Sections:
Article I . General Provisions
18.32.010 Definitions.
18.32.020 Severability.
Article II . Willowcreek Fee
18.32.030 Purposes.
18.32.040 Additional definitions.
18.32.050 Establishment of development impact fees.
18.32.060 Additional findings to be made when establishing the amount of development impact fees.
18.32.070 Proceedings to establish the amount of development impact fees.
18.32.080 Imposition of development impact fees.
18.32.090 Exemptions.
18.32.100 Computation of fees.
18.32.110 Time of payment of fee.
18.32.120 Credits and reimbursements.
18.32.130 Automatic annual adjustment.
18.32.140 Adjustment of fee by resolution.
18.32.150 Protest of fees.
18.32.160 Creation of special funds.
18.32.170 Use of funds.
18.32.180 Disposition of unexpended or unappropriated fee revenues.
18.32.190 Refund of fees paid.
18.32.200 Other fee and dedication requirements.
18.32.210 Annual reports and review of fee.
18.32.220 Development approval.
18.32.230 California state law.
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.
"Fee" and "impact fee" and "development impact fee" means the monetary exaction as defined by subsection (b) of Government Code Section 66000 and shall include, but not be limited to, the fees established pursuant to this chapter.
"Fee resolution" means any resolution adopted by the city council which implements the provisions of this chapter, including, without limitation, the setting of the amounts of the various fees established and the adoption of provisions for credits, reimbursements and deferral relating to such fees.
"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.
"Public infrastructure" means the public improvements, infrastructure, and facilities to be designed, constructed, installed and acquired to serve the Willowcreek project area, which improvements, infrastructure, and facilities are described in the Willowcreek financing plan/nexus study, and the costs of the planning, approval, design, construction, installation, and acquisition of which are to be financed by the development impact fee program set forth within the Willowcreek financing plan/nexus study. Where applicable under the Willowcreek project area, the term "public infrastructure" shall include the acquisition of public land relating to such improvements, infrastructure and facilities. The term "public infrastructure" shall mean a specific public improvement, infrastructure, and facility where the context requires a singular meaning.
"South Natomas community plan" means the community plan adopted by the city council on November 29, 1988 by Resolution No. 88-1017, 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.
"Willowcreek financing plan/nexus study" means the report entitled, "Willowcreek financing plan/nexus study" dated May 13, 1997, approved by the city council on May 13, 1997 by Resolution No. 97-227, including the other studies, reports, and all supporting data (including without limitation any infrastructure, utility, drainage, or transportation plans) 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.
"Willowcreek project area" carries with it the same definition for the "Willowcreek project area" and "Willowcreek plan area" set forth in the Willowcreek financing plan/nexus study, as such area may exist from time to time.
"Willowcreek project area environmental impact report" means the Natomas west assessment district improvements environmental impact report certified by city council Resolution No. 91-563, dated July 23, 1991, as such report 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 § 84.08.800)
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 (or fee component) 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 (or fee component) shall be deemed a separate, distinct and independent fee (or fee component), and such holding shall not affect the validity of the remaining fees (or fee components) established by this chapter.
C. If any fee (or fee component) 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 (or fee component) may be expended pursuant to this chapter, said fee (or fee component) as it relates to such specific public facility, improvement, infrastructure or property shall be deemed a separate, distinct and independent fee (or fee component), and such holding shall not affect the validity of the fee (or fee component) as it relates to other public facilities, improvements, infrastructure or property. (Prior code § 84.08.801)
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