Napa County Municipal Code Art. I Issuance Conditions

Any term used in this chapter and not defined herein, but which is defined in Titles 17 or 18 of this code shall have the meaning set forth in those titles.

"Building official" means the chief building official or that official's authorized designee.

"Building permit" means a permit authorizing construction activities in conformance with those regulations adopted by the county by Chapters 15.04, 15.12, 15.14, 15.15, 15.16, 15.20, 15.24, 15.28, 15.32, 15.34, and 15.36 of this title, as well as state guidelines adopted by the county in Chapter 15.06.

"Department" means the planning, building and environmental services department.

"Development permit" means a permit authorizing land use and development pursuant to this code.

"Director" means the director of planning, building, and environmental services or the director's designee.

"Fire official" means the chief officer assigned to the Napa County Fire Marshal's Office or the chief of the fire protection district in which the building site is located.

"Violation of record" means that a written complaint has been filed with the planning, building and environmental services department.

(Ord. 1256 § 7, 2005: Ord. 1207 § 2 (part), 2002: Ord. 1160 § 3 (part), 1999)

(Ord. No. 1350, § 3, 11-23-2010, eff. 12-23-2010; Ord. No. 1379, § 61, 1-29-2013; Ord. No. 1450, § 8, 12-17-2019)

No certificate of occupancy shall be issued unless and until the building official finds; in regard to the proposed development, that the fire official has certified or stated that the proposed development will meet the requirements of the fire protection district in which the development is located or, if the development is not located in a fire protection district, that the proposed development has met such fire protection requirements as have been adopted by resolution of the board of supervisors. In the event of a conflict between such fire protection requirements and a condition of approval of a land division, lot line adjustment, use permit, variance or other entitlement for use relating to the parcel on which the building will be constructed, the more restrictive condition or requirement shall apply.

(Ord. 1207 § 2 (part), 2002: Ord. 1160 § 3 (part), 1999)

A. Exceptions to any fire protection requirements that have been adopted by the board of supervisors by resolution pursuant to Section 15.08.020 may be granted by the planning commission upon making the following findings:

1. The granting of the reduction will not be detrimental to the public health, safety or welfare, or be injurious to other property in the vicinity, and

2. If the fire protection requirements relating to fire flow are contested, the water necessary to produce the fire flow required is not available; or

3. If the fire protection requirements related to parking or road access are contested, the parking or access requirements are unnecessary considering the topography, location and surroundings of the parcel.

B. A request for an exception from the fire protection standards shall be noticed in the manner set forth in subsections (A)(2)(a), (A)(2)(b) and (A)(2)(d) of Section 17.12.020 of this code.

(Ord. 1207 § 2 (part), 2002: Ord. 1160 § 3 (part), 1999)

(Ord. No. 1379, § 62, 1-29-2013)

A. Building permits may be issued for entire construction projects or in a phased manner of sequential permits as provided for in Section 107.3.3 of the California Building Code and Section R106.3.3 of the California Residential Code. No building permit shall be issued unless and until the building official has made all of the following findings in regard to the proposed development:

1. The director has certified or stated that an approved water supply and sewage disposal system exist, or that plans have been submitted and approved by the director that equal or exceed the standards set forth in Chapters 13.04 through 13.56 of this code, and where a groundwater permit will be required, that the requirements of Chapter 13.15 have been satisfied;

2. The planning division of the department has certified or stated that all applicable requirements of Titles 17 and 18 of this code have been met, including but not limited to compliance with conditions that were required to be met prior to the issuance of a building permit as a result of the approval of a land division, lot line adjustment, certificate of compliance, use permit, variance, or other entitlement for use relating to the parcel on which the building will be constructed;

3. The director has certified or stated that either Chapter 16.04 is not applicable or that the requirements set forth in that chapter have been met;

4. If the development project for which the permit is sought is located within an "AC" (airport compatibility) combination zone, as defined in Chapter 18.80, and any provision of this code or any applicable airport land use compatibility plan requires that an aviation, hazard and noise abatement easement consistent with FAA regulations be executed prior to the construction of the proposed development or issuance of permits for such construction, at least one of the following has occurred:

a. If the AC zone is based upon proximity of the development project to the Napa County Airport, the director of aviation has certified or stated that such an easement, in a form acceptable to the county counsel, has been executed in favor of the county.

b. If the AC zone is based upon proximity of the development project to Parrett Field or other privately-owned public use airport located within the unincorporated territory of the county, the executive officer of the county airport land use commission has certified or stated that such an easement, in a form acceptable to the legal counsel for the county airport land use commission, has been recorded in favor of such airport, except that where the parcels involved in the development are in common ownership with the airport at the time of issuance of the building permit, this requirement may be satisfied by recordation of a contract between the owner and the county, in a form acceptable to the legal counsel for the county airport land use commission, under which the owner agrees to convey such easement upon severance of common ownership.

5. The planning division of the department has certified or stated that the proposed development is to occur on a legal lot of record;

6. All applicable fees shall have been paid, including but not limited to fees for:

a. Building and zoning plan-checks,

b. The issuance of any required building permit, and

c. The issuance of all required permits by the department or the department of public works;

7. The school district within whose boundaries the development is proposed to be located has certified or stated that any fee, charge, dedication or other form of exaction levied by the governing board of the school district will be satisfied in a manner acceptable to the district.

B. No building permit shall be issued authorizing the construction of improvements on a parcel that is adjacent to agricultural land, as that term is defined by Section 2.94.010 of this code, until the owner(s) of the parcel have signed and filed with the planning division of the department a statement acknowledging that they are aware of the "right to farm" policy of the county and have been provided a copy of a "right to farm" statement. The "right to farm" statement provided to applicants for building permits shall be substantially in the form set forth in Section 2.94.030 of this code.

