(A) The Mayor and Common Council declare the purpose of this chapter is to provide for the means to finance adequate infrastructure and other public improvements and facilities made necessary by the impacts created by new development in the City of San Bernardino in order to promote the health, safety, and welfare of the citizens of San Bernardino. This chapter shall apply solely to construction of new dwelling units, or new commercial or industrial square footage within the city.
(B) The following are specifically exempt from the provisions of this chapter:
(1) Additions or improvements to dwelling units after construction is complete, unless such additions or improvements (a) increase the number of dwelling units on the property, as defined herein, and (b) are not secondary residential units, as defined herein.
(2) Government/public buildings, public schools, or other public facilities.
(3) The rehabilitation and/or reconstruction of any legal, residential structure and/ or the replacement of a previously existing dwelling unit.
(4) The rehabilitation and/or reconstruction of any commercial or industrial structure where there is no net increase in square footage of the structure. Any increase in square footage of the structure shall pay the current applicable development impact fees for such increase.
(5) Development projects that are the subject of a Development Agreement entered into pursuant to Government Code Section 65864 et seq., prior to the initial effective date of this chapter, wherein the imposition of new fees is expressly prohibited; provided, however, that if the term of such Development Agreement is extended after the initial effective date of this chapter, the development impact fees shall be imposed