Napa County Municipal Code Art. III Mitigation Standards and Procedures

Following the decision by the board of supervisors or the planning commission to require the dedication of land or the payment of fees, or both, the governing body of the school district shall submit to the board of supervisors a schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the board of supervisors and the reasons for the modifications.

(Ord. 563 § 1 (part), 1978: prior code § 11924)

(Ord. No. 1379, § 143, 1-29-2013)

In an attendance area where the board has concurred as provided in Section 17.58.080, the proponent of a residential development, as a condition of approval thereof, shall dedicate land, or shall pay fees in lieu thereof, or both, for classroom and related facilities for elementary or high schools, or both, as provided in this chapter.

(Ord. 563 § 1 (part), 1978: prior code § 11930)

Only the payment of fees is required for the approval of a subdivision map creating fifty or fewer parcels.

(Ord. 563 § 1 (part), 1978: prior code § 11931)

A residential development shall be exempt from the requirements of this chapter if it consists only of the following:

A. Modification or remodeling of an existing legally established dwelling unit or units that does not create any additional dwelling unit;

B. A project converting an existing apartment building into a condominium that does not create any additional dwelling unit;

C. Rebuilding of a legally established dwelling unit destroyed or damaged by fire, explosion or other accident that does not create any additional dwelling unit;

D. Rebuilding of an historical building recognized, acknowledged and designated as such by the board of supervisors.

(Ord. 563 § 1 (part), 1978: prior code § 11932)

Any agreement between a school district and the proponent of a residential development for the dedication of land or the payment of fees in lieu thereof, or both, for classroom and related facilities, reached prior to the effective date of the ordinance codified in this chapter, shall be recognized by the board of supervisors and the planning commission as full satisfaction of the requirements of this chapter.

(Ord. 563 § 1 (part), 1978: prior code § 11933)

(Ord. No. 1379, § 144, 1-29-2013)

The location and amount of land to be dedicated and the amount of fees to be paid in lieu thereof pursuant to this chapter shall bear a reasonable relationship to the needs of the community for interim elementary and high school facilities, including all mandated educational programs, and shall be limited to the need for schools and related facilities caused by the residential development.

(Ord. 563 § 1 (part), 1978: prior code § 11940)

The total land area required by this chapter to be dedicated shall be at least equal in monetary value to the fees which would otherwise be required to be paid by Section 17.58.170. The board of supervisors shall determine the monetary value of the land required to be dedicated for purposes of this chapter. If the monetary value of the land does not equal the aggregate of the fees required to be paid, the difference shall be paid in the form of fees pursuant to Section 17.58.170.

(Ord. 563 § 1 (part), 1978: prior code § 11941)

When fees are required to be paid by this chapter in lieu of land dedication, they shall be paid in accordance with the following schedule:

A. Four hundred dollars per bedroom in excess of one bedroom per dwelling unit, not exceeding one thousand two hundred dollars;

B. Three hundred dollars for each dwelling unit space or lot in a mobile home park;

C. When land is dedicated pursuant to Section 17.58.160, the monetary value of which equals or exceeds the aggregate of the fees which would otherwise be required to be paid hereunder, no fees shall be required to be paid. When the monetary value of such land does not equal the aggregate of such fees, the amount of such fees shall be reduced to reflect the value of the land in accordance with the following formula:

The value of the land shall be subtracted from the product of multiplying the amount of the fee per bedroom by the number of bedrooms on which fees are to be paid (or of multiplying the amount of the fee per mobilehome park space by the number of such spaces). The resulting amount shall be divided by the number of bedrooms on which fees are to be paid (or the number of mobilehome park spaces) to reach the adjusted fee.

(Ord. 563 § 1 (part), 1978: prior code § 11942)

At the time of filing an application for the approval of a proposed residential development to be located in an attendance area where the board has concurred as provided in Section 17.58.080, the proponent shall, as a part of such filing, indicate whether he prefers to dedicate land for interim school facilities or to pay a fee in lieu thereof, or both.

(Ord. 563 § 1 (part), 1978: prior code § 11950)

At the time of the approval of the proposed residential development, the board of supervisors or the planning commission shall determine whether to accept a dedication of land pursuant to Section 17.58.110. In making this determination, the agency shall consider the following factors:

A. Whether use of land proposed for dedication as a school site will be consistent with the county general plan;

B. The topography, soils, soil stability, drainage, access, location and general utility of the land proposed for dedication;

C. Whether the location and amount of land proposed for dedication will bear a reasonable relationship to the needs of the community for interim elementary or high school facilities, or both, including all mandated educational programs, and will be reasonably related to the need for schools caused by the residential development;

D. Recommendations by school districts affected by the proposed residential development;

E. In the case of a subdivision, whether it will contain fifty parcels or fewer.

(Ord. 563 § 1 (part), 1978: prior code § 11951)

(Ord. No. 1379, § 145, 1-29-2013)

When land is to be dedicated, it shall be offered for dedication in fee simple in substantially the same manner as interests in land are offered for dedication for streets and public easements in the county's subdivision regulations.

(Ord. 563 § 1 (part), 1978: prior code § 11952)

If the payment of fees is required, such payment shall be made at the time the building permit is approved.

(Ord. 563 § 1 (part), 1978: prior code § 11953)

Land and fees shall be held in trust by the county until transferred to the school district operating schools in the attendance areas from which the land or fees were collected.

(Ord. 563 § 1 (part), 1978: prior code § 11954)

If the decision approving an ordinance rezoning property to a residential use, granting a discretionary permit for residential use, or approving a tentative subdivision map for residential purposes is vacated or voided, and if the county still retains the land or fees, or both, collected pursuant to this chapter, the board of supervisors shall, upon request of the person who dedicated the land or paid the fee, return such land or fees, or both, to him. If the county has transferred such land or fees to a school district, the county shall not be liable to any person for the return of such land or fees.

(Ord. 563 § 1 (part), 1978: prior code § 11955)