This chapter is enacted pursuant to the authority granted by Section 66477 of the California Government Code.

The park and recreational facilities for which dedication of land and/or the payment of a fee is required by this chapter are in accordance with the recreational element of the general plan of the city.

The developer will be required to dedicate a site or sites for a neighborhood park, sufficient in size and topography to serve the immediate and future needs of the residents of the developed area, based on an adopted ratio of 2.8 acres of park per one thousand persons. Such dedication shall be shown on the tentative and final maps or parcel map submitted by the developer and the necessary lands will be offered for dedication to the city at the time of filing the final map(s).

Where the proposed residential development is in close proximity to an already existing neighborhood park, as determined by the city council, through the general plan, and if the already existing park is outside of the proposed limits of the development, the developer will be required to make a cash payment, in lieu of dedication, equivalent to the cost of the park land as determined by the city council based on the adopted ratio of park land per dwelling unit. These moneys will be used only in the acquisition and development of that community park serving that proposed development. Cash payment shall be made to the city at the time of filing the tentative tract map, the final tract map or prior to issuance of a building permit, whichever event first occurs, and shall be deposited with the city treasurer in a park development fund to be used solely for acquisition and development of park facilities.

If the proposed residential development contained fifty parcels/units or less, the developer will be required to make a cash payment in lieu of dedication equivalent to the cost of park land as determined by the city council, based on the adopted ratio of park land per one thousand residents. Such cash payments will be used to purchase or develop park land serving the needs of the residents of the proposed development. As an alternative to the cash payment required in this subsection, in the event the developer has land sufficient to satisfy the area ratio criteria set forth and application is made to the city council for development of such land for public park use, and consent and approval of the city council is obtained, the developer may dedicate and develop such land for public park use as approved by the city council.

Where an existing park and recreation area is insufficient in size to serve the immediate and future needs of the residents of the proposed development as determined by the city council, development plan for parks and recreation, subsections A through C of this section will apply.