For the purposes of this chapter, the following definitions shall apply:
(a) "Affordable housing" shall mean housing with a purchase price or rent that is affordable to a "moderate," "low" or "very low" income household, as those terms are defined by the California Department of Housing and Community Development, as applicable to Santa Clara County.
(b) "Construction cost index" shall mean the construction cost index for the San Francisco Bay Area set forth in the Engineering News Record published by McGraw Hill and Associates. In the event the Engineering News Record ceases to calculate and publish this index, then the city manager may designate a comparable, alternative index to serve as the construction cost index.
(c) "Dwelling unit" shall have the meaning set forth in Section 18.04.030 of this code
(d) "Eligible safety enhancements" shall mean (i) the improvements identified in the Charleston Arastradero Corridor Pedestrian and Bicyclist Safety Impact Fee Nexus Study approved by the city council, and (ii) other improvements to streets, sidewalks, and related facilities that are approved by the city council that may be substituted for an identified improvement because they will mitigate similar pedestrian or bicyclist safety impacts.
(e) "Existing development" shall mean structures present (at the time the amount of the fee is calculated) on parcels upon which new development is planned to occur.
(f) "Fee" shall mean the Charleston Arastradero Corridor Pedestrian and Bicyclist Safety Impact Fee imposed pursuant to this chapter.
(g) Any reference in this chapter to the "Government Code" or to a section of the "Government Code" shall refer to the California Government Code as it exists at the time this ordinance is applied and shall include amendments to that code made subsequently to the adoption of this chapter, it being the intent of the city to maintain the fee in compliance with applicable law.
(h) "New development" shall mean the construction of new structures or additions to existing structures in the city and, with respect to residential development, any development project that creates additional dwelling units. "New development" shall not mean replacement or expansion of an existing dwelling unit. With respect to nonresidential development, "new development" shall also mean any development project that creates additional square footage of useful area or changes the use of an existing structure.
(Ord. 4880 § 2 (part), 2005)