Napa County Municipal Code Ch. 17.28 Dedications

A. A tentative map condition may require a subdivider to dedicate or irrevocably offer to dedicate real property within any subdivision that is needed for streets, alleys, pedestrian paths, including access rights and abutter's rights, drainage, public utility easements, and other public easements. Such irrevocable offers may be terminated as provided in Section 17.28.090. In addition, the subdivider shall improve or agree to improve all streets, alleys, bikeways, pedestrian paths, including access rights and abutter's rights, drainage, public utility easements, and other public easements.

B. All streets, highways and alleys, and other parcels of land intended for public use, including but not limited to access road easements required for flood control and utilities intended for public use, shall be offered for dedication to the public by owner's certificate as a part of a final land division map. No utility easement or other rights-of-way shall be granted within proposed street dedications subsequent to the date of filing of a preliminary tentative map. Necessary rights-of-way outside of the tract boundary must be processed by separate instruments.

C. Dedications of or offers to dedicate interests in real property of specified public purposes shall be made by a statement on the parcel or final map signed and acknowledged by those parties having any record title interest in the property being subdivided, subject, however, to Section 17.08.100 in the case of final maps or Section 17.08.140 in the case of parcel maps. All streets shown on a final or parcel map are presumed to be offered for dedication. Therefore, in the event any street shown on such map is not offered for dedication, the statement must so state. Only if such statement appears on the map and the map is approved by the advisory agency, or on appeal the board, will the use of any such street or streets by the public be considered permissive only.

D. An offer of dedication of real property for street or public utility easement purposes shall be deemed not to include any public utility facilities located on or under such real property unless and only to the extent that an intent to dedicate such facilities is expressly stated in the statement.

E. The advisory agency, or on appeal the board, may require that such dedication or offer of dedication be made by deed in lieu of, or in addition to, those appearing on the map. If made by deed in lieu of or in addition to those appearing on the map, such dedications or offers of dedication shall be recorded concurrently with or prior to the map being recorded.

(Ord. 887 § 25, 1988: Ord. 854 § 2 (part), 1987: prior code § 11648)

If authorized by Government Code Section 66475.1, a subdivider may be required to dedicate additional land for bicycle paths or local transit facilities.

(Ord. 854 § 2 (part), 1987: prior code § 11648.1)

If the director of planning recommends it, dedication of streets shall include a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon, and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.

(Ord. 854 § 2 (part), 1987: prior code § 11649)

(Ord. No. 1379, § 114, 1-29-2013)

A. The design of any subdivision for which a tentative and final map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

B. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, contour, configuration of the parcel to be divided, and other design and improvement requirements; providing, however, that such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

C. The requirements of this section do not apply to condominium projects which consist of the subdivision of air space in an existing building when no new structures are added.

D. Where neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to parcels in a new subdivision for which a final map is required, the approving officer or body may require the preparation and dedication of solar access easements or restrictive covenants.

E. The burdens and benefits of the solar easement shall be transferable and run with the land to subsequent grantees of the grantor(s) and of the grantee(s). All solar easements must include, at a minimum, all of the following:

1. A description of the dimensions of the easement, expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device or structural design feature may not be obstructed, or a combination of these descriptions;

2. The restrictions placed upon vegetation, structures and other objects which would impair or obstruct the passage of sunlight through the easement;

3. The terms or conditions, if any, under which the easement may be revised or terminated.

F. In establishing such easements, consideration shall be given to feasibility, contour, configuration of the parcel to be divided, and cost. Such easements shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or a structure under applicable planning and zoning in force at the time such tentative map is filed.

G. For the purposes of this section, the following definitions shall be applicable:

1. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors;

2. "Solar access" means the ability of sunlight to strike a solar energy system. For the purpose of this title, protection of solar access requires locating buildings and trees where their shadows will not obstruct more than ten percent of the sunlight available to the solar energy system between the hours of ten a.m. and two p.m., Pacific Standard Time, on December 21st.

