California law prohibits Ventura from charging impact fees on ADUs under 750 square feet (Gov. Code § 66477.5, formerly § 65852.2(f)(3)). ADUs of 750 sq ft or larger may be charged impact fees proportional to the primary dwelling's square footage.
Government Code § 66477.5 (renumbered by SB 477, 2024, from former § 65852.2(f)(3)) bars local agencies, special districts, and water corporations from imposing any impact fee on an ADU smaller than 750 square feet. 'Impact fee' includes development impact fees, capacity charges, connection fees, and similar exactions but does not include actual utility connection costs reflecting work performed. For ADUs of 750 sq ft or more, any impact fee charged must be proportional in size to those imposed on the primary dwelling, calculated as a ratio of ADU floor area to primary dwelling floor area. School impact fees follow Education Code § 17620 and Gov. Code § 65995, with parallel proportionality requirements. Ventura's local Permit Fee Estimator includes ADUs; standard plan check and building permit fees still apply, but development impact fees on sub-750 sq ft ADUs are barred.
If the city charges an impact fee on an under-750-sq-ft ADU, the applicant may demand a refund and seek HCD enforcement under Gov. Code § 65852.2(j), which authorizes HCD to issue notices of violation and refer matters to the Attorney General.
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