18.56.440 Exemptions.

   In addition to the exemptions set forth in subsection C of section 18.56.125, the following nonresidential development projects are exempt from the provisions of this article:

   A.   Nonresidential development projects that are located on property owned by the State of California or the United States of America, or any of their agencies, with the exception of property not used exclusively for governmental or educational purposes; provided, however, this article shall apply at the time a nonresidential development project no longer meets the requirements for exemption. Compliance with this article shall be the obligation of the owner of the land on which the project is located when the project no longer meets the exemption requirements. If the land is owned by the State of California or the United States of America, but another party holds a possessory interest in the land, then the holder of the possessory interest shall comply with this article;

   B.   Any commercial building area that is part of a mixed-use multi-unit dwelling where more than 50% of the gross area is devoted to dwelling units and at least 20% of the dwelling units are restricted to occupancy by low-income households as evidenced in a regulatory agreement;

   C.   The use is operated by a nonprofit organization that provides food storage, meal service, or temporary shelter to the homeless;

   D.   The use is operated by a nonprofit organization that provides essential services (such as medical or emergency care) without cost to the recipient and serves primarily low-income households;

   E.   Carports and garages;

   F.   Temporary commercial uses and buildings; and

   G.   Any use made exempt by resolution of the city council. (Ord. 2017-0013 § 1)

18.56.450 Special fee determinations.

   A.   The city manager shall determine and calculate the housing trust fund fee in accordance with section 18.56.130. In the following situations, however, the city manager shall determine and calculate the housing trust fund fee on a case-by-case basis:

      1.   When the use requires a special fee determination as indicated in the fee resolution adopted under section 18.56.420;

      2.   When the use does not fall into one of the categories listed in the fee resolution adopted under section 18.56.420; and

      3.   When the city manager determines that due to the unique characteristics of the nonresidential development project, the project's anticipated employee density is not consistent with the employee densities for the uses listed in the fee resolution.

   B.   The city manager's determination of employee density pursuant to this section may be based on any of the following:

      1.   Data concerning anticipated employee density for the project submitted by the applicant;

      2.   Employment surveys or other research on similar uses submitted by the applicant or independently undertaken by the city manager; or

      3.   Any other data or information the city manager determines relevant.

   C.   Any application for a special fee determination under this section shall be accompanied by information sufficient to enable the city manager to make a determination of employee density under this section. (Ord. 2017-0013 § 1)