Napa County Municipal Code Ch. 17.20 Final Maps

The procedure for processing and approving or disapproving final maps and modifications thereof shall be as provided in this chapter.

(Ord. 854 § 2 (part), 1987: prior code § 11638)

A. After the approval or conditional approval of a tentative map, and prior to the expiration of such map, the subdivider may cause the real property included within the map, or any part thereof to be surveyed and a final map thereof prepared conforming to the approved or conditionally approved tentative map.

B. Six copies of the final map are required, of which one shall be the original tracing or an acceptable reproducible copy thereof.

(Ord. 854 § 2 (part), 1987: prior code § 11638.1)

A. The following may be submitted to the director of planning for checking if a preliminary approval of a final subdivision map is desired:

1. A copy of draft conditions, covenants and restrictions that are proposed to be recorded with the final map, if any;

2. Request for waivers of any signatures that otherwise would be required if such waiver is authorized by this title or the Map Act;

3. All improvement drawings, including but not limited to proposed street, drainage, water distribution system and sewage collection systems, if any, prepared by a registered civil engineer. Each system shall comply with all applicable state and county standards;

4. Traverse sheets of the boundary of the subdivision and the lots therein;

5. Because other agencies may have jurisdiction over the subdivision, evidence shall be submitted showing that copies of the above have been submitted to these agencies. Such agencies include, but are not limited to fire protection districts, water districts, and sewer districts.

B. Delivery of the material identified in subsection (A) of this section shall not be considered delivery of the required final map for purposes of subsection (A) of Section or 17.18.010 or 17.20.080.

C. The director of planning shall, if possible within twenty working days from the time the material referenced in subsection (A) is submitted to him by the subdivider, issue a tentative approval of the material presented, or return it to the subdivider with instructions as to why it cannot be approved.

(Ord. 854 § 2 (part), 1987: prior code § 11638.2)

(Ord. No. 1379, § 106, 1-29-2013)

The final map of a subdivision shall not be considered delivered to the director of planning for purposes of subsection (A) of Section 17.18.010 nor forwarded to the board of supervisors unless and until it meets the requirements of Sections 17.08.090, 17.08.100, and 17.08.110 and, in addition, all of the following are submitted to and approved by the director of planning:

A. A report prepared by a duly authorized title company naming the persons whose consent is necessary as a precondition to the preparation and recordation of the map and to the dedication of streets, alleys and other public places shown on the map, and certifying that as of the date of the preparation of the report, the persons therein named are all the persons necessary to give clear title to the subdivision;

B. A copy of the approved conditions, covenants and restrictions that are to be recorded with the final map, if any;

C. Requests for waiver of any signatures that otherwise would be required, if such waiver is authorized by this title or the Map Act;

D. All approved improvement drawings, including but not limited to proposed street, drainage, water distribution system and sewage collection systems, if any, signed by a registered civil engineer. Each system shall comply with all applicable state and county standards;

E. If fire protection requirements were imposed at the tentative map stage, the signature of the official representing the agency providing fire protection to the property to be subdivided must be included on the water plans;

F. Letters from the health officer and all affected public utility companies that all water supply, sewage disposal and public utility requirements have been satisfied;

G. A tax certificate or statement identifying taxes and assessments against the property which are a lien but which are not yet payable. A tax bond or cash deposit acceptable to the county shall be submitted at least three days prior to the date the final map is to be approved or denied by the board of supervisors. The failure to do so will result in the final map being automatically rejected by the board.

(Ord. 887 § 19, 1988: Ord. 854 § 2 (part), 1987: prior code § 11638.3)

(Ord. No. 1379, § 107, 1-29-2013)

Editor's note— Ord. No. 1379, § 107, adopted Jan. 29, 2013, amended § 17.20.040 title to read as herein set out. Former § 17.20.040 title pertained to information required—public works approval.

A. Multiple final maps (hereinafter "unit maps") relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if:

1. The subdivider, at the time the tentative map was filed, included on the application a notice that multiple final maps would be filed; or

2. After the filing of a tentative map which did not include a request that multiple final maps be permitted to be filed, the planning director and the subdivider concur in the filing of multiple final maps; and

3. The number of phased final maps to be filed is included as a condition of the tentative map approval.

B. In providing such notice the subdivider shall not be required to define the number or configuration of the proposed multiple final maps.

C. The filing of a final map on a portion of an approved or conditionally approved tentative map shall not invalidate any part of such tentative map.

D. No unit map shall be approved unless it is complete and in compliance with all of the provisions of this title and with all conditions of approval of the tentative subdivision map, including but not limited to fire protection, flood control, traffic circulation, access and environmental considerations.

E. Each unit map shall be identified by the approved tentative map number, with a dash number designating the unit. The unit number shall be obtained from the director of planning. Units shall be recorded in the order indicated by the unit numbers. The last unit within a tentative map to be recorded will not bear a unit number but shall contain the phrase "final unit."

F. The director of planning, after consultation with the various other county departments, or on appeal the board, may impose reasonable additional conditions relating to the filing of multiple final maps.

