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Development Fee shall be paid prior to issuance of the building permit for <br />each phase. The City shall use said fees for new parkland, capital <br />improvements at existing parks, and deferred maintenance at existing <br />parks (up to a maximum of fifty percent of amount of the fee). If not used <br />or appropriated this fee shall be returned to Developer, consistent with the <br />provisions of (and subject to the exceptions contained within) the <br />California Mitigation Fee Act, Government Code § 66000 et seq. Owner <br />may propose in future an alternative in-lieu of the provisions of this section <br />which fully satisfies this requirement, and if such proposal is consistent <br />with City's park plans and standards, the City shall consider such proposal <br />in good faith; provided, however, that if approved such proposal shall be <br />the subject of an amendment to this Fi_ra Amg(L_anA_FL"1a_Wd <br />Development Agreement entered into pursuant to Government Code <br />section 65868. <br />5 1-6.4-ReseFVed <br />5.11 5-.46-.&-Coven ants, <br />9 -AII initial sales of residential units by Owner shall include a <br />covenant that the buyer may not re-sell the unit for a period on one <br />(1) year. <br />(c) (3)-No home ossupansyoccu?ation shall be permitted in a unit, <br />except Erin accordance with sestionSection 41-192 et seq. of the <br />Santa Ana Municipal Code. <br />6VA)200,612\42 3 7 41-554th UV21- -18- <br />75A-74 <br />(1)-No more than four residents peFshall be er itted for each <br />unit, except that for three-bedroom units, there shall be no more <br />than five residents per unit.