As a condition of approval of a tentative map or tentative parcel map, the subdivider shall be required to dedicate or make an irrevocable offer of dedication of the following:
A. 
All land within the subdivision that is needed for streets, alleys, including access rights and abutter's rights, drainage, water, sewer, public greenways, open space, scenic easements, public utility easements and other public easements.
B. 
All land within the subdivision that is needed for local transit facilities such as bus turnouts, benches, shelters, and similar items which directly benefit the residents of a subdivision, except that only the payment of fees in lieu of dedication of land may be required for subdivision of air space in existing buildings.
C. 
When implementation of the General Plan would require the development of a bikeway, equestrian, hiking or other recreational or transportational trails and paths in the subdivision, the subdivider shall dedicate such land as is necessary and feasible to provide for such trails and paths.
(O4060; O2001 27)
The city may require as a condition of approval of any subdivision, the waiver of direct access rights to proposed or existing streets from any property within the subdivisions and abutting thereon.
(O4060)
All dedications of property to the city for public purposes shall be made in fee title, except that, in the city's discretion, a grant of an easement may be taken. All easements must be of sufficient width so as to allow proper maintenance and protection of the facility. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the city, in its discretion, determines would not conflict with the intended ownership and use. The city may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title. All dedications shall be made at the time of filing the final or parcel map.
(O4060)
A. 
This section is enacted pursuant to the authority granted by the Subdivision Map Act of the state. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the open space element of the General Plan of the city, adopted on April 1, 1986, and any amendments thereto.
B. 
As a condition of approval of a tentative or tentative parcel map, the subdivider shall be required to dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula set forth herein; however, the provisions of this section do not apply to commercial or industrial subdivisions; nor do they apply to condominium projects or stock cooperatives which consist of the subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added.
C. 
It is found and determined that the public interest, convenience, health, welfare and safety require that two and one-half acres of property of each 1,000 persons residing within the city be devoted to local park and recreational purposes.
D. 
Where it is determined pursuant to subsection G that a park or recreational facility is to be located so as to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. Dedication of the land shall be made in accordance with the procedures contained in subsection I hereof. The amount of land to be provided per dwelling unit shall be determined pursuant to the following standards and formula:
Acreage dedication per dwelling unit = Average number of persons per dwelling unit x [2.5 acres/1,000 population]
The following table, as it may be updated by resolution of the Council to reflect census data issued by the date or federal government, based on the above formula is to be followed:
Types of Dwellings
Average Number of Persons per DU
Acreage Dedication per DU
Single-family Detached
2.87
.007175
Single-family Attached
2.06
.00515
Duplex
2.13
.005325
Multifamily
1.83
.004575
Mobile Homes
1.51
.003775
Accessory Dwelling Unit
1.00
.0025
For the purposes of this section, the number of new dwelling units shall be based upon the number of parcels indicated on the map when in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one dwelling unit per parcel, the number of proposed dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.
The subdivider shall, without credit, provide full street improvements and utility connections required by the city including, but not limited to, curbs, gutters, street paving, traffic control devices, street trees, and sidewalks to land which is dedicated pursuant to this section; provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; provide improved drainage through the site; and provide other minimal improvements which the City Council determined to be essential to the acceptance of the land for recreational purposes.
The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the City Manager or his or her designee.
E. 
Where it is determined pursuant to subsection G that a park or recreational facility is not to be located so as to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in subsection D, plus 20% towards the costs of all off-site improvements, as defined as these improvements which would have been required if the land has been dedicated according to subsection D. The amount value of the fee land for dedication shall be based upon the average estimated fair market value of the land prescribed for dedication which value shall be determined annually by the city. For purposes of this section the determination of average estimated fair market value of raw land shall consider, but not necessarily be limited to the following: the General Plan, any applicable specific plan, zoning, property location and site characteristics of the property, a buildable acre in the city; i.e., land with a slope of less than 10% and located in other than an area on which residential building is excluded because of flooding, easements or other restrictions. Such value shall be determined annually by the city. The subdivider shall pay the in-lieu fee for each dwelling unit in accordance with the following formula:
[Acreage dedication for type of dwelling unit as set forth in subsection D] x [fair market value of buildable area] = [subtotal in-lieu fee] + [20% of subtotal toward off-site improvements] = in-lieu fee
The money collected hereunder shall be used only for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the acquisition of necessary land or, if the City Manager or designee, deems that there is sufficient land available for the subdivision, for developing new or rehabilitating existing park and recreational facilities. The money shall be committed within five years after: (1) payment or, (2) issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the money is not committed, it shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots in the subdivision.
