Per Cal. Gov. Code § 65852.2(f)(3), Tulare cannot charge impact fees on any ADU under 750 sq ft. For ADUs 750 sq ft and larger, impact fees must be 'proportional in size' to the primary dwelling — typically computed as ADU sq ft divided by primary dwelling sq ft, then multiplied by the standard SFR impact fee. Standard building permit, plan check, school facility fees, and utility connection fees still apply.
Gov. Code § 65852.2(f) governs ADU fees: (1) ADUs under 750 sq ft are exempt from all impact fees (development impact fees, capacity charges, connection fees, school impact fees, traffic impact fees, drainage/sewer/water capacity fees other than reasonable actual connection costs); (2) ADUs ≥750 sq ft may be charged impact fees only in proportion to the square footage of the primary dwelling, with no flat fee allowed. School impact fees on ADUs ≥500 sq ft were preserved by Ed. Code § 17620(a)(1)(C)(i), but only on a proportional basis. Standard building permit fees (plan check, building inspection) under TMC Title 15 and Tulare's adopted master fee schedule are not impact fees and apply normally. Sewer and water utility connection costs at actual reasonable cost are allowed but cannot be inflated. The city must publish its ADU fee schedule. Friant-Kern Canal area dairy/ag context: Tulare assesses water capacity fees that drop substantially for sub-750 sq ft units; check the current Tulare master fee schedule before estimating ADU cost.
If Tulare charges an impact fee on a sub-750 sq ft ADU, the charge is invalid under Gov. Code § 65852.2(f)(3) and refundable on demand. The Mitigation Fee Act (Gov. Code § 66020) sets the 90-day protest deadline from fee payment for any improperly imposed charge.
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