Napa County Municipal Code Ch. 17.14 Tentative Maps—filing, Processing and Approval

A. The procedures set forth in this chapter shall govern the filing, processing and approval, conditional approval, or denial of tentative maps.

B. The advisory agency identified in subsection (B) of Section 17.02.050 is authorized to approve, conditionally approve, or disapprove all tentative maps.

(Ord. 887 § 13, 1988: Ord. 854 § 2 (part), 1987: prior code § 11621)

A. A vesting tentative map shall be filed and processed in the same manner as a tentative map for that type of subdivision unless expressly provided otherwise by this title.

B. A subdivider shall be entitled to have a tentative map processed as a vested tentative map only if the subdivider files a tentative map with the words "Vesting Tentative Map" printed conspicuously on its face.

(Ord. 854 § 2 (part), 1987: prior code § 11622)

A. Applications for the approval of a tentative map shall be filed with the director of planning.

B. When an application for a land division is first received, it shall be reviewed for completeness as to form and content by the planning director and, if not complete, the planning director shall notify the applicant in writing as to what must be done to make the application complete within thirty days from the date the application was originally submitted. A redetermination as to whether the required information has been submitted and therefore the application is complete shall occur within ten working days of the date the additional information is submitted by the applicant. The applicant shall be notified of the determination.

C. Once all information required to complete the review of the tentative map is provided, the director of planning shall accept the application for the tentative map as complete.

(Ord. 981 § 18, 1991; Ord. 854 § 2 (part), 1987: prior code § 11623)

A. After an application has been deemed complete, one or more public hearings on the map shall be scheduled before the advisory agency, except for ministerial urban lot splits conforming to the provisions of Chapter 17.17, which shall not require a public hearing, and other subdivisions subject to ministerial approval by state law.

B. After closing the final public hearing, the advisory agency shall, in a manner consistent with this title, approve, approve with conditions, or disapprove the tentative map and mail a copy thereof to the subdivider and his authorized agent within ten days.

C. The advisory agency shall approve, conditionally approve, or disapprove the tentative map within fifty days after the certification of the environmental impact report, adoption of a negative declaration, or determination that the application is exempt from the requirements of the California Environmental Quality Act (Public Resources Code Section 21000 and following).

D. The decision of the advisory agency shall be final unless appealed in the manner prescribed in Section 17.14.280.

E. Amendments to approvals granted pursuant to this chapter, whether for change of project, conditions, expiration date or time limits, shall be processed in accordance with Chapter 17.26 of this title.

(Ord. 981 § 19, 1991; Ord. 854 § 2 (part), 1987: prior code § 11623.1)

(Ord. No. 1495, § 5, 9-24-2024)

A. Except as otherwise provided in subsection (B) of this section, the time limits specified in this chapter for reporting and acting on tentative maps may be extended only by the mutual consent of the subdivider and the county.

B. An unconditional waiver of the time limits specified in this chapter for reporting and acting on maps shall be required at the time of filing if the subdivision cannot be approved without prior approval of a general plan amendment or change of zone and the subdivider has applied for concurrent processing of such general plan amendment or change of zone.

C. If the director of planning is required by Section 17.12.100 to submit the tentative map to the Office of Intergovernmental Management, the time permitted for action on such map shall be extended for such period of time as is approved by the board but in no event longer than fifteen days. The director of planning is responsible for applying to the board for such an extension and giving the notice required by Section 17.12.100(B).

(Ord. 1009 § 3, 1992: Ord. 981 § 20, 1991; Ord. 854 § 2 (part), 1987: prior code § 11623.2)

A. The advisory agency, or on appeal the board, shall deny approval of a tentative map if it makes any of the following findings:

1. The proposed map is consistent with applicable general and specific plans. A proposed subdivision shall be deemed consistent with the Napa County general plan and any applicable specific plan the county has officially adopted for the area where the land is located if the proposed subdivision or related land uses are compatible with objectives, policies, general land uses and programs specified by such plan or plans;

2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans;

3. The site is physically suitable for the type of development;

4. The site is physically suitable for the proposed density of development:

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

6. The design of the subdivision or the type of improvements is not likely to cause serious public health or safety problems;

7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or the use of property within, the proposed subdivision. The advisory agency, or on appeal the board, may approve the map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and the approving officer or body shall not use this subdivision (7) to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.