F. 
In subdivisions of over 50 parcels or units, the city may require the subdivider both to dedicate land and to pay a fee in lieu of dedication in accordance with the following:
1. 
When only a portion of the land to be subdivided is proposed as the site for a neighborhood park, community park or recreational facility, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of subsection E hereof shall be paid for any additional land that would have been required to be dedicated pursuant to subsection D;
2. 
When a major part of the neighborhood park, community park or recreational site has already been acquired by the city and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to subsection E shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to subsection G. The fees shall be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision.
G. 
Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following factors:
1. 
Open space element of the city's General Plan;
2. 
Topography, geology, access and location of land in the subdivision available for dedication;
3. 
Size and shape of the subdivision and land available for dedication;
4. 
Feasibility of dedication;
5. 
Compatibility of dedication with any master park and recreation plan which may be adopted subsequent to the adoption of this chapter;
6. 
Availability of previously acquired park property.
Only the payment of fees will be required in subdivisions containing parcels and/or units of 50 or less; however, nothing herein shall prohibit the dedication and acceptance of land for park and recreational purposes where the subdivider proposes such dedication voluntarily and the land is acceptable to the city.
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 and conclusive.
H. 
No credit shall be given for private open space in the subdivision except as hereinafter provided:
1. 
Common interest developments as defined in Civil Code Section 1351 and multifamily dwellings ("eligible projects") shall be eligible to receive a credit as provided in this subsection H against the amount of land 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 usable for active recreational uses.
2. 
Partial credit may be given against the requirement of land dedication or the payment of in-lieu fees for the following types of affordable eligible projects if the developer/owner has signed an agreement and such other documents as necessary to ensure that the requirement to provide the affordable housing units is enforceable and will run with the land.
a. 
Dwelling units offered for sale may be granted a 25% reduction if the monthly housing costs for each unit are not greater than 30% of 100% of the median family income for Napa County as determined by the Napa Housing Authority.
b. 
Rental units may be granted a 50% reduction if the monthly housing costs for each unit are not greater than 30% of 80% of the median family income for Napa County as determined by the Napa Housing Authority.
c. 
Rental units may be granted a 75% reduction if the monthly housing costs for each unit are not greater than 30% of 50% of median family income for Napa County as determined by the Napa Housing Authority.
Monthly housing costs shall include the payment of principal and interest on the mortgage loan, utility cost, taxes and insurance.
Partial credit, not to exceed 50% can be granted to other eligible projects so long as a minimum of one-third of an acre or 15% of the net project acreage is dedicated and developed as open space.
3. 
Credit will be given only for substantial private parkland and/or recreational areas. Credit will be given only if the City Manager or designee, finds that it is in the public interest to do so and that all the following standards are met:
a. 
That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;
b. 
That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions;
c. 
That the use of the private open space is restricted for park and/or recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city or its successor;
d. 
That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access and location;
e. 
That facilities proposed for the open space are in substantial accordance with the provisions of the open space element of the General Plan.
I. 
At the time of the approval of the tentative or tentative parcel map, the City Manager or designee shall determine whether land is to be dedicated or in-lieu fees are to be paid by the subdivider or any combination of land and fees. The recommendation shall include the following:
1. 
The amount of land 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 for private recreation facilities or unique natural and special features, etc; or
5. 
The location of the park land to be dedicated and nature of the off-site improvements to be made or the use of in-lieu fees; or
6. 
The approximate time when development of the park or recreation facility shall commence.
This determination shall be reviewed by the Planning Commission for its concurrence. If concurrence is not obtained, this matter will be forwarded to the Council for final determination. In making a determination, the Planning Commission and Council shall be guided by the standards set forth in this section.
The value of park and recreation improvements provided by the subdivider to the dedicated land shall be credited against the fees or dedication of land required by this section. The City reserves the right to approve such improvements prior to agreeing to accept the dedication of land and to require in-lieu fee payments should the land and improvements be unacceptable.
J. 
At the time of the filing of the final or parcel map, the subdivider shall dedicate the land and/or pay the fees as determined by the city. However, if the in-lieu fees are not used to reimburse the city for expenditures already made, or if the city cannot make the determinations required by Government Code Section 53077.5 relative to such in-lieu fees, then the subdivider may pay the in-lieu fees at the date of final inspection or the date a certificate of occupancy is issued, whichever occurs first. In-lieu fees will be established using land values at the time of payment. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final or parcel map and shall be recorded contemporaneously with such map. At the time of approval of the final or parcel map, the city shall specify when development of the park or recreational facilities shall be commenced.
