California Gov. Code Β§65852.2(f) prohibits Moreno Valley from charging any impact fees on ADUs smaller than 750 square feet. ADUs of 750+ sq ft pay impact fees proportional to the size of the primary dwelling. Water and sewer connection fees are similarly limited - separate utility connections are not required for ADUs created within an existing dwelling.
Under Gov. Code Β§65852.2(f)(1), as implemented through MVMC Β§9.08.060, Moreno Valley may not impose any impact fee on an ADU of less than 750 square feet. For ADUs of 750 sq ft or larger, impact fees must be charged proportionally to the square footage of the primary dwelling - the per-square-foot rate cannot exceed the rate that applied to the primary unit. Water service in Moreno Valley is provided by Eastern Municipal Water District (EMWD) or Western Municipal Water District depending on the parcel; sewer is via EMWD. Both districts must comply with the state-law cap on capacity charges for ADUs. A new or separate utility connection is not required for an ADU created within an existing single-family dwelling. School impact fees from the Moreno Valley Unified School District apply to ADUs 500+ sq ft at the state-mandated proportional rate (currently approximately $5.17 per sq ft of new residential construction under Cal. Ed. Code Β§17620). The City's published Fee Schedule itemizes the standard fees; check the current schedule on the Community Development page.
Impact fees charged above the state-law cap are unlawful - applicants can pursue a refund through administrative appeal to the City Council and, if denied, file a writ of mandate under Code Civ. Proc. Β§1085. There is no penalty to the property owner for compliant construction.
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