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

[Bruce P.]

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.

[Robert C.]

@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.