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12/07/2015 <br /> C. The housing impact fee shall not apply to developers of residential or <br /> nonresidential development projects which fall within one or more of the following <br /> categories: <br /> 1. Residential or nonresidential development projects located on <br /> property owned by the state of California, the United States of America, or any of its <br /> agencies and used exclusively for governmental or educational purposes. <br /> 2. Any structure proposed to repair or replace a building that was <br /> damaged or destroyed by fire or other calamity, so long as the square footage and use of <br /> the building remains the same, and construction of the replacement building begins within <br /> one year of the damage's occurrence. <br /> 3. Residential or nonresidential development projects to the extent they <br /> have received a vested right to proceed without payment of housing impact fees pursuant <br /> to state law, including those that are the subject of development agreements currently in <br /> effect with the City, if such development agreements were approved prior to the effective <br /> date of this Article and where such agreements expressly preclude the city from requiring <br /> payment of the housing impact fee. <br /> 4. Residential or nonresidential development projects for which <br /> applications have been deemed complete prior to September 21, 2015. <br /> 5. Other uses that may be specified by resolution of the City Council. <br /> Section 18.271. —Alternatives to Payment of Housing Impact Fee: <br /> A. As an alternative to compliance with the basic provisions included in Section <br /> 18.269 of this Article, developers of residential or nonresidential development projects <br /> may propose to mitigate the affordable housing impacts of such development through the <br /> construction of affordable units on site or through an alternative mitigation program <br /> proposed by the developer and the community development director, such as the <br /> provision of off-site affordable units, donation of land for the construction of affordable <br /> units, or purchase of existing units for conversion to affordable units. <br /> 1. The City Council may adopt by resolution the percentage of <br /> affordable units needed to mitigate the impact of residential or nonresidential <br /> development projects on the need for affordable housing. <br /> 2. Any affordable rental or for-sale units proposed as an alternative to <br /> the payment of the housing impact fee shall be subject to the requirements described in <br /> Section 18.272 of this Article. <br /> 3. If a developer proposes to provide affordable rental units, then, to <br /> ensure compliance with the Costa-Hawkins Rental Housing Act (Chapter 2.7 of Title 5 of <br /> Part 4 of Division 3 of the Civil Code), the City may only approve such a proposal if, as <br /> required by Civil Code Sections 1954.52(b) and 1954.53(a)(2), the developer agrees in a <br /> contract with the City to limit rents in accordance with Section 18.272 of this Article in <br /> ATTY/ORD.418/AFFORDABLE HOUSING IMPACT FEE ORD.#2417 <br /> REV:10-22-15 VR FORMERLY MUFF#100 <br /> Page 6 of 11 <br />