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control ordinance, stated, "The concept of public welfare is sufficiently broad to uphold Petaluma's desire to preserve its small-town character, its open space and low density of population, and to grow at an orderly and deliberate pace." in particular, land use regulations constitute a proper exercise of the police power and have long been held to be prerogatives of the police power. Associated Nome Builders v. City of Livermore, 18 Cal. 3d 582 (1976); land use regulations may be enacted through the police power to enhance the quality of life by preserving the character and desirable aesthetic features of a city. Penn Central Transportation Co. v. City of New York, 438 U.S. 104 (1978). As the court stated in Pescosolido u. Smith, 142 Cal. App. 3d 964 (19 8 3) : ----'" "It must be concluded that government power to regulate land use is so important that no vested right to a particular use arises until that government has approved that specific use . . . . It must also be included that the right to convey saleable parcels to one's children is not fundamental." In summary, in attaching dedication or in -lieu fee conditions, the City is relying on the exercise of its police power `Article XI, Section 7 of the California Constitution). III. TEST OF REASONABLENESS; TARING ISSUE It .is the developer who is seeking to acquire the advantages of development; thus, he has tine duty to comply with reasonable conditions to ease the burden on the community. Ayres v �C—�i.�t� Council Los A,, e1�, 34, +Gad,. 3d 31, 42 (19 )�Ass� c abed N�om i `rs, Inc. vim. City of Walnut Cry, 4 Call'.�655, i 1 I The dedication of land or the payment of fees as a condition precedent to development is voluntary in nature. Even though the developer cannot legally develop without satisfying the condition precedent, he voluntarily decides whether to develop or not to develop. *Development is a privilege, not a right." Trent Meredith:, Inc. v. City of Oxnard, 114 Cal. App . 3d 31 "� ► �g",�,.. .,.�. There is no one exact rule that to applied by the courts to determine whether or not a dedication or a fee condition is reasonable and thus valid. This is done on an "ad hoc" basis looking at the facts of each case depending on the size of the development, the demand for services that will be created by the development and its overall effect on the city and the surrounding community. No one mathematical 4-