Chapter 18.10 — ZONING ADMINISTRATOR

Pursuant to Section 65901 of the California Government Code, the powers and duties of the zoning administrator shall be as follows:

A.

To approve such matters as are set forth in Section 18.10.020;

B.

To make such environmental determinations pursuant to the provisions of the California Environmental Quality Act and regulations promulgated thereto as are necessary prior to consideration and approval of any of the matters set forth in Section 18.10.020 including, but not limited to, adoption of negative declarations, preparation of notices of determination and certification of environmental impact reports;

C.

To hear and determine all ancillary matters relating to the matters set forth in Section 18.10.020 including, without limitation, the making of determinations and findings, imposition of conditions, and approval of development plans, application and related forms, and extensions of time;

D.

To issue only those approvals and entitlements otherwise within the scope of his authority which are consistent with all applicable provisions of the Napa County general plan and this code;

E.

To provide such public notice as may be required by state law prior to hearing and/or approval of any of the matters set forth in Section 18.10.020, and to provide any additional notice as is deemed appropriate in the discretion of the zoning administrator;

F.

To adopt and publish such rules and procedures as are necessary or convenient for the conduct of the business of the zoning administrator, so long as such rules and procedures are consistent with this chapter and applicable federal, state or local law;

G.

To report all matters considered and decisions made on a monthly basis to the planning commission;

H.

To do all things and exercise such authority necessarily implied by the duties and powers specifically set forth in this chapter or required for compliance with any provision of federal, state or local law.

• (Ord. 1186 § 7, 2001; Ord. 944 § 2 (part), 1990: prior code § 12090)

• (Ord. No. 1379, § 150, 1-29-2013)

The zoning administrator shall hear and decide all applications for the following unless, in the zoning administrator's sole discretion, the zoning administrator determines that the matter (1) is of a size, importance, or unique nature such that it is judged not to be a routine matter; (2) involves potentially significant environmental impacts; or (3) is such that the public interest would be furthered by having a particular application heard and decided by the planning commission:

A.

Permits and modifications thereof for the following:

1.

Farmworker housing as defined by Section 18.08.294 of this code;

2.

Cottage food operations;

3.

Kennels and veterinary facilities;

4.

(Reserved);

5.

Following a public hearing noticed in accordance with Section 18.136.040, use permits for Micro-wineries as defined by Section 18.08.377 of this code;

6.

Undergrounding of gas, electric, telephone, or cable television lines;

7.

Noncommercial wind energy and conversion systems;

8.

Child day care centers;

Residential care facilities (medium) and (large);

10.

Following a public hearing noticed in accordance with Section 18.136.040, use permits for small wineries as defined by Section 18.08.600 of this code that were issued a certificate of exemption prior to February 22, 1990, recognizing the extent of existing legal entitlements or allowing the following uses provided the application meets all of the following qualifications:

a.

Has an annual maximum of twenty thousand gallons or less of wine production;

b.

Generates no more than forty Average Daily Trips (ADT) (twenty round trips) by tasting room visitors, all winery employees including seasonal employees, and deliveries to the winery. The use permit will not trigger application of the Napa County Road and Street Standards unless the total ADT from all uses exceeds forty ADT or the inspection authority determines that improvements are required to comply with the State Fire Code, State Responsibility Area Regulations, or adopted left-turn warrants required for all projects;

c.

Has a maximum of ten thousand square feet of occupied space, including buildings, caves, and cut and cover caves, but excluding unenclosed space, such as covered crush pads;

d.

Conducts a maximum of eleven marketing events per year. Ten such events may allow attendees up to a total amount of vehicle trips that does not exceed twenty-four ADT (twelve daily round trips) and one such event may allow attendees up to a total amount of vehicle trips that does not exceed forty ADT (twenty daily round trips). The ADT for all winery uses, including deliveries, tours and tastings, and employees, on days when a marketing event occurs shall not exceed forty ADT; and

e.

