Oxnard cannot impose impact fees on any ADU under 750 square feet β an absolute prohibition under Cal. Gov. Code Β§65852.2(f)(3)(A). ADUs of 750 sf or larger pay impact fees proportional in square footage to the primary dwelling. Building permit fees, plan-check fees, and school facilities fees on ADUs of 500 sf or larger (under Cal. Ed. Code Β§17620) still apply.
Cal. Gov. Code Β§65852.2(f)(3)(A) prohibits Oxnard and every California city from charging impact, connection, or capacity fees on any ADU under 750 sf β this is a categorical waiver. For ADUs at or above 750 sf, Β§65852.2(f)(3)(B) caps any city impact fee at an amount proportional in square footage to the primary dwelling's impact fee (e.g., a 1,000 sf ADU on a 2,000 sf primary dwelling pays half the impact-fee burden). Oxnard's regular development impact fees β set by City Council resolution under the City's Development Fee Program β are collected through the Building Division at permit issuance. Utility connection fees from the City's Water Resources and Wastewater divisions (and from Southern California Edison and SoCalGas for the meter portion) follow the same 750-sf waiver. The Oxnard School District, Hueneme Elementary School District, and Oxnard Union High School District levy Level 1 developer fees on residential additions of 500 sf or more under Cal. Ed. Code Β§17620; the state ADU impact-fee waiver does not preempt school fees. Building permit fees and plan-check fees based on construction valuation are not impact fees and continue to apply at all ADU sizes.
Charging a prohibited impact fee on an ADU under 750 sf is reviewable by the California Department of Housing and Community Development (HCD) under its noncompliance review authority in Β§65852.2(h) and is grounds for refund. The applicant may seek a writ of mandate. HCD has formally invalidated multiple California ADU ordinances for fee-related noncompliance.
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