Chapter 18.118 — WATER CONSERVATION REGULATIONS FOR LANDSCAPE DESIGN

The purpose and intent of this chapter is to implement the provisions of California Code of Regulations Title 23, Division 2, Chapter 2.7 and to conserve water through the promotion of the most efficient use of water in landscape design, while respecting the economic, environmental, aesthetic, and lifestyle choices of individuals and property owners.

(Ord. 1029 § 2 (part), 1992: prior code § 12650; Ord. No. 1518, § 1, 2-10-2026)

A landscape documentation package shall be submitted to the director or the director's designee for review and approval before any building permit is issued. This section shall apply to public agency projects and private development projects that require a site plan approval or a discretionary permit, where any landscaping is required or provided, and in accordance with California Code of Regulations Title 23, Division 2, Chapter 2.7.

(Ord. 1029 § 2 (part), 1992: prior code § 12651)

(Ord. No. 1518, § 2, 2-10-2026)

18.118.030 - Requirements for landscape documentation package.

A.

Submission of the landscape documentation package. The landscape documentation package shall be submitted to the director or the director's designee for review and approval.

B.

Contents. Each landscape documentation package shall be prepared as provided in California Code of Regulations Title 23, Division 2, Chapter 2.7.

C.

Reserved.

D.

Reserved.

E.

Reserved.

F.

Certificate of Completion Package. No certification of occupancy shall be issued until the director or the director's designee has reviewed the certificate of completion package.

G.

Reserved.

(Ord. 1029 § 2 (part), 1992: prior code § 12652)

(Ord. No. 1518, § 3, 2-10-2026)

A.

It is unlawful and a public nuisance to cause, permit or otherwise allow water waste to result from inefficient landscape irrigation systems. Whenever the director or the director's designee determines that such landscape irrigation water waste by runoff, low head drainage, over-spray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures, has occurred, the Director may notify the violator in writing of the violation and require the preparation of a landscape irrigation audit by a certified landscape irrigation auditor.

B.

Upon receipt of the audit, the director shall determine if all deficiencies have been corrected. If not, the director may commence proceedings, civil or criminal, to correct the deficiencies and abate the public nuisance in accordance with Section 1.20.010 et seq. of this code.

C.

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.

(Ord. 1029 § 2 (part), 1992: prior code § 12653)

(Ord. No. 1518, § 4, 2-10-2026)

Editor's note— Ord. No. 1518, § 5, adopted February 10, 2026, repealed § 4, which pertained to public education and derived from Ord. 1029 § 2(part), 1992; prior code § 12654.

Chapter 18.119 - TELECOMMUNICATION FACILITIES, SATELLITE DISHES, AND OTHER ANTENNAS

18.119.005 - Purpose.

A.

The purpose and intent of this chapter is provide a uniform and comprehensive set of standards for the development of telecommunication facilities and the installation of minor antennas. The regulations contained herein are designed to protect and promote public health, safety, and community welfare while at the same time not unduly restricting the development of needed telecommunications facilities and important amateur radio installations. They have been developed to further the policies and principles of the general plan, as specified in its land use, scenic highways, conservation and open space, and safety elements.

B.

It is furthermore intended that these regulations specifically accomplish the following:

1.

Protect the visual character of the county from the potential adverse effects of telecommunication facility development and minor antenna installation;

2.

Protect the inhabitants of the county from the possible adverse health effects associated with exposure to high levels of NIER (non-ionizing electromagnetic radiation);

3.

Protect the environmental resources of the county;

4.

Create telecommunication facilities that will serve as an important and effective part of the county's emergency response network; and

5.

Simplify and shorten the process for obtaining necessary permits for telecommunication facilities while at the same time protecting the legitimate interests of the county's citizens.

(Ord. 1097 § 50 (part), 1996)

18.119.010 - Telecommunication facilities—Minimum application requirements.

A.

The director shall establish and maintain a list of information that must accompany every application for the installation of a telecommunications facility. Said information may include, but shall not be limited to, completed supplemental project information forms, cross-sectional area calculations, service areas maps, network maps, alternative site analysis, visual impact demonstrations including mock-ups and/or photo-montages, visual analysis, NIER (non-ionizing electromagnetic radiation) exposure studies, title reports identifying legal access, security programs, lists of other nearby telecommunications facilities, deposits for per review and an estimate prepared by a California-registered civil engineer regarding the cost to fully demolish and remove the requested telecommunication facility, including costs to regrade and revegetate the project site to original, pre-project conditions. The director may release an applicant from having to provide one or more of the pieces of information on this list upon a finding that in the specific case involved said information is not necessary to process or make a decision on the application being submitted.

B.

The director is explicitly authorized at his/her discretion to employ on behalf of the county an independent technical expert to review any technical materials submitted including, but not limited to, those required under this section and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the costs of said review, including any administrative costs incurred by the county. Any proprietary information disclosed to the county or the expert hired shall remain confidential and shall not be disclosed to any third party.

(Ord. No. 1318, § 2, 6-9-2009; Ord. 1097 § 50 (part), 1996)

18.119.015 - Telecommunication facilities—Standard agreements required.

A.

A maintenance/facility removal agreement signed by the applicant shall be submitted to the director prior to approval of the use permit or other entitlement for use authorizing the establishment or modification of any telecommunications facility which includes a telecommunication tower, one or more new buildings/equipment enclosures larger in aggregate than three hundred ft[2 ] , more than three satellite dishes of any size, or a satellite dish larger than four feet in diameter. Said agreement shall bind the applicant and the applicant's successors-ininterest to properly maintain the exterior appearance of and ultimately remove the facility all in compliance with the provisions of this chapter and any conditions-of-approval. It shall further bind them to pay all costs for monitoring compliance with and enforcement of the agreement and to reimburse the county for all costs incurred to perform any work required of the applicant by this agreement that the applicant fails to perform. It shall also specifically authorize the county and/or its agents to enter onto the property and undertake said work so long as:

1.

The director has first provided the applicant the following written notices:

a.

An initial compliance request identifying the work needed to comply with the agreement and providing the applicant at least forty-five calendar days to complete it, and

b.

A follow-up notice of default specifying the applicant's failure to complete the work within the time period specified and indicating the county's intent to commence the required work within ten working days; and

2.

The applicant has not filed an appeal pursuant to Chapter 2.88 of this code. If an appeal is filed, the county shall be authorized to enter the property and perform the necessary work if the appeal is dismissed or final action on the appeal is taken in favor of the director.

B.

All costs incurred by the county to undertake any work required to be performed by the applicant pursuant to the agreement referred to in (A) including, but not limited to, administrative and job supervision costs, shall be borne solely by the applicant. The applicant shall deposit in the telecommunications fund referred to under (C) below within ten working days of written request therefor such costs as the county reasonably estimates or has actually incurred to complete such work. When estimates are employed, additional monies shall be deposited as needed within ten working days of demand to cover actual costs. The agreement shall specifically require the applicant to immediately cease operation of the telecommunication facility involved if the applicant fails to pay the monies demanded within ten working days. It shall further require that operation remain suspended until such costs are paid in full.

C.

To secure compliance with the agreement referred to in subsection (A) above, the applicant shall provide one or more of the following forms of security:

1.

A performance bond or bonds by one or more duly authorized corporate sureties;

2.

A letter of credit, in a form acceptable to the county counsel, issued by a financial institution subject to regulation by the state or federal government, guaranteeing that all or any portion of the funds available pursuant to the letter of credit will be paid upon the written demand of the director, and that such written demand need not present documentation of any type as a condition of payment, including proof of such loss; or,

3.

Such other form of security that is acceptable to the director. The amount of the security shall be an amount rationally related to the actual costs of removal of the facility's components. In establishing that amount, the director shall take into consideration information provided by the applicant regarding the cost of removal, the estimated life span of the facility, and a factor for inflation.

Said approved security shall be provided prior to the issuance of any necessary building permit or commencement of facility use, whichever comes first.

D.

An indemnification agreement signed by the applicant(s) binding him/her and his/her successors-in-interest to defend at his/her sole expense any action brought against the county, its agents, officers, or employees as a result of issuance of an entitlement to establish or modify a telecommunication facility shall be submitted to the director within ten working days of the filing of an appeal under Chapter 2.88 or the commencement of any action in court with regards to the underlying project, whichever comes first.

(Ord. No. 1318, § 3, 6-9-2009; Ord. 1201 § 9, 2002; Ord. 1097 § 50 (part), 1996)

Editor's note— Ord. No. 1318, § 4, adopted June 9, 2009, repealed § 18.119.019, which pertained to Telecommunication facilities—Life of permits. See also the Code Comparative Table and Disposition List.

18.119.020 - Telecommunication facilities—Basic requirements.

The following requirements shall apply to all telecommunications facilities:

A.

All telecommunication facilities shall meet all the requirements established by the other chapters of this code that are not in conflict with the requirements contained in this chapter;

B.

All telecommunication facilities shall comply at all times with all FCC rules, regulations, and standards;

C.

All telecommunication facility installations shall be consistent with applicable open space easements and other similar use restrictions on the subject property; and

D.

All telecommunication facilities shall maintain in place a security program acceptable to the county sheriff that will prevent unauthorized access and vandalism.

(Ord. 1097 § 50 (part), 1996)

18.119.030 - Telecommunication facilities—Location.

All telecommunications facilities shall be located so as to minimize their visibility and the number of distinct facilities present. To this end all of the following measures shall be implemented:

A.

No telecommunication facility shall be installed within the safety zone of any airport unless the airport operator indicates that it will not adversely affect the operation of the airport;

B.

No telecommunication facility shall be installed at a location where special painting or lighting will be required under FAA regulations unless technical evidence acceptable to the director or the commission, as appropriate, is

submitted showing that this is the only technically feasible location for this facility;

C.

No telecommunication facility shall be placed so as to silhouette against the sky above one of the county's major skylines as defined in Section 18.08.355;

D.

No telecommunication facility shall be installed on an exposed ridgeline, in or at a location readily visible from a public trail, public park or other outdoor recreation area, or in a scenic area identified in the Napa County Environmental Resource Mapping System unless it blends with the surrounding existing natural and man-made environment in such a manner as to be effectively unnoticeable;

E.

No telecommunication facility that is readily visible from off-site shall be installed closer than two miles from another readily visible uncamouflaged or unscreened telecommunication facility unless it is a co-located facility, situated on a multiple-user site, or blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable; and

F.

No telecommunication facility that is readily visible from off-site shall be installed on a site that is not already developed with telecommunication facilities or other public or quasi-public uses unless it blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable or technical evidence acceptable to the director or commission, as appropriate, is submitted showing a clear need for this facility and the infeasibility of co-locating it on one of these former sites.

(Ord. 1097 § 50 (part), 1996)

Telecommunication towers shall be set back at least twenty percent of the tower height from all property lines and at least one hundred feet from any public trail, park, or outdoor recreation area. Guy wire anchors shall be set back at least twenty feet from any property line.

(Ord. 1097 § 50 (part), 1996)

A.

The height of a telecommunications tower shall be measured from the natural, undisturbed ground surface below the center of the base of said tower to the top of the tower itself or, if higher, the tip of the highest antenna or piece of equipment attached thereto. In the case of building-mounted towers the height of the tower includes the height of the portion of the building on which it is mounted. In the case of "crank-up" or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised.

B.

Telecommunications towers may exceed the height limits for towers specified in Sections 18.104.120(C) and (D) so long as technical evidence acceptable to the director or commission, as appropriate, is submitted demonstrating

unavoidable need or an overall lessened visual impact. In no instance, however, shall the height of a telecommunication tower other than a broadcast AM radio tower exceed one hundred fifty feet. A broadcast AM radio tower may be up to two hundred fifty feet tall when technical evidence acceptable to the director has been submitted showing that a tower of the height proposed is necessary to provide service at the frequency being used and, if required by the Napa County Airport Land Use Compatibility Plan, Napa County airport land use commission approval has previously been obtained.

