Chapter 18.100 — UR URBAN RESERVE COMBINATION DISTRICT — Napa County Zoning Code

18.100.010 - Intent of classification. ¶

The :UR combination district classification is intended to identify those properties inside the sphere of influence of a city as adopted by LAFCOM and a city-adopted urban limit, such as the city of Napa's RUL, whose continued or future urbanization, subject to Section 18.100.030, is contingent upon annexation to the city, as indicated in Napa County general plan policies.

(Ord. 1082 § 3, 1995: Ord. 883 § 1 (part), 1988: Ord. 762 § 1 (part), 1984: prior code § 12398)

18.100.020 - Permitted uses.

In :UR districts the following uses are allowed:

A.

Any use allowed without a use permit in the principal zoning district with which the :UR district is combined other than a telecommunication facility;

B.

Residential care facilities that require the issuance of a use permit prior to commencing operations and all child day care centers shall be permitted upon the granting of a use permit if the principal zoning district with which the :UR zoning district is combined authorizes the establishment of a child day care center or residential care facility, providing a use permit is first secured;

C.

Except as otherwise provided in subsection (A) or (B) of this section, or in Section 18.100.030, additional development shall not be permitted. In all such cases, annexation to an incorporated city shall be required.

(Ord. 1097 § 48, 1996; Ord. 943 § 2, 1990: Ord. 883 § 1 (part), 1988: Ord. 842 § 1, 1987: Ord. 816 § 17, 1986: Ord. 762 § 1 (part), 1984: prior code § 12398.1)

18.100.030 - Nonresidential development—Conditions and standards.

A.

Notwithstanding subsection (C) of Section 18.100.020, nonresidential development in the county shall be permitted even though the parcel is included within the :UR zoning district in the following circumstances:

1.

In the case of development which requires the issuance of a use permit, if the approving officer or body, in addition to making the findings required by Section 18.124.070, finds that:

a.

The proposed development is consistent with the general plan and zoning policies of the city that would be applicable were the same development proposed to be located within the city; and

b.

A reasonable annexation request has been made and denied within one year of the use permit application being filed; and

c.

No reasonable use of the property exists should the uses that require the issuance of a use permit in the primary zone continue to be prohibited.

2. (Reserved.)

3.

In the case of telecommunication facilities, if the commission has made all the findings required under Section 18.124.070 and subsection (A)(1)(a) and (b) of Section 18.100.030 and has issued a use permit for the proposed facility.

B.

For purposes of subsection (A) of this section, a reasonable annexation request shall be deemed to have been made if a complete application to annex the property has been filed with LAFCO or the city and rejected by either entity within one year prior to the date of the application. However, in such a case the development standards imposed as a condition of the permit shall be substantially the same as those required by the city for similar types of development.

C.

No development application shall be deemed complete and accepted for filing by the county until the applicant has provided evidence to the county that an informational copy of the same application has been filed with the city and the city has determined that were the application for a similar development in the city, the application would be considered complete.

D.

If, within sixty days of an application for a use permit being deemed complete by the county and accepted for filing, the city requests that conditions be attached to the issuance of the use permit, the county will ensure that conditions substantially similar to those recommended by the city are imposed unless the county standards are more restrictive than the conditions recommended by the city.

(Ord. 1097 § 49, 1996: Ord. 1082 § 4, 1995: Ord. 916 § 4, 1989: Ord. 883 § 1 (part), 1988: prior code § 12398.2)

(Ord. No. 1370, § 30, 3-20-2012)

18.100.040 - Certain adjustments prohibited.

No parcel located partially or entirely within the unincorporated area of the county, contiguous to a city limit, and not within the adopted sphere of influence of a city, shall be adjusted into a parcel located within the city absent annexation.

B.

No parcel that is currently entirely within the unincorporated area of the county shall be adjusted in such a manner so that the reconfigured parcel is partly in the unincorporated area of the county and partly in a city or another county.

(Ord. 1082 § 5, 1995)

Chapter 18.101 - (RESERVED)

Editor's note— Ord. No. 1370, § 31, adopted March 20, 2012, repealed Ch. 18.101, which pertained to :V Viewshed Protection Combination District and derived from Ord. No. 1161, § 1 (part), adopted 1999 and Ord. No. 1195, § 1 (part), adopted 2002.

Chapter 18.102 - :PS AGRICULTURAL PRODUCE STAND COMBINATION DISTRICT

18.102.010 - Intent of classification. ¶

The :PS combination district classification is intended to be applied in Agricultural Watershed districts where the sale of agricultural produce, fruits, vegetables, and Christmas trees, grown on or off premises, and items related thereto, as well as the recreational and educational use by children of animals, such as children's pony rides and petting zoos. Only lands that have been historically used for such purposes are eligible for the :PS combination district classification.

(Ord. 96-3 § 4 (part), 1996)

18.102.020 - Uses allowed without a use permit. ¶

The following uses shall be allowed in all :PS combination districts without a use permit:

A.

In any district with which the :PS combination district is combined, all uses allowed without a use permit in the principal zoning district;

B.

Any use permitted upon grant of a use permit in the principal zoning district with which the :PS zoning district is combined;

C.

Sale by the owner of the parcel with which the :PS zoning district is combined of agricultural produce, fruits, vegetables, and Christmas trees, grown on or off premises, and items related thereto, and construction of buildings to accommodate such sales, as well as the recreational and educational use by children of animals, such as children's pony rides and petting zoos, and buildings necessary to house such animals.

(Ord. 96-3 § 4 (part), 1996)

18.102.030 - Other regulations applicable. ¶

The regulations for the principal zoning district with which the :PS zoning district is combined with the exception of the uses set forth in Section 18.102.020 above shall apply to each structure and to each use of land within the :PS combination zoning district.

(Ord. 96-3 § 4 (part), 1996)

18.102.040 - Uses allowed upon grant of a use permit. ¶

The following uses may be permitted on a parcel within a :PS zoning district, when accessory to an agricultural produce stand lawfully existing thereon, upon grant of a use permit pursuant to Section 18.124.010.

A.

Delicatessens with outdoor barbeque;

B.

Wine tastings.

(Ord. 08-01 § 3, 2008)

Chapter 18.103 - :HR HISTORIC RESTAURANT COMBINATION DISTRICT

18.103.010 - Intent of Classification. ¶

The:HR combination district classification in intended to be applied to any parcel used for a restaurant existing on April 22, 1998, which was lawfully used for a restaurant with at least two hundred seats on November 5, 1985, regardless of whether the parcel was used continuously for a restaurant after that date. The two hundred seats allowed without a use permit pursuant to this classification may be located indoors or outdoors, in any room or area of any existing structure or any existing outdoor patio area on the parcel. In order to safeguard against environmental impacts which exceed those which historically existed on a parcel subject to the:HR combination district, the classification does not permit any expansion in structures, parking lots or outdoor patio areas over those existing on April 22, 1998, unless authorized by a use permit issued pursuant to this title.

(Ord. 98-01 § 4 (part), 1998)

18.103.020 - Uses Allowed Without a Use Permit. ¶

The following uses shall be allowed in all:HR combination districts without a use permit:

A.

In any district with which the:HR combination district is combined, all uses allowed without a use permit in the principal zoning district;

B.

Any use permitted upon grant of a use permit in the principal zoning district with which the:HR zoning district is combined;

Restaurants existing on April 22, 1998, with no more than two hundred seats if the restaurant is located on a parcel which was lawfully used for a restaurant which had at least two hundred seats on November 5, 1985, regardless of whether the parcel was used continuously for a restaurant after that date. The allowed seating area shall include indoor and outdoor dining in any room or area of any structures or any outdoor patio areas existing on the parcel on April 22, 1998;

D.

Wastewater treatment and disposal facilities, including ponds and vineyard irrigation attached therewith, which are required in connection with a restaurant allowed pursuant to subsection (C) above and located on the same parcel;

E.

For purposes of subsection (C) above, no expansion of existing structures, parking lots or outdoor patio areas beyond those existing on April 22, 1998, shall be permitted unless authorized by a use permit pursuant to this title.

(Ord. 98-01 § 4 (part), 1998)

18.103.030 - Uses Permitted Upon Grant of a Use Permit. ¶

The following uses may be permitted in all:HR combination districts upon grant of a use permit pursuant to Section 18.124.010:

A.

Expansion of existing structures, parking lots or outdoor patio areas beyond those existing on April 22, 1998, in connection with a restaurant allowed pursuant to Section 18.103.030(C).

(Ord. 98-01 § 4 (part), 1998)

18.103.040 - Other Regulations Applicable. ¶

The regulations for the principal zoning district with which the:HR zoning district is combined shall apply to each structure and to each use of land within the:HR combination zoning district, except to the extent inconsistent with Sections 18.103.020(C), (D) and (E) above.

(Ord. 98-01 § 4 (part), 1998)

Chapter 18.104 - ADDITIONAL ZONING DISTRICT REGULATIONS

18.104.010 - Schedule of zoning district regulations. ¶

A.

The table presented in this section lists zoning districts in the first vertical column. Regulations are shown horizontally across the top of the table. The second and each succeeding vertical column shows the indicated minimum or maximum standard allowed for each listed regulation in the zoning district specified in the first vertical column.

B.

Notwithstanding subsection (A) of this section, the side yard setbacks for legal parcels that are two acres in size or less and are located in the agricultural preserve, agricultural watershed or residential country zoning districts shall

be the side yard setbacks applicable within the residential single zoning district.

C.

Notwithstanding subsection (A) of this section, the side yard setback for a dwelling unit or accessory structure proposed on any lot with a lot width of less than sixty feet measured at the front yard setback line shall be five feet.

D.

Notwithstanding subsection (A) of this section, and except as provided in Section 18.104.295, the minimum parcel size in the AP and AW zoning districts shall be two acres for farmworker centers established pursuant to Section 18.104.305. Further division within any parcel created and maintained for farmworker centers is allowed to facilitate individual home ownership for farmworkers. The minimum parcel size for individual farmworker homes allowed under this section shall be 1,200 square feet.

E.

Notwithstanding subsection (A) of this section, the front yard setbacks for all parcels within the Berryessa Highlands Subdivision, Units I and II, shall be ten feet from the front property line.

Table 18.104.010

SCHEDULE OF ZONING DISTRICT REGULATIONS

Zoning District	Minimum Lot Area		Minimum Lot Width (Feet)	Minimum Yard Feet		Maximum Main Building Coverage	Maximum Main Building Coverage	Maximum Building Height
	(Acres)	(Square Feet)		Front	Side	Rear
AP	40	—	—	20	20	20	—	35
AW	160	—	—	20	20	20	—	35
AV	—	—	—	—	—	—	—	—
CL	1E	—	—	—	—	—	—	35
CN	1	—	—	—	—	—	—	35
MC	———varies——		75	20	20	20	40%	35
I	—	20,000	100	20	20	20	35%	35
GI	———varies——		100	———varies———		35%—50%D		35
IP	———varies——		125	——varies——		10	35%—50%D	35
PD	—	—	—	—	—	—	—	35
PL	10G	—	—	—varies—20		20	—	35
RS	—	8,000	60	20	6C	20	50%	35
RM	—	8,000	60	20	6C	20	40%	35
RC	10	—	60	20	20	20	—	35
TP	160	—	—	—	—	—	—	35

A.

Notwithstanding Table 18.104.010, urban lot splits conforming to the requirements of Chapter 17.17 shall not be subject to minimum lot area requirements prescribed in this section.

B.

Plus two thousand square feet per unit.

C.

Three feet shall be added to each side yard for each story above the first story of any building. Minimum yard on the street side of a corner lot shall be ten feet.

D.

Up to fifty percent for certain uses.

E.

One-half acre if public water and sewer is available.

F.

Twenty thousand square feet if public water and sewer is available.

G.

In areas with general plan designations agricultural resource or agriculture, watershed and open space.

(Ord. 1234 § 12, 2004: Ord. 1212 § 1, 2001; Ord. 1191 § 2, 2002; Ord. 1058 § 2, 1994; Ord. 1024 § 10, 1992: Ord. 1022 § 4, 1992: Ord. 981 § 51, 1991: Ord. 938 § 12, 1989; Ord. 896 § 2, 1988; Ord. 845 § 5, 1987; Ord. 828 § 5, 1986; Ord. 813 § 2, 1986; Ord. 612 § 4, 1979; Ord. 610 § 3, 1979: Ord. 557 § 3, 1978: Ord. 551 § 15, 1977: Ord. 539 § 5, 1977: Ord. 538 § 15, 1977: Ord. 536 § 4, 1977: Ord. 527 § 4, 1977: Ord. 511 § 1 (part), 1976: prior code § 12400)

(Ord. No. 1323, § 19, 6-23-2009; Ord. No. 1370, § 32, 3-20-2012; Ord. No. 1495, § 36, 9-24-2024)

18.104.020 - Zoning district regulations—General applicability. ¶

The regulations set forth in succeeding sections of this chapter are generally applicable to all zoning districts in the county.

(Ord. 511 § 1 (part), 1976: prior code § 12401)

18.104.030 - Commercial accessory dwelling unit. ¶

Dwelling units which are accessory to a principal commercial use on the parcel may be constructed on any CL, CN, or MC zoned parcel pursuant to subsection (M) of Section 18.28.030, subsection (G) of Section 18.32.030, or subsection (K) of Section 18.34.030.

(Ord. 536 § 6, 1977: prior code § 12410)

(Ord. No. 1456, § 4, 2-11-2020)

18.104.040 - Accessory uses. ¶

A.

Uses allowed without a use permit or uses permitted upon grant of a use permit shall include any accessory use.

B.

For golf courses located within one mile of the Airport Industrial Area boundaries and within an urban land use designation as defined by the General Plan, accessory uses may include use by the general public of any existing restaurant or banquet facilities approved by a use permit or use permit modification prior to October 1, 2011.

(Ord. 511 § 1 (part), 1976: prior code § 12405)

(Ord. No. 1371, § 1, 4-3-2012)

18.104.050 - Bed and breakfast establishment—Additional criteria for operation.

A.

Bed and breakfast establishments are prohibited as home occupations, but are a permitted use if the appropriate zoning district expressly permits bed and breakfasts and all of the requirements set forth in this section are met.

B.

All bed and breakfast establishments shall comply with all of the requirements set forth in Article 18 (commencing with Section 114375), Part 7 of Division 104 of the Health and Safety Code of the state of California.

C.

Guests of a bed and breakfast shall register upon arrival, stating their names, current residence addresses and the license plate number of the vehicle, other than a common carrier or charter bus, that is being used by the guest. The registration form shall be kept by the owner for a period of three years and shall be made available for examination by a representative of the Napa County treasurer/tax collector upon one-day notice.

D.

The operator of the bed and breakfast shall pay in a timely manner the transient occupancy tax imposed by Section 3.32.010.

(Ord. 1217 § 2, 2003: Ord. 974 § 5, 1990: Ord. 853 § 4, 1987: prior code § 12416)

18.104.060 - Development plans. ¶

A.

A use permit approved for any use for which a development plan is required shall incorporate the approved development plan and shall provide that the use shall conform to both the use permit and the approved development plan.

B.

Revisions of approved development plans shall be governed by the following rules:

1.

Minor changes may be made prior to and during the construction of the project with the written consent of the director.

No major change may be made without approval by the commission of a revised use permit.

3.

The director shall determine whether a proposed change is a minor change or a major change for purposes of this section.

C.

Following approval of the development plan and the issuance of a use permit by the commission, three copies of the development plan, revised to indicate any required conditions of approval, shall be filed by the applicant with the department.

(Ord. 551 § 18, 1977: prior code § 12411)

(Ord. No. 1370, § 33, 3-20-2012)

18.104.065 - Emergency shelters—Development standards and design criteria.

A.

Emergency shelters are allowed as a permitted use in the Industrial Zone and as a conditional use in the General Industrial Zone. The development standards listed in Table 1 below shall apply to emergency shelters in the Industrial and General Industrial zones. These development standards shall apply for all projects whether or not they require use permit approval. Where use permit approval is required in the General Industrial zone, Chapter 18.124 shall apply in addition to this section. Where use permit approval is required, the development standards may be modified if deemed appropriate by the commission.

Subject	Standard
Site area (min)	20,000 square feet
Building site coverage (max)	35%
Front setback (min)	20 feet
Rear setback (min)	20 feet
Side setback (min)	5 feet
Height limit (max)	35 feet
Parking requirements	1 space for each employee, based on the greatest number of employees on duty at any one time

B.

The following design guidelines shall apply to development of emergency shelters in the Industrial and General Industrial zoning districts. The design guidelines will be enforced through review and approval by the director, or the director's designee, in the cases where a use permit is not required, or by the commission in the event a use permit is required.

Use must meet density requirements for similar uses as stated in the Airport Land Use Compatibility Plan, and an overflight easement must be recorded.

2.

A Phase I hazardous materials report shall be provided with the application, all recommendation of the report shall be implemented, and, if hazardous materials are found, either the State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency must have determined that the site is suitable for residential use.

3.

Signage must meet standards for the applicable zoning district in which the emergency shelter is located.

4.

Laundry facilities shall be provided.

5.

Temporary shelter shall be provided for no more than three hundred thirty days per calendar year for each resident, and no more than one hundred eighty consecutive days.

6.

The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security of indoor and outdoor facilities and parking, screening of residents to insure compatibility with services provided at the facility and for training, counseling and treatment programs for residents, and assistance to residents to obtain permanent shelter and income.

7.

The number of beds at any facility shall not exceed sixty.

8.

Projects shall connect to municipal providers for water and sewer services or demonstrate that they can comply with groundwater/wastewater requirements contained in Napa County Code Title 13.

9.

All exterior lighting, including landscape lighting, shall be shielded and directed downward and shall be located as low to the ground as possible, and shall incorporate the use of motion detection sensors. No flood lighting or sodium lighting of the building is permitted, including architectural highlighting and spotting. Low level lighting shall be utilized in parking areas as opposed to elevated high-intensity light standards.

10.

The shelter shall be subject to the county's Conservation Regulations (Chapter 18.108).

(Ord. No. 1323, § 20, 6-23-2009; Ord. No. 1379, § 156, 1-29-2013)

(Ord. No. 1495, § 37, 9-24-2024)

18.104.070 - Family day care homes (large)—Conditions applicable.

Notwithstanding any other provision of this code, a family day care home (large) shall be a permitted use only if:

A.

Another child day care center, family day care home or residential care facility is not located within three hundred feet of the proposed facility as measured from any point upon the outside walls of the existing or proposed structure that will house the children who will receive the care;

B.

Sufficient parking spaces exist that will provide at least one parking space for each nonresident employee plus one parking space for every six children or guests authorized to be cared for at the facility;

C.

The existing structure meets all applicable regulations of the State Fire Marshall found at Title 24, California Administrative Code, Part 2, Chapter 2-12; and

D.

The operation of the facility complies with all applicable laws and ordinances.

(Ord. 816 § 19, 1986: prior code § 12413)

18.104.080 - Guest cottage—Criteria for establishment. ¶

When permitted by this title, a detached guest cottage may be developed upon issuance of a building permit if the following conditions are met:

A.

The lot contains an existing, legal single-family dwelling unit;

B.

The proposed building site complies with the requirements of Chapter 18.108 (Conservation Regulations);

C.

The square footage of the living area of the guest cottage does not exceed the square footage of the living area of the main dwelling unit. However, in no event shall the living area of the guest cottage exceed one thousand square feet as measured from the inside of the exterior walls. The guest cottage shall be a separate stand-alone structure, within five hundred feet of the main or secondary residence. The planning director may waive the five hundred foot limit if the applicant presents substantial evidence that an environmental or agricultural constraint prevents meeting this requirement and/or if a greater distance is required to meet the standards of the department relating to private water or sewer systems. The planning director may waive the requirement that the structure be stand alone if an alternative design (such as a single level to be built on top of an existing structure) provided by the applicant includes design features which preclude future expansion of the structure beyond the allowable living area of the unit. Examples of such features include: 1) use of external staircases rather than internal staircases to access a second floor unit; 2) exclusion of common walls which could be penetrated to create additional living space; or 3) exclusion of attached areas that can be easily converted to additional living space (such as substantially enclosed

porches). Guest cottages legally constructed prior to the date of adoption of the ordinance codified in this chapter which are attached to other structures are to be considered legally conforming and may expand up to the one thousand square foot limit;

D.

Any construction shall conform to height, setback, lot coverage, site plan review, fees, charges and other zoning requirements applicable to residential construction in the zone in which the property is located;

E.

County building code requirements which apply to single-family dwellings shall also apply to the guest cottage;

F.

Approval by the county department of environmental health where either a private sewage or disposal system or private water system is to be used.

(Ord. 1268 § 4, 2005: Ord. 1233 § 8, 2004: Ord. 1206 § 25, 2002: Ord. 815 § 3, 1986: prior code § 12415)

(Ord. No. 1370, § 34, 3-20-2012; Ord. No. 1379, § 157, 1-29-2013)

18.104.090 - Home occupations.

The following rules and standards shall apply to each home occupation:

A.

No person other than those persons who are regular residents on the premises shall be engaged in such occupations.

B.

The use of the dwelling for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent of the gross floor area of the dwelling unit shall be used in the conduct of the home occupation.

C.

There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

D.

No home occupation shall be conducted in any accessory building.

E.

There shall be no sales in connection with such home occupation other than sales of merchandise produced on the premises or directly related to the services offered.

F.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be

met off the street and other than in a required front yard.

G.

No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable off the lot to the normal senses. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

H.

The nature or type of occupation for which a home occupation permit may be granted shall be a material part of such permit.

I.

Storage, warehousing or manufacturing of wine for sale on the premises is allowed only if the annual wine production, manufacturing and storage on the premises or within an accessory structure that is located within five hundred feet of the residence on the premises is less than two hundred gallons. The property owner shall submit a copy of their U.S. Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau (TTB) form annually to the department and on-site sales shall not be allowed.

J. (Reserved).

K.

No home occupation shall be allowed unless an administrative permit has first been issued for such use pursuant to Chapter 18.126.

(Ord. 1275 § 3, 2006: Ord. 1206 § 26, 2002: Ord. 1101 § 7, 1996; Ord. 759 § 12, 1983: Ord. 511 § 1 (part), 1976: prior code § 12404)

18.104.095 - Cottage food operations. ¶

The following rules and standards shall apply to each cottage food operation:

A.

The applicant for the cottage food operation permit shall be the individual who conducts the cottage food operation from his or her private dwelling unit and is the owner of the cottage food operation. The permit shall not be transferable to another operator, nor transferable to another site.

B.

No more than one cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), and not including a family member or household member of the cottage food operator, shall be permitted on the premises of the cottage food operation.

C.

The cottage food operation shall be registered or permitted by the County Health Officer in accordance with Section 114365 of the California Health and Safety Code. Cottage food operations shall comply with all California

Health and Safety Code requirements.

D.

The use shall be conducted within the kitchen of the subject dwelling unit except for attached rooms within the dwelling that are used exclusively for storage or bookkeeping. No greater than twenty-five percent of the dwelling may be used for the cottage food operations, and it shall not be conducted within an accessory building.

E.

No signage or advertisement identifying the cottage food operation shall be permitted at the premises.

F.

There shall be no change in the outside appearance of the dwelling unit or premises, or other visible evidence of the conduct of such cottage food operation.

G.

Except for vehicle parking, no outdoor portions of the premises shall be utilized for cottage food operation including outdoor sales and visitation.

H.

Direct sales of products from the site of the cottage food operation shall be conducted by prior appointment only, and shall not exceed more than ten visitors in any single day. No customers of the cottage food operation shall be permitted to dine at the premises.

I.

No greater than one visitor's vehicle and one non-resident employee's vehicle shall be parked on site at any time. All on site vehicle parking shall be conducted in a manner consistent with county code.

J.

Direct sales and cottage food operation related deliveries shall not occur between the hours of eight p.m. and seven a.m.

K.

The use shall conform to the noise standards prescribed in Chapter 8.16.

L.

Gross annual sales shall not exceed the dollar amounts specified in California Health and Safety Code Section 113758.

M.

No cottage food operation shall be allowed unless an administrative permit has first been issued pursuant to Chapter 18.126.

(Ord. No. 1380, § 3, 2-26-2013, eff. 3-28-2013)

18.104.100 - Loading areas. ¶

Off-street areas shall be provided as necessary for loading and unloading in connection with any use in any zoning district, but the stricter loading area standards set forth in Chapter 18.16 for some zoning districts shall prevail over this regulation. No loading area shall be located in any required front yard.

(Ord. 511 § 1 (part), 1976: prior code § 12407)

18.104.110 - Parcel design.

A.

Except as provided in subsection (E) of this section, no lot shall be created with less than four thousand square feet of buildable area after taking into account the restrictions imposed by this title.

B.

Except as provided in subsection (D) or (E) of this section, for lots zoned Residential Single or Residential Multiple, the minimum depth of a residential lot shall be eighty feet, minimum frontage shall be forty feet, and minimum width at building setback line shall be sixty feet.

C.

Except as provided in subsection (E) of this section, each proposed lot shall have at least one buildable site.

D.

Except as provided in subsection (E) of this section, the average depth of a parcel ten acres or less in size shall not exceed three times its average width and the average depth of a parcel greater than ten acres in size shall not exceed five times its average width, except that the unbuildable portion of the parcel may be deducted from the width-to-depth ratio by the advisory agency that approved the tentative map if a portion of the depth of the parcel will not be buildable due to:

1.

Unusual topography such as existence of steep slopes, floodway, soil instability or geologic hazards;

2.

The existence of dedicated easements.

E.

The requirements set forth in subsections (A) through (D) of this section shall not apply within the Planned Development zoning district or to the following lots:

1.

Those parcels dedicated or offered for dedication to the county or some other public entity or reserved by recorded restrictions for flood control purposes, natural resource preservation, common open space or other similar purposes;

2.

Parcels actively used for such purposes as landfills, mining operations, or other similar long-term uses which do not normally require a permanent on-site primary structure and which are subject to a discretionary permit issued

by the county regulating such use.

F.

Side lot lines shall be at approximately right angles or radial to the street centerline, except where terrain or other restrictions make such design impractical.

G.

Lots less than two acres in size shall not have double street frontage unless the frontage and vehicular access from one of said streets is waived. This subsection is not intended to apply to corner lots.

H.

All lots created by subdivision or parcel map, and all lots affected by lot line adjustment other than those which are less than the minimum parcel size required by the zoning district both before and after the lot line adjustment or which are the result of a lot line adjustment which complied with subsection (C)(4) of Section 17.46.040 shall, unless dedicated or offered for dedication or reserved by permanent recorded restrictions for flood control, natural resource preservation, common open space or other similar purposes, conform to the minimum lot area requirements of the general plan and zoning district in which the property is located. In determining whether a proposed lot having a gross area, as defined in Section 17.02.340, of less than forty acres conforms to such minimum area requirements, only the net area of the lot, as defined in Section 17.02.350, shall be considered.

I.

No parcel shall be created in such a manner that the parcel is partly in the unincorporated area of the county and partly in a city or another county. Subject to Section 18.100.040, no parcel that is currently entirely within the unincorporated area of the county shall be adjusted in such a manner so that the reconfigured parcel is partly in the unincorporated area of the county and partly in a city or another county.

(Ord. 1260 § 2, 2005: Ord. 1104 § 29, 1996; Ord. 1082 §§ 6, 7, 1995; Ord. 981 § 52, 1991: prior code § 12423)

(Ord. No. 1331, § 5, 12-8-2009; Ord. No. 1370, § 35, 3-20-2012)

18.104.120 - Maximum building height.

A.

Except as otherwise provided elsewhere in this chapter, Section 18.104.010 or subsections of this section, no structure other than a telecommunication tower shall exceed thirty-five feet in height when measured from the midpoint of the cord of the roof to existing grade or to finished grade.

B.

Single-family residences shall not exceed three stories or thirty-five feet in height, whichever is less.

C.

Towers, spires, cupolas and similar architectural features not including roof structures themselves, chimneys, antennae, aerials, water tanks, utility structures, mechanical features and other similar appurtenances necessarily and normally attached to a structure may be constructed to a height of not more than fifteen feet above the maximum building height in the zoning district, but any additional space created shall not be habitable, used for eating or sleeping purposes, or employed for any commercial or advertising use.

D.

Freestanding towers, chimneys, antennae, aerials, and water tanks may extend to a maximum height of not more than fifteen feet above the maximum building height in the zoning district. No such structure shall contain habitable space nor be used for eating, sleeping, commercial, or advertising purposes.

E.

Structures necessary for the excavation or processing of nonorganic materials of any nature may extend to a maximum height of one hundred feet above the average grade at the area covered by the foundation of the structure, provided:

1.

A use permit and a surface mining permit are obtained;

2.

The commission determines as part of the permit procedure that the height of the structure will not adversely affect the public health, safety and welfare. The commission shall consider the visual impact of the structure upon surrounding properties.

(Ord. 1097 § 51, 1996; Ord. 752 § 1, 1983: Ord. 739 § 1, 1983: Ord. 511 § 1 (part), 1976: prior code § 12406)

(Ord. No. 1370, § 36, 3-20-2012)

18.104.130 - Off-street parking.

A.

Adequate off-street parking shall be provided for vehicles in connection with any use in any zoning district, but the stricter parking standards set forth in succeeding subsections of this section shall prevail where applicable.

B.

In any zoning district, two off-street parking spaces shall be provided for each dwelling unit, except where lesser standards are allowed by the County Code or state law, including but not limited to Sections 18.104.065 (Emergency Shelters), 18.104.170 (Residential Care Facilities), 18.104.180 (Accessory Dwelling Units), 18.104.440 (Two-Unit Developments), and 18.110.030 (Multi-Family Projects) and Chapter 17.17 (Urban Lot Splits).

C.

In connection with a use permit for which approval of a development plan is required, the parking requirements of this section may be modified by the commission upon a finding that, because of the type of occupancy or the location of the development, the normal standards will produce either more or fewer parking spaces than will be needed. Requests for reductions in the number of parking spaces for standard residential developments shall be based on information provided by the applicant, which may include but not be limited to a: parking study, Transportation Demand Management (TDM) plan, demonstration of adequate on-street parking, proximity to transit services, provision of on-site affordable or senior housing, or other evidence. In no event shall such modification increase or decrease the number of required parking spaces by more than forty percent of the stated standard.

D.

Notwithstanding any other provision of this code, temporary off-site parking shall be allowed in conjunction with county authorized events provided the off-site parking meets the criteria established in subdivisions 1 through 22 below, and an "off-site parking plan" which complies with the requirements of subsection (E) has been submitted and reviewed by the director, in conjunction with consultation with other departments.

1.

Temporary off-site parking is identified as an allowed use in the zoning district where parking will be located, (except in the case of temporary events which must provide for parking in conformance with the Temporary Events Manual) and shall occur only on parcels that have ingress and egress to a state highway, county arterial or collector roads.

2.

The area which the event sponsor designates for temporary off-site parking shall accommodate the maximum number of persons attending the authorized event. The area for parking shall be based on three people per vehicle, and shall comply with the layout and dimension requirements of Napa County's off-street parking standards identified in the department of public works road and street standards (as most recently revised). Fire lanes with a minimum clearance of fourteen feet between rows of parked cars and at the end of aisles around the perimeter of the parking lot shall be open at all times for emergency vehicle access.

3.

Parking at any off-site location shall occur only on the designated days of the authorized event and at any designated site for a maximum of ten days in one calendar year.

4.

Security shall be provided at each off-site parking location for as long as parking continues at that lot.

5.

Temporary parking signs and directional signs to parking locations, prepared at the expense of the event sponsor, shall be no larger than thirty-six inches by thirty-six inches, and shall be located to safely identify the parking locations. Such signs shall be placed no earlier than the day before the event and shall be removed no later than the day following the event. Such signs shall not be located on trees or utility poles.

6.

Reclaimed water shall be applied to each off-site parking location for dust suppression at a minimum of once on the day prior to the use of the lot for the parking and at least once in the morning each day before vehicles are parked and once in the afternoon of each day when vehicles are parked, or more often as necessary.

7.

Off-site parking locations shall be mowed to a maximum height of four inches to reduce fire hazard.

8.

"No Smoking" signs shall be readily visible from all points along the access driveway to each parking lot where visitors will be walking to reduce the risk of fire and shall be enforced by the parking attendants.

Refuse containers shall be located at each off-site parking lot during the use of the lots, and shall be removed from the parking areas and surrounding neighborhood no later than five p.m. of the day following the event.

10.

Parking shall not be permitted where septic systems, including tanks and leachfields are located. These areas shall be temporarily fenced or flagged.

11.

Parked vehicles shall be set back from off-site residences (on adjacent parcels) by a minimum of fifty feet. Setbacks shall be temporarily fenced or flagged.

12.

Access driveways to off-site parking lots shall be maintained with a minimum access width of eighteen feet for two-way traffic. Any temporary improvements in the public right-of-way shall be in conformance with the agency with jurisdiction over the right-of-way.

13.

Streets shall be posted with "No Parking" signs at the expense of the event sponsor if determined to be necessary by the department of public works, California Highway Patrol, or the Napa County fire department. Event sponsor shall be responsible to provide adequate law enforcement personnel to assure compliance.