Following approval of a use permit under this subsection, no subsequent application for an increase in production of wine, tasting room visitation, or marketing events shall be considered within two years after approval;

11.

(Reserved);

12.

(Reserved);

13.

Modifications of use permits under subsection (E) of Section 18.124.130;

14.

Farmworker centers as defined by Section 18.08.293 of this code;

(Reserved);

(Reserved);

B.

(Reserved);

C.

Merger of substandard parcels, but only if the parcels meet the requirements set forth in Section 17.48.040;

D.

(Reserved);

E.

Summary revisions to acreage, but only after making the findings required by Section 17.50.070;

F.

(Reserved);

G.

Licenses for Category 3 temporary events as defined in Section 5.36.015 if a hearing is requested, and Category 4 temporary events as defined in Section 5.36.015 if not referred to the board;

H.

Certificates of present extent of legal nonconformity, in accordance with the procedure set forth in Section 18.132.050;

I.

Minor amendments of tentative, parcel and final maps in accordance with the procedure set forth in Sections 17.26.030 through 17.26.050 and Section 17.26.060 for modifications to or elimination of slope easements, and for this purpose the zoning administrator shall be deemed an "advisory agency" as defined in Chapter 17.02;

J.

Variances, pursuant to Chapter 18.128 of this code (commencing with Section 18.128.010) and excepting therefrom any variances from the terms of the Conservation Regulations as set forth in Chapter 18.108;

K.

(Reserved);

L.

Applications for extensions of the life of a tentative map;

M.

Minor modifications to use permits as described in Section 18.124.130 (B) and modifications to winery use permits as described in Section 18.124.130(C)(1) through (7) of Section 18.124.130, after making the findings required by Section 18.124.130;

N.

Variances from the standards for mobile home parks in accordance with Section 15.40.310, or any successor amendment thereof;

O.

(Reserved); and

P.

Applications for exceptions to the county's adopted road and street standards in connection with all permits and modifications listed in subsection A through O above, a building permit clearance for a single-family residence or other ministerial permit clearance.

(Ord. 1284 § 1, 2006: Ord. 1268 § 3, 2005: Ord. 1234 § 1, 2004: Ord. 1206 § 24, 2002: Ord. 1186 §§ 8, 9, 2001; Ord. 1107 § 3, 1996; Ord. 1104 §§ 12—15, 1996; Ord. 1081 § 8, 1995; Ord. 1062 § 1, 1994; Ord. 1052 § 15, 1993; Ord. 1046 § 2, 1993; Ord. 1040 § 4, 1993: Ord. 1039 § 1, 1993; Ord. 981 §§ 44, 45, 1991; Ord. 975 § 6, 1990; Ord. 944 § 2 (part), 1990: prior code 12091)

(Ord. No. 1323, § 4, 6-23-2009; Ord. No. 1370, § 7, 3-20-2012; Ord. No. 1379, § 151, 1-29-2013; Ord. No. 1380, § 2, 2-26-2013, eff. 3-28-2013; Ord. No. 1390, § 2, 5-20-2014, eff. 6-19-2014; Ord. No. 1423, § 4, 9-26-2017; Ord. No. 1455, § 1, 2-4-2020; Ord. No. 1474, § 2, 4-5-2022; Ord. No. 1482, § 2, 6-6-2023; Ord. No. 1491, § 1, 6-42024; Ord. No. 1495, § 17, 9-24-2024; Ord. No. 1507, § 1, 5-20-2025)

Chapter 18.12 - ESTABLISHMENT OF ZONING DISTRICTS

The unincorporated area of the county of Napa is divided into zoning districts, each of which is designated in this section, and each of which is identified for convenience by the letters indicated:

(Ord. 1227 § 1, 2003: Ord. 96-3 § 4 (part), 1996; Ord. 98-1 § 4 (part), 1998; Ord. 1022 § 2, 1992: Ord. 981 § 46, 1991: Ord. 702 § 2, 1981: Ord. 633 § 3, 1980: Ord. 612 § 1, 1979: Ord. 565 § 2, 1978: Ord. 560 § 1, 1978: Ord. 557 § 1, 1978: Ord. 556 § 4, 1978: Ord. 551 § 4, 1977: Ord. 549 § 3, 1977: Ord. 539 § 3, 1977: Ord. 538 § 3, 1977: Ord. 536 § 1, 1977: Ord. 531 § 4, 1977: Ord. 527 § 3, 1977: Ord. 511 § 1 (part), 1976: prior code § 12100)

(Ord. No. 1326, § 1, 9-22-2009; Ord. No. 1370, § 8, 3-20-2012; Ord. No. 1382, § 1, 6-4-2013)

18.12.020 - Official zoning map.

The zoning districts are delineated on the official zoning map which, together with all explanatory matter entered thereon, is adopted by this reference and is declared to be a part of this title of the Napa County Code. Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map, which shall be maintained by or at the direction of the director, shall be the final authority as to the current zoning status of the real property shown thereon.

(Ord. 511 § 1 (part), 1976: prior code § 12101)

(Ord. No. 1370, § 9, 3-20-2012)

18.12.030 - Official zoning map—Identification.

The official zoning map shall be identified by the county seal and the following words: "This is the Official Zoning Map of the County of Napa identified in Napa County Code Section 18.12.020."

(Ord. 511 § 1 (part), 1976: prior code § 12102)

(Ord. No. 1370, § 10, 3-20-2012)

18.12.040 - Official zoning map—Changes.

A.

If, in accordance with provisions of this title and California Government Code Sections 65853-65857, inclusive, a change is made in a district boundary or other matter shown on the official zoning map, such change shall be entered on the official zoning map promptly after the amendment has been adopted by the board. No amendments to this title of the Napa County Code which involves matters shown on the official zoning map shall become effective until such change has been entered on the official zoning map.

B.

No changes of any nature shall be made in the official zoning map, or matter shown thereon, except in conformity with the procedures set forth in this chapter. Any unauthorized change by any person shall be considered a violation of this code and shall be punishable as provided in Section Four of Ordinance No. 436.

(Ord. 5111 § 1 (part), 1976: prior code § 12103)

(Ord. No. 1370, § 11, 3-20-2012)

18.12.050 - Official zoning map—Replacement.

A.

If the official zoning map is damaged, destroyed or lost, or becomes difficult to interpret for any reason, the director may draft a new official zoning map which shall supersede the prior official zoning map. The official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof. The new official zoning map shall be identified by seal and statement as required in Section 18.12.030.

B.

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Ord. 511 § 1 (part), 1976: prior code § 12104)

(Ord. No. 1370, § 12, 3-20-2012)

18.12.060 - Rules for interpretation of zoning district boundaries.

Where uncertainty exists as to the boundaries of zoning districts as shown in the official zoning map, the following rules shall apply:

A.

A boundary indicated as approximately following the centerline of a road, street or highway shall be construed to follow the centerline.

B.

A boundary indicated as approximately following a platted lot line shall be construed as following the lot line.

C.

A boundary indicated as approximately following city limits or the boundary of any special district or other political subdivision shall be construed as following the city limits or boundary.

D.

A boundary indicated as following railroad lines shall be construed to lie midway between the main tracks.

E.

A boundary indicated as following a shoreline shall be construed to follow the shoreline, and in the event of change in the shoreline shall be construed as moving with the shoreline; a boundary indicated as approximately following the centerline of a stream, river, canal, lake or other body of water shall be construed to follow the centerline.

F.

A boundary indicated as parallel to or extensions of features indicated in subsections (A) through (E) of this section shall be so construed.

G.

Distances not specifically indicated on the official zoning map shall be determined from the scale of the map.

H.

Where the location of a physical or cultural feature on the ground differs from its location on the official zoning map, and in other circumstances not covered by this section, the board shall interpret the zoning district boundaries.

I.

Letters indicating the zoning district classification of property on the official zoning map shall apply to the whole of the area within the zoning district boundaries.

J.

