§ 11.04

(a)

No discretionary permit which would allow development of any project which would contribute to the need for the facility for which a fee is required shall be approved for property located in a fee area where a benefit area and fee program have been established except where a previously approved subdivision map requires payment of fees or a subdivision map will be required prior to development, unless the permit is conditioned to require payment of such fees prior to the issuance of building permits.

(b)

No such discretionary permit shall be approved in a fee area where a fee program and benefit area have not been established unless such permit is conditioned so as to require the applicant to pay such fees as may be established. Such condition shall require that, prior to issuance of building permits, the applicant shall enter into an agreement to pay such fees upon establishment of a program and shall post security therefor.

(OCC § 7-9-711)

Sec. 11.04.070. - Payment required for issuance of building permits.

No building permit shall be issued in a fee area where a fee program and benefit area have been established unless such fees have been paid.

(OCC § 7-9-712)

CHAPTER 11.06. - LOCAL PARK CODE

Sec. 11.06.010. - Title.

This chapter shall be referred to as the "Local Park Code."

(OCC § 7-9-500)

Sec. 11.06.020. - Application.

This chapter shall apply to all property that is located within the City, whether or not it is within the boundaries of a local park maintenance agency.

(OCC § 7-9-501)

Sec. 11.06.030. - Purpose, authority, and objectives.

The Local Park Code is adopted pursuant to Government Code § 66477, the police power, the power to zone and the power to implement the recreation element of the General Plan. The general purposes and

objectives of the Local Park Code are:

(1)

To preserve, enhance and improve the quality of the physical environment of the City;

(2)

To provide a procedure for the acquisition and development of local park facilities;

(3)

To secure for the citizens of the City the social and physical advantages resulting from the provision of orderly park; recreation and open space facilities;

(4)

To establish conditions which will allow parks and recreation areas to be provided and to exist in harmony with surrounding and neighborhood land uses;

(5)

To ensure that adequate park and recreation facilities will be provided;

(6)

To ensure that park and recreation facilities are provided and maintained in a manner that will permit their maximum use and enjoyment by the residents of the surrounding areas; and

(7)

To provide regulations requiring 2½ acres of land or the proportionate share thereof for each 1,000 persons residing within the City be supplied by persons proposing to establish dwelling units.

(OCC § 7-9-502)

Sec. 11.06.040. - Interpretation and application of chapter.

(a)

In all matters pertaining to local parks, the Local Park Code shall take precedence over all other ordinances or resolutions adopted by the City Council, subject to the following provisions:

(1)

The provisions of the Local Park Code shall not be construed to repeal, amend, modify, impair, annul or otherwise interfere with any other existing chapter, ordinance, easement, deed restriction, covenant or other agreement between parties or any part thereof not specifically repealed, amended, modified, or annulled herein, except that where this code imposes greater limitations or requirements on the use of land, or greater parks and open spaces, or larger areas or dimensions, or larger fees than the limitations or

requirements imposed by any other chapter, ordinance, easement, deed restriction, covenant or agreement on the same premises or property, this chapter shall control.

(2)

Nothing in this chapter shall be construed to authorize the use of any premises or property in violation of this or any other applicable chapter, statute, ordinance or regulation.

(b)

Whenever reference is made to any portion of this chapter, the reference applies to all amendments and additions now or hereafter made.

(c)

If any section, subsection, paragraph, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this chapter. The City Council hereby declares that it would have passed this code and each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections, subsections, paragraphs, sentences, clauses or phrases thereof be declared invalid.

(d)

In the event any uncertainty exists as to the meaning or intent of any of the provisions or requirements of this chapter, it shall be the duty of the City Manager or designee to make a determination regarding such meaning or intent; such determination shall be that which best carries out the purposes and objectives of this chapter as set forth in Section11.06.030.

(OCC § 7-9-503)