14.

Shuttle buses shall be provided for off-site parking lots located more than one-third mile from the event entrance, and shall be confined to travel on state highways, Silverado Trail, county arterial and collector roads, as specified in Sections 18.112.070 and 18.112.080 of the code. Shuttle buses shall load and unload passengers on each lot if possible, or shall load on a paved shoulder of the right-of-way, and shall not sit idling while waiting for passengers. Shuttle buses shall unload inside the event entrance, and a turnaround area for shuttles shall be located on the event site.

15.

Traffic controls, including circulation to, within and from each off-site parking location shall comply with the county public works department, sheriff's department, fire department, and California Highway Patrol. Temporary crosswalks shall be marked for pedestrian safety.

16.

No permanent improvements, including paving, shall be made or permanent lighting installed at off-site parking lots solely to accommodate temporary parking. Any temporary lighting shall be directed downward to prevent glare onto adjacent properties.

17.

Parking shall not be allowed on any site which is identified on the county's environmental resource maps as being in an area of hazardous or critical concern, high fire hazard, or environmentally sensitive.

A minimum of three parking attendants shall be present at each lot used for temporary off-site parking to assist in parking vehicles as long as the parking lot is in use. Attendants shall be trained in enforcement of no smoking and emergency vehicle access requirements, emergency incident reporting and notification procedures, and the use of fire extinguisher.

19.

Public entity costs associated with assistance of the temporary parking and circulation shall be the responsibility of the event sponsor. "Public entity" shall include, but not be limited to, public works department, fire department, sheriff, California Highway Patrol, and Caltrans.

20.

Fire extinguisher(s) shall be maintained at each off-site parking lot whenever vehicles are in the lot. There shall be one fire extinguisher for each two hundred and fifty parking spaces (or fraction thereof). Fire extinguishers shall be foam-water type, two and one-half gallon size (class 3A).

21.

A telephone (cellular or wired) for reporting of emergencies shall be maintained at, or within one hundred yards of, a parking lot attendant for each off-site parking lot.

22.

One fire engine staffed with three uniformed firefighters shall be retained by the event sponsor for emergency standby at events with more than five hundred off-site parking spaces. This requirement may be modified based on factors such as fire department response time, fire hazard, and available staffing. The amount of on-site fire suppression resources (personnel, equipment, practices) will be increased during periods of extreme fire weather (e.g., National Weather Service "Red Flag Warning").

23.

The director may require a report of compliance with the above requirements after any event requiring off-site parking.

E.

The off-site parking plan shall be submitted to the conservation, development and planning department by the event sponsor at least ninety days prior to the commencement of the event, and shall be accompanied by a nonrefundable fee in that amount adopted by the board of supervisors, and shall include the following requirements:

1.

The type, place and duration (dates and times) of the event;

2.

The name and address of the event sponsor;

3.

The name and telephone number of the person to contact in case of any problems during the event;

The name and address of properties where off-site parking will occur;

5.

Maximum number of people attending the event, and a summary indicating that the area proposed for parking can accommodate that number based on three people per vehicle;

6.

Number of personnel to assist in parking and traffic control for pedestrians and vehicles, and the methods of operation, including locations of temporary crosswalks for pedestrian safety;

7.

Method and rate of water application on lots for dust suppression, including source of reclaimed water;

8.

Event communication system and incident reporting and notification procedures to be used by parking lot attendants;

9.

Number of shuttle buses proposed for the event, the manner they will be used;

10.

A map at the scale of one-inch equals eight hundred feet identifying:

a.

Parking lot number and name the location of all off-site parking areas, the assessor parcel number and address of the property, and the street name and address of all houses adjoining the parking lot,

b.

Size of each lot, layout of parking rows, row dimensions, and number of vehicles each parking row can accommodate,

c.

Access driveways to off-site parking lots, parking lot aisles, and perimeter fire lanes, with required minimum widths clearly identified,

d.

Streets proposed to be closed to vehicular traffic,

e.

Location of "No Parking" signs, "No Smoking" signs, fire extinguishers, and phones,

Shuttle routes, turnaround areas, and approximate number of trips during the event,

g.

Location of any septic systems and leachfields on proposed parking sites,

h.

Traffic control points for circulation to and from off-site parking locations,

i.

Locations of temporary crosswalks;

11.

A list of property owners contiguous to parcels where off-site parking will occur, as shown on the latest equalized assessment roll;

12.

All other on-site and remote areas to accommodate parking for the event shall be identified, and the number of vehicles that each area can accommodate shall be identified.

(Ord. 1104 § 30, 1996; Ord. 1090 § 1, 1995; Ord. 1042 § 2, 1993; Ord. 730 § 1, 1982; Ord. 551 § 17, 1977; Ord. 511 § 1 (part), 1976: prior code § 12408)

(Ord. No. 1495, § 38, 9-24-2024)

18.104.140 - Placement of detached garages and accessory buildings.

A.

The provisions of Section 18.104.260 to the contrary notwithstanding, a detached garage, accessory building, or solar panel system not exceeding fifteen feet in height at the ridgeline may occupy not more than fifty percent of the area of a rear yard. Such a structure shall not contain cooking or sleeping facilities or be used for either of such purposes. If such a structure is situated not less than seventy feet from any street it may be located not closer than five feet from the side and/or rear lot lines. Water tanks are not included in this provision, unless each tank is smaller than fifteen feet in height at its peak, less than ten thousand gallons of water is stored in the reduced setback area, and the tanks are screened from view of neighboring parcels. Mechanical equipment may be located not closer than five feet from the side and/or rear lot lines provided it does not generate noise in excess of county noise standards.

B.

A garage, carport or other accessory building may have a common wall with the main building, or may be connected thereto by a breezeway if placed on the lot as required by this title.

C.

A garage, carport or other accessory building not having a common wall with the main building shall not be placed closer than eight feet from the main building.

No detached accessory building shall be placed on a corner lot so as to occupy any part of the front half of the lot.

E.

Notwithstanding any other provision of this chapter, structures in the residential country zoning district accessory to agriculture, other than fences, shall be located at least twenty feet from the side and rear property line and fifty feet from the front property line.

(Ord. 1268 § 5, 2005: Ord. 1233 § 9, 2004: Ord. 1104 § 31, 1996; Ord. 813 §§ 4, 5, 1986; Ord. 551 § 16, 1977; Ord. 511 § 1 (part), 1976: prior code § 12403)

18.104.150 - Placement of dwelling units—Additional requirements. ¶

No structure containing dwelling units located within fifty feet of a public road or street shall be located on a parcel so that the rear of the building faces the public road or street.

(Ord. 813 § 3, 1986: prior code § 12402.5)

18.104.160 - Private school—Criteria for establishment and operation.

Notwithstanding any other provisions of this title, a private school shall meet the following criteria:

A.

Density Standards. No use permit shall be approved for a new private school (institutional) within three hundred feet of another private school, as measured from any point upon the outside walls of the existing or proposed structure that will house the students.

B.

Minimum Lot Area Standards. The lot on which a private school (institutional) is located shall contain not less than eight hundred square feet for each student served by the facility.

C.

Parking Standards.

1.

Parking spaces shall be provided on-site and shall meet the following standards:

a.

Elementary and junior high schools: one space per employee;

b.

High schools: one space per employee, one space per ten students.

2.

Off-street loading and delivery areas shall be provided for each facility which has a capacity to serve thirteen or more students.

Distance to Airports.

1.

A new private school (institutional) shall not be located within two miles of an airport, as measured from the end of the closest runway, unless such school is approved by the State Department of Education and complies with the following conditions:

a.

Grants an avigation and hazard easement to the county of Napa;

b.

Complies with Napa County interior noise standards as administered by the department.

2.

Notwithstanding subsection (D)(1) of this section, in no case shall a school be located within one mile of an airport.

E.

Utilities. All private school facilities shall be connected to a private water and sewer system approved by the department.

F.

Other Agencies. All private schools shall comply with applicable laws and ordinances of state and local agencies.

G.

Additional Conditions. Additional conditions to those set forth in this section may be imposed by the planning commission on the use permit when deemed necessary by the commission to protect the public health, safety and welfare.

(Ord. 892 § 6, 1988: prior code § 12417)

(Ord. No. 1379, § 158, 1-29-2013)

18.104.170 - Residential care facilities. ¶

Notwithstanding any other provisions of this title, a residential care facility (medium) or (large) shall meet the following criteria:

A.

Minimum Lot Area Standards. The lot on which a residential care facility (medium) or (large) is located shall meet the minimum lot area requirements of that district, and it shall contain not less than two thousand square feet for each person served by the facility.

B.

Parking Standards. Residential care facilities (medium) or (large) shall comply with the following parking and loading area requirements:

One off-street parking space shall be provided for each two visitors based on the greatest number of visitors at any one time to the facility.

2.

One additional off-street parking space shall be provided for each full-time or part-time employee of the facility, based on the greatest number of employees on duty at any one time.

3.

Off-street loading and delivery areas shall be provided for each facility which has a capacity to serve thirteen or more persons, and an additional off-street loading and delivery area shall be provided for each additional one hundred persons or fraction thereof beyond the first one hundred persons.

C.

Large Residential Care Facilities Located in RS (Residential Single) Zoning Districts. The following additional criteria must be met:

Common Areas and Open Space. The facility shall include indoor or outdoor common areas or open space, at the discretion of the applicant. The common area(s) or open space shall be furnished. Appropriate furnishings for indoor spaces include, but are not limited to, such items as lounge chairs, couches, tables with chairs, writing

desks, and televisions. Outdoor furnishings include but are not limited to such items as outdoor benches, tables with chairs, barbeques, and shade coverings like arbors, patio covers, garden shelters or trellises.

5.

Management. The facility shall have either (i) a manager who resides on-site or (ii) a number of persons acting as a manager who are either present at the facility on a twenty-four hour basis or who will be available twenty-four hours a day, seven days a week to physically respond within forty-five minutes notice and who are responsible for the day-to-day operation of the facility. The provisions of this section shall be superseded by any management requirements imposed on the facility pursuant to state law.

6.

Security. A designated area for on-site personnel shall be located near the main entrance to the facility for the purpose of controlling admittance to the facility and providing security. Emergency contact information shall be posted on the exterior of the facility adjacent to the main entrance, as well as on the interior in a location accessible to all residents.

7.

Personal Storage. Each resident of the residential care facility shall be provided with at least one private storage area or private closet, with a lock or other security mechanism, in which to store their personal belongings.

H.

Additional Conditions. Additional conditions to those set forth in this section may be imposed by the planning commission when deemed necessary by the commission to protect the public health, safety and welfare.

(Ord. No. 1323, § 21, 6-23-2009; Ord. 961 § 2, 1990: Ord. 816 § 20, 1986: prior code § 12414)

(Ord. No. 1379, § 159, 1-29-2013; Ord. No. 1495, § 39, 9-24-2024)

18.104.180 - Accessory dwelling units and junior accessory dwelling units.

A.

Pursuant to the provisions of Government Code Sections 66310 et seq., the following requirements apply to accessory dwelling units and junior accessory dwelling units, as specified:

1.

Zoning and Required Uses.

a.

Accessory Dwelling Units. Accessory dwelling units are allowed on a legal lot, as defined by Section 18.08.340 of this title, that is zoned RS, RM, RC, AP, AW or PD, or is developed under the provisions of the :AH overlay zone, and that contains an existing or proposed single family dwelling or an existing or proposed multifamily unit that is precluded from transient occupancy.

b.

ii.

Eighteen feet on a legal lot with an existing or proposed multistory multifamily dwelling;

iii.

Sixteen feet on all other legal lots with an existing or proposed multifamily dwelling;

d.

A legal lot with an existing multifamily dwelling may contain accessory dwelling units converted from portions of the building that are not used as livable space, if each unit complies with state building standards for dwellings. The number of accessory dwelling units permitted is equivalent to up to 25 percent of the number of existing, legally permitted units in the multifamily dwelling, or one, whichever is greater.

5.

Only one accessory dwelling unit shall be permitted on legal lots with proposed or existing single-family or multifamily dwellings unless all existing and proposed accessory dwelling units on the lot meet the requirements of subsection A.4 above.

Building Code. Junior accessory dwelling units and accessory dwelling units shall comply with all applicable building code requirements, except as follows:

a.

Fire sprinklers shall not be required for an accessory dwelling unit if they are not required for the primary dwelling. Fire sprinklers may not be required for an existing primary dwelling unit as a condition of the approval of an accessory dwelling unit.

b.

The new construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or enforcement agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety or the accessory dwelling unit is converted from unhabitable or nonresidential space.

7.

Owner Occupancy. On a property with a junior accessory dwelling unit, the owner must occupy as a principal residence either the primary dwelling or the junior accessory dwelling unit, unless the owner is another governmental agency, land trust, or housing organization. Owner occupancy is not required for the accessory dwelling unit.

8.

Prohibition on Separate Sale.

a.

Accessory Dwelling Unit. An accessory dwelling unit may not be sold separately from the single-family or multifamily dwelling, except that the accessory dwelling unit and primary unit may be owned by multiple owners as tenants in common if the single-family dwelling and accessory dwelling unit were developed by a qualified nonprofit, as that term is defined in Government Code Section 66340, and if all of the provisions of Government Code Section 66341 are met.

b.

Junior Accessory Dwelling Unit. A junior accessory dwelling unit may not be sold separately from the single-family dwelling.

9. Covenants:

a.

Accessory Dwelling Units. At the time of application for an accessory dwelling unit, the property owner shall acknowledge in writing that neither the accessory dwelling unit nor the single-family dwelling or multifamily dwelling may be used for short-term residential rentals of less than thirty days. Prior to the issuance of a building permit for the accessory dwelling unit, the owner shall record a covenant with the Napa County Recorder's Office in a form approved by county counsel to prohibit renting the accessory dwelling unit for fewer than thirty consecutive calendar days.

b.

Junior Accessory Dwelling Units. Prior to issuance of a certificate of occupancy for a junior accessory dwelling unit, the owner shall record a covenant in a form prescribed by county counsel, which shall run with the land and provide for the following:

i.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family principal dwelling;

ii.

A restriction on the size and attributes of the junior accessory dwelling unit consistent with subsection D below;

iii.

A requirement that either the primary residence or the junior accessory dwelling unit be the owner's bona fide principal residence, unless the owner is a governmental agency, land trust, or housing organization.

c.

A copy of the recorded covenant shall be filed with county counsel.

B.

Development Standards - All Accessory Dwelling Units. The following development standards apply to all accessory dwelling units:

1.

Except as specified below, an accessory dwelling unit shall comply with the requirements of this Section 18.104.180, the underlying zoning district, and other provisions of the Napa County Code except:

a.

If the requirements of the underlying zoning district or other provisions of the Napa County Code are inconsistent with the provisions of this Section 18.104.180, the standards of this section shall apply. Exempt accessory dwelling units described in subsection A.4 need only comply with the applicable provisions of this Section 18.104.180, building code requirements, and health and safety requirements, such as those applicable to private water and sewer service.

b.

Limits on lot coverage, front yard setback, floor area ratio, open space, and size must permit or shall be waived to allow an eight hundred square foot detached or attached accessory dwelling unit with four-foot side and rear yard setbacks, if the proposed accessory dwelling unit is in compliance with all other applicable development standards.

c.

The county may not require as a condition of approval the correction of nonconforming zoning conditions.

If the application is to legalize an unpermitted accessory dwelling unit that was constructed before January 1, 2018, the accessory dwelling unit does not need to conform with this section or building standards pursuant to Health & Safety Code Section 17960 et seq. However, the county may deny the application for an unpermitted accessory dwelling unit constructed before January 1, 2018 if the building official makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.

e.

No setback is required for a new structure constructed in the same location and to the same dimensions as an existing structure.

2.

Entrance. An accessory dwelling unit shall have a separate entrance from the primary dwelling unit.

3.

Parking. Accessory dwelling units shall have one parking space per unit, except that studio units shall not require a parking space. These spaces may be provided as tandem parking on an existing driveway. Off-street parking is permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon fire and life safety conditions. "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. Notwithstanding the foregoing, no parking shall be required in any of the following instances:

a.

The accessory dwelling unit is located within one-half mile of a public transit stop including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public;

b.

The accessory dwelling unit is located within an architecturally and historically significant district;

c.

The accessory dwelling unit is an interior accessory dwelling unit;

d.

On-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

e.

There is a car share vehicle pick-up location within one block of the accessory dwelling unit.

4.

E.

Applications and Processing. All reviews of accessory dwelling units and junior accessory dwelling units shall be ministerial.

1.

In addition to other information requested in this section and the application form, for issuance of a building permit, the approval by the relevant department must be obtained where a private or individual sewage disposal system or water system is to be used.

The director shall administratively review and approve or deny complete ministerial permit applications for accessory dwelling units and junior accessory dwelling units within sixty days from the date the county receives a completed application, except that applications for pre-approved accessory dwelling unit plans shall be approved or denied within thirty days from the date that the county receives a completed application. However, if the permit application is submitted with an application to construct a new single-family or multifamily dwelling, then the county may delay review of the permit application for the accessory dwelling unit or junior accessory dwelling unit until the county approves or denies the permit for the new dwelling. If the application is denied, the director will provide, within the review period, a complete list of the application's deficiencies and describe how the applicant can remedy the application.

F.

Utilities and Impact Fees.

1.

Fees and Utility Connections for Accessory Dwelling Units. All permit and mitigation fees and other charges applicable to primary dwellings in the zone in which the property is located shall apply to an accessory dwelling units except:

a.

Accessory dwelling units shall not be considered new residential uses for the purposes of calculating any connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit is constructed with a new single-family dwelling.

b.

Interior accessory dwelling units are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges, unless the interior accessory dwelling unit was constructed with a new single-family dwelling. For other accessory dwelling units, new or separate utility connections are required between the accessory dwelling unit and the utility. Any connection or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit on the water or sewer system, based on either its square feet or the number of drainage fixture units.

c.

No impact fees shall be imposed upon the development of an accessory dwelling unit less than seven hundred fifty square feet. Any impact fees charged for an accessory dwelling unit of seven hundred fifty feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. For purposes of this provision, an "impact fee" includes the fees specified in Government Code Sections 66000 and 66477. Impact fees do not include connection fees or capacity charges.

2.

Fees for Junior Accessory Dwelling Units.

a.

For the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit is not considered a separate or new dwelling unit. No water, sewer, or power requirements may be applied to single-family dwellings

containing a junior accessory dwelling unit unless they apply uniformly to all single-family dwellings in the zone regardless of whether or not they contain a junior accessory dwelling unit.

b.

Junior accessory dwelling units are exempt from any requirement to pay connection or capacity fees or charges.

3.

Utility Connections and Meters.

a.

Accessory dwelling units may be separately metered and shall Junior accessory dwelling units are exempt from any requirement to install a new or separate utility connection and to pay any associated connection or capacity fees or charges.

4.

Water Availability Standards. If the lot is located within the Groundwater Sustainability Plan (GSP) area and/or is located within a designated Groundwater Deficient Area, then the proposal must comply with the objective requirements of the Water Availability Analysis Guidance Document (WAA).

G.

No conflict with state law. If any provision of this section conflicts with Government Code Section 66310 et seq. or other applicable state law, state law shall supersede the provisions of this section.

(Ord. 1268 § 6, 2005: Ord. 1233 § 10, 2004: Ord. 980 § 1, 1991: Ord. 945 § 4, 1990: Ord. 916 § 5, 1989; Ord. 900 § 5, 1988; Ord. 867 § 14, 1988: Ord. 810 § 1, 1985; Ord. 800 § 1, 1985; Ord. 784 § 3, 1984: Ord. 766 § 2, 1984: prior code § 12412)

(Ord. No. 1323, § 22, 6-23-2009; Ord. No. 1370, § 37, 3-20-2012; Ord. No. 1379, § 160, 1-29-2013; Ord. No. 1423, § 5, 9-26-2017; Ord. No. 1456, § 5, 2-11-2020; Ord. No. 1495, § 40, 9-24-2024)

18.104.190 - Vehicular repair. ¶

All vehicular repair operations at gasoline service stations and automobile repair facilities shall be carried on within a building.

(Ord. 536 § 5, 1977: prior code § 12409)

18.104.200 - Accessory structures related to wineries in AP/AW districts—Maximum square footage.

The maximum square footage of structures used for accessory uses that are related to a winery shall not exceed forty percent of the area of the production facility. "Production facility" for the purpose of this section means crushing, fermenting, bottling, bulk and bottle storage, shipping, receiving, laboratory, equipment storage and maintenance facilities, but shall not include wastewater treatment or disposal areas which cannot be used for agricultural purposes.

(Ord. 947 § 20, 1990: prior code § 12421)

18.104.210 - Wineries—Development area.

A.

The winery development area of a winery shall be contiguous to and shall not exceed one hundred percent of the winery area calculated according to subsection (B) of this section which is existing as of the date of adoption of the ordinance codified in this section.

B.

The winery area shall be the aggregate paved or impervious or semipermeable ground surface areas of the production facility, storage areas (except caves), offices, laboratories, kitchens, tasting rooms and paved parking areas for the exclusive use of winery employees.

C.

Construction of additional facilities beyond the winery development area without compliance with Section 18.104.250 may be permitted only if required by the director to correct emergency health and safety conditions not related to expansion of production.

(Ord. 947 § 15, 1990: prior code § 12422)

(Ord. No. 1379, § 161, 1-29-2013)

18.104.220 - Wineries located in open space areas—Coverage. ¶

The maximum coverage of new or expanded wineries shall be twenty-five percent of the existing parcel or fifteen acres, whichever is less. Coverage for the purposes of this measure shall be the aggregate paved or impervious ground surface areas of the production facility, storage areas (except caves), offices, laboratories, kitchens, tasting rooms, paved areas and access roads to public or private roads or rights-of-way and aboveground sewage disposal systems.

Notwithstanding subsection (F)(2) of Section 18.08.040, the calculation of coverage for wineries shall not include farm management uses.

(Ord. 1285 § 4, 2006: Ord. 947 § 19, 1990: prior code § 12420.1)

(Ord. No. 1420, § 5, 5-9-2017)

18.104.230 - Wineries located in open space areas—Setbacks.

A.

The minimum setback for wineries shall be as follows:

1.

Wineries, or structures containing accessory uses allowed by Sections 18.16.030(G) and (H) and 18.20.030(I) and (J), shall meet a six hundred foot setback from the centerline of any state highway, Silverado Trail, or any arterial county road. Underground portions of caves are not subject to the winery or yard setback requirements. Cave portals shall be required to meet the setback if the portal is visible from the applicable road. If the associated entry pad outside of the cave portal is used for winery functions (such as, but not limited to, placement of winery equipment, crushing, visitation, etc.), then the pad is also required to meet the winery setback requirements.

Wineries, or structures containing accessory uses allowed by Sections 18.16.030(G) and (H) and 18.20.030(I) and (J), which are located on parcels contiguous to any other public road or private road(s) used by the public: three hundred feet from the centerline of the road. For purposes of this section only, a private road is considered "used by the public" if it provides primary access to at least one parcel other than the parcel(s) on which the winery is located. Underground portions of caves are not subject to the winery or yard setback requirements. Cave portals shall be required to meet the setback if the portal is visible from the applicable road. If the associated entry pad outside of the cave portal is used for winery functions (such as, but not limited to, placement of winery equipment, crushing, visitation, etc.), then the pad is also required to meet the winery setback requirements.

B.

Any winery existing on the date of adoption of the ordinance codified in this section may expand within the minimum setback specified in subsection A of this section. Notwithstanding the previous sentence, expansions may be permitted within the minimum setback area only if the expansion is placed no closer to the centerline of the right-of-way than the nearest point of the existing structure to which the expansion is attached. Any new freestanding structure shall comply with the setback provisions of subsection A of this section.

C.

Legally constructed structures, existing prior to the enactment of the Winery Definition Ordinance (January 23, 1990), may be exempted from the setback provisions of subsection A of this section if it is found that use of this exemption will result in a more environmentally beneficial placement of the winery. The winery may not encompass or expand beyond the legally established footprint of the structure as it existed on the above stated date. Any expansion of such structure beyond the footprint that legally existed on the above date shall comply with the setback provisions of subsection A of this section.

D.

Excepting caves, nothing herein shall be construed as permitting construction or improvements within applicable setback or yard areas as specified by other sections of this title.

(Ord. 1233 § 11, 2004: Ord. 1227 § 2, 2003: Ord. 1101 § 8, 1996; Ord. 947 § 18, 1990: prior code § 12420)

18.104.235 - Exceptions to winery setback requirements for historical buildings and sites.

Notwithstanding Section 18.104.230(A)(1) of this chapter, wineries or structures containing accessory uses allowed by Sections 18.16.030(G) and (H) and 18.20.030(I) and (J), may be located a minimum of three hundred feet from a state highway, Silverado Trail, or any arterial county road, if the commission, or the board of supervisors on appeal, makes all of the following findings:

A.

The proposed site contains historic buildings, structures or landscapes which are either listed on or eligible for listing on the California or National Historic Register, and the proposed project will retain and incorporate such eligible or listed buildings, structures or landscapes into the final project design;

B.

The proposed winery or structure(s) will be located within an existing footprint or developed or disturbed portion(s) of the site such that the final project will be within the historical context and scale of the site;

The proposed winery or structure is part of an overall historic preservation plan for the site which includes the preservation and enhancement of historical buildings and structures and old growth landscape including, but not limited to, old vines and mature trees and a certification that the project is in conformance with the Secretary of the Interior Standards and Guidelines for Historic Preservation Projects. Retention of these elements shall be made a condition of the approved permit; and

D.

The proposed winery or structure shall not be located closer to a state highway, Silverado Trail, any arterial county road, or any other public or private road used by the public than any existing historic structures or buildings on the site.

(Ord. 1153 § 1, 1999)

18.104.240 - Wineries—Minimum parcel size.

Wineries are permitted to be located or operated on parcels zoned AP or AW only if the single parcel on which it is located meets the following minimum parcel size:

A.

Wineries that were established in conformance with all applicable county regulations prior to the effective date of the ordinance codified in this section: one acre;

B.

Wineries that were established after the effective date of the ordinance codified in this section: ten acres.

(Ord. 947 § 16, 1990: prior code § 12418)

18.104.245 - Exceptions to winery setback and minimum parcel size for pre-prohibition wineries.

A.

Substantially intact buildings (i.e., four walls and a roof) used as wineries prior to Prohibition, but not being used as wineries as of the date of the addition of this section to the code, may, subject to the approval of a use permit, be used as wineries under all of the provisions of this code otherwise applicable to wineries except as modified by this section. For purposes of this section, such wineries are called pre-Prohibition wineries.

B.

The minimum parcel size for a pre-Prohibition winery shall be two acres. A parcel that is made substandard (i.e., reduced in size to less than ten acres) after the date of adoption of this ordinance is not eligible for the exceptions allowed by this section.

C.

The setback requirements of Section 18.104.235 shall not apply to pre-Prohibition wineries, but the findings required by Section 18.104.235 shall apply to pre-Prohibition wineries.

D.

No pre-Prohibition winery shall necessarily be entitled to the same annual production capacity or type or intensity of social or marketing activity it had prior to Prohibition. These matters shall be determined on a case by case

basis in connection with consideration of the use permit for the pre-Prohibition winery, but in no case shall exceed twenty thousand gallons per year.

E.

For purposes of this section, Prohibition took effect on January 16, 1920.

F.

A winery located on a parcel less than five acres in size shall demonstrate compliance with all applicable water and sewage requirements and that the sewage disposal system shall be contained entirely within the subject parcel.

(Ord. 1205 § 1, 2002: Ord. 1198 § 1, 2002)

(Ord. No. 1330, § 1, 10-27-2009; Ord. No. 1379, § 162, 1-29-2013)

If the permit or certificate authorizes the establishment of a new winery, whether in a new or existing structure, or authorizes the expansion or modification of an existing winery, whether in new freestanding building(s) or in addition(s) to existing structures, and certain of the new structures or additions are authorized by the permit or certificate to be used for tours and tastings, and when so used will be inconsistent with the definition of "tours and tastings" set forth in this title, and/or certain of the structure(s) or addition(s) authorized by the permit or certificate will be inconsistent with the setback requirements established by Section 18.104.230 of this title, said structure(s) must be completed and a certificate of occupancy obtained on or before December 31, 2000.

2.

3.

In all cases (whether a permit or certificate is involved), wine must have been made on or before December 31, 2001, in an amount equal to the greater of the following:

a.

One thousand gallons; or

b.

In an amount equal to at least ten percent of the facility's annual approved production capacity during at least one of the years following the issuance of the permit or certificate but on or before December 31, 2001.

B.

If the requirements of subparagraphs (A)(1) and (A)(2) are met but the requirements of subparagraph (A)(3) are not met, the portion of the permit or certificate which authorizes structures and uses which are inconsistent with Section 18.08.620 ('tours and tastings') or Section 18.104.230 ('setback requirement') shall be of no further force and effect and that portion of the permit or certificate is subject to being formally revoked.

C.

If a structure is built that meets the requirements of subparagraphs (A)(1) and (A)(3) but not (A)(2), the portion of the permit or certificate which authorizes a use which is inconsistent with Section 18.08.620 ('tours and tastings') shall be of no further force and effect and that portion of the permit or certificate is subject to being formally revoked; provided, however, that any lawfully constructed structure may be used for any lawful winery purpose providing that authorization to engage in that use has been, or is, secured.

D.

If the requirements of subparagraph (A)(3) are met, and the requirements of subparagraph (A)(2) are met by virtue of temporarily commencing tours and tastings in a temporary authorized location within the winery, but the requirements of subparagraph (A)(1) are not met, the portion of the permit or certificate which authorizes the construction and/or use of a building which would be inconsistent with Section 18.08.620 ('tours and tastings'), shall remain in effect and the building may be constructed and so used so long as the building does not violate Section 18.104.230 ('setbacks'). In such event, the portion of any use permit or certificate that grants the right to build structure(s) which violates Section 18.104.230 ('setbacks') shall be of no further force and effect and that portion of the permit or certificate is subject to being formally revoked.

E.

Notwithstanding subparagraphs A through D of this section, if the permit or certificate of exemption violates coverage (Section 18.104.220) and the structure or other impervious surface which would violate Section 18.104.220 is not constructed in its entirety on or before December 31, 2000, then the portion of the permit or certificate which authorizes such construction shall be subject to revocation and no building permit for such construction shall be issued regardless of whether or not revocation proceedings have commenced.

(Ord. 1114 § 1, 1996: Ord. 1082 § 8, 1995)

18.104.260 - Required yards.

A.

Except as otherwise provided in this chapter, required yards are to be unobstructed by any building, structure or other improvement constructed on, over or under the ground. No part of a yard required by this title shall be included as part of a yard required for any other lot.

B.

Cornices, eaves, canopies, fireplaces and other similar architectural features, but not including any flatwall or window surface, may extend into any yard a distance not exceeding two feet.

C.

Uncovered porches or stairways, fire escapes or landing places may extend into any required front or rear yard a distance not exceeding six feet and into any required side yard a distance not exceeding one-half the width of the required side yard.

D.

In any district where fifty percent or more of the lots on one side of any block have been improved with buildings other than accessory structures, the required front yard for lots located on that side of the block shall be a depth equal to the average of the actual unobstructed front yards of the lots so improved, but not more than the minimum front yard specified for the district. When computing average depth, the actual unobstructed front yard of each lot shall be deemed to be equal to the minimum front yard specified for the zoning district unless a lesser depth has been recognized as lawful by the county by approval of a variance or through issuance of a certificate of present extent of legal nonconformity in accordance with the procedures set forth in Section 18.132.050. This subsection shall control over any other front yard requirements set forth in this code to the extent such other requirements are inconsistent with this subsection.

a lesser depth has been recognized as lawful by the county by approval of a variance or through issuance of a certificate of present extent of legal nonconformity in accordance with the procedures set forth in Section 18.132.050. This subsection shall control over any other front yard requirements set forth in this code to the extent such other requirements are inconsistent with this subsection.

(Ord. 1003 § 2, 1992: Ord. 982 § 2, 1991; Ord. 867 § 10, 1988; Ord. 511 § 1 (part), 1976; prior code § 12402) 18.104.270 - Fences.

A.

Fence height standards for all districts, except as specified in subsections (C) and (D) below, are as follows:

1.

Fences up to a height of four feet are permitted in the designated front yard setback, except that see-through deer fencing up to eight feet is permitted to support agricultural uses. Fences up to eight feet in height are permitted in side and rear yard setbacks. Fences that exceed a height of six feet in a side or rear yard setback area shall be see-through in nature (e.g., deer or other wire fencing, lattice, or chain link) above the six foot level, unless a fence use permit is granted pursuant to subsection (A)(2) below.

2.

A fence permit consistent with the requirements of subsection (C) of Section 18.126.060 may be granted by the director to modify the requirements of this section of the ordinance, provided that a need can be demonstrated, due to the unique nature of the parcel or surrounding environment, for the proposed fence design.

3.

