17620. (a) (1) The governing board of any school district is
authorized to levy a fee, charge, dedication, or other requirement
against any construction within the boundaries of the district, for
the purpose of funding the construction or reconstruction of school
facilities, subject to any limitations set forth in Chapter 4.9
(commencing with Section 65995) of Division 1 of Title 7 of the
Government Code. This fee, charge, dedication, or other requirement
may be applied to construction only as follows:
(A) To new commercial and industrial construction. The chargeable
covered and enclosed space of commercial or industrial construction
shall not be deemed to include the square footage of any structure
existing on the site of that construction as of the date the first
building permit is issued for any portion of that construction.
(B) To new residential construction.
(C) (i) Except as otherwise provided in clause (ii), to other
residential construction, only if the resulting increase in
assessable space exceeds 500 square feet. The calculation of the
"resulting increase in assessable space" for this purpose shall
reflect any decrease in assessable space in the same residential
structure that also results from that construction. Where authorized
under this paragraph, the fee, charge, dedication, or other
requirement is applicable to the total resulting increase in
assessable space.
(ii) This subparagraph does not authorize the imposition of a
levy, charge, dedication, or other requirement against residential
construction, regardless of the resulting increase in assessable
space, if that construction qualifies for the exclusion set forth in
subdivision (a) of Section 74.3 of the Revenue and Taxation Code.
(D) To location, installation, or occupancy of manufactured homes
and mobilehomes, as defined in Section 17625.
(2) For purposes of this section, "construction" and "assessable
space" have the same meanings as defined in Section 65995 of the
Government Code.
(3) For purposes of this section and Section 65995 of the
Government Code, "construction or reconstruction of school facilities"
does not include any item of expenditure for any of the following:
(A) The regular maintenance or routine repair of school buildings
and facilities.
(B) The inspection, sampling, analysis, encapsulation, or removal
of asbestos-containing materials, except where incidental to school
facilities construction or reconstruction for which the expenditure
of fees or other consideration collected pursuant to this section is
not prohibited.
(C) The purposes of deferred maintenance described in Section
17582.
(4) The appropriate city or county may be authorized, pursuant to
contractual agreement with the governing board, to collect and
otherwise administer, on behalf of the school district, any fee,
charge, dedication, or other requirement levied under this
subdivision. In the event of any agreement authorizing a city or
county to collect that fee, charge, dedication, or other requirement
in any area within the school district, the certification requirement
set forth in subdivision (b) or (c), as appropriate, is deemed to be
complied with as to any residential construction within that area
upon receipt by that city or county of payment of the fee, charge,
dedication, or other requirement imposed on that residential
construction.
(5) Fees or other consideration collected pursuant to this section
may be expended by a school district for the costs of performing any
study or otherwise making the findings and determinations required
under subdivisions (a), (b), and (d) of Section 66001 of the
Government Code, or in preparing the school facilities needs analysis
described in Section 65995.6 of the Government Code. In addition, an
amount not to exceed, in any fiscal year, 3 percent of the fees
collected in that fiscal year pursuant to this section may be
retained by the school district, city, or county, as appropriate, for
reimbursement of the administrative costs incurred by that entity in
collecting the fees. When any city or county is entitled, under an
agreement as described in paragraph (4), to compensation in excess of
that amount, the payment of that excess compensation shall be made
from other revenue sources available to the school district. For
purposes of this paragraph, "fees collected in that fiscal year
pursuant to this section" does not include any amount in addition to
the amounts specified in paragraphs (1) and (2) of subdivision (b) of
Section 65995 of the Government Code.
(b) A city or county, whether general law or chartered, or the
Office of Statewide Health Planning and Development shall not issue a
building permit for any construction absent certification by the
appropriate school district that any fee, charge, dedication, or
other requirement levied by the governing board of that school
district has been complied with, or of the district's determination
that the fee, charge, dedication, or other requirement does not apply
to the construction. The school district shall issue the
certification immediately upon compliance with the fee, charge,
dedication, or other requirement.
(c) If, pursuant to subdivision (c) of Section 17621, the
governing board specifies that the fee, charge, dedication, or other
requirement levied under subdivision (a) is subject to the
restriction set forth in subdivision (a) of Section 66007 of the
Government Code, the restriction set forth in subdivision (b) of this
section does not apply. In that event, however, a city or county,
whether general law or chartered, shall not conduct a final
inspection or issue a certificate of occupancy, whichever is later,
for any residential construction absent certification by the
appropriate school district of compliance by that residential
construction with any fee, charge, dedication, or other requirement
levied by the governing board of that school district pursuant to
subdivision (a).
(d) Neither subdivision (b) nor (c) shall apply to a city, county,
or the Office of Statewide Health Planning and Development as to any
fee, charge, dedication, or other requirement as described in
subdivision (a), or as to any increase in that fee, charge,
dedication, or other requirement, except upon the receipt by that
city, county, or the Office of Statewide Health Planning and
Development of notification of the adoption of, or increase in, the
fee or other requirement in accordance with subdivision (c) of
Section 17621.
17621. (a) Any resolution adopting or increasing a fee, charge,
dedication, or other requirement pursuant to Section 17620, for
application to residential, commercial, or industrial development,
shall be enacted in accordance with Chapter 5 (commencing with
Section 66000) of Division 1 of Title 7 of the Government Code. The
adoption, increase, or imposition of any fee, charge, dedication, or
other requirement pursuant to Section 17620 shall not be subject to
the California Environmental Quality Act, Division 13 (commencing
with Section 21000) of the Public Resources Code. The adoption of, or
increase in, the fee, charge, dedication, or other requirement shall
be effective no sooner than 60 days following the final action on
that adoption or increase, except as specified in subdivision (b).
(b) Without following the procedure otherwise required for
adopting or increasing a fee, charge, dedication, or other
requirement, the governing board of a school district may adopt an
urgency measure as an interim authorization for a fee, charge,
dedication, or other requirement, or increase in a fee, charge,
dedication, or other requirement, where necessary to respond to a
current and immediate threat to the public health, welfare, or
safety. The interim authorization shall require a four-fifths vote of
the governing board for adoption, and shall contain findings
describing the current and immediate threat to the public health,
welfare, or safety. The interim authorization shall have no force or
effect on and after a date 30 days after its adoption. After notice
and hearing in accordance with subdivision (a), the governing board,
upon a four-fifths vote of the board, may extend the interim
authority for an additional 30 days. Not more than two extensions may
be granted.
(c) Upon adopting or increasing a fee, charge, dedication, or
other requirement pursuant to subdivision (a) or (b), the school
district shall transmit a copy of the resolution to each city and
each county in which the district is situated, accompanied by all
relevant supporting documentation and a map clearly indicating the
boundaries of the area subject to the fee, charge, dedication, or
other requirement. The school district governing board shall specify,
pursuant to that notification, whether or not the collection of the
fee or other charge is subject to the restriction set forth in
subdivision (a) of Section 66007 of the Government Code.
