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Exhibit B <br /> For those projects which were already in process with the City's Community <br /> Development Department at the time of adoption of updates to the development impact <br /> fees for Public Facilities (referred to as the Capital Facility Fee), Traffic Development <br /> (referred to as the Transportation Fee) and Lower-Income Housing (referred to as the <br /> Affordable Housing Fee), such in process projects shall not be required to pay the <br /> updated Capital Facility, Transportation and Affordable Housing fees which go into <br /> effect January 1, 2019, but may pay the fee in effect on September 18, 2018, with the <br /> determination of a project being in process generally defined as: <br /> • Planning Applications — Permit Streamlining Act <br /> For planning applications related to projects subject to the Permit Streamlining <br /> Act, applications that have been "deemed complete" before January 1, 2019, be <br /> subject to the fees in effect on 9/18/18. <br /> • Planning Applications — Legislative Changes <br /> Planning applications not subject to the Permit Streamlining Act (i.e., including a <br /> legislative change) which are deemed complete or have made a "significant <br /> financial investment" with staff prior to January 1, 2019 shall be subject to the <br /> fees in effect on 9/18/18, unless an alternate agreement (i.e., Development <br /> Agreement, Affordable Housing Agreement, Improvement Agreement, or similar) <br /> is negotiated by the applicant, staff, and the City Council and includes <br /> adjustments to applicable fees. "Substantial financial investment" would <br /> generally be interpreted to mean that the application has been actively under <br /> review or in process 3 months or longer; or that milestones such as conducting of <br /> one or more public workshops with the Planning Commission or City Council, or <br /> issuance of a CEQA Notice of Preparation or other Environmental document <br /> have been met. <br /> • Building Permit Applications <br /> Substantially complete applications for building permit submitted prior to January <br /> 1, 2019 shall be subject to the fees in effect on 9/18/18. <br /> These examples of projects in process subject to the fees in effect on 9/18/18 are in <br /> addition to other provisions provided by California law, or existing agreements with the <br /> City. <br /> Any disputes about the applicability of these provisions shall be subject to the <br /> reasonable determination of the Community Development Director (who shall issue his <br /> or her written determination within fifteen business days of a written request from a <br /> property owner or developer); with the decision of the director subject to appeal to the <br /> City Manager. <br /> // <br />