An owner or developer of any project subject to the fee imposed by this chapter 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 a reasonable relationship or nexus between the storm drain impacts of that development and either the amount of the storm drain fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than ten days prior to the public hearing on the development permit application for the project, or if no development permit is required, at the time of the 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 sixty days after the filing of the fee adjustment application, whichever is later. The City Council shall waive or adjust the fee where the City Council finds, based upon substantial evidence in the record, that such waiver or adjustment is necessary to ensure that said fee, if any, is related both in nature and extent to the impact of the proposed project. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee. (Ord. 5491 § 1 (part); April 18, 1995.)