Under SB 13 (Cal. Gov. Code §65852.2(f)) and Cal. Education Code §17620, El Monte cannot charge any development impact fee on ADUs under 750 sq ft. Larger ADUs are charged proportionally to the primary dwelling.
Cal. Gov. Code §65852.2(f), enacted via SB 13 (2019), prohibits local agencies, special districts, and water corporations from imposing any impact fee on ADUs of 750 sq ft or less. ADUs greater than 750 sq ft must be charged impact fees 'proportionately in relation to the square footage of the primary dwelling unit.' This applies to El Monte's traffic, park, drainage, and capital facilities fees. Cal. Education Code §17620 separately exempts ADUs of 500 sq ft or less from school district facility fees; school fees for larger ADUs are calculated on the assessable space only. Building plan check and permit fees themselves are not 'impact fees' and remain payable under the City's FY25-26 fee schedule. Water and sewer connection capacity charges for ADUs sharing a connection with the primary dwelling are also prohibited by §65852.2(f)(3).
Improperly charged impact fees on a sub-750 sq ft ADU are reimbursable; applicants may protest under Cal. Gov. Code §66020 within 90 days of fee imposition. The HCD Accountability Unit also accepts complaints for state ADU law violations.
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