COF Marin County Office of Education John A. Carroll*

Impact, connection, and capacity fees vary considerably throughout the County and such fees can be a disincentive to homeowners considering ADU development. Response Select one: I (we) agree with the finding. • I (we) partially disagree partially with the finding. • I (we) wholly disagree partially with the finding. [District response is required, If you partially or wholly disagree. Specify portion in dispute, and provide reason] • I (we) partially disagree partially with the finding. The Marin County Civil Grand Jury Report "Build more ADUs – An Rx to Increase Marin's Housing Supply" builds a compelling case relative to the variability and associated uncertainty in fees faced by homeowners considering Accessory Dwelling Unit development. Nonetheless, we partially disagree with the finding as the report does not acknowledge that the government codes cited as a basis for the report do not apply to public school districts. In 1986, the California Legislature authorized school districts to levy school impact or developer fees on residential and commercial/industrial development for the purpose of funding the construction or reconstruction of school facilities. The basis of the school facilities legislation is the relationship between new development, and the impact on school districts to provide adequate school facilities for the student population new development generates. The authority for a school district's assessment of developer fees is set forth in Education Code Section 17620, pursuant to Government Code 65995. Furthermore, the legislation authorizing school districts to levy school impact or developer fees does not apply to county offices of education, thus the Marin County Office of Education does not impose any such fees.