B. Notwithstanding subsection (A)(5) of this section, a tentative map may be approved even though an environmental impact report was prepared with respect to the project that identified significant adverse environmental effects if a finding is made pursuant to subdivision (c) of Section 21081 of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report.

C. Pursuant to Government Code Section 66411.7, ministerial urban lot splits conforming to the requirements of Chapter 17.17 shall be approved if they conform to all applicable requirements of the Subdivision Map Act, unless the finding required by Section 17.17.040 is made by the Building Official. Other subdivisions subject to ministerial approval by state law shall be approved if they conform to all applicable requirements of state law and applicable provisions of the County Code.

(Ord. 981 § 21, 1991: Ord. 854 § 2 (part), 1987: prior code § 11624)

(Ord. No. 1495, § 6, 9-24-2024)

A. The advisory agency, or on appeal the board, shall not approve a tentative map that violates any of the provisions of this title or those provisions of the county code relating to zoning, including but not limited to requirements relating to use, area, lot width, setback, frontage, required dedications or access, unless a variance or exception has first been granted.

B. A vesting tentative map shall not be approved if inconsistent with the applicable zoning notwithstanding Section 66498.3 of the Government Code. In the event of an inconsistency, the zoning change must be processed and approved prior to or simultaneously with the tentative map and an application that fails to do so will be deemed incomplete until a request for an appropriate zoning change is filed.

C. Notwithstanding subparagraphs (A) and (B) of this section, applications for tentative maps or vesting tentative maps to divide land located within the agricultural watershed zoning district which were filed prior to December 31, 1993, shall not be in violation of the provisions of the Napa County Code relating to zoning, specifically, the requirements relating to lot size, if such application would have been allowed under the Napa County Code in effect prior to such date.

(Ord. 1058 § 4, 1994; Ord. 854 § 2 (part), 1987: prior code § 11624.2)

The advisory agency, or on appeal the board, shall not approve a tentative map which enlarges, expands or extends a nonconforming use of land, or which violates any other county ordinance, whether or not codified.

(Ord. 854 § 2 (part), 1987: prior code § 11624.3)

The advisory agency, or on appeal the board, shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in violation of existing requirements prescribed by a California regional water quality board pursuant to Section 1300 of the Water Code. In the event that the advisory agency, or on appeal the board, finds that the proposed waste discharge would result in or add to violations of requirements of such regional water quality board, the tentative map or maps of the subdivision shall be denied.

(Ord. 854 § 2 (part), 1987: prior code § 11624.4)

A. The advisory agency, or on appeal the board, shall deny approval of a tentative map if it finds that the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (hereinafter "contract"), which prohibits land divisions or, if the contract does not prohibit land divisions, that the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use. For purposes of this section, agricultural land shall be presumed to be in parcels too small to sustain their agricultural use if the land is:

1. Less than ten acres in size in the case of prime agricultural land; or

2. Less than forty acres in size in the case of land which is not prime agricultural land.

B. Notwithstanding subsection (A) of this section, and if the contract does not expressly prohibit land divisions and the proposed division meets the minimum parcel size established by the general plan and zoning, the advisory agency, or on appeal the board, may approve a subdivision with parcels smaller than those specified in subsection (A) of this section if the board makes either of the following findings:

1. The parcels can nevertheless sustain an agricultural use permitted under the contract, or are subject to a written agreement for joint management pursuant to Section 51230.1 of the Government Code, provided that the parcels which are jointly managed total at least ten acres in size in the case of prime agricultural land, or forty acres in size in the case of land which is not prime agricultural land;

2. One of the parcels contains a residence and is subject to Section 428 of the Revenue and Taxation code; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least ten years; and the remaining parcels shown on the map are at least ten acres in size if the land is prime agricultural land or at least forty acres in size if the land is not prime agricultural land.