See-through fences outside of the combined road and yard setbacks may be up to twelve feet in height (this subsection is to provide for agricultural fences, and special purpose uses, such as, but not limited to, tennis courts).

4.

At intersections and driveway entrances, solid fence height in all districts shall not exceed forty-two inches in height within a fifty-five foot corner vision triangle as shown in the diagram below.

==> picture [192 x 142] intentionally omitted <==

B.

No structure (i.e., a fence requiring a building permit) shall be located within the road setback unless a fence permit is obtained per subsection (A)(2) above.

C.

In any CN, CL, MC, and IP districts, all fencing must be specified by use permit or site plan approval, except fences associated with agricultural uses shall be in accordance with subsection (A) above.

D.

In any GI or I district, fencing shall be permitted in required yards as necessary to provide effective screening and security for permitted uses. All fencing shall be specified by use permit or site plan approval, except fences associated with agricultural uses shall be in accordance with subsection (A) above.

E.

For the purposes of this section, fence heights shall be measured from natural grade that exists prior to fence construction.

(Ord. 1227 § 3, 2003: Ord. 1206 § 27, 2002: Ord. 1107 § 4, 1996; Ord. 1003 § 3, 1992: prior code § 12402.1)

(Ord. No. 1370, § 38, 3-20-2012)

18.104.275 - Entry structures. ¶

An entry structure is differentiated from a gate in that an entry structure is greater than six feet tall or contains supports greater than sixty-four inches around. The director may issue a building permit for one entry structure in connection with the primary vehicular entry to the property if it meets all the following standards:

A.

No portion of the entry structure may be constructed within the public road right-of-way unless encroachment permit is approved by the department of public works. No portion of the entry structure may be constructed within a public or private road setback unless a fence permit is obtained pursuant to subsection (A)(2) of Section 18.104.270.

No part of an entry structure may exceed sixteen feet six inches in height.

C. (Reserved).

D.

No newly constructed entry structure shall encroach upon the applicable "visibility requirements for typical intersections and driveways" of the department of public works.

E.

Open gates, and vehicles waiting for gates to open, may not physically obstruct any public road or private road used by the public. No entry structure shall be designed which causes a vehicle to back into the road way if the entry structure is closed. The turnaround area associated with an entry structure shall not include any part of a public right-of-way.

F.

Signs integral to an entry structure (e.g., lettering (other than a street number) built into a stone wall or driveway arch) shall also comply with the standards of Chapter 18.116 of this code (except for height), and shall be specifically identified as part of a use permit or sign permit.

G.

Within required yards and setbacks, other than the setback for wineries specified in Section 18.104.230, any solid portion of an entry structure that exceeds forty-two inches in height may be approved only if the director makes all of the following findings:

1.

The appearance of any solid portions above forty-two inches high would be compatible with the scenic corridor of candidate scenic highways or routes designated by the Napa County general plan;

2.

The architectural design of the entry structure as a whole would be improved by such height; and

3.

Each element of height that exceeds seventy-two inches (six feet) is harmonious with the balance of the structure.

(Ord. 1268 § 7, 2005: Ord. 1260 § 3, 2005: Ord. 1206 § 28, 2002: Ord. 1107 § 5, 1996)

(Ord. No. 1370, § 39, 3-20-2012)

18.104.280 - Miscellaneous improvements in yards.

In addition to the structures and improvements permitted in yards pursuant to Sections 18.104.260 and 18.104.270, the following improvements may be made in required yards:

A.

Water wells and sewage disposal systems if approved by the director;

B.

Decks, patios, parking pads, and/or driveways structurally supported entirely by earth at no higher than natural grade;

C.

Storage sheds less than one hundred twenty square feet in size if building permits are not required, but only if located in rear and side yards;

D.

Swimming pools, spas, trellises, arbors and gazebos, but only if located in rear and side yards and more than five feet away from any property line;

E. (Reserved); and

F.

Ramps for access by handicapped persons from grade to a raised ground floor structural entry.

(Ord. 1056 § 1, 1994; Ord. 1003 § 4, 1992: prior code § 12402.2)

(Ord. No. 1370, § 40, 3-20-2012; Ord. No. 1379, § 163, 1-29-2013)

18.104.290 - Utility service centers. ¶

The following special requirements shall apply if the proposed use is a utility service center which includes equipment yard functions:

A.

Screening.

1.

Equipment yard activities shall be screened from all streets and to the extent possible from adjacent uses, and may involve any combination of structures and landscaping acceptable to the director of planning.

2.

Notwithstanding subsection (A)(1), any screening must include a twenty-foot setback which is covered with a dense landscaping screen on the side and rear property lines of any utility service center that adjoins a parcel that is located within an IP zoning district.

3.

Notwithstanding subsection (A)(1), screening must include the landscaping required by subsection (D)(4) of Section 18.40.110 if the utility service center is located in the industrial park district adjoining a parcel located in a residential or agricultural zoning district.

B.

Noise Barrier. Construction of an effective masonry or other high-mass noise barrier at the setback between the equipment yard component of the facility, including access drives, and any adjacent parcels not located within an agricultural preserve, agricultural watershed, or general industrial zoning district shall be required.

(Ord. 1039 § 3, 1993: Ord. 845 § 1 (part), 1987: prior code § 12424)

18.104.295 - Employee housing. ¶

Notwithstanding any regulations set forth in this chapter, nothing in this chapter shall be construed to require the grant of a use permit for employee housing (as defined in Health and Safety Code Section 17008) where the grant of a use permit is not so required under Health and Safety Code Sections 17021.5 or 17021.6 or successor provisions. If any provision in this chapter conflicts with the mandates of the Employee Housing Act (Part 1 commencing with Section 17000 of Division 13 of the Health and Safety Code) as it relates to employee housing, the provisions of the Employee Housing Act shall supersede the local zoning regulations.

(Ord. No. 1323, § 23, 6-23-2009; Ord. 1246 § 12, 2004)

18.104.300 - Farmworker housing. ¶

Subject to the provisions of Section 18.104.295 where applicable, the following provisions shall apply to farmworker housing:

A.

Except as provided in subsection (D) of Section 18.104.010 and Section 18.104.305, the minimum parcel size for a use permit approved for farmworker housing, as defined by Section 18.08.294 of this code, shall be as follows:

1.

Any farmworker housing unit on a permanent foundation that is not part of a farmworker center, or any farmworker center containing permanent structures must be located on a parcel or parcels containing at least forty acres.

2.

Seasonal farmworker housing (i.e., occupied no more than one hundred twenty days in any calendar year) must be located on a parcel of at least twenty acres, provided that utilities are disconnected or such housing is removed from the site during the remainder of the year.

B.

An unmet need (for the income level and household size) must be demonstrated for housing one full-time qualified farmworker occupant per unit, permanently or seasonally, for the life of the unit. If agricultural employment need is demonstrated for at least one hundred eighty days in each of three successive calendar years, the unit shall be considered "permanent" or "full time" for the life of the unit.

C.

Farmworker housing shall be occupied solely by qualified farmworker occupants as defined by Section 18.08.294 of this code.

D.

Units must be located on the site of a qualifying agricultural employment; or on other lands owned or controlled by the agricultural employer; or if a public agency owns or manages the housing (under a long-term management agreement), within fifteen miles of an adequate amount of agricultural employment to provide full time agricultural employment for one qualified farmworker occupant per unit of farmworker housing.

E.

Farmworker housing may not exceed one thousand two hundred square feet per unit in size.

F.

A congregate farmworker lodging facility shall be deemed to contain one unit for each five beds, rounding up to the next whole unit.

G.

Rent, if any, including utility costs, does not exceed a level affordable to a household of the median income for Napa County.

H.

No more than ten farmworker housing units outside of a permitted farmworker center shall be located on any single parcel.

I.

A minimum of two parking spaces shall be provided per farmworker housing unit outside of farmworker centers, screened from all on- and off-site residences and public streets. Parking areas for temporary or seasonal units shall be surfaced with a pervious surface acceptable to the director of planning, building and environmental services.

J.

A deed restriction is required for all units of permanent farmworker housing constructed on agriculturally zoned parcels. Any division of the land on which the farmworker housing lies, or reduction through any means of the land below the minimum size established in subsection (A) of this section will be subject to review and removal of the unit(s) to ensure conformance with the applicable zoning classification.

K.

Farmworker housing is subject to removal if the agricultural employment upon which need for the unit(s) is based is eliminated. This section shall not apply if a showing is made that elimination of the agricultural use for no more than twenty-four months is related to the long-term functioning of agriculture on the site(s) used to establish the housing need (e.g., crop rotation, replanting, disease or the like).

L.

The owner on which the farmworker housing is located shall certify, on a continuing annual basis, the full name, location(s) of employment, and duration of tenancy of all qualified farmworker occupants pursuant to Section 18.08.294 of this code.

M.

A farmworker housing unit that ceases to be occupied in compliance with this code shall not be converted to another use or occupancy until each public housing authority operating within fifteen miles of the site has been notified of the intent to convert at least sixty days prior to the conversion and has had the opportunity to meet and confer with the property owner. A public housing authority, or another housing provider designated by the authority, may continue to operate the farmworker housing unit(s) for occupancy by persons employed in agriculture within fifteen miles of the housing site, upon submittal to the department of an occupancy agreement executed by the authority, its agent if any, and the owner. However, if such an agreement is not reached, the use shall be subject to review for revocation or modification pursuant to subsection (K) above to the extent it is occupied by persons who are not qualified farmworkers as defined by Section 18.08.294.

(Ord. 1246 § 13, 2004: Ord. 1195 § 4, 2002: Ord. 1191 § 1, 2002: Ord. 1104 § 32, 1996: Ord. 1099 § 2, 1996: Ord. 1040 § 7, 1993: prior code § 12426)*

(Ord. No. 1323, § 24, 6-23-2009; Ord. No. 1379, § 164, 1-29-2013)

Editor's Note: Ord. 1099 contained two sections numbered 2.

18.104.305 - Farmworker centers—Owned or managed by local government agency or non-profit organizations.

Subject to the provisions of Section 18.104.295 where applicable, the following provisions shall apply to farmworker housing:

A.

Notwithstanding subsection (A) of Section 18.104.300, a farmworker center as described in subsection (A)(2) of Section 18.104.310, that is, a congregate housing facility occupied for no more than three hundred thirty days in a calendar year, comprised of permanent structures which are either owned or managed under a long term lease by a local government agency or non-profit organization may be located on a parcel of two or more acres, subject to all of the following conditions, together with applicable conditions in subsection (B), if any:

1.

The farmworker center may be occupied by no more than sixty farmworkers at any one time;

2.

No more than five new farmworker centers may be established pursuant to this section after March 7, 2002;

3.

The local government agency or non-profit organization shall operate the farmworker center in accordance with all applicable provisions of both this code and applicable state and federal law.

B.

If a newly created parcel is conveyed or leased to a local government agency or non-profit organization to operate a farmworker center pursuant to subsection (A), above, and the local government agency or non-profit organization ceases to use the parcel for a farmworker center, then all of the following conditions shall apply:

1.

The local government agency or non-profit organization shall, within six months, directly reconvey the parcel to the grantor or cancel the lease in such a manner as to merge it into the parcel from which it was divided;

2.

The local government agency or non-profit organization may not convey a parcel which does not satisfy the requirements of Section 18.104.300 to any third persons other than successors in interest of the grantor;

3.

The use permit for the farmworker center shall automatically expire;

4.

The parcel may thereafter be used only for purposes otherwise allowed by applicable zoning;

5.

The local government agency or non-profit organization shall submit a plan to the director describing the action it will take to ensure that future use of the structures conform to zoning applicable to the parcel at the time of reconveyance, including, but not limited to, demolition of the structures, modification of the structures to make them not habitable for residential use, or conversion of the structures to a use allowed by the zoning.

C.

No parcel shall be created for the purpose of establishing a farmworker center pursuant to this section and subsection (D) of Section 18.104.010 unless the local government agency or non-profit organization first agrees in writing to accept title to the parcel or to enter into a long-term lease.

D.

A use permit for a farmworker center issued pursuant to this section shall automatically expire if the parcel is not used as a farmworker center within three years after execution of the conveyance of the parcel.

E.

A use permit for a farmworker center issued pursuant to this section shall automatically expire if the farmworker center is not used for two consecutive growing seasons, provided that, if the director receives written notice that the farmworker center is temporarily closed for rehabilitation, growing seasons during which rehabilitation is taking place shall not be counted.

F.

To the extent it is legally permissible, language that ensures the conditions in subsections (A) and (B), above, shall be included in any deed or lease by which property is acquired by a local government agency or non-profit organization for use as a farmworker center pursuant to this section.

G.

Notwithstanding subsection (A)(3) of Section 18.104.330, a farmworker center established pursuant to this section may provide information regarding, and referral of farmworkers to, employment, social and community, and health services.

H.

For purposes of this section, long term lease means forty years or longer.

(Ord. No. 1323, § 25, 6-23-2009; Ord. 1246 § 14, 2004: Ord. 1227 § 4, 2003: Ord. 1191 § 3, 2002; Ord. No. 1495, § 41, 9-24-2024)

18.104.310 - Farmworker centers. ¶

Subject to the provisions of Section 18.104.295 where applicable, the following provisions shall apply to farmworker housing:

A.

Farmworker centers, defined by Section 18.08.293 of this code, may consist of any of the following types of farmworker housing, or combination thereof, totaling two independent residential units or five beds or more:

1.

Permanent single-family dwelling units.

2.

Congregate housing facilities, such as dormitories, occupied for no more than two hundred seventy days in a calendar year, provided that publicly owned and operated congregate housing facilities may be occupied for no more than three hundred thirty days in a calendar year.

3.

Temporary trailers, occupied for no more than one hundred twenty days in a calendar year.

B.

Farmworker centers shall, in addition to the requirements of Section 18.104.300, meet the following standards:

1.

All farmworker center parking areas shall be screened from adjacent property boundaries and from public roads. All permanent farmworker centers, and all seasonal farmworker centers containing any permanent structures, shall be screened along the entire perimeter by landscaping, excluding driveways and farm service roads located more than one hundred yards from any residence on adjacent parcels. Seasonal farmworker centers without permanent structures shall, at a minimum, landscape any frontage on a public road.

2.

Exterior lighting of farmworker centers shall be low profile and limited to security needs only; all exterior lights shall be shielded from streets and any off-site residences.

3.

A farmworker center shall have an adequate management plan to demonstrate ability to comply with all requirements.

4.

A farmworker center shall comply with all health and safety and building codes, and requirements of state law.

At least one (standard-sized) parking space per unit shall be provided, or one space per three beds, whichever is more, as well as one space per farmworker center employee (e.g., manager).

C.

Seasonal farmworker centers shall, in addition to the other requirements of this code, meet the following standards:

1.

A seasonal farmworker center may contain no more than twenty units/acre, or sixty beds total, whichever is less.

2.

Any permanent structures utilized as part of a seasonal farmworker center must either have existed on June 24, 1993, or be constructed within the farmworker housing development area as defined by Section 18.104.320.

3.

Where seasonal farmworker centers consist entirely of "farm labor trailers," as defined by Section 15.40.010 of this code, such trailers shall be removed for storage in non-agriculturally-zoned areas, or be placed within existing buildings or existing fully- screened enclosures, for the remaining two hundred forty or more days each year.

D.

Any beds occupied for more than one hundred twenty days in a farmworker center shall be located in permanent structures. Any use permit allowing a farmworker center is subject to revocation in accordance with the procedures set forth in Section 18.124.120 of this code if any part of the farmworker center is occupied for than two hundred seventy days in any calendar year, provided that publicly owned and operated congregate housing facilities may be occupied for three hundred thirty days in any calendar year.

(Ord. No. 1323, § 26, 6-23-2009; Ord. 1158 § 1, 1999: Ord. 1099 § 2, 1995: Ord. 1040 § 8, 1993: prior code § 12427)*

Editor's Note: Ord. 1099 contained two sections numbered 2.

18.104.320 - Farmworker center development area.

A.

The farmworker center development area shall be a contiguous area consisting of the aggregate paved or impervious ground surface of the approved or recognized buildings, decks, patios, and exclusive driveways, and parking areas.

B.

Farmworker centers as defined by Section 18.08.293, which were permitted on or before the date of adoption of the ordinance codified in this chapter, shall not be expanded beyond the farmworker center development area; except that farmworker housing may be added if it complies with subsection (A) or (B) of Section 18.08.294 or if it is a permitted use in the zoning district.

(Ord. No. 1323, § 27, 6-23-2009; Ord. 1040 § 9, 1993: prior code § 12428)

18.104.330 - Accessory farmworker center uses. ¶

A.

Any or all of the following uses, if included specifically in a use permit, may be permitted as an accessory use for residents of an authorized farmworker center. Such accessory uses must be located either in a single community building or in a permitted location outdoors, and such uses may not be advertised to the general public:

1.

Food service for residents of the farmworker center;

2.

Laundry facilities for residents of the farmworker center;

3.

At an authorized farmworker center which is operated by a public housing authority on January 1, 1995, and without the establishment of permanent facilities therefor:

a.

Information and referral to employment services for residents of the farmworker center.

b.

Information and referral to social and community services for residents of the farmworker center.

c.

Information and referral to health services for residents of the farmworker center.

(Ord. No. 1323, § 28, 6-23-2009; Ord. 1099 § 3, 1996: Ord. 1040 § 10, 1993: prior code § 12429)

18.104.340 - Outdoor recreation—General standards. ¶

The following general standards shall apply to all permitted parks and recreation uses and facilities as defined by Section 18.08.428 and all campgrounds as defined by 18.08.118:

A.

Adequate water supply and sewage disposal consistent with the requirements of the department shall be provided.

B.

Adequate access for the intensity of use proposed and to accommodate access by emergency equipment as specified by the county public works department and the county fire department shall be provided.

C.

Adequate on-site parking, where needed to accommodate the proposed use, shall be provided on site.

D.

Garbage service and litter cleanup consistent with department standards shall be provided.

Continuous management of the use shall be provided, through on-site supervision or an adopted state-of-the-art management plan that includes appropriate implementation.

F.

The recreational use shall fully provide for appropriate buffer zones and/or fencing to avoid adverse impacts to adjoining agricultural and residential activities.

G.

The recreational use shall fully provide for appropriate buffer zones and/or fencing for protection of adjoining habitats and erosion hazard areas.

H.

Impervious surfaces shall be minimized to the greatest feasible extent.

I.

Such use shall not result in the displacement of existing agricultural use, as defined in the Napa County Code.

(Ord. 1105 § 9, 1996)

(Ord. No. 1326, § 9, 9-22-2009; Ord. No. 1379, § 165, 1-29-2013)

18.104.350 - Outdoor recreation—Environmental performance standards.

In addition to the standards of Section 18.104.340, the following environmental performance standards shall apply to all permitted parks and recreational uses and facilities as defined by Section 18.08.428, all quasi-private recreation uses and facilities as defined by Section 18.08.494, and all campgrounds as defined by Section 18.08.118:

A.

Noise. No noise shall be produced which exceeds the standards set forth in the general plan noise element and Chapter 8.16 of the Napa County Code for adjacent residential uses.

B.

Odors. No obnoxious off-site odors shall be produced.

C.

Dust. Best management practices for dust control shall be utilized and no dust may travel off-site.

D.

Nighttime Lighting. Any exterior lighting shall be shielded and directed downward, shall be located as low to the ground as practicable, shall be the minimum necessary for security, safety, and/or operations, and shall be in keeping with the natural open space character of the site. Where visible, structures shall utilize non-reflective materials to the greatest extent practicable.

E.

Aesthetics. Landscaping and/or fencing shall be required as necessary to reduce adverse visual impacts to the public.

F.

Fire. The use shall result in minimal added fire hazard. The use shall meet all requirements of the applicable fire protection agency for fire prevention and suppression.

G.

Pests, including Weeds and Vectors. The use shall result in minimal added pest hazards. If necessary, appropriate suppression methods shall be provided.

H.

Safety. Facilities shall be designed and the use shall be conducted in a manner that minimizes safety hazards to users, adjacent residents, and adjacent livestock.

I.

Erosion. Facilities shall be designed to produce a minimum of soil erosion, and managed and maintained so as to promptly restore any damage from erosion.

(Ord. No. 1326, § 10, 9-22-2009; Ord. 1105 § 10, 1996)

Sleeping structures shall be limited in size, character and number as follows:

1.

The number and size of sleeping structures on any one property shall be commensurate with the approved level of hunting activity.

2.

Sleeping structures shall not have permanent foundations, electrical facilities, or gas facilities.

3.

Sleeping structures shall be rustic in character and appearance.

4.

Any sleeping structure with a roof area greater than one hundred twenty square feet shall obtain a building permit.

(Ord. 1105 § 13, 1996)

18.104.390 - Outdoor recreation—Findings.

In addition to findings required by Section 18.124.070, the approving agency must make all the following findings prior to issuance of a use permit for parks or rural recreation uses and facilities or campgrounds:

A.

The use is shown by evidence in the record to be appropriately located.

B.

There is a demonstrated need for the use within the county.

The use does not significantly affect the ability to conduct existing agriculture uses on site or nearby.

D.

The use does not significantly affect potential agricultural operations on site or nearby.

E.

The use itself would not be adversely affected by adjacent agricultural activities.

F.

The use is not growth-inducing.

G.

The use serves local needs.

(Ord. No. 1326, § 12, 9-22-2009; Ord. 1105 § 14, 1996)

18.104.400 - Hot air balloon launching site—Findings. ¶

In addition to the findings required in Section 18.124.070, the approving agency must make all of the following findings prior to issuance of a use permit for a hot air balloon launching site:

A.

The proposed launch site is located more than five hundred feet from any off-site residence or if the launch site is proposed within five hundred feet of any off-site residence, the permittee has submitted written consent to the planning department from the owners or residents of any off-site residence within five hundred feet stating that they have no objection to the proposed launch site;

B.

The permittee has submitted a signed statement which acknowledges that the permittee: (1) has read the county's adopted code of conduct; (2) agrees that all users of the launch site will be bound by the county's adopted code of conduct; and (3) certifies that all activities within the last year at any other sites operated by the permittee have complied with the county's adopted code of conduct;

C.

The permittee has provided written authorization from either the property owner where the launch site is proposed or the property owner's authorized agent together with a statement from the property owner or the property owner's authorized agent confirming that balloon launchings will not interfere or conflict with any existing or planned agricultural uses on the property;

D.

The site is proposed for use only between the hours of five-thirty a.m. and nine-thirty a.m.;

E.

The permittee has provided the planning department with a certificate of insurance naming the county and the property owner as additional insureds on the personal injury/property damage insurance in an amount acceptable

to the county's risk manager and which is consistent with the county's corporation yard license requirements currently existing or as amended;

F.

The permittee has provided a list of intended landing areas that are both reasonable given the launch location and prevailing winds and permitted or allowed; and

G.

The permittee and each balloon operator utilizing the permittee's launch site agree to conduct their operations so as to remain in good standing with the county. For purposes of this section, "in good standing with the county" means that within the last twelve-month period, the county has not received more than three verified complaints or a number of verified complaints equivalent to three percent of the total number of launches, whichever is greater. All complaints must be: (1) submitted on a form provided by the planning department for verification; and (2) submitted by a property owner or resident who has certified that the permittee or a balloon operator using the permittee's launch site has landed on the property owner's or resident's property without permission.

(Ord. 1276 § 1, 2006)

18.104.410 - Transient commercial occupancies of dwelling units prohibited.

A.

Transient commercial occupancies of dwelling units are prohibited in all residential and agricultural zoning districts within the county.

B.

Definitions. Unless otherwise defined in Chapter 18.08, the following definitions shall apply to this section:

1.

"Commercial use" shall have the same meaning as commercial use in Section 18.08.170, except it shall not include house exchanges, where owners or occupants swap homes for vacation purposes.

2.

"Occupancies" means the use or possession or the right to the use or possession of real property or a portion thereof, including any dwelling unit, single family dwelling unit, guest cottage, or accessory dwelling unit, for dwelling, lodging or sleeping purposes. The right to use or possession includes any nonrefundable deposit or guaranteed no-show fee paid by a person, whether or not the person making the deposit actually exercises the right to occupancy by using or possessing any property or portion thereof.

3.

"Transient commercial occupancies of dwelling units" means any commercial use of a dwelling unit for a period of time less than thirty consecutive days. It does not include occupancies associated with farm labor camps, residential care facilities, family day care homes, or legally permitted bed and breakfast establishments, hotels or motels.

Liability and Enforcement.

1.

Any property owner, or authorized agent thereof, who uses or allows, or who knowingly arranges or negotiates for the use of, transient commercial occupancies of dwelling units in violation of this section shall be guilty of either an infraction or a misdemeanor.

2.

Any property owner, or authorized agent thereof, who prints, publishes, advertises or disseminates in any way, or causes to be printed, published, advertised or disseminated in any way, any notice or advertisement of the availability of transient commercial occupancies of dwelling units as prohibited by this section, shall be guilty of either an infraction or a misdemeanor.

3.

In addition to the penalties set forth in subsections (C)(1) and (2) above, violators of this section may be subject to a public nuisance abatement action brought under the provisions of Chapter 1.20 and the civil penalty provisions of up to one thousand dollars per violation per day as provided in subsection (B) of Section 1.20.155 and subject to an unfair competition action brought pursuant to Business and Professions Code Section 17200 et seq. and up to two thousand five hundred dollars per violation civil penalty allowed thereunder.

4.

Any person who uses, or allows the use of transient commercial occupancies of dwelling units prohibited by this section shall also be liable for the transient occupancy tax that would have been owed under Chapter 3.32 had the occupancy use been legal, including the penalty and interest provisions of Section 3.32.080.

5.

The civil remedies and penalties provided by this subsection are cumulative to each other.

(Ord. No. 1332, § 2, 12-15-2009, eff. 12-1-2010; Ord. No. 1495, § 42, 9-24-2024)

18.104.420 - Supportive and transitional housing. ¶

Pursuant to Government Code Section 65583(c)(3), transitional and supportive housing are considered a residential use of property subject only to the same restrictions that apply to other residential dwellings of the same type in the same zone.

(Ord. No. 1323, § 29, 6-23-2009)

(Ord. No. 1495, § 43, 9-24-2024)

18.104.430 - Napa County Landmarks of Special Significance—Findings.

In addition to the findings required in Section 18.124.070, the approving agency must make all of the following findings prior to issuance of a use permit for reuse of the Landmarks of Special Significance identified in subsection (C) of Section 15.52.035:

The reuse will support the long-term preservation of the Historical Resource and the applicant has agreed to rehabilitate and maintain the resource in conformance with the Secretary of the Interior's Standards for Preservation Projects.

B.

The reuse will enhance public understanding and appreciation for the county's cultural heritage.

C.

The reuse is compatible with agriculture because it does not displace an agricultural use, conflict with a Williamson Act contract, or increase the likelihood of conflicts between users of the site and nearby agricultural activities.

D.

The reuse does not constitute urbanization because it re-establishes one or more historic uses of the property in extant historic buildings and does not require inappropriate alterations or extensive additions to the buildings. For purposes of this section, inappropriate alterations are those that do not conform with the Secretary of the Interior's Standards, and extensive additions are those that exceed five hundred gross square feet.

E.

The reuse is supported by adequate off-street parking, adequate water supplies, and an adequate waste disposal system.

F.

The property owner has agreed to maintain the Historical Resource in accordance with the Secretary of the Interior's Standards, has provided a written maintenance plan prepared by a Qualified Preservation Professional, and shall reimburse the county for the cost of an annual inspection for the duration of the use permit.

(Ord. No. 1367, § 9, 12-6-2011)

18.104.440 - Two-unit developments. ¶

This section provides objective zoning standards for two-unit developments within single-family residential zones to implement the provisions of Government Code Section 65852.21, to facilitate the development of new residential housing units consistent with the County's Housing Element, and to ensure sound standards of public health and safety.

A.

Definitions: As used in this chapter.

1.

A person "acting in concert with the owner," means a person that has common ownership or control of the subject parcel with the owner of the adjacent parcel, a person acting on behalf of, acting for the predominant benefit of, acting on the instructions of, or actively cooperating with, the owner of the parcel being subdivided.

2.

2.

The parcel is not a parcel on which an owner of residential real property has exercised the owner's right under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within the last 15 years before the date that the development proponent submits an application.

3.

The two-unit development does not include the demolition of more than twenty-five percent of the existing exterior structural walls unless the site has not been occupied by a tenant in the last three years.

The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Napa County landmark or historic property or historic district pursuant to a Napa County ordinance.

5.

The two-unit development complies with all objective zoning standards, objective subdivision standards, and objective design review standards applicable to the parcel as provided in the zoning district in which the parcel is located, and all applicable objective Napa County ordinances; provided, however, that:

a.

The application of such standards shall be modified if the standards would have the effect of physically precluding the construction of two units on the parcel or would result in a unit size of less than eight hundred square feet. Any modifications of development standards shall be the minimum modification necessary to avoid physically precluding two units of eight hundred square feet each on each parcel.

b.

Notwithstanding subsection (5)(a) above, required rear and side yard setbacks shall equal four feet, except that no setback shall be required for an existing legally created structure, or a structure constructed in the same location and to the same dimensions as an existing legally created structure.

c.

For a two-unit development connected to an onsite wastewater treatment system, the applicant must provide a percolation test completed within the last five years, or if the percolation test has been recertified, within the last ten years.

6.

Proposed adjacent or connected dwelling units shall be permitted if they meet building code safety standards and are designed sufficient to allow separate conveyance. The two-unit development shall provide a separate gas, electric and water utility connection directly between each dwelling unit and the utility.

7.

Parking. One parking space shall be required for each unit constructed on the site, except that no parking is required where:

a.

The parcel is located within one-half mile walking distance of either a stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

b.

There is a designated parking area for one or more car-share vehicles within one block of the parcel.

8.

Dwelling units created by a two-unit development may be used for residential uses only and may not be used for rentals of less than thirty days.

9.

No more than two dwelling units may be located on any lot created through an urban lot split pursuant to Chapter 17.17, including primary dwelling units, accessory dwelling units, junior accessory dwelling units, density bonus units, and units created as a two-unit development.

10.

If any existing dwelling unit is proposed to be demolished, the applicant must comply with the replacement housing provisions of Government Code Section 66300(d).

D.

Application Requirements. An application for a two-unit development shall include the following:

1.

Declaration of Prior Tenancies. If any existing housing is proposed to be altered or demolished, the owner of the property proposed for a two- unit development shall sign an affidavit, in a form approved by county counsel, stating that none of the conditions listed in Section 18.104.440.C.1 and 18.104.440.C.2 above exist and shall provide a comprehensive history of the occupancy of the units to be altered or demolished for the past three years (five years if an existing unit is to be demolished).

2.

No Subdivision. At the time of application for a two-unit development where there is no urban lot split, the property owner shall acknowledge in writing that neither of the two units may be sold separately unless a subdivision is recorded.

3.

Recorded Covenant. Prior to the issuance of a building permit for a two-unit development, the owner shall record a covenant in the form approved by county counsel to notify future owners of the prohibition on non-residential uses of any units constructed on the site, including a prohibition against renting or leasing the units for fewer than thirty consecutive calendar days. requirements of this subsection.

E.

Specific Adverse Impacts. In addition to the criteria listed in this section, a proposed two-unit development may be denied if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. A "specific adverse impact" is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation and eligibility to claim a welfare exemption are not specific health or safety impacts.

F.

Enforcement. County counsel shall be authorized to abate violations of this chapter and to enforce the provisions of this chapter and all implementing agreements and affidavits by civil action, injunctive relief, and any other proceeding or method permitted by law. Remedies provided for in this chapter shall not preclude the county from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 1495, § 44, 9-24-2024)

Chapter 18.106 - VIEWSHED PROTECTION PROGRAM

18.106.010 - Purpose. ¶

The purpose and intent of these regulations is to protect the public health, safety, and community welfare and to otherwise protect the scenic quality of the county both for visitors to the county as well as for its residents by ensuring that future improvements are compatible with existing land forms, particularly county ridgelines and that views of the county's many unique geologic features and the existing landscape fabric of the county's hillside areas are protected and preserved. These regulations are consistent with the goals and policies of the Napa County general plan, particularly as specified in the land use, open space and conservation, circulation and the scenic highways elements. Furthermore, it is intended that these regulations accomplish the following:

A.

Provide hillside development standards to minimize the impact of man-made structures and grading on views of existing landforms, unique geologic features, existing landscape features and open space as seen from designated public roads within the county;

B.

Protect and preserve views of major and minor ridgelines from designated public roads;

C.

Create a development review process that maximizes administrative, staff level approval of projects which meet administrative standards, while also providing a vehicle for review by the zoning administrator or planning commission of those projects that do not meet the administrative standards;

D.

Minimize cut and fill, earthmoving, grading operations and other such man-made effects on the natural terrain to ensure that finished slopes are compatible with existing land character; and

E.

Promote architecture and designs that are compatible with hillside terrain and minimize visual impacts.

