21.48.070   Adjustments to impact fees.
   A.   Adjustment for Inflation. On an annual basis, and in connection with the preparation and review of the city's annual budget, the minimum and alternative traffic impact fees shall be increased by any annual increase in the construction cost index for Los Angeles or the surrounding areas as published in the Engineering News Record. Any further or other adjustments to the traffic impact fee shall require an engineering report, public hearing, and findings pursuant to Section 21.18.030.
   B.   Credit for Fees Paid. If traffic impact fees have been paid under this chapter or any prior ordinance and the development project subsequently modified in a manner which would increase traffic impacts, any previously paid fees shall be credited against the new total fee due, as determined by the director of public works; provided, however, that, in no event, shall the city refund fees previously paid because of a change in land use.
   C.   Change in Use. Development impact fees for additions to, or replacement or intensification of an existing nonresidential use, shall be paid only on the net increase in habitable and enclosed square footage of building compared to that which existed within the territory of the city as of January 1, 2003.
(Ord. 2003-10-1323 § 8)