Per Cal. Gov. Code §65852.2(f), Lincoln cannot charge impact fees on ADUs under 750 square feet. ADUs 750 sq ft or larger pay impact fees charged proportionally to the square footage of the primary dwelling. Building permit fees still apply.
Cal. Gov. Code §65852.2(f)(3)(A) prohibits Lincoln from imposing any impact fees (including water connection, sewer connection, school facilities, traffic, and park fees authorized under the Mitigation Fee Act, Gov. Code §66000 et seq.) on ADUs under 750 sq ft. For ADUs 750 sq ft or larger, Gov. Code §65852.2(f)(3)(B) requires impact fees to be charged proportionally in relation to the square footage of the primary dwelling unit — not a flat per-unit fee. Lincoln Municipal Code Chapter 18.37 implements these limits. Building permit plan-check and inspection fees (not impact fees) are still chargeable. AB 1332 pre-approved plans (both 661 sq ft and 746 sq ft Lincoln offerings) are under 750 sq ft and qualify for the impact fee waiver. School impact fees follow the same proportionality rule under Education Code §17620.
If Lincoln charges impact fees on an ADU under 750 sq ft, the applicant may seek refund under Gov. Code §66020 (Mitigation Fee Act protest) within 90 days of fee payment. Improperly charged fees are recoverable with interest. Applicants should request a written fee breakdown identifying each fee as impact, building permit, or utility-connection capacity.
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