§ 5.01.322 EXEMPTIONS.
   The following development projects are exempt from paying the impact fee:
   (A)   (1)   Building permits for certain types of development are exempt from the requirements of this article since this type of development does not significantly add to the impact on capital improvements. The following types of development are exempt from the requirements of this article.
      (2)   Building permit for:
         (a)   Pools;
         (b)   Fences; and
         (c)   Additions or alterations with a value of $5,000 or less.
   (B)   (1)   No law enforcement 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 law enforcement impact fee shall apply.
      (2)   No law enforcement impact fee shall apply for an applicant who desires to voluntarily destroy an existing structure for a replacement structure if 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 law enforcement 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 the law enforcement impact fee in advance of the destruction of the previously existing structure and only if the previous existing structure could have been legally occupied at the time of destruction.
   (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 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 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 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 previous existing structure could have been legally occupied at the time of destruction.
(1966 Code, § 15D-13) (Ord. 574, § 1(part); Ord. 962, § 15, 2017)