Frequently Asked Questions

  • 1. Why does the District charge Developer Fees?

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    As a means to fund school facilities needed as a result of development.  Government Code § 65995, Education Code § 17620 and Assembly Bill 2926, also known as the “1986 School Facilities Legislation,” granted school districts the right to levy fees to offset the impacts of school facilities from new residential and commercial industrial developments.   

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  • 2. Where can the District charge Developer Fees?

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    Education Code § 17620(a)(1) allows the District to charge Developer Fees only within the District boundaries.

    Click on this link to verify your address is within District boundaries.

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  • 3. When are fees levied/assessed?

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    Fees are levied/assessed on new construction, whether residential, commercial, or industrial.

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  • 4. How are fees calculated?

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    RESIDENTIAL CONSTRUCTION
    Government Code 65995(b)(1)
    a. Developer fees are calculated on all new residential construction.  All covered assessable space within the perimeter of a structure. 
    b. Any residential additions to existing structures resulting in an increase in assessable space exceeding 500 sq. ft. are also subject to the collection of developer fees.  This is an accumulative number.  In other words, the 500 square feet minimum is applied to the building throughout the course of the structure’s life.   

    Exclusions from assessable space include parking structures, carports, walkways, garages, overhangs or patios, detached accessory structures or similarly enclosed areas, or additions of 499 sq. ft. or less.

    COMMERCIAL/INDUSTRIAL CONSTRUCTION
    Government Code 65995(b)(2)
    For purposes of determining all chargeable covered and enclosed space, any exterior space which may be covered and/or enclosed at any point during the year shall be determined to be an extension of such structure intended to expand the use of such structure, whether or not said exterior extension is within the perimeter of a commercial or industrial structure. This space may include exterior dining areas, dancing areas, and play areas which have the ability to be covered and/or enclosed in a manner to extend the use of the facilities and require an appropriate building permit from the building department of the city or county.  Any additions to existing structures resulting in an increase in assessable space are also subject to the collection of developer fees.

    This includes: hotels, inns, motels, senior citizen housing (restricted to 55 years old and over, Civil Code, § 51.3), residential care facilities for the elderly (Health & Safety Code, § 1569.2(k)), and multilevel facility for the elderly (Gov. Code, § 14432(d)(9)).

    Exclusions: This will not include any storage areas incidental to the principal use of the construction, garage, parking structure, unenclosed walkway, or utility or disposal area.

    EXCLUSIONS
    Pursuant to Government Code 65995 fees cannot be levied on a facility that is used exclusively for religious worship, owned and occupied by state, federal, or local government, or is used exclusively as a private full-time day school as described in Education Code Section 48222.  If you are replacing a structure destroyed by a disaster, you may also be exempt from fees.

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  • 5. How are fees assessed/levied on Accessory Dwelling Units?

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    Accessory Dwelling Units (or ADUs), and Junior Accessory Dwelling Units (JADUs), sometimes called casitas, granny flats, in-law units, accessory units, are separate residential units that can house a new family that generates new students. Fees are assessed on all new ADUs square footage in the same manner as with other new residential construction.  ADUs are not additions to existing residential structures.  Therefore, the exemption for additions 500 square feet or less are not applicable.  A new ADU is charged fees even if it is only 300 square feet.

    By statute, an “Accessory Dwelling Unit” is defined as “an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.” (Gov. Code, § 65852.2(j)(1).)

    Note: The impact fee restrictions on ADUs imposed by Senate Bill 13  (“SB 13") are only applicable to impact fees levied by cities, counties, and special districts.    School districts are independently authorized to levy school developer fees per Education Code § 17620.  SB 13 does not modify, suspend, or mention Education Code § 17620. Accordingly, SB 13 does not restrict school districts’ levies of school fees on ADUs.  For the same reasons, AB 881 does not limit the levy of school developer fees on ADUs.

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  • 6. Are there refunds of fees?

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    IN CERTAIN CIRCUMSTANCES.

    Canceled/Expired permits: Only if construction does not commence, as provided in Education Code § 17624 and Government Code § 65995. 

    To obtain a refund, you must provide certification from the City/County that the project has been canceled.  

    Pursuant to Education Code 17620(a)(5):
    The District, may retain an amount not to exceed, in any fiscal year, three (3%) of the fees collected in that fiscal year for the reimbursement of administrative costs incurred in collecting the fee, up to a maximum of $631.50 per Certificate of Compliance, with an escalation every two years.  Board Approved May 10, 2022.

    Refunds are issued to the original remitter/owner of funds.

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  • 7. Is there a Demolition Credit available?

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    IN CERTAIN CIRCUMSTANCES

    Demolition: To obtain a demolition credit, the district needs proof that:

      1. The demolished structure was issued a demolition permit and corresponding signed inspection card.A building permit was issued for the construction of a new building.
      2. The maximum allowable square footage is determined using the County Assessor’s office building record document(s).
      3. The demolished structure was completely removed from the District boundaries - proof bill of laden.

    Disaster reconstruction: Education Code § 17626(a) defines a disaster as “a fire, earthquake, landslide, mudslide, flood, tidal wave, or other unforeseen event that produces material damage or loss.”  Any structure that is damaged or destroyed as a result of a disaster is entitled to a demolition credit against reconstruction, so long as the rebuilt square footage does not exceed the structure’s original square footage.

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  • 8. What are the acceptable payment methods?

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    Only Cashiers Check or Wire Transfer - NO CASH or CREDIT CARDS

    1. Cashier's checks are made payable to "Temecula Valley Unified School District"

    2. Wire Transfer - Click here 💰 to access wire payment instructions.

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  • 9. What is a Certificate of Compliance?

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     A Certificate of Compliance is the form that must be completed and certified by the District, that your project was reviewed and assessed for impact on the District or not. 

    The certificate is effective or valid for 30 days commencing from the date of issuance.  In essence, the District is allowing the developer or owner 30 days to pull the permit.

    Only at the Board of Trustees of Temecula Valley USD sole discretion can an extension be granted.  The Board may grant an extension for any number of days up to and including thirty (30) days.  ONLY three extensions are given to the developer for a total of 90 days.  If a building permit is not issued, for the construction of the corresponding dwelling unit, the developer will be reimbursed all amounts paid less a reimbursement levy, without interest, that was paid to obtain the Certificate of Compliance. 

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  • 10. Can I protest developer fees for residential projects?

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    Yes. Pursuant to section 66020 of the California Government Code, you have a period of ninety (90) days from the date of the issuance of this Certificate of Compliance to protest the imposition of these fees. This ninety (90) day period commences upon such payment of performance of any other requirement, as provided in Section 66020. Any such protest must be in writing and received by the Board of the Temecula Valley Unified School District within ninety (90) calendar days of the date of the Certificate of Compliance.

    Address all Correspondence to:
    Temecula Valley Unified School District
    Attn: Governing Board of Education
    31350 Rancho Vista Road
    Temecula, CA 92592

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  • 11. Can I protest fees for commercial/industrial projects?

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    Yes.  For protest of commercial/industrial fees, Owner/Developer must request a hearing within 10 days of imposition of the fees.  Please immediately contact TVUSD at fac-dev@tvusd.us or click here for a copy of Board /approved Resolution 2021-22/45 for the commercial/industrial fee protest process under Education Code section 17621 (e)(2). See section 12.

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