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

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Impact fee exemption threshold
Under 750 sq ft of interior livable space
School fee exemption threshold
500 sq ft or less
Fee above threshold
Charged proportionately to ADU/primary dwelling floor area ratio
Utility connection fees
Not new-use fees unless built with a new single-family home
Controlling law
State ADU law controls where more permissive
Appeal path
Planning commission / director's designee, § 90-322

Summary

Hemet cannot charge impact fees on an ADU or JADU under 750 square feet of interior livable space, and units at 500 square feet or less are also exempt from school fees, under City Code § 90-321(c)(11)-(12). California's ADU statute (Gov. Code §§ 66310-66342) controls wherever it is more permissive than the local rule.

(11)An ADU shall not be considered a new residential use for the purpose of calculating connection fees or capacity charges for utilities, including water and sewer services, unless the ADU is constructed with a new single-family dwelling, consistent with applicable state law...(12)Impact fees.a.No impact fee is required for an ADU or JADU that is less than 750 square feet of interior livable space. Additionally, ADUs and JADUs that are 500 square feet or less of interior livable space are exempt from school fees, consistent with applicable state law...b.Any impact fee required for an ADU that is 750 square feet or more in size shall be charged proportionately in relation to the square footage of the primary dwelling unit (e.g. the floor area of the ADU divided by the floor area of the primary dwelling, times the typical fee charged for a new dwelling), consistent with applicable state law.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 69 Update 2).

Full Breakdown

Accessory dwelling units in Hemet are approved ministerially under § 90-321, which the code states must be interpreted consistent with, and subordinate to, state ADU law; where state law is more permissive than the city's own standards, state law governs. Within that framework, subsection (c)(12) sets the fee rule directly: no impact fee is required for an ADU or JADU under 750 square feet of interior livable space, and units of 500 square feet or less are additionally exempt from school fees. For an ADU of 750 square feet or more, any impact fee that does apply must be charged proportionately, calculated by dividing the ADU's floor area by the primary dwelling's floor area and applying that ratio to the fee typically charged for a new dwelling, rather than charging the full new-construction rate.

Subsection (c)(11) adds a related utility protection: an ADU is not treated as a new residential use for calculating water or sewer connection fees or capacity charges unless it is built together with a brand-new single-family dwelling, though the city can still require a separate physical utility connection between the ADU and the service line. The code defines 'impact fee' by cross-reference to the 'fee' definition in Government Code § 66000(b), extended to include the school-facilities fees addressed in Government Code § 66477, but excluding ordinary connection fees or water-corporation capacity charges.

Because the state ADU statute overrides any conflicting or less permissive local restriction, a property owner who is charged a fee inconsistent with these thresholds can point to both the city's own text and the underlying Government Code sections it implements.

Violations & Fines

Charging an impact fee on an ADU or JADU under 750 square feet of interior livable space, or a school fee on a unit at or under 500 square feet, is inconsistent with § 90-321(c)(12) and with the state ADU statute the section implements. An ADU/JADU decision, including a fee dispute tied to the application, may be appealed to the planning commission or community development director's designee under § 90-322 and § 90-48(6).

Frequently Asked Questions

Does Hemet charge impact fees on a small ADU?
No. Section 90-321(c)(12)a exempts any ADU or JADU under 750 square feet of interior livable space from impact fees entirely, and units of 500 square feet or less are also exempt from school fees.
How is the impact fee calculated for a larger ADU in Hemet?
Proportionately. Under § 90-321(c)(12)b, the fee is based on the ADU's floor area divided by the primary dwelling's floor area, multiplied by the fee typically charged for a new dwelling, rather than the full new-construction rate.
Will building an ADU trigger new water or sewer connection fees?
Generally no. Section 90-321(c)(11) says an ADU is not treated as a new residential use for connection fee or capacity charge purposes unless it is built at the same time as a brand-new single-family dwelling, though a separate utility connection may still be required.
What if the city charges a fee I think violates this rule?
You can raise it as part of the ADU permit process; a decision on an ADU or JADU application, including fee assessments, may be appealed to the planning commission or the community development director's designee under § 90-322.

Sources & Official References

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