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of the City Charter. Any such restatement of existing provisions of the <br />Code is not intended, nor shall it be interpreted, as constituting a new <br />action or decision of the City Council, but rather such provisions are <br />repeated for tracking purposes only in conformance with the Charter. <br />Section 2. Definitions. The following words and phrases are defined for <br />purposes of this ordinance as follows: <br />"Applicant" means the owner or owners of record of the real property for which a <br />fee deferral is sought pursuant to this ordinance. <br />"Code" means the Santa Ana Municipal Code. <br />"Executive Director" means the Executive Director of the Planning and Building <br />Agency of the City. <br />"Eligible Applicant" means an Applicant meeting the Eligibility Criteria for deferral of <br />impact fees. <br />"Eligibility Criteria" means an objective standard established by the Executive <br />Director with concurrence of the City Manger, which may be amended from time to time as <br />deemed necessary, used to determine appropriateness for incentives under this Chapter. <br />"Fee Deferral Agreement" means an agreement, including a deed of trust, by and <br />between the Applicant and the City in a form acceptable to the City Attorney, which is a <br />prerequisite requirement for approval for any fee deferral under this ordinance. The Fee <br />Deferral Agreement shall include provision for the payment of the City's reasonable costs <br />in preparing. <br />"Nonresidential" means (a) those commercial business activities which are <br />permitted or allowed in the C1, C2, C4, or C5, or in commercial CR, SP or SD zoning <br />districts as set forth in Title 41 of this Code, or (b) those industrial business activities which <br />are permitted or allowed in the M1 or M2 zoning districts as set forth in Chapter 41 of this <br />Code. <br />"Subject Property" means the real property owned by the Applicant subject to the <br />Fee Deferral Agreement. <br />"Residential" means those activities which are permitted or allowed in the RE, R1, <br />R2, R3, R4, PD, or in residential CR, SP or SD zoning districts, as set forth in section 41- <br />143 of this Code, and includes a live-work community as set forth in section 41-101.5 of <br />the Code. <br />Ordinance No. NS-XXX <br />Page 2 of 6 <br />11 B-2