HomeMy WebLinkAbout2007/02/20 Item 5
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ORDINANCE AMENDING ORDINANCE NO. 2892
RELATING TO PED~STRIAN BRIDGE DEVELOPMENT
IMPACT FEE AND! AREA OF BENEFIT FOR OTAY
RANCH VILLAGES pNE, FIVE, AND SIX TO INCLUDE
VILLAGE TWO TO PAY FOR PEDESTRIAN BRIDGE
IMPROVEMENTS AS A CONDITION OF ISSUANCE OF
BUILDING PERMITS.
ORDINAiNCE NO.
WHEREAS, the City's Gener~l Plan Land Use and Public Facilities Elements
require that adequate public facilities ~e available to accommodate increased population
created by new development; and
WHEREAS, the City Councq has determined that new development within
certain areas within the City of Chul~ Vista as identified in this ordinance, will create
adverse impacts on certain existing public facilities which must be mitigated by the
financing and construction of those facilities identified in this ordinance; and
WHEREAS, developers of laJlld within the City are required to mitigate the
burden created by their development by constructing or improving those facilities needed
to provide service to their respecti ve d~velopments or by the payment of a fee to finance
their portion of the total cost of such facilities; and
WHEREAS, development within the City contributes to the cumulative burden on
pedestrian facilities in direct relationship to the amount of population generated by the
development or the gross acreage of the commercial or industrial land in the
development; and
WHEREAS, the goal of the Ottiy Ranch General Development Plan (GDP) is to
organize land uses based upon a vilIage concept to produce a cohesive, pedestrian
fiiendly community, encourage non, vehicular trips and foster interaction amongst
residents; and
WHEREAS, a component ~f the Otay Ranch circulation system is a
comprehensive trail system to provide for non-vehicular alternative modes of
transportation; and
WHEREAS, the Otay Ranch GDP requires a non-auto circulation system, such as
pedestrian walkways and bike paths" shall be provided between villages and, where
appropriate and feasible, grade sep*ated arterial crossings should be provided to
encourage pedestrian activity between yillages; and
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Ordinance No.
Page 2
WHEREAS, the City Council iadopted the Otay Ranch Villages One and Five
Pedestrian Bridge Development Impac~ Fee ("Impact Fee") by Ordinance 2767 ("Ped Dif
Bridge Ordinance") in order to pay fo~ pedestrian bridge facilities that will serve Otay
Ranch Villages One and Five; and,
WHEREAS, the City Council iunended the original Ped Bridge DIF Ordinance
2767 on January 7, 2003, by Ordinance 2892, to include Otay Ranch Village Six to pay
for its fair share of bridge improvemerjts as a condition of issuance of building permits;
and,
WHEREAS, the Conditions ofiApproval for Otay Ranch Village Two tentative
map require that a funding mechanisIin be established to pay for one-half of Village
Two's fair share of bridge improvemenjs; and
WHEREAS, pedestrian faciliti~s have been built, or are proposed, that will
directly connect Villages One, Five, SiX and Two including a continuous village pathway
and cartpath system. The pedestrian fali:ilities cross maj or streets and their use would be
encouraged and facilitated by the provi~ion of over-crossings of these major streets; and
WHEREAS, the completion of the pedestrian bridges in Village Two will
complete the linkage of the pedestrian facilities in Villages One, Five, Six and Two,
serving to enhance overall pedestrian 10jccess in and among these villages and would be
facilitated by including the funding fot the construction of the bridges required by the
Village Two tentative map in current Ilnpact Fee program by: I) amending the per unit
fees payable at issuance of a building permit; 2) revising the facilities to be financed by
the Impact Fee; and 3) revising the temtory to which the Impact Fee is applicable to
include Village Two; and
WHEREAS, the original Ped' Bridge DIF Ordinance used the persons per
dwelling unit rates established in SectiiJn 17.10.040 of Chula Vista Municipal Code for
the various residential land use categqries in deriving the Equivalence Dwelling Unit
ratio upon which the Impact Fee is based; and,
WHEREAS, the person per dw~lling unit rates for Parkland Dedication in Sec.
