In determining the transportation facility fee to be assessed and levied upon the owner of residential or nonresidential property pursuant to the provisions of this chapter incident to the construction of a new building on such property, the reconstruction of a building on the property, the construction of alterations or additions to an existing building on the property or the change in use of an existing building on the property, the owner of the property shall be entitled to one or more of the following credits against such fee; provided, however, that no such credit or credits shall exceed the amount of the fee, nor shall any credit or credits be transferable from one property to another property. Note that credits shall only be given for the highest and most intense use dating back to November 4th, 1997, which is the date the city council adopted its first development impact fee program. In the downtown area (as delineated in the General Plan's Downtown Element), credits are allowed for past uses with no time limitation; however, proper documentation of the prior use must be furnished by the applicant if city records do not indicate such use.
A. Where the owner of residential property is changing the use of an existing building on such property from a residential use to a nonresidential use, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee which would have been assessed and levied pursuant to the provisions of this chapter for the previous residential use. Similarly, where the owner of nonresidential property is changing the use of an existing building or structure on the property from a nonresidential use to a residential use, or from a previous nonresidential use to another nonresidential use requiring a certificate of occupancy under the building regulations adopted by or pursuant to this code, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee which would have been assessed and levied pursuant to the provisions of this chapter for the previous residential or nonresidential use;
B. Where the owner reconstructs a building or structure or constructs a new building or structure on the property which contained a building or structure damaged or destroyed by fire or other casualty, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee that would have been assessed and levied pursuant to this chapter for the building or structure damaged or destroyed;
C. Where the owner reconstructs a building or structure or constructs a new building or structure on the property which contained a building or structure voluntarily demolished or ordered to be demolished by the building official, provided a demolition permit was issued and finalized at the time of demolition and provided that the building official has verified the last known use and square footage of the building or structure, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee that would have been assessed and levied pursuant to this chapter for the building or structure voluntarily demolished or ordered demolished; and
D. Where the owner constructs a new building or structure on the property which contained a building or structure that was removed by the owner to another property, the owner of the property shall be entitled to a credit against the transportation facility fee assessed and levied pursuant to the provisions of this chapter in an amount equal to the transportation facility fee that would have been assessed and levied pursuant to this chapter for the building or structure removed from the property.
(Ord. 1956 §1 (part), Ord. 2391, Ord. 2521 §10)