Wasco Municipal Code Ch. 13.26 Park Land Dedication and Impact Fees

Sections: 13.26.000 Findings and authority. 13.26.010 Definitions. 13.26.020 General. 13.26.030 Requirements. 13.26.040 Standards and formula for dedication of land for neighborhood and community park purposes. 13.26.050 Fees in lieu of land dedication. 13.26.060 Criteria for requiring both dedication and fee. 13.26.070 Credit for private recreation or open space. 13.26.080 Credit for public facilities and/or open space. 13.26.090 Procedure. 13.26.100 Conveyance of land to the district and payment of in lieu fee to the city. 13.26.101 Commencement of development. 13.26.102 Exemptions.

The city council of the city of Wasco (“the council”) hereby finds and determines that new residential growth and development in the city of Wasco will create additional demand and need for neighborhood and community parks and recreational facilities in the city of Wasco, and the council finds that new growth and development should pay a proportionate share of the cost of new parks and improvements to existing parks needed to serve the new growth and development. The city of Wasco has conducted extensive research documenting the procedures for measuring the impact of new developments on parks and recreational facilities, has prepared and adopted the Wasco Urban Greening, Parks, and Open Space Master Plan, and hereby incorporates that master plan into this division by reference. Therefore, pursuant to Government Code Section 66410 et seq., AB 1600 and the City of Wasco Urban Greening, Parks, and Open Space Master Plan, the council adopts this division to assess neighborhood park dedication and/or in lieu fees and community park impact fees for the purpose of providing neighborhood and community parks and recreational facilities. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. (Ord. 646 §1, 2014).

The definitions contained in this section apply to this chapter.

“Building permit” means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure.

“Capital improvement program” means the capital improvements listed in the Wasco Urban Greening, Parks, and Open Space Master Plan, Part III, Chapter Two, Tables 2.1, 2.2, and 2.3, adopted by the city of Wasco city council July 15, 2014.

“City” means the city of Wasco.

“Community park” means a park site designed to meet the active recreational needs of several neighborhoods. These parks are intended to serve drive-to clientele within a radius of up to three miles. The size of the park is typically five to twenty-plus acres. They contain facilities which require more space than neighborhood parks and which may include playfields, basketball courts, tennis courts, swimming pools, community centers and off-street parking.

“Council” means the city council of the city of Wasco.

“Development approval” means any written authorization from the city of Wasco that authorizes the commencement of a development project.

“Development project” means any construction, expansion, or change in the use of residential zoned property that creates additional demand and need for parks and recreational facilities.

“District” means the Wasco recreation and parks district, a local public agency separate and distinct from the city of Wasco.

“Dwelling unit” means a single-family unit providing complete and independent living facilities for one or more persons, including permanent facilities for living, sleeping, eating, cooking, and sanitation needs. A “multifamily unit” means two or more dwelling units on a single parcel including duplex, triplex, fourplex, or other multifamily configuration. Units may be attached or detached and may include condominiums.

“Interest” means the average interest rate earned in the last fiscal year by the city of Wasco.

“Neighborhood park” means any general use local park developed to serve the needs of a particular neighborhood within a community. The size of the park depends on the population within its service area and the extent of desired amenities, but usually ranges from two and one-half to five acres. Typical neighborhood parks may be within walking or bicycling distance of park users with a service radius of approximately one-half mile. These parks may feature such amenities as children’s play areas, ball fields, and open turf areas.

“Park” means land or open space designated by the city as neighborhood parks, community parks, natural resource areas, urban pathways and bikeways or comparable designations of land.

“Residential” or “residential development” means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, condominium project, stock cooperative, or community apartment project and other multifamily residential development.

All other words and phrases shall have the meanings set forth in the Subdivision Map Act (Government Code Section 66410 et seq.) and the city of Wasco Urban Greening, Parks, and Open Space Master Plan. (Ord. 646 §1, 2014).

This section is enacted pursuant to the authority granted by Section 66477 of the Government Code of the state of California and AB 1600. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the city of Wasco General Plan and the Urban Greening, Parks, and Open Space Master Plan (Part III, Chapter 2, Adopted July 15, 2014). (Ord. 646 §1, 2014).

