ADUs under 750 sq ft are exempt from all city development impact fees in Fairfield under California Gov Code §65852.2(f)(3). ADUs 750 sq ft and larger pay impact fees proportional to the primary dwelling, capped at the ratio of the ADU's square footage to the primary's square footage.
Under state law, a local agency, special district, or water corporation shall not impose any impact fee upon the development of an ADU less than 750 sq ft (Gov Code §65852.2(f)(3)). This blanket exemption covers traffic, park, and most general impact fees. For ADUs 750 sq ft or larger, Fairfield charges impact fees proportional to the square footage relative to the primary residence (for example, a 900 sq ft ADU added to a 2,000 sq ft house would pay 45% of the standard impact fee). Water and sewer connection fees may apply but cannot exceed the proportional impact for ADUs sharing existing connections; new separate utility connections trigger full hookup charges. School impact fees apply only when the ADU is 500 sq ft or larger and are levied by the Fairfield-Suisun Unified School District at the statutorily capped rate. The city cannot require an ADU to be added to a water/sewer connection of a new dwelling. Building permit and plan-check fees are not impact fees and are charged based on construction valuation.
Cities that impose fees in violation of state law are subject to refund and possible attorney-fee awards under Gov Code §65852.2(o). Applicants should request a fee itemization before paying and dispute any non-compliant charges.
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