17.10.040 were modified by Ordinance!No. 2886. The rates for single family went from
3.22 persons per unit to 3.52 persons Iier unit and the multiple-family rates went from
2.21 persons per dwelling units to 2.61 persons per unit. The attached, cluster housing or
planned unit development and the dupl~x categories were deleted from Sec. 17.10.040;
and
WHEREAS, Otay Ranch, Villag~s One, Five, Six and Two are those areas of land
within the City of Chu1a Vista surround~d by Telegraph Canyon Road, Otay Lakes Road,
Heritage Road, Olympic Parkway, La Media Road, Birch Road, and State Route 125.
This area is shown on the map marked Exhibit "2," and included as an attachment to the
City of Chula Vista Pedestrian Bridge peve10pment Impact Fee Report for Otay Ranch
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Ordinance No.
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Village Two, dated February 13, 2007"on file in the Office of the City Engineer; and
WHEREAS, City Engineerin$ Staff has approved the City of Chula Vista
Pedestrian Bridge Development Impacl Fee Report dated November 6, 1998; the updated
Pedestrian Bridge Development Impact Fee Report for Otay Ranch Village Six dated
December 17, 2002; and the updated Bedestrian Bridge Development Impact Fee Report
for Village Two dated February 13,2067 (the "Report"); and
WHEREAS, the Report, reconlunends pedestrian over-crossing facilities needed
for pedestrian access, and establishes a, fee payable by persons obtaining building permits
for developments within Otay Ranch !Village Two benefiting from the construction of
these facilities; and
WHEREAS, there are four Pedestrian Over Crossings (POC) proposed for the
Otay Ranch Villages One, Five, Six lmd Two: North La Media Bridge POC between
Villages One and Five, South La Medill Road POC between Villages Six and Two, West
Olympic Pkwy Bridge POC between Villages One and Two, and East Olympic Parkway
Bridge poe between Villages Five anel Six; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the Calif~mia Environmental Quality Act (CEQA) and has
determined that the activity is not a "P~oject" as defined under Section 15378 of the State
CEQA Guidelines; therefore, pursuaht to Section I5060( c )(3) of the State CEQA
Guidelines the activity is not subject to'CEQA.
WHEREAS, on February 13, M07, a public hearing was held before the City
Council to provide an opportunity for iinterested persons to be heard on the approval of
the Report and establishment of the ImJilact Fee; and
WHEREAS, the City Council ~etermined, based upon the evidence presented at
the Public Hearing, including, but nOllt limited to, the Report and other information
received by the City Council in the cojrrse of its business, that imposition of the Impact
Fee on all developments within Otay Rianch Villages One, Five, Six and Two in the City
of Chula Vista is necessary in order to protect the public safety and welfare and to ensure
effective implementation of the City's General Plan; and
WHEREAS, the City Council has determined that the amount of the Impact Fee
levied by this ordinance does not exceed the estimated cost of providing the public
facilities identified by the report.
NOW, THEREFORE, the City Councillof the City of Chula Vista does ordain as follows:
SECTION I. Environmental Review
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Ordinance No.
Page 4
The Environmental Review Cqordinator has reviewed the proposed activity for
compliance with the California Enviro/1lIlental Quality Act (CEQA) and has determined
that the activity is not a "Project" as ~efined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA.
SECTION 2. Acceptance of Reports
The City Council has reviewed the proposed Pedestrian Bridge Development
Impact Fee Report for Otay Ranch Village Two, dated February 13, 2007, and has
accepted the same, by Resolution No. . , in the form on file in the Office of the
City Clerk; the City Council previo*sly reviewed, accepted and adopted Pedestrian
Bridge Development Impact Fee Rep~rts, dated November 6, 1998, and December 17,
2002 (collectively, the "Reports"). .
SECTION 3. Facilities
The facilities to be financed by: the Impact Fee are fully described in the Reports
and incorporated herein by this referepce, ("Facilities"), all of which Facilities may be
modified by the City Council from tim~ to time by resolution. The locations at which the
Facilities will be constructed are sho~ on Exhibit" I" of the approved 2002 and 2007
Reports. The City Council may modiry or amend the list of projects herein considered to
be part of the Facilities by written resolution in order to maintain compliance with the
City's Capital Improvement Program, or to reflect changes in land development and
estimated and actual pedestrian generation.
