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350 RESOLUTION NO. 88-54 PAGE TWO 4. The fee appIies t6:r~sidential development. The use of the fee for park and recreation facilities is reasonably related to residential development because such facilities primarily benefit the residents of the City, rather than the owners and occupants of nonresidential property. 5. The need for the public facilities is reasonably related to residential development because it is the owners and occupants of residential property that create the demand for park and recreation facilities. 6. As used hereinafter "project" means proposed con- struction activity which is subject to the payment of a fee pur- suant to SAMC sections 35-108 through 35-114 and as to which construction pursuant to a validly issued building permit has not commenced as of the effective date of this resolution. 7. The fees established by this resolution shall apply to all projects except as otherwise hereinafter provided. 8. Any project for which a building permit has been issued prior to the effective date of this resolution shall be subject to the park acquisition and development fees formerly specified in SAMC section 35-110 (as amended by Ordinance No. NS-1923) unless such building permit expires without commence- ment of construction. 9. The effective date of this resolution is the later of the following: (i) the date of adoption of this resolution, or (ii) the effective date of an ordinance of the City which amends SAMC section 35-110 to provide that the amount of the fee therein referenced shall be set by resolution of the City Council. ADOPTED this ATTEST: ~n]'ce C. Guy ~ / Clerk of the Counci~l-~ ~8th day of July , 1988. COUNCILMEMBERS: Young McGuigan Hart May Acosta Pulido Griset Absent A,ye Aye Aye Ae APPROVED AS TO FORM: r