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• <br /> 1 (A) No impact fee is required for an ADU that is less than 750 <br /> square feet in size. For purposes of this subsection(g)(1), <br /> 2 "impact fee"means a"fee"under the Mitigation Fee Act(Gov. <br /> 3 Code § 66000(b)) and a fee under the Quimby Act(Gov. Code <br /> § 66477). "Impact fee"here does not include any connection <br /> 4 fee or capacity charge for water or sewer service. <br /> 5 (B) Any impact fee that is required for an ADU that is 750 square <br /> feet or larger in size must be charged proportionately in <br /> 6 relation to the square footage of the primary dwelling unit. <br /> 7 (E.g.,the floor area of the ADU, divided by the floor area of <br /> the primary dwelling, times the typical fee amount charged for <br /> 8 a new dwelling.) <br /> 9 (2) Utility Fees. <br /> 10 (A) If an ADU is constructed with a new single-family home, a <br /> 11 separate utility connection directly between the ADU and the <br /> utility and payment of the normal connection fee and capacity <br /> 12 charge for a new dwelling are required. <br /> 13 (B) Except as described in subsection(g)(2)(A), converted ADUs <br /> on a single-family lot that are created under subsection <br /> 14 (d)(1)(A) above are not required to have a new or separate <br /> 15 utility connection directly between the ADU and the utility. <br /> Nor is a connection fee or capacity charge required. <br /> 16 (C) Except as described in subsection(g)(2)(A), all ADUs that are <br /> 17 not covered by subsection(g)(2)(B) require a new, separate <br /> utility connection directly between the ADU and the utility. <br /> 18 <br /> (i) The portion of the fee or charge that is charged by the <br /> 19 City may not exceed the reasonable cost of providing <br /> this service. <br /> 20 <br /> 21 (h) Nonconforming Zoning Code Conditions, Building Code Violations, and <br /> Unpermitted Structures. <br /> 22 <br /> (1) Generally. The City will not deny an ADU or JADU application due to a <br /> 23 nonconforming zoning condition, building code violation, or unpermitted <br /> 24 structure on the lot that does not present a threat to the public health and safety <br /> and that is not affected by the construction of the ADU or JADU. <br /> 25 <br /> (2) Unpermitted ADUs constructed before 2018. <br /> 26 <br /> (A) Permit to Legalize.As required by state law,the City may not <br /> 27 deny a permit to legalize an existing but unpermitted ADU that <br /> 28 <br />