Under California Government Code Section 65852.2(f)(3) and San Jose Municipal Code Section 20.30.150, ADUs under 750 sq ft are exempt from all city impact fees including the Building and Structure Construction Tax, the Commercial-Residential-Mobile Park Tax, and park dedication fees. ADUs of 750 sq ft or larger pay impact fees prorated by floor area relative to the primary dwelling. Utility connection fees are capped for conversions of existing space.
San Jose's fee schedule mirrors state law. The city collects Building and Structure Construction Tax, Commercial-Residential-Mobile Park Construction Tax, Park Impact Ordinance fees, Construction Tax, and Traffic Impact Fees on new dwellings, but for ADUs under 750 sq ft these are statutorily waived by Gov. Code 65852.2(f)(3). For ADUs 750 sq ft and larger, fees are charged proportional to the ADU's floor area divided by the primary dwelling's floor area. School fees are set by the local school district (not the city) and can still apply but typically only above the 500 sq ft threshold. Conversions of existing legal space (garage to ADU, basement to ADU) avoid most utility connection fees because no new water or sewer service is required. Permit fees and plan check fees remain payable regardless of size. San Jose publishes a current fee schedule that homeowners should pull before pricing a project.
Failing to pay assessed fees before permit issuance simply prevents the permit from being issued. There is no penalty per se. If an unpermitted ADU is later legalized, all otherwise-applicable fees are collected based on the current schedule plus a double-fee penalty for after-the-fact processing.
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See how San Jose's adu impact fees rules stack up against other locations.
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