A. The city council declares the purpose of this section is to provide for the orderly, fair and fiscally sound development of property located with in the city of Pinole in order to promote the health, safety and welfare of the residents of Pinole and to comply with the provisions of Government Code Section 66000, et seq. or any applicable successor statutes.
B. The impact fee program established by this section and any subsequently adopted development impact fees shall apply to all new development or development projects as defined in Chapter 3.20 of this code, with the following exceptions:
1. Development projects for which a final map, as described in Title 16 of the Pinole Municipal Code, or any successor code section or ordinance of the city, has been duly approved by the City Council and recorded as of the effective date of this chapter, provided the project is built in conformance with the final map and pays all applicable development impact fees previously imposed.
2. Government/public buildings, public schools, or other public facilities.
3. Alteration, remodeling, rehabilitation and/or reconstruction of, or additions to, any existing legal residential structure where no additional dwelling units are created and/or the use is not changed. Any change in use or increase in the number of dwelling units shall pay the current applicable development impact fees for such use or increase.
4. Alteration, remodeling, rehabilitation and/or reconstruction of any existing legal non-residential structure where there is no net increase in square footage of the structure and/or the use is not changed. Any change in use or increase in square footage of the structure shall pay the current applicable development impact fees for such use or increase.
5. Development projects that are the subject of a development agreement entered into pursuant to Government Code Section 65864 et seq. prior to the initial effective date of this section, wherein the imposition of new fees is expressly prohibited; provided, however, if the term of such development agreement is extended after the initial effective date of this section, the development impact fees shall be imposed.
6. Disposition and development agreements "DDA's" entered into prior to the effective date of this section, unless the specific provisions of such a DDA provide for or permit the imposition of impact fees that may be later established by the city.
7. Development projects with an approved tentative subdivision maps(s) or recorded lots that are vested pursuant to Government Code Sections 66498.1 through 66498.9 or other applicable laws vesting the development project and affecting the collection of development impact fees.
8. Development projects where a building permit has been obtained prior to the effective date of this section. (Ord. 2008-03 § 2 (part), 2008)