(d) Any party on whom a fee, charge, dedication, or other
requirement has been directly imposed pursuant to Section 17620 may
protest the establishment or imposition of that fee, charge,
dedication, or other requirement in accordance with Section 66020 of
the Government Code, except that the procedures set forth in Section
66021 of the Government Code are deemed to apply, for this purpose,
to commercial and industrial development, as well as to residential
development.
(e) In the case of any commercial or industrial development, the
following procedures shall also apply:
(1) The school district governing board shall, in the course of
making the findings required under subdivisions (a) and (b) of
Section 66001 of the Government Code, do all of the following:
(A) Make the findings on either an individual project basis or on
the basis of categories of commercial or industrial development.
Those categories may include, but are not limited to, the following
uses: office, retail, transportation, communications and utilities,
light industrial, heavy industrial, research and development, and
warehouse.
(B) Conduct a study to determine the impact of the increased
number of employees anticipated to result from the commercial or
industrial development upon the cost of providing school facilities
within the district. For the purpose of making that determination,
the study shall utilize employee generation estimates that are
calculated on either an individual project or categorical basis, in
accordance with subparagraph (A). Those employee generation estimates
shall be based upon commercial and industrial factors within the
district or upon, in whole or in part, the applicable employee
generation estimates set forth in the January 1990 edition of "San
Diego Traffic Generators," a report of the San Diego Association of
Governments.
(C) The governing board shall take into account the results of
that study in making the findings described in this subdivision.
(2) In addition to any other requirement imposed by law, in the
case of any development project against which a fee, charge,
dedication, or other requirement is to be imposed pursuant to Section
53080 on the basis of a category of commercial or industrial
development, as described in paragraph (1), the governing board shall
provide a process that permits the party against whom the fee,
charge, dedication, or other requirement is to be imposed the
opportunity for a hearing to appeal that imposition. The grounds for
that appeal include, but are not limited to, the inaccuracy of
including the project within the category pursuant to which the fee,
charge, dedication, or other requirement is to be imposed, or that
the employee generation or pupil generation factors utilized under
the applicable category are inaccurate as applied to the project. The
party appealing the imposition of the fee, charge, dedication, or
other requirement shall bear the burden of establishing that the fee,
charge, dedication, or other requirement is improper.
17622. (a) No fee, charge, dedication, or other requirement may be
levied by any school district pursuant to Section 17620 upon any
greenhouse or other space that is covered or enclosed for
agricultural purposes, unless and until the district first complies
with subdivisions (b) and (c).
(b) The school district governing board shall make a finding,
supported by substantial evidence, of both of the following:
(1) The amount of the proposed fees or other requirements and the
location of the land, if any, to be dedicated, bear a reasonable
relationship and are limited to the needs of the community for
elementary or high school facilities caused by the development.
(2) The amount of the proposed fees or other requirements does not
exceed the estimated reasonable cost of providing for the
construction or reconstruction of the school facilities necessitated
by the development projects from which the fees or other requirements
are to be collected.
(c) In determining the amount of the fees or other requirements,
if any, to be levied on the development of any structure as described
in subdivision (a), the school district governing board shall
consider the relationship between the proposed increase in the number
of employees, if any, the size and specific use of the structure,
and the cost of the construction. No fee, charge, dedication, or
other form of requirement, as authorized under Section 17620, shall
be applied to the development of any structure described in
subdivision (a) where the governing board finds either that the
number of employees is not increased as a result of that development,
or that housing has been provided for those employees, to the extent
of any increase, by their employer, against which housing a fee,
charge, or dedication, or other form of requirement has been applied
under Section 17620. In developing the finding described in this
section, the governing board shall consult with the county
agricultural commissioner or the county director of the cooperative
extension service.
17623. In the event the fee authorized pursuant to Section 17620 is
levied by two nonunified school districts having common territorial
jurisdiction, in a total amount that exceeds the maximum fee
authorized under Section 65995 of the Government Code, the fee
revenue for the area of common jurisdiction shall be distributed in
the following manner:
(a) The governing boards of the affected school districts shall
enter into an agreement specifying the allocation of fee revenue and
the duration of the agreement. A copy of that agreement shall be
transmitted by each district to the State Allocation Board.
(b) In the event the affected school districts are unable to reach
an agreement pursuant to subdivision (a), the districts shall
jointly submit the dispute to a three-member arbitration panel
composed of one representative chosen by each of the districts and
one representative chosen jointly by both of the districts. The
decision of the arbitration panel shall be final and binding upon
both districts for a period of three years.
17624. (a) Any school district that has imposed or, subsequent to
the operative date of this section, imposes, any fee, charge,
dedication, or other requirement under Section 17620 against any
development project that subsequently meets the description set forth
in subdivision (b), shall repay or reconvey, as appropriate, that
fee, charge, dedication, or other requirement to the person or
persons from whom that fee, charge, dedication, or other requirement
was collected, less the amount of the administrative costs incurred
in collecting and repaying the fee, charge, dedication, or other
requirement.
(b) This section applies to any development project for which the
building permit, including any extensions, expires on or after
January 1, 1990, without the commencement of construction, as defined
in subdivision (c) of Section 65995 of the Government Code.
17624.5. Any action brought in the superior court relating to this
chapter may be subject to a mediation proceeding conducted pursuant
to Chapter 9.3 (commencing with Section 66030) of Division 1 of Title
7 of the Government Code.
17625. (a) Notwithstanding any other law, any fee, charge,
dedication, or other form of requirement levied by the governing
board of a school district under Section 17620 may apply, as to any
manufactured home or mobilehome, only pursuant to compliance with all
of the following conditions:
(1) The fee, charge, dedication, or other form of requirement is
applied to the initial location, installation, or occupancy of the
manufactured home or mobilehome within the school district.
(2) The manufactured home or mobilehome is to be located,
installed, or occupied on a space or site on which no other
manufactured home or mobilehome was previously located, installed, or
occupied.
(3) The manufactured home or mobilehome is to be located,
installed, or occupied on a space in a mobilehome park, or on any
site or in any development outside a mobilehome park, on which the
construction of the pad or foundation system commenced after
September 1, 1986.
(b) Compliance on the part of any manufactured home or mobilehome
with any fee, charge, dedication, or other form of requirement, as
described in subdivision (a), or certification by the appropriate
school district of that compliance, shall be required as a condition
of the following, as applicable:
(1) The close of escrow, if the manufactured home or mobilehome is
to be located, installed, or occupied on a mobilehome park space, or
on any site or in any development outside a mobilehome park, as
described in subdivision (a), and the sale or transfer of the
manufactured home or mobilehome is subject to escrow as provided in
Section 18035 or 18035.2 of the Health and Safety Code.
(2) The approval of the manufactured home or mobilehome for
occupancy pursuant to Section 18551 or 18613 of the Health and Safety
Code, in the event that paragraph (1) does not apply.