SECTION 4. Terntory to Which Fee Is Applicable
The area of the City of Chula rvista to which the Impact Fee herein established
shall be applicable is set forth on Etmbit "2" of the 2002 and 2007 Reports and is
generally described herein as the "Terriltory."
SECTION 5. Purpose
The purpose of this ordinance is to establish the Impact Fee in order to provide
the necessary financing to construct ~ Facilities within the areas shown in Exhibit "1"
of the Report, in accordance with the City's General Plan.
SECTION 6. Establishment ofFee
The Impact Fee, to be based on a per Equivalent Dwelling Unit ("EDU") basis,
and payable prior to the issuance of buIlding permits for residential development projects
within the Terntory, is hereby establis~d to pay for the Facilities.
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Ordinance No.
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SECTION 7. Due on Issuance of Buildlng Permit
The Impact Fee shall be paid irtl cash upon the issuance of a residential building
permit. Early payment is not permitted., No building permit shall be issued for residential
development projects subject to this or\:iinance unless the developer has paid the Impact
Fee imposed by this ordinance. .
SECTION 8. Determination of Equivalent Dwelling Units
Residential land uses shall be :converted to Equivalent Dwelling Units for the
purpose of this fee based on the followipg table:
ee Oy an se
Land Use I1eople per household EOU's
Single Family ("SFO") . 3.52 1
Multi Family ("MF") 2.61 0.74
F b L dU
"Single family" shall mean a residential unit within a subdivision, planning area or
neighborhood with a net density of 8 units per acre or less as shown on the approved
tentative map for said subdivision, pl~ing area or neighborhood.
"Multi-Family" shall mean a resid~ntial unit within a subdivision, planning area or
neighborhood with a net density of gr~ater than 8 units per acre or any residential unit
within a mixed-use project as shown oIl the approved tentative map for said subdivision,
planning area or neighborhood.
SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited
The Impact Fee for each development shall be calculated at the time of building
permit issuance and shall be the amoUnt as indicated at that time and not when the
tentative map or final map was granted or applied for, or when the building permit plan
check was conducted, or when applicatipn was made for the building permit.
SECTION 10. Purpose and Use of Fee
The purpose of the Impact Fee. is to pay for the planning, design, construction
and/or financing (including the cost oUnterest and other financing costs as appropriate)
of the Facilities, or reimbursement to thi: City or, at the discretion of the City if approved
in advance in writing, to other third ~arties for advancing costs actually incurred for
planning, designing, constructing, or fi~ancing the Facilities. Any use of the Impact Fee
shall receive the advance consent of the City Council and be used in a manner consistent
with the purpose of the Impact Fee.
SECTION I I. Amount of Fee; Amendment to Master Fee Schedule
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Ordinance No.
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The initial Impact Fee shall be! calculated at the rate of $1,114 per Single Family
Dwelling Unit (SFD) and $826 per Mjultiple Family Dwelling Unit (MF). Chapter XVI,
Other Fees, of the Master Fee Schedul~, Section E, shall be amended to read as follows:
"E. Otay Ranch Villages I, 5, 6 and 2 Pedestrian Bridge Development Impact
Fee.
This section is intended to memorialize the key provisions of Ordinance No.
, but said ordinance governs o~er the provisions of the Master Fee Schedule. For
example, in the event of a conflict in iMerpretation between the Master Fee Schedule and
the ordinance, or in the event that thete are additional rules applicable to the imposition
of the Impact Fee, the language of the ~rdinance governs.
a. Territory to which Fee Applicable
The area of the City of ChulaVista to which the Impact Fee herein established
shall be applicable is set forth ip Exhibit "2" of the City ofChula Vista Pedestrian
Bridge Development Impact fee Report for Otay Ranch Village Two dated
February 13, 2007, and is generally described as the area surrounded by
Telegraph Canyon Road, Otay Lakes Road, Heritage Road, Olympic Parkway, La
Media Road, Birch Road, and State Route 125.
b. Rate per Residential Land Use and Fee
The Impact Fee shall be calculated at the rate of $826 per EDU and translated into
a fee per land use based on th+ people per household factor given below, which
rate shall be adjusted from tim~ to time by the City Council.
