Developer Fees
Government Code Section 65995 and California Education Code Section 17620 allows school districts to impose fees on residential and commercial development within the School District's boundaries. Fees collected are used specifically for the construction of additional school facilities. These fees do not go towards maintenance, books, classroom materials or teacher salaries.
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Frequently Asked QuestionsTop of Page
FAQ's
Please click on a tab above to see answers to frequently asked questions. If your question is not listed please contact the Maintenance Department by phone at 408-347-5100 or email at facilities@esuhsd.org.
How do I pay developer fees?
Developer fees can be paid in person at the Maintenance Department at the District Office.
East Side Union High School District
830 N. Capitol Ave.
San Jose CA 95133
We are in the portables near the far side of the main parking lot, look for signs directing you to the Maintenance Office.
Our normal business hours are Monday through Friday 9am to 11am and 2pm to 4pm. It is advisable to make an appointment by calling 408-347-5100 or emailing facilities@esuhsd.org as business hours are subject to change depending on holidays, vacations, and other factors.
When arriving please have a copy of the City or County School District Referral Form as well as your payment method. We currently accept personal, business and cashier’s checks as well as money orders. Credit card payment is not available at this time. You will be required to complete the Developer Fee Application which can be filled out in advance and brought to your appointment or completed at the time of your appointment.
Once your application is processed you will be provided with the stamped copy of the Referral Form which you will return to the City or County Building Department as well as paperwork for your records.
What is the cost of developer fees?
Effective August 23rd, 2020 the current developer fees charged by East Side Union High School District are:
| Residential | $1.36 / SqFt |
| Commercial/Industrial | $0.22 / SqFt |
When are fees charged?
Residential Development
Developer fees are charged upon new residential construction and/or additions over 500 square feet.
Residential development includes residential hotels.
Commercial/Industrial Development
Developer fees are charged upon all commercial/industrial development and redevelopment projects and are calculated based on "chargeable covered and enclosed space". Government Code Section 65995(b)(2) defines covered and enclosed space as 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.
Commercial Development includes, but is not limited to, any hotel, inn, motel, tourist home, or other lodging for which the maximum term of occupancy for guests does not exceed 30 days, but does not include any residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code.
Exemptions
Government Code Section 65995(d) provides exemptions to developer fees:
- Any facility used exclusively for religious purposes that is thereby exempt from property taxation.
- Any facility used exclusively as a private full-time day school as described in Section 48222 of the Education Code.
- Any facility that is owned and occupied by one or more agencies of federal, state, or local government.
Exempted developments must still complete a Developer Fee Application and have paperwork provided by the City or County Building Department completed and stamped.
Why are developer fees charged?
Developer fees are charged to fund school facilities needed because of the expected increase in student population caused by the development. Government Code 65995, Education Code 17620 and Assembly Bill 2926 granted school districts the right to levy fees to offset the impact on school facilities from new residential and commercial/industrial developments.
Can I protest developer fees?
A developer may protest development fees imposed by the District as outlined in Government Code Section 66020. To protest fees the developer must tender payment in full for the disputed development fees. Once payment is received, the developer must submit a written protest of the fees within 90 days.
The written protest must include:
- The property address that is being protested.
- The date of fee payment.
- The name, mailing address, phone number and email address of the developer of the property.
- A statement that the required payment is tendered.
- A statement informing the Board of the factual elements of the dispute and the legal theory forming the basis for the protest.
The protest shall be delivered to:
Facilities, Maintenance & Operations Director
East Side Union High School district
830 N. Capitol Ave.
San Jose, CA 95133
Refunds of Fees Paid
If your project is canceled, you may request a refund of developer fees which were paid. Complete the Refund Request Form and email it to facilities@esuhsd.org or deliver it to:
Maintenance Department
East Side Union High School District
830 North Capitol Avenue,
San Jose, California 95133.
You must attach with the Refund Request Form a copy of the City or County Building Department's Referral Form indicating that the project is canceled.
Are Fees Levied on Conversions?
Yes, fees are levied on conversions. Changing the occupancy from commercial/industrial to residential is considered new residential construction and is charged at the residential rate.
Likewise converting an exempt structure or space (such as a garage into a residential space or storage space into occupied space) would result in fees even if there is no addition or construction per se.
Are ADU's under 750 Square Feet Exempt From Fees?
No. Senate Bill 13 exempts cities, counties, and special districts from charging developer fees on auxiliary dwelling unit's (ADU's) under 750 square feet. School districts are independently authorized to levy school developer fees per Education Code 17620. Senate Bill 13 does not modify, suspend or mention Education Code 17620 therefor it does not restrict school districts ability to charge impact fees.
Why do I Have to Pay Fees to Two School Districts?
East Side Union High School District is a Union School District meaning we serve students during a portion of their educational career. Our feeder school districts serve students during their elementary education. Due to this split we and the elementary school district each receive a portion of the developer fee. Generally you pay no more in fees than you would in a unified school district where the entirety of the child's educational career is in one school district .