(Ord. 1278 § 1 (part), 2006: Ord. 1189 § 3 (part), 2001)

18.106.020 - Definitions. ¶

Unless otherwise specified, the terms indicated below shall have the following meaning:

"Accessory structures" shall mean structures that are subordinate and supplementary to the predominate use of the parcel, be it agricultural, residential, or a combination thereof.

"Agricultural structure" shall mean a structure supportive and/or ancillary to an authorized on-site agricultural use as defined by Section 18.08.040 of the code.

"Benches" or "shelves" shall mean flat areas which could be used as a building site which are otherwise surrounded by slopes of fifteen percent or greater.

"Building height" shall be as defined in the currently adopted edition of the California Building Code used by the county.

"Code" means the Napa County Code.

"Commission" shall mean the Napa County planning commission.

"Defensible space" shall be interpreted pursuant to the requirements of Chapter 3 of Part 2 of Division 4 of the Public Resources Code (commencing with Section 4290).

"Department" shall mean the Napa County planning, building and environmental services department.

"Design Manual" shall mean the manual entitled "Viewshed Protection Manual" on file with the department. The Design Manual shall contain graphic examples of major and minor ridgelines, projects which do and do not meet the criteria contained in this chapter, and landscape plan provisions.

"Designated public roads" shall mean scenic highways as identified in Figures 75 and 76 of the scenic highways element of the Napa County general plan, and such other county roads as may be designated by resolution of the board of supervisors.

"Director" shall mean the director of the planning, building and environmental services department and/or the director's designee.

"Floor area" shall be defined to be the area encompassed by the outside surface of the structure foundation.

"Grading" shall be as defined in Section 18.108.030 of the code. Grading includes earthmoving activity as defined in Section 18.108.030 of the code.

"Major ridgeline" shall mean a ridgeline, which is prominently visible from a substantial land area within the county. Major ridgelines are characterized by the lack of a topographical backdrop where the sky is visible beyond the ridge.

"Minor ridgeline" shall mean a ridgeline which is not prominently visible to a large area of the county. Minor ridgelines are typically lower in height, when compared to the surrounding terrain and may be visible only to a limited area, or have a backdrop of a nearby higher topographical feature.

"Predominant portion" shall mean the principal or main part of the structure including architectural features likely to be silhouetted against the sky.

"Ridgeline" shall mean a visually prominent, relatively narrow strip or crest of land, which includes the highest points of elevation within a watershed, that separates one drainage basin from another.

"Slope" shall be determined in the same manner as defined in Section 18.108.030 of the code.

"Structures" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or comprised of parts joined together in some definite manner. Structure includes, but is not

limited to, primary and accessory buildings, single-family residences and improvements, additions, reconstruction and remodeling to said structures.

"Substantial views" shall mean views of a structure wherein fifty-one percent or more of the area facing the designated road(s) can be seen.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 1, 2003: Ord. 1189 § 3 (part), 2001)

(Ord. No. 1379, § 166, 1-29-2013)

18.106.030 - General provisions.

A.

Applicability—New and Expanded Structures. No building permit, erosion control plan for structural development, grading or other administrative permit shall be issued by any county staff, agency or department for any new structure or improvement to an existing structure if the structure is located on a slope of fifteen percent or more as defined in Section 18.106.020 or if the structure is located on any minor or major ridgeline as defined in Section 18.106.020 except as specifically provided for herein. The ordinance codified in this section shall apply to all new structures located on slopes of fifteen percent or more or located on a minor or major ridgeline. In the event of a conflict among the regulations in this chapter and those elsewhere in this code, the regulations in this chapter shall prevail. The provisions of this chapter shall also apply to projects undertaken by public agencies and special districts except for the maintenance of existing county public roads within existing rights-of-way.

B.

Applicability—Grading or Earthmoving Activities. No permit or administrative or discretionary approval shall be issued to authorize any grading or earthmoving activity, including grading or earthmoving necessary to create or improve an existing or new driveway, road or other access, or benches or shelves, if such earthmoving or grading would occur on slopes of fifteen percent or more until the applicant has complied with the applicable provisions of this chapter. Agricultural roads within planted areas subject to erosion control plans under Chapter 18.108 of the code shall not be subject to this requirement.

C.

Relationship to the Review of Tentative Parcel Maps, Final Maps, and Subdivision Maps. All future building sites identified on either a tentative parcel map, final map, or subdivision map shall be reviewed and conditions of approval established to ensure conformity with the purpose and intent of this chapter.

D.

Relationship to Previously Approved Use Permits and Small Lot Subdivisions. All structures described in a use permit approved prior to the effective date of Ordinance Number 1189 shall not be subject to the requirements of this chapter. Parcels in small lot subdivisions (defined as groups of at least five parcels of less than two acres each for the purposes of this section) established prior to the effective date of Ordinance Number 1268 shall not be subject to the requirements of this chapter.

E.

Relationship to Previously Accepted or Approved Building Permits. All residential structures or accessory structures for which a building permit was approved prior to the effective date of Ordinance Number 1189, or for which a building permit application had been accepted and deemed complete for departmental review by the

county prior to December 1, 2001, shall not be subject to the requirements of this chapter. Such structures and the accompanying permits may be modified prior to the final occupancy inspection if the predominant portion of the proposed modifications to the structure is screened from view from a designated public road by natural vegetation, landscaping, architectural design, and colortone that is in accordance with the Design Manual and provisions of this chapter.

F.

Relationship to Use Permit Applications. Applications requiring the issuance of a use permit or use permit modification, as required by the code, will be reviewed for their adherence to the requirements of this chapter during the application process for the issuance of the use permit or use permit modification.

G.

Relationship to Conservation Regulations. The structures or activities referred to in Section 18.108.050, except subsections (A) and (B), shall be exempt from the requirements of this chapter and will be cleared for further processing.

H.

Determination of Adverse Effects on Ridgelines. The director shall determine whether the proposed location of a structure could adversely affect a minor or major ridgeline for the purpose of administering this chapter based upon elevation of the proposed structure, the height of its roof line and the location of the structure in relationship to surrounding topography.

I.

Application Form and Fee. Applications for new, expanded or remodeled structures subject to this chapter shall be submitted to the department on a form provided by the department accompanied by a fee determined by a resolution adopted by the board of supervisors.

(Ord. 1278 § 1 (part), 2006: Ord. 1268 § 8, 2005: Ord. 1232 § 2, 2003: Ord. 1189 § 3 (part), 2001)

18.106.040 - Projects subject to administrative review.

A.

General Provisions. Permit applications which meet the criteria in subsection (A) or (E) of Section 18.106.030, and/or grading or earthmoving activities meeting the criteria in subsection (B) of Section 18.106.030, shall be submitted to the department for review by the director. If the application, either as submitted, or upon the inclusion of specified measures, meets the criteria specified in subsection (B) or (C) of this section, the director shall certify that the project complies with the applicable provisions of this chapter and the project will then be cleared for continuing processing pursuant to Title 15 of the code. The director may require the submittal of additional information including, but not limited to, a photo or computer simulation of the project and associated improvements, prior to determining that the project meets the criteria contained in this chapter.

B.

Visibility Determination. If the director determines that the project cannot be viewed from any designated public road, because of its relationship to surrounding topography or existing vegetation, then the project will be cleared for further processing pursuant to the code. If the determination was made based on existing vegetation coverage, then the property owner, prior to the issuance of a building permit, shall be required to execute and record in the

county recorder's office a use restriction, in a form approved by county counsel, requiring the existing covering vegetation to be maintained, or replaced with equivalent vegetation, by the owner or the owner's successors, so as to prevent the project from being viewed from any designated public road.

C.

Administrative Criteria. A project shall be certified and cleared for further processing, if the director determines that a project meets all of the following conditions:

1.

The highest point of the proposed structure is located more than twenty-five vertical feet below a major or minor ridgeline;

2.

The project as designed and sited meets all of the following standards and substantially conforms to the Design Manual:

a.

The maximum floor area, including all floors, of the main residence or agricultural structure is four thousand square feet or less and the maximum floor area, including all floors, for accessory structures are a combined total of two thousand five hundred square feet or less,

b.

The height of the structure is twenty-four feet or less as measured from finished grade along fifty percent or more of the longest wall as viewed from any designated public road,

c.

The improvement(s), including any required earthmoving or grading associated with the structure shall minimize removal of existing vegetation with emphasis on preserving mature trees. If the improvements require the removal of any tree with a diameter of six inches or greater, a detailed landscaping plan shall be prepared showing the location and replacement of trees and vegetation in a manner which screens the improvements from substantial views from designated public roads and provides for defensible space in conformance with state law,

d.

A significant portion of natural on-site vegetation has been retained to naturally screen the project from views of designated public roads,

e.

Landscaping will be installed and designed to screen the project from substantial views from designated public roads,

f.

The project lighting, including site lighting, has been designed to minimize off-site visibility and glare,

g.

The exterior color treatment of the structure will blend with the color of surrounding vegetation and landforms,

h.

Exterior windows and trim are nonreflective, and

i.

Roof angles and composition are designed to conform to existing landforms and landscape;

3.

If the structure is an addition to an existing residence or an agricultural structure, the total floor area, including all floors shall not exceed four thousand square feet. If the addition pertains to an accessory structure, the total floor area, including all floors, shall not exceed a combined total of two thousand five hundred square feet;

4.

The project as sited and designed shall be in substantial compliance with the Design Manual to reduce its visual impact on the views of major and minor ridgelines as viewed from any designated public road and unique topographic or geologic features as viewed from any county road. The following landforms will be considered to be unique topographic or geologic features for the purposes of this subsection: Mt. St. Helena, Stag's Leap, Calistoga Palisades, Round Hill, Mt. George and Mt. St. John;

5.

Involves the grading of less than one and one-half acres of land;

6.

Future structures, including roads, driveways, wastewater disposal systems, and necessary earthmoving to construct project improvements shall be located to avoid environmentally sensitive areas as defined by Section 18.08.270 of the code;

7.

A detailed landscape plan prepared by a qualified landscape professional shall be prepared which incorporates the criteria set forth in the Design Manual for review and approval by the director.

D.

Prior to the issuance of a building permit for any project authorized under this section, the property owner shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring building exteriors, and existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successors so as to maintain conformance with either subsection (B) or (C) of this section.

E.

Projects that do not satisfy the criteria and standards contained in Section 18.106.040 shall be subject to review and approval under Section 18.106.050.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 3, 2003: Ord. 1189 § 3 (part), 2001)

18.106.050 - Processing of projects subject to review and approval by the zoning administrator or the commission.

A.

If the director determines that a project does not meet the criteria in Section 18.106.040 the project shall not be cleared for further processing until the findings contained in subsection (B) of this section are made and a permit is issued by the zoning administrator, or upon referral, by the commission.

B.

The zoning administrator or commission shall make all of the following findings prior to approving a project:

1.

The project as designed or modified is consistent with Chapter 18.108 of the code;

2.

If the highest point of the proposed project is located more than twenty-five vertical feet below a major or minor ridgeline, that measures have been included in the project to reduce its visual impact on the major or minor ridgeline through use of existing natural vegetation, landscaping, topographical siting, architectural design, and colortone; or if the highest point of the proposed structure is within twenty-five vertical feet of a major or minor ridgeline, that the existing vegetation, proposed landscaping, topographical siting, architectural design, and colortone screen the predominant portion of the proposed structure;

3.

The proposed structure, access roads and other site improvements are sited and designed to minimize adverse effects on views from designated public roads;

4.

The proposed structure, access road and other site improvements, including earthmoving or grading, and benches or shelves minimize the removal of vegetation;

5.

The siting and design of site improvements and access roads minimize grading and alteration of natural landforms and topography;

6.

A landscape and/or vegetation retention plan in conformance with the Design Manual has been submitted and approved for the site that would provide maximum screening from designated public roads through preservation of existing vegetation and the planting of new vegetation and provide for defensible space in conformance with state law;

7.

The proposed structure and associated improvements substantially conform with the Design Manual in order to reduce their visual impact on the views of major and minor ridgelines as viewed from any designated public road and unique topographic or geologic features as viewed from any county road. The following landforms will be

considered to be unique topographic or geologic features for the purposes of this subsection: Mt. St. Helena, Stag's Leap, Calistoga Palisades, Round Hill, Mt. George and Mt. St. John;

C.

counsel, requiring building exteriors, and existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successor so as to maintain conformance with subsection (B) of this section;

D.

If one or more of the findings in subsection (B) of this section cannot be made, the application shall be forwarded to the commission for a possible exception pursuant to Section 18.106.070.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 4, 2003: Ord. 1189 § 3 (part), 2001)

18.106.060 - Required public and private notification.

A.

Within seven days of the issuance of a tentative decision that the project is subject to administrative approval under Section 18.106.040, the director shall give notice of his tentative decision, including the date on which the tentative decision will become final, which date shall be ten calendar days following the date notice of the tentative decision is mailed.

1.

The notice shall be provided to the city or town closest to where the project is proposed to be built and to all public or private property owners located within one thousand feet of the outer perimeter of the property on which the project would be constructed as shown on the latest equalized assessment roll.

2.

The tentative decision shall be final once the period identified in the notice has expired unless an appeal has been filed by the applicant or any interested person pursuant to Chapter 2.88 of this code, in which case the tentative decision shall become final only if and when the appeal is withdrawn, dismissed or denied. If the appeal is granted, in whole or in part, the decision of the board on appeal shall become final in the manner and within the time set forth in Chapter 2.88.

B.

At least ten days prior to a decision by the zoning administrator or the commission under Section 18.106.050 or 18.106.070, notice of a public hearing shall be provided to the city or town closest to where the project is proposed to be built and to all property owners located within one thousand feet of the outer perimeter of the property on which the project would be constructed as shown on the latest equalized assessment roll.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 5, 2003: Ord. 1201 § 7, 2002; Ord. 1189 § 3 (part), 2001)

(Ord. No. 1395, § 3, 12-16-2014)

18.106.070 - Exceptions. ¶

Upon application by the property owner of a site, an exception to the requirement contained in subsection (B) of Section 18.106.050 may be granted by the commission. Such exception may be granted if, after conducting a public hearing and reviewing available building sites on the subject property, the commission makes all of the following findings:

A.

Compliance with the provisions of subsection (B) of Section 18.106.050 would result in greater visual impact than would the proposed construction on the proposed building site;

B.

Compliance with the provisions of subsection (B) of Section 18.106.050 would result in greater impact on existing landforms and landscape than would the proposed construction on the proposed building site;

C.

Measures have been included in the project to reduce its visual impacts as seen from any designated public roads. Such measures include but are not limited to:

1.

Installation of landscaping designed to screen the project from view of designated public roads;

2.

Low level lighting on buildings and site which minimize off-site visibility and glare;

3.

Nonreflective exterior windows and window frames;

4.

Use of earth tone colors on building exteriors;

5.

Roof angles and composition designed to conform with the existing land forms and landscape; and

6.

Building height has been designed to minimize the silhouetting against the sky when viewed from any designated public road or open space owned or managed by a public agency or land trust.

D.

The project as designed or modified is consistent with the requirements of Chapter 18.108 of the code.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 6, 2003: Ord. 1189 § 3 (part), 2001)

18.106.080 - Variances not prohibited. ¶

Nothing in this chapter shall be construed as prohibiting any person from filing an application for a variance or as prohibiting the board of supervisors or commission from approving a variance pursuant to Chapter 18.128 of the code.

(Ord. 1278 § 1 (part), 2006: Ord. 1189 § 3 (part), 2001)

18.106.090 - Denials and potential takings. ¶

No action shall be taken or a decision made pursuant to this chapter that denies the property owner economically viable use of the land (or the current legal standard in effect for a "takings" claim) under the Fifth Amendment of the U.S. Constitution at the time the applicant seeks project approval.

(Ord. 1278 § 1 (part), 2006: Ord. 1189 § 3 (part), 2001)

Chapter 18.107 - AFFORDABLE HOUSING AND INCENTIVES[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 1334, § 3, adopted January 19, 2010, repealed former Ch. 18.107, in its entirety, which pertained to residential density bonus and incentives. Section 4 of said ordinance enacted provisions designated as a new Ch. 18.107 to read as herein set out. See also the Code Comparative Table and Disposition Table.

18.107.010 - Purpose. ¶

The housing fee for nonresidential developments that include additions, new construction of gross square feet of nonresidential space, or the conversion of a residential use to a nonresidential use shall be calculated as follows:

Housing fee = (gross square feet of new nonresidential space) X (applicable fee by type of use)

The housing fee for the conversion of one nonresidential use to another nonresidential use shall be calculated as follows:

Housing fee = (housing fee for new use) - (housing fee for prior use) [not less than zero]

If the nonresidential development is in whole or part a replacement for nonresidential square footage demolished within one year prior to the filing of the application for the nonresidential development, the housing fee shall be calculated as follows:

Housing fee = (housing fee for addition or new construction of gross square feet) - (housing fee for gross square feet demolished) [not less than zero]

C.

As an alternative to payment of the housing fee set forth in subsection (A) above, an applicant for a nonresidential development may submit a request to mitigate the affordable housing impacts of such development through the construction of affordable units, either on-site or off-site, through the dedication of land, or through other means. The planning commission may approve or conditionally approve such an alternative if the planning commission determines, based on substantial evidence, that such alternative compliance will provide as much or more affordable housing at the same or lower income levels, is consistent with the county general plan and housing element, and will otherwise provide greater public benefit than would payment of the housing fee. Any affordable units constructed on-site or off-site shall comply with the provisions contained in Sections 18.107.110 through 18.107.140, as applicable.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.070 - Nonresidential developments—Application and fee setting procedures.

A.

An application for a building permit (or for a discretionary county permit if no building permit is required), for a nonresidential development shall not be deemed complete unless the application contains either: (1) a request for exemption pursuant to subsection (C) of Section 18.107.050 or an equivalency proposal as permitted by subsection (C) of Section 18.107.060, along with supporting information, or (2) all of the following: (a) a statement of the number of gross square feet contained in any addition, new construction of gross square feet, conversion of a residential use to a nonresidential use, or conversion of one nonresidential use to another nonresidential use, together with documentation sufficient to support the statement; (b) the intended use or uses for the nonresidential development by gross square feet; and (c) the gross square feet of any prior nonresidential use or any demolished nonresidential use. The amount of the housing fee shall be based upon the fee schedule in effect at the time of issuance of the permit for the nonresidential development.

B.

The planning director, with the concurrence of the housing director, shall determine the appropriate nonresidential land use category, shall calculate the amount of the housing fee based upon the adopted fee schedule, and shall so inform the building official or designee, who shall collect the required fee and deposit it into the housing fund. In the case of large, mixed-use nonresidential developments involving the simultaneous construction of different structures and/or different nonresidential uses, the planning director may utilize the fee schedule to create one mixed fee per square foot to be collected for all building permits in the project. In that case, the mixed fee shall be designed to approximate the revenue which would have been collected had the fee schedule been applied to each individual use in the project.

C.

The land use category for a nonresidential development shall be determined by the planning director based on an individualized determination only if:

1.

The adopted fee schedule so specifies; or

2.

The planning director determines that insufficient generalized information is available to permit a determination that the use falls within one of the specified use categories.

Any application for a nonresidential project where an individualized fee determination is required pursuant to this section shall be accompanied by information sufficient to enable the planning director to make a determination of employee density. The planning director's determination of employee density shall be based on: data concerning anticipated employee density for the project submitted by the applicant; employment surveys or other research on similar uses submitted by the applicant or independently researched by the planning director; or any other data or information the planning director determines relevant. Based on the evidence submitted, the planning director shall determine the most similar use category, or shall establish a mixed fee, as appropriate.

D.

An applicant may appeal the planning director's fee determination to the board of supervisors according to the provisions of Chapter 2.88 of the Napa County Code.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.080 - Residential projects—Basic inclusionary requirement.

A.

To mitigate the impacts of market rate residential projects on the need for affordable housing in Napa County, a portion of all new dwelling units in a residential ownership project shall be made available at an affordable sales price to moderate income households whose annual household income does not exceed one hundred twenty percent of median income, as follows:

Single-family detached-twenty percent

Attached single-family and common interest projects-seventeen percent

B.

For residential rental projects, housing fees shall be paid as specified in Section 18.107.090 to mitigate the project's impact on the need for affordable housing in the county, unless an equivalency proposal is approved pursuant to Section 18.107.100 or rental is approved pursuant to Section 18.107.110.

C.

Affordable units shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to market rate units in the same residential project. Affordable units shall be dispersed throughout the

residential project, or, subject to the approval of the planning director, may be clustered within the residential project when this furthers affordable housing opportunities.

D.

The following residential projects are exempt from the affordable housing requirements in this Section 18.107.080 and in Section 18.107.090:

1.

Farmworker housing units of twelve hundred square feet or less; or

2.

Any residential project that is deed-restricted to be one hundred percent affordable to extremely low, very low, low income, or moderate income households, except for managers' units, and which meets the requirements of Section 18.107.140; or

3.

Multi-family or single room occupancy residential projects, which propose that at least twenty percent of the total units be available at affordable rent or affordable sales prices to very low or low income households; and

4.

Any density bonus units, as required by Government Code Section 65915.

E.

Compliance with this chapter shall be made a condition of approval of each permit approved for a residential development unless the project is exempt pursuant to subsection (D) above.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1386, § 2, 12-10-2013; Ord. No. 1491, § 16, 6-4-2024)

18.107.090 - Residential projects—Housing fees.

A.

Housing fees for residential projects shall be established by resolution of the board of supervisors. Such fees shall not exceed the cost of mitigating the impact of market rate residential projects on the need for affordable housing in the county. The fees shall be established per gross square foot of residential floor area for the market rate units in a residential development.

B.

The board may periodically review the housing fees for residential projects and adjust the housing fees by resolution. The housing fees shall be reviewed and, if appropriate, revised at the time of each housing element update. The housing director and planning director shall jointly prepare a recommendation to the board for such fee revision.

An applicant for any residential ownership project with four or fewer dwelling units may elect to either build one affordable unit or pay a housing fee for each dwelling unit.

D.

Housing fees shall be paid for residential projects in the following circumstances:

1.

For any residential rental project, a housing fee shall be paid upon issuance of a building permit for each dwelling unit in the residential rental project, unless an equivalency proposal is approved pursuant to Section 18.107.100 or rental is approved pursuant to Section 18.107.110.

2.

For any residential ownership project with four or fewer dwelling units where the applicant has elected to pay housing fees, a housing fee shall be paid upon issuance of a building permit for each dwelling unit in the residential ownership project.

3.

For any residential ownership project with five or more dwelling units where the calculations in subsection (A) of Section 18.107.080 above result in a fractional dwelling unit, a housing fee shall be paid upon issuance of each building permit for those "extra" market rate dwelling units for which an affordable unit was not constructed (based on the floor area of each such "extra" market rate unit), unless the applicant elects to construct an additional affordable unit on-site, or performs an equivalent action approved pursuant to Section 18.107.100.

E.

The amount of any housing fee payable under this section shall be based upon the fee schedule in effect at the time of issuance of the building permit for the dwelling unit to which the fee relates. The planning director, with the concurrence of the housing director, shall calculate the amount of any housing fee based upon the adopted fee schedule, and shall so inform the building official or designee, who shall collect the required fee and deposit it into the housing fund. The applicant may appeal the planning director's fee determination to the board of supervisors according to the provisions of Chapter 2.88 of the Napa County Code.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.100 - Residential projects—Equivalency proposals permitted. ¶

As an alternative to the construction of on-site affordable units required by Section 18.107.080, or to the payment of housing fees pursuant to Section 18.107.090, an applicant for a residential project may submit a request to mitigate the affordable housing impacts of such project through the construction of affordable units off-site, through the dedication of land for affordable housing, or through other means. The planning commission may approve or conditionally approve such an alternative if the planning commission determines, based on substantial evidence, that such alternative compliance will provide as much or more affordable housing at the same or lower income levels, is consistent with the county general plan and housing element, and will otherwise provide greater public benefit than would provision of the affordable housing on-site.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.110 - Residential projects—Rental permitted if consistent with Costa-Hawkins Act.

A.

As an alternative to providing affordable ownership units on-site as required by Section 18.107.080, or paying housing fees pursuant to Section 18.107.090, an applicant may propose to provide twelve percent of the dwelling units in the residential project as rental dwelling units affordable to low income households. To ensure compliance with the Costa-Hawkins Act (Chapter 2.7 of Title 5 of Part 4 of Division 3 of the Civil Code), the county may only approve such a proposal if the applicant agrees in a rent regulatory agreement with the county to limit rents in consideration for a direct financial contribution or a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

B.

The rent regulatory agreement with the county shall include provisions for sale of affordable units and relocation benefits for tenants of the affordable units if the owner of the residential project later determines to offer any affordable units in the residential project for sale. If dwelling units in the residential project are sold, the applicant shall provide as many ownership affordable units at an affordable sales price as required by Section 18.107.080. At the time of sale, resale restrictions, deeds of trust and/or other documents acceptable to the planning director shall be recorded against the affordable ownership dwelling units for a minimum term of forty years, as required by Section 18.107.140.

C.

For each rental affordable unit provided pursuant to this section, the owner may be required to pay to the county an annual monitoring fee for the term of required affordability that does not exceed the county's costs to monitor the affordable unit, if such a fee is adopted by resolution of the board of supervisors.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.120 - Residential projects—County incentives.

A.

Residential projects that include the construction of affordable units in conformance with Sections 18.107.080, 18.107.100, or 18.107.110 are eligible for the following county incentives:

1.

Application fees for building permits shall be waived for the affordable units.

2.

Subject to the approval of the planning director, the square footage of the affordable units and interior features in affordable units need not be the same as those in market rate units in the same residential project, so long as they are of good quality and are consistent with contemporary standards for new housing.

3.

D.

For each owner-occupied affordable unit provided pursuant to this chapter, the owner may be required to pay to the county an administrative transfer fee to defray the costs to the county of any change of ownership during the term of required affordability, if such a fee is adopted by resolution of the board of supervisors.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.150 - Reserved. ¶

Editor's note— Ord. No. 1495, § 46, adopted September 24, 2024, repealed § 18.107.150, which pertained to Affordable Housing and Incentives.

18.107.160 - Reserved. ¶

Editor's note— Ord. No. 1495, § 47, adopted September 24, 2024, repealed § 18.107.160, which pertained to Affordable Housing and Incentives.

18.107.170 - State incentives for affordable housing—Application procedures and development standards.

The purpose of this section and Section 18.107.180 is to implement state density bonus law (Government Code Section 65915 et seq.).

A.

An applicant for a "housing development" as defined in state density bonus law shall be eligible for a density bonus and other regulatory benefits that are provided by state density bonus law when the applicant seeks and agrees to provide housing as specified in Government Code Section 65915, or in Government Code Section 65195.5, or successor provisions. The density bonus calculations shall be made in accordance with state density bonus law.

B.

All requests for density bonuses, incentives, parking reductions, and waivers shall be submitted concurrently with the application for the first discretionary permit or other permit required for the housing development and shall be processed concurrently with such application. In accordance with state law, neither the granting of an incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval or the waiver of the provisions of a county ordinance unrelated to development standards.

C.

An applicant's request for any density bonuses, incentives, parking reductions, and/or waivers permitted by state density bonus law shall include the required fee and the following minimum information:

1.

For a requested density bonus:

a.

Summary table showing the maximum number of dwelling units permitted by the zoning and general plan excluding any density bonus units, proposed target units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.

b.

Subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and reasonable documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.

c.

Where the housing development is seeking an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.

d.

A tentative map or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed target units and density bonus units.

e.

The zoning and general plan designations and assessor's parcel number(s) of the housing development site.

f.

A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period; subject to any form of rent control through a public entity's valid exercise of its police power; or subject to a recorded covenant ordinance, or law restricting rents to levels affordable to households of lower or very low income.

g.

If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

h.

The phasing of the construction of the target units in relation to the nonrestricted units in the housing development.

i.

A marketing plan for the target units, as well as an explanation of the methods to be used to verify tenant and/or buyer incomes and to maintain affordability of the target units. The density bonus housing plan shall specify a financing mechanism for ongoing administration and monitoring of the target units.

j.

If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915 (g) can be met.

2.

Requested incentives or concessions as defined in state density bonus law. The number of incentives that may be requested shall be based upon the number the applicant is entitled to under state density bonus law. The application shall include the following minimum information, shown on a site plan (if appropriate):

a.

Explanation of the number of incentives the housing development is entitled to.

b.

The county's usual regulation and each requested regulatory incentive or concession.

c.

Except where mixed-use zoning is proposed as a concession or incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

d.

If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the costs of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed-use zoning will provide for affordable housing costs and rents.

3.

Requested waivers. For each waiver requested, the applicant shall show on a site plan and in a table, the county's required development standard and the requested development standard.

4.

Parking reductions. The application shall include a table showing parking required by the zoning regulations, parking proposed under Government Code Section 65915(p), and reasonable documentation that the project is eligible for the requested parking reduction.

5.

Density bonus or incentive for a child care facility in a housing development. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

6.

Density bonus or incentive for a condominium conversion. The application shall include reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

7.

Commercial density bonus. Evidence that the project qualifies for a commercial density bonus under the provisions of Government Code Section 65915.7, including but not limited to inclusion of a partnered housing agreement.

D.

Density bonus calculations.

1.

In determining the total number of units to be granted, each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. When calculating the number of target units needed to qualify for a given density bonus, any fractions of affordable target units shall be rounded up to the next whole number.

2.

Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

In determining the number of target units required to qualify a housing development for a density bonus pursuant to state density bonus law, units added by a density bonus are not included in the calculations. Any on-site units that satisfy the county's inclusionary housing requirements in this Chapter 18.107 and are required to be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of state density bonus law. Payment of fees or in lieu of providing target units under this Chapter 18.107 does not qualify a housing development for a density bonus.

4.

The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of target units required by state density bonus law. Regardless of the number of target units, no housing development shall be entitled to a density bonus greater than what is authorized under state density bonus law.

5.

Nothing in this chapter requires the provision of direct financial incentives from the county for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The county, at its sole discretion, may choose to provide such direct financial incentives.

E.

Development standards.

1.

Target units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the county.

2.

To comply with fair housing laws, the target units shall contain the same proportional mix of bedroom sizes as the market-rate units. In mixed-income buildings, the occupants of the target units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units, and the target units shall be located throughout the building and not isolated on one floor or to an area on a specific floor.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1386, § 5, 12-10-2013; Ord. No. 1495, § 48, 9-24-2024)

18.107.180 - State incentives for affordable housing—Review procedures and affordable housing agreements.

All requests for density bonuses, incentives, parking reductions, and waivers shall be considered and acted upon by the approval body with authority to approve the residential project, with right of appeal to the board of supervisors, if applicable.

A.

To ensure that an application conforms with the provisions of state density bonus law, the staff report presented to the decision-making body shall state whether the application conforms to the requirements of state density bonus law, as applicable:

1.

A finding that the residential project is eligible for the density bonus and any incentives, parking reductions or waivers requested, and includes any affordable housing required to replace units rented or formerly rented to very low- and low-income households as required by California Government Code Sections 65915(c)(3) and 66300.5 et seq.

2.

A finding that if an incentive is requested, reasonable documentation has been presented showing that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing or costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).

3.

If the density bonus is based all or in part on donation of land, a finding that all the requirements included in Government Code Section 65915(g) have been met.

4.

If the density bonus or incentive is based all or in part on the inclusion of a child care facility or condominium conversion, a finding that all the requirements included in Government Code Section 65915(h) or 65915.5, as applicable, have been met.

5.

If a parking reduction is requested, a finding that the housing development is eligible for any requested parking reductions under Government Code Section 65915(p).

6.

If a waiver is requested, a finding that the development standards for which the waiver is requested would have the effect of physically precluding the construction of the residential project with the density bonus and incentives permitted.

7.

If a commercial development bonus is requested, a finding that the development is eligible for the bonus under Government Code Section 65915.7.

B.

If the housing development is eligible for the incentives requested, the decision-making body may deny an application for an incentive only if it makes one of the following written findings, supported by substantial evidence:

The incentive does not result in identifiable and actual cost reductions, consistent with Government Code Section 65915(k), to provide for affordable sales prices or affordable rents; or

2.

The incentive would have a specific, adverse impact upon public health or safety or the physical environment or on real property listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the residential project unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or

3.

The incentive is contrary to state or federal law.

C.

If the housing development is eligible for the waivers requested, the decision-making body may deny a request for a waiver only if it makes one of the following written findings, supported by substantial evidence:

1.

The waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the residential project unaffordable to low and moderate income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the residential project was deemed complete; or

2.

The waiver would have an adverse impact on real property listed in the California Register of Historic Resources; or

3.

The waiver is contrary to state or federal law.

D.

If the housing development is eligible for a child care bonus, the decision-making body may deny an application for a density bonus or incentive that is based on the provision of child care only if it makes a written finding, based on substantial evidence, that the county already has adequate child care facilities.

E.

If any density bonus, incentive, parking reduction, or waiver is approved pursuant to state density bonus law, the applicant shall enter into an affordable housing agreement with the county, in a form acceptable to the planning director and county counsel, to be executed by the county administrator or designee, to ensure compliance with state density bonus law. The affordable housing agreement shall be a legally binding agreement between the applicant and the county to ensure that the requirements of this chapter are satisfied and may be combined with the affordable housing agreement required in Section 18.107.130. The executed affordable housing agreement

shall be recorded against the residential project prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the residential project. The affordable housing agreement shall be binding on all future owners and successors in interest.

