(A) Any person who, after the effective date of the ordinance codified in this chapter, seeks to develop land within the city by applying for a building permit or applying for any discretionary land use permit, is hereby required to pay the appropriate development impact fees established pursuant to this chapter as the same may be applicable, in the manner, amount and for the purposes therein referenced.
(B) No permits or extension of permits for the activities referenced in division (A) of this section shall be granted unless and until the appropriate development impact fees hereby required have been paid to the city.
(C) Notwithstanding anything to the contrary set forth in division (A) of this section or in any other provision of this chapter, the development impact fees as established pursuant to this chapter shall not apply to any development project which has heretofore received a tentative map approval or other discretionary land use approval from the city, prior to the effective date of the ordinance codified in this chapter, nor to any application for approval which was submitted in completed form to the city prior to October 22, 2019; provided that:
(1) Any portion of a development project which has already received discretionary approval, or for which a completed application has been submitted prior to October 22, 2019, which requires future discretionary approvals, shall be subject to the fees in effect at the time of such further approvals. For purposes of this division (C)(1) only, a design review application requirement is not deemed to be an additional discretionary land use permit with reference to existing lots of 20,000 square feet or less zoned multiple family, commercial or industrial;
(2) Any portion of an existing development project, or an existing lot zoned multi-family, commercial or industrial, consisting of 20,000 square feet or less, which requires no further discretionary land use approvals, other than design review application approval, not completed within two years of the effective date of the ordinance codified in this chapter shall be subject to the development impact fees in effect as of the time that building permits are issued. For purposes of this division (C)(2) only, completion within two years of the effective date hereof, shall mean the existence of a lot created by an approved map which requires no additional discretionary land use permit or approval; and
(3) Provided further that any existing approvals, which expire after October 22, 2020, shall be required to pay the development impact fees in existence at the time of issuance of a building permit, as a condition of the granting of any extension of time for the approval.
(D) Any person who, after the effective date of this chapter, installs a second dwelling unit on a single family parcel, in accordance with Chapter 10.144 of the Municipal Code, is hereby required to pay development impact fee equal to 50% of the appropriate fees for single-family residences otherwise established pursuant to this chapter.
Editor's note:
Ord. 1723 was adopted as an emergency measure on January 4, 1994, to clarify the City Council's intent, when § 8.56.040 was originally adopted. As an emergency measure Ord. 1723 went into effect immediately.
(Ord. 19-08, passed 12-17-2019)