Chapter 18.136 — AMENDMENT

18.136.010 - Procedure—Urgency measures—Conformance to state planning law.

A.

An amendment to the provisions of this title which changes any property from one zone to another or imposes any regulations listed in California Government Code Section 65850 not theretofore imposed, or removes or modifies any such regulation theretofore imposed, shall be adopted in the manner set forth in this chapter. Interim ordinances adopted as urgency measures pursuant to California Government Code Section 65858 may be

adopted pursuant to the provisions of that section. Any other amendment to the provisions of this title may be adopted in the same manner as other ordinances.

B.

It is intended that this chapter conform to provisions of state planning law concerned with the adoption and administration of zoning laws, ordinances and rules and regulations, commencing with Government Code Section 65800, and changes that may be made to such provisions of said law are to be deemed to be incorporated herein.

(Ord. 867 § 15, 1988: Ord. 511 § 1 (part), 1976: prior code § 12870)

An amendment to the text of any provisions of this title may be initiated by the board, the commission or any interested person. An application to transfer one or more parcels from one zoning district to another or to add or delete combination zoning district designations to or from one or more parcels may be initiated by the board, the commission or the owner of one or more of the affected properties or his or her duly authorized agent.

(Ord. 867 § 16, 1988: Ord. 511 § 1 (part), 1976: prior code § 12871)

When the board has requested the commission to study and report upon an amendment which is within the scope of this chapter and the commission fails to act upon such request within a reasonable time, the board may, by written notice, require the commission to render its report within forty days. Upon receipt of the written notice the commission, if it has not done so, shall conduct the public hearing as required by Section 18.136.040. Failure to so report to the board within the above time period shall be deemed to be approval by the commission of the proposed amendment.

(Ord. 511 § 1 (part), 1976: prior code § 12872)

18.136.040 - Public hearing before commission—Notice.

A.

The commission shall hold a public hearing on any amendment filed pursuant to Section 18.136.020. Notice of the date, time and place of said hearing, the fact that the hearing will be held before the planning commission, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing shall be published once at least ten calendar days prior to the hearing in a newspaper of general circulation, published and circulated in the county.

B.

Notice meeting the informational requirements of subsection (A) of this section shall also be mailed or delivered at least ten calendar days before the hearing as follows:

1.

To the owner of the subject real property or the owner's duly authorized agent and to the project applicant;

To any person who has filed a written request therefor with the commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. Such a request shall be accompanied by that fee established by resolution of the board of supervisors;

3.

To each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected;

4.

To all owners of real property, including businesses, corporations or other public or private entities, as shown on the latest equalized assessment roll within one thousand feet of the real property that is the subject of the proposed zoning change. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector which contain more recent information than the assessment roll may be used.

C.

In the event that the number of owners to whom notice would be sent pursuant to subsection (B)(1) or (4) of this section is greater than one thousand, in lieu of mailed or delivered notice, notice may be provided to those persons identified in subsection (B)(1), (3) and (4) of this section by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the county at least ten days prior to the hearing. Providing notice pursuant to this section shall not relieve the commission of the duty to notify any person who has requested special notice pursuant to subsection (B)(2) of this section.

D.

Subsection (B)(1), (3) and (4) of this section shall not apply to an amendment which does not affect the permitted uses of real property within the county.

E.

In addition to the notice required by this section, the commission may give notice of the hearing in any other manner it deems necessary or desirable.

F.

Failure to receive the notice required by this section shall not invalidate any amendment that is adopted.

G.

Any hearing may be continued from time to time at the discretion of the commission.

(Ord. 906 § 45, 1989; Ord. 867 § 17, 1988: Ord. 511 § 1 (part), 1976: prior code § 12873)

(Ord. No. 1379, § 174, 1-29-2013; Ord. No. 1395, § 7, 12-16-2014)

After the hearing, the commission shall render its decision in the form of a written recommendation to the board. Such recommendation shall include the reasons for the recommendation and the relationship of the proposed amendment to applicable general and specific plans. The recommendation shall be transmitted to the clerk of the board on or before the tenth day following the decision of the commission. The recommendation shall be deemed

filed with the board for purposes of Section 18.136.060(C) on the date the recommendation is received by the clerk of the board.