C.

Satellite dish and parabolic antennas shall be situated as close to the ground as possible without compromising their function, preferably on the sides of buildings or on the ground on slopes below the ridgeline.

(Ord. 1104 § 36, 1996; Ord. 1097 § 50 (part), 1996)

No telecommunication facility shall be designed and/or sited such that it poses a potential hazard to nearby residences or surrounding properties or improvements. To this end any telecommunication tower located at a distance of less than one hundred ten percent of its height from a habitable structure, property line, or other tower shall be designed and maintained to withstand without failure the maximum forces expected from wind, earthquakes, and ice when the tower is fully loaded with antennas, transmitters and other equipment, and camouflaging. Initial demonstration of compliance with this requirement shall be provided via submission of a report to the director prepared by a structural engineer licensed by the state of California describing the tower structure, specifying the number and type of antennas it is designed to accommodate, providing the basis for the calculations done, and documenting the actual calculations performed. Proof of ongoing compliance shall be provided via submission to the director at least every five (self-supporting and guyed towers)/ten (monopoles) years of an inspection report prepared by a California-licensed structural engineer indicating the number and types of antennas and related equipment actually present and indicating the structural integrity of the tower. Based on this report, the director may require repair or, if a serious safety problem exists, removal of the tower.

(Ord. 1097 § 50 (part), 1996)

18.119.070 - Telecommunication facilities—Basic tower and building design.

All telecommunication facilities shall be designed to blend into the surrounding environment to the greatest extent feasible. To this end all the following measures shall be implemented:

A.

Telecommunications towers shall be constructed out of metal or other non-flammable material;

B.

Telecommunication towers taller than thirty-five feet shall be monopoles or guyed/lattice towers except where satisfactory evidence is submitted to the director or commission, as appropriate, that a self-supporting tower is required to provide the height and/or capacity necessary for the proposed telecommunication use, to minimize the need for screening from adjacent properties, or to reduce the potential for bird strikes;

C.

Satellite dishes other than microwave dishes shall be of mesh construction, except where technical evidence acceptable to the director or commission, as appropriate, is submitted showing that this is infeasible;

D.

Telecommunication support facilities (i.e., vaults, equipment rooms, utilities, and equipment enclosures) shall be constructed out of non-reflective materials (visible exterior surfaces only);

E.

Telecommunication support facilities shall be no taller than one story (fifteen feet) in height and shall be treated to look like a building or facility typically found in the area;

F.

Telecommunication support facilities in areas of high visibility shall where possible be sited below the ridgeline or designed (i.e., placed underground, depressed, or located behind earth berms) to minimize their profile; and

G.

All buildings, poles, towers, antenna supports, antennas, and other components of each telecommunications site shall be initially painted and thereafter repainted as necessary with a "flat" paint. The color selected shall be one that in the opinion of the director will minimize their visibility to the greatest extent feasible. To this end improvements which will be primarily viewed against soils, trees or grasslands shall be painted colors matching these landscapes while elements which rise above the horizon shall be painted a blue grey that matches the typical sky color at that location.

(Ord. 1097 § 50 (part), 1996)

18.119.080 - Telecommunication facilities—Critical disaster response facilities.

A.

All radio, television and voice communication facilities providing service to government or the general public shall be designed to survive a natural disaster without interruption in operation. To this end all the following measures shall be implemented:

1.

Non-flammable exterior wall and roof covering shall be used in the construction of all buildings;

2.

Openings in all buildings shall be protected against penetration by fire and wind-blown embers;

3.

The telecommunication tower when fully loaded with antennas, transmitters, other equipment, and camouflaging shall be designed to withstand the forces expected during the "maximum credible earthquake." All equipment mounting racks and equipment used shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it;

4.

All connections between various components of the facility and with necessary power and telephone lines shall be protected against damage by wildfire, flooding, and earthquake; and

A self-contained emergency power supply capable of operating the facility for at least twenty-four hours and protected against damage from wildfires and earthquakes shall be installed.

B.

Demonstration of compliance with requirements (A)(1), (2), (4), and (5) (fire only) shall be evidenced by a certificate signed by the Napa County fire chief on the building plans submitted.

C.

Demonstration of compliance with requirements (A)(3) through (5) (earthquake only) shall be provided via a second certification on said plans signed by a structural engineer or other appropriate professional licensed by the state of California.

(Ord. 1097 § 50 (part), 1996)

18.119.090 - Telecommunication facilities—Co-located and multiple-user facilities.

All co-located and multiple-user telecommunication facilities shall be designed to promote facility and site sharing. To this end telecommunication towers and necessary appurtenances, including but not limited to, parking areas, access roads, utilities and equipment buildings shall be shared by site users when in the opinion of the director or commission, as appropriate, this will minimize overall visual impact.

(Ord. 1097 § 50 (part), 1996)

18.119.100 - Telecommunication facilities—Building-mounted facilities.

All building-mounted telecommunications facilities shall be located and designed to appear an integral part of the structure. To this end, all of the following measures shall be implemented:

A.

Roof-mounted antennas taller than ten feet and all building-mounted telecommunication towers shall be located no closer to the nearest edge of the roof than the height of the antenna or tower with all antennas and other equipment attached;

B.

Wall-mounted antennas shall be architecturally-integrated into the building via any means acceptable to the director or commission, as appropriate, including painting;

C.

Wall-mounted antennas shall be located as close to but no more than four feet from the face of the wall;

D.

Wall-mounted antennas shall not exceed a total of fifty square feet per building face excluding mountings.

(Ord. 1097 § 50 (part), 1996)

A.

All telecommunication facilities shall be unlit except for the following:

1.

A manually-operated or motion-detector controlled light above the equipment shed door which shall be kept off except when personnel are actually present at night; and

2.

The minimum tower lighting required under FAA regulations.

B.

Where tower lighting is required, it shall be shielded or directed to the greatest extent possible in such a manner as to minimize the amount of light that falls onto nearby residences.

(Ord. 1097 § 50 (part), 1996)

18.119.120 - Telecommunication facilities—Roads and parking.

All telecommunication facilities shall be served by the minimum roads and parking areas necessary. To this end all the following measures shall be implemented:

A.

Access roads shall be limited to eight feet in width except where safety considerations demonstrated to the satisfaction of the director demand a greater width with turnouts as required by the fire chief. They shall have a gravel or other non-paved surface;

B.

Existing roads shall, whenever possible, be upgraded the minimum amount necessary to meet the standards in subsection (A) above and used for access;

C.

Existing parking areas shall, whenever possible, be used; and

D.

Any new parking areas constructed shall be no larger than three hundred fifty square feet. Any new roads or parking areas built shall, whenever feasible, be shared with subsequent telecommunication facilities and/or other permitted uses.

(Ord. 1097 § 50 (part), 1996)

All telecommunication facilities shall be clearly identified as to location and operator so as to facilitate emergency response. To this end all of the following measures shall be implemented:

A.

Address signs shall be installed in conformance with fire department requirements at the entrance off the public way, where needed to provide direction along the access road, and at the facility itself; and

B.

A permanent, weather-proof, approximately sixteen- by thirty-two-inch facility identification sign shall be placed on the gate in the fence around the equipment building or if there is no fence next to the door to the equipment shed itself. Said sign shall identify the facility operator, provide his/her address, and specify a twenty-four-hour telephone number at which he/she can be reached.

(Ord. 1097 § 50 (part), 1996)

18.119.140 - Telecommunication facilities—Vegetation protection and facility screening.

All telecommunications facilities shall be installed in such a manner so as to maintain and enhance existing vegetation. To this end all of the following measures shall be implemented:

A.

All areas disturbed during project construction other than the graveled areas required under Section 18.119.150(A) (4) shall be replanted with vegetation compatible with the vegetation in the surrounding area (e.g., ornamental shrubs or natural brush, depending upon the circumstances). In the fuel modification zones required under Section 18.119.150(D), the vegetation planted shall be acceptable to the fire chief;

B.

Existing trees and other screening vegetation in the vicinity of the facility and along the access road and power/telecom line routes involved shall be protected from damage, both during the construction period and thereafter. To this end the following measures shall be implemented:

1.

Prior to commencement of any work on-site, the trees along the access route to the facility shall be trimmed to the extent required by a qualified certified arborist to protect them from damage from the equipment and materials being brought in;

2.

Prior to commencement of ground-disturbing activities, the trees in the vicinity of the construction site itself shall be trimmed and temporary fencing installed to the extent required by a qualified certified arborist to protect them from damage from vehicles and equipment;

3.

Grading, cutting/filling, and the storage/parking of equipment/vehicles shall be prohibited within the fenced areas created and within the drip line of any trees required to be preserved. Trash, debris, or spoils shall not be placed within these fences nor shall they henceforth be opened or moved until the project is complete and written approval to take the fences down has been received from the director; and

4.

All underground lines shall be routed such that a minimum amount of damage is done to tree root systems.

5.

When trees closely border or overhang the access road to be used or exist within one hundred feet of any area other than a road to be disturbed, demonstration of compliance with these requirements shall be provided via submission of two inspection reports prepared by a qualified consulting certified arborist, the first prior to issuance of necessary building permits and the second prior to commencement of operation.

C.

Additional trees and other native or adapted vegetation shall be planted and henceforth maintained around the facility, in the vicinity of the project site, and/or along the access roads and power/telecom line routes serving it in those instances where in the opinion of the director or commission, as appropriate, such vegetation is needed to screen the improvement involved from view or the age, health, or density of the screening vegetation currently present is such that over time the facility or related improvements are likely to become significantly more visible from off-site;

D.

Any existing trees or significant vegetation that die in the future shall be replaced with native trees and vegetation of a size and species acceptable to the director; and

E.

No actions shall be taken subsequent to project completion with respect to the vegetation present that would increase the visibility of the facility itself or the access road and power/telecom lines serving it.

(Ord. 1097 § 50 (part), 1996)

18.119.150 - Telecommunication facilities—Fire prevention.

A.

All telecommunication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting a wildfire or intensifying one that otherwise occurs. To this end all of the following measures shall be implemented:

1.

At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings;

2.

Monitored automatic fire extinguishing systems approved by the Napa County fire chief shall be installed in all equipment buildings and enclosures;

3.

Sheriff/fire department rapid entry (KNOX) systems shall be installed as required by the fire chief;

4.

Graveled areas at least ten feet wide shall be installed completely around all new structures including telecommunication towers. Fuel modification zones of the minimum width specified in Public Resources Code Section 4291 shall be established and thereafter maintained around these graveled areas; and

5.

All tree trimmings and trash generated by construction of the facility shall be removed from the property and properly disposed of prior to building permit finalization or commencement of operation, whichever occurs first.

B.

Demonstration of compliance with requirements (A)(1) through (4) shall be evidenced by a certificate signed by the Napa County fire chief on the building plans submitted.

(Ord. 1097 § 50 (part), 1996)

18.119.160 - Telecommunication facilities—Environmental resource protection.

All telecommunication facilities shall be sited so as to minimize the effect on environmental resources. To that end the following measures shall be implemented:

A.

No telecommunications facility or related improvements including but not limited to access roads and power lines shall be sited so as to create a significant threat to the health or survival of plant or animal species identified in the Napa County Environmental Resource Mapping System as rare, threatened, or endangered;

B.

No telecommunications facility or related improvements shall be sited such that their construction will damage an archaeological site or have an adverse effect the historic character of a historic feature identified on the Napa County Environmental Resource Maps; and

C.