(c) A fee or other requirement levied under Section 17620 shall
not be applied to any of the following:
(1) Any manufactured home or mobilehome located, installed, or
occupied on a space in a mobilehome park on or before September 1,
1986, or on any date thereafter, if construction on that space,
pursuant to a building permit, commenced on or before September 1,
1986.
(2) Any manufactured home or mobilehome located, installed, or
occupied on any site outside of a mobilehome park on or before
September 1, 1986, or on any date thereafter if construction on that
site pursuant to a building permit commenced on or before September
1, 1986.
(3) The replacement of, or addition to, a manufactured home or
mobilehome located, installed, or occupied on a space in a mobilehome
park, subsequent to the original location, installation, or
occupancy of any manufactured home or mobilehome on that space.
(4) The replacement of a manufactured home or mobilehome that was
destroyed or damaged by fire or any form of natural disaster.
(5) A manufactured home or mobilehome accessory structure, as
defined in Section 18008.5 or 18213 of the Health and Safety Code.
(6) The conversion of a rental mobilehome park to a subdivision,
cooperative, or condominium for mobilehomes, or its conversion to any
other form of resident ownership of the park, as described in
Section 50561 of the Health and Safety Code.
(d) If any fee or other requirement levied under Section 17620 is
required as to any manufactured home or mobilehome that is
subsequently replaced by a permanent residential structure
constructed on the same lot, the amount of that fee or other
requirement shall apply toward the payment of any fee or other
requirement under Section 17620 applied to that permanent residential
structure.
(e) Notwithstanding any other provision of law, any school
district that, on or after January 1, 1987, collected any fee,
charge, dedication, or other form of requirement from any
manufactured home, mobilehome, mobilehome park, or other development,
shall immediately repay the fee, charge, dedication, or other form
of requirement to the person or persons who made the payment to the
extent the fee, charge, dedication, or other form of requirement
collected would not have been authorized under subdivision (a). This
subdivision shall not apply, however, to the extent that, pursuant to
Section 16 of Article I of the California Constitution, it would
impair the obligation of any contract entered into by any school
district, on or before January 1, 1998.
(f) For purposes of this section, "manufactured home,"
"mobilehome," and "mobilehome park" have the meanings set forth in
Sections 18007, 18008, and 18214, respectively, of the Health and
Safety Code.
(g) (1) Whenever a manufactured home or a mobilehome owned by a
person 55 years of age or older who is also a member of a lower
income household as defined by Section 50079.5 of the Health and
Safety Code, and which has been moved from a mobilehome park space
located in one school district, where the mobilehome owner has
resided, to a space or lot located in a mobilehome park or a
subdivision, cooperative, or condominium for mobilehomes or
manufactured homes located in another school district, is subject to
any fee or other requirement under Section 17620, this section, and
Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7
of the Government Code, the district in which the manufactured home
or mobilehome has been newly located may waive the fee or other
requirement under Section 53080, this section, and Chapter 4.9
(commencing with Section 65995) of Division 1 of Title 7 of the
Government Code, or otherwise shall be required to grant the
homeowner the necessary approval for occupancy of the home, and
permission to pay the amount of the fee or other requirement
thereafter, in installments, over a period totaling no less than 36
months. A school district may require that the installments be paid
monthly, quarterly, or every six months during the 36-month period,
and that the fee be secured as a lien perfected against the
mobilehome or manufactured home pursuant to Section 18080.7 of the
Health and Safety Code.
(2) Costs of filing the lien and reasonable late charges or
interest may be added to the amount of the lien. This subdivision
does not apply if a school facilities fee, charge, or other
requirement is imposed pursuant to Section 65995.2 of the Government
Code.
17626. (a) A fee, charge, dedication, or other requirement
authorized under Section 17620, whether or not allowable under
Chapter 6 (commencing with Section 66010) of Division 1 of Title 7 of
the Government Code, may not be applied to the reconstruction of any
residential, commercial, or industrial structure that is damaged or
destroyed as a result of a disaster, except to the extent the square
footage of the reconstructed structure exceeds the square footage of
the structure that was damaged or destroyed. That square footage
comparison shall be made, in the case of a commercial or industrial
structure, on the basis of chargeable covered and enclosed space, as
defined in Section 65995 of the Government Code, or, in the case of a
residential structure, on the basis of assessable space, as defined
in Section 65995 of the Government Code.
(b) The following definitions apply for the purposes of this
section:
(1) "Disaster" means a fire, earthquake, landslide, mudslide,
flood, tidal wave, or other unforeseen event that produces material
damage or loss.
(2) "Reconstruction" means the construction of property that
replaces, and is equivalent in kind to, the damaged or destroyed
property.
17620. (a) (1) The governing board of any school district is
authorized to levy a fee, charge, dedication, or other requirement
against any construction within the boundaries of the district, for
the purpose of funding the construction or reconstruction of school
facilities, subject to any limitations set forth in Chapter 4.9
(commencing with Section 65995) of Division 1 of Title 7 of the
Government Code. This fee, charge, dedication, or other requirement
may be applied to construction only as follows:
(A) To new commercial and industrial construction. The chargeable
covered and enclosed space of commercial or industrial construction
shall not be deemed to include the square footage of any structure
existing on the site of that construction as of the date the first
building permit is issued for any portion of that construction.
(B) To new residential construction.
(C) (i) Except as otherwise provided in clause (ii), to other
residential construction, only if the resulting increase in
assessable space exceeds 500 square feet. The calculation of the
"resulting increase in assessable space" for this purpose shall
reflect any decrease in assessable space in the same residential
structure that also results from that construction. Where authorized
under this paragraph, the fee, charge, dedication, or other
requirement is applicable to the total resulting increase in
assessable space.
(ii) This subparagraph does not authorize the imposition of a
levy, charge, dedication, or other requirement against residential
construction, regardless of the resulting increase in assessable
space, if that construction qualifies for the exclusion set forth in
subdivision (a) of Section 74.3 of the Revenue and Taxation Code.
(D) To location, installation, or occupancy of manufactured homes
and mobilehomes, as defined in Section 17625.
(2) For purposes of this section, "construction" and "assessable
space" have the same meanings as defined in Section 65995 of the
Government Code.
(3) For purposes of this section and Section 65995 of the
Government Code, "construction or reconstruction of school facilities"
does not include any item of expenditure for any of the following:
(A) The regular maintenance or routine repair of school buildings
and facilities.
(B) The inspection, sampling, analysis, encapsulation, or removal
of asbestos-containing materials, except where incidental to school
facilities construction or reconstruction for which the expenditure
of fees or other consideration collected pursuant to this section is
not prohibited.
(C) The purposes of deferred maintenance described in Section
17582.
