Stockton is bound by Cal. Gov. Code §65852.2(f)(3)(A), which prohibits any local agency — including Stockton — from charging impact fees on an ADU under 750 square feet. ADUs of 750 sf or greater may be charged impact fees, but the amount must be proportional in square footage to the burden the primary dwelling unit imposes. Pre-2020 unpermitted ADUs being legalized are also exempt from impact and connection fees except where utility infrastructure is actually required.
Under state law (Cal. Gov. Code §65852.2(f)(3)(A)), Stockton cannot impose city, special district, water, or sewer connection or capacity impact fees on ADUs smaller than 750 sf — this is an absolute, state-mandated waiver. For ADUs at or above 750 sf, §65852.2(f)(3)(B) caps any city impact fee at an amount proportional in square footage to the primary dwelling's impact fee. Stockton implements a separate legalization waiver for unpermitted ADUs/JADUs built before January 1, 2020: under city policy authorized by Health and Safety Code §17920.3, those owners are exempt from impact fees and from connection or capacity charges except where new utility infrastructure must actually be installed. Standard Stockton building permit and plan check fees still apply to all ADUs. Stockton Unified School District and Lincoln Unified School District may collect Level 1 developer fees under Cal. Ed. Code §17620 on ADUs of 500 sf or more — the 750-sf impact-fee waiver does not preempt school fees. Sewer connection fees from the City of Stockton Municipal Utilities Department and water hookup charges from Cal Water follow the same proportional-size rule for ADUs over 750 sf.
Charging a prohibited impact fee on a Stockton ADU under 750 sf can be challenged through refund demand and is subject to California HCD noncompliance review under Cal. Gov. Code §65852.2(h). The applicant may also seek a writ of mandate.
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