Sacramento Municipal Code Art. I General Provisions

Unless the contrary is stated or clearly appears from the context in which a term is used, the following definitions shall govern construction of the words and phrases used in this chapter:

"Development" means the uses to which property will be put, the buildings and improvements to be constructed on it, and the construction activities incident thereto, together with the process of obtaining all required land use entitlements.

"Development project" means any project undertaken for the purpose of development, exclusive of projects undertaken by or for public agencies, including, without limitation, schools and parks.

"Dwelling unit" means any building or portion of a building used or designed for use as a residence by an individual or any group of individuals living together or as a family, excepting therefrom any unit rented or leased for temporary residency, such as a motel and hotel room.

"Government Code" means the Government Code of the state of California and any provision thereof cited in this chapter, as such provision exists as of the date of the enactment of this chapter, or as may thereafter be amended or renumbered from time to time.

"Nexus study" means the report entitled, "North Natomas Nexus Study," dated October 17, 1995, approved by the city council on October 31, 1995, by Resolution No. 95-619, including the other studies, reports, and other supporting data referred to and relied upon in said study, as such study exists as of the date of the enactment of this chapter, or as may thereafter be amended or supplemented from time to time.

"North Natomas community plan" means the community plan adopted by the city council, by Resolution No. 94-259, dated May 3, 1994, as such plan exists as of the date of the enactment of this chapter, or as may thereafter be amended or supplemented from time to time.

"North Natomas finance plan area" carries with it the same definition set forth in the North Natomas financing plan, as such area may exist from time to time.

"North Natomas financing plan" means the financing plan adopted by the city council by Resolution No. 94-495, dated August 9, 1994, as such plan exists as of the date of the enactment of this chapter, or as may thereafter be amended or supplemented from time to time. (Prior code § 84.01.100)

A. If any section, phrase, sentence, or other portion of this chapter for any reason is held or found to be invalid, void, unenforceable, or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this chapter.

B. If any fee established by this chapter for any reason is held or found to be invalid, void, unenforceable, or unconstitutional by a court of competent jurisdiction, such fee shall be deemed a separate, distinct and independent fee, and such holding shall not affect the validity of the remaining fees established by this chapter.

C. If any fee established by this chapter is held or found to be invalid, void, unenforceable, or unconstitutional by a court of competent jurisdiction based upon an insufficient nexus to a specific public facility, improvement, infrastructure or property for which the revenue generated from such fee may be expended pursuant to this chapter, said fee as it relates to such specific public facility, improvement, infrastructure or property shall be deemed a separate, distinct and independent fee, and such holding shall not affect the validity of the fee as it relates to other public facilities, improvements, infrastructure or property. (Prior code § 84.01.101)