Napa County Municipal Code Ch. 17.12 Notice for Hearings and Other Proceedings

A. Except as otherwise provided, notice of all hearings, actions and proceedings taken pursuant to this title shall be in accordance with the requirements of this chapter.

B. Nothing herein shall be construed as requiring re-noticing if a matter was continued during a duly noticed public hearing.

(Ord. 854 § 2 (part), 1987: prior code § 11620)

A. The advisory agency shall hold a public hearing on each application for approval of a tentative map for which a final or parcel map is required. Notice of the hearing shall be given by all of the following methods:

1. Notice shall be published once, at least ten days prior to the hearing, in a newspaper of general circulation in the county; and

2. Notice of the hearing shall be mailed or delivered at least ten days prior to the hearing to all of the following:

a. The owner of the property to be divided or the duly authorized agent of the owner, and

b. The person who filed the application, if different from the owner, and

c. 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, and

d. All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector, to the extent they contain more recent information, may be utilized. In lieu of this mailing, notice may be given in the manner set forth in Section 65091 (a)(3) of the Government Code if the number of persons to whom notice would need to be sent pursuant to this subparagraph or subparagraphs (2)(a) or (2)(b) is greater than one thousand;

3. Notice shall also be given to those persons or entities identified in Sections 17.12.030 through 17.12.110 of this chapter, if required;

4. The notice of the hearing shall include the date, time and place of the public hearing, the identity of the hearing body or officer that will hear the matter, 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 that is the subject of the hearing. The notice shall also state that any person may appear at such hearing and be heard;

5. Failure to receive notice of a hearing shall not invalidate any action taken by the advisory agency or, on appeal, the board.

B. The advisory agency shall hold a public hearing on each application requesting the extension of the life of a tentative map for which a final or parcel map is required. Notice of the hearing shall be given in the manner set forth in subsection (A) of this section.

(Ord. 887 § 13, 1988: Ord. 854 § 2 (part), 1987: prior code § 11620.1)

A. Any report or recommendation on a tentative map, or a tentative map extension, by any county department which is submitted to an advisory agency or the board shall be in writing, and a copy thereof served on the subdivider at least three days prior to any hearing or action on such map by the advisory agency or on appeal the board.

B. The report or recommendation referred to in subsection (A) shall also be sent to each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any hearing or action on such map by such advisory agency or the board.

(Ord. 854 § 2 (part), 1987: prior code § 11620.7)

Within ten days of receiving an application filed pursuant to subsection (D) of Section 17.18.010, the director of planning shall send notice of the filing to all persons who have appeared in the lawsuit referenced in the application. Notice shall also be given within such ten-day period as provided in Section 17.12.010.

(Ord. 854 § 2 (part), 1987: prior code § 11620.3)

(Ord. No. 1379, § 102, 1-29-2013)

In addition to any other notice that may be required by this chapter, for projects involving the conversion of residential real property to a condominium project, community apartment project or stock cooperative project, notice shall be given by first class mail to each tenant of the subject property at least ten days in advance of the public hearing. Such notice shall include notification to each tenant of his or her right to appear and be heard.

(Ord. 854 § 2 (part), 1987: prior code § 11620.5)

In addition to any other notice that may be required by this chapter, a subdivider who has filed an application for approval of a subdivision to be created from the conversion of a mobilehome park to another use shall mail a copy of the report required by Section 17.08.070 to each resident of the mobilehome park at least fifteen days prior to the hearing on the map by the advisory agency.

(Ord. 854 § 2 (part), 1987: prior code § 11620.6)

A. Within ten days of the filing of a tentative map, the director of planning shall send notice of the filing of the tentative map to the governing board of any school district within the boundaries of which the subdivision is proposed to be located. Such notice shall also contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected school district.

B. The notice shall notify any such school board that any report it may wish to file must identify specifically the impact of the proposed subdivision on the school district, and must be returned to the planning department within twenty working days of the date on which the notice was mailed to the school district for comment. The notice shall also indicate that in the event the school district fails to respond within the twenty-day period, the failure to respond shall be deemed approval of the proposed subdivision by the school district.

(Ord. 854 § 2 (part), 1987: prior code § 11620.8)

A. A city or adjoining county may make recommendations concerning proposed subdivisions in any adjoining unincorporated territory of the county provided such subdivisions are within three miles of the exterior boundary of the city or adjoining county. A city or adjoining county which desires to make recommendations concerning such proposed subdivisions shall file with the director of planning a map indicating the territory in which it desires to make such recommendations.

B. Upon receiving such territorial map from a city or adjoining county, the director of planning shall issue a receipt therefor and shall thereafter transmit to the official designated by such city or adjoining county one copy of each tentative map of subdivisions located wholly or partially within the territory outlined on the territorial map. Such transmission shall be made within five days after the receipt of the tentative map.

C. Any city or adjoining county receiving such tentative map shall make its recommendation to the director of planning within fifteen days after receipt of such tentative map.

(Ord. 854 § 2 (part), 1987: prior code § 11620.9)

A. The State Department of Transportation may file with the director of planning a map or an amended map of any territory within one mile on either or both sides of any state highway routing in which territory it believes a subdivision would have an effect upon an existing state highway or a future state highway, the route of which has been adopted by the California Transportation Commission.

B. The director of planning shall issue a receipt for the territorial map and thereafter shall transmit to the appropriate district office of the Department of Transportation, within three days after the receipt thereof, one copy of each tentative map of any subdivision located wholly or partly within the territory outlined on the territorial map.

C. The Department of Transportation, upon receiving a copy of the map, may, within fifteen days after receipt thereof, make recommendations to the director of planning regarding the effect of the proposed subdivision upon such highway or highway route.

(Ord. 854 § 2 (part), 1987: prior code § 11620.10)

A. Upon the filing of a tentative map as provided in subsection (A) of Section 17.14.030, the map may be submitted to the Office of Intergovernmental Management by the director of planning pursuant to Section 12037 of the Government Code for an evaluation of the environmental impact of the proposed subdivision. If the subdivision is a land project, such submission shall be required prior to approval of the tentative map.

B. Requests to extend the time within which a tentative map must be acted upon due to a mandatory requirement that the map be submitted to the Office of Intergovernmental Management for an evaluation of the environmental impact of the proposed subdivision shall be served on the subdivider not less than three days prior to such a request being heard by the board. No other notice need be given.

(Ord. 854 § 2 (part), 1987: prior code § 11620.11)

A. Notice of any appeal shall be given as provided in Section 17.12.010.

B. Notice of any appeal authorized by Section 17.54.010 shall be sent by United States mail to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to any such hearing. The notice requirement of this subsection shall be deemed satisfied if the notice complies with the legal requirements for service by mail.

(Ord. 854 § 2 (part), 1987: prior code § 11620.4)

The advisory agency shall hold a public hearing on each application for a reversion to acreage and notice thereof shall be given as provided in Section 17.12.020.

(Ord. 854 § 2 (part), 1987: prior code § 11620.2)