Nothing herein shall be construed as a delegation of the Council’s power and responsibility to determine the issue of mitigation of adverse environmental effects. The Council specifically reserves all rights provided to it by law, including the right to determine from time to time, by resolution, the maximum dollar amount per residential unit which may be required to be paid as mitigation hereunder, the right to determine any class of residential units to be exempted from the requirement of such mitigation because of special factual circumstances or the right to establish varying amounts of fees for certain types of development because of special factual circumstances.
(`78 Code, § 16.27.040.) (Ord. 1739 § 1 (part), 1984.)