San Joaquin County Municipal Code Div. 3 Construction Provisions

Where they are substantially the same as the provisions of existing ordinances, the provisions of this code shall be considered continuations of existing ordinances and shall not be considered new enactments.

(Ord. 4210 § 2 (part), 2004)

If any title, division, chapter, section, subsection, paragraph, sentence, clause or phrase of this code is held invalid or unconstitutional for any reason by court of competent jurisdiction, that holding shall not effect the validity or constitutionality of the remainder of this code. The Board of Directors hereby declares that it would have adopted each part of this code irrespective of the validity of any other part.

(Ord. 4210 § 2 (part), 2004)

Unless the provisions or the context otherwise requires, these general provisions shall govern the construction of this code:

(a) Gender. The masculine gender includes the feminine and neuter.

(b) The headings of subsections, sections, chapters, divisions and titles of this code shall not be construed to affect the meaning of any part of this code.

(c) May is permissive.

(d) Number. The singular number includes the plural, and the plural the singular.

(e) Oath includes affirmation.

(f) Shall is mandatory.

(g) Tenses The present tense includes the past and future tenses, and the future tense includes the present tense.

(h) Title of Office. The use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the Mountain House Community Services District.

(i) Writing includes any form of recorded or electronic message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise.

(Ord. 4210 § 2 (part), 2004)

Unless the provisions or the context otherwise requires, the following words and phrases where used in this code shall have the meanings given in this section:

(a) "Annexation Fee" means fees collected by the MHCSD from landowners as a condition of annexation of the property into the boundaries of the MHCSD.

(b) "Board" means the Board of Directors of the MHCSD.

(c) "Board of Supervisors" means Board of Supervisors of San Joaquin County.

(d) "Capital Improvement Program (CIP)" means a capital improvement program adopted by the Board pursuant to Government Code Section 66002.

(e) "Certified cost" means all eligible costs of Community Facilities that have been paid by a developer and certified by the MHCSD, which may include, but are not limited to, all costs paid to third parties for studies, design, engineering, consultants, permits, bond fees and capitalized operational costs, construction, construction management, testing, insurance premiums, and maintenance and repairs not covered by a warranty provided by a contractor or supplier.

(f) "Code" means the "Ordinance Code of the Mountain House Community Services District."

(g) "Community" means the Mountain House Community consisting of approximately four thousand seven hundred eighty-four (4,784) acres as designated on the general plan land use map, as well as any off-site lands required to fulfill the requirements of the Community Approvals.

(h) "Community Approvals" means the Community Approvals as granted by the Board of Supervisors at the public hearing held on November 10, 1994, including the General Plan amendment, Master Plan, Development Title amendments. Public Financing Plan, Special Purpose Plans, Specific Plan 1, Master Plan Development Agreement, Specific Plan I Development Agreement, Mitigation Monitoring Program, the tentative Williamson Act cancellations WC -90 7 and WC-90-8 as approved on February 25, 1993, by Resolution No. R-93-111 adopted by the Board of Supervisors, and other land use approvals granted by the County necessary to develop the Community, and as they may be amended.

(i) "Community Facilities" means facilities that are owned, operated and maintained by the MHCSD which are included in the CIP and/or are required pursuant to the Community Approvals, excluding transportation improvements or utility facilities. The Community Facilities includes park facilities (including local, community and regional), library facilities, and public safety and MHCSD facilities as defined in the Community Approvals.

(j) "Community Facilities Fee" means the fees, which shall be imposed upon developers for the provision of the Community Facilities, in accordance with the Community Facilities Fee resolutions adopted by the Board in accordance with the Community Facilities Fee ordinance.

(k) "Community Facilities Fee Technical Report" means a report prepared by Economic and Planning Systems and dated July 2000, which presents the Community Facilities Program and nexus arguments, and all subsequent updates and amendments approved by the Board.

(l) "Community Facilities Program" is a list and schedule of public facilities that can be funded by the Community Facilities Fee Technical Report.

(m) "County" means the County of San Joaquin and any board, commission, department, officer or authorized agent thereof.

(n) "CPI" means the Oakland San Francisco Bay Area Consumer Price Index, "All urban Consumers."

(o) "CSD" means the Mountain House Community Services District and any board, commission, department, officer or authorized agent thereof.

(p) "CSD Actions" or Mountain House Actions" means those actions taken by Mountain House CSD to implement the Community Approvals.

(q) "Developer" means the legal beneficial owner or owners of any land included in a proposed development within the Community, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land, any successor in land, any successor in interest thereto, and/or any person owing or developing land within the Community or contemplating development within the Community.