EDD's
I
0.74
EDU's
$1,114
$826
c. When Payable
The Impact Fee shall be paid: in cash not. later than immediately prior to the
issuance of a building permit." ,
The City Council shall revie~ the amount of the Impact Fee annually or from
time to time. The City Council may, lit such reviews, adjust the amount of this Impact
Fee as necessary to assure construction and operation of the Facilities. The reasons for
which adjustments may be made include, but are not limited to, the following: : (i)
changes in the costs of the Facilities +.S may be reflected by such index as the Council
deems appropriate, such as the En~eering-News Record Construction Cost Index
(ENR-CCI); (ii) changes in the cost of pedestrian bridges; type, size, location or cost of
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Ordinance No.
Page 7
the Facilities to be financed by the Imp~ct Fee; (iii) changes in the land use assumptions
used in the Reports; and (iv) other sound engineering, financing and planning
information. Adjustments to the above Impact Fee may be made by resolution amending
the Master Fee Schedule.
SECTION 12. Authority for Accounting and Expenditures
The proceeds collected from the! imposition of the Impact Fee shall be deposited
into a public facility financing fund (1'Otay Ranch Villages I, 5, 6 and 2 Pedestrian
Bridge Development Impact Fee Fun,jl," or alternatively, "Fund") which is hereby
created and shall be expended only f$r the purposes set forth in this ordinance, the
Director of Finance is authorized to establish various accounts within the Fund for the
Facilities identified in this ordinance and to periodically make expenditures from the
Fund for the purposes set forth herein In accordance with the facilities phasing plan or
capital improvement plan adopted by thlf City Council.
SECTION 13. Findings
The City Council hereby finds the following:
A. The establishment of the I~pact Fee is necessary to protect the public safety
and welfare and to ensure the effective implementation of the City's General
Plan.
B. The Impact Fee is necessary to ensure that funds will be available for the
construction of the Facilities concurrent with the need for these Facilities
and to ensure certainty (n the capital facilities budgeting for growth
impacted public facilities.
C. The amount of the fee k:vied by this ordinance does not exceed the
estimated cost of providing I the Facilities for which the fee is collected.
D. New development project~ within the territory will generate a significant
amount of pedestrian traffi~ that current pedestrian facilities cannot service,
therefore construction of :the Facilities will be needed to service new
development projects.
E. That the legislative finding; and determination set forth in Ordinances 2767
and 2892 continue to be true and correct.
SECTION 14. Impact Fee Additional to pther Fees and Charges
The Impact Fee established by ,this section is in addition to the requirements
imposed by other City laws, policies or regulations relating to the construction or the
financing of the construction of public improvements within subdivisions or
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Ordinance No.
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developments.
SECTION 15. Mandatory Constructi~n of a Portion of the Facilities; Duty to Tender
Reimbursement Offer
Whenever a developer is requijred as a condition of approval of a development
permit to construct or cause the constnjction of the Facilities or a portion thereof, the City
may require the developer to install :the Facilities according to design specifications
approved by the City and in the size 'or capacity necessary to accommodate estimated
pedestrian traffic as indicated in the! Report and subsequent amendments. If such a
requirement is imposed, the City sh.ll offer, at the City's option, to reimburse the
developer from the Fund either in cashior over time as Fees are collected, or give a credit
against the Impact Fee levied by thi~ ordinance or some combination thereof, in the
amount of the costs incurred by the ~eveloper that exceeds their contribution to such
Facilities as required by this ordinance,i for the design and construction of the Facility not
to exceed the estimated cost of that pajticular Facility as included in the calculation and
updating of the Impact Fee. The City! may update the Impact Fee calculation, as City
deems appropriate prior to making s~ch offer. This duty to offer to give credit or
reimbursement shall be independent ofllie developer's obligation to pay the Impact Fee.
!