C. No building permit shall be issued for the construction of a structure unless consistent with the county general plan, any applicable specific plan, and the zoning of the parcel, or as permitted by Section 18.132.030 for legal nonconformities.

D. No building permit shall be issued if the building official has actual knowledge that the project as proposed will not be in compliance with all applicable provisions of the county code.

E. No building permit shall be issued for a project that will directly affect the portion of a parcel which contains a county code violation of record until such violation is corrected, or unless the building permit is for a project which includes correction of such violation.

F. No building permit shall be issued for a new residential unit unless a valid building permit allocation has been obtained or the proposed residential unit is exempt from the limitations set forth in the growth management system of the county general plan.

G. No building permit shall be issued in reliance upon a separate discretionary permit, or decision determining the legal status of the parcel involved, while any appeal of such discretionary permit or decision determining legal status of the parcel is pending or prior to the expiration of any period prescribed by this code for the filing of a notice of such appeal.

H. (Reserved).

I. No certificate of occupancy shall be issued unless and until the building official finds, in regard to the proposed development, that any applicable housing fee requirements and/or inclusionary requirements as set forth in Chapter 18.107 of the Napa County Code have been met.

J. No building permit for a new dwelling unit or guest cottage or for expansion of the footprint of a dwelling unit or guest cottage shall be issued in the Napa River Reclamation District until the applicant has submitted to the building official a soils report prepared by a civil engineer registered with the state of California which shall include recommendations for a foundation designed to withstand potential tidal effects as well as inundation by flooding.

K. No building permit shall be issued for construction of a new dwelling unit, guest cottage or accessory structure or expansion of the footprint of a dwelling unit, guest cottage or accessory structure within the Napa River Reclamation District until written certification has been received from the District that the property and proposed project are in compliance with all applicable District requirements and standards.

(Ord. 1252 § 10, 2005: Ord. 1230 § 4, 2003: Ord. 1207 § 2 (part), 2002: Ord. 1160 § 3 (part), 1999)

(Ord. No. 1350, § 4, 11-23-2010, eff. 12-23-2010; Ord. No. 1334, § 4, 1-19-2010; Ord. No. 1379, § 63, 1-29-2013; Ord. No. 1388, § 5, 12-17-2013, eff. 1-16-2014)

A. All applications for a building permit involving a parcel located within an area designated as subject to landslides, on the maps maintained and available for public review during working hours by the planning division of the department, including, but not limited to the Environmental Sensitivity Maps or the United States Geological Survey Open File Map, shall be accompanied by a geologic report issued by a geologist who is registered by the state of California.

B. The report shall contain all of the following:

1. An identification of all geologic hazards affecting the property;

2. The opinion of a registered geologist as to whether or not the parcel is capable of being developed with a structure to be used for human habitation without danger of slippage;

3. If the parcel is capable of being developed, whether such development will require an engineered foundation and, if an engineered foundation is required, the plans for the engineered foundation must be attached to the report;

4. If the parcel is capable of being developed, an identification of such other requirements that should be imposed to ensure protection of the portion of the parcel upon which the structure and related development is to be constructed, and surrounding parcels affected by the structure and related development, including but not limited to:

a. Necessary retaining walls and their design,

b. Required drainage systems and their design,

c. Other requirements that may be needed to stabilize the soil;

5. If the parcel is capable of being developed, a description of the surrounding areas that could impact on the structure to be built and all related development.

(Ord. 1312 § 1, 2008: Ord. 1207 § 2 (part), 2002: Ord. 1160 § 3 (part), 1999)

(Ord. No. 1379, § 64, 1-29-2013)

A. It is unlawful for any person, firm or corporation to do, cause, permit, aid, abet or maintain any construction work at a job site without a job copy of the building permit available at the job site.

B. It is unlawful for any person, firm or corporation to do, cause, permit, aid, abet or maintain any construction work at a job site without a copy of any development permit that was required to be approved prior to issuance of the building permit.

(Ord. 1207 § 2 (part), 2002: Ord. 1160 § 3 (part), 1999)

A. No new building shall be occupied and no permanent electrical service connection to a new structure shall be provided until:

1. The building is completed as approved;

2. All conditions of any applicable development permit are satisfied;

3. All applicable zoning, planning, environmental, public works and fire official requirements have been met; and

4. The final building inspection of the building permit is approved.

Exception: The building official has the authority to allow a structure to be energized prior to a permit final provided all electrical has been inspected and deemed to be safe and suitable for energizing and the permit holder has submitted a written request to implement an approved lock out-tag out procedure. The lock out-tag out request shall include sufficient information demonstrating the need to provide energy to the structure prior to a permit final and list all responsible parties who will have access to the electrical system under the lock out-tag out process.

B. Notwithstanding subsection (A) of this section, temporary occupancy of a commercial structure shall be permitted, upon securing the approval of the building official in writing, for a maximum of one hundred eighty days. The building official shall grant such approval only if the building official determines that the structure meets all minimum code requirements including, but not limited to, operable electrical, water, toilet and sewer facilities serving the building.

(Ord. 1207 § 2 (part), 2002: Ord. 1160 § 3 (part), 1999)

(Ord. No. 1379, § 65, 1-29-2013; Ord. No. 1478, § 7, 11-29-2022)

All permit and certificate of occupancy decisions made by the building official under Sections 15.08.020, 15.08.040 and 15.08.070 of this Article I are final, and may not be appealed in the manner provided by Chapter 2.88 of this code.

(Ord. No. 1388, § 1, 12-17-2013, eff. 1-16-2014)