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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />I <br />arrangement; and, in the case of waiver or reduction the owner will receive insufficient or no <br />benefit from the fee imposed and would therefore be required, if the fee were imposed in full, to <br />pay more than their fair share for the benefit received. <br />3.46.120 Exemptions. <br />The following types of construction shall be exempt from the provisions of this chapter: <br />A. Existing improvements that are converted from an existing permitted use to a <br />different permitted use, provided that no additional area of the property is disturbed as a result of such <br />conversion. <br />B. Projects for which the city is restrained by law from collecting the fee due to a <br />development agreement or vested tentative map entered into with or issued by the city prior to the <br />effective date of this chapter. <br />C. Projects are exempt from paying the mitigation fee provided they meet the legal <br />requirements for vesting based upon lawfully issued permits and continuous construction." <br />SECTION 3. Under State CEQA Guidelines, Section 15162, once a negative declaration <br />has been adopted for a project, no subsequent environmental document shall be prepared for that <br />project unless substantial changes are proposed in the project which would require major <br />revisions of the previous environmental document due to the involvement of new significant <br />environmental effects or if new information of substantial importance which shows that the <br />project will have a significant impact on the environment has been made available. The measures <br />adopted in this ordinance fall fully within the scope of the EA and Negative Declaration adopted <br />for the WVHCP. Therefore, the staff recommends that the City Council find that adoption of this <br />ordinance meets the criteria of State CEQA Guidelines section 15162 and that no new <br />environmental documentation or other further environmental review is required <br />SECTION 4: If any provision or clause of this Ordinance or any application of it to any <br />23152.06000\9686953.1 <br />- 10 - <br />