Napa County Municipal Code Art. IV Notices, Permits and Fees

Any application for a permit to engage in timber operations which shows, by satisfactory evidence, that the timberlands to be cut are to be devoted to bona fide use as a vineyard, or other agricultural activities, may be approved for removal of substantially all trees, but shall otherwise comply with the forest practice rules. Conditions may be imposed on any timberland conversion permit requiring retention of such trees as may be reasonably necessary for protection of wildlife habitats, watersheds and aesthetic values, provided such conditions may not impose restrictions more stringent than forest practice rules.

(Prior code § 10070)

A. Every timber owner shall notify the director of proposed timber operations on his holdings prior to the date of commencement thereof.

B. Every timber operator shall notify the director of proposed timber operations by him prior to the date of commencement thereof.

C. Every notice of proposed timber operations shall include all of the following information:

1. Location of the proposed timber operations, given by a legal subdivision description or in such manner as shall enable the director to locate the timber operations on the ground;

2. The approximate area of the timber operations;

3. The dates within which the timber operations are to take place.

D. In addition, the timber owner shall include in such notice the name and address of the person under contract to conduct the timber operations, if such operations are to be conducted by a person other than the timber owner.

(Prior code 10060)

No person shall engage in timber operations within the unincorporated area of the county without a permit to engage in timber operations issued pursuant to this chapter.

(Prior code § 10061)

A. A person wishing to obtain a permit to engage in timber operations shall make application therefor to the commission on a form which the commission shall devise.

B. Such application form shall call for all information reasonably necessary to describe the proposed timber operations so that an evaluation thereof may be made in accordance with the purposes and policies of this chapter. The application shall be accompanied by such maps, sketches, plans, information, statements and other supplementary materials of like nature as the commission may require to enable it to carry out its duties under this chapter. In addition, the applicant may be required by the commission to perform fieldwork, such as flagging proposed roads, property lines or other physical features on the ground, as may be necessary or desirable to enable the commission to carry out its duties under this chapter.

C. It is the intent of this section that the completed application shall constitute a comprehensive plan for the proposed timber operation, and that when approved, it shall be attached to and become a part of the permit issued under Section 16.08.250, and shall define and describe the scope of the permitted timber operations.

D. The completed application shall present a plan for the proposed timber operations which shall comply with the forest practice rules except to the extent that exemption therefrom is requested in accordance with Section 16.08.130 of this chapter.

(Prior code § 10062)

A. The applicant may request exemption from compliance with one or more forest practice rules, or modification of one or more such rules, in its application to the proposed timber operation. Requests for such exemption or modification shall identify the relevant rule and shall be accompanied by the applicant's reason for the request.

B. Where practical difficulties, unnecessary hardships, or results inconsistent with the purpose and intent of this chapter may result from its strict application, exemptions or modifications to these forest practice rules may be granted, provided that all the following criteria are met:

1. That there are exceptional or extraordinary circumstances or conditions applying to the land referred to in the application, which circumstances or conditions do not apply generally to other land in the county;

2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner; and

3. That the granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant; and will not, under the circumstances of the particular case, be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.

C. The fact that another local, state or federal agency uses a less-restrictive forest practice rule shall not be used as justification for granting an exemption to the county's forest practice rules, nor shall such a less-restrictive rule necessarily be found to be an acceptable substitute for a county forest practice rule. The criteria used in evaluating the acceptability of all such replacement rules and conditions shall be that the new rule must serve substantially the same purpose and provide essentially the same level of environmental protection as that provided by the county forest practice rule being replaced.

D. Application for an exemption shall be made in writing on a form prescribed by the planning commission, and shall be accompanied by a fee of one hundred dollars, no part of which shall be returnable to the applicant, and by statements, plans and other evidence showing that the criteria specified in subsection (B) of this section are met.

(Ord. 646 § 1, 1980: prior code § 10063)

A. The application shall be referred to the director for study and report. The director shall notify the applicant of deficiencies in the application, and the applicant shall be given a reasonable opportunity to correct any such deficiency.

B. The director shall, at the applicant's expense, prepare an environmental impact report on the proposed timber operation in accordance with requirements of the California Environmental Quality Act of 1970 and of county guidelines.

C. The director shall submit to the commission within ninety days after receipt of the application a written report and recommendation on the application, which shall include or be accompanied by an environmental impact report and the director's recommendation with respect to any request for exemption or modification made pursuant to Section 16.08.190. The time limitation contained herein may be extended by the period taken by the applicant to correct the deficiencies in the application, or by the mutual agreement of the parties.

