§ 15.74.040. Applicability.

The regulations, requirements and provisions of this Chapter shall apply to any development project, unless exempt from this Chapter. The Applicant for any development project, unless exempt from this Chapter, as a condition of the building permit, must pay to the City the required impact fees, or comply with the requirements for developer constructed facilities as set forth in Section 15.74.120.

A.

Effective Date. Any applicant for a development project for which a complete building permit application is submitted on or after September 1, 2016, must pay the impact fee in effect at the time of building permit submittal. If the development project fails to meet all of the criteria listed in Subsection B. below, the applicant must pay the impact fee in effect at the time that the development project does meet all the criteria.

Notwithstanding the above, this Chapter shall also apply to development projects whose applications are determined and/or deemed complete on or after November 27, 2015, per the California Subdivision Map Act, Government Code Section 66474.2(b), provided a vested right, as defined by California law, has not been obtained as of sixty (60) days after the adoption of this Chapter.

B.

Exemptions Based on Submittal Date. Any development project for which a complete building permit application is submitted prior to September 1, 2016, shall be exempt from this Chapter if all of the following criteria are met:

1.

The building permit is issued within one year of submittal of the complete building permit application;

2.

The development project is diligently pursued toward completion, as reasonably determined by the Building Official or designee;

3.

The building permit does not expire, although it may be extended for up to one year; and

4.

A certificate of occupancy or temporary certificate of occupancy is issued within three (3) years of the building permit being issued.

In addition, Development Projects that obtain a vested right, as defined by California law, no later than sixty (60) days after the adoption of this Chapter are not subject to the impact fee.

C.

Exemptions Based on Project Type. The following types of development projects shall be exempt from this Chapter if any of the following are met:

1.

Development projects involving less than five thousand (5,000) square feet of building floor area occupied by institutional uses;

2.

Nonresidential projects involving less than five thousand (5,000) square feet of changed and intensified square feet;

3.

Secondary units, as defined in Section 17.04.090 of the Oakland Planning Code; or

4.

Affordable housing, as defined in Chapter 15.72 of the Oakland Municipal Code. Affordable housing projects are exempt from the capital improvements impact fee but not exempt from the transportation impact fee.

D.

Other Requirements. Nothing in this Chapter shall be construed as waiving, reducing or modifying any other requirements for issuance of any permit, variance, approval or other entitlement by the City under any other law. The impact fee and requirements authorized by this Chapter are in addition to any other fees or mitigation measures otherwise authorized by law.

(Ord. No. 13366, § 4, 5-3-2016)