No telecommunications facility shall be sited such that its presence threatens the health or safety of migratory birds.

(Ord. 1097 § 50 (part), 1996)

18.119.170 - Telecommunication facilities—Noise and traffic.

All telecommunication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused the residents of nearby homes and the users of nearby recreational areas such as public parks and trails. To that end all the following measures shall be implemented:

A.

Outdoor noise producing construction activities shall only take place on weekdays (Monday through Friday) between the hours of seven-thirty a.m. and five-thirty p.m. unless allowed at other times by the commission;

B.

Backup generators shall only be operated during power outages and for testing and maintenance purposes. Testing and maintenance shall only take place on weekdays between the hours of eight-thirty a.m. and four-thirty p.m.; and

C.

Traffic shall at all times be kept to an absolute minimum, but in no case more than one round trip per day on an average annualized basis once construction is complete.

(Ord. 1097 § 50 (part), 1996)

A.

No telecommunication facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to public health. To that end no telecommunication facility or combination of facilities shall produce at any time power densities in any inhabited area as this term is defined in Section 18.08.325 that exceed the ANSI C95.1-1992 standard for human exposure or any more restrictive standard subsequently adopted or promulgated by the county, the state of California, or the federal government.

B.

Initial compliance with this requirement shall be demonstrated for any facility within four hundred feet of an inhabited area and all broadcast radio and television facilities through submission, at the time of application for the necessary permit or entitlement, of NIER calculations specifying NIER levels in the inhabited area where the levels produced are projected to be highest. If these calculated NIER levels exceed eighty percent the NIER standard established by this section, the applicant shall hire a qualified electrical engineer licensed by the state of California to measure NIER levels at said location after the facility is in operation. A report of these measurements and his/her findings with respect to compliance with the established NIER standard shall be submitted to the director. Said facility shall not commence normal operations until it complies with, or has been modified to comply with, this standard. Proof of said compliance shall be a certification provided by the engineer who prepared the original report.

C.

Every telecommunication facility within four hundred feet of an inhabited area and all broadcast radio and television facilities shall demonstrate continued compliance with the NIER standard established by this section. Every five years a report listing each transmitter and antenna present at the facility and the effective radiated power radiated shall be submitted to the director. If either the equipment or effective radiated power has changed, calculations specifying NIER levels in the inhabited area where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER standard changes. If calculated levels in either of these cases exceed eighty percent of the standard established by this section, the operator of the facility shall hire a qualified electrical engineer licensed by the state of California to measure the actual NIER levels produced. A report of these calculations, required measurements, if any, and the author's/engineer's findings with respect to compliance with the current NIER standard shall be submitted to the director within five years of facility approval and every five years thereafter. In the case of a change in the standard, the required report shall be submitted within ninety days of the date said change becomes effective.

D.

Failure to supply the required reports or to remain in continued compliance with the NIER standard established by this section shall be grounds for revocation of the use permit or other entitlement for use.

(Ord. 1097 § 50 (part), 1996)

A.

Exceptions to the requirements specified in Sections 18.119.020 through 18.119.170 may be granted through issuance of a use permit by the commission. Such a permit may only be approved if the commission finds, after receipt of sufficient evidence, that failure to adhere to the standard under consideration in the specific instance will not increase the visibility of the facility or decrease public safety.

B.

An exception to the requirements of Sections 18.119.080 and 18.119.150 may only be granted upon written concurrence by the Napa County fire chief or his/her designee.

(Ord. 1097 § 50 (part), 1996)

18.119.200 - Telecommunication facilities—Administrative approvals.

A.

Establishment of a telecommunication facility may, where permitted under the provisions of Chapters 18.16 through 18.100, be authorized by a site plan approval pursuant to Chapter 18.140 so long as said facility meets all the following conditions:

1.

The facility complies with all the minimum requirements specified in Sections 18.119.020 through 18.119.180;

2.

The facility is located outside the safety zone of any airport;

3.

The facility is located more than four hundred feet from any inhabited area as this term is defined in Section 18.08.325 that is not occupied solely by the owner of the underlying property and his/her family or NIER calculations prepared by a qualified electrical engineer licensed by the state of California have been submitted showing that NIER levels there are less than ten percent of the NIER standard established by Section 18.119.180;

4.

The areas disturbed are located outside the boundaries of the environmentally-sensitive areas identified on the Napa County Environmental Resource Maps or evidence acceptable to the director has been submitted showing that the hazard or resource involved in fact does not exist in the area in question or will not adversely effect, or be adversely effected by, the project as proposed;

5.

The areas disturbed have average slopes of under thirty percent;

6.

The facility consists of no more than a single telecommunications tower and one or more related equipment buildings/enclosures;

The facility is incapable of producing effective radiated power levels in excess of ten thousand watts;

8.

The facility will generate no more than one trip per week on an average annualized basis once construction is complete and the equipment is fully operational;

9.

The facility blends with the surrounding existing natural and man-made environment in such a manner so as to be effectively unnoticeable, or is co-located with an existing telecommunication or other quasi-public facility in such a manner so that the height of any facility less than fifty feet tall is not increased above fifty feet, or is architecturallyintegrated into the existing building on which is mounted, or is entirely contained within a building primarily occupied by another permitted use, or consists of a single whip (omni) antenna less than twenty feet in length with a diameter of less than four inches;

10.

The height of any new telecommunications tower, other than a tower on a multiple-user site or co-located with a quasi-public facility, is less than one hundred fifty feet;

11.

The height of any new uncamouflaged or unscreened telecommunications tower on a multiple-user site or when co-located with a quasi-public facility shall be less than thirty-five feet;

12.

The highest point on any camouflaged or screened telecommunication tower with all antennas and other planned equipment attached is less than ten feet above the highest point on the surrounding tree canopy within forty (horizontal) feet;

13.

The highest point on any co-located facility involved is less than ten feet higher than the height of the original facility as authorized in its use permit or other entitlement for use or, where no use permit or other entitlement for use exists, the height of the facility as it existed before any co-location took place;

14.

Any new antenna-array support needed is installed no further above the top of the tree canopy than technical considerations require;

15.

Any new utility line extensions longer than fifty feet installed primarily to serve this facility are located underground within an existing road or other area where any trees present will not be disturbed;

16.

All new lines connecting various portions of the facility have been placed underground;

Any new building(s) has been effectively screened from view from off-site;

18.

Less than three hundred feet of new road has been (or would be) installed to serve the planned facility;

19.

No new cuts or fills would be higher than three feet individually or four feet in aggregate at any given location;

20.

No trees larger than six inches in diameter have been (or would be) removed.

B.

The director may deny a site plan for a facility that meets all these standards if he/she determines, in his/her sole discretion, that the public interest would be furthered by having the commission review this matter. In that case and the case of any proposed facility that fails to meet one or more of the standards listed above, a use permit approved by the commission shall be required to construct the facility in question.

C.

The grounds for appeal of issuance of either this site plan approval or the subsequent building permit shall be limited to assertion(s) that one or more specific standards listed above and/or specific requirements of the building code would not be met, that the notice required under Section 18.119.220(C) was not provided, or that the action was so inappropriate or unjustified as to require a further hearing by the board. In this latter instance a specific finding by the board that such a situation exists must be made prior to a appeal hearing being scheduled. Notwithstanding any other provision of this code, appeals involving site plan approvals for telecommunication facilities shall be acted on and a final decision rendered within seventy-five days of issuance of the site plan approval or building permit being appealed.

(Ord. 1097 § 50 (part), 1996)

18.119.210 - Telecommunication facilities—Administrative modifications.

A.

Modification of a previously-approved telecommunication facility may be authorized by site plan approval pursuant to Chapter 18.140 so long as said modification meets all the following conditions:

1.

The modified facility complies with all the minimum requirements specified in Sections 18.119.020 through 18.119.180;

2.

The modified facility meets the requirements specified in Sections 18.119.200(A)(3) through (5), (7), and (10) through (20);

The modified facility will generate no more than two trips per week on an average annualized basis once all construction work is complete and all equipment installed is fully operational;

4.

The overall height of the telecommunication tower with all planned antennas and other equipment attached has not been increased by more than ten feet over that authorized by the original use permit or other entitlement for use or, where no use permit or other entitlement for use exists, the height of the facility as it originally existed before any modifications were undertaken;

5.

The gross cross-sectional area or silhouette of the telecommunications tower involved with related antennas, dishes and other devices attached has not, from any aspect, been increased by more than twenty-five percent over that authorized by the original use permit or other entitlement for use or, where no use permit or other entitlement for use exists, the height of the facility as it originally existed before any modifications were undertaken;

6.

If required by the Napa County Airport Land Use Compatibility Plan, Napa County airport land use commission approval has previously been obtained for any tower whose revised height with all planned antennas and other equipment attached exceeds one hundred fifty feet.

B.

The director may deny a site plan for a modification that meets all these standards if he/she determines, in his/her sole discretion, that the public interest would be furthered by having the commission review this matter. In that case and the case of all facilities that fail to meet one or more of the standards listed above, a use permit approved by the commission shall be required to make the modification involved.

C.

The grounds for appeal of issuance of either this site plan approval or the subsequent building permit shall be limited to assertion(s) that one or more specific standards listed above and/or specific requirements of the building code would not be met, that the notice required under Section 18.119.220(C) was not provided, or that the action was so inappropriate or unjustified as to require a further hearing bythe board. In this latter instance a specific finding by the board that such a situation exists must be made prior to a appeal hearing being scheduled. Notwithstanding any other provision of this code, appeals involving site plan approvals for telecommunication facilities shall be acted on and a final decision rendered within seventy-five days of issuance of the site plan approval or building permit being appealed.

(Ord. 1097 § 50 (part), 1996)

A.

Notwithstanding any other provision in this Chapter 18.119, a collocation facility as defined in this section shall be permitted, subject to the issuance of a building permit, if it satisfies the following requirements:

1.

The wireless telecommunications collocation facility on which the collocation facility is proposed was subject to a discretionary permit and an environmental impact report was certified, or a negative declaration or mitigated negative declaration was adopted for the wireless telecommunications collocation facility in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the requirements of Public Resources Code section 21166 do not apply, and the collocation facility incorporates required mitigation measures specified in that environmental impact report, negative declaration, or mitigated negative declaration; and

2.

The collocation facility is consistent with all the requirements applicable to the wireless telecommunications collocation facility, including but not limited to use permit conditions and the development and performance standards set forth in Sections 18.119.020 through 18.119.180.

B.

If a collocation facility is proposed on, or immediately adjacent to an existing wireless telecommunications collocation facility which has not been subject to a discretionary permit as set forth in subsection (A)(1) above, the wireless telecommunications collocation facility shall be subject to use permit or site plan approval issued on or after January 1, 2007, and comply with the following:

1.

The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) through certification of an environmental impact report, or adoption of a negative declaration, mitigated negative declaration, or a categorical exemption;

2.

Applicable state and county requirements, including the Napa County General Plan, Airport Industrial Area Specific Plan, and zoning ordinances;

3.

All of the development and performance standards set forth in Sections 18.119.020 through 18.119.180; and

4.

At least one public hearing on the discretionary permit required under this subsection (B) has been held and notice thereof has been given pursuant to Government Code section 65091.

C.

For purposes of this section, the following definitions apply:

1.

"Collocation facility" means the placement or installation of wireless facilities, including antennas, and related equipment, on, or immediately adjacent to, a wireless telecommunication collocation facility.

2.

"Wireless telecommunications facility" means equipment and network components such as towers, utility poles, transmitters, base stations, and emergency power systems that are integral to providing wireless telecommunications services.

3.

"Wireless telecommunications collocation facility" means a wireless telecommunications facility that includes collocation facilities.

D.

