Owner appeals school impact fee assessment for pre‑2020 ADU, cites AB 2533 and HCD determination

A property owner who purchased a home with a pre‑existing attached accessory dwelling unit asked the Orange Unified board on June 18 to exempt and refund school impact fees he said were wrongly assessed for ADU legalization.

Daniel Bach, representing the owner of APN 041-141-15 (470 S. Pixley Street, Orange), told the board the unit was part of the building envelope since the 1920s and that the state's AB 2533 amnesty provisions bar retroactive impact fees on qualifying pre‑2020 units. He said the district had been provided with a written determination from the California Department of Housing and Community Development (HCD) finding the project exempt and recommending refund of any fees collected in error.

Bach also cited California Government Code section 66311.7 and 66311.5, argued that the municipal building department had found no net new accessible space on the permit, and referenced county appellate precedent he said limits districts from charging impact fees on existing square footage. He asked the board to authorize a refund and exemption to allow the owner to complete permits without resorting to litigation.

The board took the appeal under advisement and scheduled a formal decision for the July board meeting. District staff signaled they will review the documentation, consistent with the board's stated plan to address the matter at a future meeting.

No vote or immediate action was taken at the June hearing; the district will review the owner's materials and the HCD correspondence prior to the July agenda.