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A developer of any project subject to the fee described in SMC 3.36.020 may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon a showing of one of the following:

A. The absence of any reasonable relationship or nexus between the traffic impacts of that development and either the amount of the fee charged or the type of facilities to be financed; or

B. That the developer has provided on-site traffic impact reduction measures of equal value.

The application shall be made in writing and filed with the City Clerk not later than 10 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 60 days after the filing of the fee adjustment application, whichever is later. 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.