(4) The appropriate city or county may be authorized, pursuant to
contractual agreement with the governing board, to collect and
otherwise administer, on behalf of the school district, any fee,
charge, dedication, or other requirement levied under this
subdivision. In the event of any agreement authorizing a city or
county to collect that fee, charge, dedication, or other requirement
in any area within the school district, the certification requirement
set forth in subdivision (b) or (c), as appropriate, is deemed to be
complied with as to any residential construction within that area
upon receipt by that city or county of payment of the fee, charge,
dedication, or other requirement imposed on that residential
construction.
(5) Fees or other consideration collected pursuant to this section
may be expended by a school district for the costs of performing any
study or otherwise making the findings and determinations required
under subdivisions (a), (b), and (d) of Section 66001 of the
Government Code, or in preparing the school facilities needs analysis
described in Section 65995.6 of the Government Code. In addition, an
amount not to exceed, in any fiscal year, 3 percent of the fees
collected in that fiscal year pursuant to this section may be
retained by the school district, city, or county, as appropriate, for
reimbursement of the administrative costs incurred by that entity in
collecting the fees. When any city or county is entitled, under an
agreement as described in paragraph (4), to compensation in excess of
that amount, the payment of that excess compensation shall be made
from other revenue sources available to the school district. For
purposes of this paragraph, "fees collected in that fiscal year
pursuant to this section" does not include any amount in addition to
the amounts specified in paragraphs (1) and (2) of subdivision (b) of
Section 65995 of the Government Code.
(b) A city or county, whether general law or chartered, or the
Office of Statewide Health Planning and Development shall not issue a
building permit for any construction absent certification by the
appropriate school district that any fee, charge, dedication, or
other requirement levied by the governing board of that school
district has been complied with, or of the district's determination
that the fee, charge, dedication, or other requirement does not apply
to the construction. The school district shall issue the
certification immediately upon compliance with the fee, charge,
dedication, or other requirement.
(c) If, pursuant to subdivision (c) of Section 17621, the
governing board specifies that the fee, charge, dedication, or other
requirement levied under subdivision (a) is subject to the
restriction set forth in subdivision (a) of Section 66007 of the
Government Code, the restriction set forth in subdivision (b) of this
section does not apply. In that event, however, a city or county,
whether general law or chartered, shall not conduct a final
inspection or issue a certificate of occupancy, whichever is later,
for any residential construction absent certification by the
appropriate school district of compliance by that residential
construction with any fee, charge, dedication, or other requirement
levied by the governing board of that school district pursuant to
subdivision (a).
(d) Neither subdivision (b) nor (c) shall apply to a city, county,
or the Office of Statewide Health Planning and Development as to any
fee, charge, dedication, or other requirement as described in
subdivision (a), or as to any increase in that fee, charge,
dedication, or other requirement, except upon the receipt by that
city, county, or the Office of Statewide Health Planning and
Development of notification of the adoption of, or increase in, the
fee or other requirement in accordance with subdivision (c) of
Section 17621.
17621. (a) Any resolution adopting or increasing a fee, charge,
dedication, or other requirement pursuant to Section 17620, for
application to residential, commercial, or industrial development,
shall be enacted in accordance with Chapter 5 (commencing with
Section 66000) of Division 1 of Title 7 of the Government Code. The
adoption, increase, or imposition of any fee, charge, dedication, or
other requirement pursuant to Section 17620 shall not be subject to
the California Environmental Quality Act, Division 13 (commencing
with Section 21000) of the Public Resources Code. The adoption of, or
increase in, the fee, charge, dedication, or other requirement shall
be effective no sooner than 60 days following the final action on
that adoption or increase, except as specified in subdivision (b).
(b) Without following the procedure otherwise required for
adopting or increasing a fee, charge, dedication, or other
requirement, the governing board of a school district may adopt an
urgency measure as an interim authorization for a fee, charge,
dedication, or other requirement, or increase in a fee, charge,
dedication, or other requirement, where necessary to respond to a
current and immediate threat to the public health, welfare, or
safety. The interim authorization shall require a four-fifths vote of
the governing board for adoption, and shall contain findings
describing the current and immediate threat to the public health,
welfare, or safety. The interim authorization shall have no force or
effect on and after a date 30 days after its adoption. After notice
and hearing in accordance with subdivision (a), the governing board,
upon a four-fifths vote of the board, may extend the interim
authority for an additional 30 days. Not more than two extensions may
be granted.
(c) Upon adopting or increasing a fee, charge, dedication, or
other requirement pursuant to subdivision (a) or (b), the school
district shall transmit a copy of the resolution to each city and
each county in which the district is situated, accompanied by all
relevant supporting documentation and a map clearly indicating the
boundaries of the area subject to the fee, charge, dedication, or
other requirement. The school district governing board shall specify,
pursuant to that notification, whether or not the collection of the
fee or other charge is subject to the restriction set forth in
subdivision (a) of Section 66007 of the Government Code.
(d) Any party on whom a fee, charge, dedication, or other
requirement has been directly imposed pursuant to Section 17620 may
protest the establishment or imposition of that fee, charge,
dedication, or other requirement in accordance with Section 66020 of
the Government Code, except that the procedures set forth in Section
66021 of the Government Code are deemed to apply, for this purpose,
to commercial and industrial development, as well as to residential
development.
(e) In the case of any commercial or industrial development, the
following procedures shall also apply:
(1) The school district governing board shall, in the course of
making the findings required under subdivisions (a) and (b) of
Section 66001 of the Government Code, do all of the following:
(A) Make the findings on either an individual project basis or on
the basis of categories of commercial or industrial development.
Those categories may include, but are not limited to, the following
uses: office, retail, transportation, communications and utilities,
light industrial, heavy industrial, research and development, and
warehouse.
(B) Conduct a study to determine the impact of the increased
number of employees anticipated to result from the commercial or
industrial development upon the cost of providing school facilities
within the district. For the purpose of making that determination,
the study shall utilize employee generation estimates that are
calculated on either an individual project or categorical basis, in
accordance with subparagraph (A). Those employee generation estimates
shall be based upon commercial and industrial factors within the
district or upon, in whole or in part, the applicable employee
generation estimates set forth in the January 1990 edition of "San
Diego Traffic Generators," a report of the San Diego Association of
Governments.
(C) The governing board shall take into account the results of
that study in making the findings described in this subdivision.
(2) In addition to any other requirement imposed by law, in the
case of any development project against which a fee, charge,
dedication, or other requirement is to be imposed pursuant to Section
53080 on the basis of a category of commercial or industrial
development, as described in paragraph (1), the governing board shall
provide a process that permits the party against whom the fee,
charge, dedication, or other requirement is to be imposed the
opportunity for a hearing to appeal that imposition. The grounds for
that appeal include, but are not limited to, the inaccuracy of
including the project within the category pursuant to which the fee,
charge, dedication, or other requirement is to be imposed, or that
the employee generation or pupil generation factors utilized under
the applicable category are inaccurate as applied to the project. The
party appealing the imposition of the fee, charge, dedication, or
other requirement shall bear the burden of establishing that the fee,
charge, dedication, or other requirement is improper.
