A. The Measure A development impact fee established by this chapter shall be imposed on the following types of uses or development of real property located within the benefit district areas as referenced in section 18.48.040.A:
1. For nonresidential uses or development:
a. The construction on the property of a new building or structure; or
b. The construction on the property of additions to an existing building or structure which results in the expansion in the size or use of such existing building or structure.
2. For residential uses or development:
a. The construction on the property of a new building or structure containing one or more dwelling units; or
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.
3. For nonresidential and residential uses or development within the same building or structure, the computation of fees as set out in section 18.48.090 apply.
4. When a new project changes the prior established use of an existing building, the fee may be applied only to the extent that the new use increases average daily trips (ADTs) over the prior use. Determination of ADTs for the purposes of comparing previous and proposed uses shall be by reference to trip generation rates obtained from the Institute of Traffic Engineers (ITE). When the city determines that a project qualifies for a credit pursuant to this provision, it shall determine the fee reduction by comparing the rates applicable to the prior and new uses as designated in the fee schedule and calculating the resulting offset. In the alternative, where a proposed land use is not clearly listed in the fee schedule, the fee shall be calculated as follows: the difference between the previous ADTs and the new ADTs at the property, multiplied by the normalized cost per trip.
B. Except as 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 are paid to the city in accordance with the provisions of this chapter, except that for residential developments under a fee payment contract as specified in California Government Code section 66007, building permits may be issued but no final inspection or certificate of occupancy shall be granted unless and until the appropriate development impact fee or fees are paid to the city. As provided in California Government Code section 66007(a), for a residential development that contains more than one dwelling unit, the fees may be paid on a pro rata basis for each dwelling unit when it receives its final inspection or certificate of occupancy, whichever occurs first.
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 apply to any development project that has either received a tentative map approval or other approval or permit, whether discretionary or nondiscretionary, or is subject to a development agreement or other agreement between the landowner and city that provides for payment of one or more fees established under this chapter. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)