Opinion No. (1998)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE H. PETER KLEIN, COUNTY COUNSEL, COUNTY OF MENDOCINO, has requested an opinion on the following question: Is a residential project built and owned by a county community development commission to be used as low-income rental units exempt from a school district's levy of school impact fees? CONCLUSION A residential project built and owned by a county community development commission to be used as low-income rental units is exempt from a school district's levy of school impact fees. ANALYSIS A school district is authorized to levy fees, called "school impact fees," on development projects constructed in its territory as set forth in Education Code section 17620 1 The fees are used to pay for school facilities made necessary by students moving into the district because of the new developments. Section 17620 provides: "(a)(1) The governing board of any school district is authorized to levy a fee, charge, dedication, or other requirement against any development project within the boundaries of the district, for the purpose of funding the construction or reconstruction of school facilities, subject…