With respect to the consideration of the environmental effects of radio frequency emissions associated with collocation facilities, review shall be limited to that authorized by Section 332(c)(7) of Title 47 of the United States Code, or as that section may be hereafter amended.

(Ord. No. 1318, § 5, 6-9-2009)

18.119.220 - Telecommunication facilities—Public notice.

In addition to the public notice required under subsection (B) of Section 18.124.040 and subsection (D) of Section 18.140.030, the following special noticing shall be provided:

A.

Notice of installation of any mockup shall be provided by placing a display advertisement of at least one-eighth page clearly indicating the location of the facility, the tentative hearing date for the proposal, and the period during which the mockup will be present. This notice shall be published three days prior to the erection of the mockup in a paper of general circulation serving the area potentially impacted. In addition this notice shall be mailed to all property owners within one thousand feet of the parcel(s) on which the facility including any private access way is to be located.

B.

Notice of the public hearing on a use permit authorizing the establishment or modification of a telecommunication facility shall be provided to the operators of all telecommunication facilities within one mile of the subject parcel via mailing of the standard legal notice prepared in response to subsection (B) of Section 18.124.040.

C.

Notice of the approval of a site plan authorizing the establishment or modification of, or the renewal of a permit for, a telecommunication facility shall be provided by publishing a legal notice in a newspaper of general circulation serving the area potentially impacted. Said notice shall clearly indicate the location of the facility and the limited grounds for appeal. It shall be mailed to all property owners within one thousand feet of the parcel on which the facility is located and all persons known to have telecommunication facilities within one mile of the site. Mailing/publication of said notice shall start a ten working day appeal period.

(Ord. 1097 § 50 (part), 1996)

(Ord. No. 1395, § 4, 12-16-2014)

Minor antennas as defined in Section 18.08.378 may be installed, erected, maintained, and/or operated in any zoning district where such antennas are permitted under this title so long as all the following conditions are met:

A.

The underlying use involved is accessory to the primary use of the property which is not a telecommunications facility;

B.

No more than three other antenna or satellite dishes larger than two feet in diameter, other than amateur radio antennas are present on the parcel;

C.

The combined effective radiated power radiated by all the antenna present on the parcel is less than one thousand five hundred watts;

D.

The combined NIER levels produced by all the antenna present on the parcel does not exceed the NIER standard established in Section 18.119.180;

E.

The antenna is not situated between the primary building on the parcel and any public or private street adjoining the parcel, except that accessory antennas may be co-located with any public pay telephone installation or similar facilities, so long as antennas are hidden from view to the public and such facilities are architecturally integrated with the telephone installation or other primary facility if not a telephone installation;

F.

The antenna is located outside all yard and street setbacks specified in Chapters 18.104 and 18.112 and no closer than twenty feet to any property line, with the exception of accessory antennas located as part of pay telephone facilities or similar facilities as determined by the director;

G.

None of the guy wires employed are anchored within the area in front of the primary structure on the parcel;

H.

No portion of the antenna array extends beyond the property lines or into the area in front of the primary building on the parcel, with the exception of accessory antennas located as part of pay telephone facilities or similar facilities as determined by the director;

I.

At least ten feet of horizontal clearance exists between the antenna and any power lines;

J.

All towers, masts and booms are made of a noncombustible material and all hardware such as brackets, turnbuckles, clips and similar type equipment subject to rust or corrosion has been protected either by galvanizing

or sheradizing after forming;

K.

The materials employed are not unnecessarily bright, shiny, or reflective and are of a color and type that blends with the surroundings to the greatest extent possible; and

L.

The installation is in compliance with the manufacturer's structural specifications and the requirements of the Uniform Building Code including Section 507. Exceptions Table SD, Table 23-24 and Section 360.

(Ord. No. 1318, § 6, 6-9-2009; Ord. 1097 § 50 (part), 1996)

A.

Ground-, building-, or tower-mounted radio antenna operated as part of the Amateur Radio Service by amateurs licensed under Part 97 of the FCC regulations may be installed, erected, maintained, and/or operated in any zoning district where minor antenna are permitted under this title so long as all of the following conditions are met:

1.

The minimum standards specified in subsections (A), (E), (F), (I), and (L) of Section 18.119.230 have been complied with and a written self-certification of compliance has been submitted to the director by the applicant;

2.

No more than two other amateur radio antennas are present on the parcel; and

3.

No boom or active element of the antenna is larger than two inches in diameter.

B.

Telecommunication towers on which amateur radio antenna are mounted shall meet the following additional criteria:

1.

The tower is the only one present on the parcel;

2.

The tower with all masts and antennas attached is less than fifty feet tall, except when extended and it shall only be extended above fifty feet during actual operation of the amateur radio antenna facility of which it is a part; and

3.

The tower is a lattice-type with maximum dimensions of no more than thirty inches on a side or a tubular-type no more than six inches in diameter.

C.

No person shall install a telecommunication tower on which an amateur radio antenna is to be mounted without first submitting a plot plan and such other information as the director finds necessary to demonstrate compliance with subsections (A) and (B) above.

D.

The director or zoning administrator, as appropriate, may waive compliance with the requirements of Sections 18.119.230(E) and (F) and subsections (B)(2) and (3) above upon submission of technical evidence demonstrating that adherence to these standards would deny the applicant the ability to effectively communicate on the radio band to be used.

(Ord. 1104 § 38, 1996; Ord. 1100 § 1, 1996)

A.

Ground- and building-mounted satellite dishes may be installed, erected, maintained, and/or operated in any zoning district where minor antennas are permitted so long as all the following conditions are met:

1.

The minimum standards specified in Section 18.119.230 are complied with;

2.

No more than one other satellite dish larger than two feet in diameter is present on the parcel;

3.

Any roof-mounted satellite dish larger than two feet in diameter is located in back of, and does not extend above, the peak of the roof;

4.

Any ground-mounted satellite dish with a diameter greater than four feet that is situated less than five times its actual diameter from adjoining property lines has screening treatments located along the antennas' non-reception window axes and low-level landscape treatments along its reception window axes; and

5.

For any roof- or mast-mounted satellite dish larger than two feet in diameter, a building permit has been obtained and compliance with the standards listed in Sections 613.0 and 615.0 of the BOCA Basic Building Code has been demonstrated to the satisfaction of the building official.

B.

No person shall place a satellite dish larger than four feet in diameter on private property without first submitting sufficient information to the director, including but not limited to a site plan and elevations, to determine compliance with this section and Section 18.119.230. The director may approve, disapprove or modify the proposed placement. In addition he/she may require that the satellite dish be of a specific diameter, color, or type of construction.

(Ord. 1097 § 50 (part), 1996)

Ground- and building-mounted panel antenna may be installed, erected, maintained, and/or operated in any zoning district where minor antenna are permitted so long as all the following conditions are met:

A.

The minimum standards specified in Section 18.119.230 are complied with;

B.

No more than one other panel antenna is present on the parcel; and

C.

Any roof-mounted panel antenna with a face area greater than three and one-half square feet is located behind, and does not extend above, the peak of the roof nearest the closest inhabited area off site, or public road, if there is one.

(Ord. 1097 § 50 (part), 1996)

Ground- and building-mounted radio and receive-only television antennas may be installed, erected, maintained, and/or operated in any zoning district where minor antenna are permitted under this title so long as all the following conditions are met:

A.

The minimum standards specified in Section 18.119.230 are complied with;

B.

No boom or any active element of the antenna is longer than fifteen feet; and

C.

Any wire antenna that is not self-supporting is supported by objects within the property lines but not within the area in front of the primary structure on the property.

(Ord. 1097 § 50 (part), 1996)

Chapter 18.120 - EXCEPTIONS

18.120.010 - Exceptions to use limitations.

A.

The following uses, in addition to those hereinbefore set forth, shall be allowed without a use permit in any zoning district:

1.

Category 1 and 1A temporary events, as defined in Section 5.36.015;

2.

Category 2A, 2B, 3, 4, and 5 and Subsequent Category 2A, 2B, 3, 4 and 5 temporary events as defined in Section 5.36.015 and conducted in accordance with Chapter 5.36; and special events as defined in Section 10.24.010 and conducted in accordance with a special events permit obtained in accordance with Chapter 10.24;

3.

Surface mining as defined in Chapter 16.12 so long as a surface mining permit has been issued as prescribed by that chapter;

4.

Distribution lines installed to convey gas and/or electricity locally to individual services or to another such line;

5.

Cable television lines, and telephone lines other than long distance cables;

6.

Cultivation of gardens;

7.

Temporary sheds for the retail sale of agricultural products lawfully produced on the premises;

8.

Hand-held, vehicular, or other portable transmitters or transceivers, including, but not limited to cellular phones, CB radios, emergency services radio, and other similar devices;

9.

Helicopter emergency use facility landing sites; and

10.

Helicopter takeoffs and landings at locations other than public airports, in support of direct agricultural activities, but only if the takeoffs and landings comply with all of the following conditions: (a) they are solely in support of direct aerial agricultural activities and applications such as aerial spraying, aerial frost protection, or aerial mapping; (b) they do not transport persons other than those essential to the conduct of such aerial activities; and (c) they are unavoidable.

Within forty-eight hours of any takeoff or landing in support of direct agricultural activities as described herein, the helicopter operator shall submit to the director of the department a written report containing the helicopter's registration number; date, time, duration and aerial activity of the operation; the persons engaged in the conduct of such activity; and the reason why the takeoff or landing was unavoidable.

11.

Accessory renewable energy systems which comply with the criteria set forth in Section 18.117.030.

Accessory emergency power generators supplying a total of not more than onr hundred twenty-five percent of the calculated energy demand for all legally established onsite uses, and that comply with Chapter 8.16 (Noise), Chapter 18.108 (Conservation Regulations), and Chapter 18.104 (Additional Zoning District Regulations).

B.

The following uses may be permitted in any zoning district (or where restricted to certain zoning districts, in accordance with such restrictions) upon the grant of a use permit in each case:

1.

(Reserved);

2.

Emergency medical services landing sites, provided, that such use permit is not effective unless and until any required permits, licenses, or other approvals from other federal, state, and local agencies (including the airport land use commission) have been obtained;

3.

Commercial excavation or extraction of natural materials including, without limitation, geothermal, oil and gas resources;

4.

Timber harvesting;

5.

Sanitation treatment plants and oxidation ponds;

6.

Electric transmission lines designed to carry large blocks of electric energy at a voltage of thirty-three kv or above from generating stations, between points of interchange, between transmission substations, to distribution stations or to large individual customers;

7.

Gas transmission lines installed for the purpose of transmitting gas from a source or sources of supply to one or more distribution centers or to one or more large volume customers or to interconnect sources of supply;

8.

(Reserved);

9.

Quasi-public uses not included elsewhere in this section other than telecommunication facilities;

10.

Other provisions of this section to the contrary notwithstanding, the undergrounding of any electric, gas or telephone line shall require a use permit except:

a.

Where the entire length of the line to be underground is covered by an encroachment permit; or

b.

The entire length of the line to be undergrounded lies between a distribution line on a street and an individual service connection;

11.

Churches;

12.

Cemeteries;

13.

Child day care center in existing structures developed for public assembly (i.e., churches, meeting halls, public and private schools) and in existing nonconforming commercial buildings;

14.

Temporary real estate offices for the sale of properties developed pursuant to a development plan for the site;

15.

Provided that the property to be developed is located within a railroad right-of-way in existence as of January 1, 1988, and notwithstanding any other provision of this code, tourist and excursion transportation facilities may be permitted, subject to the issuance of a conditional use permit pursuant to Sections 18.124.010 through 18.124.080; and

16.

Hot air balloon launching sites so long as the approving agency can make all of the findings contained in Section 18.104.400.

C.