17622. (a) No fee, charge, dedication, or other requirement may be
levied by any school district pursuant to Section 17620 upon any
greenhouse or other space that is covered or enclosed for
agricultural purposes, unless and until the district first complies
with subdivisions (b) and (c).
(b) The school district governing board shall make a finding,
supported by substantial evidence, of both of the following:
(1) The amount of the proposed fees or other requirements and the
location of the land, if any, to be dedicated, bear a reasonable
relationship and are limited to the needs of the community for
elementary or high school facilities caused by the development.
(2) The amount of the proposed fees or other requirements does not
exceed the estimated reasonable cost of providing for the
construction or reconstruction of the school facilities necessitated
by the development projects from which the fees or other requirements
are to be collected.
(c) In determining the amount of the fees or other requirements,
if any, to be levied on the development of any structure as described
in subdivision (a), the school district governing board shall
consider the relationship between the proposed increase in the number
of employees, if any, the size and specific use of the structure,
and the cost of the construction. No fee, charge, dedication, or
other form of requirement, as authorized under Section 17620, shall
be applied to the development of any structure described in
subdivision (a) where the governing board finds either that the
number of employees is not increased as a result of that development,
or that housing has been provided for those employees, to the extent
of any increase, by their employer, against which housing a fee,
charge, or dedication, or other form of requirement has been applied
under Section 17620. In developing the finding described in this
section, the governing board shall consult with the county
agricultural commissioner or the county director of the cooperative
extension service.
17623. In the event the fee authorized pursuant to Section 17620 is
levied by two nonunified school districts having common territorial
jurisdiction, in a total amount that exceeds the maximum fee
authorized under Section 65995 of the Government Code, the fee
revenue for the area of common jurisdiction shall be distributed in
the following manner:
(a) The governing boards of the affected school districts shall
enter into an agreement specifying the allocation of fee revenue and
the duration of the agreement. A copy of that agreement shall be
transmitted by each district to the State Allocation Board.
(b) In the event the affected school districts are unable to reach
an agreement pursuant to subdivision (a), the districts shall
jointly submit the dispute to a three-member arbitration panel
composed of one representative chosen by each of the districts and
one representative chosen jointly by both of the districts. The
decision of the arbitration panel shall be final and binding upon
both districts for a period of three years.
17624. (a) Any school district that has imposed or, subsequent to
the operative date of this section, imposes, any fee, charge,
dedication, or other requirement under Section 17620 against any
development project that subsequently meets the description set forth
in subdivision (b), shall repay or reconvey, as appropriate, that
fee, charge, dedication, or other requirement to the person or
persons from whom that fee, charge, dedication, or other requirement
was collected, less the amount of the administrative costs incurred
in collecting and repaying the fee, charge, dedication, or other
requirement.
(b) This section applies to any development project for which the
building permit, including any extensions, expires on or after
January 1, 1990, without the commencement of construction, as defined
in subdivision (c) of Section 65995 of the Government Code.
17624.5. Any action brought in the superior court relating to this
chapter may be subject to a mediation proceeding conducted pursuant
to Chapter 9.3 (commencing with Section 66030) of Division 1 of Title
7 of the Government Code.
17625. (a) Notwithstanding any other law, any fee, charge,
dedication, or other form of requirement levied by the governing
board of a school district under Section 17620 may apply, as to any
manufactured home or mobilehome, only pursuant to compliance with all
of the following conditions:
(1) The fee, charge, dedication, or other form of requirement is
applied to the initial location, installation, or occupancy of the
manufactured home or mobilehome within the school district.
(2) The manufactured home or mobilehome is to be located,
installed, or occupied on a space or site on which no other
manufactured home or mobilehome was previously located, installed, or
occupied.
(3) The manufactured home or mobilehome is to be located,
installed, or occupied on a space in a mobilehome park, or on any
site or in any development outside a mobilehome park, on which the
construction of the pad or foundation system commenced after
September 1, 1986.
(b) Compliance on the part of any manufactured home or mobilehome
with any fee, charge, dedication, or other form of requirement, as
described in subdivision (a), or certification by the appropriate
school district of that compliance, shall be required as a condition
of the following, as applicable:
(1) The close of escrow, if the manufactured home or mobilehome is
to be located, installed, or occupied on a mobilehome park space, or
on any site or in any development outside a mobilehome park, as
described in subdivision (a), and the sale or transfer of the
manufactured home or mobilehome is subject to escrow as provided in
Section 18035 or 18035.2 of the Health and Safety Code.
(2) The approval of the manufactured home or mobilehome for
occupancy pursuant to Section 18551 or 18613 of the Health and Safety
Code, in the event that paragraph (1) does not apply.
(c) A fee or other requirement levied under Section 17620 shall
not be applied to any of the following:
(1) Any manufactured home or mobilehome located, installed, or
occupied on a space in a mobilehome park on or before September 1,
1986, or on any date thereafter, if construction on that space,
pursuant to a building permit, commenced on or before September 1,
1986.
(2) Any manufactured home or mobilehome located, installed, or
occupied on any site outside of a mobilehome park on or before
September 1, 1986, or on any date thereafter if construction on that
site pursuant to a building permit commenced on or before September
1, 1986.
(3) The replacement of, or addition to, a manufactured home or
mobilehome located, installed, or occupied on a space in a mobilehome
park, subsequent to the original location, installation, or
occupancy of any manufactured home or mobilehome on that space.
(4) The replacement of a manufactured home or mobilehome that was
destroyed or damaged by fire or any form of natural disaster.
(5) A manufactured home or mobilehome accessory structure, as
defined in Section 18008.5 or 18213 of the Health and Safety Code.
(6) The conversion of a rental mobilehome park to a subdivision,
cooperative, or condominium for mobilehomes, or its conversion to any
other form of resident ownership of the park, as described in
Section 50561 of the Health and Safety Code.
(d) If any fee or other requirement levied under Section 17620 is
required as to any manufactured home or mobilehome that is
subsequently replaced by a permanent residential structure
constructed on the same lot, the amount of that fee or other
requirement shall apply toward the payment of any fee or other
requirement under Section 17620 applied to that permanent residential
structure.
(e) Notwithstanding any other provision of law, any school
district that, on or after January 1, 1987, collected any fee,
charge, dedication, or other form of requirement from any
manufactured home, mobilehome, mobilehome park, or other development,
shall immediately repay the fee, charge, dedication, or other form
of requirement to the person or persons who made the payment to the
extent the fee, charge, dedication, or other form of requirement
collected would not have been authorized under subdivision (a). This
subdivision shall not apply, however, to the extent that, pursuant to
Section 16 of Article I of the California Constitution, it would
impair the obligation of any contract entered into by any school
district, on or before January 1, 1998.
(f) For purposes of this section, "manufactured home,"
"mobilehome," and "mobilehome park" have the meanings set forth in
Sections 18007, 18008, and 18214, respectively, of the Health and
Safety Code.
