Chapter 5.11

COMMERCIAL LINKAGE FEE

Sections:

• 5.11.010 Purpose and findings.

• 5.11.020 Definitions.

• 5.11.030 Commercial linkage fee requirement.

• 5.11.040 Applicability of fee.

• 5.11.050 Exceptions.

• 5.11.060 Fee adjustments and waivers.

• 5.11.070 Fee refunds.

• 5.11.080 Fee revenue fund.

• 5.11.090 Expenditure of commercial linkage fee fund.

• 5.11.100 Fee revision by resolution.

• 5.11.110 Regulations.

• 5.11.120 Enforcement.

• 5.11.130 Interpretation.

• A. The purpose of this Chapter is to facilitate the development and availability of housing affordable to a broad range of households with varying income levels within the City of San José by adopting a Commercial Linkage Fee that will supplement other public funding sources for Affordable Housing in the City of San José.

• B. The City's Envision San José 2040 General Plan recognizes that Affordable Housing is a

critical component to the City's economic and social health. Establishing a Commercial Linkage Fee to assist in financing Affordable Housing production is consistent with and will implement the General Plan's Housing goals and policies for Affordable Housing, which include the following:

• Facilitating the provision of housing across location, type, price and status as rental or ownership that respond to the needs of all economic and demographic segments of the community (Policy H-1.2).

• Encourage purchase assistance programs for "starter" housing (Policy H-1.6).

• Facilitate the production of extremely low-, very low-, low-, and moderateincome housing by maximum use of resources at the federal, state and local levels (Policy H-2.1).

• Preserve and improve San José's existing affordable housing stock and increase its supply such that 15% of all new housing stock developed is affordable to low-, very low-, and extremely low-income households (Goal H-2).

• Facilitate the production of affordable and safe housing for workers who provide goods and services to San José residents and businesses (Policy H-12.8).

• Facilitate housing that is affordable to those employed in population-serving, business-support, and driving industries. (Policy H-1.10).

• Provision of affordable moderate-income housing (Policy H-2.1).

• Encouragement of purchase assistance programs for starter housing (H-1.6).

• C. Providing Affordable Housing for new employees in lower- and moderate- income jobs locally (rather than leaving those employees to obtain housing in lower cost areas far from San José employment centers and transit corridors) helps implement the General Plan policy aimed at minimizing housing's contribu-

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• tion to greenhouse gas emissions and locating housing to reduce vehicle miles traveled and auto dependency. If the increased demand for Affordable Housing is not addressed within San José it will cause such housing to be built elsewhere, in areas with lower land values that are far from City employment centers and transit corridors, and the resulting commuting will cause increased traffic and transit demands and consequent noise and air pollution.

• D. If the increased demand for Affordable Housing is not addressed within San José it may also impact economic growth in that businesses within the City may find it more difficult to attract and retain the variety of workers that they need.

• E. Development of Affordable Housing using Commercial Linkage Fee funds to increase the supply of Affordable Housing also implements policies of the State of California to: (1) provide sufficient capacity for new housing affordable at all income levels necessary to accommodate the State's future economic growth; and (2) by providing housing for lower- and moderate- income retail and service workers, long commutes from less expensive housing markets can be avoided and thus contribute to the implementing the Global Warming Solutions Act of 2006 and the Sustainable Communities and Climate Protection Act of 2008.

• F. State housing policy requires the City to assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. There is a significant shortage of housing affordable to low- and moderate- income households, which will only increase as the finite number of residentially zoned parcels within the City are purchased and developed for market rate residential developments. This loss of residential land available for Affordable Housing is another impact of market rate residential development.

• G. The requirements of this Chapter are based on a number of factors including, but not limited to, the City's long-standing commitment to economic diversity; the serious need for Affordable Housing as reflected in local and State housing laws, regulations, and policies; the demand for Affordable Housing created by Non-Residential Development; and the impact that the lack of Affordable Housing production has on the health, safety, and welfare of the City's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. Imposing a fee that is reasonably related to the burdens created by new Non-Residential Development on the City's need for Affordable Housing will enable the City to fund development of Affordable Housing units that will contribute to addressing these impacts and fulfilling these goals.

