Under California Government Code Section 65852.2(f) and LBMC Section 21.45.400, Long Beach cannot charge development impact fees on ADUs under 750 square feet. ADUs 750 sq ft or larger pay fees proportional to the primary dwelling.
California state law preempts local impact fees for ADUs under 750 sq ft. Long Beach still collects plan check, building permit, and inspection fees, but the city is prohibited from charging parks, transportation, school facilities, or sewer capacity fees on these small units. For ADUs of 750 sq ft or larger, impact fees must be charged proportionally to the square footage of the primary dwelling unit under Cal. Gov Code 65852.2(f)(3). Long Beach Water Department separately bills for water and sewer connection if a new tap is requested; a separate meter is optional under state law. The city cannot require new or separate water and sewer connections for ADUs created within existing space. School impact fees by Long Beach Unified School District (LBUSD) are also subject to the same state preemption.
If Building and Safety or Long Beach Water improperly bills full impact or capacity fees on an ADU under 750 sq ft, the applicant may appeal to the Building Official and file a complaint with the California HCD ADU Ombudsperson.
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