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There are generally two types of development applications: applications that are <br />regulated under local law and state law because they contain a “subdivision map” per <br />the State Subdivision Map Act and applications that are only regulated under local law <br />(Use Permit, Planned Community Permit, etc.). For projects that include a subdivision, <br />the Subdivision Map Act generally provides that the only policies that may be applied to <br />a subdivision are those in effect on the date that the application is found to be complete. <br />(Government Code Section 66474.2(a).) However, if the Council initiates proceedings to <br />change the fees (by motion) and then publishes notice of the Council's action in a <br />newspaper of general circulation, any new fees will apply to subdivisions found to be <br />complete after the notice is published, so long as the subdivisions are approved after <br />the fees are in effect. (Government Code Section 66474.2(b).) Therefore, if the Council <br />makes the motion associated with this report and initiates proceedings to consider <br />affordable housing impact fees, incomplete and new map applications will be subject to <br />any future adopted affordable housing or commercial linkage fees. In addition, in some <br />cases, the City has the ability to apply the fee to pending, complete applications that are <br />only regulated under local law (no map). <br /> <br />City staff received the nexus study and feasibility study in September 2015, and is <br />preparing analysis, as well as an ordinance and resolution for City Council consideration <br />as early as October 2015. <br /> <br />ALTERNATIVES <br />The Council may choose not to initiate proceedings on an affordable housing impact <br />fee. This alternative would still allow Council to consider future fees; however, fewer <br />projects may be subject to the fee than if the Council made a motion per the staff <br />recommendation. <br /> <br />FISCAL IMPACT <br />This action provides notice that the City Council may consider affordable housing <br />impact fees. It does not commit the City to adopting any fee, and no fiscal impact is <br />associated with this notice. <br /> <br />ENVIRONMENTAL REVIEW <br />This is not considered a project under CEQA. <br /> <br /> <br />DIANA O’DELL <br />PRINCIPAL PLANNER <br /> <br />6.1.C. - Page 2