C. If a subdivision creating a homesite parcel is approved pursuant to subsection (B)(2) of this section, no additional homesite parcels may be created on any remaining parcels under the contact for at least ten years following the creation of a homesite parcel pursuant to this section.

D. This section shall not apply to land which is subject to a contract when any of the following has occurred:

1. The local agency formation commission has approved the annexation of the land to a city and the city will not succeed to the contract;

2. Written notice of nonrenewal of the contract has been served prior to March 7, 1985;

3. Written notice of nonrenewal of the contract has been served on or after March 7, 1985, and, as a result of that notice, there are not more than three years remaining in the term of the contract;

4. The board has granted tentative approval for cancellation of the contract.

E. No subdivision shall be approved which will result in parcels being created that are partially included and partially excluded from a single contract.

(Ord. 887 § 14, 1988: Ord. 854 § 2 (part), 1987: prior code § 11624.5)

The advisory agency, or on appeal the board, shall not take action on any tentative map until considering the recommendations, if any, submitted by the state or local agencies identified in Sections 17.12.080 through 17.12.100.

(Ord. 854 § 2 (part), 1987: prior code § 11626)

The advisory agency, or on appeal the board, prior to acting on a tentative map, shall consider all land contiguous to that described on the application, whether improved or unimproved, which is owned actually, constructively, legally or equitably by the applicant or by any persons having an interest in the property described in the application.

(Ord. 854 § 2 (part), 1987: prior code § 11626.1)

The following conditions shall be imposed as a condition of approval of all tentative maps. The provisions of Sections 17.14.160 through 17.14.230 of this chapter shall not be construed as prohibiting the advisory agency from imposing additional conditions to the extent permitted by law.

(Ord. 854 § 2 (part), 1987: prior code § 11627)

The advisory agency, or on appeal the board, shall impose as a condition of every tentative map a requirement that the subdivider make available to each residential parcel in the subdivision individual household telephone service.

(Ord. 854 § 2 (part), 1987: prior code § 11627.1)

A. The advisory agency, or on appeal the board, shall impose as a condition of approval of every tentative map a requirement that the subdivider provide one or more appropriate cable television systems an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each residential parcel in the subdivision prior to the issuance of a building permit for the improvement of any parcel and prior to the completion of any off-site improvements that may be required.

B. "Appropriate cable television systems," as used in this section, means those franchised or licensed to serve the geographical area in which the subdivision is located.

C. This section shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

(Ord. 854 § 2 (part). 1987: prior code § 11627.2)

A. The advisory agency, or on appeal the board, shall impose as a condition of approval of every tentative map a requirement that the subdivider comply with all applicable provisions of this code, and construct those improvements required by this title.

B. Where the conditions of approval of a tentative map based upon this title impose higher standards than are set forth elsewhere in the county code, the requirements set forth in this title shall prevail.

(Ord. 981 § 24, 1991; Ord. 854 § 2 (part), 1987: prior code § 11627.3)

A. If recommended by the director of public works, the improvements required to be installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity, number or length for the benefit of property not within the subdivision. All such improvements shall be dedicated to the public.

B. Supplemental improvements are subject to the limitations imposed on subdivisions of four or less lots set forth in Section 17.34.050.

C. In the event oversized improvements are required, the board shall at the same time enter into a reimbursement agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements which is equal to the difference between the amount it would have cost the subdivider to install the improvements necessary to serve the proposed subdivision, and the actual cost of the oversized improvements, including an amount attributable to interest. The reimbursement agreement shall provide for payment as provided in Government Code Section 66487; provided, however, that absent extraordinary circumstances, the reimbursement shall implement Section 66487(a) by providing that the county, prior to the issuance of a building permit or other entitlement for use, shall collect from the person making the application for the building permit or other entitlement for use a previously determined portion of the cost of the oversized improvements. The allocation of costs of the oversized improvements among the various properties that will benefit from the improvement shall be made by the director of public works as a part of and included in any reimbursement agreement required by this section.

