29.5 - Payment of a Housing Impact Fee

Other

• Fee exemption - abandoned structures2 year

  Any development project proposed to replace a structure located on site but which is not being used for its permitted use ... planning application for the project is filed within two (2) years of the last permitted use of the site.

• Fee exemption - damaged or destroyed1 year

  Any development project proposed to repair or replace a structure that was damaged or destroyed by fire or other calamity, 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 one (1) year of the damage's occurrence.

• Fee exemption - demolished structures2 year

  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.

• Fee exemption - four or fewer units4 units

  The housing impact fee shall not apply to developers of residential development projects consisting of four (4) or fewer dwelling units; the creation of four (4) or fewer parcels, provided that no more than four (4) dwelling units are allowed; or accessory dwellings created under Article 37.

• Fee exemption - 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.

• Fee exemption - nonresidential 5,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000. or less5,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.

  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.

• Fee exemption - 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.

• Fee exemption - specific nonresidential uses

  The following specific nonresidential uses ... are exempt from the payment of the housing impact fee: a. Public Uses ... b. Quasi-Public Uses ... c. Child Care Centers ... d. Recreational facilities ... e. Nursing homes ... f. Schools ... g. Property eligible for the California Property Tax Welfare Exemption.

• Fee exemption - twenty or more units20 units

  Residential development projects of twenty (20) units or more (excluding accessory dwelling units) that are required to construct affordable units on site per Section 29.4.

• Fee exemption - 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.