§ 5.01.261 EXEMPTIONS.
   The following development projects are exempt from paying the traffic impact fee:
   (A)   Building permits for certain types of development are exempt from the requirements of this ordinance since this type of development does not significantly add to the impact on transportation and transit facilities. The following types of development are exempt from the requirements of this article: building permits for:
      (1)   Pools;
      (2)   Fences;
      (3)   Storage structures for existing uses, when (a) the structure will not be used for human occupancy, and (b) the additional storage structures will not result in additional traffic to/from the subject property. This exemption shall not apply to vacant or unimproved land; and
      (4)   Additions or alterations with a value of $5,000 or less.
   (B)   No traffic impact fee shall apply to the reconstruction of any residential, commercial or industrial structure that is damaged or destroyed as a result of a natural disaster, as declared by the Governor of the State of California. Any reconstruction which is not substantially equivalent to the damaged or destroyed property shall be deemed new construction and to that portion the traffic impact fee shall apply.
   (C)   If a structure is destroyed by a fire or other natural calamity, which is not proclaimed a natural disaster by the Governor of the State of California, no traffic impact fee shall be required for the replacement of the existing structure when the replacement structure contains the same, or less, square footage as the previously existing structure. If the replacement structure contains more square footage than the previously existing structure, the traffic impact fee shall apply only to the excess square footage.
   (D)   If an applicant desires to voluntarily destroy an existing structure, no impact fee shall apply for the replacement of the existing structure when the replacement structure contains the same, or less, square footage as the previously existing structure. If the replacement structure contains more square footage than the previously existing structures, the traffic impact fee shall apply only to the excess square footage. This exemption applies only when an applicant applies for a development permit and waiver of impact fees in advance of the destruction of the previously existing structure and only if the previously existing structure could have been legally occupied at the time of destruction.
(1966 Code, § 15B-12) (Ord. 554, § 1(part); Ord. 890, § 1)