Napa County Municipal Code Ch. 17.04 General Provisions and Regulations

Title 17 of this code may be cited as the "Napa County Subdivision Ordinance," and shall supplement and implement the Subdivision Map Act found at Section 66410, et seq., of the Government Code. Any reference to a section bearing the numbers 66410 through 66499.99 in this title shall be to the California Government Code. All land divisions in the unincorporated area of the county are subject to all of the applicable provisions of the Subdivision Map Act and this title.

(Ord. 854 § 2 (part), 1987: prior code § 11600)

A. Compliance with this title is a condition precedent to the issuance of a building permit, use permit, variance or any other land use approval by the officer or body authorized to issue such permits or authorizations in the unincorporated area of the county.

B. Issuance of such permits or authorizations without prior compliance with this title shall render them void. Upon the discovery of the issuance of such permit without compliance herewith, it shall be the duty of the director of planning to notify the persons to whom such permit was issued of the requirements of this title and to demand that all building and construction work cease immediately until this title has been complied with.

(Ord. 975 § 2, 1990: Ord. 854 § 2 (part), 1987: prior code § 11600.6)

Title 17 of this code shall not apply to the following:

A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, trailer parks or recreational vehicle parks;

B. Mineral, oil or gas leases;

C. Land dedicated for cemetery purposes under the Health and Safety Code of the state;

D. Lot line adjustments; provided, however, that Sections 17.46.020 through 17.46.050, which establish a procedure for processing lot line adjustments, are applicable;

E. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party;

F. Any separate assessment pursuant to Section 2188.7 of the Revenue and Taxation Code;

G. Unless a parcel or final map was approved by the county, the conversion of a community apartment project or stock cooperative to a condominium, if the requirements set forth in Section 66412 subparagraph (g) in the case of a community apartment project or Section 66412 subparagraph (h) in the case of a stock cooperative, are met;

H. The leasing of or the granting of an easement to a parcel of land, or any portion or portions thereof in conjunction with the financing and erection, and subsequent sale or lease, of a wind-powered electrical generation device on the land, if the project must secure a use permit or other discretionary permit from the county prior to becoming operational;

I. The financing or leasing of any parcel of land, or any portion thereof in conjunction with the construction of commercial or industrial buildings on a single parcel unless the project will not be subject to review by any other county ordinance regulating design and improvement;

J. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

K. The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or accessory dwelling units pursuant to Article 2 (commencing with Section 66314) of Chapter 13 of Division 1 of the Government Code. This title shall, however, apply to the sale or transfer of such units;

L. Leases of land for agricultural purposes. As used in this subsection, "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock; and

M. Any other land division expressly exempted from the Map Act by state law.

(Ord. 981 §§ 1, 2, 1991; Ord. 854 § 2 (part), 1987: prior code § 11600.1)

(Ord. No. 1495, § 3, 9-24-2024)

All applications authorized herein or actions to be taken by any authorized officer or body shall be accompanied by the fee, if any, that has been established by resolution of the board of supervisors.

(Ord. 906 § 39, 1989: Ord. 837 § 2 (part), 1987: Ord. 854 § 2 (part), 1987: prior code § 11600.3)

Except as otherwise provided in Chapter 17.46 or 17.48 of this title, two or more contiguous parcels or units of land which were created pursuant to the provisions of the Map Act or any statutory law or county ordinance regulating the division of land, or were not subject to any statutory or local law at the time of their creation, shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceedings under the provisions of the Map Act or this title shall be required for the purpose of sale, lease or financing of such contiguous parcels or units.

(Ord. 854 § 2 (part), 1987: prior code § 11600.2)

When any area in a subdivision or proposed subdivision as to which a tentative map or vesting tentative map has been filed, but the final act required to make the final or parcel map effective has not been taken, is annexed to a city, the approval of the tentative map or vesting tentative map by the county shall become null and void. Any further consideration of the matter shall be made by the affected city upon a new application by the subdivider.

(Ord. 854 § 2 (part), 1987: prior code § 11600.4)

When any area in a subdivision as to which a final or parcel map has been approved by the board and filed for record pursuant to this title is thereafter annexed to the city, the final map and any agreements relating to the subdivision shall continue to govern the subdivision.

(Ord. 854 § 2 (part), 1987: prior code § 11600.5)

A. Any application received and processed under the provisions of this title shall be deemed withdrawn and henceforth null and void if the applicant has not commenced further processing of the application with the county within the later occurring of the following two time periods:

1. Forty-five days from the last written notification to the applicant from the county requesting further information from or action by the applicant and to which the applicant has not responded; or

2. Three months from the date of the last action of the advisory agency regarding the application which did not constitute a final approval of the entire application, providing that no further proceedings have occurred because of inaction on the part of the applicant.

B. The forty-five-day period set forth in subsection (A)(1) of this section shall be extended for an additional forty-five days upon the request of an applicant, providing the request is received by the department prior to the expiration of the forty-five-day period.

C. Additional extensions may be granted only by the board of supervisors. An extension may be granted by the board in the event extraordinary circumstances justify such an extension.

D. All requests for extensions shall be made to the director of planning and accompanied by that fee established by resolution of the board of supervisors. Extensions pursuant to subsection (B) of this section will be automatically granted. Extensions pursuant to subsection (C) must be accompanied by an explanation as to why such an extension should be granted.

(Ord. 906 § 40, 1989; Ord. 887 § 1, 1988: Ord. 854 § 2 (part), 1987: prior code § 11600.9)

Any violation of this title is a public nuisance and, in addition to any penalties provided in this code, such violation may be abated by appropriate action of the district attorney or county counsel.

(Ord. 854 § 2 (part), 1987: prior code § 11600.8)

Any conveyance or contract to convey, or other act made contrary to the provisions of this title, is voidable to the extent and in the same manner as provided by Sections 66499.30 through 66499.36 of the Government Code, inclusive.

(Ord. 854 § 2 (part), 1987: prior code § 11600.7)