• H. The City has prepared a Nexus Study which shows, and the City Council finds, that there is a reasonable relationship between the purpose for which the fees established by this Chapter are to be used and the type of development projects on which the fees are imposed, between the need for affordable housing and nonresidential development and between the amount of the fees and the cost of the Affordable Housing units or portion of the units attributable to the development on which the fees are imposed. The Nexus Study complies with the requirements of California Government Code section 66001(A)(4) by establishing the reasonable relationship between the need for affordable housing and non-residential development.

• I. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the City Charter, the Subdivision Map Act, the California Environ-

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mental Quality Act, and other state and local laws, which may authorize the imposition of project specific conditions on development. (Ord. 30475.)

The definitions set forth in this Section shall govern the application and interpretation of this Chapter:

• A. "Affordable Housing" means housing that is provided at an Affordable Housing Cost to households of Extremely Low Income, Very Low Income, Lower Income, and Moderate Income. "Affordable Housing Cost" is as defined by California Health & Safety Code section 50052.5 for owner-occupied housing and as defined by California Health & Safety Code section 50053 for rental units, as applicable. "Extremely Low Income Household" is as defined in California Health & Safety Code section 50106. "Very Low Income Household" is as defined in California Health & Safety Code section 50105. "Lower Income Household" is as defined in California Health & Safety Code section 50079.5. "Moderate Income Household" is as defined in California Health & Safety Code section 50093(b).

• B. "Applicant" means any person or entity who is an applicant, developer, owner, or appellant with a property interest in a Non-Residential Project subject to the terms of this Chapter, and the authorized representative of any such person or entity.

• C. "Building Permit" includes full structural building permits as well as partial permits such as foundation-only permits.

• D. "Certificate of Occupancy" means the permit issued by the City Building Division authorizing the initial occupancy of one or more buildings and includes final inspections and temporary certificate of occupancy permits.

• E. "City Manager" means the City Manager of the City of San José or City Manager's designee.

• F. "Commercial Linkage Fee" means the fee adopted by the City Council pursuant to this Chapter to be paid to the City pursuant to Section 5.11.030 of this Chapter in connection with approval of a Development Permit to contribute to the creation of Affordable Housing production or preservation to offset additional need for Affordable Housing generated by new Non-Residential development.

• G. "Credit Units" means new Affordable Housing rental units to be constructed on or off the site of the Non-Residential Project.

• H. "Covenant Credit Units" means existing unrestricted market rate rental units to be restricted as Affordable Housing rental units.

• I. "Development Permit includes any rezoning, tentative subdivision map, vesting tentative subdivision map, parcel map, conditional use permit, special use permit, building permit, or other entitlement for a Non-Residential Project.

• J. "Geographic Subarea" means one or more of the following geographic areas within the corporate limits of the City of San José as generally depicted in Section 2.3, Map 1 entitled "Geographic Subareas" of the Feasibility Study and more specifically described as follows:

  1. "Downtown and Nearby" means the subarea encompassing approximately three square miles generally bounded to the north by Taylor Street from the boundary of the West San José subarea to State Route 87, south on State Route 87 to Coleman Avenue, and Coleman Avenue to Julian Street, and Julian Street to North 5th Street. The eastern boundary of the subarea runs south

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from the intersection of East Julian Street and North 5th Street to the intersection of East San Fernando Street from which point it includes the properties north of East San Fernando Street to the intersection of South 4th Street from which point the eastern boundary includes the properties to the west of South 4th Street between East San Fernando Street and Interstate 280. Interstate 280 establishes the southern boundary of the subarea and to the west the subarea is bounded by the eastern boundary of the West San José subarea.

2. "North San José and Nearby" means the subarea generally bounded to the north by the City limit, bounded to the east by Interstate 680 between the intersection of the City limit and Interstate 680 and the intersection of Interstate 680 and McKee Road; bounded to the south by Highway 101 between McKee Road and the Highway 101/Interstate 880 interchange and Highway 880 between the Highway 101/Interstate 880 interchange and the intersection of Interstate 880 and the railroad tracks between Elm Street and Stockton Avenue; and bounded to the west by these railroad tracks to the City limit.

