Napa County Municipal Code Ch. 17.30 Public Access to Public Resources

A. The advisory agency, or on appeal the board of supervisors, shall not approve a tentative map for which a final map is required, or the final map of any proposed subdivision, to be fronted upon a public waterway, river or stream which does not provide or have available reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision.

B. Reasonable public access shall be determined by applying the criteria set forth at Government Code Section 66478.4.

(Ord. 854 § 2 (part), 1987: prior code § 11656)

A. The advisory agency, or on appeal the board of supervisors, shall not approve a tentative map for which a final map is required, or the final map of any proposed subdivision to be fronted upon a public waterway, river or stream, which does not provide for a dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision.

B. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety. The reasonableness and extent of the easement shall be determined by the advisory agency, or on appeal by the board. In making the determination for reasonably defining the extent, width and character of the public easement, the criteria set forth at Government Code Section 66478.5(b) shall be considered.

(Ord. 854 § 2 (part), 1987: prior code § 11656.1)

Any public access routes and any easement along the bank of a public waterway, river or stream provided by the subdivider shall be expressly designated on the tentative and final map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.

(Ord. 854 § 2 (part), 1987: prior code § 11657)

A. Nothing in Sections 17.30.010, 17.30.020 or 17.30.030 shall require the advisory agency, or on appeal the board of supervisors, to disapprove any tentative or final map solely on the basis that the reasonable public access otherwise required by this chapter is not provided through or across the subdivision itself, if the advisory agency, or on appeal the board, makes a finding that such reasonable public access is otherwise available within a reasonable distance from the subdivision. Any such finding shall be set forth on the face of the tentative, final or parcel map.

B. Nothing in Section 17.30.020 shall apply to the siting of electric power generating facilities.

C. Nothing in Sections 17.30.010 through 17.30.040 shall apply to industrial subdivisions.

(Ord. 854 § 2 (part), 1987: prior code § 11658)

A. The advisory agency, or the board of supervisors on appeal, shall not approve the tentative map of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency, including the state, which subdivision does not provide or have available reasonable access by fee or easement from public highways to any water of the lake or reservoir upon which the subdivision borders, either within the subdivision or a reasonable distance from the subdivision. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative and final map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.

B. Reasonable access, as used in subsection (A) of this section, shall be determined by the advisory agency or, on appeal, the board of supervisors.

C. In making the determination of what shall be reasonable access, the advisory agency or the board shall consider the criteria set forth at Government Code Section 66478.12(c).

D. Nothing in this section shall require the advisory agency, or on appeal the board, to disapprove a tentative or final map solely on the basis that the reasonable access otherwise required by this section is not provided through or across the subdivision itself, if it is found that such reasonable access is otherwise available within a reasonable distance from the subdivision. Any such finding shall be set forth on the face of the tentative or final map.

(Ord. 854 § 2 (part), 1987: prior code § 11659)

A. The advisory agency, or on appeal the board, shall not issue any permit or grant any approval necessary to develop any real property which is excluded from regulation under this chapter because it is a subdivision for which a final map is not required pursuant to subsection (A)(3) of Section 17.06.040 because such property is in excess of forty acres, when such property fronts on the shoreline, unless it finds that reasonable public access has been provided from public highways to land below the ordinary highwater mark or any water, lake or reservoir upon which the property fronts.

B. "Reasonable public access," as used in this section, shall be determined by the advisory agency, or on appeal the board. In making such determination, the county shall use the same criteria as those set forth in paragraph (c) of Government Code Section 66478.2.

(Ord. 854 § 2 (part), 1987: prior code § 11660)

Nothing in this chapter shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of the subdivision area or non-owners of the real property in question.

(Ord. 854 § 2 (part), 1987: prior code § 11661)