ADU Impact Fees: San Jose vs Sunnyvale
How do adu impact fees rules compare between San Jose, CA and Sunnyvale, CA?
San Jose and Sunnyvale have similar restriction levels.
San Jose, CA
Santa Clara County
Under California Government Code Section 65852.2(f)(3) and San Jose Municipal Code Section 20.30.150, ADUs under 750 sq ft are exempt from all city impact fees including the Building and Structure Construction Tax, the Commercial-Residential-Mobile Park Tax, and park dedication fees. ADUs of 750 sq ft or larger pay impact fees prorated by floor area relative to the primary dwelling. Utility connection fees are capped for conversions of existing space.
View full San Jose rules βSunnyvale, CA
Santa Clara County
Under California Government Code 65852.2(f)(3), Sunnyvale ADUs under 750 square feet are exempt from all city impact fees. ADUs 750 square feet or larger pay impact fees proportional to the primary dwelling. Sunnyvale's own permit and plan-check fees are moderate by Silicon Valley standards.
View full Sunnyvale rules βKey Facts Comparison
| Fact | San Jose | Sunnyvale |
|---|---|---|
| Under 750 sq ft | All impact fees waived | - |
| Authority | Gov. Code 65852.2(f)(3) | Gov. Code 65852.2(f)(3) |
| 750 sq ft and Up | Prorated by floor area | - |
| Conversion ADUs | Most utility fees avoided | - |
| School Fees | District sets, often >500 sq ft only | - |
| Sub-750 sq ft ADU | - | Exempt from all city impact fees |
| 750+ sq ft ADU | - | Proportional impact fees |
| Permit/Plan Check | - | ~$3,000-$6,000 (any size) |
| School Fees Authority | - | Ed. Code 17620 (~$5.17/sq ft) |
| BMR Trigger | - | 5+ units (not single ADU) |
Highlighted rows indicate differences between cities.
San Jose FAQ
Are San Jose ADU impact fees really $0 for a small unit?
Yes, for new-construction ADUs under 750 sq ft. State law preempts cities from charging impact fees on these units. Permit fees and plan check fees still apply, and the school district may charge separate fees depending on size.
What if my ADU is 800 sq ft - the city's detached cap?
Then it is no longer exempt under the 750 sq ft rule. The city collects impact fees prorated by the ADU's floor area relative to the main house. On a 2,000 sq ft house this works out to roughly 40 percent of the new-house fee schedule.
Sunnyvale FAQ
Are Sunnyvale ADUs charged impact fees?
ADUs under 750 sq ft are exempt from all city impact fees under California Government Code 65852.2(f)(3). This includes Sunnyvale park, traffic, and capital facilities fees as well as school impact fees. ADUs 750 sq ft and larger pay fees proportional to the primary dwelling's size.
What does a Sunnyvale ADU cost to permit?
Permit and plan-check fees typically run $3,000-$6,000 - moderate among Silicon Valley cities. ADUs under 750 sq ft skip all impact fees under state law. ADUs over 750 sq ft pay proportional impact and school fees on top of the permit cost.
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