Minimum lot area regulations applicable to any zoning district may be waived by the commission in connection with issuance by it of a use permit for any use set forth in subsection (B)(7) of this section.

D.

The following uses shall be allowed in any zoning district upon issuance of an administrative permit in accordance with Chapter 18.126:

1.

A home occupation; provided, however, that notwithstanding Section 18.08.310, a bed and breakfast shall not be considered a home occupation;

Signs allowed without permits per Section 18.116.020 and signs allowed upon grant of an administrative permit per Section 18.116.030;

3.

A temporary trailer;

4.

An application for an extension of time for a previously issued administrative permit for a temporary trailer; and

5.

Hot air balloon launching sites involving fifty or fewer days of launches or attempted launches at the same site per year and in accordance with the standards contained in subsection (O) of Section 18.126.060.

(Ord. 1308 § 2, 2008: Ord. 1304 § 1, 2008: Ord. 1276 § 2, 2006: Ord. 1272 § 2, 2006; Ord. 1242 § 2, 2004: Ord. 1206 § 33, 2002: Ord. 1104 §§ 39, 40, 1996; Ord. 1101 §§ 9, 10, 1996; Ord. 1097 §§ 52, 53, 1996; Ord. 1052 § 16, 1993; Ord. 902 § 3, 1988; Ord. 853 § 6, 1987; Ord. 816 § 21, 1986; Ord. 815 § 7, 1986; Ord. 759 § 11, 1983; Ord. 591 § 2, 1979; Ord. 551 § 19, 1977: Ord. 527 § 2, 1977: Ord. 511 § 1 (part), 1976: prior code § 12701)

(Ord. No. 1370, § 46, 3-20-2012; Ord. No. 2018-02, § 2, 7-10-2018; Ord. No. 1453, § 7, 1-28-2020)

Editor's note— Section 18.120.010 was amended by the voters at a referendum held on July 10, 2018.

Chapter 18.124 - USE PERMITS

A use permit may be granted by the commission subject to the provisions of this chapter, provided however, that if the board of supervisors is the decision maker on any companion action which is necessary to approve the use permit, the commission shall make an advisory recommendation to the board to approve or disapprove the entire action, and the board shall thereafter make the final decision on the entire action, including any determination to be made under the California Environment Quality Act (CEQA), in accordance with this chapter.

(Ord. 1192 § 1, 2002: Ord. 511 § 1 (part), 1976: prior code § 12800)

Application for a use permit shall be made to the commission in writing on a form prescribed by the director and shall be accompanied by plans, elevations and other appropriate information, graphic depictions, necessary to show details of the proposed use.

(Ord. 511 § 1 (part), 1976: prior code § 12801)

(Ord. No. 1370, § 47, 3-20-2012)

An application for a use permit shall be accompanied by that fee established by resolution of the board of supervisors.

(Ord. 906 § 43, 1989: Ord. 837 § 49, 1987: Ord. 511 § 1 (part), 1976: prior code § 12802)

18.124.035 - Advisory recommendation by the planning commission.

If the commission is required to make an advisory recommendation to the board pursuant to section 18.124.010, it shall hold a public hearing in the manner set forth in section 18.124.040, and recommend approval or disapproval and suggested conditions of issuance as set forth in section 18.124.060.

(Ord. 1192 § 2, 2002)

18.124.040 - Application—Public hearing.

A.

The public officer or body authorized to consider applications for use permits shall issue or refuse to issue use permits only after holding a duly noticed public hearing.

B.

Notice of the hearing shall be given in accordance with Section 18.136.040.

C.

The applicant may:

Appear in person or employ; and

Be represented by counsel; and

3.

Have the right to inspect and obtain copies of all documents to be considered at the hearing.

D.

All witnesses presenting testimony at the hearing shall be sworn. Witnesses shall be subject to direct and crossexamination. However, formal rules of evidence applicable to the trial of civil proceedings in the trial courts of California shall not be applicable to the hearing but relevant evidence may be admitted and given probative effect only if it is the kind of evidence which reasonable persons are accustomed to rely upon in the conduct of serious affairs. The burden of establishing that a use permit should be granted shall be borne by the applicant.

E.

The hearing may be continued from time to time at the discretion of the approving officer or body.

F.

The approving officer or body shall, upon the conclusion of the hearing, adopt a decision which includes findings of fact supporting the decision. The recommended decision shall be filed with the department and a copy mailed to the applicant within three working days of the date the decision is announced.

G.

The sole means of reviewing the decision of the approving officer or body is by filing an appeal in the manner set forth in Title 2 (commencing with Section 2.88.020), except that no appeal shall be made from a decision of the board of supervisors.

(Ord. 1192 § 3, 2002; Ord. 826 § 2, 1986: Ord. 511 § 1 (part), 1976: prior code § 12803)

18.124.050 - Approval—Notification of county assessor.

If a use permit is granted the director shall, within thirty calendar days of such approval, notify the Napa County assessor of the approval.

(Ord. 867 § 21 (part), 1988: prior code § 12803.5)

The commission or board may issue a permit subject to conditions specifically set forth in the permit when the commission or board makes the findings prescribed in Section 18.124.070. Such conditions may include, without limitation, conditions governing the following matters:

A.

Ingress and egress to the property and proposed structures thereon with particular reference to automobile and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;

B.

Off-street parking and loading arrangements to facilitate the concerns set forth in subsection (A) of this section;

C.

Mitigation of adverse environmental effects if any, such as, adverse effects on groundwater resources, noise, glare, dust, smoke, odor or other effects of the proposed use in relation to adjoining property and property generally in the vicinity;

D.

Refuse and service areas;

E.

Utilities, and their locations and availability;

F.

Screening, buffering and landscaping;

G.

Signs, if any;

H.

Exterior and interior lighting, particularly with reference to glare, traffic safety and compatibility with nearby properties and uses;

I.

Yards;

J.

(Reserved);

K.

The time period for which the permit shall be valid.

(Ord. 1230 § 5, 2003: Ord. 1192 § 4, 2002: Ord. 1162 § 7(b), 1999: Ord. 511 § 1 (part), 1976: prior code § 12804)

18.124.070 - Issuance—Findings required.

Before issuing a use permit, the commission or board shall make the following written findings:

A.

That the commission or board has the power to issue a use permit under the zoning regulations in effect as applied to the property;

B.

That the procedural requirements set forth in this chapter have been met;

C.

That grant of the use permit, as conditioned, will not adversely affect the public health, safety or welfare of the county;

D.

That the proposed use complies with the applicable provisions of this code and is consistent with the policies and standards of the general plan and any applicable specific plan;

E.

That, in the case of groundwater basins identified as "groundwater deficient areas" under Section 13.15.010, the proposed use would not require a new water system or improvement, or utilize an existing water system or improvement causing significant adverse effects, either individually or cumulatively, on said groundwater basins in Napa County, unless that use would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code;

F.

That, in the case of other groundwater basins, or areas which do not overlay an identified groundwater basin, substantial evidence has not been presented which demonstrates that the new water system or improvement might cause a significant adverse affect on any underlying groundwater basin, unless that use would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code;

G.

In the case of a development or improvement with a reasonably foreseeable connection to a public water supply as defined in Section 13.15.010, regardless of the number of parcels served, that the proposed use would not require a new water system or utilize an existing water system necessitating a groundwater permit pursuant to Chapter 13.15. This finding shall not be required if the applicant presents substantial evidence demonstrating that the use of groundwater for such development or improvement would not have a significant adverse effect on the underlying groundwater basin; or if that use would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code.

(Ord. 1230 § 6, 2003: Ord. 1202 § 6, 2002: Ord. 1192 § 5, 2002: Ord. 1162 § 7(c), 1999: Ord. 853 § 8, 1987: Ord. 511 § 1 (part), 1976: prior code § 12805)

18.124.080 - Automatic expiration of use permits.

A.

Subject to Sections 18.124.090 and 18.124.091 of this chapter, unless one or more of the following conditions occur, a use permit shall, without further action by any county officer or body, expire and become void two years after the date the approving officer or body orders the use permit issued or, if an appeal is taken to the board of supervisors, two years after the date the decision of the board on appeal becomes final; provided, however, that if a shorter or longer time period is included in the conditions of approval of the use permit, that time period shall control (for purposes of this chapter this date shall hereafter be referred to as the "use permit expiration date"):

1.

Substantial evidence exists that the use permit has been used. Substantial evidence of use may be demonstrated by any of the following:

a.

Securing a building permit, wastewater or sewage disposal permit, or other construction permit for the project and having commenced construction pursuant to such permit prior to the use permit expiration date; provided, however, that if the total development envisioned by the use permit requires the construction of one or more foundations or the construction of a wastewater or sewage disposal system, bridge, cave or similar improvement, the holder of the use permit shall be deemed to have commenced construction only by having constructed, pursuant to a lawful permit, the entire foundation for one of those improvements, or having constructed the wastewater or sewage disposal system, prior to the use permit expiration date.

b.

In the case of projects requiring regional, state or federal approvals subsequent to the issuance of the use permit before construction may commence, by a showing that sufficient funds have been expended (or liabilities incurred) in the process of securing those approvals in an amount that is equivalent to the cost of constructing any foundation, wastewater or sewage disposal system, bridge, or similar improvement required by the use permit.

c.

By showing that, subsequent to the issuance of the use permit and prior to the use permit expiration date, sufficient funds have been expended (or liabilities incurred) in preparing the site for construction that is equivalent to the cost of constructing any foundation, wastewater or sewage disposal system, bridge, cave or similar improvement required by the use permit.

For purposes of this subsection, grading or expenses directly related to grading activities shall not be considered as evidence that the use permit has been used, the commencement of construction or the preparation of a site for construction.

d.

In cases where a building permit, wastewater or sewage permit, or any other construction permit other than a grading permit is not required, the permit is used by actually commencing the activity authorized by the use permit, after compliance with all use permit conditions, prior to the use permit expiration date.

2.

The commission grants an extension of time consistent with the requirements of subsection (A) of Section 18.124.130.

3.

The director grants an extension of time consistent with the requirements of subsection (P) of Section 18.126.065.

4.

An extension of time was granted by the director through the very minor modification process pursuant to subsection (C) of Section 18.124.130 between April 1, 2009 and December 1, 2011.

B.

If a use permit is granted in which some of the development activities permitted require the issuance of a building permit, wastewater or sewage permit, or other construction permit other than a grading permit, and some require only administrative approval, the portions of the use permit requiring the issuance of a building permit, wastewater or sewage permit, or other construction permit shall not be deemed to have been used, and are subject to the automatic expiration provisions of this section, unless compliance with subsection (A)(1)(d) of this section has occurred prior to the expiration date.

(Ord. 1268 § 13, 2005: Ord. 1233 § 12, 2004: Ord. 1206 § 34, 2002: Ord. 992 § 1, 1991; Ord. 945 § 5, 1990; Ord. 916 § 6, 1989: Ord. 882 § 2, 1988: Ord. 826 § 3, 1986: Ord. 531 § 6, 1977: Ord. 511 § 1 (part), 1976: prior code § 12806)

(Ord. No. 1370, § 48, 3-20-2012; Ord. No. 1455, § 2, 2-4-2020)

18.124.090 - Tolling of period within which use permit must be used.

A.

If, subsequent to the issuance of a use permit, a lawsuit is filed which seeks to enjoin the use of the use permit or the issuance by any governmental agency of any building permit, wastewater permit or sewage permit, or other construction permit required in connection with any of the activities or construction authorized by the use permit, the period of time during which the use permit must be "used," as set forth in Section 18.124.080, shall be tolled during the pendency of the lawsuit, including appeals, as long as the petitioner or plaintiff in the lawsuit is not the holder of the use permit.

B.

