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State Regulations California Code Section 17620 authorizes school districts to levy a fee,charge,dedication,or other requirement against any construction in their boundaries for the purpose of funding the construction or reconstruction of school facilities.The fee,charge,dedication,or other requirement may be applied to construction of new residential, commercial,and industrial construction. The maximum fee amount that school districts can assess is limited by statutes provided in Section 65995 of the California Code. Level 1 fee maximums are$2.14 per square foot for residential development and$0.34 per square foot for commercial and industrial development. The California Department of Education(DOE)permits local school districts to increase these fees,subject to DOE review,and — approval of a nexus study from the school district that demonstrates that costs incurred by the school district for the provision of school facilities and services are higher than the Level I funding provides. hi such an instance, a nexus must be demonstrated in the study between what the local school district wants to increase the fees to and the actual _ cost of provision of school facilities and service. Lammersville Elementary School District Lammersville Elementary School District(LESD)collects state-mandated development impact fees in conjunction with TUSD through mitigation agreements with new developments(Unsod 2004).The development — impact fees collected are determined by the Student generation rate for single-family and multifamily residential units and by statutory limitations set by California Code Sections 65995 and 17620. LESD uses a student generation rate of 0.676 K-8 students per single-family unit and 0.339 K-8 students per multifamily unit. Development impact fees totaling$2.24 per square foot(sf)for residential uses are collected jointly by the two school districts. Along with this,development impact fees totaling$0.36 per sf for commercial and industrial development is collected by the two school districts. The LESD's share of these fees is$1.52 and$0.24 per — square foot for residential and commercial/industrial development,respectively(Unsod 2005). Tracy Unwed School District _ TUSD collects state-mandated development impact fees in conjunction with LESD through mitigation agreements with new developments(Unsod 2004a).The development impact fees collected are determined by the student — generation rate for single-family and multifamily residential units and by statutory limitations set by California Code Sections 65995 and 17620.TUSD completed its Comprehensive School Facilities Capital Improvement and Finance Plan to plan for capital improvements and new facilities needed to serve the growing student population that would be generated by numerous planned developments in its service boundary.Based on studies conducted by — TUSD,single-family units,inclusive of"granny units,"are forecasted to generate 0.179 high school students per unit,and multifamily units would generate 0.0423 high school students per unit(Bell 2004). Development impact fees totaling$2.24 per residential unit are collected by the two school districts. TUSD receives$0.72 per residential unit. Along with this, development impact fees totaling$0.36 per square foot of commercial development are collected by the two school districts; TUSD receives$0.12 per square foot of _ commercial development(Unsod 2005). Regional and Local Regulations San Joaquin County General Plan 2010 The San Joaquin County General Plan contains the following policies related to public schools that are applicable to the proposed project. Public Facilities Chanter — Policy 1.Development shall be served by adequate educational facilities. EDAW College Park at Mountain House Specific Plan III Draft EIR San Joaquin County 4.4.8 Public Services