This title is adopted to supplement and implement the State
Subdivision Map Act and may be cited as the subdivision ordinance
of the city. The provisions of this title which are mandated by the
State Subdivision Map Act are subject to change without notice or
action by the city in the event the State Legislature amends such
Act. This title will be periodically updated to reflect such changes.
(O4060)
It is the purpose of this title to regulate and control the
division of land within the city and to supplement the provisions
of the State Subdivision Map Act concerning the design, improvement
and survey data of subdivisions, the form and content of all maps
provided for by the State Subdivision Map Act and the procedure to
be followed in securing the official approval of the city regarding
such maps. To accomplish this purpose, the regulations outlined in
this title are determined to be those reasonably necessary for the
preservation of the public health, safety and general welfare, to
promote orderly growth and development and to promote open space,
conservation, protection and proper use of land, and to insure provision
for adequate traffic circulation, utilities and services.
(O4060)
No land shall be subdivided and developed for any purpose which
is not in conformity with the General Plan and any applicable specific
plan of the city and authorized by and in accordance with the zoning
and other ordinances of the city.
(O4060)
The regulations set forth in this title shall apply to all subdivisions
or parts thereof for the city and to the preparation of subdivision
maps thereof and to all other maps provided for by the State Subdivision
Map Act or this title.
(O4060)
The city Planning Commission, hereinafter referred to as the
Planning Commission, is designated as the advisory agency, as that
term is used in the State Subdivision Map Act, for subdivisions, and
shall have all the powers and duties with respect to subdivision maps
and the procedures relating thereto which are specified by law and/or
by this title.
(O4060)
A map application shall be accepted and processed only if the
proposed subdivision is located within the incorporated area of the
city.
(O4060)
No final map or parcel map required by this title shall be filed
with the city without the written consent of all parties having any
record title interest in the real property proposed to be subdivided.
(O4060)
A.
The
Council may waive or modify any improvements or standards set forth
in this title upon reasonable findings:
1.
That
the waiver or modification will improve the overall subdivision design;
or
2.
That
there are special circumstances or conditions affecting the subject
property; or
3.
That
the property is to be devoted to such use that it is impossible or
impracticable in the particular case for the subdivider to comply
fully.
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In approving waivers, the Council shall not create lots which
are in conflict with the zoning ordinance.
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B.
With respect to subdivisions which do not require a final map, the authority to waive or modify set forth in subsection A above may be exercised by the Planning Commission with the exception that the Planning Commission may not waive or modify any improvements or standards set forth in any City of Napa Standard Specifications and Standard Plans.
C.
In
approving such waivers or modifications, the city shall secure substantially
the objectives of the improvements or standards to which the waivers
or modifications are granted as to light, air and the public health,
safety, convenience, and general welfare.
(O4060; O2006-10)
A.
Subdivisions
are projects subject to environmental review in accordance with the
California Environmental Quality Act, state guidelines, this code
and the implementing rules and procedures adopted by the Council.
(O4060; O2003 13; O2004 15)
All subdivisions shall be subject to the provisions of Chapter 15.92 of this code with regard to processing fees.
(O4060)
Whenever a public hearing is required by this title, notice
of such public hearing shall be given by the city pursuant to Government
Code Sections 66451.3 and 66451.4. In addition the Community Development
Director shall provide individual mailed notice to owners of property
as shown on the last equalized assessment roll within 500 feet of
the property to be subdivided. The Community Development Director
may give such additional notice as he or she deems advisable.
(O4060; O2006-10; O2013-6, 9/17/13)
Except as may be limited by state law, any time limits specified
by law, may be extended by mutual consent of the subdivider and the
city.
(O4060)
The Assistant City Manager for Development Services, or designee,
shall have such duties as assigned by this code, including those as
may be required to fulfill the purposes of Titles 12, 16 and 17 of
this code. To the extent there are references in this code to the
authority of a Project Evaluation and Review Committee (PERC), the
Assistant City Manager for Development Services is authorized to individually
take action in the place of the PERC, and the authority of the PERC
is superseded by the authority of the Assistant City Manager for Development
Services.
(O2008 8)
A.
Whenever
a tentative map application is denied, no new application for the
same or a substantially similar project may be filed for a period
of one year from the date of the denial, unless the denial is made
without prejudice (a declaration that no rights or privileges of the
applicant are considered waived or lost with respect to the submittal
or re-submittal of his or her application). Where an application has
been denied without prejudice, an application for the same or substantially
similar project may be filed within one year from the date of the
denial. Any such subsequent application shall be considered a new
application and be processed accordingly.
B.
Where
a project has been denied without a non-prejudice finding and an application
for a discretionary permit on the same property is received within
one year from the date of denial, the Community Development Director
shall make the threshold decision whether the project is substantially
similar to the rejected project and, therefore, cannot be filed for
processing. The Community Development Director shall provide the applicant,
each member of the decision-making body and any person who has submitted
a written request for notice a copy of the director's proposed decision.
Unless an appeal is filed, the proposed decision shall become final
15 days after notice is given by mail or by placing a copy of the
notice in the decision maker's office mail box. Upon request of any
member of the decision-making body voting with the majority, the matter
shall be placed on the agenda for a decision whether the project is
substantially similar.
(O94-009; O2006-10)
An application may only be withdrawn by the applicant prior
to opening of the public hearing or thereafter with the consent of
the decision maker. A request to withdraw an application must be submitted
by the applicant in writing. Withdrawal of an application shall terminate
all further action on the application. Where an application has been
withdrawn, an application for the same or substantially similar project
may be filed within one year from the date of denial. Any such subsequent
application shall be considered a new application and be processed
accordingly.
(O94-009)
All details, plans, drawings, specifications and other information
of any kind pertaining to a proposed project provided by an applicant
in connection with any application for any approval of a tentative
parcel or subdivision map or other approval and any and all representations,
whether written or oral, made by the applicant, either to staff or
to any city decision maker, in an application and/or during any part
of the course of the process by which the applicant applies for and
obtains an approval of a tentative parcel or subdivision map or other
approval under this section, shall automatically be deemed a part
and component of such project and a condition of such entitlement
by operation of law, if such entitlement is approved or granted.
(O98-012)
