Skip to main content

Justification Report

Contact Information

For a Developer Fees Application please contact Roxana Ascencio:

(415) 492-3711

Developer Fees


In 1986 the California Legislature authorized school districts and other agencies to levy school impact or developer fees to funds school facilities. Developer fees are subject to an inflationary increase, authorized by the State Allocation Board in every even year.

Government Code 66006 requires that an annual report of income and expenditures from developer fees along with beginning and ending balances in the Capital Facilities Fund (Fund 25) be made available to the public within 180 days of each year end.

The following is a summary of the developer fees as required in Government Code 66006.

On December 14, 2021 the Board of Trustees approved a contract with J.M. King Consulting, Inc. to prepare a Developer Fee Justification Study in order to justify the collection of statutory developer fees based on the State Allocation Board’s established maximum allowable fee for both residential and commercial/industrial developments within the Miller Creek School District.

The study dated April 12, 2022 demonstrates that the District was eligible to increase the fees to the maximum allowable. 


The District fees beginning on July 2022 are based on the developer fee study that was completed during the 2021/22 fiscal year. The residential fees are $4.83 per square foot and commercial fees are $0.79 per square foot for the combined area of Miller Creek School District and San Rafael High School District. Of these fees, approximately 70% of each fee is collected to benefit Miller Creek School District.

Residential Fees

Miller Creek School District: $3.35 per square foot
San Rafael High School District: $1.48 per square foot

Commercial Fees

Miller Creek Elementary School District: $.55 per square foot
San Rafael High School District: $.24 per square foot

Self Storage (additional fees for onsite residence)

Miller Creek Elementary School District: $.06 per square foot
San Rafael High School District: $.02 per square foot

How are mitigation fees calculated? 

If the addition is less than 500 square feet, no mitigation amounts are owed. You are exempt. If the addition is 500 square feet or more, mitigation amounts are owed for the entire addition. If you are converting "unlivable" space (such as a garage or basement) into livable space that is more than 500 square feet, this qualifies for fees.

*An application must be completed with the District for all Accessory Dwelling Units (ADU) attached and unattached.

If exempt from mitigation fees, do I still need to complete an application? 

Yes, you must still complete an application with the District even when the addition is less than 500 square feet so the District can issue a certificate showing the addition is exempt. 

Do I have to pay mitigation fees if I am building a home but have no children?

Yes, mitigation fees apply even if you have no children because there will be an impact on the District if you sell to someone with children.