Sec. 17-204. - Establishment of DIFs.

Except as otherwise provided in this article, an applicant for a building permit proposing new development shall pay the following DIFs according and pursuant to the procedure set forth in this article:

(1)

Police facilities.

(2)

Fire facilities.

(3)

Park facilities.

(4)

Administrative facilities.

(5)

Public works facilities.

The amount of each DIF shall be as established by resolution of the city council and shall be set forth in the city's current comprehensive fee schedule in effect at the time of project submittal into building plan check.

(Ord. No. 2286, § 3(Exh. A), 12-1-15)

Sec. 17-205. - Calculation and payment of DIFs.

(a)

Calculation of DIFs. The amount of the charge due under this article shall be determined at the time of submittal into building plan check for the project. Following project submittal, the city shall timely provide the applicant with a notice in writing, a statement of the amount of the fees and notification of the ninetyday appeal period in which the applicant may protest the imposition of the fees. Said notice shall be in substantially the following form:

The conditions of project approval for your project, identified as ______________, include development impact fees, more specifically described as: ______________ (identification of the amount of the fee). The applicant is hereby notified that the 90-day protest period to challenge such fees has begun as of the date of the fee imposition, which date was ______________.

If the applicant fails to file a protest regarding the fees, as specified in California Government Code § 66020, the applicant shall be legally barred from later challenges.

(b)

Payment of DIFs. The full amount shall be due and payable to the city prior to the issuance of building permits.

(c)

Mixed uses. When improvement plans include more than one (1) land use type, the impact fee shall be calculated separately for each land use type.

(Ord. No. 2286, § 3(Exh. A), 12-1-15)

Sec. 17-206. - Exemptions and credit for existing development.

(a)

Exemptions. The following projects are exempt from the requirement to pay DIFs:

(1)

The DIFs shall not be imposed upon a building permit for remodeling or for an addition to an existing residential structure so long as the remodeling or addition does not add a dwelling unit.

(2)

The DIFs shall not be imposed upon a building permit for the demolition of an existing residential structure and the construction of a new residential structure on the same site, provided the demolished structure was not "vacant" (as defined in section 17-203) prior to the issuance of a building permit for the new structure.

(3)

Upon request of the developer, the impact fees may be reduced or waived by the city council for affordable housing units that are deed restricted to very-low income and low income households.

(4)

The DIFs shall not be imposed upon a project that has received a building permit prior to the effective date of this article.

(b)

Credit for existing development. For a project that involves the demolition of an existing structure and the construction of a new structure, the applicant shall be entitled to a credit in the amount of the applicable DIFs for the structure to be demolished, provided that such structure has not been vacant (as defined in section 17-203), and provided that no DIF shall be reduced below zero dollars ($0.00). For nonresidential structures, the credit will be calculated based on the square footage of the existing structure to be demolished. For residential structures, the credit will be calculated based on the type and number of existing dwelling units to be demolished.

(Ord. No. 2286, § 3(Exh. A), 12-1-15)