3. "West San José Urban Villages" means the subarea generally bounded to the east by the intersection of West Taylor Street and the railroad tracks between Stockton Avenue and Chestnut Street and continuing to the north at the point which these railroad tracks intersect the City limit. The eastern boundary continues to the south from the railroad tracks/West Tay-

lor Street intersection east to Stockton Avenue at which point the subarea includes those properties east of Stockton Avenue to the intersection at Morrison Park Drive, then following Morrison Park Drive west to the intersection at West Julian Street. The boundary includes those properties south of West Julian Street to the intersection at Rhodes Court, and includes those properties west of Rhodes Court to the intersection at The Alameda, then east along The Alameda to the intersection at Wilson Avenue. The boundary runs south on Wilson Avenue until it intersects with West San Fernando Street from which point the boundary includes the properties north of West San Fernando Street to the intersection with Sunol Street from which point the boundary continues south on Sunol Street to the intersection with West Home Street, then following West Home Street east to the Los Gatos Creek, then following the Los Gatos Creek until it intersects with Interstate 280. South of Interstate 280 the subarea is generally bounded to the east by Meridian Avenue until the Los Gatos Creek, includes the properties to the west of the Los Gatos Creek from Meridian Avenue until the City limit at South Bascom Avenue. The remainder of the subarea to the north, south and west is bounded by the City limit.

4. "Monterey Corridor" means the subarea generally bounded to the north by West Alma Avenue and East Alma Ave Avenue between State Highway 87 and Senter Road. The eastern boundary of the subarea follows Senter Road from East

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Alma Avenue to Needles Drive and includes the properties south of Needles Drive from Senter Road to Coyote Creek and from this point the eastern boundary follows Coyote Creek from Needles Drive to East Capitol Expressway. The subarea is generally bounded to the south by East Capital Expressway between Coyote Creek and Snell Avenue and includes the area between East Capitol Expressway and Seven Trees Boulevard to the point where these two roads intersect at the north to where Seven Trees Boulevard intersects with Senter Road and from this point west to Monterey Road. The subarea is generally bounded to the west by Snell Avenue from where it intersects with West Capitol Expressway and continues north along Hillsdale Avenue to State Highway 87 and the remainder of the western boundary is State Highway 87 between Hillsdale Avenue to West Alma Avenue. The subarea also includes all properties with frontage on Monterey Road from Alma Ave to Skyway Drive.

5. "Edenvale" means the subarea generally bounded to the east by the properties fronting Hellyer Avenue from the Interstate 101 and Hellyer Avenue overcrossing to the Piercy Road and Hellyer Avenue intersection, and the properties fronting Piercy Road from Piercy Road and Hellyer Avenue intersection to Tennant Avenue; bounded to the southeast by the properties to the northwest of Silicon Valley Boulevard and Bernal Road between Hellyer Road and Santa Teresa Boulevard; bounded to the southwest by the properties northeast of Santa Te-

resa Boulevard between Bernal Road and Cottle Road; bounded to the west by properties fronting Cottle Road between Santa Teresa Boulevard and Blossom Hill Road; bounded to the north by Blossom Hill Road between Cottle Road and Coyote Creek; and bounded to the west by Coyote Creek from Silver Creek Valley Road to the Highway 101 and Hellyer Avenue overcrossing.

6. "South and East San José Growth Areas" means any area within the corporate limits of the City of San José that is not included in any of the subareas described in Sections 5.11.020 J.1 through 5 above.

• K. "Nexus Study" means the fee study entitled: "Nexus Analysis of Proposed Commercial Linkage Fees" prepared by Keyser Marston Associates, dated July 2020, and accepted by the City Council on September 1, 2020. The Nexus Analysis of Proposed Commercial Linkage Fees is maintained for public review in the Asset Management Division of the Department of Housing.

• L. "Non-Residential" includes all of the following land use categories with the respective correlating land uses from the Zoning Ordinance (Title 20) for each category:

  1. "Office" includes:

     • (a) social services agencies;

     • (b) health and veterinary services;

     • (c) health services;

     • (d) offices and financial services; and

     • (e) television/radio services.

  2. "Retail" includes:

     • (a) recreation, commercial indoor;

     • (b) cannabis sales;

     • (c) poolroom/billiards;

     • (d) arcade;

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• (e) amusement games;

• (f) card room;

• (g) alcohol sales;

• (h) pawn shop/broker;

• (i) bail bond establishment;

• (j) dining facilities;

  • (k) drinking establishment;

  • (l) drive-through uses;

  • (m) food service;

  • (n) fuel service station;

  • (o) general retail;

  • (p) general services;

  • (q) health recreation;

  • (r) public eating establishment;

  • (s) selling or leasing of vehicles; and

  • (t) photo processing, printing and publishing in retail structures.

3. "Hotel" includes hotel/inn.

