Town of Yountville
Ordinance Number 25-536
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF YOUNTVILLE AMENDING CHAPTER 3.40 OF TITLE 3 OF THE YOUNTVILLE MUNICIPAL CODE REGARDING DEVELOPMENT IMPACT FEES AND SECTION 3.36.020 OF CHAPTER
3.36 OF TITLE 3 REGARDING FILING OF CLAIMS
NOW, THEREFORE, the Town Council of the Town of Yountville does ordain as follows:
SECTION 1. CODE AMENDMENT. Chapter 3.40 of Title 3 of the Yountville Municipal Code is hereby repealed and readopted to read as follows:
§ 3.40.010. Findings.
In order to implement the goals and objectives of the General Plan of the Town and to mitigate the impacts caused by new development within the Town, certain public improvement projects must be or had to be constructed. The Town Council determines that development impact fees are needed to finance these public improvements and to pay for development’s fair share of the construction costs of these improvements. In establishing development impact fees, the Town Council shall ensure they comply with all applicable laws, including but not limited to the Mitigation Fee Act (Government Code, § 66000 et seq.).
§ 3.40.020. Establishment and review of fees.
A. The Town Council shall impose, amend, or repeal development impact fees by resolution. Such fees shall pay for public facilities reasonably related to the impacts of new development, conversions or expansions of property within the Town.
B. After establishing development impact fees, the Town Council shall review them periodically as required by law. At a minimum, this includes the annual reports, five-year findings, and updated nexus studies required by the Mitigation Fee Act (Government Code, § 66000 et seq.). § 3.40.030. Limited use of fees.
The revenues raised by development impact fees shall be placed in separate impact fee fund accounts. Such revenues, along with any interest earnings on each separate account, shall be used solely to do the following:
A. Pay for the Town’s future construction of public facilities to accommodate new development, conversions or expansions;
B. Reimburse the Town for public facilities the Town constructed to accommodate future development, conversions or expansions, and which were funded with revenues the Town advanced from other sources; or
Ordinance No. 25-536
C. Reimburse developers who have been required or permitted by Section 3.40.050 of this chapter to install public facilities with supplemental size, length or capacity. § 3.40.040. Imposition of fees.
A. Development impact fees shall be paid by the legal owner, or the authorized agent of the legal owner, of the property on which new development, conversion, or expansion is to occur. The Town shall collect these fees prior to the issuance of the building or development permit(s) for such development, conversion, or expansion, whichever occurs later, unless payment at a later time is mandated by state law.
B. Whether a project constitutes new development, conversion, or expansion of property, the measure of the fee for that project shall be a reasonable estimate of the cost of public facilities attributable to the project. When permitted by law, this estimate may be based on a schedule of generally applicable development impact fees adopted pursuant to the Mitigation Fee Act (Government Code, § 66000 et seq.).
C. The Public Works Director shall be responsible to calculate the amount of each development impact fee, taking into consideration the requirements of this chapter, any applicable schedule of development impact fees and the impact fee nexus study on which it is based, and any special circumstances.
§ 3.40.050. Developer construction of facilities.
A. The Town may require or agree, as a condition of approving a subdivision, development permit, or building permit, that the developer of a project construct public facilities needed to address the project’s impacts on the Town’s infrastructure and services. The Town shall provide a credit to the developer against the impact fee that the Town otherwise would have charged for the project.
B. When such construction will ensure efficient and timely completion of public facilities, the Town may require or agree, as a condition of approving a subdivision, development permit, or building permit, that the developer of a project construct public facilities related to the developer’s project, but with capacity beyond that needed to address the project’s impacts on the Town’s infrastructure and services. The Town shall provide a credit to the developer against the impact fee that the Town otherwise would have charged for the project. In addition, the Town shall agree to reimburse the developer for that portion of the cost of any public facility paid by the developer which exceeds the need for the public facility attributable to and reasonably related to the developer’s project.