(g) (1) Whenever a manufactured home or a mobilehome owned by a
person 55 years of age or older who is also a member of a lower
income household as defined by Section 50079.5 of the Health and
Safety Code, and which has been moved from a mobilehome park space
located in one school district, where the mobilehome owner has
resided, to a space or lot located in a mobilehome park or a
subdivision, cooperative, or condominium for mobilehomes or
manufactured homes located in another school district, is subject to
any fee or other requirement under Section 17620, this section, and
Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7
of the Government Code, the district in which the manufactured home
or mobilehome has been newly located may waive the fee or other
requirement under Section 53080, this section, and Chapter 4.9
(commencing with Section 65995) of Division 1 of Title 7 of the
Government Code, or otherwise shall be required to grant the
homeowner the necessary approval for occupancy of the home, and
permission to pay the amount of the fee or other requirement
thereafter, in installments, over a period totaling no less than 36
months. A school district may require that the installments be paid
monthly, quarterly, or every six months during the 36-month period,
and that the fee be secured as a lien perfected against the
mobilehome or manufactured home pursuant to Section 18080.7 of the
Health and Safety Code.
(2) Costs of filing the lien and reasonable late charges or
interest may be added to the amount of the lien. This subdivision
does not apply if a school facilities fee, charge, or other
requirement is imposed pursuant to Section 65995.2 of the Government
Code.
17626. (a) A fee, charge, dedication, or other requirement
authorized under Section 17620, whether or not allowable under
Chapter 6 (commencing with Section 66010) of Division 1 of Title 7 of
the Government Code, may not be applied to the reconstruction of any
residential, commercial, or industrial structure that is damaged or
destroyed as a result of a disaster, except to the extent the square
footage of the reconstructed structure exceeds the square footage of
the structure that was damaged or destroyed. That square footage
comparison shall be made, in the case of a commercial or industrial
structure, on the basis of chargeable covered and enclosed space, as
defined in Section 65995 of the Government Code, or, in the case of a
residential structure, on the basis of assessable space, as defined
in Section 65995 of the Government Code.
(b) The following definitions apply for the purposes of this
section:
(1) "Disaster" means a fire, earthquake, landslide, mudslide,
flood, tidal wave, or other unforeseen event that produces material
damage or loss.
(2) "Reconstruction" means the construction of property that
replaces, and is equivalent in kind to, the damaged or destroyed
property.
17620. (a) (1) The governing board of any school district is
authorized to levy a fee, charge, dedication, or other requirement
against any construction within the boundaries of the district, for
the purpose of funding the construction or reconstruction of school
facilities, subject to any limitations set forth in Chapter 4.9
(commencing with Section 65995) of Division 1 of Title 7 of the
Government Code. This fee, charge, dedication, or other requirement
may be applied to construction only as follows:
(A) To new commercial and industrial construction. The chargeable
covered and enclosed space of commercial or industrial construction
shall not be deemed to include the square footage of any structure
existing on the site of that construction as of the date the first
building permit is issued for any portion of that construction.
(B) To new residential construction.
(C) (i) Except as otherwise provided in clause (ii), to other
residential construction, only if the resulting increase in
assessable space exceeds 500 square feet. The calculation of the
"resulting increase in assessable space" for this purpose shall
reflect any decrease in assessable space in the same residential
structure that also results from that construction. Where authorized
under this paragraph, the fee, charge, dedication, or other
requirement is applicable to the total resulting increase in
assessable space.
(ii) This subparagraph does not authorize the imposition of a
levy, charge, dedication, or other requirement against residential
construction, regardless of the resulting increase in assessable
space, if that construction qualifies for the exclusion set forth in
subdivision (a) of Section 74.3 of the Revenue and Taxation Code.
(D) To location, installation, or occupancy of manufactured homes
and mobilehomes, as defined in Section 17625.
(2) For purposes of this section, "construction" and "assessable
space" have the same meanings as defined in Section 65995 of the
Government Code.
(3) For purposes of this section and Section 65995 of the
Government Code, "construction or reconstruction of school facilities"
does not include any item of expenditure for any of the following:
(A) The regular maintenance or routine repair of school buildings
and facilities.
(B) The inspection, sampling, analysis, encapsulation, or removal
of asbestos-containing materials, except where incidental to school
facilities construction or reconstruction for which the expenditure
of fees or other consideration collected pursuant to this section is
not prohibited.
(C) The purposes of deferred maintenance described in Section
17582.
(4) The appropriate city or county may be authorized, pursuant to
contractual agreement with the governing board, to collect and
otherwise administer, on behalf of the school district, any fee,
charge, dedication, or other requirement levied under this
subdivision. In the event of any agreement authorizing a city or
county to collect that fee, charge, dedication, or other requirement
in any area within the school district, the certification requirement
set forth in subdivision (b) or (c), as appropriate, is deemed to be
complied with as to any residential construction within that area
upon receipt by that city or county of payment of the fee, charge,
dedication, or other requirement imposed on that residential
construction.
(5) Fees or other consideration collected pursuant to this section
may be expended by a school district for the costs of performing any
study or otherwise making the findings and determinations required
under subdivisions (a), (b), and (d) of Section 66001 of the
Government Code, or in preparing the school facilities needs analysis
described in Section 65995.6 of the Government Code. In addition, an
amount not to exceed, in any fiscal year, 3 percent of the fees
collected in that fiscal year pursuant to this section may be
retained by the school district, city, or county, as appropriate, for
reimbursement of the administrative costs incurred by that entity in
collecting the fees. When any city or county is entitled, under an
agreement as described in paragraph (4), to compensation in excess of
that amount, the payment of that excess compensation shall be made
from other revenue sources available to the school district. For
purposes of this paragraph, "fees collected in that fiscal year
pursuant to this section" does not include any amount in addition to
the amounts specified in paragraphs (1) and (2) of subdivision (b) of
Section 65995 of the Government Code.
(b) A city or county, whether general law or chartered, or the
Office of Statewide Health Planning and Development shall not issue a
building permit for any construction absent certification by the
appropriate school district that any fee, charge, dedication, or
other requirement levied by the governing board of that school
district has been complied with, or of the district's determination
that the fee, charge, dedication, or other requirement does not apply
to the construction. The school district shall issue the
certification immediately upon compliance with the fee, charge,
dedication, or other requirement.
(c) If, pursuant to subdivision (c) of Section 17621, the
governing board specifies that the fee, charge, dedication, or other
requirement levied under subdivision (a) is subject to the
restriction set forth in subdivision (a) of Section 66007 of the
Government Code, the restriction set forth in subdivision (b) of this
section does not apply. In that event, however, a city or county,
whether general law or chartered, shall not conduct a final
inspection or issue a certificate of occupancy, whichever is later,
for any residential construction absent certification by the
appropriate school district of compliance by that residential
construction with any fee, charge, dedication, or other requirement
levied by the governing board of that school district pursuant to
subdivision (a).
