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Ordinance No. 2287 <br />Page 4 of 21 <br /> <br />If additional floor area is constructed for, or converted to, commercial, industrial or office use, the <br />fee shall be applicable only to the square footage of the floor area added or to that portion of the <br />square footage of the floor area converted for which the fee has not been paid. <br /> <br />B. The city council may adjust the fee in consideration of on-site programs promoting lower- income <br />housing such as the dedication of land suitable for lower -income housing, or in conjunction with <br />an alternative compliance proposal made as part of an affordable housing proposal in accordance <br />with Chapter 17.44. <br /> (Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019) <br />§ 17.40.040. Exemptions. <br /> <br />A. The following are exempt from the affordable housing fee: <br />1. All units within a residential development project when the project has a minimum of 15 <br />percent deed-restricted lower-income housing units; <br />2. Those lower-income housing units in a residential development project with less than 15 <br />percent deed-restricted lower-income housing units; <br />3. Deed-restricted moderate-income housing units in residential development projects; <br />4. Second units and accessory dwelling units and junior accessory dwelling units as those terms <br />are used in Section 66313 of the Government Code and Chapter 18.106; <br />5. Reconstruction or other new development on a site when such reconstruction replaces an <br />equal number of square feet of floor area, as defined in the Uniform Building Code, when the <br />use is similar, and when such reconstruction occurs within two years from the time the <br />previous structure on the site was demolished; <br />6. Facilities used exclusively for religious purposes as defined in California Revenue and <br />Taxation Code Section 207. <br />B. The project developer shall enter into a regulatory agreement with the city in order for a project to <br />qualify for an exemption by the inclusion of lower-income or moderate-income housing units. <br />(Ord. 1488 § 1, 1990; Ord. 2192 § 2, 2019) <br /> <br /> <br />§ 17.40.050. Reduction of fee—Commercial, office or industrial project. <br /> <br />A. The city council may reduce the required fee for a commercial, office or industrial development <br />project when the project developer can demonstrate: (1) that the proposed use will generate <br />substantially fewer workers than the uses which have established the fee; and <br />(2) that the building design is unable to house another use without substantial renovation. Examples <br />of such uses are public utility facilities, exclusive storage buildings, etc. <br />B. In the event such buildings are renovated to house another use, the fee then applicable shall be due <br />at that time. <br />Page 33 of 126