Under California Government Code 65852.2(f)(3) and CMC 21.10.030, Carlsbad ADUs under 750 square feet are exempt from all city impact fees. ADUs 750 square feet or larger pay impact fees proportional to the primary dwelling's square footage. Standard ADU permit and plan-check fees still apply.
California state law - Government Code 65852.2(f)(3) - prohibits Carlsbad from charging any impact fees on an ADU under 750 sq ft. This exempts the unit from Carlsbad's Public Facilities Fees, Park-in-Lieu Fees, Traffic Impact Fees, Drainage Fees, Sewer Connection Fees, and water capacity charges. For ADUs 750 sq ft or larger, impact fees must be charged proportionally based on the ratio of the ADU's living area to the primary dwelling (Gov. Code 65852.2(f)(3)(B)). Typical Carlsbad ADU permit and plan-check fees still apply and run roughly $2,000-$4,000 depending on size. School impact fees are charged separately by Carlsbad Unified School District under Education Code 17620 (currently around $4.79/sq ft for residential) and may apply to larger ADUs. Coastal Development Permit fees apply separately in the Coastal Zone. The 750 sq ft threshold measures gross floor area inside exterior walls, excluding garage, deck, and unconditioned storage. The current Master Fee Schedule is published annually and adopted by City Council resolution.
Carlsbad cannot legally charge prohibited impact fees on an exempt ADU. If a homeowner is charged impact fees on a sub-750 sq ft ADU, they may request a refund through the Finance Department and, if denied, appeal to the City Council. Knowingly imposing prohibited fees can subject the city to a writ of mandate under California Code of Civil Procedure 1085 with attorney's fees.
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