23.61.040 EXEMPTIONS FROM PAYMENT OF AFFORDABLE HOUSING COMMERCIAL LINKAGE FEE.

(a) The affordable housing commercial linkage fee shall not apply to developers of commercial development projects adding 5,000 square feet or less of net new square footage.

(b) The affordable housing commercial linkage fee shall not apply to projects that fall within one or more of the following categories:

(1) Schools, places of public assembly, recreational facilities, hospitals, cultural institutions, childcare facilities, nursing homes, rest homes, residential care facilities, and skilled nursing facilities.

(2) 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.

(3) Any structure proposed to repair or replace a building that was damaged or destroyed by fire or other calamity, so long as the square footage and use of the building remains the same, and construction of the replacement building begins within one year of the damage's occurrence.

(4) Development projects on property eligible for the California Property Tax Welfare Exemption that is (i) used exclusively for charitable purposes and (ii) owned or held in trust by a nonprofit corporation operating for charitable purposes with a current tax-exempt letter from the Internal Revenue Service or the Franchise Tax Board.