Reso PC21-07 0063 PC Reso Zoning Ordinance Amendment Article 29

Browse Search

ATTY/RESO.0063/PC RESO ZONING ORDINANCE AMENDMENT ARTICLE 29 REV: 08-12-21 SK Page 9 of 17 3. Nonresidential Development of Five Thousand (5,000) Sq. Ft. or Less.The housing impact fee shall not apply to developers of nonresidential development projects adding five thousand (5,000) square feet or less of net new square footage. 4. Government-Owned. Residential or nonresidential development projects located on property owned by the state of California, the United States of America, or any of its agencies and used exclusively for governmental or educational purposes. 5. Damaged or Destroyed. Any structure development project proposed to repair or replace a building structure that was damaged or destroyed by fire or other calamity, so long as the square footage and permitted use of the building structure remains the same, and the construction of the replacement building begins the planning application for the project is filed within one (1) year of the damage's occurrence. If and to the extent there is a change in the permitted use or an increase in the square footage of the structure, then the housing impact fee shall be calculated based on the net new square footage of the structure at the rate applicable to the type of permitted use (residential or nonresidential). 6. Demolished Structures. Any development project proposed to replace a structure previously located on site but which has been demolished, so long as the square footage and permitted use of the structure remains the same, and the planning application for the project is filed within two (2) years of the demolition of the structure being replaced. If and to the extent there is a change in the permitted use or an increase in the square footage, then the housing impact fee shall be calculated based on the net new square footage at the rate applicable to the type of permitted use (residential or nonresidential). 7. Abandoned Structures. Any development project proposed to replace a structure located on site but which is not being used for its permitted use and which does not otherwise meet the exemptions under Section 29.5(C)(5) (Damaged and Destroyed) or 29.5(C)(6)(Demolished Structures), so long as the square footage and permitted use of the structure remains the same, and the planning application for the project is filed within two (2) years of the last permitted use of the site. If and to the extent there is a change in the permitted use or an increase in the square footage, then the housing impact fee shall be calculated based on the net new square footage at the rate applicable to the type of permitted use (residential or nonresidential). 8. Vested Right to Proceed. Residential or nonresidential development projects to the extent they have received a vested right to proceed without payment of housing impact fees pursuant to state law, including those that are the subject of development agreements currently in effect with the City, if such development agreements were approved prior to the effective date of the ordinance from which this Article is derived and where such agreements expressly preclude the City from requiring payment of the housing impact fee. 9. Development Applications Deemed Complete prior to [April __, 2021]. Residential or nonresidential development projects for which applications have been deemed complete prior to [April __, 2021], will be subject to the requirements under this Chapter as it existed prior to [April __, 2021]. 10. Provision of Affordable Housing. A residential or nonresidential development project may mitigate its impact on the need for affordable housing by providing affordable housing units instead of paying the impact fee, so long as the affordable units are provided in accordance with an affordable housing plan (Section 29.7) and meet all of