As a condition of approval of a tentative subdivision map, residential parcel map, multifamily development, condominium development, or single-parcel residential development within the jurisdiction of the City of Wasco, the developer shall dedicate land, pay a fee in lieu thereof, or both, as set forth in this chapter, for park or recreational purposes at the time and according to the standards and formulas contained in this chapter. (Ord. 646 §1, 2014).

and community park purposes.

A. If the dedication of land is required, the amount of land to be provided for neighborhood park purposes shall be determined pursuant to the following standards and formula:

AVERAGE PERSONS X NUMBER OF X 3 ACRES PER 1,000 = # ACRES
PER DWELLING DWELLING PERSONS
UNIT UNITS

B. If the dedication of land is required, the amount of land to be provided for community park purposes shall be determined pursuant to the following standards and formula:

AVERAGE PERSONS X NUMBER OF X 2.5 ACRES PER = # ACRES
PER DWELLING DWELLING 1,000 PERSONS
UNIT UNITS

Unless there is evidence to the contrary, federal census tract averages for the district will be used for determining the average number of persons per dwelling unit. Separate standards for single-family, multiple-family, senior fifty-five-plus restricted, and Section 8 affordable housing developments may be used.

C. Prior to recordation of a tentative subdivision map, or residential parcel map, at the discretion of the city of Wasco, dedication and/or payment of in lieu fees shall be made based on the actual density proposed. Prior to obtaining a building permit for multifamily development, condominium development, or single-parcel residential development, payment of fees shall be based on the actual density proposed. (Ord. 646 §1, 2014).

A. When a fee is to be paid in lieu of land dedication for neighborhood parks, the amount of such fee shall be calculated using the following formula:

AVERAGE PERSONS X NUMBER OF X 0.003 X FAIR MARKET VALUE = FEE
PER DWELLING DWELLING PER ACRE
UNIT* UNITS

• Determined from latest census data

B. When a fee is to be paid in lieu of land dedication for community parks, the amount of such fee shall be calculated using the following formula:

AVERAGE PERSONS X NUMBER OF X 0.0025 X FAIR MARKET VALUE = FEE
PER DWELLING DWELLING PER ACRE
UNIT* UNITS

• Determined from latest census data

Determination of Fair Market Value: A determination of fair market value shall be based on comparable sales data within the city as shown in Part III, Chapter Two of the Wasco Urban Greening, Parks, and Open Space Master Plan. Fair market value shall be based on a minimum of three and maximum of six vacant land parcels that “can be reasonably used for parkland purposes” (Gov. Code 66477(a)(5)). In the event that the developer and the city cannot agree to the fair market value of vacant land parcels that “can be reasonably used for parkland purposes,” the fair market value shall be determined by the city and the developer obtaining a certified real estate appraisal of the specific land parcel to be developed at the expense of the developer.

C. Later modifications would be subject to fee adjustments as outlined in the applicable portions of this chapter.

D. Only the payment of fees may be required in development projects containing fifty parcels or less, and only payment of fees will be required for a condominium project, stock cooperative, or community apartment project.

Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in development projects of fifty or fewer lots, or condominium projects, stock cooperatives, or community apartment projects containing fifty or fewer dwelling units, where the developer proposed land dedication voluntarily, and the land otherwise meets the requirements of the Wasco Urban Greening, Parks, and Open Space Master Plan adopted July 15, 2014. (Ord. 646 §1, 2014).

In a residential tract of over fifty lots, the developer shall, as determined by the city, both dedicate land and pay a fee in lieu of dedication in accordance with the following:

A. When park sites have been identified within the six service areas shown in Figure 5.2, Service Area Analysis Areas 1 through 6, in the Wasco Urban Greening, Parks, and Open Space Master Plan, and only a portion of the land to be developed includes one of the identified sites for a local park, such portion shall be dedicated for local park purposes and a fee, computed pursuant to the provisions of Section 13.26.050, shall be paid for the value of any additional land that would have been required to be dedicated pursuant to Section 13.26.040.

B. When a major part of the local park or recreational site has already been acquired by the district and only a small portion of land is needed from the development project to complete the site, the remaining portion shall be dedicated and a fee, computed according to Section 13.26.050, shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated. (Ord. 646 §1, 2014).

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).

If the developer provides park or recreational improvements to the park site required by Section 13.26.040, the value of such improvements together with any equipment thereon as determined by the city shall be a credit against the payment of fees or dedication of land required by this chapter. Developer shall provide city with certified receipts of the cost of improvements and recreation equipment placed permanently on site for park and recreation purposes. (Ord. 646 §1, 2014).

