A. Except as provided in Sections 16.36.040 and 16.36.050, a developer shall pay a public facilities development impact fee for each building in a non-residential development or new square footage of a building in a non-residential 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. Notwithstanding subsection A of this section, a building permit may be issued to a developer prior to payment of a public facilities development impact fee, if the developer qualifies as any nonprofit organization that is exempted from taxes by Section 501(c)(3) of the Internal Revenue Code of 1986. If, pursuant to this paragraph, the required fee is not fully paid prior to issuance of a building permit for construction of any portion of the non-residential development encumbered thereby, the development services director may re-quire 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 non-residential development, or the applicable portion thereof, to a purchaser that does not qualify as a nonprofit organization that is exempted from taxes by Section 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.
(Ord. 196 § 1 (part), 1998)