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ORDINANCE NO. 0-11-88 <br />AN URGENCY ORDINANCE OF THE CITY COUNCIL <br />OF THE CITY OF COLTON, CALIFORNIA, ADDING <br />CHAPTER 16.58 TO TITLE 16 (DIVISION OF <br />LAND) OF THE COLTON MUNICIPAL CODE TO <br />REQUIRE THE DEDICATION OF LAND OR PAYMENT <br />OF IN LIEU FEES FOR PARK AND RECREATIONAL <br />PURPOSES PURSUANT TO CALIFORNIA <br />GOVERNMENT CODE SECTION 66477 AND <br />ESTABLISHING INTERIM AUTHORIZATION FOR <br />SUCH FEES PURSUANT TO GOVERNMENT CODE <br />SECTION 65962 <br />WHEREAS, the State Legislature has enacted the Quimby <br />Act (now Government Code Section 66477), the validity of <br />which was upheld in 1971 in Associated Home Builders v. City <br />of Walnut Creek, and which authorizes a city by ordinance to <br />require the dedication of land or payment of fees in lieu <br />thereof for park or recreational purposes as a condition of <br />the approval of a tentative map or a parcel map; and <br />WHEREAS, in 1977 the City Council adopted Chapter 3.32 <br />authorizing fees to be established to create a fund for <br />capital outlays to provide park and recreation facilities and <br />improvements in conformance with the Colton General Plan; and <br />WHEREAS, pursuant to the City's currently adopted fee <br />resolution, the current fee for park and recreational <br />facilities for subdivision maps is Two Hundred Dollars <br />($200.00) per dwelling unit and in addition a fee is charged <br />for commercial and industrial development; and <br />WHEREAS, the City has completed a survey of cities and <br />has found that the average park and recreation fee is $780.00 <br />per single family unit; and <br />WHEREAS, the City Council finds that the public <br />interest, convenience, health, safety, and welfare of the <br />residents of the Colton require additional park lands and <br />park and recreational facilities and require that new <br />development provide for the park and recreational facilities <br />which will be required by the residents of that development <br />either by the dedication of land or the payment of in lieu <br />fees, or both; and <br />WHEREAS, the Quimby Act permits the computation of the <br />fee based on the residential density and the need for park <br />-1- <br />