Napa County Municipal Code Art. I General Provisions and Definitions

The purpose of this chapter is to provide a method for financing interim school facilities necessitated by new residential developments causing conditions of overcrowding.

(Ord. 563 § 1 (part), 1978: prior code § 11900)

This chapter is enacted pursuant to Chapter 4.7 (Section 65970 et seq.) of Division 1 of Title 7 of the Government Code, and constitutes the ordinance referred to in Sections 65972 and 65974 thereof. In the case of any conflict between the provisions of this chapter and those of Chapter 4.7, the latter as it may from time to time be amended shall prevail.

(Ord. 563 § 1 (part), 1978: prior code § 11901)

Unless the context requires otherwise, the definitions in this section shall govern the construction of the provisions of this chapter.

"Bedroom" means any room in a dwelling unit other than a kitchen, living room, dining room or bathroom.

"Chapter 4.7" means Chapter 4.7 (commencing with Section 65970) of Division 1 of Title 7 of the Government Code, as added by Chapter 955 of the Statutes of 1977, and any subsequent amendments thereto.

"Conditions of overcrowding" means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school, as determined by the governing body of the district.

"Discretionary permit for residential use" means and includes, without limitation, a development plan, a conditional use permit, a variance, and any other discretionary permit the granting of which will enable the permittee to construct a residential development.

"Dwelling unit," "residential dwelling" or "residential dwelling unit" means a room or connected rooms constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis, physically separated from other rooms or dwelling units in the same structure, and containing independent cooking and sleeping facilities.

"Reasonable methods for mitigating conditions of overcrowding" means and includes, but is not limited to, agreements between a subdivider and the affected school district, whereby temporary-use buildings will be leased to the school district, or temporary-use buildings owned by the school district will be used.

"Residential development" means a project containing residential dwellings, including mobile homes, of one or more units, or a subdivision of land for the purpose of constructing one or more residential dwelling units.

(Ord. 563 § 1 (part), 1978: prior code §§ 11910—11917)

The county's general plan provides for the location of public schools. Interim school facilities to be constructed on land required to be dedicated under this chapter or paid for with fees required to be paid hereunder, or both, shall be consistent with the general plan.

(Ord. 563 § 1 (part), 1978: prior code § 11902)

The board of supervisors may from time to time, by resolution, issue regulations to establish administrative procedures, interpretations and policy directions for this chapter.

(Ord. 563 § 1 (part), 1978: prior code § 11903)