F.

For rental projects, the agreement shall require the continued affordability of all rental units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction for a minimum of fifty-five years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size, and location of each target unit; shall specify the eligible occupants; shall specify phasing of the target units in relation to the market-rate units; and shall contain other relevant provisions approved by county counsel. Rents for the lower income density bonus units shall be set at an affordable rent as defined in state density bonus law.

G.

For for-sale projects, the affordable housing agreement shall require that the initial purchasers of those for-sale units that qualified the applicant for the receipt of the density bonus, incentive, waiver, or parking reduction are persons and families of lower or moderate income, as applicable, or if any for-sale unit is not purchased by an income-qualified household within one-hundred eighty days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified non-profit housing corporation as defined in state density bonus law. The units shall be offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and the agreement shall contain other relevant provisions approved by county counsel. The affordable housing agreement shall require the continued affordability of the for-sale units for forty-five years.

H.

Where a density bonus, waiver, or parking reduction is provided for a market-rate senior housing development with no target units, the applicant shall enter into a restrictive covenant with the county, running with the land, in a form approved by county counsel, to be executed by the county administrator or designee, to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

I.

Unless otherwise permitted pursuant to the terms of a recorded affordable housing agreement, all required target units shall be constructed prior to or concurrently with the construction of market rate units. No temporary or permanent certificate of occupancy for any new market rate unit in a residential project shall be issued until permanent certificates of occupancy have been issued for the required target units. Release of utilities shall not be authorized for any residential project until notification is received from the planning director that all requirements of this chapter have been met.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1495, § 49, 9-24-2024)

18.107.190 - General—No conflict with state law. ¶

If any section of this chapter conflicts with Government Code Section 65915 or other applicable state law, state law shall supersede this chapter.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.200 - General—Refunds. ¶

Whenever an applicant pays the housing fees established by this chapter and thereafter fails to proceed with the development in a timely manner so that the privilege of doing so has elapsed, the county shall refund any fees paid by the applicant if the applicant submits a written request for a refund to the planning director within ninety days of the date when the privilege of proceeding with the development elapsed.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.210 - General—Enforcement. ¶

A.

It shall be a misdemeanor for any person to sell or rent an affordable unit or target unit at a sales price or rent exceeding the maximum sales price or rent allowed by this chapter, or to a household not qualified to purchase or rent an affordable unit or target unit pursuant to this chapter.

B.

The office of county counsel or the district attorney, as appropriate, shall be authorized to enforce the provisions of this chapter and all affordable housing agreements, rent regulatory agreements, resale controls, and all other agreements placed on affordable units or target units hereunder, by civil action and any other proceeding or method permitted by law.

C.

Failure of any official to fulfill the requirements of a provision of this chapter shall not excuse any applicant from fulfilling the remaining requirements of this chapter.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.220 - General—Waiver. ¶

A.

As part of an application for the first approval of a residential project or nonresidential development, an applicant may apply for a reduction, adjustment, or waiver of the requirements of this chapter based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result. The applicant shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation, and shall bear the burden of presenting the requisite evidence to demonstrate the alleged unconstitutional result. The county may assume each of the following when applicable:

1.

The applicant will benefit from the incentives set forth in the county code; and

2.

The applicant will be obligated to provide the most economical affordable units feasible in terms of financing, construction, design, location and tenure.

B.

The approval authority, based upon legal advice provided by or at the behest of county counsel, may approve a reduction, adjustment, or waiver if the approval authority determines that applying the requirements of this chapter would effectuate an unconstitutional taking of property or otherwise have an unconstitutional application to the property. The reduction, adjustment, or waiver shall be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, and based on legal analysis and the evidence. If a reduction, adjustment, or waiver is granted, any change in the residential project shall invalidate the reduction, adjustment, or waiver, and a new application shall be required for a reduction, adjustment, or waiver pursuant to this section.

(Ord. No. 1334, § 3, 1-19-2010)

18.107.230 - General—Definitions.

Unless the context clearly requires otherwise, the definitions in this section shall govern the provisions of this chapter.

"Addition" means the addition of gross square feet to an existing structure.

"Affordable rent" means monthly rent, including utilities and all fees for housing services, that does not exceed:

1.

For very low income households: fifty percent of the median income for the county multiplied by thirty percent and divided by twelve.

2.

For low income households: sixty percent of the median income for the county, multiplied by thirty percent and divided by twelve.

3.

For moderate income households: one hundred ten percent of the median income for the county, multiplied by thirty percent and divided by twelve.

Affordable rent shall be based on presumed occupancy levels of one person in a studio dwelling unit, two persons in a one bedroom dwelling unit, three persons in a two bedroom dwelling unit, and one additional person for each additional bedroom thereafter.

"Affordable sales price" means the maximum purchase price that will be affordable to the specified household at the specified income level. The purchase price shall be considered affordable only if it is based on a reasonable down payment, and monthly housing payments (including interest, principal, mortgage insurance, property taxes, homeowners insurance, homeowners association dues, property maintenance and repairs, and a reasonable allowance for utilities), all as determined by the county, that are equal to or less than:

1.

For very low income households: fifty percent of the median income for the county multiplied by thirty percent and divided by twelve.

For low income households: seventy percent of the median income for the county, multiplied by thirty percent and divided by twelve.

3.

For moderate income households: one hundred ten percent of the median income for the county, multiplied by thirty-five percent and divided by twelve.

Affordable sales price shall be based on presumed occupancy levels of one person in a studio dwelling unit, two persons in a one bedroom dwelling unit, three persons in a two bedroom dwelling unit, and one additional person for each additional bedroom thereafter.

"Affordable units" means those deed-restricted dwelling units which are required to be offered for sale at an affordable sales price to specified households pursuant to Section 18.107.080 or which the applicant proposes to offer for rent at an affordable rent pursuant to Section 18.107.110 or which the applicant constructs pursuant to an equivalency proposal approved pursuant to Section 18.107.100.

"Annual household income" means the combined gross income for all adult persons living in a dwelling unit as calculated for the purpose of the Section 8 program under the United States Housing Act of 1937, as amended, or its successor.

"Density bonus" means a density increase over the otherwise maximum allowable residential density for a residential project.

"Density bonus units" means those dwelling units allowed pursuant to the provisions of this chapter which exceed the maximum residential density for a residential project.

"Development standard" is as defined in state density bonus law.

"Discretionary permit" means any permit issued pursuant to Title 17 or Title 18 of this code which requires the exercise of judgment or deliberation from the decision-making body, including but not limited to, use permits, variances, site plan approval, general and specific plan amendments, zoning amendments, and the approval of tentative, final or parcel maps.

"Floor area" for a residential project is that area included within the surrounding walls of a dwelling unit as calculated by the building division in accordance with its standard practice. This area does not include garages, carports or common areas.

"Gross square feet" is the area included within the surrounding walls of a structure as calculated by the building division in accordance with its standard practice. This area does not include garages or carports. The gross square footage of any tank or wine crush pad or similar non-walled wine-related structure shall be included in the gross square feet of a nonresidential development.

"Housing board" means any affordable housing fund board established pursuant to Section 18.107.020 as advisory to the board of supervisors.

"Housing director" means the county executive officer or the designee of such person.

"Housing fund" means the affordable housing fund for the county established pursuant to Section 18.107.020 of this chapter.

"Low income households" are those households whose income does not exceed the low income limits applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

"Market rate units" means dwelling units in a residential project which are not affordable units or target units.

"Maximum allowable residential density" is as defined in state density bonus law.

"Median income" means the median income, adjusted for family size, applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

"Moderate income households" are those households whose income does not exceed the moderate income limits applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

"Nonresidential development" means any development in the county for which a discretionary permit or building permit is required, other than those developments involving solely residential projects, that includes an addition, the new construction of gross square feet of nonresidential space, the conversion of a residential use to a nonresidential use, or the conversion of one nonresidential use to another nonresidential use.

"Residential project" means any development for which a discretionary permit or building permit is required that includes the creation of one or more additional dwelling units, an addition to a dwelling unit, conversion of nonresidential uses to dwelling units, or a condominium conversion.

"Residential ownership project" means any residential project that includes the creation of one or more residential dwelling units that may be sold individually. A residential ownership project also includes the conversion of apartments to condominiums.

"Residential rental project" means any residential project that creates residential dwelling units that cannot be sold individually.

"Senior citizen residential project" means a senior citizen housing development with at least thirty-five dwelling units as defined in Civil Code Section 51.3, or a mobile home park that limits residency based on age requirements for older persons pursuant to Civil Code Sections 798.76 or 799.5. It may include a shared housing building development as defined in state density bonus law.

"Target unit" means a deed-restricted dwelling unit within a residential project which is reserved for sale or rent, at an affordable rent or affordable sales price, to very low, low, or moderate income households, and which qualifies the residential project for a state density bonus and other incentives under state density bonus law.

"Very low income households" are those households whose income does not exceed the very low income limits applicable to Napa County as published annually pursuant to Title 25 of the California Code of Regulations, Section 6932 (or its successor provision) by the California Department of Housing and Community Development.

(Ord. No. 1334, § 3, 1-19-2010)

(Ord. No. 1386, § 2, 12-10-2013; Ord. No. 1495, § 50, 9-24-2024)

Chapter 18.108 - CONSERVATION REGULATIONS

18.108.010 - Purpose.

A.

The purpose and intent of these regulations is to protect the public health, safety and community welfare, and to otherwise preserve the natural resources of the county of Napa. Further, these regulations are intended to ensure the continued long-term viability of county agricultural resources by protecting county lands from excessive soil loss which if unprotected could threaten local water quality and quantity and lead ultimately to loss of economic productivity. These regulations are also intended to provide greater environmental protection for natural environmental resources, particularly agricultural lands, forests, wildlife habitat, and water. These regulations have been developed in general accord with the policies and principles of the general plan, as specified in the agricultural preservation and land use element and the conservation element.

B.

It is furthermore intended that these regulations accomplish the following:

1.

Minimize cut, fill, earthmoving, grading operations and other such man-made effects in the natural terrain;

2.

Minimize soil erosion caused by human modifications to the natural terrain;

3.

Maintain and improve, to the extent feasible, existing water quality by regulating the quantity and quality of runoff entering local watercourses;

4.

Preserve riparian and wetland areas and other natural habitat by controlling development near streams, rivers and wetlands;

5.

Encourage development which minimizes impacts on existing land forms, avoids steep slopes, and preserves existing vegetation and unique geologic features;

6.

Protect drinking water supply reservoirs in sensitive domestic water supply drainages from sediment, turbidity, and pollution through vegetation retention and no-development buffers around municipal reservoirs; and

7.

Reduce the loss of vegetation by increasing protections for vegetation canopy cover, requiring minimum mitigation requirements and prioritizing areas eligible for mitigation.

C.

It is not the intent of these regulations to provide that compliance with these regulations shall provide a defense to a charge of violating Section 5650 of the California Fish and Game Code.

It is also the intent of these regulations to further the intent and purpose of Section 1600 of the California Fish and Game Code.

E.

Napa County has implemented the National Pollution Discharge Elimination System (NPDES) program, which requires the County to ensure that stormwater and erosion control measures are provided for all applicable structural (i.e., nonagricultural) projects. As such, technical aspects of providing erosion control measures for structural projects shall be administered by the planning department via the NPDES program. The remaining applicable requirements of this chapter shall still apply to structural projects. For agricultural projects (which are not covered by the NPDES program), all the requirements of this chapter remain in full effect.

(Ord. 1259 § 1, 2005: Ord. 1219 § 1, 2003: Ord. 991 § 1 (part), 1991: prior code § 12450)

(Ord. No. 1438, § 1, 4-9-2019)

18.108.020 - General provisions.

A.

Applicability. These regulations shall apply to all zoning districts within Napa County and to all uses that may involve earthmoving activity permitted in such districts, with or without use permits, except as may be specifically provided in this chapter. In the event of conflicts among the regulations in this chapter and those elsewhere in this title, the regulations in this chapter shall prevail except where specifically noted otherwise in this chapter.

B.

Relationship to the Review of Tentative Parcel Maps and Subdivision Maps. To the greatest extent feasible, no tentative map, parcel map or final map shall be approved which will create lots which would necessitate approval of exceptions to these regulations pursuant to Section 18.108.040. Where a division of land would require an exception to these regulations, precise building envelopes shall be specified on the tentative maps, parcel maps and final maps, to ensure that the maximum feasible conformance with this chapter can be attained and maintained over time.

C.

Vegetation Retention Requirements. In the AW zoning district, a minimum of seventy percent vegetation canopy cover as configured on the parcel existing on June 16, 2016 shall be maintained as part of any use involving earthdisturbing activity. Two or more contiguous parcels held and maintained under common ownership or legal control at the time the plan is submitted may be considered combined and treated as one holding for purposes of compliance with the vegetation requirements in this section; provided that: (1) the total vegetation proposed for clearing would not be greater than what could be cleared if each contiguous parcel was treated an individual unit; (2) a report prepared by a qualified professional biologist is submitted to the director which concludes that the proposed vegetation clearing would not result in greater impacts to biological resources than what would occur if the combined parcels were treated as individual units; and (3) a perpetual protective easement or a perpetual deed restriction is recorded for each parcel describing the amount of vegetation to be retained on each of the parcels.

D.

Vegetation Removal Mitigation. In the AW zoning district, the removal of any vegetation canopy cover shall be mitigated by permanent replacement or preservation of comparable vegetation canopy cover, on an acreage basis

at a minimum 3:1 ratio unless otherwise set forth below. The location for replacement or preservation may be prioritized as follows:

1.

Replacement or preservation shall first be accomplished on-site on lands with slopes of thirty percent or less and outside of stream and wetland setbacks.

2.

If sufficient vegetation canopy cover cannot be reasonably accomplished under subsection (D)(1) of this section, on-site preservation or replacement may occur on slopes greater than thirty percent and up to fifty percent in areas that result in the highest biological and water quality protections as determined by the director.

3.

If sufficient vegetation canopy cover cannot be reasonably accomplished under subsection (D)(1) or under subsection (D)(2) of this section, off-site replacement or preservation may occur if it is within the same watershed and the habitat is of the same or better quality as determined by the director.

4.

Replacement of vegetation canopy cover may occur within stream setbacks at a minimum 2:1 preservation ratio where a restoration plan prepared by a qualified professional biologist has been approved by the director, and where consistent with Section 18.108.025 (D) as determined by the director.

5.

Alternatively, the removal of any vegetation canopy cover may be mitigated by permanent replacement or preservation of comparable vegetation canopy cover, on an acreage basis at a minimum 2:1 ratio, where the project includes substantial public benefits as determined by the director.

6.

Non-native species shall not be subject to the vegetation canopy cover replacement or preservation requirements under subsection (D) of this section.

E.

Preserved Vegetation Canopy Cover. Preserved vegetation canopy cover shall be enforceably restricted with a perpetual protective easement or perpetual deed restriction preserving and conserving the preserved vegetation canopy cover.

(Ord. 991 § 1 (part), 1991: prior code § 12452)

(Ord. No. 1438, § 2, 4-9-2019)

18.108.025 - General provisions—Intermittent/perennial streams.

A.

Applicability. The provisions of this section shall apply to those streams defined by Section 18.108.030. The final administrative determination of whether a particular watercourse is subject to the specific provisions of this section shall rest with the director.

B.

Setback Requirements. In addition to any requirements of the floodway and floodplain regulations set forth in Title 16, construction of main or accessory structures, earthmoving activity, grading or removal of vegetation or agricultural uses of land (including access roads, avenues and tractor turnaround areas, or other improvements necessary for ongoing agricultural operations) as defined by Section 18.08.040 shall be prohibited within the stream setback areas established below unless specifically permitted in subsection (E) of this section, exempt pursuant to Section 18.108.050, or authorized by the commission through the granting of an exception in the form of a use permit pursuant to Section 18.108.040:

1.

Setbacks for New Land Clearings for Agricultural Purposes. No land clearing or earthmoving activities as defined in Section 18.108.030 for new agricultural uses as defined by Section 18.08.040 shall take place within the following minimum setbacks from streams:

minimum setbacks from	streams:
Slope (Percent)	Required Setback
< 1	35 feet
1—5	45 feet
5—15	55 feet
15—30	65 feet
30—40	85 feet
40—50	105 feet
50—60	125 feet
60—70	150 feet

Ephemeral or intermittent streams that do not meet the criteria for a stream as defined in Section 18.108.030 shall have a minimum 35-foot setback.

2.

Setbacks for Existing Vineyard Use or Other Permanent Agricultural Crop Use of Land.

a.

Except as provided in subsection (B)(2)(b) of this section, the stream setbacks established in subsection (B)(1) of this section shall also be applicable to the replanting of existing vineyards as defined in Section 18.108.030 or other permanent agricultural crop.

b.

Stream setbacks shall not be required for the replanting of existing legally planted vineyards or other permanent agricultural crops if the replanting will occur in the same footprint, any recontouring or re-engineering of existing

terraces is necessary to correct existing erosion or water quality problem, and no grading is proposed that requires a permit pursuant to Section J103.1 of Appendix J of the California Building Code.

3.

The stream setbacks established in this chapter shall be measured from the top of the bank on both sides of the stream as it exists at the time of replanting, redevelopment, or new agricultural activity.

4.

In the case of those specific streams identified in Resolution No. 94-19, the stream setbacks shall be the distances set forth in subsections (B)(1), (2) and (3) of this section or the vegetation outboard dripline at the time of replanting, redevelopment, or new agricultural activity, whichever is greater.

C.

Required Setbacks for Residential Development. All new residential and nonagricultural structures shall comply with the stream setbacks established by subsection (B)(1) of this section.

D.

Revegetation Within Required Setbacks. Revegetation of portions of the streamside setbacks may be required by the director as a part of an erosion-control plan or NPDES program to restore areas where vegetation has been removed as a result of existing or past land use activities. The extent of revegetation shall be based on field review, consultation with the Napa County Flood Control and Water Conservation District, Napa County Resource Conservation District (RCD) and the California Department of Fish and Wildlife (CDFW) to enhance water quality and minimize sedimentation of the affected stream.

E.

Uses Permitted Within Required Stream Setbacks. Except to the extent inconsistent with the provisions of Title 16 pertaining to floodway and floodplain regulations, only the following uses shall be permitted within the required stream setbacks, unless specifically authorized by the Planning Commission through the use permit process:

1.

Maintenance of existing legal vineyards or other agricultural crop, including the prudent use of fertilizers and such pesticides, herbicides, insecticides, fungicides or other techniques for the control of insects, weeds, diseases and pests that are necessary to maintain the productivity of croplands;

2.

Use and maintenance of existing tractor turnaround areas, agricultural roads, recreational roads, trails and crossings;

3.

Activities which are consistent with agricultural practices in the area and which are intended to protect the security and safety of the surrounding area including, but not limited to, fire, flood protection and bank stabilization, weed control, trespass and nuisance protection;

Development and maintenance of those water resources, including pumps, that are necessary for agricultural and domestic purposes;

5.

Maintenance and replacement of existing public works facilities such as pipes, cables, culverts and the like;

6.

Maintenance of existing or restoration of previously dredged depths in existing flood control projects and navigational channels authorized by a permit issued by the director of public works pursuant to Title 16;

7.

Construction of nonmotorized vehicular and pedestrian trails;

8.

Construction of new public works projects such as drainage culverts, stream crossings when such projects are specifically authorized and permitted by existing state, federal or local law;

9.

Construction activities undertaken by or under the auspices of a federal, state or local agency to preserve or restore existing habitat areas;

10.

Removal of vegetation as authorized by the director to alleviate an existing hazardous condition;

11.

Other uses similar to the foregoing found by the director to be consistent with the intent of this chapter; and

12.

Installation of stream crossings, recreational roads, and equestrian and nonmotorized trails in accordance with appropriate permits from other state, federal and local use permit requirements when it can be determined by the director that the least environmentally damaging alternative has been selected as a part of an approved project.

F.

Construction Fencing to Protect Stream Setbacks, Wetlands and Other Features. Where appropriate, the director may require an applicant to install and maintain construction fencing, or other means of demarcation acceptable to the director, in a manner that protects stream setback areas, wetlands, wildlife corridors, sensitive areas and other protected features from intrusion or disturbance during land clearing and earth-disturbing activities.

(Ord. 1300 § 1, 2007: Ord. 1259 § 2, 2005: Ord. 1082 §§ 9, 10, 1995; Ord. 1062 § 3, 1994; Ord. 991 § 1 (part), 1991: prior code § 12452.1)

(Ord. No. 1438, § 3, 4-9-2019)

18.108.026 - General provisions—Wetlands.

Construction of main or accessory structures, earthmoving activity, land clearing or agricultural uses of land as defined by Section 18.08.040 shall be set back 50 feet from the delineated wetland boundary. In limited circumstances, the 50-foot setback may be reduced if recommended by a qualified professional biologist and approved by the director.

(Ord. No. 1438, § 4, 4-9-2019)

18.108.027 - Sensitive domestic water supply drainages.

A.

Applicability. The provisions of this section shall apply in sensitive domestic water supply drainages.

B.

Vegetation Clearing. A minimum of seventy percent of the tree canopy cover on the parcel existing on June 16, 1993 along with any vegetation understory, or when vegetation consists of shrub and brush without tree canopy, a minimum of forty percent of the shrub, brush and associated annual and perennial herbaceous vegetation shall be maintained as part of any use involving earth-disturbing activity. Two or more contiguous parcels held and maintained under common ownership or legal control at the time the plan is submitted may be considered combined and treated as one holding for purposes of compliance with the vegetation retention requirements in this section; provided that: (1) the total vegetation proposed for clearing would not be greater than what could be cleared if each contiguous parcel was treated as an individual unit; (2) a report prepared by a qualified professional biologist is submitted to the director which concludes that the proposed vegetation clearing would not result in greater impacts to biological resources than what would occur if the combined parcels were treated as individual units; and (3) a perpetual protective easement or perpetual deed restriction is recorded for each parcel describing the amount of vegetation to be retained on each of the parcels.

C.

Winter Shut-Down. All earth-disturbing activities on any slopes (pursuant to subsection (L) of Section 18.108.070) shall be limited to the period of April 1st through September 1st of each year except earth-disturbing activities that are in compliance with the NPDES program administered by the planning department shall be limited to the period of April 1st through October 1st of each year. No earth-disturbing activities other than installation of winterization measures shall take place during other times of the year. All winterization measures shall be in place by September 15th of any given year or by October 15th for earth-disturbing activities that are in compliance with the NPDES program. However, earth-disturbing activities may be authorized by the director during the winter shut-down period, using the procedures specified for other watersheds in subsection (L) of Section 18.108.070. The applicable water purveyor shall be notified in writing at least seven calendar days prior to the director's decision to grant or deny a grading extension to allow the purveyor to comment on the request.

D.

Drainage Facilities. Concentration of runoff shall, wherever feasible, be avoided. Runoff shall instead be spread in small incremental doses into relatively flat buffer areas. Those drainage facilities and outfalls that unavoidably have to be installed shall be sized and designed to handle the runoff from a one hundred-year storm event without failure or unintentional bypassing. Outlets shall be protected against erosion in the one hundred-year storm event.

Notice Required. The director shall provide notice to the owner/operator(s) of a public-serving water supply system(s) located in a sensitive domestic water supply drainage of each erosion control plan filed in their drainage. Said notice shall include a copy of the plan submitted and shall provide twenty-one days for a response. If the owner/operator(s) submits credible evidence within this time period that the delivery of sediment or other pollutants into their reservoir(s) from the drainage will be increased by more than one percent on an individual project basis or by more than ten percent on a cumulative basis, the subject erosion control plan shall not be approved until a public hearing on the matter has been held before the commission and a use permit has been issued.

F.

Geotechnical Report Required. A report prepared by a qualified professional specifying the depth and nature of the soils and bedrock present and the stability, both current and projected, of the area potentially effected shall be submitted by the property owner at the time of application for any project located in a sensitive domestic water supply drainage.

G.

Setbacks. No earthmoving activities shall take place within 500 feet of the Kimball Reservoir and Bell Canyon Reservoir, or within 200 feet of any other sensitive domestic water supply. The setback shall be measured from the top of bank of the municipal reservoir.

(Ord. 1300 § 2, 2007: Ord. 1269 § 1, 2005: Ord. 1259 § 3, 2005: Ord. 1219 § 2, 2003: Ord. 1062 § 4, 1994; Ord. 991 § 1 (part), 1991: prior code § 12452.2)

(Ord. No. 1438, § 5, 4-9-2019)

18.108.030 - Definitions.

As used in this chapter:

"Decorative landscaping" means vegetation, plantings, shrubs, trees and the like established and maintained in proximity to a residential structure, landscape structure or related access road for ornamental or aesthetic purposes. Decorative landscaping does not include agricultural crops established or maintained for commercial use.

"Defensible space" means that area described in the Napa County Defensible Space Guidelines which is adjacent to each side of a building or structure and must be cleared of all brush, flammable vegetation, or combustible growth, subject however to the exceptions set forth in the Napa County Defensible Space Guidelines referenced in County Code Chapter 8.36.

"Delineated wetland boundary" means precise edge of a wetland identified by a wetland delineation study or map.

"Director" means the director of the planning department or the director's designee.

"Drainage ditch" means a channel constructed solely for the purpose of providing drainage for agricultural use. A drainage ditch is not a stream as that term is defined in this section.

"Driveway" means a privately owned and maintained access road connecting a parcel to a public or private roadway.

"Earthmoving or earth-disturbing activity" means any activity that involves vegetation clearing, grading, excavation, compaction of the soil, or the creation of fills and embankments to prepare a site for the construction of roads,

structures, landscaping, new planting, and other improvements (including agricultural roads, and vineyard avenues or tractor turnaround areas necessary for ongoing agricultural operations). It also means excavations, fills or grading which of themselves constitute engineered works or improvements.

"Environmental Resources Mapping System" means a collection of printed maps, interactive GIS-based (geographic information system) computer maps, and the supporting data layers and related information maintained by Napa County delineating, among other things, environmental resources and hazards within the county.

"Ephemeral" or "intermittent stream" means any natural channel with defined bed and banks containing flowing water or showing evidence of having contained flowing water, such as deposit of rock, sand, gravel, or soil, that does not meet the definition of "stream" in this chapter.

"Erosion" means the wearing away of the ground surface as a result of the movement of wind or water.

"Erosion hazard area" means those portions of parcels of land having slopes over five percent.

"Failure" or "failed" with respect to an erosion control measure means that the measure has operated in the past or is expected to operate in the future in such a manner that erosion and/or resultant sedimentation have or will be increased above design rates or that flows exceed the capacity of the measure and bypassing has or will occur.

"Grading" shall mean any stripping, cutting, filling, contouring, recontouring or stockpiling of earth or land, including the land in its cut or fill condition.

"Habitat" means a physical area characterized by a unique assemblage of species that constitute the biotic community that utilizes and/or inhabits the area and which provides some subset of essential or preferred ecological and biological needs (i.e., reproduction, feeding/foraging, cover/shelter) for each of those species.

"Habitat of limited distribution" means a vegetation type as delineated in the Napa County Environmental Resources Mapping System that covers less than approximately 0.1% of the county (i.e., 500 acres).

"Hydrophilic vegetation" means vegetation that grows in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content (i.e., plants typically found in wet habitats).

"Improvement" means any man-made, immovable item which becomes part of, placed on, or affixed to, a parcel of land.

"Land clearing" means the removal of tree canopy, understory or herbaceous vegetation down to bare soil, by any method.

"Landscape structure" means a structure, object and/or feature for human use and enjoyment of the land associated with decorative landscaping in relationship to a residential structure, which does not require issuance of a ministerial or discretionary permit by the county.

"Major storm event" means a two-year or larger storm (i.e., a storm with a fifty percent or less probability of occurring in any given year).

"Municipal reservoir" or "sensitive domestic water supply" means any of the following: Kimball Reservoir; Rector Reservoir; Milliken Reservoir; Bell Canyon Reservoir; Lake Hennessey; Friesen Lakes; Lake Curry; and Lake Madigan.

"NPDES program" means the runoff control requirements that earthmoving activities are subject to and administered by the planning department as outlined in the "Napa County Construction Site Runoff Control Requirements" adopted by the Napa County Board of Supervisors on December 12, 2006, or as may be amended, and the Napa Countywide Stormwater Pollution Prevention Program December 2014, or as may be amended.

"One hundred-year storm" means a storm with a one percent probability of occurring in any given year.

"Planning department" or "department" means the Planning, Building and Environmental Services Department.

"Perpetual protective easement" means an easement preserving and conserving the preserved vegetation canopy cover and vegetation understory. The protective easement shall be dedicated to the county, a public agency or a qualified nonprofit organization approved by the county, and shall be in a form acceptable to county counsel and recorded prior to commencement of earthmoving activity.

"Qualified professional biologist" means an individual possessing academic and professional experience in biological sciences and related resource management activities who is able to identify biotic resources and can recognize and is familiar with the habitats and behaviors of listed species that may be present in the county. The individual must have specialized skills and appropriate licenses/permits/certifications specific to the study being conducted (e.g., general botanical, wetland, and wildlife habitat knowledge for biotic resource and stream setback assessments, and certification by the U.S. Army Corps of Engineers in wetland delineation for wetland assessments and wetland delineation studies or maps).

"Resolution" means any resolution duly adopted by the Napa County Board of Supervisors.

"Riparian vegetation" means vegetation commonly occurring adjacent to or within streams and watercourses or along their banks including, but not limited to, such plants as willows, cottonwoods and their associated understory vegetation.

"Sensitive domestic water supply drainage" means any of the following drainages as depicted on the sensitive domestic water supply drainages map(s) maintained and hereafter modified from time to time as necessary by the director:

1.

Kimball Reservoir drainage;

2.

Rector Reservoir drainage;

3.

Milliken Reservoir drainage;

4.

Bell Canyon Reservoir drainage;

5.

Lake Hennessey drainage;

Friesen Lakes drainage;

7.

Lake Curry drainage; and

8.

Lake Madigan drainage.

"Roadway" means any surface designed, improved or ordinarily used for vehicle travel that is either publicly owned and maintained, or privately owned and maintained, but dedicated for public use.

"Shrublands vegetation" means areas where shrubs dominate, including chaparral, chenopod scrubs, coastal scrubs, and desert scrubs.

"Slope" means the inclination of the terrain calculated in accordance with the methodology set forth in Resolution No. 94-19, which is incorporated herein by reference.

"Special-status species" means plants and animals that are legally protected under the federal Endangered Species Act (ESA), the California Endangered Species Act (CESA), or other federal, state or local regulations.

"Stream" means any of the following:

1.

A watercourse designated by a solid line or dash and three dots symbol on the largest scale of the United States Geological Survey maps most recently published, or any replacement to that symbol;

2.

Any watercourse which has a well-defined channel with a depth greater than four feet and banks steeper than 3:1 and contains hydrophilic vegetation, riparian vegetation or woody vegetation including tree species greater than ten feet in height; and

3.

Those watercourses listed in Resolution No. 94-19 and incorporated herein by reference.

"Structure" means anything which is built or constructed, or any piece of work artificially built up or composed of parts joined in some definite manner whether installed on, above, or below the surface of the land.

"Track II vineyard replants" means vineyard replanting that meets the criteria of Sections 18.108.055(A), 18.108.080(D)(2)(a)(ii), and 18.108.090 of this chapter.

"Vegetation canopy cover" means the biotic communities classified as oak woodland, riparian oak woodland, or coniferous forest based on the current Manual of California Vegetation (MCV) and as described in the Napa County Baseline Data Report (2005 or as amended).

"Vegetation outboard dripline" means the furthermost edge of riparian vegetation, including the dripline of the canopy cover of woody vegetation of a stream visible on the latest edition of aerial photographs on file with the department or as determined by a field inspection conducted by the director.

"Vegetation understory" means the biotic communities classified as chaparral/scrub, shrub land, grassland, rock outcrop or vegetated portions of wetlands based on the current Manual of California Vegetation (MCV) and as described in the Napa County Baseline Data Report (2005 or as amended).

"Vineyard replanting" shall mean vine removal, ripping, recontouring or grading or any installation of erosion control measures and replanting of vines where the removal of vines began no more than six years prior to submittal of vineyard replanting program or erosion control plan to the department.

"Watershed" means a defined region draining into a river, river system, or other body of water.

"Wetland" means those areas that meet either the federal definition of wetlands, as set forth in 33 CFR § 328.3 as that section may be amended from time to time, or the State of California definition of wetland as adopted by the State Water Resources Control Board as a State Wetland Definition, as that definition may be amended from time to time. In the event of a conflict between the state and federal definition, whichever definition is more protective shall control.

"Wetland delineation map or study" means a map or study prepared by a qualified professional biologist to identify and precisely map the boundary of wetlands on a site.

