(A) A developer of any project subject to the fees described herein may apply to the City Council for a reduction, adjustment or waiver of any one or more of the fees, based upon the absence of any reasonable relationship or nexus between the impacts of that development and either the amount of the fees charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not less than ten days prior to the public hearing on the development project application for the project or, if no public hearing is required prior to city approval of the development project application, at the time of the filing of the application for a building permit.
(B) The fee adjustment request shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The City Council shall consider the fee adjustment request at the public hearing on the development project application or at a separate public hearing held within 60 days after the filing of the fee adjustment request, whichever is later.
(C) 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 if such change in use would, in the opinion of the City Public Works Director, render the same inappropriate. The public hearing shall be noticed and conducted in the same fashion and manner as prescribed by the laws of the city for hearings on development permits.
(D) The City Council may, from time to time, and as the need may arise, set forth, by resolution, specific limitations which will apply to reductions, adjustments or waivers of development impact fees which may be made pursuant to this section. In this regard, the ordinance codified in this article shall be considered enabling and directory.
(Ord. 965, passed 7-18-2006)