CP V Walnut v. Fremont Unified School Dist. CA1/2
California has adopted a number of ways to finance the construction and maintenance of public schools. Two of those ways, authorized by the Government Code, are what is known as Level 2 and Level 3 fees. These can be imposed by a school district, requiring developers of a new housing project to pay some of the cost of school facilities to handle the number of new students anticipated from the project.
The developer here is CP V Walnut LLC (Walnut), which describes itself as “the owner and developer of the Walnut Residences Project in the City of Fremont,” which is planned to have “632 rental apartments.” During the course of administrative proceedings before the Fremont Unified School District (District), Walnut was assessed both Level 2 and Level 3 fees.
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