Possible to get an impact fee refund now that SB-13 is in effect?

Possible to get an impact fee refund now that SB-13 is in effect?

Rental Property Investor · Los Angeles, CA · Member since 2017 · 154 posts · 24 votes

Hi,

So last year around October 2019 my friend started the process of getting approval for an ADU in Southern California (Ventura county more specifically in the Moorpark area). They wrote a check for the school (impact) fee at the time dated towards the middle of November 2019. Now that SB-13 is effective - is it possible to get a refund on that check, esp. considering Gov. Newsom signed the bill in Oct 2019? The city just recently cashed the check this year, but my friend isn't sure on the legality of it.

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Investor · San Francisco, CA · Member since 2016 · 338 posts · 444 votes
6y

@Bruce P., You said your friend started the process, so I assume that means the ADU was not approved yet? If not, I would think they would have to refund the impact fee if they restart the application. And I believe the new law requires approval within 60 days. Obviously, every local jurisdiction works different - just offering an idea.

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  • Rental Property Investor · Long Beach, CA · Member since 2019 · 145 posts · 49 votes
    6y

    Only out of the goodness of their heart Bruce. Bummer.

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 154 posts · 24 votes
    6y

    Thanks for the answer @John A Murray, and yes it's a bummer.

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    6y

    Well,,, it never hurts to ask, right?  But, the new law didn't go into effect until Jan 1, 2020, I'm pretty sure.  So, the old law would have been in effect at the time.

    But, it does seem only fair, and the law is all about what is reasonable.  So, I'd sure ask.  And if my first request was denied, and it was worth it, I might next have an attorney ask.

    Too bad you can't sue the government in small claims court.

  • Investor · San Francisco, CA · Member since 2016 · 338 posts · 444 votes
    6y

    @Bruce P., You said your friend started the process, so I assume that means the ADU was not approved yet? If not, I would think they would have to refund the impact fee if they restart the application. And I believe the new law requires approval within 60 days. Obviously, every local jurisdiction works different - just offering an idea.

  • Rental Property Investor · Long Beach, CA · Member since 2019 · 145 posts · 49 votes
    6y

    Maybe you could back out of it, request a refund and apply again later? With thousand$ on the line anything is worth a try.

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