A. Development Projects by public agencies shall be exempt from the provisions of the Fees if those projects are designed to provide the public service for which the agency is charged (“Public Purpose”).

B. Nonprofit Community Purpose Facilities are also exempt inasmuch as these institutions provide benefit to the community as a whole, including all land use categories which are the subject matter of the Fees. The City Council hereby determines that it is appropriate to spread any impact such Nonprofit Community Purpose Facilities might have to the other land use categories subject to the Fees. In the event that a court determines that the exemption herein extended to Nonprofit Community Purpose Facilities shall for any reason be invalid, the City Council hereby allocates the Nonprofit Community Purpose Facilities’ fair share to the City of Chula Vista and not to any of the land use categories which are the subject matter of the Development impact land use categories.

C. Development Projects that are additions or expansions to existing dwelling units or additions, expansions, or changes of use to businesses shall be exempt if the addition, expansion or change of use does not result in a net increase in dwelling units or nonresidential intensity. The Fees shall be assessed on any net additional dwelling units or nonresidential intensity. Any net reduction in dwelling units or nonresidential intensity shall not be entitled to a refund, but the property retains credit based on the former number of dwelling units or nonresidential intensity.

D. Junior Accessory Dwelling Units and Accessory Dwelling Units smaller than 750 square feet are exempt from the provisions of the Fee, pursuant to California Government Code Section 65852.2(f)(3)(A). (Ord. 3466 § 1, 2019; Ord. 3440 § 1, 2018).