A. The city may impose fees consistent with subsequent articles in this chapter.
B. Reduction of fees.
1. Offset: buildings or structures. Except as provided under subsection C, for a change of use of an existing building or structure or for replacement of an existing building or structure, the amount that would otherwise be paid on an existing use will be an offset against the fee for the change in use. An offset that exceeds the fee for the change in use or replacement results in a fee of zero.
2. Fees previously paid. The amount of a paid fee for which the right to a refund is waived as provided for under section 18.56.135.F and for which no refund is provided under section 18.56.140 will be a credit toward the subsequent imposition of that fee on a development project on the same property:
a. The city, in its sole discretion, determines the fee was previously paid, determines the amount of the fee previously paid, and determines the amount not refunded.
b. The applicant is responsible to pay the fee in excess of the credit at the time of the payment of fees under 18.56.135.
c. If the property on which the fee was previously paid is subsequently divided or subdivided in any way, the amount of the credit will be allocated pro rata to the resulting parcels as determined by the city in its sole discretion. Only the amount of a fee allocated to a parcel will be available as a credit to reduce the fees subsequently imposed on a development project on that parcel.
3. Development credits. Any claim for the use of development credits must be made by the time of imposition of the fees under 18.56.135. Any claim not made by that time is deemed waived. Development credits cannot be provided for infrastructure funded by grants.
C. Except as provided in any subsequent article, the following activities are exempt from the fees established under this chapter:
1. Alteration, renovation, or expansion of an existing residential structure if no additional dwelling units are created and the use is not changed.
2. Replacement or repair of a structure or building that is destroyed or damaged within the last three years, provided the new or repaired structure or building is of the same size or less and same use.
3. Alteration or renovation, but not expansion, of a structure or building that is designated under chapter 17.604 as a landmark or contributing resource on the Sacramento Register.
D. Exemptions under subsection C shall be determined by the city manager no later than the time the applicant files the first building permit application necessary for a development project.
E. Date of imposition; notice. The fees described in subsection A, including any reduction pursuant to subsection B, are deemed "imposed" for purposes of the Mitigation Fee Act when the city manager gives the applicant or subdivider a written notice that does both of the following:
1. States the amount of the fees as final; and
2. Explains that the applicant or subdivider may protest the fees in accordance with section 18.56.155. The notice must include the full text of that section.
F. Fees imposed on building permits are the fees in effect as of the date of acceptance of a complete building permit application. Fees imposed on maps are fees in effect as of the date of the submittal of the recordable map (which includes final map, parcel map, master parcel map or first phased final map, or certificate of compliance) as determined by the city manager.
G. Except as otherwise expressly provided, the city shall not issue building permits and shall not record any map described in subsection A unless and until the fees required by this chapter have been paid as required.
H. Except as provided in any subsequent article, the fees required by this chapter apply to the following:
1. A development project that has previously received from the city a tentative map approval or other approval or a permit, whether discretionary or nondiscretionary, when the approval or permit was conditioned upon payment of fees established under this code to implement an applicable finance plan.
2. A development project that is subject to a development agreement or other agreement between the land-owner and city that requires the payment of fees established under this code to implement an applicable finance plan.
I. Except as provided in any subsequent article, the fees and interest income from those fees shall not be used to make inter-fund transfers or loans. (Ord. 2017-0010 § 1)