(Ord. 854 § 2 (part), 1987: prior code § 11627.6)

A. All streets shown on the tentative map, including private streets, shall be required to be offered for dedication to public use; except that private streets that are designed as interior streets of a planned residential development shall not be required to be offered for dedication if the approval of the director of planning is obtained.

B. The advisory agency, or on appeal the board, shall impose as a condition of approval of every tentative map a requirement that the subdivider provide such public access as is required by Chapter 17.28 of this title.

(Ord. 854 § 2 (part), 1987: prior code § 11627.4)

(Ord. No. 1379, § 103, 1-29-2013)

The advisory agency, or on appeal the board, shall impose as a condition of approval of every tentative map a requirement that no building permit be issued unless the plans comply with any special requirements imposed pursuant to Chapter 17.42 of this title.

(Ord. 854 § 2 (part), 1987: prior code § 11627.5)

As a condition of approving a tentative map, the advisory agency, or on appeal the board, shall require that any proposed subdivision that involves real property with demonstrated soil instability or geologic hazards, based upon the report(s) required by Chapter 17.42 of this title, shall include within the document required to be filed by Section 17.08.110 a statement containing the following language in boldface capital letters:

As of the date of recordation of the parcel/ final map referred to herein, some or all of the parcels of the subdivision are located in areas that are designated as subject to soil instability and/or geologic hazards. Copies of the reports identifying the extent of the soil instability or geologic hazards can be obtained from the Napa County Planning Department.

(Ord. 854 § 2 (part), 1987: prior code § 11627.7)

A. As a condition of approving a tentative map, the advisory agency, or on appeal the board, shall require that any proposed subdivision that involves parcels on which a water system has not and will not be installed shall include within the document required to be filed by Section 17.08.110, a statement containing the following language in boldface capital letters:

No water supply is provided for any parcel located within this subdivision as of the date of recordation of this document. Prior to the issuance of a building permit or any other permit permitting development of any lot requiring a domestic water supply, the requirements of Division I of Title 13 of the Napa County Code, Chapters 13.04 through 13.12, commencing with Section 13.04.010, must first be satisfied. Where that permit requires or is anticipated to require a groundwater supply, the requirements of Chapter 13.15 must also first be satisified.

B. As a condition of approving a tentative map, the advisory agency, or on appeal the board, shall require that any proposed subdivision that involves parcels on which a sewage system has not and will not be installed shall include within the document required to be filed by Section 17.08.110, a statement containing the following language in boldface capital letters:

No sewage system is provided for any parcel located within this subdivision as of the date of recordation of this document. Prior to the issuance of a building permit or any other permit permitting development of any lot requiring a sewage system, the requirements of Division II of Title 13 of the Napa County Code, Chapters 13.16 through 13.56, commencing with Section 13.16.010, must first be satisfied.

C. If a water supply or sewage disposal system will be available on some but not all of the lots proposed to be created by the subdivision, the language required by subsections (A) and (B) shall be adjusted to so reflect that fact.

(Ord. 1162 § 6, 1999; Ord. 854 § 2 (part), 1987: prior code § 11627.8)

A. Prior to approving a tentative map filed for the purpose of converting a mobilehome park to another use, the advisory agency, or on appeal the board, shall be required to do one more of the following:

1. Take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park by zoning for additional replacement housing; or

2. Find that there already exists land zoned for replacement housing or adequate space in other mobilehome parks for those residents who will be displaced; or

3. Require the subdivider to take steps to mitigate any significant adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park; or

4. Make a finding, based upon substantial evidence, that mitigation pursuant to subsections (A)(1) to (A)(3) of this section is not feasible. As used herein, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

B. Subsection (A) of this section shall not be construed as permitting any conversion that does not conform to the requirements set forth in this title, including but not limited to Chapter 17.34, unless an exception or variance is granted in the manner authorized by this title or Title 18 of the Napa County Code.