4. "Industrial" includes:

   • (a) photo processing, printing, publishing in industrial facilities;

   • (b) recycling uses (not including outdoor storage areas);

   • (c) cleaning establishment;

   • (d) industry;

   • (e) installation or selling of vehicle accessories or services; and

   • (f) manufacturing and industrial services.

5. "Research and Development" or "R&D" includes:

           - (f) common carrier depot (not including outdoor storage areas); and 
   
           - (g) construction/corporation yard (not including outdoor storage areas). 
   
        7. "Residential Care" includes residential care/service facility for seven (7) or more persons. 
   
        8. For any use in a Project that is not included in a Non-Residential land use category in Subsections 1 through 7 herein, the Director of Planning Building and Code Enforcement shall determine which listed use is most similar and the use category for the similar use shall apply to the use that is not included above. 
   
     - M. "Non-Residential Project" means any development having a Non-Residential use component and gross new or additional floor area of five thousand square feet or more or that applies for a permit to change an existing use to a different Non-Residential use category that increases the demand for Affordable Housing. Gross floor area excludes the square footage of any parking area and excludes the square footage of any other area that is specified by the City Council in its resolution adopting the schedule of fees. 
   

   • (Ords. 30475, 30744.)

   • (a) research and development;

   • (b) lab; and

   • (c) processing.

6. "Warehouse" includes:

   • (a) animal boarding;

   • (b) stockyard;

   • (c) warehouse; and

   • (d) wholesale (not including outdoor storage areas);

   • (e) waste/hazardous material storage (not including outdoor storage areas);

• A. The Commercial Linkage Fee shall be specified by resolution of the City Council, which may vary by applicable Subarea and type of Non-Residential Project.

• B. To account for inflation in Affordable Housing development costs, the Commercial Linkage Fee specified in subsection A above shall be increased by the Engineering News Record (ENR) Construction Cost Index for the San Francisco Urban area published by McGraw

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Hill on January 1 of every year, or its successor publication, for the preceding twelve (12) months.

• C. Compliance with this Chapter shall be a condition of approval of all Development Permits for Non-Residential Projects, whether or not the condition of approval is expressly included in the Development Permit.

• D. Unless otherwise specified by the City Council in its resolution adopting the schedule of fees, the Commercial Linkage Fee shall be paid prior to scheduling of final building inspection for new Non-Residential Projects in the City. The Applicant shall pay the amount of the fees in effect at the time of issuance of the Building Permit according to the resolution specifying the schedule of fees in place on the date the fees are paid as automatically adjusted in accordance with Section 5.11.030 B through the date of payment.

• E. Failure to pay the Commercial Linkage Fee within the time specified in this Chapter shall result in the imposition of additional charges as set forth by resolution of the City Council.

• (Ords. 30475, 30744.)

Chapter because the City has determined that such uses do not create a need or create a minimal need for Affordable Housing:

1. Shelter/hotel supportive housing;

2. Agriculture;

3. Aquaculture; aquaponics, and hydroponics;

4. Stadiums, arenas, performing arts venues, and rehearsal space;

5. Cemetery;

6. Certified farmer's market and neighborhood agriculture;

7. Assembly uses;

8. Commercial vehicle storage;

9. Data center;

10. Day Care;

11. Education and training;

12. Energy generation facility;

13. Mineral extraction;

14. Museums, libraries, parks, playgrounds, community centers public or private;

15. Outdoor vending;

16. Parking;

17. Peaking power plant;

18. Public and quasi-public;

19. Stand-by/backup facilities;

The regulations, requirements, and provisions of this Chapter and Council resolutions adopted pursuant to this Chapter shall apply to any NonResidential Project or portion of any Non-Residential Project for which a Development Permit was approved or an application for a change in existing use(s) was made:

• A. On or after October 1, 2019 and the Development Permit includes a condition of approval requiring the payment of the Commercial Linkage Fee; or

• B. On or after the effective date of this Chapter.

• (Ord. 30475.)