"Winter shut-down period" shall mean between October 15 and April 1, except within sensitive domestic water supply drainages, the winter shut-down period shall mean between September 1 and April 1 pursuant to subsection (C) of Section 18.108.027.

(Ord. 1300 § 3, 2007: Ord. 1259 § 4, 2005: Ord. 1219 § 3, 2003: Ord. 1062 § 2, 1994; Ord. 991 § 1 (part), 1991: prior code § 12451)

(Ord. No. 1379, § 167, 1-29-2013; Ord. No. 1438, § 6, 4-9-2019)

18.108.040 - Exceptions in the form of a use permit.

Upon application by the landowner or leaseholder of a site, an exception in the form of a use permit may be granted to any of the requirements of this chapter other than subsection (B) of Section 18.108.060 if, after a public hearing, findings can be made that:

A.

For structural/road development projects, all of the following are true:

1.

Roads, driveways, buildings and other man-made structures have been designed to complement the natural landform and to avoid excessive grading;

2.

Primary and accessory structures employ architectural and design elements which in total serve to reduce the amount of grading and earthmoving activity required for the project, including the following elements:

a.

Multiple-floor levels which follow existing, natural slopes,

Foundation types such as poles, piles, or stepping levels which minimize cut and fill and the need for retaining walls, and

c.

Fence lines, walls, and other features which blend with the existing terrain rather than strike off at an angle against it;

3.

The development project minimizes removal of existing vegetation, incorporates existing vegetation into the final design plan, and replacement vegetation of appropriate size, quality and quantity is included to mitigate adverse environmental effects;

4.

Adequate fire safety measures have been incorporated into the design of the proposed development;

5.

Disturbance to streams and watercourses shall be minimized, and the encroachment if any, is the minimum necessary to implement the project;

6.

The project does not adversely impact threatened or endangered plant or animal habitats as designated by state or federal agencies or identified as special status species, sensitive biotic communities or habitats of limited distribution in the county's Baseline Data Report (2005 or as amended) or Environmental Resources Mapping System;

7.

An erosion control plan, or equivalent NPDES stormwater management plan, has been prepared in accordance with Section 18.108.080 and has been approved by the director; and

8.

The proposed development does not result in a net increase in soil loss and runoff.

B.

For agricultural projects and related agricultural roads (as determined by the planning department), all of the following are true:

1.

The proposed development does not result in a net increase in soil loss and runoff;

2.

An erosion control plan has been prepared in accordance with Section 18.108.080 and has been approved by the director;

Impacts on streams and watercourses are minimized, and adequate setbacks along these drainageways are or will be maintained; and

4.

The project does not adversely impact threatened or endangered plant or animal habitats as designated by state or federal agencies or identified as special-status species, sensitive biotic communities or habitats of limited distribution on the county's Baseline Data Report (2005 or as amended) or Environmental Resources Mapping System.

(Ord. 1259 § 5, 2005: Ord. 1062 § 10, 1994; Ord. 991 § 1 (part), 1991: prior code § 12459)

(Ord. No. 1370, § 41, 3-20-2012; Ord. No. 1438, § 7, 4-9-2019)

18.108.050 - Exemptions. ¶

This chapter shall not apply to the following activities, whether or not permits are presently required therefor, which this board hereby finds have less potential to significantly alter the present environment; are preempted by state law; or are publicly-supervised projects necessary for the protection of the immediate health and safety of the residents of Napa County:

A.

Additions to existing legally constructed single-family residences or other structures allowed without a use permit where the proposed addition is attached and when no earthmoving or grading is required with the exception of that necessary to install a foundation system and the location of the project has not been identified in the Napa County Environmental Resources Mapping System as a landslide area or within required stream, wetland or municipal reservoir setbacks as provided in subsection (B) of Section 18.108.025, Section 18.108.026 and subsection (G) of Section 18.108.027;

B.

Land clearing, earthmoving, and/or grading in connection with the construction, remodeling or other improvements of a single-family residence and/or associated accessory structures, where application for all permits required for such activities for that project have been received on or before May 13, 1991 by the county departments responsible for the issuance of such permits;

C.

Land clearing, earthmoving and/or grading in connection with the planting and/or maintenance of decorative landscaping and/or construction of landscape structures as defined in Section 18.108.030 for which no building or grading permits are required as part of an existing or approved residential structure; and the clearing and/or grading does not involve more than one acre per legal parcel, and the clearing and/or grading does not involve removal of any living tree from the ridge line or hilltop visible from any public roadway unless such tree is replaced in a manner approved by the director, and temporary erosion control measures are installed by the winter shutdown period applicable to the project site;

D.

Maintenance of private access roads, such as resurfacing (rock or asphalt), cleaning inside ditches and culvert inlets, removing or installing waterbars, construction and maintenance of all public roads and any other public facilities, including flood control facilities, required by and completed under the direction of any public agency;

E.

Land clearing, construction of improvements, grading, and/or earthmoving activity for projects specifically authorized by any use permit or other administrative or discretionary permit, including small winery exemptions, issued by Napa County or Napa County Flood Control and Water Conservation District prior to June 11, 1991; provided that this exemption shall continue to apply only to such areas for which an approved erosion control plan is on file with the department or erosion control measures were included in the use permit or other permit, and this exemption affects only those areas identified in the approved plan or permit;

F.

Land clearing, earthmoving and/or grading necessary for the construction of: (1) any septic or wastewater system or water well; (2) other facilities necessary for the protection of public health; (3) in connection with correction of any problem involving hazardous wastes or materials, where such construction or corrective activity is required by, and completed under the supervision of the department to comply with federal, state or local standards; and (4) minor trenching (so long as such work is conducted and restored outside the winter shutdown period and outside the required stream setbacks);

G.

Land clearing, earthmoving and/or grading necessary for preliminary testing for site suitability for septic systems or water wells, where such testing is approved by the department and does not involve the construction of roads for access to the parcel or testing sites and disturbed areas are revegetated or otherwise treated for erosion control;

H.

Creation and/or maintenance of defensible space for legally constructed structures or the implementation of fire management strategies completed under the guidance of the California Department of Forestry and Fire Protection;

I.

Land clearing, earthmoving and/or grading specifically authorized by a state timber harvesting permit where erosion measures were included in the project as necessary; provided, however, that this exemption shall not apply if a state timber conversion permit is a part of or included as a component of the state timber harvesting permit;

J.

Land clearing, earthmoving and/or grading pursuant to a permit other than a timberland conversion permit or a notice of less than three-acre conversion exemption (or similar exemption process) issued by: (1) a state or federal agency in compliance with applicable provisions of state or federal laws or regulations where adequate erosion control measures as determined by Napa County have been incorporated as part of the project or (2) by a city in relation to city-owned property exempt from the zoning regulations of Napa County. This exception only applies to those portions of the project specifically authorized by the state or federal permit involved. Components or parts of the project not specifically authorized by a state or federal permit shall be subject to this chapter;

K.

Land clearing, earthmoving and/or grading in connection with the abatement of a public nuisance as determined by a court of competent jurisdiction and then only in accordance with recommendations of, and under the advisory supervision of, the Natural Resources Conservation Service and California Department of Fish and Wildlife;

L.

Clearing of temporary erosion control cover crops and/or grading activities, but only in conjunction with the planting of agricultural crops or installation of erosion control measures on land cleared of vegetation and/or graded prior to May 13, 1991; provided that this exemption shall continue to apply only to such areas for which an approved erosion control plan is on file with the department or the soil conservation service and applies only to areas prepared pursuant to the approved plan;

M.

Completion of multi-year phased agricultural, vegetation and/or grading activities approved pursuant to Ordinances 956, 957, 962, 965 or 987 and "used" pursuant to Section 18.124.080 of the Napa County Code so long as the approved plans substantially conform with the erosion control standards approved through the adoption of the ordinance codified in this chapter;

N. [Reserved.];

O.

Maintenance operations for ongoing agricultural activities, including, but not limited to, maintenance of existing roads, existing erosion and sediment control devices, and activities involving minimal soil disturbance such as discing, spraying, fertilizer applications, shallow ripping for root stimulating, trellising, installation of irrigation, fencing, post hole digging, weed control and minor trenching for repair work;

P.

Earthmoving activity associated with mining and mining-related activities conducted pursuant to and in compliance with an approved surface mining and reclamation permit (Chapter 16.12);

Q.

Earthmoving activity and construction of improvements authorized by a final map or development agreement approved and recorded by Napa County after January 1, 1986, and before the effective date of the ordinance codified in this chapter;

R.

Earthmoving activity and construction of improvements authorized by use permit, site plan approval and building permit approval where provisions for erosion control were included as part of the approved permit for projects located within the industrial park or the general industrial zoning districts;

S.

Replanting of existing legally planted vineyards when the area to be replanted involves less than one acre, and the footprint of the replanting area does not change, and any recontouring, grading or re-engineering is necessary to correct existing erosion or water quality problem, regardless of slope percent of the area to be replanted;

T.

Repair and maintenance of existing water storage facilities when no permit is required from any federal, state or local agency;

U.

Land clearing, earthmoving and/or grading necessary for the construction of a water tank in connection with an existing dwelling where no construction of a roadway is necessary and the slope is fifteen percent or less; and

V.

Reconstruction of existing legally constructed structures lost to fire or other natural disaster when the rebuild area of disturbance does not exceed 125% of the original footprint, does not encroach any further into the stream setback area than the original footprint and any recontouring, grading, earthmoving or re-engineering is necessary to correct existing erosion or water quality problem, regardless of slope percent of the original footprint. This rebuild exemption may only be used once.

(Ord. 1300 § 4, 2007: Ord. 1269 § 2, 2005: Ord. 1203 § 2, 2002; Ord. 1104 § 33, 1996; Ord. 1062 § 11, 1994: Ord. 991 § 1 (part), 1991: prior code § 12460)

(Ord. No. 1379, § 168, 1-29-2013; Ord. No. 1438, § 8, 4-9-2019)

18.108.055 - Exemption from discretionary permit.

The following types of projects are NOT exempt from preparation and approval of erosion control plans (or equivalent NPDES stormwater plan for structural projects) or vineyard replanting program or standard erosion and sediment control measures, but are exempt from requirements of subsections (A) and (B) of Section 18.108.060.

A.

Replanting of existing vineyards when the footprint of the area to be replanted does not change, and any recontouring or re-engineering of existing terraces is necessary to correct existing erosion or water quality problem, provided, that an erosion control plan or a vineyard replanting program prepared in accordance with this chapter and accompanying resolution has been approved by the director or designee, the resource conservation district, or the soil conservation service.

B.

Tentative subdivision or parcel maps on file with the department as of May 14, 1991, when located within a designated urban area of the county as shown on Figure 14 of the land use element of the Napa County general plan when, as a part of the discretionary review process, an erosion control plan which meets the criteria established in this chapter and its accompanying resolution is reviewed and approved by the commission. This exemption affects only those areas identified in the approved erosion control plan.

C.

Earthmoving activity and construction of improvements associated with the construction or remodeling of a singlefamily residence or accessory structure to the residence within the following subdivisions of record which were authorized by a final map approved and recorded by the county of Napa, when an erosion control plan prepared pursuant to this chapter and its accompanying resolution is approved by the director or designee. This exemption applies only to the following subdivisions: Circle Oaks, Unit #1, R.M. Book 7, page 60; Berryessa Highlands, Unit #1, R.M. Book 8, pages 11-19, Unit #2, R.M. Book 9, pages 34-47; Berryessa Estates, Unit #2, R.M. Book 8, pages 28-34; Spanish Flat Woodlands, Unit #1, R.M. Book 7, page 89; and Berryessa Pines, R.M. Book 6, page 100.

(Ord. 1259 § 6, 2005: Ord. 1062 § 12, 1994)

18.108.060 - Slope regulations—Prohibited uses.

A.

Uses Prohibited Without an Exemption or an Exception. To minimize the risks associated with project development in areas characterized by steep slopes, high erosion potential, unstable soils, combustible vegetation and other sensitive environmental resource areas as defined by Section 18.08.270 or designated in the conservation element, the recreation and open space element and the safety element of the general plan, no construction, improvement, grading, earthmoving activity or vegetation removal associated with the development or use of land shall take place on those parcels or portions thereof generally having a slope of thirty percent or greater as defined in Section 18.108.060(C) unless exempt under Sections 18.108.050 or 18.108.055 or unless an exception through the use permit process is granted pursuant to Section 18.108.040.

B.

Uses Prohibited Without an Exemption. No structure, improvement, grading, earthmoving activity, vegetation removal or development shall be permitted on a slope greater than fifty percent unless exempt under Section 18.108.050 or 18.108.055 of this chapter.

C.

Slope Determination Methodology. The percent slope for a proposed project is described as the ratio of the vertical distance to the horizontal distance, or the elevation change in feet divided by distance in feet measured perpendicular to the contours. The percent slope of the development area described herein is the natural slope of the existing terrain, not the finished or proposed percent slope resulting from the project.

1.

Structural Development.

a.

The percent slope of the structural development area is measured perpendicular to the contours across the building pad and driveway when the driveway is less than 50 feet in length. The slope determination shall be made by evaluating a plot plan identifying contour intervals of two (2) to five (5) feet, with a scale of 1" = 20' or better.

b.

When a driveway exceeds 50 feet in length, the slope of the structural development area is measured perpendicular to the contours across the foundation and area of ground disturbance around the foundation of the proposed structure. The driveway slope shall be measured separately as identified in subsection (C)(2) of this section.

2.

Road/Access Development. The analysis for slope determination for grading involving a roadway longer than 50 feet shall be determined using the following criteria and shall be based on mapping with a maximum scale of 1" = 50' with contour intervals of five (5) feet or less.

a.

The approximate centerline of the proposed roadway shall be stationed with 0+00 being assigned to the point where grading commences.

b.

Cross sections shall be taken at each station 100 feet apart, i.e., 1+00, 2+00 etc., extending to the outer limits of grading. When the road is less than 200 feet long, then three equally spaced cross sections shall be taken. The axis of each cross section shall be perpendicular to the contours pertinent to the section. These sections shall be drawn to a scale of 1" = 10' horizontal and vertical. An average cross section slope shall be calculated by dividing the difference in elevation of the cut and/or fill catch points by the intervening distance.

c.

The average slope of the project is to be determined by averaging all of the cross sections excluding those measured at less than five percent slope. The average slope shall not exceed thirty percent and no more than three (3) cross sections shall exceed fifty percent.

3.

General Land Clearing. When earth-disturbing activities, land clearing or grading involves 30 acres or less, the slope of contiguous lands (i.e., not separated by streams, roads, or noncleared areas) is measured from a map with a scale of 1" = 100' (maximum) with contour intervals of 20 feet, or at a contour interval acceptable to the director. When earth disturbing activities, grading or removal of vegetation involves greater than 30 acres, a contour interval of two (2) feet in the Napa River Watershed and five (5) feet in other areas shall be applied. If any portion within the contiguous area to be cleared is greater than thirty percent slope, then the following standards apply:

a.

If the total area of any contiguous earthmoving, grading or land clearing is larger than one (1) acre, subareas up to one acre in size in the thirty to fifty percent slope range may be cleared subject to administrative approval by the director. No earthmoving activities, grading or land clearing exceeding one (1) acre shall occur on slopes greater than thirty percent.

b.

If the total contiguous area to of proposed earthmoving, land clearing and/or grading is less than one (1) acre, no more than ⅓ (one third) of the project area to be cleared or graded may exceed thirty percent slope, subject to administrative approval by the director.

(Ord. 1269 § 3, 2005: Ord. 1082 § 11, 1995; Ord. 1062 § 5, 1994; Ord. 991 (part), 1991: prior code § 12453)

(Ord. No. 1438, § 9, 4-9-2019)

18.108.070 - Erosion hazard areas—Use requirements. ¶

All uses not otherwise prohibited within erosion hazard areas shall comply with all of the following requirements:

A.

Erosion Control Measures. No otherwise permitted earthmoving activity, grading, improvement, or construction of a structure for nonagricultural activity shall commence until the activity is in compliance with the requirements of the NPDES program. The project shall be submitted to the applicable lead department and approved by the planning director.

B.

Erosion Control Plans. No otherwise permitted agricultural earthmoving activity, grading, or improvement, shall commence on slopes over five percent until an erosion control plan which complies with the requirements of Section 18.108.080 has been submitted to and approved by the director.

C.

Vineyard Replanting Programs. No vineyard replanting on slopes over five percent shall commence until a vineyard replanting program which complies with the requirements of Section 18.108.090 or, if found necessary, an erosion control plan which complies with Section 18.108.080 has been submitted and approved by the director.

D.

Minimization of Erosion Potential. Site development shall be conducted in a manner, based upon the topography and soil type, which creates no net increase in erosion.

E.

Phasing. The site shall be developed in phases of workable size which can be completed in a single construction season. Vineyard or other agricultural crop development shall comply with the phasing identified in an approved erosion control plan on file with the director. Erosion and sediment control measures shall be coordinated with the sequence of grading, development, and construction operations so as to avoid leaving any portion of a disturbed site unprotected from erosion during the winter shutdown period.

F.

Vegetation Removal. Vegetation removal shall be limited to the minimum amount necessary to accommodate the project and then only if in compliance with the NPDES program or as indicated on the approved erosion control plan or vineyard replanting program or grading or plot plan if standard erosion control measures were applied. The project shall not adversely impact threatened or endangered plant or animal habitats as designated by state or federal agencies or identified as special-status species, sensitive biotic communities or habitats of limited distribution in the county's Baseline Data Report (2005 or as amended) or Environmental Resources Mapping System.

G.

Temporary Measures. As the permanent vegetation cover is maturing, temporary vegetation or other erosion control measures sufficient to stabilize the soil shall be established on all disturbed areas as needed as each stage of grading is completed. New planting shall be protected by using such measures as jute netting, straw mulching and fertilizing or other means which are specified in the approved erosion control plan or vineyard re-planting program or grading or plot plan pursuant to subsection (A) of Section 18.108.070.

H.

Permanent Measures. Where building permits are required, final clearance shall not be issued until all permanent erosion control measures have been installed which are required by the approved plans pursuant to subsection (A) of Section 18.108.070.

I.

Maintenance of Erosion Control Facilities. All required erosion control facilities, both temporary and permanent, shall be maintained in accordance with the approved plans or vineyard replanting program pursuant to subsections (A) or (B) of Section 18.108.070.

J.

Completion Deadline for Drainage Facilities and Sediment Retention Devices. All drainage facilities and sediment retention devices specified in the approved plans or vineyard replanting program pursuant to subsection (A) or (B) of Section 18.108.070 shall be completed by the grading deadline, pursuant to subsection (L) of Section 18.108.070, of the calendar year in which the erosion control plan is approved or clearing and/or grading activity has commenced, whichever is later.

K.

Deadline for Winterization and Temporary Measures. Notwithstanding any other provision of this chapter, grading activity associated with "winterization" and installation of temporary erosion control measures specified on the approved plans or vineyard replanting program pursuant to subsections (A) or (B) of Section 18.108.070, other than sediment retention devices, may continue until the grading deadline of any calendar year and may occur after such date if approval by the director is granted.

L.

Grading Deadline (Winter Shutdown). Grading and earthmoving activities on slopes greater than five percent shall be limited to the period between April 1 and October 15 (or April 1 to September 1 pursuant to subsection (C) of Section 18.108.027 for work on any slopes within sensitive domestic water supply drainages) except that earthmoving or grading activity may occur during the winter shutdown period, providing it is in compliance with the NPDES program or an agricultural erosion control plan, vineyard replanting program or erosion control measures have been approved by the applicable director which specifically addresses grading and earthmoving activities during the winter shutdown period, and further provided that adequate winterization (temporary) erosion control measures have been installed before other work on the project in accordance with the approved plan or vineyard replanting program pursuant to subsections (A) or (B) of Section 18.108.070, and field checked by the director. The director, in approving plans involving grading or earthmoving activities during the shutdown period, is authorized to condition such approvals in a manner that will ensure that grading and earthmoving activities will not occur during periods of inclement weather. It shall be the responsibility of the permittee to contact the planning director for a field check at least three working days prior to continuing activity within the "winter shut-down period." Applications to conduct work during the winter shutdown period shall be submitted to the planning department at least two weeks before work is planned to commence. Applications not so submitted will be processed by the county as time allows, and will be required to pay two times the required processing fees in effect at the time of submittal. No work may be conducted in the shutdown period until an application is approved.

(Ord. 1300 § 5, 2007: Ord. 1259 § 7, 2005: Ord. 1104 § 34, 1996; Ord. 1062 § 6, 1994: Ord. 998 § 1, 1991: Ord. 991 § 1 (part), 1991: prior code § 12454)

(Ord. No. 1438, § 10, 4-9-2019)

18.108.075 - Requirements for structural erosion control measures.

A.

Submission of Evidence of Erosion Control Measures. Erosion control measures shall be incorporated as part of a project and shall appear on the applicable building, grading, septic, or other plan required to be submitted; or plot plan, if no other plan is required.

Contents. The erosion control measures indicated shall contain the information and be prepared in conformance with guidelines provided by the planning department pursuant to Chapter 16.28 of this code.

(Ord. 1259 § 8, 2005: Ord. 1104 § 35, 1996; Ord. 1062 § 7, 1994)

(Ord. No. 1438, § 11, 4-9-2019)

18.108.080 - Agricultural erosion control plans—Requirements and authorization to prepare—Field modifications.

A.

Submission of Plan. Five sets of each erosion control plan shall be submitted to the director. The plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed.

B.

Contents. The erosion control plan shall contain the information and be prepared in accordance with the format in Resolution No. 94-19, which is incorporated herein by reference.

C.

Conformance With Guidelines. To the extent relevant to the activity proposed, the erosion control plan shall substantially conform to the guidelines contained in the excerpts from the Hillside Vineyard Unit Redwood Empire Target Area Manual (Soil Conservation Service/Napa County Resource Conservation District, 1985) and the most current Manual of Standards for Erosion and Sediment Control Measures (published by the Association of Bay Area Governments), which are incorporated herein by reference.

D.

Persons Authorized to Prepare Plans. The erosion control plan shall be prepared only by the following persons:

[Reserved.]

2.

Agricultural Projects.

a.

Vineyard replant projects-erosion control plans shall be prepared by one of the following:

i.

Erosion control plans prepared by any of the following persons are subject to review by the county and/or county's consultant:

(A)

A certified professional in soil erosion and sediment control specialist (CPESC), or an NRCA employee working under the direction of a CPESC;

(B)

A licensed civil engineer;

(C)

A registered professional forester (RPF);

(D)

A licensed landscape architect;

(E)

A certified engineering geologist; or

(F)

A licensed architect.

ii.

Any persons on a pre-qualified list of consultants made available by the county with no technical review of plan by the county or county's consultant.

b.

All other agricultural development projects-erosion control plans shall be prepared by one or more of the persons designated in subsection (D)(2)(a)(i) of this section, all subject to review by the county and/or county's consultant.

E.

Field Modifications. Subsequent to approval/confirmation of the erosion control plan, the director or in the case where subsection (D)(2)(a)(ii) of this section is used, then the consultant may require field adjustments to the plan to address site-specific issues or field conditions which arose after the commencement of the activity. Such field modifications shall be confirmed in writing by the director or in the case where subsection (D)(2)(a)(ii) of this section is used by the consultant (with a copy to the director) and when so confirmed shall be deemed to be incorporated into the approved plan.

F.

Field Modifications. Subsequent to approval/confirmation of the erosion control plan, the permittee may request a field adjustment to the plan to address site-specific issues or field conditions which arose after the commencement of the activity. The permittee shall be responsible to contact the director, or in the case where subsection (D)(2)(a)(ii) of this section is used, the consultant, within twenty-four hours of the changed field condition. Changes, as deemed appropriate by the director, or in the case where subsection (D)(2)(a)(ii) of this section is used, the consultant, shall be confirmed in writing and deemed incorporated into the approved plan.

G.

No permit for activities conducted pursuant to this chapter shall be issued by the director until the erosion control plan required by this section has been approved by the director, unless the erosion control plan was prepared according to subsection (D)(2)(a)(ii) of this section where no approval is required.

(Ord. 1259 § 9, 2005: Ord. 1062 § 8, 1994; Ord. 991 § 1 (part), 1991: prior code § 12455)

(Ord. No. 1370, § 42, 3-20-2012; Ord. No. 1379, § 169, 1-29-2013; Ord. No. 1438, § 12, 4-9-2019)

18.108.090 - Requirements for vineyard replanting programs.

A.

Submission of Replant Program. Four sets of each vineyard replant program shall be submitted to the director. The program shall be of sufficient clarity to indicate the nature of the work proposed.

B.

Contents. The vineyard replant program shall contain the information and be prepared in accordance with the format in Resolution No. 94-19, which is incorporated herein by reference.

C.

Persons Authorized to Submit and Prepare Vineyard Replanting Programs. The property owner or property owner's designee is authorized to submit a vineyard replanting program.

D.

Field Modifications. Subsequent to approval of the vineyard replanting program, the director may require field adjustments to the program to address site-specific issues or field conditions which arose after the commencement of the activity. Such field modifications shall be confirmed in writing by the director and when confirmed shall be deemed to be incorporated into the approved program.

E.

Field Modifications. Subsequent to approval of the vineyard replanting program, the permittee may request a field adjustment to the program to address site-specific issues or field conditions which arose after the commencement of the activity. The permittee shall be responsible to contact the director within twenty-four hours of the changed field condition. Changes as deemed appropriate by the director shall be confirmed in writing and deemed incorporated into the approved program.

F.

No permit for activities conducted pursuant to this chapter shall be issued by the director until the vineyard replanting program required by this section has been approved by the director.

G.

Track II vineyard replants shall be ministerial within the meaning of the California Environmental Quality Act, as set forth in subsection (A) of Section 18.108.055 and Napa County's Local Procedures for Implementing the California Environmental Quality Act.

(Ord. 1062 § 9, 1994)

(Ord. No. 1438, § 13, 4-9-2019)

18.108.100 - Erosion hazard areas—Vegetation preservation and replacement. ¶

Whenever a project within an erosion hazard area requires issuance of a discretionary permit such as a use permit or an administrative permit including, but not limited to, building permits, grading permits, erosion control plans,

permits in compliance with the NPDES program and sewage disposal system permits, the permit shall be subject to the following conditions:

A.

Existing vegetation shall be preserved to the maximum extent consistent with the project. Vegetation shall not be removed if it is identified as being necessary for erosion control in the approved erosion control plan or if necessary for the preservation of threatened or endangered plant or animal habitats as designated by state or federal agencies with jurisdiction and identified on the county's environmental sensitivity maps.

B.

Existing trees six inches in diameter or larger, measured at diameter breast height, (DBH), or tree stands of trees six inches in diameter (DBH) or larger located on a site for which either an administrative or discretionary permit is required shall not be removed until the required permits have been approved by the decision-making body and tree removal has been specifically authorized.

C.

Trees to be retained or designated for retention shall be protected through the use of barricades or other appropriate methods to be placed and maintained at their outboard drip line during the construction phase. Where appropriate, the director may require an applicant to install and maintain construction fencing around the trees to ensure their protection during earthmoving activities.

D.

Wherever removal of vegetation is necessitated or authorized, the director or designee may require the planting of replacement vegetation of an equivalent kind, quality and quantity.

E.

Vegetation required to be preserved but removed either advertently or inadvertently, or before any required permit has been issued, shall be replaced with fifteen-gallon trees at a ratio of 2:1 at locations approved by the director or designee, or replaced with smaller trees at a higher ratio to be determined by the director or designee.

F.

All graded areas for nonagricultural activities shall be replanted with permanent vegetation. A revegetation plan shall be submitted for approval by the director or designee concurrently with the erosion control plan or as part of the NPDES program. All approved plant materials shall be installed prior to occupancy. Plant materials shall be drought-tolerant and compatible with the existing habitat area in which the project is located.

G.

To the extent relevant to the agriculture activity proposed, the project shall substantially conform to the guidelines contained in the Information Manual: Riparian Vegetation Management for Pierce's Disease in North Coast California Vineyard (Soil Conservation Service/Napa County Resource Conservation District, 2000 or as later amended), which are incorporated herein by reference.

H.

To prevent importation of plant insects or diseases, plant materials shall be purchased locally when practical. The county agricultural commissioner's office shall be notified of all impending deliveries of live plants with points of

origin outside of the county.

(Ord. 1300 § 6, 2007: Ord. 1259 § 10, 2005: Ord. 991 § 1 (part), 1991: prior code § 12457)

18.108.120 - Existing erosion control. ¶

No person shall cause or allow the continued existence of a condition on any site that is causing substantial erosion or runoff due to human-induced alteration of the vegetation, land surface, topography or runoff pattern.

(Ord. 991 § 1 (part), 1991: prior code § 12460.5)

(Ord. No. 1438, § 14, 4-9-2019)

18.108.130 - Variances not prohibited. ¶

Nothing in this chapter shall be construed as prohibiting any person from filing an application for, or the board or commission approving, a variance pursuant to Chapter 18.128.

(Ord. 991 § 1 (part), 1991: prior code § 12461)

18.108.135 - Oversight and operation.

A.

Installation Oversight. The qualified professional preparing an erosion control plan shall oversee its implementation. Prior to the first winter rains after construction begins and each year thereafter until the project has received a final inspection from the county or its agent and been found complete, the qualified professional shall inspect the site and certify in writing to the director that all of the erosion control measures required at that stage of development have been installed in conformance with the plan and related specifications.

B.

Maintenance. The property owner is responsible for insuring that the erosion control measures installed operate properly and are effective in reducing to a minimum erosion and related sedimentation. The property owner shall either personally or have personnel inspect and repair/clean as necessary the erosion control measures installed at least weekly during the period between October 1st and April 1st of each year. Moreover, the property owner shall either be on-site or have personnel on site as required when it is raining to inspect the erosion control measures present and take those actions necessary to keep them functioning properly.

C.

Monitoring. For projects disturbing more than one acre of land or with an average slope greater than fifteen percent, the property owner shall implement, prior to the first winter rains after installation of the planned facilities is commenced, a permanent, on-going program of self-monitoring of ground cover condition, and erosion control facility operation. The ground cover monitoring shall follow the procedures promulgated by the Natural Resources Conservation Service (NRCS) for determining rangeland condition for hydrologic assessment.

For projects involving disturbance of more than forty acres of land or containing areas with slopes greater than thirty percent totaling a quarter acre or more, an Annual Erosion Control Plan Operation Status Report specifying ground cover condition and how the erosion control measures involved are operating shall be provided to the director and, if in a sensitive domestic water supply drainage, the owner/operator(s) of any public-serving drinking water supply reservoir present by September 1st of each year. This report shall specify the proposed management and cultural measures to be used the following year to return or maintain the ground cover in good condition in all

parts of the area disturbed including vineyard avenues and any remedial actions that will be taken to get the other erosion control measures present to operate in such a manner as to minimize erosion and resultant sedimentation.

D.

Failures. The following provisions shall apply where erosion control measures have failed or are in imminent danger of failing.

1.

Property Owner Duties - Temporary Measures. The property owner shall:

a.

Notify the director in writing of the failure or pending failure of any erosion control measures within twenty-four hours of discovery and indicate the temporary measures taken to stabilize the situation; and

b.

Modify, within twenty-four hours of the time that they receive comments from the independent engineer hired by the county to review the adequacy of these temporary measures, the temporary measures in the manner deemed necessary by the property owner's engineer so as to make them adequate to prevent further damage and problems;

2.

Property Owner Duties - Permanent Remedial Measures. The property owner shall:

a.

Submit within ninety-six hours after the discovery of a failure or pending failure:

i.

An engineered plan for the remedial measures necessary to permanently correct the problem and an engineer's estimate of the cost thereof, and

ii.

A plan for cleanup of the damage done with an engineer's estimate for the cost of this work;

b.

Resubmit to the county, within forty-eight hours of the time comments are received from the independent engineer hired by the county to review the temporary measures installed, the plan, and engineer's cost estimates revised plans and estimates;

c.

Pay the county the costs of this review within forty-eight hours of demand;

d.

Post a security in one of the forms specified by subsection (A)(1) through (4) of Section 17.38.030 in the amount equal to one hundred percent of the accepted estimated total cost to do the work required to correct the situation

and cleanup the damage done within forty-eight hours of demand; and

e.

Insure that the revised plan prepared is fully implemented within ninety-six hours of its approval.

The time frames specified in this subsection are maximums. The director may in the case of an immediate threat to public health and/or safety require performance in shorter time periods.

3.

Plan Preparer Duties. The plan preparer shall provide a notice to the county within twenty-four hours of full implementation of the plan prepared to permanently correct the problem certifying that the measures shown have been installed in conformance with said plan and related specifications.

4.

Noncompliance. Failure to adhere to the provisions of subsections (D)(1) and (2) above may be considered a threat to public health and safety. The director may in such instances take immediate action without further notice or hearing to remedy the situation and bill the property owner for the remedial work done. The director shall keep an itemized account of the costs incurred in remedying the situation. The board shall conduct a hearing on the costs in accordance with Sections 1.20.090 through 1.20.130 of this code and shall give the property owner an opportunity to object to the costs prior to recording a lien against the property or pursuing other cost-recovery actions.

