AgdaPkt 2020-11-09 Joint SA PFA - Laserfiche WebLink

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Ms. Lindy Chan, Principal Planner City of Redwood City, Planning Services February 28, 2020 Page 2 The unrevised Initial Study, in part because it misrepresents the distance between the District's Sequoia High School and the Project, does not adequately evaluate the Project's impacts to the District. The Initial Study fails adequately to address how the Project will impact the District's ability to house its students; how the Project's impacts on transportation, traffic, and circulation in the area will impact air quality at Sequoia High School, as well as the safety and convenience of District students, parents, and staff, and generally how the Project will impact the District's ability to deliver its educational program at Sequoia High School. Further, the City, through its unrevised Initial Study, inappropriately concludes that the Project will have less than significant impacts on the District's ability to provide its public service because school impact fees paid by the Developer will constitute "full and complete mitigation" under CEQA pursuant to California Senate Bill (SB) 50. All of the above discussed impacts to the District, including impacts related to transportation, circulation, and traffic; air quality; noise; population; housing; and public services, must be analyzed in the EIR for the Project. Below are specific concerns of the District regarding the Initial Study, and scoping requests for the EIR, all of which the City must address in the EIR to evaluate adequately the potential environmental impacts of the Project on the District. Inal2propriate Reliance on SB 50 The City, in its Initial Study, appears to rely on SB 50 in determining that school impact fees (also referred to as "developer fees"), are adequate to completely mitigate all impacts caused by the Project on the District. Such reliance is neither legally nor factually justified, and displays a lack of understanding of how school facilities are funded. By way of background, developer fees are fees that may be levied or imposed in connection with or made conditions of any legislative or adjudicative act by a local agency involving planning, use, or development of real property. (Ed. Code § 17620.) "Level 1" developer fees are levied against residential and commercial or industrial developments on a price per square foot basis. If a district is able to establish a sufficient "nexus" between the expected impacts of residential and commercial development and the district's needs for facilities funding, then the district may charge up to $4.08 per sf of residential development, and up to $0.66 per sf of commercial development, which maximum amounts may be increased every two years based on the statewide cost index for class B construction. SB 50 declares that the payment of the developer fees authorized by Education Code section 17620 constitutes "full and complete mitigation of the impacts of any legislative or adjudicative act on the provision of adequate school facilities." (Gov. Code § 65995(h).) However, California courts have since acknowledged that developer fees do not constitute full and complete mitigation for school -related impacts other than school overcrowding. (Chawanakee Unified Sch. Dist. v. Cty. of Madera (2011) 196 Cal.AppAth 1016.) Thus, contrary to the assertions of the City in the Initial Study, the payment of fees do not constitute full mitigation for all impacts caused by development related to traffic, noise, biological, pedestrian safety, and all other types of impacts related to the District and its educational program.