13.26.070 Credit for private recreation or open space.
Where private area for park and recreation purposes is provided in a development, and such area is for active recreational use and is to be privately owned and maintained by the future owner(s) of the development, such area may be credited against up to fifty percent of the requirement of land dedication or fee payment, if the city determines that it is in the public interest to do so and that all of the following standards either have been or will be met prior to the approval of the final map or issue of building permits:
A. That yards, court areas, setbacks, and other open spaces required to be maintained by the zoning ordinance and the building code and other regulations shall not be included in the computation of such private areas; and
B. Evidence is provided that the private ownership and maintenance of the area will be adequately provided for by recorded written agreement, covenants, or restrictions; and
C. That the use of the private area is restricted for park and recreational purposes by an open space easement or other acceptable instrument; and
D. That the proposed private area is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and
E. That the facilities proposed: (1) are consistent with the plans of the Wasco Urban Greening, Parks, and Open Space Master Plan, (2) are appropriate to the recreation needs of the future residents of the development, and (3) will substitute for the park lands otherwise required to be dedicated in meeting the recreation needs of the residents.
Planned developments, real estate developments, stock cooperatives, and community apartment projects, as defined in Sections 11003, 11003.2, 11003.4, and 11004, respectively, of the California Business and Professions Code, and condominium projects as defined in Section 783 of the California Civil Code shall be eligible to receive a credit as determined by the city against the amount of land and development required to be dedicated, or the amount of the fee imposed, pursuant to this section, for the value of private open space within the development which is for active recreational uses using the same fair market calculation as in Section 13.26.050. (Ord. 646 §1, 2014).