C. The Town and a developer may agree for the developer to construct any public facilities unrelated to the developer’s project, but which the Town has identified for funding at least partially with development impact fees, in exchange for a credit against the impact fee the developer would otherwise pay for its project. This credit shall not exceed the impact fee the developer would otherwise pay for its project.
D. The Public Works Director shall impose the requirements or enter the agreements discussed in this section. If a developer enters into an agreement concerning any of the fees or other requirements discussed in this section, this shall constitute waiver of the appeal rights discussed in Section 3.40.060.
§ 3.40.060. Appeal of Fees or Other Exactions.
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A. If a developer is dissatisfied with fees or other exactions required by the Public Works Director pursuant to Sections 3.40.040 or 3.40.050, he or she may appeal to the Town Council for an adjustment to or waiver of any such fee or exaction. This appeal shall be filed with the Town Clerk and shall comply with all requirements for a protest set forth in Government Code section 66020.
The appeal shall be accompanied by payment of a filing fee in an amount to be set by the Town Council. The appellant shall be liable for the Town’s actual costs to process and rule on the appeal to the extent such costs exceed the filing fee. As applicable, any such costs in addition to the filing fee may be deducted from any refund found due to the appellant from the Town, or they may be added to the amount found due from the appellant to the Town.
B. Except as otherwise required by law, notwithstanding the filing of an appeal under this section, the developer shall pay any fees originally determined by the Town in a timely manner. Such payment shall be deemed a payment under protest pursuant to Government Code section 66020.
C. The Town Council may hear the appeal itself or may appoint a neutral hearing officer to do so.
In any event, the Town shall conduct a hearing on the appeal no sooner than 10 days, and no later than 60 days, after the appeal is filed with the Town Clerk. This hearing shall be informal, and the Town Council or hearing officer may consider any evidence relevant to the issues raised by the appeal. The Town Council or hearing officer shall issue a written decision on the appeal within 15 days of the hearing. This written decision shall be final and non-appealable except as provided below in Subdivision E. If the hearing is not held within 60 days after the appeal is filed, or if the Town Council or hearing officer does not issue a written decision within 15 days after the hearing, the appeal shall be deemed denied in full on the last day the Town was required to act.
D. The Town Council or hearing officer shall consider at least the following factors in its decision on the appeal:
1. The requirements for a development impact fee set forth in the Mitigation Fee Act (Government Code, § 66000 et seq.).
2. The substance and nature of the appellant’s evidence.
3. The facts, findings, and conclusions in the Town’s nexus study, financing plans, expenditure plans, or other evidence supporting the fee or exaction in question.
E. The appeal set forth in this section is an administrative procedure that must be exhausted prior to the initiation of any judicial proceeding concerning the fee or exaction at issue. Any such judicial proceeding shall be filed under Code of Civil Procedure section 1094.5 by the deadline provided in Government Code section 66020(d).
§ 3.40.070. Definitions.
As used in this chapter:
“Building permit” means the permit required or issued by the Town for the construction, improvement or remodeling of any structure pursuant to the Town’s building codes. “Conversion” means converting from unusable to usable floor space, or converting the existing use to another use.
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“Developer” means any person who is the owner or authorized agent of an owner of any new development within the Town.
“Expansion” means new building space is constructed where no structures existed as part of the existing building or an intensification of use within an existing nonresidential structure. “New development” means the original construction of residential, commercial, or other nonresidential buildings, or the addition of usable floor space within existing residential or nonresidential buildings, or the construction of new accessory buildings. § 3.40.080. Development agreements.
The terms of any development approvals or building permit(s) may be negotiated as part of a development agreement which may require a developer to provide or finance any public projects deemed agreeable to both the developer and the Town. Development constructed under the terms of such a development agreement may be exempted from the payment of any development impact fees.
SECTION 2. CODE AMENDMENT. Section 3.36.020 of Chapter 3.36 of Title 3 of the Yountville Municipal Code is hereby repealed in its entirety and replaced with the following:
§ 3.36.020. Filing of Claims.