The period of time during which the use permit must be "used" as set forth in Section 18.124.080 shall be tolled for the duration of any moratorium adopted by any local agency, including the county, which prevents the holder of a use permit from "using" the use permit as defined in Section 18.124.080.

C.

If, prior to commencing the activity authorized by a use permit, it is necessary to secure federal and/or state permits for the operation of any portion thereof, and one or more of such applications are filed not less than ninety days prior to initial expiration of the use permit established by subsection (A) of Section 18.124.080 of this chapter, the life of the use permit shall be tolled for a period of time equal to the number of days that elapse between the date the federal or state application is filed and the date the permit is issued, or one year, whichever is less. Only one federal or state permit may be utilized to determine this period of time; provided, however, that the state or federal permit utilized shall be selected by the holder of the use permit.

D.

If a condition of a use permit contains language that requires the condition to be performed by a specified date or time, that date or time shall be extended for a period of time equal to (1) the duration of any lawsuit, including appeals, whether or not an injunction has been issued preventing the holder of the use permit from complying with said condition; or (2) the duration of any moratorium adopted by any local agency, including the county, if the moratorium prevents the holder of a use permit from complying with said condition, providing a request to modify the use permit by extending the time is filed in the manner required by Section 18.124.130 not less than ninety days prior to the date or time compliance with the condition would otherwise be required, and further providing that the request is subsequently approved by the director. The director shall, within thirty days of receipt, either grant the request or notify the applicant that the request has been denied. The director shall deny the permit only for the reasons set forth in Section 18.124.130(B) or if a delay in meeting the condition will be detrimental to the public health and safety. Any such determination by the director may be appealed to the board of supervisors.

(Ord. 1012 § 1, 1992; Ord. 992 § 2, 1991: Ord. 712 § 2, 1982: prior code § 12806.5)

18.124.091 - Tolling of period within which a use permit must be used due to litigation involving applicable general plan, specific plan or zoning regulations.

A.

If prior to, or subsequent to, the issuance of any use permit, a lawsuit is filed contesting the validity of any general plan, specific plan or zoning regulation, or the environmental determinations relating to the adoption of said general plan, specific plan or zoning regulation, that was relied upon in the use permit approval process, the period of time during which the use permit must be "used" as set forth in Section 18.124.080, shall be tolled during the pendency of such lawsuit, including appeals, as long as the petitioner or plaintiff in the lawsuit is not the holder of the use permit.

B.

If a use permit that is subject to the tolling provisions of subsection (A) contains language requiring a condition to be performed by a specified date or time, the date or time shall automatically be extended for the lesser of twelve months or the number of months that the period of time during which the use permit must be "used" is tolled. This date or time may be further extended providing a written request to modify the use permit by extending said date or time is filed not less than ninety days prior to the date or time compliance with the condition would otherwise be required, and further providing that the request is subsequently approved by the director. Any such request, if timely filed, shall be processed as a minor modification pursuant to Section 18.124.130. The director shall, within

thirty days of receipt, either grant or deny the request. The director shall approve the request unless the director finds that a further delay in meeting the condition would be detrimental to the public health and safety. Any such determination by the director may be appealed to the board of supervisors.

(Ord. 1183 § 1, 2001)

18.124.100 - [Reserved] 18.124.110 - [Reserved] 18.124.120 - Revocation—Conditions—Procedure.

A.

The commission, if it deems it appropriate or upon the request of the board, shall hold a public hearing for the purpose of considering the revocation, suspension, or modification of any previously approved use permit. Notice of a revocation, suspension or modification hearing shall be given in accordance with Section 18.136.040 except that the permittee shall be served in the manner provided by Sections 415.10 through 415.30, inclusive, of the Code of Civil Procedure if the permittee is in the state or, if the permittee is outside this state, in the manner provided in Section 415.40 of the Code of Civil Procedure. The notice shall identify the time, date and place of the hearing, the reasons for the hearing, and generally describe the factual basis upon which it has been determined that the use permit was obtained by fraud or misrepresentation or one or more conditions of the use permit alleged to have been violated.

B.

The public hearing shall be conducted in the manner set forth in Section 18.124.040.

C.

After closing the public hearing, the commission may revoke or suspend a use permit or modify the conditions thereof, if it makes one or more of the following findings:

1.

Approval of the use permit was obtained by fraud or misrepresentations; or

2.

A person making use of the use permit is violating or has violated any conditions thereof;

3.

The use for which the use permit was granted is being, or has been, exercised contrary to the terms or conditions of such approval;

4.

The use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare;

5.

The use for which the approval was granted is being exercised in such a manner as to constitute a nuisance; or

The use for which approval was granted has ceased for a period of five years or more.

D.

Copies of the decision adopted by the commission shall be mailed to the permittee by certified mail within three working days of the date the decision is announced.

E.

The decision of the commission action shall be final and conclusive unless an appeal is filed in the manner set forth in Chapter 2.88. Filing such an appeal shall be the sole means of reviewing the decision of the commission.

F.

Following the revocation or denial of a use permit, no application for a use permit for the same or substantially the same use and design or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(Ord. 1281 § 1, 2006: Ord. 1227 § 6, 2003: Ord. 1201 § 10, 2002; Ord. 826 § 5, 1986: prior code § 12808)

18.124.130 - Use permit modifications—Procedure—Categories.

A.

Except as otherwise provided in subsections (B), (C) and (D) of this section, modifications to an approved use permit shall be processed in the same manner and in compliance with the procedures set forth herein for use permits and appeals, including notice and the payment of applicable permit application fees.

B.

Upon receipt of a written request from the holder of a use permit, other than a winery use permit which shall be processed as set forth in subsection (C) below, or, for micro-winery use permit modifications as in (F) below, the zoning administrator may approve minor non-controversial modifications to approved use permits after giving notice of intent to approve or deny, but without a public hearing in regard to project design or permit conditions which do not affect the overall concept, density, intensity or environmental impact of, or substantially alter or delete any environmental mitigation measure for the project. Consistent with the foregoing, the zoning administrator may approve changes in location and/or size of approved structures or portions thereof, provided that, the zoning administrator shall not consider or approve a minor modification if the result of the approval of the requested minor modification would result in any structure or the aggregate of all approved structures being increased more than 25 percent in size or one story in height based on the size allowed under the approved use permit. Equipment enclosures whose permanent installation outdoors was approved by use permit are not subject to this size limitation.

1.

Notice of intent to approve or deny, for purposes of this subsection, shall include a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the subject real property, and a statement that the zoning administrator intends to approve or deny the requested modification on a certain date not less than ten calendar days after the date of mailing of the notice unless a member of the public requests a public hearing prior to that date.

Notice of intent, for purposes of this subsection, shall be mailed or delivered as follows:

a.

To the owner of the subject real property or the owner's duly authorized agent and to the project applicant if the project applicant is neither the owner of the property nor the owner's duly authorized agent; and

b.

To all owners of real property, including businesses, corporations or other public or private entities, as shown on the latest equalized assessment roll within 1,000 feet of the real property that is the subject of the proposed zoning change. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector which contain more recent information than the assessment roll may be used.

3.

If any member of the public requests a public hearing during the comment period, then the zoning administrator will provide public notice in accordance with Section 18.136.040 and conduct a public hearing.

C.

Upon receipt of a written request from the holder of a winery use permit, the zoning administrator may approve minor modifications to winery use permits by issuing a notice of intent to approve or deny and notice of decision in accordance with the procedures set forth in subsection (D) below, except for micro-wineries, which are addressed in subsection (F) below. There will be no public hearing for such minor modifications. Such minor modifications will not trigger application of the Napa County Road and Street Standards unless the total ADT from all uses exceeds forty ADT or the inspection authority determines that improvements are required to comply with the State Fire Code, State Responsibility Area Fire Safe Regulations, or adopted left-turn land warrants required for all projects. Modifications to winery use permits are considered minor modifications under this subsection if the change in operations consists of any of the following:

1.

Any increase in the number of full-time equivalent existing permitted employees up to a total of ten employees or by up to ten percent, whichever is greater;

2.

Any increase in (1) the number of full-time equivalent existing permitted employees, including seasonal employees, (2) tours and tastings, or (3) deliveries, such that the total number of vehicle trips for all such uses on the property does not exceed 40 ADT or 20 round trips;

3.

An increase in wine production up to a maximum of 30,000 gallons annually, or an increase of ten percent over the existing approved amount;

4.

An addition or increase in the number of marketing events, up to a total of 11 marketing events per year. Ten such events may allow attendees for each event up to a total that does not exceed 24 ADT (12 daily trips) and one such event may allow attendees for such event up to a total that does not exceed 40 ADT (20 daily round trips). The ADT for all winery uses on days when a marketing event occurs shall not exceed 40 ADT. The approval of marketing

events under this subsection may change in hours of operation during which such event may occur to include times after 6:00 pm, provided the project applicants cease all operations by 11:00 pm. ;Any change in days of operation provided there is no increase in visitation, except pursuant to this section;

5.

Any change in aggregate building footprint (including caves) by a maximum of 10,000 square feet or 25 percent of the total footprint, whichever is greater, where there is no cumulative increase in paved or impervious ground surface area beyond 25 percent of the subject parcel or 15 acres, whichever is less;

6.

Addition of a new high-risk commercial kitchen where there is an existing medium- or low-risk kitchen on the property; and/or

7.

Any additions, modifications, or changes that qualify for an administrative permit under section 18.126.065, when in connection with any other minor modifications identified above.

D.

Notice of intent to approve or deny, for purposes of subsection (C) above, shall include a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the subject real property, and a statement that the zoning administrator intends to approve or deny the requested modification on a certain date not less than ten calendar days after the date of mailing of the notice. Notice of intent, for purposes of this subsection, shall be given as follows:

1.

To the owner of the subject real property or the owner's duly authorized agent and to the project applicant if the project applicant is neither the owner of the property nor the owner's duly authorized agent;

2.

To all owners of real property, including businesses, corporations or other public or private entities, as shown on the latest equalized assessment roll within 1,000 feet of the real property that is the subject of the proposed project. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector which contain more recent information than the assessment roll may be used; and

3.

By posting the notice on the county's website for the PBES Department. A notice of decision, for purposes of subsection (C) above, shall be given in the same manner as a notice of intent, but shall include any conditions of approval imposed on the project by the zoning administrator. The date of the notice of decision shall be date of the decision for purposes of appeals pursuant to Chapter 2.88 of this code.

E.

Upon receipt of a written request from the holder of a use permit relating to a property subject to the Napa Valley Business Park Specific Plan, including winery use permits, the zoning administrator may approve any modification to approved use permits after giving notice and holding a public hearing pursuant to subsection (B), above.

F.

Upon receipt of a written request from the holder of a use permit relating to a micro-winery, the zoning administrator may approve minor modifications to micro-winery use permits in accordance with the procedures set forth in subsection (D) above. There will be no public hearing for such minor modifications. Modifications to microwinery use permits are considered minor modifications under this subsection if the change in operations consists of any of the following:

1.

Any increase in (1) the number of full-time equivalent existing permitted employees, including seasonal employees, (2) tours and tastings, or (3) deliveries, so long as the total number of vehicle trips for all such uses on the property does not exceed 20 ADT or 10 round trips;

2.

An increase in wine production so long as the total annual production does not exceed 5,000 gallons annually;

3.

Any change in days of operation provided there is no increase in visitation, except pursuant to this section; and

4.

Any increase in aggregate building footprint (including caves) so long as the total does not exceed 5,000 square feet.

G.

Upon receipt of a written request from the holder of a use permit, other than a winery use permit, which shall be processed as set forth in subsection (C) above, the director may administratively approve very minor, noncontroversial modifications to approved use permits without public notice, including the following:

1.