E.

Inspection.

1.

Each project requiring an erosion control plan that has not received a final inspection and been found complete by the director shall be inspected by the county or its agent after the first major storm event of each winter until the project has been completed and stable for three years. If it is found that the erosion control program implemented is not functioning properly or is ineffective the property owner shall take such remedial measures as the director deems necessary to reduce erosion and related sedimentation to minimal levels. The full costs of said measures and the related inspections shall be borne by the property owner.

2.

Five percent of projects that have received a final inspection and been found complete by the director shall be spot checked by the director each year to confirm groundcover condition and the proper operation of other erosion control measures. The director, in cooperation with the Napa County Resource Conservation District (RCD) and other county departments and agencies, will develop a remedial program to address any deficiencies that may be identified as the result of these spot checks. The property owner shall implement this program, which may include re-seeding all or some portions of the site or changing agricultural or management practices. The property owner shall pay all costs associated with these spotchecks.

F.

Right of Entry. With the property owner's consent, with a warrant, or in an emergency, the property owner shall give the director full and complete access to and throughout the project area so as to allow:

Inspection of the erosion control and any remedial measures installed there to insure that they are functioning properly;

2.

The making of necessary repairs or corrections to alleviate an erosion control problem or potential erosion control problem; or

3.

The performance of needed maintenance.

(Ord. 1219 § 4, 2003; Ord. No. 1438, § 15, 4-9-2019)

18.108.140 - Security, violations, and penalties.

Security.

1.

No earthmoving activity, grading, improvement, or construction of a structure for which an erosion control plan is required or for which compliance with the NPDES program is required by this chapter shall commence until the property owner has filed security in the form, specified in subsection (A)(2) of this section if any of the proposed earth moving activities:

a.

May pose a significant safety or public health risk;

b.

May result in a potential water quality impairment;

c.

Is located in an area determined to have a severe soil erosion hazard as determined by the director based on the Napa County Soil Survey prepared by the NRCS, incorporated herein by reference;

d.

Is located in a sensitive domestic water supply drainage;

e.

Involves a failure or potential failure of existing erosion control measures; or

f.

c.

The director has made a final inspection and confirmed ongoing maintenance of the erosion control measures.

B.

Violations. Whenever the director determines that a violation of this chapter has occurred, the director shall notify the violator in writing of the violation and require that certain conditions be implemented or adhered to in a reasonable amount of time to correct the erosion problem. Conditions may include applying for approval of an erosion control plan, implementation of remedial erosion control actions, removal of agricultural crops and related infrastructure planted without an approved erosion control plan or use permit, removal of structures constructed in violation of the NPDES program, and/or revegetation of disturbed areas. Each failure to comply with the director's

notice or meet the deadlines specified therein shall constitute a separate and distinct violation, punishable as set forth in subsection (C) of this section. Moreover, the county and its agents may with the property owner's consent, with a warrant, or in an emergency enter the property and make necessary repairs or corrections, or perform needed maintenance. The property owner shall fully and completely reimburse the county for the costs associated with this remedial work.

C.

Penalties. It is unlawful and a public nuisance for any person to violate any of the provisions of this chapter for any purpose or to cause any other person to do so. Such a violation shall be enforceable as a misdemeanor pursuant to Napa County Code Sections 1.20.150 and 1.20.160. Such a violation may also be abated as a public nuisance by judicial action or by administrative enforcement in accordance with the procedures set forth in Chapter 1.20, commencing with Section 1.20.010, including those pertaining to treble damages for multiple judgments. In addition administrative penalties may be imposed in the manner specified in Chapter 1.28 (Administrative Penalty) of the Napa County Code. In addition, the director may issue a stop work order, report the violator to the appropriate licensing agencies (such as the State Contractor's Licensing Board), report the violator to applicable responsible and trustee agencies, require that the violator apply for and obtain all required permits, refer the matter to the district attorney's office for civil or criminal prosecution and any such other remedies the director deems appropriate.

(Ord. 1300 § 7, 2007: Ord. 1269 § 4, 2005: Ord. 1219 § 5, 2003: Ord. 991 § 1 (part), 1991: prior code § 12462) (Ord. No. 1438, § 16, 4-9-2019)

Chapter 18.109 - STATE-MANDATED STREAMLINED APPROVAL PROCESSES

18.109.010 - Purpose.

The purpose of this Chapter is to:

A.

Implement the review and approval requirements of California Government Code Sections 65650 et seq. ("State Supportive Housing Law"), 65660 et seq. ("State Low Barrier Navigation Centers Law"), 65913.4 ("State Streamlined Ministerial Approval Process"), Section 65912.100 et seq. ("Affordable Housing and High Road Jobs Act of 2022"), Section 65913.16 ("Affordable Housing on Faith and Higher Education Lands Act of 2023"), and Section 65852.28 ("Subdivisions of Less than 10 Units on Multifamily Sites"), and all other state law provisions requiring ministerial approval of certain development projects; and

B.

Facilitate the development of housing consistent with the goals, objectives, and policies of the County's General Plan Housing Element as may be amended from time to time.

(Ord. No. 1495, § 51, 9-24-2024)

18.109.020 - Definitions—Reserved.

(Ord. No. 1495, § 51, 9-24-2024)

18.109.030 - Qualifying projects. ¶

To qualify for the ministerial approval process, described in in Section 18.109.040, the applicant shall demonstrate that the project qualifies for the ministerial approval process specified in state law.

(Ord. No. 1495, § 51, 9-24-2024)

18.109.040 - Ministerial approval.

A.

The County will ministerially approve an application for a development project that is eligible for ministerial review within the timelines specified in state law when an applicant submits an application as specified by this chapter.

B.

An application for ministerial approval shall be filed with the director, who shall determine whether the development project is eligible for ministerial approval as specified in Section 18.109.050.

(Ord. No. 1495, § 51, 9-24-2024)

18.109.050 - Application requirements.

A.

Prior to submitting an application for streamlined ministerial review under Government Code Section 65913.4, the applicant must submit to the director a notice of intent to submit an application and complete any requested tribal consultation, in accordance with Government Code Section 65913.4(b). In addition, any public meeting required by Government Code Section 65913.4(q) must be held prior to submittal of an application under Section 65913.4.

B.

All applications for ministerial review filed pursuant to this Chapter shall be filed with the director in a form prescribed by the director.

C.

No application for ministerial approval shall be deemed received until the relevant application form is submitted, and all fees for the application as set forth in the schedule of fees have been paid. No fee shall be deemed received until any negotiable instrument has been cleared and funds deposited on the County's account.

D.

The application shall include the following information:

1.

A statement describing which ministerial approval process is being applied for.

2.

Evidence that the development project is eligible for the requested ministerial approval process and meets all of the requirements of state law.

Standard county permit conditions and conditions required to comply with state or federal law may be applied to project approval.

H.

Following approval of an application, but prior to issuance of a building permit for the approved project, the director may require changes to the project that are necessary to comply with standards required to receive a post entitlement permit (as defined by Government Code Section 65913(j)(3)(A)), including, without limitation, the objective uniform construction codes (including but not limited to building, plumbing, electrical, fire, and grading codes) or to comply with federal or state laws.

(Ord. No. 1495, § 51, 9-24-2024)

Chapter 18.110 - OFF-STREET PARKING AND LOADING FACILITIES

18.110.010 - Purpose. ¶

The purpose of this chapter is to reduce street congestion and traffic hazards and to increase the safety and convenience of citizens by providing adequate, attractively designed, and functional facilities for off-street parking and loading. Where parking requirements in this section conflict with those specified in a particular zoning district, the requirements contained in the specific zoning district shall control. The parking standards in this section do not

apply to agricultural and winery uses. This chapter is also intended to promote non-automotive transportation and promote transportation/parking management programs.

(Ord. 1260 § 4, 2005: Ord. 1161 § 2 (part), 1999)

18.110.020 - General provisions. ¶

Off-street parking spaces and specified non automotive transportation and transportation/parking management programs for use by occupants, guests, clients, customers and visitors shall be provided on-site in accordance with Section 18.110.030 at the time any building or structure is constructed, erected or modified, or a new use is established.

(Ord. 1161 § 2 (part), 1999)

18.110.030 - Number of parking spaces required. ¶

Use	Parking Spaces Required*
Auto dismantling/wrecking	1 per employee** + 1 per 1000 sq. ft. ofce area
Banks w/o ATM	1 per 400 sq. ft.
Banks w/ATM	1 per 400 sq. ft. + 1.5 for each machine
Business and professional ofces, excluding medical and dental ofces	1 per 250 sq. ft.
Churches or house of worship	1 per employee + 1 per each 3.5 seats in main sanctuary
Day care	1 per employee + 1 per 12 children
Hospitals	1 for each bed, + 1 for each employee on the shift w/ the maximum number of personnel
Hotels, motels	1 per unit + 1 for each nonresident manager
Hotel/resort/conference center/golf:
Hotel	1 per room
Conference center	.5 per person @ maximum permitted occupancy
Food service facilities	1 per 120 sq. ft.
Retail	1 per 250 sq. ft.
Golf	1 per every two employees plus 3 per golf hole
Manufacturing	1 per 500 sq. ft.
Medical and dental
Medical and dental clinics/ofces	1 per 200 sq. ft.
Processing/laboratory	1 per 500 sq. ft.
Research	1.5 per employee
Residential units:
Single-family	2 + 1 per accessory dwelling unit or guest house, except that no additional parking is needed for the accessory dwelling unit if the conditions in Section 18.104.180 are met. No additional parking is required for a junior accessory dwelling unit.
---	---
Multiple-family (min)	One parking space per studio unit; 1.25 parking spaces per one-bedroom and larger unit; and 0.25 parking spaces per unit for guests regardless of unit size.
Restaurant and any other establishment selling food and beverages for consumption on-site (including bars and taverns, night clubs w/o live entertainment)	1 per 120 sq. ft.
Restaurants with a counter and/or take out service or drive-in/thru facilities	1 per 120 sq. ft. + 1 for each 50 sq. ft. of those areas devoted to counter/take out service
Retail stores, shops, service establishments	1 per 250 sq. ft. including shopping centers
Schools:
Elementary and junior high	1 per employee
High schools	1 per employee + 1 per 10 students
Colleges (academic, business, beauty, technical, etc.)	1 per employee + 1 per 3 students
Self-serve laundry and dry-cleaning facilities	1 per 200 sq. ft.
Service station	3 per service bay + 1 per employee on day shift
Warehousing/storage as defned by Chapter 18.08	1 per each 1,000 sq. ft. for the frst 10,000 sq. ft., and 1 per 2,000 sq. ft. for all warehouse area exceeding 10,000 sq. ft.
Use of a building, structure or premise not otherwise listed	The planning commission or zoning administrator shall determine the number of parking spaces required for any use not specifcally listed. In determining such uses, the above parking space requirements shall be used as a general rule and guideline.

Where the computation of required parking spaces produces a fractional result, fractions of one-third or greater shall require one full parking space.

** An employee means full time or the equivalent of full time.

(Ord. 1234 § 13, 2004: Ord. 1161 § 2 (part), 1999; Ord. No. 1423, § 6, 9-26-2017; Ord. No. 1456, § 6, 2-11-2020; Ord. No. 1495, § 52, 9-24-2024)

18.110.040 - Miscellaneous requirements.

Parking Limits. The commission or zoning administrator may in its discretion establish a maximum number of parking spaces where the proposed number of spaces exceeds these standards.

B.

Bicycle Parking. Bicycle parking facilities shall be provided for all nonresidential uses as specified below:

Number of Automobile Parking Spaces Required	Number of Bicycle Parking Spaces Required
0-4	0
5-10	2
10+	10

1.

Each bicycle parking space shall be not less than six feet long by two feet wide and shall include a parking rack capable of supporting bicycles of various sizes in a vertical position. Parking racks shall be securely fastened to the ground or lot surface and be of sufficient structural strength to resist vandalism and theft. All bicycle parking spaces shall be located in a safe, secure area and, when feasible, near the entrance to the building.

2.

If the automobile parking requirement is twenty spaces or more, one-half of the total bicycle parking required shall be covered. Covered spaces shall not be located within any required yard area. Design of the covered area shall be consistent with the project building design. Alternately, covered space requirements may be satisfied by use of bicycle lockers or within the building if readily accessible to the outside. All required bicycle parking spaces shall be shown on plans submitted for permit approval.

C.

Compact Car Spaces. Thirty-five percent of the required parking spaces shall be designed for compact or small cars. Compact car spaces shall be designed and located in conformance with the Napa County Road and Street Standards.

D.

Cumulative Parking Requirements. When two or more uses are located in the same building or parcel and share common parking facilities, the parking requirements shall be the sum of the separate requirements for each use, except as may be provided for in this chapter.

E.

Cooperative Parking Facilities. The parking requirements for two or more uses of the same or different types on the same parcel, may be reduced by the commission or zoning administrator if it can be demonstrated that the nature of the uses of the facility will result in multi-purpose trips being made to the site or trips being made to individual uses at different times of the day or week. This reduction may not exceed ten percent of the total number of spaces that would be required if each use was assessed independently.

Be in scale with associated buildings;

3.

Utilize materials which are an integral part of the architecture and site development map;

Not create a nuisance or hazard for aviation; and

5.

Be shielded so that the lighting source is not visible from off-site locations.

The planning commission or zoning administrator may require that site lighting, including building mounted fixtures, be turned off to reduce night time impacts on adjacent uses.

D.

Landscaping and Screening.

1.

All parking areas shall be screened from public streets.

2.

All parking areas shall provide interior landscaping for shade and visual enhancement. Parking lots shall be landscaped at a minimum ratio of one tree per six parking spaces for double-loaded stalls, and one tree per three spaces for single-loaded stalls.

3.

Parking lot landscaping shall utilize natural or adapted species appropriate for the site and shall include trees, shrubs and ground covers. The minimum tree size shall be fifteen gallon unless a larger size is specified by the planning commission or zoning administrator. Existing vegetation shall be incorporated into parking lot landscape.

4.

A landscape plan shall be submitted for review and approval by the planning, building and environmental services department prior to issuance of building permits or other administrative approvals to ensure consistency with this chapter. Plans shall be prepared by qualified professionals as determined by the director of the conservation development and planning department and shall specify the names of all plant species (botanical and common name), the numbers of plants of each species, the spacing and method of irrigation. All landscaping shall be permanently maintained.

5.

All landscaped areas shall be irrigated utilizing an automatic system, unless waived by the director. All landscaped areas shall utilize treated waste water for irrigation to the maximum extent possible.

6.

Landscape planting areas shall be provided between all buildings and parking areas, excluding loading and service areas.

7.

A minimum of ten square feet of landscaped area shall be provided for each parking space. This is in addition to the landscaping of required setback areas. The planning commission or zoning administrator may approve a different landscape standard as part of its review of discretionary permits, so long as the alternative standards meet the purpose and intent of this chapter.

8.

Perimeter parking lot landscaping shall include trees at thirty feet on center. Ground cover and continuous evergreen hedging or shrub clusters, shall be maintained at a maximum height of thirty-six inches. The planning commission or zoning administrator may approve alternative landscape treatments as part of its review of discretionary permits, so long as the alternative standards meet the purpose and intent of this chapter.

9.

All landscape improvements and plant material shall be consistent with applicable area or specific plans.

10.

Parking areas containing twenty or more spaces shall establish pedestrian crosswalks across the parking lot which shall connect building entries to sidewalks, pedestrian paths or outdoor use areas. Crosswalks shall incorporate appropriate special paving or treatment and landscaping to separate and define the pedestrian area from vehicular areas.

(Ord. 1161 § 2 (part), 1999)

(Ord. No. 1379, § 170, 1-29-2013)

18.110.060 - Off-street loading and service facilities. ¶

A.

All service and loading areas shall be screened from public streets and adjacent properties with a combination of landscaping and fencing.

B.

Loading and service areas shall be designed and located so that the entire operation is conducted within the confines of the site.

C.

No service or loading areas shall be located within a required front yard, landscape or exterior yard setback.

D.

No loading or service area shall be situated in such a manner so as to face a state highway.

E.

All loading spaces shall have minimum dimensions of twelve feet by forty feet, with fourteen feet of vertical clearance.

F.

All loading spaces shall be paved and all outdoor storage areas and access ways shall at a minimum be surfaced with rolled rock.

G.

One loading space shall be provided for the first ten thousand square feet of gross building floor area plus one additional space for each forty thousand square feet of gross floor area above ten thousand square feet for uses devoted to storage/warehousing, manufacturing, processing or research. No loading space shall be required for buildings that are employed entirely for office use.

(Ord. 1161 § 2 (part), 1999)

18.110.070 - Parking and loading facilities—Improvement standards. ¶

The improvements resulting from application of any part of this chapter shall be constructed according to plans and specifications that meet the approval of the director of public works. The Napa County Road and Street Standards are incorporated herein by reference and, unless modified by the zoning administrator or commission pursuant to this chapter, shall apply as determined by the director of public works.

(Ord. 1161 § 2 (part), 1999)

Chapter 18.112 - ROAD SETBACKS

18.112.010 - Establishment—Purpose. ¶

The board of supervisors declares that the county, through the planning commission and the board of supervisors, is engaged in developing and updating the master plan of streets and highways within the county for the purpose of assuring ample transportation facilities for the present and future; that the magnitude of the undertaking precludes precise plans being completed in their entirety in time to fully guide all development occurring within the county; that the surveys, hearings, map preparation and requirements of the law governing such matters necessitate such detailed plans being developed progressively; that to conserve the public interest and to assure economies and public safety and welfare it is imperative that necessary rights-of-way for streets and highways within the county be protected against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or make impractical the retention or creation of thoroughfares adequate in alignment, dimensions and vision clearance to serve the public needs, safety and welfare; and that to deal effectively with the practical problem thus presented, certain minimum road setbacks are hereby established on a county-wide basis.

(Ord. 982 § 4 (part), 1991: Ord. 867 § 2 (part), 1988: Ord. 511 § 1 (part), 1976: prior code § 12500(a))

(Ord. No. 1379, § 171, 1-29-2013)

18.112.020 - Restrictions. ¶

Except for official, directional or other signs permitted by state law and this code to be located within the road right-of-way of a state or county highway, no building, structure, well, utility facility or other improvement may be erected, constructed, enlarged, or established on, over or under the area within the established road setback.

(Ord. 982 § 4 (part), 1991: Ord. 867 § 2 (part), 1988: prior code § 12500(b))

18.112.030 - Measurement. ¶

The road setbacks prescribed by this chapter shall be measured from the centerline of the right-of-way, easement, offer of dedication or combination thereof for the street, road or highway, including any portions which lie within incorporated city limits.

(Ord. 982 § 4 (part), 1991: Ord. 867 § 2 (part), 1988: Ord. 511 § 1 (part), 1976: prior code § 12500(c))

18.112.040 - State highways.

A seventy-foot road setback is established for the following state highways: State Highway Routes 12, 29, 121 and 128.

(Ord. 982 § 5, 1991: Ord. 511 § 1 (part), 1976: prior code § 12501)

18.112.050 - Stanly Lane. ¶

A seventy-foot road setback is established for Stanly Lane from State Highway 12-121 southeast to end.

(Ord. 982 § 6, 1991: Ord. 511 § 1 (part), 1976: prior code § 12502)

18.112.060 - Silverado Trail. ¶

A seventy-foot road setback is established for the Silverado Trail from State Highway 29 in Calistoga south to Trancas Street in Napa.

(Ord. 982 § 7, 1991: Ord. 511 § 1 (part), 1976: prior code § 12503)

18.112.070 - Arterial county roads.

A forty-two-foot road setback is established on the following roads:

1.

American Canyon Road from State Highway 29 east to county line;

2.

Big Ranch Road from Trancas Street north to end;

3.

Berryessa-Knoxville Road from State Highway 128 northwest to intersection of Pope Canyon Road;

4.

Browns Valley Road between Napa city limits;

5.

Butts Canyon Road from Aetna Springs Road, northeast and west to Lake County line;

6.

Chiles and Pope Valley Road from State Highway 128 northwest to Howell Mountain Road;

7.

Coombsville Road from Napa city limits east to Fourth Avenue;

8.

Deer Park Road from State Highway 29 east to Silverado Trail;

Flosden Road from Solano County line north to American Canyon Road;

10.

Hardman Avenue from Silverado Trail northeast to Atlas Peak Road;

11.

Imola Avenue East from Napa city limits east to Shurtleff;

12.

Lower Chiles Valley Road from State Highway 128 northwest to Chiles and Pope Valley Road;

13.

Old Sonoma Road from State Highway 12-121 northeast to Napa city limits;

14.

Pope Valley Road from Howell Mountain Road northwest to Aetna Springs Road;

15.

Redwood Road from State Highway 29 west to Dry Creek Road;

16.

Soscol Avenue in the vicinity of the city of Napa;

17.

Trancas Street from the Napa city limits east to Silverado Trail (State Highway 121);

18.

Tubbs Lane from State Highway 128 northeast to State Highway 29;

19.

Zinfandel Lane from State Highway 29 northeast to Silverado Trail.

(Ord. 982 § 9, 1991: Ord. 511 § 1 (part), 1976: prior code § 12505)

18.112.080 - Collector county roads. ¶

A thirty-foot road setback is established on the following roads:

1.

Aetna Springs Road from Pope Valley Road and Butts Canyon Road west to Oat Hill Road;

Atlas Peak Road from State Highway 121 northerly to end;

3.

Bale Lane from State Highway 29 northeast to Silverado Trail;

4.

Bayview Avenue from Las Amigas Road west to end;

5.

Bell Lane from State Highway 121 southeast to end;

6.

Berryessa-Knoxville Road from Pope Canyon Road intersection north to Lake County line;

7.

Bennett Lane from Tubbs Lane west to State Highway 128;

8.

Broadway from Solano County line north to American Canyon Road;

9.

Brookside Drive from White Cottage Road east to Howell Mountain Road;

10.

Buhman Avenue from Napa city limits south to Old Sonoma Road;

11.

Carol Drive from West Pueblo Avenue north to Napa city limits;

12.

Clark Way from College Avenue east to Howell Mountain Road;

13.

College Avenue from White Cottage Road southeast to Howell Mountain Road;

14.

Congress Valley Road from Old Sonoma Road west to Buhman Avenue;

15.

Conn Valley Road from Howell Mountain Road east to end;

Coombsville Road from Fourth Avenue east to Wild Horse Valley Road;

17.

Crawford Way from State Highway 29 west to Chaucer Lane;

18.

Crystal Springs Road from Silverado Trail south to Sanitarium Road;

19.

Cuttings Wharf Road from State Highway 12-121 southerly to Napa River;

20.

Dealy Lane from Old Sonoma Road northwest to Henry Road;

21.

Deer Park Road from Silverado Trail northeast to Howell Mountain Road;

22.

Diogenes Drive from White Cottage Road east to Brookside Drive;

23.

Donaldson Way from State Highway 29 to Eucalyptus Drive;

24.

Dollarhide Road from Hardin Road northeast to end;

25.

Dry Creek Road from Napa city limits to Sonoma County line;

26.

Duhig Road from State Highway 12-121 south to Sonoma County line;

27.

Dunaweal Lane from State Highway 29 to Silverado Trail;

28.

El Centro Avenue between Napa city limits to Big Ranch Road;

29.

Evey Road from Bennett Lane north to end;

First Avenue from Coombsville Road north to Hagen Road;

31.

Foster Road from vicinity of city of Napa south to Golden Gate Drive;

32.

Fourth Avenue from Imola Avenue East, northeast to Coombsville Road;

33.

Glass Mountain Road from Silverado Trail east to Sanitarium Road;

34.

Golden Gate Drive from Napa city limits southwesterly to end;

35.

Gordon Valley Road from Wooden Valley Cross Road to Solano County line;

36.

Green Island Road from State Highway 29 west to end;

37.

Greenwood Avenue from State Highway 29 west to end;

38.

Hagen Road from Napa city limits northeast to Third Avenue;

39.

Hardin Road from Maxwell Canyon Road southeast to Dollarhide Road;

40.

Henry Road from Buhman Avenue northwest to end;

41.

Howell Mountain Road from vicinity of city of St. Helena north to Pope Valley Road;

42.

Imola Avenue East from Shurtleff east to Fourth Avenue;

43.

Ink Grade from Howell Mountain Road north to Pope Valley Road;

James Road from American Canyon Road West north to Wilson Way;

45.

Kelly Road from State Highway 29 north to State Highway 12 and northwest to reintersection with State Highway 12-29;

46.

Larkmead Lane from State Highway 29 northeast to Silverado Trail;

47.

Las Amigas Road from Cuttings Wharf Road westerly to Duhig Road;

48.

Linda Vista Avenue from vicinity of city of Napa northwesterly to Dry Creek Road;

49.

Lodi Lane from State Highway 29 northeast to Silverado Trail;

50.

Lynch Road from State Highway 12 east and south to reintersection with State Highway 12;

51.

Melvin Road from Wilson Way north to Cassayre Drive;

52.

Miller Court from Trancas Street easterly to end;

53.

Milton Road from Las Amigas Road southeast to Southern Pacific Railroad;

54.

Mt. Veeder Road from Redwood Road northwest to Dry Creek Road;

55.

Myrtledale Road from Calistoga city limits northwest to Tubbs Lane;

56.

North Avenue from First Avenue east to Third Avenue;

57.

Oak Knoll Avenue from State Highway 29 east to Silverado Trail;

Oakville Crossroad from State Highway 29 east to Silverado Trail;

59.

Oakville Grade from State Highway 29 southwest to Dry Creek Road;

60.

Orchard Avenue from vicinity of city of Napa west to Dry Creek Road;

61.

Partrick Road from Napa city limits northwest to end;

62.

Penny Lane from Imola Avenue East north to end;

63.

Petrified Forest Road from Calistoga city limits west to Sonoma County line;

64.

Poco Way from State Highway 29 to Melvin Road;

65.

Pope Canyon Road from Chiles and Pope Valley Road northeast to Berryessa-Knoxville Road;

66.

Pope Valley Crossroad from Chiles and Pope Valley Road northeast to Pope Canyon Road;

67.

Redwood Road from Dry Creek Road westerly to end;

68.

Rio Del Mar from State Highway 29 southwest to end;

69.

Rio Grande, end to end;

70.

Salvador Avenue from vicinity of city of Napa east to Big Ranch Road;

71.

Sanitarium Road from Deer Park Road north to rejoin Deer Park Road;

Second Avenue from Coombsville Road north to end;

73.

Shetler Avenue in the vicinity of the city of Napa;

74.

Shurtleff Avenue in the vicinity of the city of Napa;

75.

Sky Oaks Drive from College Avenue to White Cottage Road;

76.

Soda Canyon Road from Silverado Trail north to end;

77.

Solano Avenue from city limits of Napa north to city limits of Yountville;

78.

Spring Mountain Road from St. Helena city limits west to Sonoma County line;

79.

Steele Canyon Road from State Highway 128 east and north to end;

80.

Sulphur Springs Avenue from St. Helena city limits west to Lewelling Road;

81.

Terrace Drive in the vicinity of the city of Napa;

82.

Theresa Avenue from Los Altos north to Napa Junction Road;

83.

Third Avenue from Coombsville Road northeast to Hagen Road;

84.

Thompson Avenue from Congress Valley Road north to Napa city limits;

85.

Vichy Avenue from Hagen Road northwest to State Highway 121;

Washburn Avenue from Diogenes Drive to Sky Oaks Drive;

87.

Washington Street State Highway 29 south to Yountville city limits and south to Dry Creek;

88.

West Caroline Drive from Rio Del Mar westerly to end;

89.

West Pueblo Avenue in the vicinity of the city of Napa;

90.

West Zinfandel Lane, from State Highway 29 west to end;

91.

White Cottage Road from intersection of Deer Park Road and Howell Mountain Road north to rejoin Howell Mountain Road;

92.

Wild Horse Valley Road from Coombsville Road east to Shady Brook Lane;

93.

Wilson Way from James Road east to Melvin Road;

94.

Wooden Valley Road from State Highway 121 southeast to Solano County line;

95.

Wine County Way in the vicinity of the city of Napa;

96.

Wooden Valley Cross Road from Wooden Valley Road to Gordon Valley Road;

97.

Wragg Canyon Road from State Highway 128 north to Lake Berryessa take line;

98.

Wyatt Avenue from Shurtleff Avenue northwest to Terrace Drive;

99.

Yount Mill Road from State Highway 29 southeast to Yountville city limits;

Yountville Cross Road from Yountville city limits northeasterly to Silverado Trail.

(Ord. 982 § 10, 1991: Ord. 511 § 1 (part), 1976: prior code § 12506)

18.112.090 - Other public roads.

The road setback for each public road not listed in Sections 18.112.040 through 18.112.080 shall be equal to twenty-eight feet except for those roads located within the following subdivisions: Lake Berryessa Estates, Deer Park Estates, Berryessa Park, Spanish Flat Woodlands, Pueblo Park—all units, Pueblo de Salvador, and Zinfandel Subdivision. The road setbacks for roads within those subdivisions shall be equal to one-half of the existing rightof-way.

(Ord. 1268 § 9, 2005: Ord. 1144 § 5, 1998: Ord. 982 § 12 (part), 1991: Ord. 867 § 3, 1988: Ord. 511 § 1 (part), 1976: prior code § 12508)

18.112.100 - Private Roads.

The road setback for any private road, other than a driveway serving only the parcel on which the driveway is entirely located, shall be equal to twenty-eight feet.

(Ord. 982 § 12 (part), 1991: Ord. 867 § 4, 1988: Ord. 511 § 1 (part), 1976: prior code § 12509)

18.112.110 - Exceptions and modifications.

The road setbacks otherwise prescribed by this chapter shall be subject to the following exceptions and modifications:

A.

Slope Easement. On any roads where the county has obtained a slope easement adjacent to a road, the road setback otherwise required by this chapter shall be modified to the extent necessary to ensure that the setback extends at least ten feet beyond the slope easement line if that is a greater distance from the centerline than the otherwise required setback.

B.

State Route 29 through Oakville and Rutherford.

1.

Within the community of Oakville, the road setback shall be forty feet from the centerline of existing pavement for a distance of one thousand feet north and one thousand feet south, measured from a point located in the center of the intersection of the existing paved roadway of State Route 29 and the county road known as Oakville Crossroad.

2.

In the vicinity of the community of Rutherford, the road setback shall be forty feet from the centerline of existing pavement for a distance of one thousand feet north and one thousand feet south, measured from a point located in the center of the intersection of the existing paved roadway of State Route 29 and State Route 128.

C.

State Route 128. In the vicinity of the community of Rutherford the road setback shall be thirty feet from the centerline of existing pavement for a distance of five hundred feet measured easterly from a point located in the center of the intersection of the existing paved roadway of State Route 128 and State Route 29.

(Ord. 982 § 12 (part), 1991: Ord. 511 § 1 (part), 1976: prior code § 12510)

18.112.115 - Exemptions.

All parcels within the Berryessa Highlands Subdivision, Units I & II, and Lake Berryessa Estates Unit II shall be exempt from the requirements of this chapter.

(Ord. 1268 § 10, 2005: Ord. 1212 § 2, 2002)

18.112.120 - Building permit—Conditions for issuance.

Prior to issuance of a building permit, the public works and planning departments shall review the application in light of the road setback requirements set forth in this chapter. No building permit shall be cleared for issuance for a project which would not comply with the road setbacks as specified herein unless a variance, road setback exemption, or a fence permit where applicable, is first obtained.

(Ord. 1268 § 11, 2005: Ord. 982 § 12 (part), 1991: Ord. 511 § 1 (part), 1976: prior code § 12511)

(Ord. No. 1370, § 43, 3-20-2012)

18.112.130 - Denial of building permit—Appeal.

Any person aggrieved by the determination of the director of public works regarding the location of the road setbacks applicable to a project for which a building permit has been requested and the refusal of the director to issue a building permit permitting construction within road setbacks may appeal in the manner provided by Chapter 2.88.

(Ord. 1201 § 8, 2002: Ord. 982 § 12 (part), 1991: Ord. 906 § 41, 1989: Ord. 867 § 5, 1988: prior code § 12512)

18.112.140 - Variances—Conditions for granting.

A.

Variances from the requirements of this chapter shall be processed in accordance with the procedures set forth in Chapter 18.128, commencing with Section 18.128.010.

B.

Any such variance shall be granted only if, in addition to the findings required to be made by the zoning administrator or commission pursuant to Section 18.128.060(A), the zoning administrator or commission also expressly finds that granting the variance will not affect in a significantly adverse manner the interests of the public in preserving the integrity of the master plan of streets and highways.

(Ord. 982 § 12 (part), 1991: Ord. 867 § 6, 1988: prior code § 12513)

18.112.150 - Alternative relief. ¶

Nothing in this chapter shall be construed to restrict the right of any person seeking declaratory relief, or any other legal or equitable relief applicable to his particular case. This chapter shall not be construed to deprive an owner of land of any property right without compensation.

(Ord. 867 § 7, 1988: prior code § 12514)

18.112.160 - Violation—Penalty. ¶

Figure 18.116.020(B): Example of Real Estate Sign

C.

