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Downey, CA Accessory Structures: ADU Impact Fees (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Fee waiver threshold
ADUs under 750 square feet: no impact fee
Larger ADU fee basis
Prorated to ADU's share of primary dwelling area
Excludes
Water/sewer connection fees, capacity charges
New detached ADU
Requires own utility connection
City-charged utility fee cap
Cannot exceed reasonable cost of service

Summary

Downey waives impact fees entirely for any ADU under 750 square feet, and for larger units caps the fee proportionally to the ADU's share of the primary dwelling's floor area, under Municipal Code § 9414.18(a).

Impact Fees. (1) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection (a), "impact fee" means a "fee" under the Mitigation Fee Act (Govt. Code Section 66000(b)) and a fee under the Quimby Act (Govt. Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service. (2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the ADU to the square footage of the primary dwelling unit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4807734; v5 updated 2026-01-27).

Full Breakdown

18(a) draws a hard line at 750 square feet. Below that size, no impact fee applies at all: the code defines 'impact fee' here as a fee under the state Mitigation Fee Act (Government Code Section 66000(b)) or the Quimby Act (Government Code Section 66477), specifically excluding water and sewer connection fees or capacity charges, which are addressed separately. For an ADU at or above 750 square feet, the City may still charge an impact fee, but it must be prorated: the fee is calculated proportionately based on the ADU's square footage relative to the square footage of the primary dwelling unit on the lot, not as a flat per-unit charge.

18(b). If the ADU is built alongside a new single-family home, the applicant must pay the normal connection fee and capacity charge for a new dwelling. Converted ADUs and JADUs, along with ADUs built under Government Code Section 66323, are exempt from needing a new or separate utility connection and from any related connection fee or capacity charge. All new detached ADUs otherwise need their own utility connection, though the City can waive that if it is itself the utility provider. Any utility connection fee must be proportionate to the burden the ADU places on the water or sewer system, measured by floor area or drainage-fixture units under the Uniform Plumbing Code, and the City's portion of that charge cannot exceed the reasonable cost of providing the service.

These fee limits track state ADU law and prevent the City from using impact and utility fees to price small accessory units out of feasibility.

Violations & Fines

This is a fee-structuring provision, not a penalty section; the City itself is bound by the proportionality cap and cannot exceed the reasonable cost of service on utility charges. An applicant who believes a fee was miscalculated or improperly charged above the statutory cap can raise the issue with the Building and Safety Division or Community Development Department during permit review before the fee is paid.

Frequently Asked Questions

Does Downey charge impact fees on a small ADU?
No. Municipal Code § 9414.18(a)(1) waives any impact fee for an ADU under 750 square feet, defining 'impact fee' to mean Mitigation Fee Act and Quimby Act fees, not water or sewer connection charges.
How is the fee calculated for a larger ADU?
For an ADU of 750 square feet or more, § 9414.18(a)(2) requires the fee to be charged proportionately, based on the ADU's square footage compared to the primary dwelling's square footage, rather than as a flat citywide fee.
Do converted ADUs need a new utility connection?
No. Under § 9414.18(b)(2), converted ADUs and JADUs, and ADUs built under Government Code Section 66323, are not required to have a new or separate utility connection or to pay a connection fee or capacity charge.

Sources & Official References

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