An extension of use permit expiration time not to exceed one year beyond the then-operative date of use permit expiration as established in conformance with this chapter, provided that the director shall not approve more than three such extensions of any one use permit or use permit modification approval; and

2.

Small (less than ten percent) changes in square footage or building footprint;

3.

Realignment of internal circulation roads;

4.

Similar items at the discretion of the director.

H.

Any modification to a use permit that exceeds the thresholds listed above in this section will be considered a major modification subject to consideration and a decision by the planning commission. A micro-winery with an approved major modification shall no longer be classified as a micro-winery.

(Ord. 1206 § 37, 2002: Ord. 1104 § 41, 1996; Ord. 1082 § 12, 1995; Ord. 1009 § 10, 1992; Ord. 981 § 54, 1991: Ord. 979 § 5, 1991: Ord. 944 § 3, 1990: Ord. 916 § 7, 1989: Ord. 826 § 6, 1986; prior code § 12809)

(Ord. No. 1370, § 49, 3-20-2012; Ord. No. 1395, § 5, 12-16-2014; Ord. No. 1455, § 3, 2-4-2020; Ord. No. 1474, § 3, 4-5-2022)

Chapter 18.126 - ADMINISTRATIVE PERMITS

In order to streamline review of certain types of land use permits, encourage expedited review and improve the use of county planning staff resources, the board has determined that it is in the best interests of the public health, safety and welfare to create an administrative, ministerial permit process for the review of certain types of applications that generally involve little or no controversy and do not involve the exercise of discretion, personal judgment or wisdom or significant environmental impacts. The administrative permits provided for herein are intended to provide adequate standards to ensure that the uses specified herein do not have a detrimental effect on their surroundings or adjacent uses.

(Ord. 1206 § 1 (part), 2002)

For purposes of this chapter, the following words and phrases are defined and shall be construed as hereafter set out, unless the context requires otherwise.

"Code" means the Napa County Code.

"Construction trailer" means any mobilehome used for the temporary housing or shelter of persons or chattels located upon land where the occupant is engaged in the construction of any building or works, for which any permits or approvals required by law have been issued.

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

"Director" means the director of the Napa County planning, building and environmental services department and/or the director's authorized designee.

"Farm labor trailer" means any mobilehome or mobilehomes used for temporary housing or shelter of persons on a seasonal basis which is located either (a) on the premises of a farm where such persons are bona fide employees of such farm, or (b) in a permitted farmworker center.

"Medical or caregiver trailer" means a mobilehome used for temporary housing or shelter of persons whose primary function is to provide medical aid or perform caregiver functions to a person requiring those services who resides in a legal residence on the parcel.

"Office trailer" means a temporary trailer located on the same site that may be used to continue operations of a legal business while the previously approved structure undergoes repair or remodeling.

"Permit" means an administrative permit issued pursuant to this chapter.

"Watchman trailer" means a mobilehome used for temporary housing or shelter of a person in connection with and adjacent to any business establishment for the purpose of preventing vandalism, burglary or unauthorized entrance upon the premises of such business.

(Ord. 1206 § 1 (part), 2002)

(Ord. No. 1323, § 30, 6-23-2009; Ord. No. 1379, § 173, 1-29-2013)

Subject to the provisions of this chapter, an administrative permit may be issued by the director, or zoning administrator as provided by subsection (A) of Section 18.10.020, for any of the following:

A.

A temporary event;

B.

A home occupation;

C.

An entry structure;

D.

Directional, identification, temporary off-site and/or agricultural signs, and comprehensive sign plans;

E.

A temporary trailer;

F.

Administrative modifications to winery use permits as described in Section 18.126.065;

G.

Hot air balloon launching sites involving fifty or fewer days of launches or attempted launches at the same site per year. For purposes of this chapter, anytime the permittee stages or sets up balloon equipment in anticipation of a launch at the same site, the site shall be deemed used and it shall count towards the maximum fifty launching days allowed per year regardless of whether an actual launch occurs;

H.

(Reserved);

I.

Small wind energy systems pursuant to the requirements of Chapter 18.117 of this Code; and/or

J.

Cottage food operation.

(Ord. 1276 § 3, 2006: Ord. 1206 § 1 (part), 2002)

(Ord. No. 1349, § 2, 10-26-2010, eff. 12-26-10; Ord. No. 1351, § 2, 11-23-2010, eff. 12-31-2010; Ord. No. 1370, § 50, 3-20-2012; Ord. No. 1380, § 4, 2-26-2013, eff. 3-28-2013; Ord. No. 1381, § 3, 3-12-2013, eff. 4-11-2013; Ord. No. 1455, § 4, 2-4-2020)

Application for an administrative permit shall be made to the department in writing on a form prescribed by the department. The application shall state the grounds for the application, the facts relied upon by the applicant and shall be accompanied by the plans, elevations, graphic depictions and other appropriate information, as necessary to show details of the proposed use. The application shall also demonstrate that the proposed use complies with the standards required for issuance of the permit.

(Ord. 1206 § 1 (part), 2002)

An application for an administrative permit shall be accompanied by a fee in the amount established by resolution of the board of supervisors.

(Ord. 1206 § 1 (part), 2002)

Issuance of an administrative permit is subject to the following standards:

A.

An administrative permit for a temporary event shall not be issued unless the application complies with Chapter 5.36 and the standards set forth in the Temporary Events Manual.

B.

An administrative permit for a home occupation shall not be issued unless the application complies with the standards contained in Section 18.104.090.

C.

An administrative permit for certain entry structures and fences shall not be issued unless the application complies with the standards contained in Section 18.104.270 or Section 18.104.275.

D.

An administrative permit for a directional sign shall not be issued unless the application complies with the standards contained in subsections (A) and (B) of Section 18.116.030.

E.

An administrative permit for an identification sign shall not be issued unless the application complies with the standards contained in Section 18.116.035.

F.

An administrative permit for a comprehensive sign plan shall not be issued unless the application complies with the standards contained in Section 18.116.035.

G.

An administrative permit for an agricultural sign shall not be issued unless the application complies with the standards contained in subsection (C) of Section 18.116.030.

H.

An administrative permit for a temporary off-site sign shall not be issued unless the application complies with the standards contained in subsection (G) of Section 18.116.030.

I.

An administrative permit for a construction trailer shall not be issued unless the application complies with the following standards:

1.

A building permit for a residential use has been issued for the property upon which the trailer will be located;

2.

The trailer is for use by the owner/builder;

3.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

4.

The trailer meets applicable county setback requirements.

J.

An administrative permit for a medical or caregiver trailer shall not be issued unless the application complies with the following standards:

1.

The property owner or occupant of the property has provided written documentation from a licensed physician indicating the property owner's or occupant's need for twenty-four-hour, in-home medical care;

2.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

3.

The trailer meets applicable county setback requirements.

K.

An administrative permit for an office trailer shall not be issued unless the application complies with the following standards:

1.

A use permit has been granted for the property upon which the trailer will be located and a building permit for the office is either in process for issuance or has been issued;

2.

The trailer will be used during the daytime for business purposes only and no overnight lodging will occur;

3.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

4.

The trailer meets applicable county setback requirements.

L.

An administrative permit for a watchman trailer shall not be issued unless the application complies with the following standards:

1.

A use permit has been granted and a building permit (if required) is either in process for issuance or has been issued for the property upon which the trailer will be located;

2.

There is a need for security on-site because the property is located in an isolated area or there is a risk of theft, vandalism, burglary, or unauthorized entry upon the property;

3.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

4.

The trailer meets applicable county setback requirements.

M.

Except as provided in Section 18.104.295, a permit for a farm labor trailer shall not be issued unless the application complies with the following standards:

1.

A use permit has been granted for the property upon which the trailer will be located;

A building permit for a permanent structure is either in process for issuance or has been issued;

3.

There is a demonstrated need for a temporary trailer to be onsite prior to completion of construction of the permanent structure;

4.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

5.

The trailer meets applicable county setback requirements.

N.

An extension of time for an administrative permit for any temporary trailer shall not be issued unless the director determines that the original findings identified in Section 18.126.060 have not changed.

O.

A permit for hot air balloon launchings shall not be issued unless the application complies with the following standards:

1.

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 property owners or residents of any off-site residences within five hundred feet stating that they have no objection to the proposed launch site;

2.

The permittee has submitted a signed statement which acknowledges that the permittee: (a) has read the county's adopted code of conduct; (b) agrees that all users of the launch site will be bound by the county's adopted code of conduct; and (c) 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;

3.

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;

4.

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

5.

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

6.

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;

7.

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: (a) submitted on a form provided by the planning department for verification; and (b) submitted by a property owner or resident who has certified that the permittee or a balloon operator using the launch site has landed on the property owner's or resident's property without permission; and

8.

Notice of the tentative approval of a hot air balloon launching site pursuant to this chapter shall be given by the director of planning in accordance with subsection (B)(4) of Section 18.136.040. All notices under this section shall inform the persons notified of their right to appeal the decision under Section 18.126.060, including the time within which any such appeal must be filed.

P.

An administrative permit for agriculture association signs and American viticulture area signs shall not be issued unless the application complies with the standards contained in subsection (F) of Section 18.116.030.

Q.

(Reserved.)

R.

An administrative permit for off-site sign(s) identifying a hospital with emergency room facilities shall not be issued unless the application and proposed signage complies with the standards contained in subsection (H) of Section 18.116.030.

S.

An administrative permit for a cottage food operation shall not be issued unless the application complies with all of the standards contained in Section 18.104.095.

(Ord. 1308 § 3, 2008: Ord. 1276 § 4, 2006: Ord. 1272 § 3, 2006: Ord. 1206 § 1 (part), 2002)

(Ord. No. 1360, § 3, 6-28-2011, eff. 7-28-2011; Ord. No. 1349, § 3, 10-26-2010, eff. 12-26-2010; Ord. No. 1323, § 31, 6-23-2009; Ord. No. 1370, § 51, 3-20-2012; Ord. No. 1380, § 5, 2-26-2013, eff. 3-28-2013; Ord. No. 1381, § 4, 3-12-2013, eff. 4-11-2013)

A winery operating under a use permit, or other entitlement consistent with this Title, may make the following additions, modifications, or changes to winery structures or operations through issuance of an administrative permit under this chapter, provided: (1) the additions, modifications, or changes are not otherwise subject to a discretionary permit under this Title; (2) the landowner complies with all other requirements of the County Code; (3) the landowner obtains any and all permits required by state law or the County Code, including without limitation, any building permits, environmental health permits, or storm water discharge permits; (4) the property is not located on a site that is included on any list of hazardous waste sites compiled pursuant to Government Code Section 65962.5; and (5) the proposed additions, modifications, or changes are not located within environmentally sensitive areas:

A.

Any interior remodel or changes to structures, provided the accessory-to-production ratio remains consistent with the requirements of Section 18.104.200 of this code;

B.

Additions of outdoor shade structures over areas previously approved for winery use not exceeding a cumulative total of 2,500 square feet in floor area, provided the accessory-to-production ratio remains consistent with the requirements of 18.104.200 of this code;

C.

Additions of charging stations for electric vehicles;

D.

Additions of systems to process, distribute, and/or store recycled water;

E.

Additions of enclosures for trash receptacles;

F.

Additions of covers over previously approved crush pads;

G.

Changes or additions to plumbing, diverters, drains or other mechanisms for storm water control, consistent with Chapter 16.28 of this code;

H.

Changes to or additions of permanent tanks within previously approved winery development areas, provided no increase in production is allowed;

I.

Additions of bicycle facilities, including but not limited to bicycle racks;

J.

Use of a temporary trailer during construction occurring on the property, consistent with the requirements of section 18.126.060(K);

K.

