Per Cal. Gov. Code 65852.2(f) and 66311.5, ADUs under 750 sq ft pay NO impact fees in Sonoma. ADUs 750 sq ft or larger pay impact fees proportionate to the ratio of ADU square footage to the primary dwelling's square footage, collected at final inspection or certificate of occupancy.
Sonoma follows state law on ADU impact fees: ADUs smaller than 750 sq ft of interior livable space are exempt from ALL impact fees imposed by local agencies, special districts, and water corporations (Cal. Gov. Code 66311.5, codifying former 65852.2(f)). For ADUs of 750 sq ft or more, SMC 19.45.040 requires that any impact fee be charged proportionately based on the ratio of the ADU's square footage to the primary dwelling's square footage - so a 1,000 sq ft ADU attached to a 2,000 sq ft house pays 50% of the fee that would apply to a new full-size home. Per AB 671 and subsequent ADU legislation, impact fees on qualifying ADUs over 750 sq ft are collected at final inspection or certificate of occupancy issuance, not upfront. JADUs (max 500 sq ft) are by definition under 750 sq ft and therefore impact-fee-exempt. School impact fees can still apply to ADUs 500+ sq ft under Ed. Code 17620, but per HCD guidance these must also be proportional.
Improperly charged impact fees on ADUs under 750 sq ft can be challenged with the City of Sonoma and the California Department of Housing and Community Development (HCD). HCD has enforcement authority over local non-compliance with state ADU law. Building permit issuance conditioned on payment of prohibited impact fees would itself violate Cal. Gov. Code 66311.5 and 65852.2.
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