(Ord. 854 § 2 (part), 1987: prior code § 11628)

A. Except as otherwise provided in subsection (B), (C) or (D) of this section, in determining whether to approve or disapprove an application for a tentative map, only those ordinances, policies and standards in effect on the date the director of planning has determined that the application is complete pursuant to Section 65943 of the Government Code shall be applicable.

B. Subsection (A) of this section shall not apply if, before the director of planning has determined a tentative map to be complete pursuant to Section 65943, the county has done both of the following:

1. Initiated proceedings by way of ordinance, resolution or motion;

2. Published notice in the manner prescribed in subdivision (a) of Section 65090 of the Government Code containing a description sufficient to notify the public of the nature of the proposed change in the applicable general or specific plans, or zoning or subdivision ordinances.

C. If compliance with subsection (B) of this section has occurred, any ordinances, policies or standards enacted or instituted as a result of those proceedings which are in effect on the date the advisory agency approves or disapproves the tentative map shall be applicable in determining whether the map should be approved or disapproved.

D. If the subdivision applicant requests changes in applicable ordinances, policies or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant's request shall apply.

(Ord. 915 § 1, 1989: Ord. 854 § 2 (part), 1987: prior code § 11629)

When a parcel proposed to be subdivided is adjacent to agricultural land, as that term is defined by Section 2.94.010 of this code, the approval of the tentative map shall be conditioned so as to require that a statement containing substantially the language set forth in Section 2.94.030 of this code be included on the document required to be filed by Section 17.08.110, and in each deed conveying for the first time any parcel created by the subdivision.

(Ord. 973 § 6, 1990: Ord. 887 § 15, 1988: Ord. 854 § 2 (part), 1987: prior code § 11630)

When a parcel proposed to be created by subdivision pursuant to this title, lies within the airport planning area (as defined and described in Section 18.80.020 of the Napa County Code) for any public airport (as defined in California Public Utilities Code Section 21675), the final map required pursuant to Section 17.08.110 shall include a statement containing the following language:

This property is in the area subject to overflights by aircraft using [NAPA COUNTY AIRPORT or PARRETT FIELD], and as a result, residents may experience inconvenience, annoyance or discomfort arising from the noise of such operations. State law (Public Utilities Code Section 21670 et seq.) establishes the importance of public use airports to protection of the public interest of the people of the State of California Residents of property near a public use airport should therefore be prepared to accept such inconvenience, annoyance or discomfort from normal aircraft operations and may be required by county ordinance to convey an avigation easement as a condition of issuance of a building permit.

(Ord. 1194 § 8, 2002: Ord. 1014 § 3, 1992: prior code § 11630.1)

A. If no action is taken upon a tentative map by the advisory agency within the time limits specified in this title, or any authorized extension thereof, the tentative map as filed shall be deemed to be approved and it shall be the duty of the clerk of the board to certify or state his or her approval.

B. Such automatic approval shall occur only if the tentative map:

1. Complies with all applicable requirements of the Map Act;

2. Complies with all of the applicable provisions of the Napa County Code;

3. Complies with all of the provisions of this title, including but not limited to the improvement requirements of Chapter 17.34 of this title and the conditions of approval set forth in Sections 17.14.160 through 17.14.230 of this chapter.

(Ord. 887 § 16, 1988: Ord. 854 § 2 (part), 1987: prior code § 11631)

The subdivider, the director of planning, any tenant of the subject property in the case of a residential conversion project, or any interested person adversely affected by the decision of an advisory agency regarding a tentative map for which a parcel or final map is required, may appeal such decision in the manner set forth in Chapter 17.54 of this title.

(Ord. 1009 § 4, 1992: Ord. 854 § 2 (part), 1987: prior code § 11632)

(Ord. No. 1379, § 104, 1-29-2013)

If the board fails to act upon an appeal within the time limits specified in this chapter, the tentative map, if it complies with all applicable requirements of this title, the Napa County Code and the Map Act, shall be deemed to be approved or disapproved as per the last previous action taken, and it shall be the duty of the clerk of the board to certify or state his or her approval.

(Ord. 887 § 17, 1988: Ord. 854 § 2 (part), 1987: prior code § 11632.1)