§ 27-1.5. Application.

a.

General Application . The requirements of this section apply to new construction, construction of additional square footage to existing buildings, interior remodels, and changes in use that do not require interior remodels but that increase the employee density of the nonresidential development project as determined by the Director of Development Services.

b.

Determination of Land Uses . For the purposes of the application of this section, nonresidential land uses shall be dived into five (5) classifications: retail, office, warehouse, manufacturing, and hotel/motel. The Director of Development Services shall determine the land use classification that best describes the nonresidential development for the purposes of assigning the fee to be charged. The Director of Development Services shall use the applicable table set forth in the City Council resolution establishing the specific affordable unit or in lieu fee requirements to determine the appropriate classification.

c.

Fee Offsets for Existing Uses . The extent of the Affordable Housing requirement or in lieu fee shall be offset or adjusted to account for any previously existing unabandoned nonresidential use. For the purpose of this section a use shall be deemed unabandoned if it existed at any time within the two (2) year period prior to the application for the building permit or use permit which triggers the application of this section. The offset for existing use shall not exceed the amount of the fee or requirement computed for the proposed use.

d.

Application to Lease Renewals at Former Naval Air Station at Alameda Point . It is the intent of this Section 27-1, that the Alameda Reuse and Redevelopment Authority shall pay an amount which would be equivalent to the affordable housing in lieu fee which would otherwise be applicable to new or renewed leases at the former Alameda Naval Air Station if such new leases or lease renewals would have triggered the application of the affordable housing in lieu fee, even though these new leases or lease renewals may require neither a building permit or a use permit at the time the lease agreements are entered into. The terms of such payment shall be established by mutual agreement between the Alameda Reuse and Redevelopment Authority and the City.

(Ord. No. 2859 N.S.)