SECTION 16. Voluntary Constructio~ of a Portion of the Facilities; Duty of City to
Tender Reimbursement Offer
If a developer is willing and ag~ees in writing to design and construct a portion of
the Facilities in conjunction with the !prosecution of a development project within the
Territory, the City may, as part of a written agreement, reimburse the developer from the
Fund either in cash or over time as Fees are collected, or give a credit against the Impact
Fee levied by this ordinance or some i combination thereof, in the amount of the costs
incurred by the developer that exceeds ~heir contribution to such Facilities as required by
this ordinance, for the design and constiruction of the Facility not to exceed the estimated
cost of that particular Facility as included in the calculation and updating of the Impact
Fee and in an amount agreed to in advance of their expenditure in writing by the City.
The City may update the Impact Fee: calculation, as City deems appropriate prior to
making such offer. This duty to e*tend credits or offer reimbursement shall be
independent of the developer's obligati'ln to pay the Impact Fee.
SECTION 17. Procedure for Entitlemerj.t to Reimbursement Offer
The City's duty to extend a reimbursement offer to a developer pursuant to
Section 15 or 16 above shall be conditIoned on the developer complying with the terms
and conditions of this section:
a. Written authorization shall be requested by the developer from the City and
issued by the City Councili by written resolution before developer may incur
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Ordinance No.
Page 9
any costs eligible for f<limbursement relating to the construction of the
Facilities, excluding any tork attributable to a specific subdivision project.
b. The request for authoriz!jtion shall contain the following information, and
the City may from time tQ time request such other information as:
(I) Detailed descriptions pf the work to be conducted by the developer with
the preliminary cost e~timate.
c. If the Council grants authprization, it shall be by written agreement with the
Developer, and on the following conditions among such other conditions as
the Council may from tim~ to time impose:
(1) Developer shall prepare all plans and specifications and submit same to
the City for approval; :
(2) Developer shall secu* and dedicate any right-of-way required for the
improvement work;
(3) Developer shall secure all required permits and environmental
clearances necessary fbr construction of the improvements;
(4) Developer shall provi~e performance bonds in a form and amount, and
with a surety satisfactory to the City;
(5) Developer shall pay all City fees and costs.
(6) The City shall be helq harmless and indemnified, and upon demand by
the City, defended by! the developer for any of the costs and liabilities
associated with the imjJrovements.
(7) The developer shall a~vance all necessary funds for the improvements,
including design and ~onstruction. The City will not be responsible for
any of the costs of co~tructing the facilities.
(8) The developer shall sepure at least three (3) qualified bids for work to be
done. The constructiOln contract shall be granted to the lowest qualified
bidder. Any claims ror additional payment for extra work or charges
during construction s1l.all be justified and shall be documented to the
satisfaction of the Cityi Engineer.
(9) The developer shall Iirovide a detailed cost estimate, which itemizes
those costs of the coqstruction attributable to the improvements. Soils
Engineering shall be limited to 7.5 percent of the project cost, Civil
Engineering shall be! limited to 7.5 percent of the hard cost and
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Ordinance No.
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(15)
landscape architectur~ shall be limited to 2 percent of the landscaping
cost. The estimate is ipreliminary and subject to final determination by
the City Engineer upop completion of the Public Facility Project.
(10)
The agreement may! provide that upon determination of satisfactory
incremental completi~n of the public facility project, as approved and
certified by the City Engineer, the City may pay the developer progress
payments in an amou*t not to exceed 75 percent of the estimated cost of
the construction comIlleted to the time of the progress payment but shall
provide in such case for the retention of 25 percent of such costs until
issuance by the City of a Notice of Completion.
(II)
The agreement maYjrOVide that any funds owed to the developer as
reimbursements may e applied to the developer's obligations to pay the
impact Fee for build' g permits to be applied for in the future.
(12)
When all work has b~en completed to the satisfaction of the City, the
developer shall su~mit verification of payments made for the
construction of the pr~ject to the City. The City Engineer shall make the
final determination! on expenditures, which are eligible for
reimbursement.
(13)
After [mal determination of expenditures eligible for reimbursement has
been made by the PuJ:1lic Works Director, the parties may agree to offSet
the developer's duty:to pay Impact Fees required by this ordinance
against the City's dutyl to reimburse the developer.