(d) Neither subdivision (b) nor (c) shall apply to a city, county,
or the Office of Statewide Health Planning and Development as to any
fee, charge, dedication, or other requirement as described in
subdivision (a), or as to any increase in that fee, charge,
dedication, or other requirement, except upon the receipt by that
city, county, or the Office of Statewide Health Planning and
Development of notification of the adoption of, or increase in, the
fee or other requirement in accordance with subdivision (c) of
Section 17621.
17621. (a) Any resolution adopting or increasing a fee, charge,
dedication, or other requirement pursuant to Section 17620, for
application to residential, commercial, or industrial development,
shall be enacted in accordance with Chapter 5 (commencing with
Section 66000) of Division 1 of Title 7 of the Government Code. The
adoption, increase, or imposition of any fee, charge, dedication, or
other requirement pursuant to Section 17620 shall not be subject to
the California Environmental Quality Act, Division 13 (commencing
with Section 21000) of the Public Resources Code. The adoption of, or
increase in, the fee, charge, dedication, or other requirement shall
be effective no sooner than 60 days following the final action on
that adoption or increase, except as specified in subdivision (b).
(b) Without following the procedure otherwise required for
adopting or increasing a fee, charge, dedication, or other
requirement, the governing board of a school district may adopt an
urgency measure as an interim authorization for a fee, charge,
dedication, or other requirement, or increase in a fee, charge,
dedication, or other requirement, where necessary to respond to a
current and immediate threat to the public health, welfare, or
safety. The interim authorization shall require a four-fifths vote of
the governing board for adoption, and shall contain findings
describing the current and immediate threat to the public health,
welfare, or safety. The interim authorization shall have no force or
effect on and after a date 30 days after its adoption. After notice
and hearing in accordance with subdivision (a), the governing board,
upon a four-fifths vote of the board, may extend the interim
authority for an additional 30 days. Not more than two extensions may
be granted.
(c) Upon adopting or increasing a fee, charge, dedication, or
other requirement pursuant to subdivision (a) or (b), the school
district shall transmit a copy of the resolution to each city and
each county in which the district is situated, accompanied by all
relevant supporting documentation and a map clearly indicating the
boundaries of the area subject to the fee, charge, dedication, or
other requirement. The school district governing board shall specify,
pursuant to that notification, whether or not the collection of the
fee or other charge is subject to the restriction set forth in
subdivision (a) of Section 66007 of the Government Code.
(d) Any party on whom a fee, charge, dedication, or other
requirement has been directly imposed pursuant to Section 17620 may
protest the establishment or imposition of that fee, charge,
dedication, or other requirement in accordance with Section 66020 of
the Government Code, except that the procedures set forth in Section
66021 of the Government Code are deemed to apply, for this purpose,
to commercial and industrial development, as well as to residential
development.
(e) In the case of any commercial or industrial development, the
following procedures shall also apply:
(1) The school district governing board shall, in the course of
making the findings required under subdivisions (a) and (b) of
Section 66001 of the Government Code, do all of the following:
(A) Make the findings on either an individual project basis or on
the basis of categories of commercial or industrial development.
Those categories may include, but are not limited to, the following
uses: office, retail, transportation, communications and utilities,
light industrial, heavy industrial, research and development, and
warehouse.
(B) Conduct a study to determine the impact of the increased
number of employees anticipated to result from the commercial or
industrial development upon the cost of providing school facilities
within the district. For the purpose of making that determination,
the study shall utilize employee generation estimates that are
calculated on either an individual project or categorical basis, in
accordance with subparagraph (A). Those employee generation estimates
shall be based upon commercial and industrial factors within the
district or upon, in whole or in part, the applicable employee
generation estimates set forth in the January 1990 edition of "San
Diego Traffic Generators," a report of the San Diego Association of
Governments.
(C) The governing board shall take into account the results of
that study in making the findings described in this subdivision.
(2) In addition to any other requirement imposed by law, in the
case of any development project against which a fee, charge,
dedication, or other requirement is to be imposed pursuant to Section
53080 on the basis of a category of commercial or industrial
development, as described in paragraph (1), the governing board shall
provide a process that permits the party against whom the fee,
charge, dedication, or other requirement is to be imposed the
opportunity for a hearing to appeal that imposition. The grounds for
that appeal include, but are not limited to, the inaccuracy of
including the project within the category pursuant to which the fee,
charge, dedication, or other requirement is to be imposed, or that
the employee generation or pupil generation factors utilized under
the applicable category are inaccurate as applied to the project. The
party appealing the imposition of the fee, charge, dedication, or
other requirement shall bear the burden of establishing that the fee,
charge, dedication, or other requirement is improper.
17622. (a) No fee, charge, dedication, or other requirement may be
levied by any school district pursuant to Section 17620 upon any
greenhouse or other space that is covered or enclosed for
agricultural purposes, unless and until the district first complies
with subdivisions (b) and (c).
(b) The school district governing board shall make a finding,
supported by substantial evidence, of both of the following:
(1) The amount of the proposed fees or other requirements and the
location of the land, if any, to be dedicated, bear a reasonable
relationship and are limited to the needs of the community for
elementary or high school facilities caused by the development.
(2) The amount of the proposed fees or other requirements does not
exceed the estimated reasonable cost of providing for the
construction or reconstruction of the school facilities necessitated
by the development projects from which the fees or other requirements
are to be collected.
(c) In determining the amount of the fees or other requirements,
if any, to be levied on the development of any structure as described
in subdivision (a), the school district governing board shall
consider the relationship between the proposed increase in the number
of employees, if any, the size and specific use of the structure,
and the cost of the construction. No fee, charge, dedication, or
other form of requirement, as authorized under Section 17620, shall
be applied to the development of any structure described in
subdivision (a) where the governing board finds either that the
number of employees is not increased as a result of that development,
or that housing has been provided for those employees, to the extent
of any increase, by their employer, against which housing a fee,
charge, or dedication, or other form of requirement has been applied
under Section 17620. In developing the finding described in this
section, the governing board shall consult with the county
agricultural commissioner or the county director of the cooperative
extension service.
17623. In the event the fee authorized pursuant to Section 17620 is
levied by two nonunified school districts having common territorial
jurisdiction, in a total amount that exceeds the maximum fee
authorized under Section 65995 of the Government Code, the fee
revenue for the area of common jurisdiction shall be distributed in
the following manner:
(a) The governing boards of the affected school districts shall
enter into an agreement specifying the allocation of fee revenue and
the duration of the agreement. A copy of that agreement shall be
transmitted by each district to the State Allocation Board.
(b) In the event the affected school districts are unable to reach
an agreement pursuant to subdivision (a), the districts shall
jointly submit the dispute to a three-member arbitration panel
composed of one representative chosen by each of the districts and
one representative chosen jointly by both of the districts. The
decision of the arbitration panel shall be final and binding upon
both districts for a period of three years.
