Under California Government Code §65852.2(f)(3) and SMC §37-50.250, Salinas ADUs under 750 square feet are exempt from all city impact fees. ADUs 750 sq ft or larger pay impact fees proportional in size to fees charged for the primary dwelling. Standard building permit and plan-check fees still apply through the Community Development Department.
California Government Code §65852.2(f)(3), added by AB 881 and SB 13 in 2019, prohibits Salinas from charging any impact fee on an ADU under 750 sq ft. This preempts the city's Capital Facilities Fee, Park Impact Fee, Traffic Impact Fee, and Salinas Union High School District / Salinas City Elementary School District (and Alisal Union, North Monterey County, or Santa Rita as applicable) school facility fees collected under California Education Code §17620 and SB 50. For ADUs 750 sq ft or larger, impact fees must be calculated proportionally based on the ratio of the ADU's floor area to the primary dwelling's floor area, per Gov. Code §65852.2(f)(3)(B), not the full single-family rate. Standard building permit, plan-check, and California Water Service Company (Cal Water) connection charges still apply at any size and are based on construction valuation per the City Master Fee Schedule. The Mitigation Fee Act (Gov. Code §66020) allows a homeowner to protest impact fees within 90 days of payment if charged in error. Salinas has confirmed this fee structure in its ADU Handbook published through the Community Development Department.
Salinas cannot legally charge city impact fees on a sub-750 sq ft ADU. If charged in error, the homeowner may demand a refund through the City Finance Department or seek a writ of mandate under California Code of Civil Procedure §1085. School facility fees collected by a school district on a sub-750 sq ft unit are similarly subject to refund. Misrepresenting ADU square footage to claim the exemption constitutes permit fraud and voids the Certificate of Occupancy.
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