RES 18-1047 - Laserfiche WebLink

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