The provisions of this chapter shall not apply to:
(a) City buildings or structures.
(b) Public school buildings or structures.
(c) Affordable Housing, either for sale or rental, which, by recordable means, is permanently obligated to be 100% affordable.
(d) Retail service, eating and drinking service, personal service, or automotive service when the total square footage (including new development) is 1,500 square feet or less.
(e) Day care centers used for childcare, nursery school or preschool education.
(f) Below market rate housing units above and beyond the minimum number required for projects subject to the city's Below Market Rate (BMR) Housing Program. The additional units must be offered and constructed consistently with the requirements of the BMR program.
(g) Accessory dwelling units (ADU) established by the conversion of an existing garage or carport, provided that the existing garage or carport was legally constructed, or received building permits, as of January 1, 2017, and is converted to an ADU with no expansion of the existing building envelope.
(h) Junior accessory dwelling units (JADU).
(i) New development which is exempt from the fee by virtue of the Constitutions of the United States and California or by virtue of other applicable state or federal law.
(Ord. 5456 § 4, 2018: Ord. 4880 § 2 (part), 2005)