A. At the time of filing of the tentative tract map, tentative parcel map, or submission of request for building permits, a developer shall, as part of such filing, consult with the city, and the city will determine whether the project shall dedicate land for park and recreational purposes or pay a fee in lieu thereof, or a combination of both. If, after consultation, the city determines that the project shall dedicate land for park and recreational purposes, the developer shall designate the area thereof on the tentative tract map, tentative parcel map, or site plans which are submitted and coordinate with the city as to the appropriate location and size of the area proposed to be dedicated. The city shall determine prior to the time the city approves a developer’s tentative tract map, tentative parcel map, or building permit whether land is to be dedicated or in lieu fees be paid by the developer or any combination of land and fees.

The recommendation and action of the city and the district shall include the following:

1. That land is required; or

2. That a fee be charged in lieu of land; or

3. That land and a fee be required; and/or

4. That a stated amount of credit be given.

B. Land dedication, or payment of fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. The city of Wasco general plan or Urban Greening, Parks, and Open Space Master Plan;

2. Topography, geology, access, and location of land in the development project available for dedication;

3. Size and shape of the land available for dedication;

4. Feasibility of dedication;

5. Availability of previously acquired park property;

6. Population density of the project; and

7. Suitability of the site for neighborhood or community park and recreation needs.

The determination by the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination, shall be final.

C. When the payment of fees is required, the fees shall be calculated by the city and paid as follows:

1. Single-family zoned land division: Payment shall be made to the city prior to or concurrent with the
recordation of the final tract or parcel map.

2. Multiple-family, condominium project, stock cooperative, or community apartment project: Payment of
fees shall be made prior to the issuance of any building permits on any of the lots/parcels/units within the
development project, and such fees may be made a condition of approval when applicable.

D. When the dedication of land is required in lieu of the payment of fees, said land shall be deeded to the district in the following manner:

1. Single-family zoned land division: Dedication shall be made prior to or concurrent with the recordation of
the final tract or parcel map. (Ord. 646 §1, 2014).

the city.

A. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act and/or the provisions of this code. Real property dedicated under the provisions of this chapter shall be conveyed by grant deed in fee simple to the district by the developer free and clear of all encumbrances except those which will not interfere with use of the property for park and recreation purposes and which the district agrees to accept.

B. The money collected hereunder shall be paid to the city and used by the city or district only for the purpose of providing park or recreational facilities reasonably related to serving the development project for neighborhood and community park purposes as presented in the capital improvement program contained in the Wasco Urban Greening, Parks, and Open Space Master Plan, Part III, Chapter Two, Tables 2.1, 2.2, and 2.3. The money shall be committed within five years after payment to a capital improvement project contained in the Wasco Urban Greening, Parks, and Open Space Master Plan, Part III, Chapter Two, Tables 2.1, 2.2, and 2.3, or to the acquisition of park land to serve the future residents of the development project per the park standards contained in the Wasco Urban Greening, Parks, and Open Space Master Plan, Part III, Chapter One, Section 1.2. If the money is not committed, it shall be distributed and paid to the then record owners of the development project in the same proportion the size of their lot/parcel/unit bears to the total of all lots/parcels/units in the development project. Such a distribution shall include all interest accrued to the collected fees from the date of collection. (Ord. 646 §1, 2014).

At the time of recordation of the final tract map or parcel map for single-family zoned land division or upon obtaining a building permit for multiple-family, condominium project, stock cooperative, or community apartment project, the city and district shall have adopted a schedule specifying how, when, and where it will use the fees to develop or rehabilitate park or recreational facilities that will reasonably serve the residents of the development project pursuant to the capital improvement program contained in the Wasco Urban Greening, Parks, and Open Space Master Plan, Part III, Chapter Two, Tables 2.1, 2.2, and 2.3. Land donations shall be accepted by the district prior to the recordation of subdivision or parcel maps or issue of building permits and would thus designate the use of the required dedication. (Ord. 646 §1, 2014).

The provisions of this chapter do not apply to commercial or industrial subdivisions, condominium projects, or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. (Ord. 646 §1, 2014).

The Wasco Municipal Code is current through Ordinance 731, passed August 5, 2025.

Disclaimer: The city clerk’s office has the official version of the Wasco Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Website: www.cityofwasco.org

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