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209 <br /> <br />3ESOLUTION NO. 90-068 <br />PAGE TWO <br /> <br /> 3. The use to which the abovesaid fee will be put is set forth in <br />SAMC section 13-112 as follows: <br /> <br /> "Monies in a transportation system improvement program area fund <br />shall be expended to improve the transportation system within the area <br />for which such fund was established, or outside such area only when such <br />improvement will substantially benefit such area." <br /> <br />The public facilities to be financed by the fee are identified in Exhibit A, <br />attached hereto and incorporated herein. <br /> <br /> 4. The fee applies to all types of development projects, <br />including residential, commercial, office and industrial; subject to certain <br />limited exceptions set forth in section 8-44. The use of the fee for <br />transportation system improvements is reasonably related to all types of <br />development projects because the owners, occupants and visitors of all types <br />of uses are benefitted by improved vehicular traffic flow. <br /> <br /> 5. The need for the public facilities is reasonably related to <br />all types of development projects because all types of development projects <br />generate vehicular traffic. The restriction of the use of fees to <br />transportation system improvements which are located in, or which <br />substantially benefit, the area of the City from which the fees are derived <br />assures that the fees derived from any given development project are used to <br />provide those transportation improvements which most directly address the <br />needs created by such development project. <br /> <br /> 6. As used hereinafter "project" means proposed construction <br />which is subject to the payment of a fee pursuant to SAMC section 8-44 and as <br />to which construction pursuant to a validly issued building permit has not <br />commenced as of the effective date of this resolution. <br /> <br /> 7. The fees established by this resolution shall apply to all <br />projects except as otherwise hereinafter provided. <br /> <br /> 8. Any project for which a building permit has been issued prior <br />to the effective date of this resolution shall be subject to the two percent <br />(2%) fee formerly specified in SAMC section 8044 unless such building permit <br />expires without commencement of construction. <br /> <br /> 9. Any project for which a building permit application has been <br />filed in accordance with Chapter 3 of the Building Code prior to the effective <br />date of this resolution shall be subject to the two percent (2%) fee formerly <br />specified in SAMC section 8-44 unless such building permit application expires <br /> <br /> <br />