A developer of any project subject to the fee described in section 3.48.020 may apply to the city council for a reduction or adjustment to that fee, or a waiver
of that fee, based upon the absence of any reasonable relationship or nexus between
impacts of that developer upon the city street system and either the amount of the
fee charged or the type of facilities to be financed. The application shall be made
in writing and filing with the city clerk not later than either ten days prior to
the public hearing on the application for the development permit or other land use
entitlement, or if no development permit or entitlement is required, at time of filing
of the request for a building permit. The application shall state in detail the factual
basis for the claim of waiver, reduction, or adjustment. The city council shall consider
the application at the public hearing on the permit application or at a separate hearing
held within 60 days after the filing of the fee adjustment application, whichever
is later. The decision of the city council shall be final. If a deduction, adjustment,
or waiver is granted, any charge in use within the project shall invalidate the waiver,
adjustment or reduction of the fee.
(Ord. No. 307)
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