fees per Sq. Ft.
(effective Aug. 19, 2014) 
Residential  $1.12
Commercial/Industrial $0.18

Disclaimer: Fees are subject to change pursuant to Board Resolution.

COLLECTION_and_CERTIFICATION_PROCESS Card IconCOLLECTION and CERTIFICATION PROCESSTop of Page

  • Click on the Developer Fee link and complete the form.  Once all applicable fields are complete, submit the form.
    You will receive a confirming email.
  • Bring the City’s Certificate of Payment or Non-Application of Fee Pursuant to AB2926 form or the County’s Development Impact Fee Compliance form to us during our collection hours (see above). We are in the “Facilities” bungalow near
    the east end of the parking lot at the Education Center, 830 North Capitol Avenue in San Jose.   Directions
  • Pay the assessed fee. We will accept the following forms of payment:
    • cashiers check
    • business check
    • personal check
    • money orders
    • U.S. currency, in denominations of $100 or less.
      Check or money orders may be made payable to "ESUHSD". Returned checks are assessed a $25 processing fee.
  •  Return to the City or County with your executed Certificate

PROTEST_IMPOSITION_of_DEVELOPER_FEES Card IconPROTEST IMPOSITION of DEVELOPER FEESTop of Page

At the time of the imposition of the fee, each project applicant shall receive written notice that the 90-day period in which the applicant may initiate a protest has begun. The developer may file an action to attack, review, set aside, void or annul the imposition of the fees imposed on the development project within 180 days of delivery of the notice. (Government Code 66020)
 
Developers of residential, commercial and industrial projects who claim that the developer fee has been inappropriately levied shall use the following procedures:  (Government Code 66020)

1.   The developer shall tender any required payment in full or provide satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition.

2.   The developer shall serve written notice to the Board.  This notice shall include: 

a.  A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest.

b. A statement informing the Board of the factual elements of the dispute and the legal theory forming the basis for the protest.

3. The protest shall be filed at the time of approval or conditional approval of the development or within 90 days after the date of the imposition of the fees.

4. The protest shall be delivered to the attention of the Facilities Director at facilities@esuhsd.org, or East Side Union High School District - Facilities Department, 830 North Capitol Avenue, San Jose, California 95133.
 
If your development is cancelled, you are eligible for a refund of paid fees. If you require a refund, please follow the 
same protest process.
 
 
For more information about developer fees, please contact facilities@esuhsd.org or (408) 347-5100.