(Ord. 1083 § 4, 1995: Ord. 854 § 2 (part), 1987: prior code § 11638.4)

(Ord. No. 1379, § 108, 1-29-2013)

Prior to filing a final map with the clerk of the board, the subdivider shall file with the recorder a certificate or statement from the treasurer containing the information required by Section 66492 of the Government Code. This requirement is waived if the certificate or statement of the treasurer is placed on the final map and a certificate or statement from the treasurer is filed with the clerk of the board.

(Ord. 887 § 20, 1988: Ord. 854 § 2 (part), 1987: prior code § 11638.6)

A. The county surveyor shall, within twenty working days from the time the final map is submitted to him by the subdivider, approve the form of the final map and complete and file with the clerk of the board his or her certificate or statement, or return the final map to the subdivider with instructions as to why the map is deficient.

B. If the final map is rejected and the deficiencies are not corrected and returned to the county surveyor within sixty days of the date the subdivider was notified of the deficiencies, the final map shall not be deemed timely filed and upon resubmittal a determination regarding whether or not the final map was filed prior to the expiration of the life of the tentative map shall be made without regard to any previous filing. This sixty-day period may be extended for an additional four months by the county surveyor in the event extraordinary circumstances justify such an extension.

C. If the final map is found to be in correct form, the county surveyor shall file the map with the clerk of the board with the certification or statement required by subsection (D) of Section 17.08.100.

D. The twentieth working day following the date a final map is submitted to the county surveyor, or the date the county surveyor actually approves the map, whichever is earlier, shall be the date the clerk of the board is deemed to receive the final map.

E. The certificate or statement required by this section, in addition to all other requirements shall identify the date of approval of the tentative map and the date of expiration of such map.

F. The meeting at which the board receives the map shall be the first regularly scheduled meeting following the date on which the clerk of the board is deemed to receive the final map.

(Ord. 887 § 21, 1988: Ord. 854 § 2 (part), 1987: prior code § 11638.7)

The board shall not approve a final map for any land project unless a specific plan has been adopted covering the area proposed to be included within the land project and the board finds that the proposed land project, together with the provisions for its design and improvement, is consistent with the specific plan for the area.

(Ord. 1083 § 5, 1995: Ord. 854 § 2 (part), 1987: prior code § 11638.8)

If the subdivision lies entirely within unincorporated territory, the final map shall be filed with the county surveyor; and if partially within a city and unincorporated territory, the final map shall be filed with both the city engineer and the county surveyor, and each shall act thereon.

(Ord. 854 § 2 (part), 1987: prior code § 11638.9)

If, at the time of approval of the final map by the board, any required public improvements have not been completed in accordance with the standards established by the county, pursuant to an ordinance which was applicable at the time of the approval or conditional approval of the tentative map, and subsequently accepted, the board, as a condition precedent to the approval of the final map, shall require the subdivider to enter into an agreement with the county to thereafter complete such improvements at the subdivider's expense, in the manner provided by Chapter 17.38 of this title.

(Ord. 854 § 2 (part), 1987: prior code § 11638.12)

A. Consideration of a final map shall not be postponed, nor shall approval of a final map be disapproved because the subdivider has failed to meet a tentative map condition which requires the subdivider to construct or install off-site improvements on land in which neither the subdivider nor the county has sufficient title or interest, including an easement or license, at the time the tentative or final map is filed with the local agency, to permit the improvements to be made.

B. In the case of the approval of a tentative map which requires the subdivider to complete off-site improvements on land not belonging to the subdivider, the county shall, within one hundred twenty days of the filing of the final map with the board, take the action identified in Section 66462.5 of the Government Code. In the event the county fails to act within such one-hundred-twenty-day period, the condition for construction of the required off-site improvements shall be conclusively deemed to be waived.

C. Prior to approval of the final map, the board may require the subdivider to enter into an agreement to complete the improvements at such time as the county acquires an interest in the land which will permit the improvements to be made and pay the cost of acquiring the off-site real property interests which have been required in connection with the subdivision.

D. "Off-site improvements," as used in this section, does not include improvements which are necessary to assure replacement or construction of housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.

(Ord. 854 § 2 (part), 1987: prior code § 11638.10)

A. The board shall, at the meeting at which it receives the map, or at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of this title, the Map Act, and the tentative map approval, or, if it does not so conform, disapprove the map; providing, however, that any disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.

B. A final map of a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall not be approved until the board makes all of the findings set forth at Section 66427.1 of the Government Code.

C. Notwithstanding subsection (A) of this section, the board shall not deny approval of a final subdivision map if a tentative map for the proposed subdivision was previously approved, and if the final map, as presented, is in substantial compliance with the previously approved tentative map.

(Ord. 854 § 2 (part), 1987: prior code § 11638.11)

If the board does not approve or disapprove the final map within the prescribed time, or any authorized extension thereof, and the map conforms to the tentative map, meets all conditions of the tentative map, and conforms to any other laws or regulations which are applicable, it shall be deemed approved, and the clerk of the board shall certify or state its approval thereon.

(Ord. 887 § 22, 1988: Ord. 854 § 2 (part), 1987: prior code § 11638.13)