Napa County Municipal Code Ch. 17.06 General Map Requirements

A. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums or townhouse units, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the advisory agency; or

2. Each parcel created by the division has a gross area of twenty acres or more and has access approved by the director of planning to a maintained public street or highway; or

3. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section;

4. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which meets the road standards as to alignment and width.

B. A tentative and a parcel map shall be required for all subdivisions creating not more than four parcels, not more than four condominium units, not more than four townhouse units, community apartment projects containing four or less parcels or for the conversion of a dwelling to a stock cooperative containing not more than four dwelling units; and for those subdivisions described in subsections (A)(1) through (A)(4) of this section.

C. A parcel map shall be required for all urban lot splits conforming to the provisions of Chapter 17.17.

(Ord. 854 § 2 (part), 1987: prior code § 11604)

(Ord. No. 1379, § 97, 1-29-2013; Ord. No. 1495, § 4, 9-24-2024)

Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels.

(Ord. 854 § 2 (part), 1987: prior code § 11604.1)

A. A designated remainder parcel shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.

B. Any open space area which is to be held in common by owners of dwelling units within a subdivision shall not be considered a parcel for purposes of computing the number or parcels in a subdivision.

(Ord. 854 § 2 (part), 1987: prior code § 11604.2)

A. Upon request of a subdivider, the advisory agency may waive the requirement for a parcel map that otherwise would be required by this title based on a finding by the advisory agency that the proposed division of land complies with the requirements of the Map Act and this title as to parcel size and improvement and design, so long as all required floodwater drainage control, street improvements, sewage disposal facilities and water supply systems have been constructed, if the county surveyor determines that the boundaries of the parcel or parcels are adequately monumented and if a legal description of each parcel is provided. Nothing in the immediately preceding sentence shall be construed as waiving the requirement set forth in subsection (B) of Section 17.06.010 that a tentative map is required.

B. Waiver of the parcel map shall automatically constitute approval of the issuance of a certificate of compliance pursuant to provisions of Chapter 17.52 of this title. If a parcel map has been waived, at any time within one year thereafter, the owner of the property may request and the advisory agency shall, without further application or proceedings, issue a certificate of compliance consistent with the waiver, and shall file the certificate of compliance with the recorder.

C. Requests to waive a parcel map should be filed at the same time the tentative parcel map is filed and, if so filed, shall be processed with the map. The procedures for processing waiver applications not filed with a tentative parcel map shall be the same as for tentative parcel maps.

(Ord. 854 § 2 (part), 1987: prior code § 11605)

A. Neither a tentative map nor a parcel map shall be required for subdivisions created by a short-term lease (terminable by either party on not more than thirty days' notice in writing) of a portion of an operating railroad corporation right-of-way defined as such by Section 230 0f the Public Utilities Code.

B. Unless the director of planning determines that, based on substantial evidence in the record, public policy necessitates the filing of a parcel map, neither a tentative map nor a parcel map shall be required for any of the following:

1. Land conveyed by a private person to, or received by a private person from a governmental agency or public utility; or

2. Land conveyed by one governmental agency or public entity to another governmental agency or public entity; or

3. Land conveyed to a public utility or a subsidiary of a public utility for conveyance to such public utility for rights-of-way.

C. Notice of a proposed conveyance or lease described in subsection (B) shall be given to the director of planning by the government agency, public entity, public utility, or subsidiary of a public utility not less than twenty days prior to the proposed date of transfer. Upon receipt of the notice, the director of planning shall publish notice of the proposed transfer and request for map exemption once in a newspaper of general circulation in the county at least fifteen days prior to the proposed date of the transfer, indicating in the published notice that there will be no public hearing, but that written comments may be submitted to the director of planning for inclusion in the record, up to the date stated in the notice when the director of planning will determine whether or not a tentative and parcel map shall be required. The date of such determination shall be no less than ten days prior to the date of the proposed transfer.

D. The director of planning shall make the determination and publish notice thereof in a newspaper of general circulation in the county no less than five days prior to the proposed date of transfer. Failure of the director of planning to make and publish notice of such determination no later than five days prior to the proposed date of transfer shall be deemed a determination by the director that a tentative and parcel map is not required.

E. Notwithstanding any provision of this code, the determination of the director of planning under subsection (D) may be appealed to the board in the manner prescribed Chapter 2.88, except that the notice of appeal must be filed with the clerk of the board of supervisors and a copy served on the director of planning no later than two working days prior to the proposed date of transfer. The notice shall contain all of the information required by Section 2.88.050 and shall be accompanied by the fee prescribed by resolution of the board of the board of supervisors. The hearing of the appeal shall be scheduled, heard and decided no later than the next regular meeting of the board of supervisors, unless all of the parties to the proposed transfer consent to a later date.

F. Regardless of the nature of the determination of the director, if the proposed transfer occurs during the pendency of such an appeal, a notice of violation may be filed and recorded by the advisory agency authorized under this title to issue notices of violation of the subdivision map act. Such notice shall not be cleared unless and until a final decision on appeal affirms exemption of the transfer from the subdivision map act.

(Ord. 1194 § 7, 2002; Ord. 981 § 14, 1991: Ord. 854 § 2 (part), 1987: prior code § 11606)

A. When at least two-thirds of the owners of mobilehomes or tenants in a mobilehome park sign a petition indicating their intent to purchase the mobilehome park for purposes of converting it to tenant-owned, condominium ownership interest, and a field survey is performed, the requirement for a parcel map or a tentative and final map shall be waived, unless the director of planning determines that any of the following exists:

1. There are significant design or improvement requirements necessitated by health or safety concerns;

2. Subsequent to the recordation of the existing parcel or final map, there is an exterior boundary discrepancy that requires recordation of a new parcel or tentative and final map;

3. The existing parcel or parcels were not created by a recorded parcel or final map;

4. The conversion would result in the creation of parcels other than those resulting on a one-to-one basis from the conversion of the existing mobilehome.

B. The petition referred to in subsection (A) of this section shall read as follows:

Mobilehome Park Petition and Disclosure Statement

Signing this petition indicates your support for conversion of this mobilehome park to a condominium interest project. This disclosure statement concerns the real property situated in the county of Napa, state of California, described as _______. The total cost for conversion and purchase of the park is $_______ to $_______, excluding financing costs. The total cost to you for conversion and purchase of your ownership interest is $_______ to $_______, excluding financing costs. If two-thirds of the residents in this park sign this petition indicating their intent to purchase the mobilehome park for purposes of converting it to a condominium interest project, then the requirements for a new parcel or tentative and final subdivision map in compliance with the subdivision map act must be waived, with certain very limited exceptions. Waiving these provisions of law eliminates numerous protections which are available to you.

C. After the waiver application is deemed complete by the director, the director shall approve or deny the waiver application within sixty days. The applicants shall have the right to appeal that decision to the board of supervisors in accordance with the procedure set forth in Section 17.54.010.

(Ord. 981 § 15, 1991: prior code § 11607)