1988 ORD 0-17-88 - Laserfiche WebLink

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ORDINANCE NO. 0-17-88 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, EXTENDING THE INTERIM AUTHORIZATION ENACTED BY ORDINANCE NO. 0-11-88, TO REQUIRE THE DEDICATION OF LAND OR PAYMENT OF IN LIEU FEES FOR PARK AND RECREATIONAL PURPOSES WHEREAS, the State Legislature has enacted the Quimby Act (now Government Code Section 66477), the validity of which was upheld in 1971 in Associated Home Builders v. City of Walnut Creek, and which authorizes a city by ordinance to require the dedication of land or payment of fees in lieu thereof for park or recreational purposes as a condition of the approval of a tentative map or a parcel map; and WHEREAS, the City Council finds that the public interest, convenience, health, safety, and welfare of the residents of Colton require additional park lands and park and recreational facilities and require that new development provide for the park and recreational facilities which will be required by the residents of that development either by the dedication of land or the payment of in lieu fees, or both; and WHEREAS, on April 5, 1988, the City Council had second reading of and adopted Ordinance No. 0-10-88, which added Chapter 16.58 to the Colton Municipal Code which provides for the dedication of land and/or payment of fees for park and recreational purposes pursuant to the Quimby Act, but pursuant to Government Code Sections 66477 and 65962, the fees enacted by Ordinance No. 0-10-88 do not take effect for thirty (30) to sixty (60) days; and WHEREAS, Government Code Section 65962(c) permits a city council to adopt an urgency measure providing interim authorization for a fee or charge to protect the public health, welfare, and safety, which interim authorization is effective for thirty (30) days and may thereafter be extended for two (2) more periods not to exceed thirty (30) days each after a noticed public hearing; and WHEREAS, on April 5, 1988, the City Council enacted Ordinance No. 0-11-88, which was an urgency ordinance providing for the interim authorization of Quimby Act fees pursuant to Chapter 16.58 of the Colton Municipal Code, and -1-