Fresno cannot charge impact fees on ADUs under 750 square feet under California Government Code §65852.2(f)(3)(A), which preempts local fee schedules. For ADUs 750 sf and larger, impact fees must be charged proportionally to the size of the primary dwelling per square foot.
California Government Code §65852.2(f)(3)(A) bars cities from imposing any impact fee on an ADU under 750 sf. This includes Fresno's development impact fees for parks, fire, police, transportation, and other capital facilities normally collected at building permit issuance. For ADUs between 750 sf and the local maximum (typically 1,200 sf detached), Fresno may only charge impact fees proportional to the floor area of the primary dwelling — calculated as (ADU square footage ÷ primary dwelling square footage) × full impact fee. Utility connection fees are also limited: Fresno cannot require new or separate utility connections for ADUs created within an existing space, and connection fees for new detached ADUs must be proportional to the unit's size and burden. School impact fees are governed by Education Code §17620 and are collected by Fresno Unified School District, not the City. Building permit fees and plan check fees may still be charged at cost-recovery levels.
Charging prohibited impact fees on a sub-750 sf ADU is a violation of state law; applicants may request a refund and HCD may take enforcement action against the city under Gov. Code §65852.2(h).
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See how Fresno's adu impact fees rules stack up against other locations.
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