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San Clemente, CA Accessory Structures: ADU Impact Fees (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Fee-exempt size
Under 750 square feet: no impact fee
Larger ADU fee
Proportional to ADU vs. home floor area
Governing fee laws
Mitigation Fee Act, Quimby Act
Converted-unit utility fee
No new connection fee required

Summary

San Clemente charges no impact fee at all on an ADU under 750 square feet. Larger ADUs pay an impact fee, but only proportional to the ADU's floor area versus the primary home's, under Section 17.28.270(D)(4).

4.Impact and Utility Fees. The following requirements apply to all ADUs and JADUs that are approved under Subsection D.1 or D.2 above.a.Impact Fees.i.No impact fee is required for an ADU that is less than seven hundred fifty (750) square feet in size. For purposes of this Subsection D.4.a, "impact fee" means a "fee" under the Mitigation Fee Act (Government Code Section 66000(b)) and a fee under the Quimby Act (Government Code Section 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.ii.Any impact fee that is required for an ADU that is seven hundred fifty (750) square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Traffic: Supplement 30 | Code of Ordinances: Supplement 66 Update 1).

Full Breakdown

270(D)(4) of the San Clemente Municipal Code sets impact and utility fees for accessory dwelling units approved either as building-permit-only ADUs or under a separate ADU permit. a, no impact fee applies to an ADU smaller than 750 square feet; the code defines 'impact fee' here as a fee under the state Mitigation Fee Act, Government Code Section 66000(b), or the Quimby Act, Government Code Section 66477, and specifically excludes water and sewer connection fees or capacity charges from that exemption. For an ADU of 750 square feet or larger, any impact fee that does apply must be charged proportionately, calculated as the ADU's floor area divided by the primary dwelling's floor area, multiplied by the typical fee charged for a new dwelling, rather than the full flat fee a new house would pay.

b: an ADU built alongside a new single-family home needs its own utility connection and pays the normal connection fee and capacity charge, but a converted ADU on a single-family lot created within existing space is not required to have a new or separate utility connection or to pay any connection fee or capacity charge at all. Any other ADU needing a new utility connection is charged a connection fee or capacity charge proportionate to the burden it adds, measured by floor area or drainage-fixture units under the Uniform Plumbing Code, and the City-charged portion cannot exceed the reasonable cost of providing that service.

Violations & Fines

The Planning Division sets the ADU permit processing fee itself by City Council resolution; that processing fee is separate from, and does not substitute for, the impact and utility fee structure in Subsection D.4. Fee assessments that an applicant believes were miscalculated are corrected through the standard ADU permit review and appeal process rather than a citation.

Frequently Asked Questions

Does San Clemente charge impact fees on a small ADU?
No. Under Section 17.28.270(D)(4)(a), an ADU smaller than 750 square feet pays no impact fee at all, defined as a fee under the state Mitigation Fee Act or Quimby Act, though water and sewer connection charges are handled separately.
How is the impact fee calculated on a larger ADU?
For an ADU of 750 square feet or more, the fee is proportional: the ADU's floor area is divided by the primary dwelling's floor area, then multiplied by the typical fee charged for a new dwelling, rather than a flat new-construction fee.
Do I need a new utility connection for a converted garage ADU?
Not usually. A converted ADU built within the existing space of a single-family home or its accessory structure is not required to have a separate utility connection or pay a connection fee or capacity charge, unlike a new detached ADU built with a new home.

Sources & Official References

Other rules in San Clemente

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