One temporary construction sign not exceeding six square feet in sign area identifying the architect, engineer, contractor or builder associated with the construction project on the lot on which the sign is located, so long as permitted construction is occurring on the lot;

==> picture [192 x 147] intentionally omitted <==

Figure 18.116.020(C): Example of Temporary Construction Sign

D.

Political signs not exceeding an aggregate area of one hundred twenty-eight square feet in sign area per parcel provided such signs are not located within any public right-of-way. The maximum aggregate area applies to the total signage allowed per parcel; it does not apply per candidate or issue. All sides of a multi-sided sign will be included in the aggregate area calculations. No political sign shall be displayed earlier than ninety days prior to the election in which the candidate or ballot measure will be voted on. All political signs shall be removed within ten days thereafter, except that a sign on behalf of a candidate who is successful in a primary election may be retained for the general election. Removal of political signs shall be the responsibility of the property owner;

==> picture [393 x 102] intentionally omitted <==

Figure 18.116.020(D): Examples of Political Signs

E.

Changes in the copy of signs consistent with and permitted pursuant to this section, including, but not limited to signs approved by a use permit or by a comprehensive sign plan;

F.

Physical maintenance of signs consistent with and permitted pursuant to this section, including, but not limited to signs approved by a use permit or by a comprehensive sign plan, provided that such maintenance shall not materially alter the physical features of such signs;

G.

One sign, not exceeding three square feet in sign area, for the purpose of providing contact information for agricultural parcels that are not otherwise identified (e.g., vineyards, grazing areas not associated with other signage):

1.

The sign shall be single-faced, shall use letters no greater than two and one-half inches in height, and shall employ white reflective copy on a solid blue background. No logos or other advertising type copy is permitted.

2.

The highest point of the directional sign, whether supported by post or attached to a fence or similar structure, shall generally lie at the normal vehicular line of site, and in any event may not exceed six feet above the centerline of any adjacent vehicular right-of-way.

3.

The sign shall be located outside of the public right-of-way.

The sign shall contain only the following standard wording:

"Name of Vineyard

——For info call——-

Name of Vineyard Management Company (if different from line 1 above)

Telephone number"; and

H.

Exempt signs as provided for in Section 18.116.120 of this code.

(Ord. 1308 § 1 (part), 2008)

(Ord. No. 1370, § 44, 3-20-2012)

18.116.030 - Signs allowed upon grant of an administrative permit by the director.

The director may issue an administrative permit pursuant to Chapter 18.126 for the following signs based on submitted applications, which may be in letter or other format, and which shall specify the location, size, and other characteristics of the proposed signs:

A.

One on-site directional sign not within a public right-of-way as described in Section 18.116.055 per business, institution, or facility in any zone;

B.

Up to two directional signs associated with a permitted business, located in a public right-of-way if specifically approved by the director of public works (designed and located in conformance with the Napa County Road and Street Standards) or the California Department of Transportation, whichever is applicable; (See Section 18.116.055 for allowable size, height, and other standards.)

C.

One sign per parcel, not exceeding six square feet in area or four feet in height above the ground, with a single face, and not illuminated, to identify a ranch, farm, vineyard, or other agricultural land use of the parcel on which the sign is located, not including wineries, or to advertise the sale of agricultural products grown or raised on the site;

==> picture [328 x 192] intentionally omitted <==

Figure 18.116.030(C): Example of Agricultural Business Sign

D.

Signs specifically authorized by, and consistent with, a previously-approved use permit;

E.

Signs specifically authorized by, and consistent with, a previously-approved comprehensive sign plan;

F.

Agricultural association signs and American viticulture area signs as provided for in Sections 18.116.040 and 18.116.043 that are not authorized by a previously-approved comprehensive sign plan; and

G.

Temporary off-site signs for seasonal agricultural retail sales activities as provided for in Section 18.116.041.

H.

Up to four off-site signs identifying a hospital with emergency room facilities located in an unincorporated area of Napa County consistent with the following:

1.

Signs can be double faced. Each sign face shall be limited to thirty-six square feet; and

2.

Signs, including the post or standard upon which it is placed, shall have no feature exceeding a height of six feet above the natural grade; and

3.

If proposed, any external illumination shall be downward directed and shall not cause a hazardous or annoying glare. Internal illumination may also be allowed provided that light fixtures are not directly visible and no hazardous

or annoying glare is created; and

4.

Signs cannot be located on an environmentally sensitive area, as determined by the planning department, of any property; and

5.

Signs can be located on private property subject to agreement between the property owner and sign owner. A sign can also be located in a public right-of-way if specifically approved by the director of public works, designed and located in conformance with the Napa County Road and Street Standards, and subject to an encroachment permit, regulating, at a minimum, maintenance and removal responsibilities associated with the sign.

(Ord. 1308 § 1 (part), 2008)

(Ord. No. 1360, § 1, 6-28-2011, eff. 7-28-2011)

18.116.035 - Comprehensive sign plan. ¶

The following signs may be authorized only after approval of a comprehensive sign plan ("CSP") by the director or by the Planning Commission:

A.

Signs identifying a business complex having two or more tenants in a commercial zoning district, or any business therein, unless a use permit for the complex contains specifications for all signs that are consistent with the requirements of this section.

==> picture [394 x 264] intentionally omitted <==

Figures 18.116.035(A): Examples of Business Complex Signs

Winery identification signs, where the site neither contains nor has been approved for any such signs.

C.

Signs within a specific plan area, or any subarea thereof, containing more than one existing or potential business or use.

D.

Signs identifying an agricultural association, in conformance with Section 18.116.040.

E.

Signs associated with each establishment must also be consistent with the CSP. Sign permits shall not be required for copy changes or maintenance involving nonstructural changes provided that such changes remain consistent with the CSP.

(Ord. 1308 § 1 (part), 2008)

18.116.036 - Comprehensive sign plan—Procedures.

A.

A comprehensive sign plan shall prescribe standards which promote reasonable uniformity and high aesthetic quality for all signs governed by the plan by controlling size, number, appearance and location.

B.

Application for comprehensive sign plan approval may be made by one of the following:

1.

Owners or lessees of property on which all CSP signs are to be placed; or

For purposes of this section, a "temporary off-site sign" is defined as a sign for seasonal agricultural retail sales activity, such as, but not limited to, the annual sale of Christmas trees or pumpkins.

2.

A temporary off-site sign for seasonal agriculture retail sales activity is a temporary sign designed principally for the purpose of providing directional guidance for the general public to the location of a seasonal agricultural business, when said location is not visible from the site of the sign.

Standards.

1.

Placement of such signs shall require the approval of the director or the director's designee and shall be located outside of public rights-of-way within one-half mile radius of the primary intersection leading to the subject property. Application for approval to erect such signs shall be accompanied by written approval from the owner of the property where said signs are to be located.

2.

Approved seasonal agricultural retail signs shall be displayed for no more than forty-five calendar days per year unless extended for an additional forty-five days by the director based on unique conditions or circumstances.

3.

Approval may be given for a multiple year time period. However, in no event shall approval be given for more than five years. Multiple year approval requires that the applicant make no changes in the design and/or location of the signs as originally approved.

The following types of signs may be permitted in the AIASP area by use permit where incorporated into permission for the land use or tenancy, or by comprehensive sign plan where incorporated into permission for all signs on a property or development area.

1.

Site Identification Signs.

a.

Limited to one sign per development site, master planned business park, or planned unit development; a site with more than one street frontage with vehicle access may have one such sign per frontage.

Sign illumination shall not intrude onto adjoining sites or roadways.

D.

Construction Materials.

1.

All permitted monument signs shall be constructed of durable, permanent, high quality materials such as stone, wood, concrete, treated metal, or masonry that match major building materials.

2.

All permitted wall signs shall be constructed of materials that are compatible with the architectural style of the buildings to which they are affixed.

Temporary and movable signs are not permitted.

(Ord. 1308 § 1 (part), 2008)

18.116.050 - (Reserved.) 18.116.055 - Directional signs.

Permitted directional signs shall comply with the following standards:

A.

Size and dimension: Directional signs may not exceed a copyboard height of one foot nor a length of three feet. Signs shall be single-faced unless a need for double-facing is demonstrated.

B.

Height: The total height of a directional sign, including the post or standard upon which a directional sign is placed, shall generally lie below the normal vehicular line of sight to the horizon, and may not exceed six feet above the centerline of any adjacent vehicular right-of-way.

==> picture [386 x 203] intentionally omitted <==

Figure 18.116.055: Examples of Directional Signs (Also see 18.116.030(A))

C.

Color: Directional signs shall employ white reflective copy on a solid blue background.

D.

Copy: Lettering may employ any font, upper or lower case, and shall not exceed four inches in height for any letter. One arrow is permitted per sign face. One logo or other symbol per sign face, not exceeding four inches in diameter, may be permitted.

E.

Location: Directional signs may be located on site or within a public right-of-way.

(Ord. 1308 § 1 (part), 2008)

(Ord. No. 1370, § 45, 3-20-2012)

18.116.060 - Winery signs. ¶

A.

All winery signs, including, but not limited to any sign containing "open," "closed," hours of operation, or identifying sales of wine, shall be governed by use permit or a comprehensive sign plan, and shall be compatible with the design and scale of the winery, its site, structures, and surrounding area.

==> picture [487 x 147] intentionally omitted <==

Figure 18.116.060: Examples of Winery Signs

B.

Unless the winery was permitted to conduct public tours or tastings prior to February 22, 1990, a winery that is required to or elects to have a sign identifying the winery at the entrance to or from a public roadway, including a sign attached to or part of an entry structure, must at the same location prominently and legibly post the words "Tours and Tastings by Prior Appointment Only." Any such sign must further conform to any applicable standards adopted by comprehensive sign plan, use permit or commission resolution as to size, placement, materials, legibility and maintenance.

C.

Winery sign design and location shall be consistent with the following standards, unless prior to February 24, 2000, such sign has been approved as part of a use permit, or at any time more restrictive provisions are specified by the applicable use permit or comprehensive sign plan:

1.

One or more freestanding sign faces limited to a combined total of thirty square feet;

2.

One or more wall signs limited to a combined total of twelve square feet; and

3.

A freestanding sign shall have no feature exceeding a height of six feet above the natural grade or four feet above the centerline of an adjoining roadway, whichever is the greater.

(Ord. 1308 § 1 (part), 2008)

18.116.065 - Prohibited signs. ¶

The following signs shall be prohibited:

A.

Any sign identifying a use, facility or service which is not located on the premises, or which advertises or otherwise directs attention to a product, service or activity, event, person, institution or business, whether or not identified by a brand name, which occurs or is generally conducted, sold, manufactured, produced or offered elsewhere than on the premises where such sign is located except as provided in subsections (A), (B), or (H) of Section 18.116.030, subsection (D) of Section 18.116.020, and Section 18.116.041;

B.

Any sign that projects above the building wall or roof to which it is affixed;

C.

Any illuminated sign of such brightness as to create a hazardous or annoying glare;

D.

Any sign erected at or near an intersection in such a manner as to obstruct clear vision at any point where, by reason of position, shape or color, it may interfere with or be confused with any authorized traffic sign, signal or device;

E.

Any sign which, by virtue of its design, is readily movable or which sits on the surface of the ground without being attached thereto;

==> picture [191 x 147] intentionally omitted <==

Figure 18.116.065(E): Example of Prohibited Signs

Statuary or representational figures used for advertising purposes;

G.

Signs that include any moving part or any flashing, blinking, fluctuating or intermittent light;

H.

Signs that emit sound or odor;

I.

Signs that display exposed artificial lighting, except as provided in Section 18.116.075;

J.

Any sign that has fallen into a state of disrepair, becomes illegible at a reasonable distance, or gives the appearance of having been abandoned;

K.

Any sign for which a required permit or other approval by any public or private agency has not been obtained;

L.

More than one agricultural sign or agricultural association sign placed on a continuous road frontage under common agricultural ownership or operation;

M.

No property may be identified by both an on-site agricultural (Section 18.116.030(C)) or agricultural association (Section 18.116.040) sign, and an off-site agricultural association sign;

N.

Within airport compatibility (:AC) zoning districts, any sign that causes a nuisance or hazard for aviation;

O.

Any freestanding sign of which any part is more than fifteen feet above the ground; and

P.

Any freestanding sign exceeding fifty square feet in which either the height or the width of the copy area exceeds fifteen feet.

(Ord. 1308 § 1 (part), 2008)

(Ord. No. 1360, § 2, 6-28-2011; eff. 7-28-2011)

18.116.070 - Height. ¶

No sign shall exceed a height of twelve feet, measured from the uppermost point on the sign structure to the ground immediately below such point.

(Ord. 1308 § 1 (part), 2008)

18.116.075 - Lighting. ¶

Signs may be illuminated only if expressly authorized herein or by permit conditions. Reflected light or spillover light may not fall upon surrounding properties. Neon and internally illuminated signs are prohibited unless they are located in commercial and industrial zoning districts and approved as part of a comprehensive sign plan.

(Ord. 1308 § 1 (part), 2008)

18.116.080 - Maintenance. ¶

All signs shall be maintained in a reasonable state of repair by the owner of the property on which the sign is located, and such owner shall be primarily responsible for such maintenance thereof except that AVA signs shall be maintained by the AVA organization responsible for their installation.

(Ord. 1308 § 1 (part), 2008)

18.116.081 - Administrative penalty for failure to obtain permit.

A.

An administrative penalty in the amount of three hundred dollars shall be imposed, pursuant to Government Code Section 53069.4 and this section, upon anyone who erects or allows to be erected any sign listed in Section 18.116.030 without first obtaining a permit.

B.

The property owner and the owner of the sign, if different, shall receive a notice of nuisance by certified mail pursuant to Section 1.20.040. The notice shall state that unless an application for a permit is on file with the planning, building and environmental services department and all readable copy of the sign has been covered from view or the sign is removed within ten days of the date of the letter, the penalty shall be imposed without further notice.

C.

Collection.

1.

If a permit application is on file and all copy has been covered within ten days of the date of the letter, no penalty will be imposed.

2.

If a permit application is not filed or all copy has not been covered within ten days of the date of the letter, the penalty will be imposed and collected at the time of payment of fees for a permit. No permit shall be issued until both the penalty and the permit fee are paid. Payment of the penalty shall not exempt any person from compliance with all other provisions of this code or any conditions imposed by the permit once granted.

3.

If a permit application is not filed within thirty days of the date of the letter, abatement proceedings will commence pursuant to Chapter 1.20 and an amount equal to the penalty will be added to the costs of abatement.

Administrative Review.

1.

The sign owner or the property owner may object to the imposition of the penalty within ten days of notification of the violation. A hearing shall be scheduled before the zoning administrator or the board of supervisors, and the sign owner and property owner, if different, shall be notified by mail of the time, date and place of the hearing.

2.

If a permit application is on file the penalty hearing shall be consolidated with the application hearing.

3.

If no application is on file the penalty hearing will be combined with a cost abatement hearing pursuant to Section 1.20.100.

E.

Judicial Review.

1.

Within twenty days of final administrative review, a person contesting the penalty may file an appeal with the municipal court. A copy of the notice of appeal must be served on the planning department either in person or by first-class mail.

2.

The planning department's file shall be forwarded to the court within fifteen days of receipt of the court's request. A copy of the notice of violation and imposition of penalty letter shall be admitted as prima facie evidence of the facts therein.

3.

If the court finds in favor of the contestant, the planning department shall reimburse the cost of filing the notice of appeal as set out in Section 53069.4 of the California Government Code in addition to reimbursing the penalty in accordance with the judgment of the court.

(Ord. 1308 § 1 (part), 2008)

(Ord. No. 1379, § 172, 1-29-2013)

18.116.085 - Revocation of sign permits. ¶

The zoning administrator shall have the authority to revoke any sign permit which has been granted when he or she has determined, after public hearing in accordance with the procedures set forth in subsections (A) and (B) of Section 18.124.120, that the sign authorized by the permit has been constructed or is being maintained in violation of the permit.

(Ord. 1308 § 2 (part), 2008)

18.116.090 - Abatement of nonconforming signs. ¶

Any sign which is nonconforming in that it does not conform to the regulations embodied in this chapter shall either be removed or brought into compliance with the code requirements within the period of time prescribed herein dating from the effective date of the regulations codified in this chapter. Signs not removed or brought into compliance within the time period prescribed will be subject to penalty as provided in Section 18.116.081.

(Ord. 1308 § 1 (part), 2008)

18.116.100 - Abatement schedule—Date when compliance is required.

A.

Any sign required to be removed or brought into compliance before November l, 1983 by prior ordinance shall be removed on or before the effective date of these regulations.

B.

Any sign not in conformance with these regulations, where the owner has not demonstrated to the satisfaction of the director that a permit had been obtained, and had not been revoked, for such sign between July 1, 1979 and the effective date of these regulations shall be removed on or before the thirtieth day after the effective date of these regulations.

C.

Any sign not in conformance with these regulations, where a permit had been obtained for such sign and not revoked, shall be removed no later than thirty-six months after the effective date of these regulations.

(Ord. 1308 § 1 (part), 2008)

18.116.110 - Removal and storage of nonconforming signs—Costs incurred.

A.

Any sign that is in noncompliance with the regulations of this code shall be removed prior to or upon the date designated for removal in the preceding section. If the owner of, or the person or persons responsible for, the sign fails to remove the nonconforming sign, the owner of the premises upon which the sign is located shall be responsible for the removal of the sign and the work shall be done within ninety days following the date of nonconformance. The director, after proper notification, may cause the removal of any nonconforming sign in conformance with the procedures and requirements of Chapter 1.20.

B.

A sign removed by the county shall be held not less than thirty days by the county, during which time it may be recovered (but not re-erected) by any one of the following upon payment for staff time incurred following issuance of notification:

1.

The owner of the sign;

2.

The owner of the premises on which the sign is located;

The occupant of the premises on which the sign is located.

C.

A sign removed by the county shall be held not less than thirty days by the county, during which time it may be recovered (but not re-erected) by the owner upon payment to the county for costs of removal and storage. If not recovered prior to expiration of the thirty-day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest in the county and the cost of removal and storage shall be payable by the owner. The owner of the land shall be liable if the sign owner does not pay the costs set forth in this section.

(Ord. 1308 § 1 (part), 2008)

18.116.120 - Exempt signs. ¶

The following types of signs shall be exempt from the provisions of the regulations codified in this chapter:

A.

Any sign erected and maintained pursuant to, and in discharge of, any governmental function, or required by any law, ordinance or governmental regulation;

B.

Bench signs located at designated public transit bus stops; provided, however, that such signs shall have any necessary permits;

C.

Signs being manufactured, transported or stored within the unincorporated area of the county of Napa shall be exempt; provided, however, that such signs are not used, in any manner or form, for purposes of advertising at the place or places of manufacture or storage;

D.

Commemorative plaques of recognized historical societies and organizations;

E.

Religious symbols, legal holiday decorations and identification emblems of religious orders or historical societies;

F.

Signs located within malls, courts, arcades, porches, patios and similar areas where such signs are not visible from any point on the boundary of the premises;

G.

Signs designating the premises for sale, rent or lease; provided, however, that any such sign shall conform to all regulations of the particular zone in which it is located and subsection (B) of Section 18.116.020;

H.

Public service signs limited to the depiction of time, temperature or news; provided, however, that any such sign shall conform to all regulations of the particular zone in which it is located;

I.

Signs on vehicles regulated by the county that provide public transportation including, but not limited to buses and taxicabs;

J.

Signs on licensed commercial vehicles, including trailers; provided, however, that such vehicles shall not be utilized as parked or stationary outdoor display signs;

K.

Two historic "Welcome to the World Famous Wine Growing Region: Napa Valley" signs facing Highway 29;

L.

Signs commonly known as "picket signs," carried by individuals and conveying information regarding labor disputes and other constitutionally protected subjects;

M.

Temporary canvas signs, temporary event signs, banners, balloons, promotional flags, pennants, streamers or similar devices displayed once per year for a maximum of thirty days.

(Ord. 1308 § 1 (part), 2008)

18.116.130 - Conflict with other regulations.

Where there is a conflict between the regulations of this chapter and the regulations of any other sections of this code, the regulations of this chapter shall prevail; provided, however, that the regulations of other sections shall prevail in the following cases:

A.

Where the regulations of any other section are more restrictive;

B.

Where a planned district has been established in accordance with the procedure set forth in Section 18.48.010 and following of this code, provided that any such planned district regulations shall include comprehensive sign regulations encompassing the entire planned district area.

(Ord. 1308 § 1 (part), 2008)

18.116.140 - Nuisance. ¶

Any nonconforming sign required to be removed pursuant to Section 18.116.110, and not removed by the owner, and any sign which is placed in violation of the provisions of this chapter following the effective date of the ordinance codified in this chapter, shall be deemed to constitute a nuisance which may be abated by the county in accordance with law. The provision of this section shall not be exclusive but shall be in addition to other remedies which may be provided by law.

(Ord. 1308 § 1 (part), 2008)

18.116.150 - Outdoor Advertising Act. ¶

Nothing in this chapter shall be construed to conflict with the California Outdoor Advertising Act of 1970.

(Ord. 1308 § 1 (part), 2008)

Chapter 18.117 - RENEWABLE ENERGY SYSTEMS[[3]]

Sections:

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 1453, § 1, adopted Jan. 28, 2020, repealed former Ch. 18.117, §§ 18.117.010— 18.117.100, in its entirety and enacted new provisions as herein set out. Former Ch. 18.117 pertained to small energy systems and derived from Ord. No. 1351, § 1, adopted Nov. 23, 2010.

18.117.010 - Purpose. ¶

A.

The purpose and intent of these regulations is to provide a uniform and comprehensive set of standards for the entitlement and operation of renewable energy systems. The regulations contained herein are designed to promote the development of both accessory and commercial renewable energy systems, advance goals to reduce greenhouse gas emissions, and promote the economic and environmental health of Napa County. These regulations are intended to conserve energy, increase the efficiency of energy use, and produce renewable energy locally, while protecting public health, safety, and community welfare, including by assuring that systems are sited, designed and operated to avoid significant impacts on environmental resources and preserve the visual quality of the natural and built environment.

B.

Pursuant to the requirements of Government Code Section 65850.5, the provisions of Section 18.117.030 establish the standards for administrative approval of accessory renewable energy systems. The permitting of accessory renewable energy systems which comply with these standards are ministerial acts and not subject to CEQA; except that the permitting of such systems are discretionary and subject to CEQA when the system requires an exception to the Conservation Regulations (Chapter 18.108) in the form of a use permit.

(Ord. No. 1453, § 1, 1-28-2020)

18.117.020 - Definitions. ¶

"Accessory renewable energy system" means an on-site renewable energy system where the energy generated offsets energy demands on the property, or on contiguous properties under common ownership, and provides no more than one hundred twenty-five percent (125%) of the estimated energy demand for all legally established uses. An accessory renewable energy system shall be limited to solar energy systems as defined by Civil Code Section 801.5, including ground-mounted systems, roof-mounted systems, floating systems, and systems affixed to shade structures located over required parking areas. Accessory renewable energy systems do not include small residential rooftop solar energy systems subject to Chapter 15.14, Article III - Small Rooftop Solar Energy Systems.

Accessory renewable energy systems shall not include energy production for a feed-in tariff or Community Choice Aggregation Program whether in full or in part.

"Bioenergy" means power or fuels produced from any biomass material derived from plants, animals and organic waste streams.

"Commercial renewable energy production facility" means an energy generation facility using renewable fuel sources where the energy generated is used to supply off-site energy needs for a feed-in tariff or Community Choice Aggregation Program, including but not limited to: (1) commercial bioenergy production facilities utilizing bioenergy, including but not limited to ethanol, biodiesel and biogas, and related power generation and cogeneration facilities; and (2) commercial solar energy production facilities utilizing solar photovoltaic cells, panels or arrays designed to collect and convert solar power into energy for off-site use. Commercial renewable energy production facilities do not qualify as a public utility, public use or quasi-public use pursuant to Napa County Code Sections 18.120.010(A)(11) and 18.120.010(B)(8).

"Community Choice Aggregator (CCA)" or "Community Choice Aggregation Program" shall have the same definition as California Public Utilities Code Section 331.1, as amended from time to time.

"Photovoltaic (PV)" means a technology that uses a semiconductor to convert sunlight directly into electricity.

(Ord. No. 1453, § 1, 1-28-2020)

18.117.030 - Accessory renewable energy systems development standards.

The following siting criteria and development standards shall apply to accessory renewable energy systems:

A.

Accessory renewable energy systems general development standards.

1.

Accessory renewable energy systems shall comply with all setbacks of the applicable zoning district.

2.

Land clearing activities for accessory renewable energy systems shall comply with and be subject to Chapter 18.108 (Conservation Regulations).

3.

The system shall comply with the latest edition of the Caltrans Highway Design Manual sight distance requirements for safe access to or from the property or other properties in the vicinity.

4.

The system shall not be located over a septic system, leachfield area or precluded area pursuant to Chapter 13.16.

5.

The system shall not be located in a floodway as defined in Chapter 16.04 and complies with floodplain management requirements pursuant to Chapter 16.04.

The system shall not exceed noise standards pursuant to Chapter 8.16.

7.

Ground-mounted systems shall not exceed fifteen feet in height.

8.

Ground-mounted systems shall not cover greater than ten percent of the parcel or two acres, whichever is less.

9.

The system shall not be located within Napa County Airport Land Use Compatibility Zones A or B.

10.

Concentrated reflections or glare shall not be directed at occupied structures, recreation areas, roads, highways or airport flight landing or takeoff areas.

(Ord. No. 1453, § 1, 1-28-2020)

18.117.040 - Commercial renewable energy production facilities development standards.

The following siting criteria and development standards shall apply to all commercial renewable energy production facilities:

A.

Commercial renewable energy production facilities general development standards.

1.

Commercial renewable energy production facilities are permissible upon grant of a use permit on undeveloped properties and/or in conjunction with existing developed land uses, including over parking areas.

2.

Facilities shall comply with required yard setbacks limitations of the applicable zoning district and include design features to reduce visibility from public roads, and fully screened from adjacent residential areas. Any lighting shall be fully shielded, downward casting, and not wash out onto structures, other properties, or the night sky. The permittee shall maintain the facility, including all required landscaping, in compliance with the approved use permit.

3.

Commercial renewable energy production facilities shall not be located within Napa County Airport Land Use Compatibility Zones A and B, and shall be sited and operated to avoid hazards to air navigation and comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code). Sites located within an Airport Influence Area (as defined in the Napa County Airport Land Use Compatibility Plan) shall provide an analysis documenting compliance with noise, safety, airspace protection, and land use compatibility with airport operations. The owner or permittee of a facility approved within an Airport Influence Area shall record an avigation easement pursuant to Section 15.08.040.A.4 of this code.

4.

Commercial renewable energy production facilities shall be sited to avoid or minimize impacts to sensitive biotic habitats including woodlands, wetlands, streams, and habitat connectivity corridors pursuant to the requirements of Chapter 18.108. Projects located within or adjacent to these areas will require all necessary environmental studies at the time of use permit application to demonstrate that the facility avoids sensitive species to the maximum extent feasible and provides adequate mitigation of potential impacts.

5.

Commercial renewable energy production facilities shall be sited to avoid or minimize impacts to significant cultural and historic resources, and may require a cultural resources survey at the time of use permit application as determined by the Department.

6.

For commercial renewable energy production facilities interconnected to transmission lines greater than 6kV, the location of new transmission lines, poles, and utility sub-stations shall be identified on the site plans. If high voltage (100kV) or private transmission lines are proposed, they shall be considered as part of the use permit process including potential for undergrounding, that the proposed interconnection to transmission lines is acceptable to the utility, and documentation is provided that any new utility-owned transmission lines comply with the requirements of the California Public Utilities Commission.

7.

Commercial renewable energy production facilities shall be sited to maintain natural grades and use existing legally established roads for access to the extent feasible, and comply with the requirements of Chapter 18.108. Construction of new roads shall be avoided to the extent feasible. Areas used for temporary access roads, construction staging areas, or field office sites during construction shall be restored and revegetated to preconstruction conditions. The permittee shall maintain an all-weather access road for maintenance and emergency vehicles.

8.

Commercial renewable energy production facilities shall comply with the stormwater management standards of Chapter 16.28, including, but not limited to, implementation of best management practices to minimize dust and wind erosion during site preparation, grading, construction, and post construction operation.

9.

Commercial renewable energy production facilities shall comply with all requirements of the County Fire Marshal including, but not limited to, emergency vehicle access and turn-around at the facility site(s), addressing, vegetation management, and firebreak zones and maintenance around all structures.

10.

Commercial renewable energy production facilities shall be designed and operated in compliance with the noise standards of Chapter 8.16. Projects with the potential to generate noise shall submit a noise analysis at the time of use permit application to demonstrate that the facility will comply with noise standards.

11.

The project site for a commercial renewable energy production facility shall be fenced and secured to prevent unauthorized access, including provision of signage addressing site security. Wildlife compatible fencing shall be utilized when warranted based on analysis of biotic resources.

12.

The project complies with the latest edition of the Caltrans Highway Design Manual sight distance requirements for safe access to or from the property or other properties in the vicinity.

13.

Facilities shall be located so as not to conflict with a septic system, leachfield area or precluded area pursuant to Chapter 13.16.

14.

Facilities shall not be located within a floodway, as defined in Chapter 16.04, and shall comply with floodplain management requirements pursuant to Chapter 16.04.

15.

A decommissioning plan shall be required as part of any use permit application and shall include the following:

a.

Removal of all aboveground and underground equipment, structures not identified for re-use, fencing and foundations.

b.

Removal of graveled areas and access roads.

c.

Restoration of the surface grade and replacement of topsoil after removal of all structures and equipment including grading, revegetation and an erosion control plan to return the site to an appropriate end use consistent with the zoning district.

d.

Revegetation of disturbed areas with native seed mixes and plant species suitable to the area. Documentation of a three-year maintenance agreement for all revegetated areas shall be submitted prior to the restoration being considered complete.

e.

The timeframe for completion of removal and restoration activities, which in no event shall take longer than six months from cessation of use, unless an alternative period is provided for within the use permit.

f.

An engineer's certified cost estimate indexed for inflation to implement all aspects of the restoration plan, which will be the basis for financial assurance set forth in subsection (A)(16) of Section 18.117.040.

g.

An agreement, in a form approved by County Counsel, signed by the owner and permittee taking full responsibility for decommissioning and reclaiming the site in accordance with the decommissioning plan and use permit approval upon cessation of use.

h.

A plan to comply with all state and federal requirements for reuse, recycling or disposal of potentially hazardous waste.

i.

The facility permittee shall notify the Department immediately upon termination or cessation of use or abandonment of the operation. The permittee shall remove components of the facility when it becomes functionally obsolete or is no longer in use. The permittee shall begin restoration and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within ninety (90) days from the date the facility ceases operation, and complete restoration within one year.

16.

At the time of issuance of the permit for the construction of the facility, the permittee shall provide financial assurance in a form and amount acceptable to the Department, in compliance with Section 17.38.030, to secure the expense of decommissioning, dismantling and removing all equipment, structures, fencing, and reclaiming the site and associated access or distribution lines/pipes in compliance with the approved restoration plan.

B.

In addition to the requirements of subsection (A) in Section 18.117.040, the following standards shall apply to commercial bioenergy production facilities:

1.

Bioenergy production facilities shall be limited to the Industrial and General Industrial zoning districts.

2.

Buildings, facilities, and equipment used in the production and/or storage of bioenergy shall comply with all local, state, and federal laws. The applicant of the commercial bioenergy production facility shall provide documentation acceptable to the Department prior to granting of a use permit that the project is designed to comply with all required state and federal permits and approvals.

3.

The applicant of a commercial bioenergy production facility shall provide documentation acceptable to the Department prior to granting of a use permit demonstrating that the proposed facility results in a net reduction in carbon output when compared to the carbon output resulting from traditional non-renewable energy production of equivalent size.

C.

In addition to the requirements of subsection (A) in Section 18.117.040, the following standards shall apply to commercial solar energy production facilities:

Solar arrays mounted on a legally constructed building structure may exceed the height limit of the zoning district by up to two feet. Ground-mounted facilities shall not exceed fifteen feet in height unless otherwise allowed by use permit.

2.

Electrical distribution lines on the project site shall be underground. This provision may be waived by the decisionmaking body if the undergrounding is determined to be an undue burden.

3.

Concentrated reflections or glare shall not be directed at occupied structures, recreation areas, roads, highways or airport flight landing or takeoff areas. A detailed analysis of potential glare effects may be required at the time of application, and the applicant may be required to minimize glare effects by installing vegetative screens or berms, and/or by adjusting solar collector position or operation to minimize glare.

D.

Notwithstanding any other processing requirements to the contrary, commercial renewable energy facilities may be collocated on a developed property within those zoning districts permitting such facilities without obtaining a new use permit, provided that either:

1.

The facility is consistent with the terms of the use permit or site plan approval previously granted for the developed property; or

2.

The use permit or site plan approval is being modified to incorporate the facility.

(Ord. No. 1453, § 1, 1-28-2020)