Where a county road, street or alley is officially vacated or abandoned, the zoning district classification of abutting properties shall be extended to the lot lines thereof located within the road, street or alley, or in the absence of any lot line so located, the former centerline thereof.

(Ord. 871 § 2, 1988; Ord. 511 § 1 (part), 1976: prior code § 12105)

Zoning district regulations shall consist of the following:

A.

Regulations set forth for each zoning district in this title, commencing with Section 18.16.010;

B.

Regulations set forth in columnar form in the Schedule of Zoning District Regulations, set forth in Section 18.104.010;

C.

Regulations set forth in this code, commencing with Section 18.52.020.

(Ord. 511 § 1 (part), 1976: prior code § 12106)

18.12.080 - Application of zoning district regulations.

A.

Except as provided in this title, commencing with Section 18.132.010, no building or other structure, or land, shall hereafter be used or occupied, and no building or other structure or part thereof shall hereafter be erected, constructed, moved or structurally altered except in conformity with all of the regulations herein established for the zoning district in which it is located.

B.

The regulations established by this title within each zoning district shall be minimum regulations and shall apply uniformly to each class or kind of building or other structure, or land.

C.

No commercial use shall be permitted of any property located in the unincorporated area of the county other than as is specifically authorized within the provisions of Title 18.

(Ord. 759 § 8, 1983; Ord. 511 § 1 (part), 1976: prior code § 12107)

Chapter 18.16 - AP AGRICULTURAL PRESERVE DISTRICT

The AP district classification is intended to be applied in the fertile valley and foothill areas of Napa County in which agriculture is and should continue to be the predominant land use, where uses incompatible to agriculture should be precluded and where the development of urban-type uses would be detrimental to the continuance of agriculture and the maintenance of open space which are economic and aesthetic attributes and assets of the county.

(Ord. 511 § 1 (part), 1976: prior code § 12200)

The following uses shall be allowed in all AP districts without use permits:

A.

Agriculture;

B.

One single-family dwelling unit per legal lot;

C.

Residential care facilities (small);

D.

Family day care homes (small);

E.

Family day care homes (large), subject to Section 18.104.070;

F.

Accessory dwelling units, and one junior accessory dwelling unit, providing that all of the conditions set forth in Section 18.104.180 are met;

G.

Wineries and related accessory uses and structures which legally existed prior to July 31, 1974 without the requirement that a use permit be issued, and which have not been abandoned; provided, that the extent of such uses and structures have been determined in accordance with the procedure set forth in Section 18.132.050. No expansion beyond those which existed prior to July 31, 1974, may occur unless specifically authorized by use permit, issued in conformance with the applicable provisions of this title;

H.

Small wineries which were issued a certificate of exemption prior to the date of adoption of the ordinance codified in this section, and used the certificate in the manner set forth in Section 18.124.080 before the effective date of the ordinance codified in this section in conformance with the applicable certificate of exemption, Section 18.08.600 of this code, and any resolution adopted pursuant thereto;

I.

Wineries and related accessory uses which have been authorized by use permit and used in a manner set forth in Section 18.124.080 or any predecessor section; provided, that no expansion of uses or structures beyond those which were authorized by a use permit or modification of a use permit issued prior to the effective date of the ordinance codified in this section shall be permitted except as may be authorized by a subsequent use permit issued pursuant to this title;

J.

Minor antennas meeting the requirements of Sections 18.119.240 through 18.119.260;

K.

Telecommunication facilities, other than satellite earth stations, that meet the performance standards specified in Section 18.119.200, provided that prior to issuance of any building permit, or the commencement of the use if no building permit is required, the director or their designee has issued a site plan approval pursuant to Chapter 18.140;

L.

Farmworker housing (i) providing accommodations for six or fewer employees, or (ii) consisting of no more than thirty-six beds in group quarters or twelve units designed for use by a single household, and otherwise consistent with Health and Safety Code Sections 17021.5 and 17021.6, or successor provisions, subject to the conditions set forth in Sections 18.104.300 and 18.104.310, as applicable; and

M.

