Los Gatos woman calls her charges for school impact fees unfair

A Los Gatos woman is questioning the validity of school impact fees she's being charged for adding on to her kitchen, saying an eating area does not increase the number of students on the school rolls. But the Los Gatos Union School District counters that school impact fees, also known as developer fees, are not necessarily related to increases in enrollment.

The complaint comes from resident Meighan Mingrone, who said the $3.21 per square foot charge may be well-intended, but it's also unfair.

The fee is not charged against new construction that is less than 500 square feet. Mingrone's add-on is just over 600 square feet, so the impact on her budget is $1,926.

"This fee ... is justified on the claim that any new construction or remodels throughout town lead to more students and therefore an impact on the schools," Mingrone said. "Clearly this is a well-intended fee for large developments that add dozens of homes, or for a new home being built on a previously empty lot or even for a small two-bedroom house being changed into a large five-bedroom house, which will then be able to house a much larger family."

Mingrone added, "Such scenarios warrant a fee to the schools since they will likely result in additional students. What seems to have happened, though, is that the school district has pounced on this fee as a money grab."

The fees that are collected are split between the Los Gatos Union School District and the Los Gatos-Saratoga Union High School District, with LGUSD receiving 69 percent and the high school district receiving 31 percent.

Citing a variety of California codes, LGUSD superintendent Diana Abbati said in an email, "According to the government codes, enlarging her eating area is considered 'assessable space' or new construction."

Abbati went on to say, "Since 1987, school districts are authorized to use developer fees for any school-related consideration relating to a school district's ability to accommodate enrollment--not just growth."

She cited maintaining existing services as an example of what the fees can be used for.

The school district also maintains that since 2007 the law has allowed the fees to be used to include costs to refurbish facilities "if the refurbishment is related to the increased demand on the facility and is necessary for the school district to maintain existing levels of service."

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Los Gatos woman calls her charges for school impact fees unfair