(Ord. 854 § 2 (part), 1987: prior code § 11650)

A. In the case of any subdivision fronting upon any public waterway, river or stream, the offer of dedication of public access route or routes from public highways to the bank of the waterway, river or stream and the public easement along a portion of the bank of the waterway, river or stream must be accepted within three years after the approval of the final map or parcel map.

B. In the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the state, the offer of dedication of public access route or routes from public highways to any water of such lake or reservoir must be accepted within five years after the approval of the final map or parcel map.

C. All other offers of dedication may be accepted at any time.

(Ord. 854 § 2 (part), 1987: prior code § 11653)

A. At the time a final map is approved, the board shall accept, accept subject to improvement, or reject any offer of dedication.

B. At the time the parcel map is approved, the director of public works shall accept, accept subject to improvement, or reject any offer of dedication.

C. The director of public works, pursuant to Government Code Section 66477.1, is authorized to and may accept into the county road system, pursuant to Section 941 of the Streets and Highways Code, any road for which an offer of dedication has been accepted or accepted subject to improvements.

(Ord. 981 § 31, 1991; Ord. 854 § 2 (part), 1987: prior code § 11651)

Acceptance of offers of dedication on a final map or a parcel map shall not be effective until either the final or parcel map is recorded in the office of the county recorder, or a resolution of acceptance by the board is recorded in such office.

(Ord. 854 § 2 (part), 1987: prior code § 11651.1)

If, at the time the final map or parcel map is approved, any streets, paths, alleys, rights-of-way for local transit facilities, public utility easements or storm drainage easements are rejected, the offer of dedication shall remain open, and the board may by resolution, at any later date and without further action by the subdivider, rescind its action or the action of the advisory agency and accept and open such facilities for public use. Any such acceptance shall be recorded in the office of the recorder.

(Ord. 854 § 2 (part), 1987: prior code § 11652)

A. Except as otherwise provided in subsection (B), (C) or (D) of this section, dedications or offers of dedication pertaining to streets, highways and rights-of-way which are required by this chapter may be terminated and abandoned only in the manner prescribed for the abandonment or vacation of streets by Part 3 (commencing with Section 8300) of Division 9 of, or by Chapter 2 (commencing with Section 940) of Division 2 of the Streets and Highways Code, whichever is applicable.

B. Offers of dedication relating to waterfront access which are not accepted within the time limits specified in subsection (A) or (B) of Section 17.28.050 shall be deemed abandoned.

C. At any time after acceptance of a dedication in fee to the county required pursuant to this chapter other than for open space, parks or schools, the subdivider or the successor in interest of the subdivider may apply to the director of public works for a determination whether the same public purpose for which the dedication was required still exists. Such determination shall be made only after payment by the subdivider or successor in interest of the application fee prescribed by resolution of the board of supervisors. The determination may be made by reference to a capital improvement plan as specified in Government Code Section 65403 or 66002, an applicable general or specific plan requirement, the subdivision map, or other public documents that identify the need for the dedication. If the director of public works determines that the same public purpose for which the dedication was required does not exist, the county shall reconvey the property to the subdivider or successor in interest, except for all or any portion of the property that continues to be required for the same public purpose or for public utilities. Such reconveyance shall indicate that the property being reconveyed had been dedicated in connection with the approval of a final map or parcel map and shall indicate where and when the certificate evidencing the dedication is recorded.

D. If the county to whom a dedication in fee was made pursuant to this chapter for other than open space, parks or schools, decides in the absence of a request for a determination pursuant to subsection (C) of this section, to vacate, lease, sell or otherwise dispose of the dedicated property for other than the same public purpose for which it was dedicated, the director of public works shall give at least sixty days' notice to the subdivider whose name appears on the certificate recorded pursuant to Section 17.08.100(H) before vacating, leasing, selling or otherwise disposing of the dedicated property.

(Ord. 981 § 32, 1991: Ord. 854 § 2 (part), 1987: prior code § 11654)

Except as otherwise provided in Chapter 17.50, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the board of supervisors in the case of a final map, or by the county surveyor in the case of a parcel map.

(Ord. 854 § 2 (part), 1987: prior code § 11655)

(Ord. No. 1379, § 115, 1-29-2013)