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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO RESOLUTION NO. 2005-069 (1123/2318/2907) RESOLUTION AMENDING TITLE 6, CHAPTER 4 OF THE SAN LEANDRO ADMII~TISTRATIVE CODE RELATED TO FEES AND ADOPTING A PARK FACILITIES DEVELOPMENT IMPACT FEE FOR FUTURE DEVELOPMENT WITHIN THE CITY OF SAN LEANDRO RECITALS WHEREAS, the General Plan ("General Plan") of the City of San Leandro ("the City") was adopted March 20, 1989; and WHEREAS, the General Plan recognized the need for continued and expanded availability of park and recreational facilities (See General Plan Goals 21 and 22); and WHEREAS, the General Plan established a parkland standard of 4.86 acres per 1,000 residents; and WHEREAS, the General Plan expresses a policy that new residential development must pay its fair share of the costs of capital improvements needed to serve that development (See General Plan Goal 4); and WHEREAS, Government Code Section 66477, also lrnown as the "Quimby Act", establishes statutory guidelines and certain requirements that must be met concerning imposition by local legislative bodies, including cities, of requirements of dedication of land and/or payment of fees in lieu of dedication for park or recreational purposes as a condition of approval of certain subdivision tentative maps or parcel maps; and WHEREAS, the Quimby Act applies only to fees and/or dedications imposed on certain subdivisions to fund land acquisition costs for park or recreational purposes, and the Quimby Act does not apply to fees and/or dedications for park or recreational purposes imposed on other development, or to costs other than land acquisition, such as improvement costs; and WHEREAS, Chapter Section 805 et. seq. of Chapter 1 of Title VII of the San Leandro Municipal Code requires subdividers of land within the City to dedicate land and/or pay fees in lieu of dedication for neighborhood and community park or recreational purposes as a condition of approval of final or parcel maps; and WHEREAS, Chapter 13 of Title VII of the San Leandro Municipal Code establishes a park facilities development impact fee ("Park Impact Fee") applicable to development within the City and provides for Resolution No. 2000-64 enacted May 15, 2000 that sets forth the amount of the fee, describes the benefit and impact area on which the fee is imposed, describes the facilities to be