(A) A developer shall pay the development impact fee for each building in a nonresidential development or new square footage of a building in a nonresidential development, in an amount established by resolution of the City Council, prior to issuance of a building permit for that building. Construction which does not result in new square footage shall not be subject to a public facilities development impact fee.
(B) A building permit may be issued to a developer prior to payment of the development impact fee, if the developer qualifies as a nonprofit organization that is exempted from taxes by § 501 (c)(3) of the Internal Revenue Code of 1986. If, pursuant to this section, the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the nonresidential development encumbered thereby, the Community Development Director may require the property owner, or lessee if the lessee's interest appears of record, as a condition of issuance of the building permit, to execute a contract to pay the fee or charge, or applicable portion thereof, upon transfer of the nonresidential development, or the applicable portion thereof, to a purchaser that does not qualify as a nonprofit organization that is exempted from taxes by § 501 (c)(3) of the Internal Revenue Code of 1986. The contract shall be recorded with the Riverside County recorder and shall constitute a lien for the payment of the fee.
(C) However, this section shall not be construed to prevent payment of the fees prior to issuance of certificate of occupancy.
(Ord. 2022-364, passed 11-16-2022)