A.

This chapter is enacted pursuant to the general legislative power of the city council and pursuant to Government Code Section 66477.

B.

This chapter is adopted in conformity with the General Plan of the city and conforms to the open space element and recreation element of said plan, as amended.

(Ord. 87-2 Art 28(1), 1987)

As a condition of approval of a final map or parcel map or annexation of any lands to the city, or site plan approval of a residential project, the subdivider or owner shall pay a mitigation fee or dedicate land to the city for park or recreational purposes at the time of recording the map or prior to final annexation according to this chapter or at the time of obtaining a building permit for a residential project.

A.

Said fees may be amended from time to time by the city council by resolution after recommendation by the staff of the city.

B.

"Residential projects" shall include an apartment building, a new single-family dwelling, or single-family dwellings created as part of a planned unit development.

(Ord. 87-2 Art 28 (2), 1987)

It is found and determined that the public interest, convenience, health and welfare require that one acre of land be available for each two hundred persons in this city as land solely devoted to public park and recreational purposes.

(Ord. 87-2 Art. 28 (3), 1987)

In each subdivision, annexation or residential project, the fee for mitigation for park and recreational purposes shall be the sum of eight hundred eighty dollars for each existing or to be created dwelling unit, in excess of the first existing unit. No fee shall be charged for a lot line adjustment which does not create an additional buildable lot nor provide for any additional dwelling unit.

(Ord. 87-2 Art. 28 (4), 1987)

In the event that a subdivider or owner of property offers to dedicate to the city, at its cost, any public recreational facility or park on the site of the residential project, subdivision or property to be annexed, the city shall require a proportionate amount needed to provide one acre of park land for every two hundred persons.

(Ord. 87-2 Art. 28 (5), 1987)

In subdivisions, annexations and residential projects containing less than fifty-one parcels or dwelling units, the planning commission or city council, if there is an appeal, can require only the payment of fees and refuse to accept the dedication of land.

(Ord. 87-2 Art. 28 (6), 1987)

The land, fees or combination thereof received pursuant to this chapter are to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision, residential project or annexed territory.

(Ord. 87-2 Art. 28 (7), 1987)