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San Diego County, CA Accessory Structures: ADU Impact Fees (2026)

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

Key Facts

Eligible units
Unpermitted ADU/JADU built before 1/1/2020
Waived charges
Impact, connection, capacity fees
Not waived
Health & Safety Code utility corrections
Approving department
Planning and Development Services

Summary

Unincorporated San Diego County waives impact, connection and capacity fees when legalizing an ADU or JADU that was built without permits before January 1, 2020.

City-specific rules exist: El Cajon, Vista, San Diego, Chula Vista, Escondido, San Marcos, and Oceanside have their own adu impact fees rules that differ from San Diego County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

A homeowner applying for a permit for a previously unpermitted ADU or JADU constructed before January 1, 2020, shall not be required to pay impact fees or connection or capacity charges except when utility infrastructure is required to comply with all applicable Health and Safety Code requirements. Necessary permits to correct noncompliance with health and safety standards shall be approved without penalty by the Planning and Development Services Department.

B.   Ministerial ADU and JADU Permit Approval. Ministerial approval of qualifying ADUs and JADUs, within a residential or mixed-use zone, shall be subject to the following criteria, in accordance with California Law Government Code Section 66323 as detailed in this subsection:

1.   Any of the following categories may be created, as allowed by the site and lot conditions, and may be combined. As such, a single-family lot may have at least one ADU constructed from existing space, one JADU, and one newly constructed detached ADU; or a multifamily lot may have at least one ADU constructed from existing non-livable space and up to 8 detached:

a.   Single-Family Converted ADUs and JADUs: One ADU and/or one JADU per lot with a proposed or existing single-family dwelling if all of the following apply:

i.   The ADU and/or JADU is within the proposed space of a single-family dwelling or existing space of a single -family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-141: Administrative: Current through Ord. No. 11007 (N.S.), effective 7-10-26 | Regulatory: Current through Ord. No. 11008 (N.S.), effective 7-24-26).

Full Breakdown

Under the county's Zoning Ordinance ADU/JADU permit standards, a homeowner seeking a permit for a previously unpermitted accessory dwelling unit or junior ADU built before January 1, 2020 is not charged impact fees or connection/capacity charges. The waiver does not cover utility infrastructure work needed to meet Health and Safety Code requirements, and the county's Planning and Development Services Department must still approve any permits needed to correct health and safety noncompliance, without penalty.

Violations & Fines

An ADU or JADU built on or after January 1, 2020 does not qualify for this fee waiver and is billed standard impact, connection and capacity charges through Planning and Development Services.

Frequently Asked Questions

Do I owe impact fees to legalize an old unpermitted ADU in San Diego County?
No, if it was built before January 1, 2020 the county waives impact fees and connection/capacity charges, except for utility work needed to meet Health and Safety Code requirements.
Does the waiver cover septic or well upgrades needed for approval?
No. Corrections needed to comply with onsite wastewater treatment system or Health and Safety Code standards are billed separately and reviewed by Planning and Development Services.

Sources & Official References

Other rules in San Diego County

All San Diego County rules

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