Bakersfield is bound by Cal. Gov. Code §65852.2(f)(3)(A), which prohibits any local agency from charging impact fees on an ADU under 750 square feet. ADUs of 750 sf or greater may be charged impact fees, but the fee must be proportional in size to the burden on the primary dwelling unit. School district fees follow Cal. Ed. Code §17620 and are calculated on net new habitable square footage.
Under state law (Cal. Gov. Code §65852.2(f)(3)(A)), Bakersfield cannot impose city, special district, water, or sewer connection or capacity impact fees on ADUs smaller than 750 sf — this is an absolute waiver. For ADUs 750 sf or larger, §65852.2(f)(3)(B) caps any city impact fee at an amount proportional in square footage to the primary dwelling's impact fee (e.g., a 1,000 sf ADU on a 2,000 sf house may be charged half the house's impact fee). Bakersfield's regular development impact fees (traffic, park, public facilities) are set by City Council resolution and applied through the building permit issued by the Building Division under BMC Title 15. Utility connection fees from California Water Service and Cal Water/Cal Am providers, plus the city's sewer connection fee, follow the same 750-sf waiver and proportional-size rules. Kern High School District and Bakersfield City School District levy fees under Cal. Ed. Code §17620 — the state ADU waiver does not preempt school fees on ADUs ≥500 sf.
Charging a prohibited impact fee on an ADU under 750 sf is grounds for refund and is reviewable by the California Department of Housing and Community Development under its noncompliance review authority (Cal. Gov. Code §65852.2(h)). The applicant may also seek a writ of mandate compelling refund.
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