• A. The following projects or portions of projects shall not be subject to the requirements of this

20. Public storage/mini-storage;

21. Utilities/electric power generation;

22. Utilities/power generation;

23. Utility facilities;

24. Wireless communication antenna;

25. A project or the portion of a project that is required to comply with the Inclusionary Housing Ordinance (Chapter 5.08) or the Housing Impact Fee Resolution (Resolution No. 77218 as amended);

26. Any resident-serving Non-Residential portion of a multi-family rental housing project (including child care, employment, social, and counselling services, and the like) developed by a nonprofit housing provider if the Applicant is receiving financial assistance through a public agency, so long as the multi-family rental housing project is an Affordable Hous-

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ing project meeting the requirements of state or local law and the project's Affordable Housing obligations are secured by a recorded regulatory agreement, recorded memorandum of agreement, or recorded covenant with a public agency for a minimum period of fifty-five (55) years; and

27. Re-occupancy of square footage in an existing building or structure if there is no change of use.

• B. If a development is exempt from the Commercial Linkage Fee at the time the initial building permit is issued, but later converts to a NonResidential use subject to this Chapter, the converted square footage will be deemed net new Non-Residential square footage and the commercial linkage fee shall be paid prior to issuance of the Certificate of Occupancy for the converted square footage.

• (Ord. 30475.)

• A. Affordable Housing-New Construction. The Applicant may request credit for new Affordable Housing rental units to be constructed on or off the site of the Non-Residential Project ("Credit Units") in accordance with the guidelines. The credit will be implemented as a reduction in the square footage of floor area otherwise subject to the Commercial Linkage Fee. For each Credit Unit, the Commercial Linkage Fee is satisfied for a specified amount of floor area, with the amount of floor area varying according to the affordability required by the recorded restriction. Credit amounts for Low Income units are calculated as the in-lieu fee for Strong Market areas established pursuant to the Inclusionary Housing Ordinance, Chapter 5.08 of Title 5 of the San José Municipal Code, expressed as an equivalent amount per required affordable unit, and divided by the per square foot Commercial Linkage Fee rate for office uses over 100,000 square feet. Credits for units in other income categories are calculated based on a proportionate

  • adjustment to the credit for Low Income units using the Affordability Gaps determined pursuant to the Inclusionary Housing Ordinance. Prior to the deadline for the payment of the Commercial Linkage Fee, these Credit Units must be completed and a City affordability restriction must be recorded on the property where the units are located, consistent with the guidelines. The Credit Units must comply with the requirements in this Section and in the implementing guidelines, which are intended to impose standards substantially similar to those required under the Inclusionary Housing Ordinance. The Credit Units must have at least an average of 1.3 bedrooms per unit. Affordable housing projects or units that have received or will receive a funding or land contribution by the City or the County of Santa Clara and units restricted to meet Inclusionary Housing Ordinance obligations may not be used as Credit Units.

• B. Affordable Housing Covenants. The Applicant may request credit for restriction of existing unrestricted market rate rental units as Affordable Housing rental units ("Covenant Credit Units") in accordance with the guidelines. The credit for these units will be implemented as a reduction in the square footage otherwise subject to the Commercial Linkage Fee, determined pursuant to the formula described in Subsection A, provided that the credit for a Covenant Credit Unit shall be half of what would be allowed for a Credit Unit. The Covenant Credit Units must have an average of 1.3 bedrooms per unit. Credit for Moderate Income Covenant Credit Units will only be granted if market rate rents for comparable units exceed 30% of 120% of area median income. The Covenant Credit Units site must comply with the siting requirements of the Inclusionary Housing Ordinance. The Covenant Credit Units and the building where they are located must have been built or substantially rehabilitated within the last five years or otherwise demonstrate a remaining life of

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55 years. The building and Covenant Credit units must meet the applicable standards in the guidelines. The Covenant Credit Units must be vacant or occupied by a household that is income eligible and no tenant shall have been removed in order to create a vacancy. A City affordability restriction must be recorded on the property where the Covenant Credit Units are located consistent with the guidelines and prior to the deadline for the payment of the Commercial Linkage Fee for the Non-Residential Project.

(Ord. 30744.)

• A. An Applicant for any Non-Residential Project subject to the fee described in section 5.11.030 may request that the requirements of this Chapter be waived, adjusted, or reduced based on a showing that applying the requirements of this Chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property.

• B. To receive an adjustment or waiver, the Applicant must submit an application in writing to the City Manager at the time the Applicant files a discretionary project application for the Non-Residential Project, or if no such project application is required, at the time of filing the building permit application. The Applicant shall bear the burden of presenting substantial evidence to support the request and set forth in detail the factual and legal basis for the claim, including all supporting documentation.

• C. The City Manager shall render a written decision within ninety (90) days after a complete application with supporting documentation is filed. The City Manager's decision shall be the final determination of the City on the application for fee adjustment or waiver.

