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In addition to any exemptions from the levy of development impact fees provided by law, including, as applicable, the levy of development impact fees which are the subject of a vested tentative map, the following development projects are exempt from payment of the fee required by this Chapter:

A.The reconstruction of any building so long as the reconstructed building both continues a use of the same category as the prior use and generates the same or fewer trips as the original building, and, so long as the permit for reconstruction is issued and commences within one (1) year from destruction of the building.

B.Development within the Fort Ord Reuse Agency (“FORA”) area that is subject to transportation improvement fees for transportation projects within the FORA plan area.

C.Development pursuant to a development agreement that was entered prior to the Effective Date of the Joint Powers Agreement in accordance with the terms of the development agreement in effect prior to the Effective Date of the Joint Powers Agreement.