Supportive housing and transitional housing. Supportive housing and transitional housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the AP zone.

(Ord. No. 1323, § 5, 6-23-2009; Ord. 1097 § 12, 1996; Ord. 947 § 10, 1990: Ord. 816 § 6, 1986; Ord. 815 § 4, 1986; Ord. 629 § 2, 1980: Ord. 511 § 1 (part), 1976: prior code § 12201)

(Ord. No. 1495, § 18, 9-24-2024)

18.16.030 - Uses permitted upon grant of a use permit.

The following uses may be permitted in all AP districts, but only upon grant of a use permit pursuant to Section 18.124.010:

A.

Farmworker housing and seasonal farmworker centers conforming to Section 18.104.300 or 18.104.310, unless exempt from a use permit requirement under subsection (M) of Section 18.16.020;

B.

Facilities, other than wineries, for the processing of agricultural products grown or raised on the same parcels or contiguous parcels under the same ownership;

C.

Kennels and veterinary facilities

D.

Feed lots;

E.

Noncommercial wind energy and conversion systems;

F.

Wineries, as defined in Section 18.08.640;

G.

The following uses in connection with a winery:

Crushing of grapes outside or within a structure,

2.

On-site aboveground disposal of wastewater generated by the winery,

3.

Aging, processing and storage of wine in bulk,

4.

Bottling and storage of bottled wine and shipping and receiving of bulk and bottled wine, provided the wine bottled or received does not exceed the permitted production capacity,

5.

Any or all of the following uses provided that, in the aggregate, such uses are clearly incidental, related and subordinate to the primary operation of the winery as a production facility:

a.

Office and laboratory uses,

b.

Marketing of wine as defined in Section 18.08.370,

c.

Retail sale of (1) wine fermented or refermented and bottled at the winery, irrespective of the county of origin of the grapes from which the wine was made, providing nothing herein shall excuse the application of subsections (B) and (C) of Section 18.104.250 regulating the source of grapes; and (2) wine produced by or for the winery from grapes grown in Napa County;

H.

The following uses, when accessory to a winery:

1.

Tours and tastings, as defined in Section 18.08.620,

2.

Display, but not sale, of art,

3.

Display, but not sale, of items of historical, ecological or viticultural significance to the wine industry,

4.

Sale of wine-related products,

Child day care centers limited to caring for children of employees of the winery;

I.

Telecommunication facilities, other than satellite earth stations, that do not meet one or more of the performance standards specified in Section 18.119.200;

J.

Satellite earth stations that cannot, for demonstrated technical reasons acceptable to the director, be located in an Industrial (I), Industrial Park (IP), or General Industrial (GI) zoning district;

K.

Facilities, other than wineries, for the processing of agricultural products where the products are grown or raised within the county, provided that the facility is located on a parcel of ten or more acres, does not exceed five thousand gross square feet, and is not industrial in character. Only those agricultural products raised or processed on-site may be sold at the facility;

L.

Farm management uses not meeting one or more of the standards contained in subsections (F)(2), (F)(3), and (F)(4) of Section 18.08.040; and

M.

Residential care facilities (medium and large).

(Ord. No. 1420, § 2, 5-9-2017; Ord. No. 1340, § 3, 5-11-2010; Ord. No. 1323, § 6, 6-23-2009; Ord. 1285 § 2, 2006: Ord. 1275 § 1, 2006: Ord. 1246 § 6, 2004: Ord. 1097 § 13, 1996; Ord. 1040 § 5, 1993; Ord. 947 § 11, 1990: Ord. 757 § 1, 1983; Ord. 511 § 1 (part), 1976: prior code § 12202)

(Ord. No. 1495, § 19, 9-24-2024)

The regulations shown for AP zoning districts in the Schedule of Zoning District Regulations, Section 18.104.010, shall apply to each structure and to each use of land within the agriculture preserve district.

(Ord. 511 § 1 (part), 1976: prior code § 12203)