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Business Department » Developer Fees / School Impact Fees

Developer Fees / School Impact Fees

 

Welcome to the Oak Grove School District’s Developer Fees web page. This web page aims to provide you with information for the public about the Developer Fees, also known as School Impact Fees, and the fee collection services at the District Office.

When you apply for a building permit, the City of San Jose or the County of Santa Clara, depending where applicable, will verify the square footage of your proposed project and issue a School District Referral Form or a Development Impact Fee Compliance form. Proof of payment to any impacted school district is required before the City or the County will issue your building permit. To verify if the address of your development project is within the District School Attendance areas, click here.

Collection Service Hours

Collection hours are Monday through Friday, between 9:00 a.m. to 3:00 p.m., with the exception of holidays. We are also closed on Fridays in June and July during our Summer Compressed Schedule. Collection of fees is processed at the District Office, 6578 Santa Teresa Boulevard, San Jose, CA, 95119. For your convenience, we encourage you to make an appointment with our staff in the Business Services Division as far in advance as possible. Please call (408) 227-8300, ext. 100206 or ext. 100217. We recognize the importance of your time and make every effort to accommodate your available time. Please note that the District is closed to observe the following holidays:

  •    Independence Day (July 5)

  •    Labor Day (September 6)

  •    Veterans Day (November 11)

  •    Thanksgiving Holiday Break (November 22 – 26)

  •    Winter Break (December 20 – 31)

  •    Martin Luther King, Jr. (January 17)

  •    Presidents’ Day (February 21 – 22)

  •    Spring Break (April 18)

  •    Memorial Day (May 30)
 

 What Are Developer Fees/School Impact Fees?

Construction development has a current and/or future impact of generating students to local school districts that must provide adequate facilities to serve these students. Government Code Section 65995 and California Education Code Section 17620 allow the impacted school districts to levy fees on new construction and reconstruction of residential, commercial and industrial projects within those districts’ boundaries. These fees are commonly referred to as developer fees or school impact fees. Impacted school districts use developer fee revenues to mitigate the impact created by the development, accommodating student growth within their boundary.

Fee Structure and Payment

Fee Structure

There are three (3) levels that may be levied for developer fees. The Oak Grove School District charges the Level I fees, the lowest.

District Adopted Fee Rates – Effective 6/26/2013:

                                                                                        Fee per

                                                                                  Square Foot of

                                                                              Assessable Space

  •   Residential                                            $2.13
  •   Commercial/Industrial                   $0.34

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

Payment and District Certification

We accepts these forms of payment: cashier’s check, business check, personal check, and/or money orders. We do not accept cash or credit cards. At the time of payment, please bring with you the following:

  1. The plans for the project approved by the City of San Jose or the County of Santa Clara, whichever is applicable  along with School District Referral Form or a Development Impact Fee Compliance form

  2.  A check for the mitigation amounts made payable to the Oak Grove School District.

  3. Upon the receipt of your payment, the District will execute the School District Referral Form (or a Development Impact Fee Compliance form). The executed certificate indicates that developer fees for your project has been  paid to the District

Note:  a returned check is assessed at $25 processing fee.

Exemptions from Fees

Exemptions are defined by Education Code Sections 17620 and 17626 and by Government Code Section 65995. If your development project is exempt, you still need the District to sign off your School District Referral Form or Development Impact Fee Compliance form. Exemptions apply to the following:

  • A residential addition of 500 square feet or less (Education Code Section 17620)
  • Modification or expansion of existing residences to increase access for severely and permanently disable person (Education Code Section 17620)
  • Reconstruction after certain natural disasters (Education Code Section 17626). If you are replacing a structure destroyed by a disaster, you may be exempt from fees.
  • Other exemptions pursuant to Government Code Section 65995 includes:
+   Facilities used exclusively for religious purposes
+   Facilities used exclusively as private full-time day school (K-12)
+   Facilities owned and occupied by any federal, state or local governmental agency

Fees Refund

If your development is cancelled, you are eligible for a refund of paid fees. To request a refund, you need to provide to the District the satisfactory evidence of payment of fee.

Protest against the Imposition of fees

You have ninety (90) days from the date of payment of the fees to file a protest against the imposition of these fees pursuant to Government Code Section 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 Section 66020(a))

  1. 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.  Serve written notice to the Oak Grove School District providing that,
     +   the required payment has been tendered
     +  the notice must inform the District of the factual elements of the dispute and the legal theory forming the basis for the protest  (Government Code Section 66020(a))

  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 Superintendent at the District Office, at Oak Grove School   District, 6578 Santa Teresa, San Jose, California 95119
For more information about Developer Fees or School Impact Fees, please contact Mariane Pham in the Office of the Assistant Superintendent of Business Services Division via email at mpham@ogsd.net or call (408) 227-8300, extension 100206.