Per Cal. Gov. Code §65852.2(f), Stockton CANNOT charge impact fees on ADUs under 750 sq ft. ADUs 750 sq ft or larger are charged impact fees proportional to the primary dwelling's square footage. Pre-January 1, 2020 unpermitted ADUs that legalize through Stockton's amnesty program are exempt from impact fees.
California Government Code §65852.2(f)(3)(A) prohibits any local impact fee on ADUs smaller than 750 sq ft — this includes school fees, traffic mitigation, park, and water/sewer connection impact fees. For ADUs 750 sq ft or larger, §65852.2(f)(3)(B) requires impact fees to be charged proportionally to the square footage of the primary dwelling unit (so a 1,000 sq ft ADU on a 2,000 sq ft primary home pays 50% of the fees that primary home paid). Stockton's posted ADU policy independently confirms that homeowners legalizing ADUs built before January 1, 2020 are exempt from impact fees unless utility infrastructure upgrades (water/sewer service capacity, electrical service upgrades) are required. Standard building permit fees, plan-check fees, and connection fees that reflect actual costs are not 'impact fees' and remain payable.
If Stockton charges a prohibited impact fee on a sub-750 sq ft ADU, the applicant may demand a refund under Gov. Code §66020 (Mitigation Fee Act protest). Failure to pay legitimate building permit and plan-check fees, however, will prevent issuance of permits and is enforceable through stop-work orders under SMC Title 15.
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