§ 18.48.120. Common use space.

In the PD district:

A.

Common use space shall include:

1.

Land area of the site not covered by buildings, parking structures or accessory structures except recreational structures and commonly owned facilities;

2.

Land which is accessible and available to all occupants of dwelling units for whose use the space is intended unless such land is in a category listed in subsection (B) of this section.

B.

Common use space shall not include:

1.

Proposed street rights-of-way;

2.

Open parking areas and driveways for dwellings;

3.

School sites;

4.

Commercial areas including buildings, accessory buildings, parking and loading facilities for such commercial areas;

5.

Unsuitable land as determined by specific criteria adopted by the commission.

C.

Not less than fifty percent of the net area of the site shall be common use space devoted to planting, patios, walkways, recreational areas and commonly owned facilities, but excluding areas covered by dwelling units, garages, carports, parking areas or driveways. Net area is defined as the site area less all land shown on the development plan as covered by buildings, streets, parking lots or stalls, driveways and any other paved area.

D.

A maximum of one-half of the common use space may be devoted to natural or improved flood control channels and those areas subject to flowage, floodway or drainage may be applied toward satisfying this portion of the total common use space requirement.

The commission may determine that all or part of any bodies of water and slopes in excess of fifteen percent grade may be included as common use space. In making this determination, the commission shall be guided by the following factors:

1.

The extent of these areas in relation to the area of the planned development; and

2.

The degree to which these areas contribute to the quality, livability and amenity of the planned development. Of this common use space, a maximum of one-half may be areas covered by water.

E.

Planned unit developments shall be approved subject to the adoption of a development agreement (as defined in Government Code Section 65864 et seq.) setting forth a plan for permanent maintenance of such common use space, recreational areas and commonly owned facilities. The term of the agreement shall be through the horizon year on the Napa County general plan land use map (Figure 14 of the general plan), or for twenty years if no horizon year is specified in the general plan. No such agreement shall be acceptable until approved by the county counsel's office as to legal form and by the commission as to the suitability for the proposed use of the common use spaces. If a common use space is deeded to a homeowner's association, such legal instrument may take the form of a declaration of covenants and restrictions.

(Ord. 793 § 1 (part), 1985: prior code 12290)