The Mayor and Common Council find as follows:
(A) The development of residential and other property in the affected territory will create a need for the construction of park and open space facilities to maintain the current level of service. The park and open space facilities for which payment of a fee and/or dedication of land is required by this section shall be in compliance with the policies, goals and standards contained in the Parks and Recreation Element of the General Plan.
(B) Pursuant to the Quimby Act (Gov. Code, Section 66472), the City may impose by ordinance a requirement for the payment of fees to pay for the actual or estimated costs of constructing planned park and open space facilities.
(C) Pursuant to Article 11, Section 7 of the California Constitution, the City is empowered to enact measures that protect the health, safety, and welfare of its citizens.
(D) Park and open space facilities are essential to San Bernardino to mitigate the negative effects of increasing urban development and to promote the health and welfare of the citizens.
(E) The provision of additional parks, recreation, and open space is identified in the Parkland and Open Space Acquisition and Park Improvement section of the Master Facility Plan and is necessary to provide adequate parks and open space facilities within the City.
(F) The development impact fee report and addendum thereto describe in detail the current City standards for parks and open space facilities, the cost for parks and open space facilities construction, and the cost thereof per new single-family, multi- family, and mobile home park or manufactured home park residential unit.
(G) The entire affected territory will derive benefit from the park and open space facilities and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.
(H) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the Mayor and Common Council hereby approve the development impact fee report and the addendum thereto, and based thereon finds that new development in the affected territory will create needs for park and open space facilities that the construction and acquisition of the public improvements funded by this chapter will meet
(I) The costs of the park, recreation, and open space facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by such proposed development.
(J) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. This reasonable relationship is described in more detail in the development impact fee report and the addendum thereto.
(K) The cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.
(L) The park and open space facilities fees collected pursuant to this chapter shall be used only to finance the park and open space facilities described or identified in the Parkland and Open Space Acquisition and Park Improvement section of the Master Facility Plan.
(M) The park and open space land acquisition and facilities development fee is hereby imposed on new residential development. The amount of such fee shall be set by resolution of the Mayor and Common Council, and shall apply to development of residential uses requiring the subdivision of land. Developments of residential uses not requiring the subdivision of land shall pay the AB 1600 park and open space land acquisition and facilities development fee in accordance with Section 3.26.075.
(1) The subdivider, as a condition of approval of a tentative map, shall pay a fee in lieu, dedicate land, or both, at the discretion of the Council for park and/or recreational purposes pursuant to the Subdivision Map Act, Government Code Section 66477.
(2) It is hereby found and determined that the public interest, convenience, health, safety, and welfare require that 5 acres of land for each 1000 persons residing within the City be devoted to park and recreational purposes. Lands held as public open space, for wildlife habitat, shall not be included in this formula.
(3) Where a public park or recreational facility has been designated in the General Plan and is to be located in whole or in part within the proposed subdivision and is reasonably related to serving the needs of the residents of that subdivision, the subdivider shall dedicate land for park and recreational facilities sufficient in size and physical characteristics to meet that purpose. The amount of land shall be determined pursuant to Section 3.27.070(M)(4).
If there is no park or recreational facility designated in the General Plan to be located in whole or in part within the proposed subdivision to serve the needs of the residents of that subdivision, the subdivider shall, pursuant to Council determination, pay a fee in lieu of or dedicate land in compliance with Section 3.27.070(M)(4).
(4) The Council shall consider the following when evaluating the payment of fee in lieu of or the acceptance of land for dedication, or a combination of both:
a. Parks and Recreation Element, and any other applicable provision of the General Plan;
b. Topography, geology, access and location of land in the subdivision suitable for dedication;
c. Size and shape of the subdivision and land suitable for dedication;
d. Feasibility of dedication; and
e. Availability of previously acquired private property.