• D. If the City Manager, upon legal advice provided by or at the behest of the City Attorney, determines that applying the requirements of this Chapter would effectuate an unconstitu-

  • tional taking of property or otherwise have an unconstitutional application to the property, the City Manager shall adopt written findings therefor based on substantial evidence supporting the determinations required by this Section. The Commercial Linkage Fee requirements shall only be adjusted or waived to reduce the obligations under this Chapter to the extent necessary to avoid an unconstitutional result. If the City Manager determines that no violation of the United States or California Constitutions would occur through application of this Chapter, the requirements of this Chapter remain fully applicable.

• E. If an adjustment or waiver is granted, any change in use from the approved project shall invalidate the adjustment or waiver.

• (Ord. 30475.)

• A. If a commercial linkage fee is collected on a Non-Residential Project and the permit for that Project later expires, is vacated, or voided before commencement of construction, the Applicant shall, upon request, be entitled to a refund of the unexpended housing commercial linkage fee paid, less a portion of the fee sufficient to cover costs of collection, accounting for and administration of the fee paid. Any request for a refund shall be submitted in writing to the Director of Housing within one (1) year of the date that the permit expires or is vacated or voided. Failure to timely submit a request for refund shall constitute a waiver of any right to a refund.

• B. Fees collected pursuant to this Chapter which remain unexpended or uncommitted for five (5) or more fiscal years after deposit into the Commercial Linkage Fee Fund shall be accounted for or may be refunded as provided by State law.

• (Ord. 30475.)

• A. There is hereby created and established the Commercial Linkage Fee Fund.

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• B. The fees paid to the City pursuant to the provisions of this Chapter shall be deposited into the Commercial Linkage Fee Fund and used solely for the purpose described in this Chapter.

• C. All interest which accrues from monies in the Commercial Linkage Fee Fund shall be credited to this fund.

• D. Any repayments of loans made from the Commercial Linkage Fee Fund shall be deposited into the Commercial Linkage Fee Fund.

• E. The Commercial Linkage Fee Fund, shall be subject to all of the applicable provisions of California Government Code section 66000 et seq.

(Ord. 30475.)

All monies in the Commercial Linkage Fee Reserve Fund shall be expended solely on the production or refurbishment of Affordable Housing to help fulfill the need identified in the Nexus Study to increase the supply of housing affordable to households of extremely low, very low, low, or moderate income, or such other report as may be prepared from time to time to document the reasonable fair share of the costs to mitigate the increased need for Affordable Housing that is created by new NonResidential development. Such expenditures may include, but are not necessarily limited to the following:

• A. Reimbursement of or payment for, for all direct and indirect costs incurred by the City to fund the production of Affordable Housing pursuant to this Chapter, including but not limited to, the cost of land and right-of-way acquisition, planning, legal advice, engineering, design, construction, construction management, materials and equipment, or issuing loans to nonprofit Affordable Housing developers to acquire land and/or to rehabilitate existing buildings or build new developments to increase the supply of Affordable Housing units.

• B. Costs of issuance or debt service associated with bonds, notes or other security instruments issued to fund Affordable Housing.

• C. Reimbursement for the reasonable and necessary administrative costs incurred by the City in establishing or maintaining the Commercial Linkage Fee Fund, including but not limited to the cost of studies to establish the requisite nexus between the fee amount and the use of fee proceeds and yearly accounting and reports.

No portion of the Commercial Linkage Fee Fund may be diverted to other purposes by way of loan or otherwise.

(Ord. 30475.)

The amount of the Commercial Linkage Fee and the formula for the automatic annual adjustment established by this Chapter may be reviewed and revised periodically by resolution of the City Council. This Chapter shall be considered enabling and directive in this regard.

(Ord. 30475.)

The City Manager is authorized to adopt written administrative regulations or guidelines that are consistent with and that further the terms and requirements set forth in this Chapter. (Ord. 30475.)

• A. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any Applicant from the requirements of this Chapter. No permit, license, map, or other approval or entitlement for a Non-Residential Project shall be issued, including without limitation a final inspection or Certificate of Occupancy, until all applicable requirements of this Chapter have been satisfied.

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• B. The City may, at its discretion, take such enforcement action as is authorized under this Code and/or any other action authorized by law.

• C. The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

• (Ord. 30475.)

Any references to a State statute in this Chapter is deemed to include any successor or amended version of the referenced statute.

• (Ord. 30475.)