ADUs under 750 sq ft are exempt from all impact fees in Rialto by force of state law (Cal. Gov. Code §66314(f)(3)). ADUs 750 sq ft or larger may be charged impact fees only proportionally to the primary dwelling's square footage. School-district fees are separately governed.
Under Gov. Code §66314(f)(3)(A), 'a local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet.' For ADUs 750 sq ft and larger, §66314(f)(3)(B) requires that 'any impact fees charged...shall be charged proportionately in relation to the square footage of the primary dwelling unit.' This applies to all city/county/agency impact fees including park, traffic, drainage, and sewer connection fees. School-district developer fees under Education Code §17620 are not preempted and may still apply to ADUs over 500 sq ft per the Stanford v. Santa Clara line of cases. Rialto's adopted fee schedule (RMC Title 3) and Building & Safety permit fees must conform. Building-permit, plan-check, and utility-connection charges that are NOT impact fees (e.g., actual cost-of-service hookup) remain payable.
Charging impact fees on a sub-750-sq-ft ADU is a violation of state law; applicants can demand a refund under Gov. Code §66314 and may file a complaint with HCD. HCD has authority under Gov. Code §66317.7 to refer noncompliant ordinances to the Attorney General.
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Rialto, CA
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