(Ord. 1082 § 14, 1995; Ord. 867 § 18, 1988: Ord. 511 § 1 (part), 1976: prior code § 12874)

18.136.060 - Public hearing before board—Not required when—Notice of hearing.

A.

Upon receipt of the recommendation of the commission, the board shall hold a public hearing on the proposed amendment.

B.

The clerk of the board shall schedule the matter for public hearing. Notice of the public hearing shall be given by publishing a notice containing the information required by Section 18.136.040(A) once in a newspaper of general circulation within the county at least ten calendar days prior to the hearing.

C.

Notwithstanding subparagraphs (A) and (B), if the matter under consideration is an amendment to this title to change property from one zone to another, and the commission has recommended against the adoption of such amendment, the board shall not be required to take any further action on the amendment unless an interested party requests a hearing by filing a written request with the clerk of the board within five days after the commission files its recommendations with the board.

D.

Any hearing may be continued from time to time.

(Ord. 1195 § 6, 2002; Ord. 1082 § 15, 1995; Ord. 867 § 19, 1988: Ord. 511 § 1 (part), 1976: prior code § 12875)

18.136.070 - Board action on commission recommendations—Procedure.

The board may approve, modify or disapprove the commission's recommendations; provided, that any modification of the proposed ordinance or amendment by the board not previously considered by the commission during its hearing shall first be referred to the commission for report and recommendations, but the commission shall not be required to hold a public hearing thereon. Failure of the commission to report within forty days after the reference, or such longer period as the board may designate, shall be deemed to be approval by the commission of the proposed modification.

(Ord. 511 § 1 (part), 1976: prior code § 12876)

18.136.080 - Approval of change of zone or district designation—Notification of assessor.

If an amendment to the provisions of this title is approved by the board which changes any property from one zone to another or adds or deletes a combination zoning district designation to or from one or more parcels, the clerk of the board shall, within thirty calendar days of such approval notify the Napa County assessor of the change.

(Ord. 867 § 20, 1988: prior code § 12877)

Chapter 18.140 - SITE PLAN APPROVAL

18.140.010 - Purpose and scope.

A.

This chapter establishes the manner in which all applications for site plan review and approval, if same is required by any provision of this code, are to be processed. A site plan approval is a ministerial land use permit and shall be used to determine compliance with the planning and zoning provisions of this code. When a site plan approval is required by this title to authorize a development proposal, its approval certifies that the land use or development satisfies all applicable provisions of the county code. Approval of a site plan automatically authorizes the issuance of a building permit pursuant to Title 17 or the establishment of a land use that does not require a building permit, but is still subject to the standards set forth in this title.

B.

Site plan approval is required prior to:

1.

Establishment of a new use within an existing or new building which is allowed without use permit approval by Title 18;

2.

Construction, erection, enlargement, alteration or relocation of any building for which a use would be established pursuant to subsection (B)(1) of this section. However, no site plan approval is required for any agricultural use of land or building(s) as defined by Section 18.08.040.

(Ord. 922 § 1 (part), 1989: prior code § 12881)

A.

Applications for site plan review and approval shall be made to the director on forms provided by the department and shall be accompanied by that filing fee adopted by resolution of the board of supervisors.

B.

An application for site plan approval shall include the following information:

1.

The name and address of the applicant and all persons that own any part of the subject property, including evidence that all owners agree to the application;

2.

Location and/or address and legal description of subject property;

3.

A fully dimensioned, scaled site plan showing the following:

a.

Boundary and dimensions of the property and setbacks of all buildings and proposed improvements from existing or proposed property lines,

b.

Topography of the property, if parcel contains existing or proposed slopes of ten percent or greater,

c.

A landscape documentation package in compliance with the water conservation regulations,

d.

Location of adjacent streets, drainage, structures, utilities, buildings, signs and other features that may affect the use of the property,

e.

Proposed development, including planned buildings and structures, access, drainage, yards, drives, parking areas, landscaping, signs and walls or fences,

f.

The property lines and existing uses for all properties within three hundred feet of the exterior boundary line of the subject property;

4.

A clear indication of the names of all the streets and of the assessor's parcel numbers of each parcel shown on the map;

5.

The names and mailing addresses as listed on the latest assessment roll of the owners of the property shown on the map;

6.

