Visalia cannot charge impact fees on ADUs under 750 square feet under California Government Code §65852.2(f)(3)(A), which preempts local fee schedules. For ADUs 750 sf and larger, impact fees must be charged proportionally to the size of the primary dwelling. Visalia's standard impact fees fund streets, parks, fire, and public facilities and are collected at building permit issuance.
California Government Code §65852.2(f)(3)(A) prohibits Visalia from imposing any development impact fee on an ADU under 750 sf. This includes the City's Capital Improvement Project fees, park dedication in lieu fees, fire facility fees, and transportation impact fees normally collected at building permit. For ADUs between 750 sf and the maximum allowed size (typically 1,200 sf detached), Visalia may only charge impact fees proportional to the floor area of the primary dwelling — calculated as (ADU square footage ÷ primary dwelling square footage) × full impact fee. Utility connection fees are limited under state law: Visalia cannot require new or separate utility connections for ADUs created within an existing space, and connection fees for new detached ADUs must be proportional to the unit's size and burden under Gov. Code §65852.2(f)(2). School impact fees are governed by Education Code §17620 and are collected by the Visalia Unified School District, not the City. Building permit and plan check fees may still be charged at cost-recovery levels and are not considered impact fees.
Charging prohibited impact fees on a sub-750 sf ADU is a violation of state law; applicants may request a refund directly from Visalia Finance and may file a complaint with HCD under Gov. Code §65852.2(h), which authorizes HCD to take enforcement action against non-compliant local agencies.
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See how Visalia's adu impact fees rules stack up against other locations.
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