(r) "District" means the Mountain House Community Services District and/or Board, commission, departments, officer or authorized agent thereof

(s) "ENR Index" means the Engineering News Record, Twenty (20) City construction cost index,

(t) "Equivalent Dwelling Unit (EDU)" means a factor that represents the relative impact on utility or other facilities from each residential and non residential land use category.

(u) "Master Specific Plan" or "Mountain House Master Specific Plan" or "Master Plan" means the policy document which presents policies, requirements and standards for the entire Mountain House Community and guides the preparation of the subsequent specific plans, tentative maps and other approvals required to implement the building of the Mountain House Community

(v) "MHCSD" means the Mountain House Community Services District and/or Board, commission, departments, officer or authorized agent thereof

(w) "MHTIF Technical Report" means the Mountain House Transportation Improvement Fee Technical Report prepared by OpTrans, Inc., and dated March 20, 2000, which presents the transportation improvement and nexus arguments, and all subsequent updates and amendments approved by the MHCSD Board of Directors.

(x) "Oversizing" means the extent to which a Community Facility, Transportation Improvement or Utility Facility is built to serve any property not owned by the developer who is funding the construction of said facility or improvement.

(y) "Person" means any natural person, firm, association, joint venture stock company, partnership, organization, club, company, corporation, business trust or their manager, lessee, agent, servant, officer or employee, and any of them.

(z) "Pledged Facility Component" means the portion of the Utility Rates pledged by the MHCSD to acquire from or reimburse developers for Utility Facilities funded and/or constructed by developers or pay debt service on revenue bonds.

(aa) "Project Acquisition Agreement" means an agreement approved by the MHCSD and entered into between the MHCSD and the developer for funding and construction by the developer of Utility Facilities.

(bb) "Project Reimbursement Agreement" means an agreement approved by the Board and entered into by the MHCSD and developer for funding and construction of Community Facilities, Transportation Facilities or Utility Facilities if such Utility Facilities are funded but not constructed by developer.

(cc) "Public Financing Plan" means the Mountain House Public Financing Plan, prepared by the consulting firm Economic and Planning Systems, Inc., in association with David Taussing and Associates. Inc., and approved by the County Board of Supervisors in November 1994 and all subsequent updates and amendments approved by the County Board of Supervisors.

(dd) "Reimbursement Amount" means the amount that a developer may be entitled to if that developer installs Transportation Improvements, Community Facilities included in Community Facilities Fee and/or Transportation Improvement Fee Technical Reports or provides funding for Utility Facilities at a certified cost that exceeds the amount of the developer's respective fee obligation for the Community Facilities, Transportation Improvements or Utility Facilities constructed or funded.

(ee) "Specific Plan" means for the purpose of the Mountain House Development Title, a plan which is prepared pursuant to Government Code Section 65450 for the systematic implementation of the Mountain House Master Specific Plan and which provides detailed information and instruction regarding the types, locations and densities of land uses; development phasing zoning; regulations; public infrastructure and services; development; and design guidelines. "Specific Plan" includes Mountain House Specific Plan I and subsequent specific plans.

(ff) "Supporting documents" means collectively those plans and programs prepared to provide the background and technical bases for the Mountain House Master Specific Plan and subsequent specific plans. These documents include the community approvals, the Public Financing Plan, the Public Financing Plan Update and the Technical Report.

(gg) "Transportation Improvements" are the Transportation Improvements identified in the Mountain House Traffic Impact Fee Technical Report that will be funded through the Transportation Improvements, in accordance with the Transportation Improvement Fee resolutions adopted by the MHCSD Board in accordance with the Transportation Improvement Fee ordinance.

(hh) "Undeveloped land" means designated or planned for future development within the community for which a building permit has not been issued on or before June 30th of the prior fiscal year.

(ii) "Utility Facilities" means facilities for the provision of water, sewer and stormwater drainage.

(jj) "Utility Rates" means the monthly charges imposed by the MHCSD to fund operating, maintenance, repair and replacement costs, including a capital component to fund Utility Facilities, including the acquisition from, or reimbursement to, developers for said utility facilities.

(Ord. 4210 § 2 (part), 2004)

When a limitation or period of time prescribed in any existing ordinance or statute for acquiring a right of barring a remedy, or for any other purpose, has begun to run before this code goes into effect, the time which has already run shall be deemed a part of the time prescribed as such limitation.

(Ord. 4210 § 2 (part), 2004)