An indication of the precise interest of the applicant in the property;

7.

The assessor's parcel number and the street address of the subject property;

8.

A statement of the proposed use of all on-site buildings, the number of full-time equivalent employees;

9.

A list of hazardous, extremely hazardous or infectious materials and/or waste proposed to be utilized or stored on the property as determined by Health and Safety Code Sections 25117, 25115 and 25117.5 and Title XXII, Division 4 Articles 9 and 11 of the California Administrative Code;

Building plans or elevations of any new building or expansion of existing buildings indicating materials and heights;

11.

Location of all existing or proposed outdoor storage areas;

12.

Such other information as the director may require.

C.

The director may waive any of the information required above if in his opinion it is not needed to take action on the application.

(Ord. 1056 § 2, 1994; Ord. 1029 § 3, 1992; Ord. 922 § 1 (part), 1989: prior code § 12881.1)

18.140.030 - Processing application—Conditions of approval.

A.

The director shall determine within a reasonable period after submission whether or not the application contains all of the information required by Section 18.140.020 and either accept the application for filing or return the application to the applicant with instructions as to why the application is deficient.

B.

Following the acceptance of an application for filing, the director shall forward a copy of the application to the department of public works, department of forestry or other responsible fire protection district for review and comment as to whether or not the proposed project will fully comply with the applicable provisions of this code. If the review agency determines that the proposed project will not fully comply with the applicable provisions of this code, written notice of that determination will be given directly to the applicant and the director. Any such notice shall identify in detail why the review agency concluded that the proposed project does not comply with applicable provisions of this code.

C.

Following review of the site plan and the comments of the departments identified in subsection (B) of this section, the director shall approve the site plan application if the proposed project or use satisfies all of the applicable provisions of this code.

D.

The director shall approve or disapprove a site plan application within thirty days after the receipt of comments from the reviewing agencies. The director shall give written notice of his decision of approval or disapproval of the site plan application by mail to the applicant and neighboring owners identified in subsection (B)(5) of Section 18.140.020 above.

E.

In approving a site plan application that authorizes an occupancy type rather than a specific use, the director shall supply the applicant a list of the uses that can be accommodated by the building and site improvements proposed, consistent with the requirements of this title.

(Ord. 1056 § 3, 1994; Ord. 922 § 1 (part), 1989: prior code § 12881.2)

(Ord. No. 1379, § 175, 1-29-2013)

An applicant or any other interested person may appeal from the decision of the director in the manner set forth in Chapter 2.88.

(Ord. 922 § 1 (part), 1989: prior code § 12881.3)

A site development plan shall expire automatically as set forth in Section 18.124.080.

(Ord. 1260 § 7, 2005: Ord. 1227 § 7, 2003: Ord. 922 § 1 (part), 1989: prior code § 12881.4)

Chapter 18.141 - GROUNDWATER CONSERVATION

Any zoning applications filed under this title shall disclose whether the proposed use requires or anticipates the use of groundwater as a water source. Where that use requires groundwater review and the issuance of a groundwater permit under Chapter 13.15 of this code, the zoning application shall not be approved until that review has been completed and a groundwater permit has been obtained.

(Ord. 1162 § 9, 1999)

Chapter 18.144 - ENFORCEMENT

All departments, officials and employees of the county vested with the duty or authority to issue permits or licenses shall issue no such permit or license for uses, buildings or purposes which would be in conflict with the provisions of this title.

(Ord. 511 § 1, 1976: prior code § 12900)

The director is hereby authorized to issue stop orders to prohibit further construction of buildings or structures involving violations of this title, and such stop orders shall remain in effect until such violations have been resolved.

(Ord. 511 § 1, 1976: prior code § 12901)

It shall be the duty of the director, or his deputy, and other county officials herein or otherwise charged by law with the enforcement of this title, to enforce this title and all its provisions.

(Ord. 511 § 1, 1976: prior code § 12902)

Any building set up, erected, built, moved or maintained, and any use of property contrary to the provisions of this title, shall be and the same is hereby declared to be unlawful and a public nuisance and the county may immediately commence action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any persons, firm or corporation from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this title.

(Ord. 511 § 1, 1976: prior code § 12903)