A. Residential Property. A storm drainage fee shall be assessed and levied upon the owner of residential property located within the city, including any public agency owning residential property located within the city, at any time the owner of such property:
1. Commences to use the property for residential purposes by constructing a building on the property containing one or more dwelling units;
2. Expands an existing residential use on the property either by expanding the area of the property devoted to such existing residential use or by constructing alterations or additions to an existing building on the property which adds one or more dwelling units to such building; or
3. Changes the use of the property from a previous nonresidential use to a residential use.
B. Nonresidential Property. A storm drainage facility fee shall be assessed and levied upon the owner of nonresidential property located within the city, including any public agency owning nonresidential property located within the city, at any time the owner of such property:
1. Commences to use the property for a nonresidential purpose by devoting all or any part of the property to a nonresidential use;
2. Expands an existing nonresidential use of the property by expanding the area of the property devoted to such existing nonresidential use; or
3. Changes the use of the property from a previous residential use to a nonresidential 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.
C. Mixed Used Projects. A transportation facility fee, consisting of a street facility improvement fee, a street maintenance equipment fee and a bikeway improvement fee shall be assessed and levied upon the owners of a mixed use project, however, the mixed uses may be divided into separate fee categories (e.g. residential, non-residential) based on varying uses by building story (vertical) or reasonable separation on the same level (horizontal), so long as the different uses do not support the higher intensity use. Supporting uses will be considered as part of the more intense use for fee category determination. Subsequent changes in use may require payment of fees to account for a more intense use.
(Ord. 1956 §1 (part), Ord. 2521 §15)