A. Authority. This section is enacted pursuant to the Town’s authority under the Constitution and laws of the State of California, including but not limited to California Constitution Article XI, 7 and 9, and the Government Claims Act, Government Code sections 810, et seq.
B. Claims required. Whenever it is claimed that any person has been injured or any property damaged as a result of the dangerous or defective condition of any public street, highway, building, park, grounds, works, or property of the Town or the negligence or carelessness of any public officer, or a claim or demand is made against the Town by any person claiming injury to persons or property damage for any cause or reason, either in or outside of the Town, a verified claim for damages shall be presented in writing and filed with the Town Clerk. Such claim shall conform to the requirements of the Government Claims Act, Government Code section 810, et seq. The Town may prepare a claim form that complies with the Government Claims Act’s requirements, and a claim may be presented on such form.
Claims against the Town for money or damages which are not governed by the Government Claims Act pursuant to Government Code section 905, and which are not governed by any other statutes or regulations expressly related thereto, shall be governed by this section. A claim relating to such a cause of action shall be presented not later than one year after the accrual of the cause of action. Such claims shall be presented and processed as provided by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as said provisions are not in conflict with this section.
No suit for money or damages may be brought against the Town until a written claim therefore has been presented to the Town and has been acted upon or has been deemed to have been rejected by the Town, in accordance with this section.
C. Form of claim. All claims shall be made in writing, verified by the claimant or by his or her guardian, conservator, executor or administrator, and may be submitted electronically. In addition, Ordinance No. 25-536
all claims shall contain the information required by Cal. Gov't Code 910. The foregoing reference to Cal. Gov't Code 910 shall not be construed to authorize a class claim or a representative claim, and no claim may be filed on behalf of another person or a class of persons unless verified by such other person(s) and each member of any purported class.
D. Authority of Town Manager or designee. Pursuant to Government Code section 935.4, the Town Council delegates authority to the Town Manager or his or her designee to review all claims for sufficiency and to reject any and all claims. The Town Council delegates to the Town Manager or his or her designee authority to allow, compromise, or settle claims, including without limitation workers’ compensation claims, for an amount up to and including $45,000. The Town Council shall have sole authority to allow, compromise, or settle claims for an amount in excess of $45,000.
E. Claim prerequisite to suit. In accordance with California Government Code Sections 935(b) and 945.6 and this section, all claims shall be presented as provided in this section and acted upon by the Town prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of division (B) of this section.
F. Suit. Any action brought against the Town upon any claim or demand shall conform to the requirements of Sections 940-949 of the California Government Code. Any action brought against any employee of the Town shall conform to the requirements of Sections 940-944 and 950-951 of the California Government Code.
SECTION 3. CEQA. This Ordinance does not involve a “project” under the California Environmental Quality Act (CEQA) because it is a government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, and it generally has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (14 Cal. Code Reg. § 15378(b)(4).) Furthermore, even if it is a “project,” the ordinance is exempt from CEQA, as there is no possibility that the Ordinance or its implementation would have a significant effect on the environment. (14 Cal. Code Reg. § 15061(b)(3).)
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect 30 days after final adoption.
SECTION 6. INCONSISTENT PROVISIONS. Any provision of the Yountville Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.
SECTION 7. CERTIFICATION. The Town Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Within 15 days from the date Ordinance No. 25-536
of passage of this ordinance, the Town Clerk shall post a copy of the ordinance in accordance with California Government Code in at least three public places in the Town.
INTRODUCED by the Town Council at a regular meeting held on the 15th day of July 2025.
PASSED AND ADOPTED by the Town Council at a regular meeting held on the 5th day of August 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Margie Mohler, Mayor
ATTEST:
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Hilary Gaede, Communications Director/Town Clerk
APPROVED AS TO FORM:
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Gary Bell, Town Attorney
I, Hilary Gaede, COMMUNICATIONS DIRECTOR/TOWN CLERK of the Town of Yountville, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the Town Council on the 15th day of July 2025. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the Town Council on the 5th day of August 2025 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Hilary Gaede, Communications Director/Town Clerk