(O4060; O4104; O4176; O2004 11)
A. 
As a condition of approval of a final map, a subdivider who develops or completes the development of one or more subdivisions within a school district shall dedicate to the school district such lands as the Planning Commission or Council shall deem to be necessary for the purpose of construction thereon schools necessary to assure the residents of the subdivision adequate elementary school service.
B. 
The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within 30 days after the requirement of the dedication is imposed by the city, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision.
C. 
The school district shall, if it accepts the dedication, repay to the subdivider or his or her successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
1. 
The cost of any improvements to the dedicated land since acquisition by the subdivider;
2. 
The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;
3. 
Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
D. 
The provisions of this section shall not be applicable to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative maps.
As a condition precedent to the approval of a tentative map, a subdivider may be required to dedicate easements for the purpose of assuring that each parcel or unit in the subdivision will have the right to receive sunlight across adjacent parcels or units in the subdivision for any solar energy system, subject to the provisions of Government Code Section 66475.3.
(O4060)
A subdivider shall be required to dedicate easements to provide public access to or along the shore lines of public natural resources, including a public waterway, river or stream, lake or reservoir, and coastline or shoreline in accordance with the criteria set forth in Government Code Sections 66478.4 through 66478.14.
(O4060)
A. 
As a condition of approval of a tentative map or tentative parcel map, the Planning Commission or Council may require the subdivider to reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.
B. 
Where a park, recreational facilities, fire station, library, or other public use is shown on any applicable specific plan or the General Plan containing a community facilities element, recreation and parks element and/or a public building element, the subdivider may be required by the city to reserve sites as so determined by the city in accordance with the principles and standards contained in the plans or implementing laws. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the plans and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.
C. 
The public agency for whose benefit an area has been reserved shall, at the time of approval of the final or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements unless such period of time is extended by mutual agreement.
D. 
The purchase price shall be the market value thereof at the time of the filing of the tentative map or tentative parcel map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.
E. 
If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.
(O4060)
A. 
The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purposes of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66484 of the State Subdivision Map Act.
B. 
Whenever the following words are used in this section, they shall have the following meaning:
"Construction" means design, acquisition of right-of-way, administration of construction contracts and actual construction;
"Major thoroughfare" means a roadway as shown on the circulation element of the General Plan whose primary purpose is to carry through traffic and provide a circulation network for the city.
C. 
Whenever this section refers to the circulation element of the General Plan or to the transportation or flood control provisions thereof, it means the circulation element of the General Plan and the transportation and flood control provisions thereof heretofore adopted by the City pursuant to Chapter 3 of Title 7 of the State Government Code, together with any additions or amendments thereto hereafter adopted.
D. 
Prior to filing a final map which includes land within an area of benefit established pursuant to this section, the subdivider shall pay or cause to be paid any fees established and apportioned to the property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares.
E. 
Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection D of this section.
F. 
Notwithstanding the provisions of subsections D and E of this section:
1. 
Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit;
2. 
Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit.
G. 
Prior to establishing an area of benefit, a public hearing shall be held by the Council, at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established. The notice of such hearing shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.
H. 
At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property to be benefited by the improvement may file a written protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefited by the improvements or against both of them. Such protest must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protest shall be delivered to the City Clerk and no other protest or objections shall be considered. Any protests may be withdrawn by the owner's making the same, in writing, at any time prior to the conclusion of the public hearing.
I. 
If there is written protest filed with the City Clerk by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the Council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provision of this section. If any majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the Council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section shall prohibit the Council within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition.
J. 
If the Council finds that a majority protest has not been made, they shall make the determinations required by subsection G of this section and decide whether or not to confirm the area of benefit. The Council shall announce its decision by resolution, which shall be recorded with the office of the County Recorder. There are hereby established fees for the purposes of defraying the actual or estimated cost of constructing the bridge or thoroughfare as described in such resolution as the Council may adopt pursuant to this section. The fees and the area of benefit to which such fees are apportioned shall be established as set forth in the resolution. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof.
K. 
Notwithstanding the provision of subsection J, payment of such fees shall not be required for:
1. 
The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the Community Development Director, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the Community Development Director, of all existing building on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by Section 501 of the Uniform Building Code.
2. 
The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.
L. 
Upon application by the subdivider or applicant for a final map or a building permit, the Council may accept consideration in lieu of fees required pursuant to this section, provided:
1. 
The Council finds upon recommendation of the City Manager that the substitute consideration has a value equal to or greater than the fee; and
2. 
The substitute consideration is in a form acceptable to the Council.
(O4060; O2006-10)