§ 3.56.020. Definitions

The following terms shall, for the purpose of this chapter, have the meanings specified:

A.

Land use entitlement shall mean any entitlement required for private development of land, where the city council has full discretion to approve, conditionally approve, or deny an application for the entitlement relating to annexation of land to the city, general or specific plan establishment or amendment, zoning or rezoning (including planed use developments), development agreements, tentative parcel maps or subdivision maps, special permits, or similar entitlements.

B.

Infrastructure plans shall mean a plan that is approved by city council and that specifies all public infrastructures required for development of the land that is covered by the plan.

C.

Public infrastructure shall include, but not be limited to roads and streets; sewer trunk and collection facilities, together with any necessary pumping or treatment facilities; drainage and flood control facilities, including without limitation conveyance facilities, pumping facilities, levees and associated facilities; electrical, natural gas, telephone, and other required utility facilities; facilities required for protection of environmental values, including without limitation all necessary environmental and/or habitat protection studies, measures, and facilities.

D.

Financing plan shall mean a written comprehensive plan for private funding of the costs of all public infrastructure determined to be necessary for development of the land covered by the financing plan, as specified in the infrastructure plan, together with private funding for maintenance costs associated with the public infrastructure and other improvements such as landscaping along roadways. The financing plan shall include no city general funds contributions, but can contain municipal financing mechanisms such as assessment districts, special tax districts, maintenance districts, and development impact fees.

E.

Financing plan agreement shall mean a written agreement prepared by the city attorney, that contains provisions including, but not limited to the following:

1.

A requirement for full, complete, good faith participation by landowners in each and every requirement contained in a financing plan when the plan is adopted;

2.

A specification that "participation" means good faith cooperation and strict adherence to all provisions of the financing plan, including payment of monies in the amounts required when required.

3.

A requirement for appropriate waiver of protest rights, whether those rights are statutory or constitutional, as to the formation of financing districts and establishment of an impact fee structure, and as to the amounts required to be paid pursuant to any of the financing mechanisms specified in the financing plan.

4.

A requirement that the landowner and developer pay estimated fees pending final approval of a financing plan, and that they pay "catch-up" fees or other fee differentials between the estimated and the actual fees, once the financing plan is adopted by the city council and the fees have been established by city council action.

5.

Such other provisions as may be required by resolution of the city council or by the city manager or the city attorney.

(Ord. No. 88)