17624. (a) Any school district that has imposed or, subsequent to
the operative date of this section, imposes, any fee, charge,
dedication, or other requirement under Section 17620 against any
development project that subsequently meets the description set forth
in subdivision (b), shall repay or reconvey, as appropriate, that
fee, charge, dedication, or other requirement to the person or
persons from whom that fee, charge, dedication, or other requirement
was collected, less the amount of the administrative costs incurred
in collecting and repaying the fee, charge, dedication, or other
requirement.
(b) This section applies to any development project for which the
building permit, including any extensions, expires on or after
January 1, 1990, without the commencement of construction, as defined
in subdivision (c) of Section 65995 of the Government Code.
17624.5. Any action brought in the superior court relating to this
chapter may be subject to a mediation proceeding conducted pursuant
to Chapter 9.3 (commencing with Section 66030) of Division 1 of Title
7 of the Government Code.
17625. (a) Notwithstanding any other law, any fee, charge,
dedication, or other form of requirement levied by the governing
board of a school district under Section 17620 may apply, as to any
manufactured home or mobilehome, only pursuant to compliance with all
of the following conditions:
(1) The fee, charge, dedication, or other form of requirement is
applied to the initial location, installation, or occupancy of the
manufactured home or mobilehome within the school district.
(2) The manufactured home or mobilehome is to be located,
installed, or occupied on a space or site on which no other
manufactured home or mobilehome was previously located, installed, or
occupied.
(3) The manufactured home or mobilehome is to be located,
installed, or occupied on a space in a mobilehome park, or on any
site or in any development outside a mobilehome park, on which the
construction of the pad or foundation system commenced after
September 1, 1986.
(b) Compliance on the part of any manufactured home or mobilehome
with any fee, charge, dedication, or other form of requirement, as
described in subdivision (a), or certification by the appropriate
school district of that compliance, shall be required as a condition
of the following, as applicable:
(1) The close of escrow, if the manufactured home or mobilehome is
to be located, installed, or occupied on a mobilehome park space, or
on any site or in any development outside a mobilehome park, as
described in subdivision (a), and the sale or transfer of the
manufactured home or mobilehome is subject to escrow as provided in
Section 18035 or 18035.2 of the Health and Safety Code.
(2) The approval of the manufactured home or mobilehome for
occupancy pursuant to Section 18551 or 18613 of the Health and Safety
Code, in the event that paragraph (1) does not apply.
(c) A fee or other requirement levied under Section 17620 shall
not be applied to any of the following:
(1) Any manufactured home or mobilehome located, installed, or
occupied on a space in a mobilehome park on or before September 1,
1986, or on any date thereafter, if construction on that space,
pursuant to a building permit, commenced on or before September 1,
1986.
(2) Any manufactured home or mobilehome located, installed, or
occupied on any site outside of a mobilehome park on or before
September 1, 1986, or on any date thereafter if construction on that
site pursuant to a building permit commenced on or before September
1, 1986.
(3) The replacement of, or addition to, a manufactured home or
mobilehome located, installed, or occupied on a space in a mobilehome
park, subsequent to the original location, installation, or
occupancy of any manufactured home or mobilehome on that space.
(4) The replacement of a manufactured home or mobilehome that was
destroyed or damaged by fire or any form of natural disaster.
(5) A manufactured home or mobilehome accessory structure, as
defined in Section 18008.5 or 18213 of the Health and Safety Code.
(6) The conversion of a rental mobilehome park to a subdivision,
cooperative, or condominium for mobilehomes, or its conversion to any
other form of resident ownership of the park, as described in
Section 50561 of the Health and Safety Code.
(d) If any fee or other requirement levied under Section 17620 is
required as to any manufactured home or mobilehome that is
subsequently replaced by a permanent residential structure
constructed on the same lot, the amount of that fee or other
requirement shall apply toward the payment of any fee or other
requirement under Section 17620 applied to that permanent residential
structure.
(e) Notwithstanding any other provision of law, any school
district that, on or after January 1, 1987, collected any fee,
charge, dedication, or other form of requirement from any
manufactured home, mobilehome, mobilehome park, or other development,
shall immediately repay the fee, charge, dedication, or other form
of requirement to the person or persons who made the payment to the
extent the fee, charge, dedication, or other form of requirement
collected would not have been authorized under subdivision (a). This
subdivision shall not apply, however, to the extent that, pursuant to
Section 16 of Article I of the California Constitution, it would
impair the obligation of any contract entered into by any school
district, on or before January 1, 1998.
(f) For purposes of this section, "manufactured home,"
"mobilehome," and "mobilehome park" have the meanings set forth in
Sections 18007, 18008, and 18214, respectively, of the Health and
Safety Code.
(g) (1) Whenever a manufactured home or a mobilehome owned by a
person 55 years of age or older who is also a member of a lower
income household as defined by Section 50079.5 of the Health and
Safety Code, and which has been moved from a mobilehome park space
located in one school district, where the mobilehome owner has
resided, to a space or lot located in a mobilehome park or a
subdivision, cooperative, or condominium for mobilehomes or
manufactured homes located in another school district, is subject to
any fee or other requirement under Section 17620, this section, and
Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7
of the Government Code, the district in which the manufactured home
or mobilehome has been newly located may waive the fee or other
requirement under Section 53080, this section, and Chapter 4.9
(commencing with Section 65995) of Division 1 of Title 7 of the
Government Code, or otherwise shall be required to grant the
homeowner the necessary approval for occupancy of the home, and
permission to pay the amount of the fee or other requirement
thereafter, in installments, over a period totaling no less than 36
months. A school district may require that the installments be paid
monthly, quarterly, or every six months during the 36-month period,
and that the fee be secured as a lien perfected against the
mobilehome or manufactured home pursuant to Section 18080.7 of the
Health and Safety Code.
(2) Costs of filing the lien and reasonable late charges or
interest may be added to the amount of the lien. This subdivision
does not apply if a school facilities fee, charge, or other
requirement is imposed pursuant to Section 65995.2 of the Government
Code.
17626. (a) A fee, charge, dedication, or other requirement
authorized under Section 17620, whether or not allowable under
Chapter 6 (commencing with Section 66010) of Division 1 of Title 7 of
the Government Code, may not be applied to the reconstruction of any
residential, commercial, or industrial structure that is damaged or
destroyed as a result of a disaster, except to the extent the square
footage of the reconstructed structure exceeds the square footage of
the structure that was damaged or destroyed. That square footage
comparison shall be made, in the case of a commercial or industrial
structure, on the basis of chargeable covered and enclosed space, as
defined in Section 65995 of the Government Code, or, in the case of a
residential structure, on the basis of assessable space, as defined
in Section 65995 of the Government Code.
(b) The following definitions apply for the purposes of this
section:
(1) "Disaster" means a fire, earthquake, landslide, mudslide,
flood, tidal wave, or other unforeseen event that produces material
damage or loss.
(2) "Reconstruction" means the construction of property that
replaces, and is equivalent in kind to, the damaged or destroyed
property.