(14)
After offset, if any funds are due the developer under this section, the
City may at its optioq, reimburse the developer from the Fund either in
cash or over time as! Fees are collected, or give a credit against the
Impact Fee levied by this ordinance or some combination thereof, in the
amount of the costs in~uITed by the developer that exceeds their required
contribution to such !Facilities as required by this ordinance, for the
design and constructi~n of the Facility not to exceed the estimated cost
of that particular Facility as included in the calculation and updating of
the Impact Fee and: in an amount agreed to in advance of their
expenditure in writinglby the City.
A developer may transfer a credit against the Impact Fee to another
developer with the wntten approval of the City Engineer in hislher sole
discretion.
SECTION 18. Procedure for Fee Modification
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Ordinance No.
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Any developer who, because i of the nature or type of uses proposed for a
development project, contends that application of the Impact Fee imposed by this
ordinance is unconstitutional or urtelated to mitigation of the burdens of the
development, may apply to the City Cbuncil for a waiver or modification of the Impact
Fee or the manner in which it is calcultted. The application shall be made in writing and
filed with the City Clerk not later than fen days after notice is given of the public hearing
on the development permit applicati04 for the project, or. if no development permit is
required, at the time of the filing of thel building permit application. The application shall
state in detail the factual basis for the qlaim of waiver or modification, and shall provide
an engineering and accounting report showing the overall impact on the Development
Impact Fees (DIF) and the ability of th~ City to complete construction of the Facilities by
making the modification requested ~y the applicant. The City Council shall make
reasonable efforts to consider the apElication within sixty days after its filing. The
decision of the City Council shall be ,final. The procedure provided by this section is
additional to any other procedure au~orized by law for protection or challenging the
Impact Fee imposed by this ordinance. ,
SECTION 19. Fee Applicable to Publici Agencies
Development projects by publiclagencies, including schools, shall be exempt from
the provisions of the Impact Fee. '
SECTION 20. Assessment District
If any assessment, communit~ facilities district or special taxing district is
established to design, construct and i pay for any or all of the Facilities ("Work
Alternatively Financed"), the owner or developer of a project may apply to the City
Council for reimbursement from the F~d or a credit in an amount equal to that portion of
the cost included in the calculation' of the Impact Fee attributable to the Work
Alternatively Financed. In this regard, t~e amount of the reimbursement shall be based on
the costs included in the Report, as arrlended from time to time, and therefore, will not
include any portion of the financing COsl:S associated with the formation of the assessment
or other special taxing district.
SECTION 21. Expiration of this Ordinapce
This ordinance shall be of no ifurther force and effect when the City Council
determines that the amount of Impact F~es which have been collected reaches an amount
equal to the cost of the Facilities.
SECTION 22. Time Limit for Judicial Action
Any judicial action or proceediJilg to attack, review, set aside, void or annul this
ordinance shall be brought within the lime period as established by law. In accordance
with Government Code Section 6602Q(d)(I), the ninety-day approval period in which
!
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Ordinance No.
Page 12
parties may protest begins upon the eff~ctive date of this ordinance.
i
SECTION 23. Other Not Previously D~fined Terms
For the purposes of this ordinaJjtce, the following words or phrases shall be
construed as defined in this Section, un/ess from the context it appears that a different
meaning is intended.
(a) "Building Permit" niJeans a permit required by and issued pursuant to
the Uniform Build~g Code as adopted by reference by this City.
(b) "Developer" means the owner or developer of a development.
(c) "Development Perrnlit" means any discretionary permit, entitlement or
approval for a de*elopment project issued under any zoning or
subdivision ordinan~e of the City.
(d) "Development Project" or "Development" means any activity
described in Sectioni66000 of the State Government Code.
(e) "Single Family Atulched Dwelling" means a single-family dwelling
attached to another ~ingle family dwelling, with each dwelling on its
own lot.
SECTION 24. Effective Date
This ordinance shall become etffective sixty days after its second reading and
adoption.
Presented by
Pipproved as to form by
Scott Tulloch
City Engineer
~ ,'.[iIJ~Quo J
: Moo
. y Attorney
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