(Prior code § 10064)

An application for a permit or renewal permit shall be accompanied by that fee established by resolution of the board of supervisors, and shall be paid to the planning, building and environmental services department. This fee shall be nonrefundable.

(Ord. 906 § 29, 1989: Ord. 837 § 38, 1987: Ord. 646 § 2, 1980: Ord. 585 § 3, 1978: prior code § 10090)

(Ord. No. 1379, § 83, 1-29-2013)

The applicant shall reimburse the department for the cost of the environmental impact report required under Section 16.08.200, in accordance with the policies of the board of supervisors.

(Prior code § 10091)

The commission shall hold a public hearing on any application following submittal by the director of the report and recommendation pursuant to the preceding section.

(Prior code § 10065)

A. The application may be approved, disapproved, or approved subject to conditions reasonably designed to carry out the purposes and policy of this chapter.

B. The application shall be disapproved upon a finding by the commission that any of the following are true:

1. The application contains material misrepresentations or false statements;

2. Specifications in the application do not comply with the forest practice rules, and no exemption is granted or modification permitted which will remedy the noncompliance;

3. The proposed timber operation will produce an adverse environmental impact which outweighs any economic benefit anticipated from the proposal;

4. Carrying out of the proposed timber operation will be contrary to the purposes and policies of this chapter.

C. Approval by the commission shall be accompanied by the commission's decision, together with appropriate findings, with respect to any request for exemption or modification made pursuant to Section 16.08.190.

(Prior code § 10066)

A. Upon approval of the commission of an application and payment of the fees prescribed in this chapter, the planning director shall issue to the applicant an original permit to engage in timber operations, which shall include such exemptions or modifications requested under Section 16.08.190 as the commission shall have decided to grant. Each such permit shall be valid for a one-year period, which shall be specified in the permit. Each such permit shall be subject to all applicable state laws and to any amendments to this chapter, and to the rules promulgated hereunder.

B. The permit or a copy of it shall be available for inspection at the site of the proposed timber operations at all times. The holder of a timber operation shall notify the director in writing within fifteen days of change of address. A permit to engage in timber operations shall be nontransferable.

(Prior code § 10067)

A. Upon issuance of a permit to engage in timber operations and as a condition of the validity of such permit, the applicant shall deposit a bond payable to the county, to insure compliance with the provisions of this chapter, the forest practice rules, and the conditions of the permit.

B. The amount of such bond shall be calculated as follows:

1. Such amount, up to four hundred dollars per acre for the area whereon timber operations are to be conducted, as is determined to be sufficient to meet those conditions of the timber harvest permit that involve performances upon such property; plus

2. Such additional amount as is determined to be sufficient to repair, replace or restore to its preharvest condition any county roadway which may be damaged as a consequence of such timber harvest activities.

C. The bond shall remain on deposit for the period of the timber operations, plus such additional term as may be necessary to secure compliance with agreements of the applicant to accomplish reforestation or conversion and erosion control, as set forth in the permit and the approved application.

D. A cash deposit or its equivalent may be submitted with the approval of the commission for the bond required by this section.

(Ord. 646 § 3, 1980: prior code § 10093)

The application fees shall be deemed to cover the cost of inspections made prior to commencement of timber operations, one inspection to be made during the course of permitted operations, one inspection made prior to renewal of timber operations under a renewal permit, and a final inspection upon completion of timber operation. However, if, acting upon complaint, additional inspections are made which result in a finding by the commission of violation by the permittee of the forest practice rules or the conditions of the permit, an additional inspection fee may be imposed in an amount not to exceed fifty dollars, plus one dollar per acre of the area of the original timber operation.

(Prior code § 10092)

A permit to engage in timber operations shall be nonrenewable, except that the director is hereby authorized to grant not more than one limited renewal, not to exceed eight months, if he finds that additional time is required to complete a timber operation originally scheduled for completion within the one-year period of the original permit, and that timber operations under the original permit have been conducted without violation of the forest practice rules, or, if such violations have occurred, they have been corrected. However, in no event shall any extension be effective on and after November 1st of the year in which the extension is granted.

(Ord. 675 § 1, 1981: prior code § 10068)

A permit may be suspended or revoked by the director for any of the following reasons:

A. Failure or refusal to comply with forest practice rules unless exemption from or modification thereof has been granted pursuant to Section 16.08.240;

B. Material misrepresentation or false statement in the application or any notice required under this chapter;

C. Refusal to allow inspection by the director or his staff

(Prior code § 10069)