Napa Municipal Code Ch. 15.68 Park Development Fees

This chapter is adopted pursuant to the police power of the city and the Charter of the city for the purpose of executing and implementing the open space element of the General Plan of the city adopted on April 1, 1986, by Resolution 86-75.

It is the purpose of this chapter to provide for the development and construction of park and recreational facilities by imposition of fees in connection with the construction of new dwelling units.

(O3018)

As used in this chapter:

"Developer"

includes every person, firm, or corporation constructing a new dwelling unit, directly or through the services of any employee, agent, independent contractor, or otherwise.

"New dwelling unit"

includes each structure of permanent character, places in a permanent location, which is planned, designed or used for residential occupancy, including, but not limited to, one-family, two-family and multifamily dwellings, apartment houses and complexes and mobile home spaces, but not including hotels, motels, and boardinghouses for transient guests.

(O3018)

A park development fee is imposed on the developer of each new dwelling unit for park development.

(O3018)

A fee shall be paid for park development by the developer of each new dwelling unit irrespective of whether the developer is required to dedicate land or pay fees in lieu of land dedication as set forth in Section 16.32.040 of this code. This fee shall be used to pay for those improvements including, but not limited to, landscaping and installation of recreational facilities which are not required by Section 16.32.040. The fee shall be determined by the following formula:

[Pop/DU] x [2.6 acres/ 1000 people] x [DU/acre] = $/unit

where:

Pop/DU = Population per dwelling unit (See Section 15.68.020)

DC/acre = Development cost per acre of park and recreational facilities. Development costs per acre shall be determined as set forth in Section 15.68.050.

Fee to be collected pursuant to this section shall be reviewed by the Parks and Recreation Director to ascertain if they comply with the formula set forth above. If compliance is found, then the fees shall be approved by the Parks and Recreation Director.

(O3018)

The development cost per acre of park land shall be determined annually by resolution adopted by the Council on or before July 10th.

(O3018)

The park development fee shall be paid prior to the issuance of a building permit.

(O3018)

A. This section shall apply to all persons who own real property within the city upon which is constructed, after February 19, 1974, any dwelling unit, unless the obligation to dedicate land and/or pay an in-lieu fee(s) has been satisfied for such unit pursuant to Section 16.32.040 of this code.

B. The city shall require persons to whom this section applies to dedicate land and/or pay fees into a special city fund, which fund shall be utilized to provide park and recreational facilities reasonably related to serving park and recreational needs generated by the development.

C. Fees and/or dedication standard based upon the projected number of residents within a development shall bear a reasonable relationship to the projected use of park and recreational facilities intended for that development. The method for projecting the number of residents within a development shall be to base said projection upon the number of bedrooms within each residence of said development or, if the number of bedrooms is not known, upon an average of three bedrooms per residence in said development.

D. The procedure for determining the amount and administration of said fees and/or dedication requirements shall be as set forth in Section 16.32.040 of this code.

E. No residential unit shall be issued a building permit after February 19, 1974, unless land has been dedicated and/or and in-lieu fee paid as set forth in this section, unless said residential unit is in a project from which the city has previously obtained park land dedication and/or in-lieu fees.

(O2243; O2254; O4199)

There is excepted from the tax imposed by this chapter the construction and occupancy of a residential unit which is a replacement for a unit being removed from the same lot or parcel of land, provided, however, that reconstruction is commenced within six months from date of issuance of demolition permit. The exemption shall equal but not exceed the tax which would be payable hereunder if the unit being replaced were being newly constructed.

(O2340)

A park dedication or in-lieu fee requirement is imposed on the developer of property to be used for the placement of mobile home(s). Unless otherwise specifically set forth herein, the dedication standard and/or amount of the fee for each mobile home as well as the administration procedure for the requirement shall be as set forth in Section 16.32.040.

(O4198)