A. The development impact fees established under this chapter shall be imposed on real property located within the Willowcreek project area based upon the following types of development:
1. For residential property:
a. The construction on the property of a new building or structure containing one or more dwelling units;
b. The construction on the property of alterations or additions to an existing building or structure which add one or more dwelling units to such existing building; or
c. The change in use of an existing building or structure on the property from a previous nonresidential use to a residential use, provided that the landowner shall be entitled to a credit against fees in the amount of fees which were actually paid for such previous nonresidential use, which prior fees shall be adjusted for inflation consistent with Section 18.32.140 of this chapter.
2. For nonresidential property:
a. The construction on the property of a new building or structure;
b. The construction on the property of alterations or additions to an existing building or structure which results in the expansion in the size or use of such existing building or structure; or
c. The change in use of an existing building or structure on 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 city or pursuant to this code, provided that the landowner shall be entitled to a credit against fees in the amount of fees which were actually paid for such previous residential or nonresidential use, which prior fees shall be adjusted for inflation consistent with Section 18.32.140 of this chapter.
B. Except as may be expressly provided in this chapter, no building permits or extension of permits relating to the activities described in subsections (A)(1) and (A)(2) of this section shall be granted unless and until the appropriate development impact fee or fees have been paid to the city in accordance with the provisions of this chapter.
C. Notwithstanding anything to the contrary set forth in subsection A of this section or in any other provision in this chapter, the development impact fees established pursuant to this chapter shall apply to any development project (1) which has heretofore received a tentative map approval or other approval or permit, whether discretionary or nondiscretionary, from the city, where the approval of the same has been conditioned upon payment of the fees established as a result of the implementation of the Willowcreek financing plan/nexus study, or (2) which is subject to a development agreement or other agreement between the landowner and city which requires the payment of fees established as a result of the implementation of the Willowcreek financing plan/nexus study. (Prior code § 84.09.905)