Change in the occupancy of a winery cave, permitted pursuant to Chapter 15.12 of the County Code and the California Building Code, provided the cave use remains consistent with the requirements of Section 18.104.200 and the change does not include an increase in visitation or marketing;

L.

Installation of water system improvements or connection to municipal water service, consistent with any required approval by any local water agency and/or the Local Agency Formation Commission, and provided there is no increase in water use or groundwater demand;

M.

Installation of waste water improvements or changes from off-site disposal to on-site treatment or disposal, subject to the requirements of Title 13 of this code and any applicable state laws or regulations, provided there is no increase in waste water generation or treatment capacity;

N.

A change to hours of operation between the hours of 9:00 a.m. and 6:00 p.m.;

O.

Removal of existing conditions of approval regarding custom crush facilities;

P.

An extension of use permit expiration time, subject to the limitations set forth in section 18.124.080;

Q.

Designation of the location of on-site wine consumption, consistent with Section 23358 of the Business and Professions Code, within the existing winery development area, provided the location is not within five hundred feet from the nearest off-site residence and there is no increase in visitation or marketing;

R.

Change in the number of parking spaces or the alignment of internal roads and driveways, provided there is no cumulative increase in paved or impervious ground surface area beyond twenty-five percent of the subject parcel or fifteen acres, whichever is less;

S.

Additions of landscaping or modifications to existing landscaping, consistent with Chapter 18.118 of this code, provided there is no increase in groundwater use;

T.

Expansions or improvements to permitted food service facilities, or additions of low- or medium-risk kitchens where food service (i.e., catering) has been previously approved, provided there is no increase in visitation or

marketing; and

U.

Increases or changes in building square footage by no more than ten percent, not to exceed 2,500 square feet.

(Ord. No. 1455, § 5, 2-4-2020)

A.

A permit for a construction trailer, farm labor trailer, medical or caregiver trailer, office trailer or watchman trailer shall be valid for one year from the date of issuance. Upon expiration of the permit, the trailer shall be immediately removed from the property. A permittee with a valid permit for a temporary trailer may, at least thirty days prior to expiration of the permit, apply for a one-year extension of said permit in the same manner and according to the same procedures as herein provided for issuance of the original permit. An application for renewal shall be accompanied by a fee in the amount established by resolution of the board of supervisors.

B.

Except as provided in subsection (A) or (C) of this section, all other administrative permits issued pursuant to this chapter shall be valid for an indefinite period of time unless otherwise indicated.

C.

A permit for a hot air balloon launching site shall be valid from the date of issuance until the permit is revoked. A permit may be revoked or suspended by the zoning administrator upon ten days prior notice to the permittee of a hearing before the zoning administrator for a violation of any of the standards contained in subsection (O) of Section 18.126.060 or if the continued use of the property for hot air balloon launchings will be injurious to the public health, safety or welfare and/or if the permittee or a balloon operator using the permittee's site is no longer in good standing with the county as defined in subsection (G) of Section 18.104.400.

(Ord. 1304 § 2, 2008: Ord. 1276 § 5, 2006: Ord. 1206 § 1 (part), 2002)

Chapter 18.128 - VARIANCES

A variance from the terms of the zoning district regulations may be granted by the zoning administrator or by the commission, subject to the provisions of this chapter. The zoning administrator may hear variances from the terms of this title, excepting therefrom variances from the terms of the Conservation Regulations as set forth in Chapter 18.108 and variances associated with use permits, parcel maps and other approvals requiring action by the commission. Subject to the provisions of this chapter and to the limitations of state law, the commission may hear any variance from the terms of this title.

(Ord. 511 § 1 (part), 1976: prior code § 12820)

(Ord. No. 1370, § 52, 3-20-2012)

Application for a variance shall be made in writing on a form prescribed by the director, and shall be accompanied by plans, elevations and other appropriate information, including graphic depictions necessary to show the grounds for the granting of a variance.

(Ord. 511 § 1 (part), 1976: prior code § 12821)

• (Ord. No. 1370, § 53, 3-20-2012)

An application for a variance shall be accompanied by that fee established by resolution of the board of supervisors.

(Ord. 906 § 44, 1989: Ord. 837 § 50, 1987: Ord. 511 § 1 (part), 1976: prior code § 12822)

The zoning administrator or the commission shall hold a public hearing on each application for a variance. Notice of the hearing shall be given in accordance with Section 18.136.040. The public hearing shall be conducted in conformity with procedures established by the designated decision maker. The applicant shall bear the burden of proof in establishing facts supporting the applicant's eligibility for grant of variance. Any party may appear in person or be represented by an attorney or agent.

(Ord. 511 § 1 (part), 1976: prior code § 12823)

(Ord. No. 1370, § 54, 3-20-2012)

A.

Any variance granted shall be subject to such conditions as shall assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated.

B.

Any variance granted may be subject to conditions specifically set forth in the variance including, without limitations, conditions governing all the matters set forth in Section 18.124.060 with respect to use permits.

(Ord. 511 § 1 (part), 1976: prior code § 12824)

A.

Before issuing a variance, the zoning administrator or the commission shall make the following written findings:

1.

That the procedural requirements set forth in this chapter have been met;

2.

Special circumstances exist applicable to the property, including size, shape, topography, location or surroundings, because of which strict application of the zoning district regulations deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

3.

Grant of the variance is necessary for the preservation and enjoyment of substantial property rights;

4.

Grant of the variance will not adversely affect the public health, safety or welfare of the County of Napa;

5.

That, in the case of groundwater basins identified as "groundwater deficient areas" under Section 13.15.010, grant of the variance would not require a new water system or improvement, or utilize an existing water system or improvement causing significant adverse effects, either individually or cumulatively, on said groundwater basins in Napa County, unless that variance would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code;

6.

That, in the case of other groundwater basins, or areas which do not overlay an identified groundwater basin, where grant of the variance cannot satisfy the criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080, substantial evidence has not been presented demonstrating that grant of the variance might cause a significant adverse affect on any underlying groundwater basin or area which does not overlay an identified groundwater basin;

7.

In the case of a development or improvement with a reasonably foreseeable connection to a public water supply as defined in 13.15.010, regardless of the number of parcels served, grant of the variance would not require a new water system or utilize an existing water system necessitating a groundwater permit pursuant to Chapter 13.15. This finding shall not be required if the applicant presents substantial evidence demonstrating that grant of the variance for such development or improvement would not have a significant adverse effect on the underlying groundwater basin; or if that variance would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code.

B.

If the proposed variance is for the purpose of permitting the creation of one or more parcels that will be less than the minimum parcel size established by subsection (A) of Section 18.104.010, the commission shall approve the requested variance only if it makes the following additional written findings:

1.

The parcel(s) proposed to be created will be less than the minimum size established by the underlying zoning district regulations;

2.

The parcels proposed to be created result from a parcel being bisected by a county road as a result of a countyinitiated realignment of an existing public road; and

The primary purpose of that realignment is to correct or eliminate a documented hazardous condition.

C.

Except as provided in subsection (B), variances of the minimum parcel size are not permitted.

(Ord. 1230 § 7, 2003: Ord. 1162 § 7(d), 1999: Ord. 901 § 1, 1988: Ord. 511 § 1 (part), 1976: prior code § 12825)

(Ord. No. 1370, § 55, 3-20-2012)

If a variance is granted, the director shall within thirty calendar days of such approval notify the Napa County assessor of the approval.

(Ord. 867 § 22 (part), 1976: prior code § 12825.5)

A variance shall not be granted for a parcel of property which authorizes a use or activity which is not authorized by zoning district regulations governing the parcel of property.

(Ord. 511 § 1 (part), 1976: prior code § 12826)

The commission may revoke any variance upon a finding by the commission that the conditions set forth in the variance have been violated. The commission may make such a finding only after a public hearing, upon notice given in accordance with Section 18.136.040.

(Ord. 511 § 1 (part), 1976: prior code § 12827)

Chapter 18.132 - LEGAL NONCONFORMITIES*

Within the zoning districts established by this title, as it may be amended, there exist lots, structures and uses which were legal prior to the effective date of the provisions codified in this title or future amendments thereof, but which would be prohibited, regulated or restricted by the terms of such provisions on the effective date thereof. Such lots, structures and uses are herein called "legal nonconformities." Legal nonconformities may be continued notwithstanding the prohibition, regulation or restriction of those provisions subject to the provisions of this chapter or, in the case of signs, the provisions of Chapter 18.116.

(Ord. 943 § 3 (part), 1990: prior code § 12850)

In any district in which a single-family dwelling is a permitted use, a single-family dwelling and accessory buildings may be constructed on any legally created lot notwithstanding that such lot may have become substandard by the later imposition of minimum width or minimum area regulations which it does not meet as long as such construction complies with all state and federal laws and regulations and all other regulations of this code.

(Ord. 943 § 3 (part), 1990: prior code § 12851)

A legal nonconformity may continue notwithstanding any other provisions of this title and may be repaired, maintained, restored, rebuilt following destruction regardless of the extent of the destruction, rehabilitated, remodeled, redesigned or rearranged as long as all of the following conditions are observed:

A.

The repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement does not enlarge, increase or extend the area of land occupied by the legal nonconformity or cubic content of any structures involved or the square footage of any structure other than a primary residence: does not relocate the legal nonconformity from the location it occupied on the date it first became a legal nonconformity; does not result in the construction of any additional structures, other than those otherwise permitted by the code, on the parcel or parcels occupied by the legal nonconformity; and does not increase the degree of the nonconformity as to volume of business or production, hours of operation, volume of traffic generated, or volume of waste produced or natural resources consumed. Notwithstanding the above, minor expansions of structures as determined by the director may be allowed for (i) accessory storage use added after November 1, 2008 and constituting no more than five hundred square feet of surface area cumulatively, and only for those legal nonconforming parcels in existence on July 1, 1993 which were used primarily for restaurant operations, (ii) uses solely to meet the minimum requirements of the Americans with Disabilities Act (ADA) requirements (such as adding access ramps or ADA compliant restroom facilities), and (iii) minor relocations of structures may occur where such movement decreases the nonconformity in questions (such as moving a structure further outside of a required setback).

B.

The legal nonconformity has not been determined by the director, the board of supervisors, the district attorney, or any other governmental official authorized by law to do so, to be conducted in such a manner as to constitute a public nuisance as defined in Penal Code Section 370 or any future amendment thereof;

C.

A certificate of the present extent of the legal nonconformity is obtained in accordance with Section 18.132.050 prior to application for any building or other permits required in connection with the repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement of the legal nonconformity;

D.

The legal nonconformity has not lost its legal nonconforming status through abandonment as defined in Section 18.132.040.

(Ord. 1316 § 1, 2009: Ord. 1268 § 14, 2005: Ord. 1038 § 1, 1993; Ord. 943 § 3 (part), 1990: prior code § 12852) (Ord. No. 1370, § 56, 3-20-2012)

18.132.040 - Loss of legal nonconforming status.

A legal nonconformity or portion thereof shall lose that status and thereafter the land and all structures involved therein shall be used only in conformity with the regulations then in effect for the zoning district where the legal nonconformity is located if either of the following occurs:

A.

The legal nonconformity or portion thereof has been determined by the director, the board of supervisors, the district attorney, or any other governmental official authorized by law to do so, to be conducted in such a manner as to constitute a public nuisance as defined in Penal Code Section 370 or any future amendment thereof and such nuisance has not been abated by the owner within the period prescribed by such officials, entities or the courts pursuant to administrative or judicial abatement proceedings;

B.

The legal nonconformity or portion thereof has been voluntarily abandoned. For purposes of this subsection, "voluntary abandonment" shall mean cessation of the use or portion thereof for six consecutive months or twelve nonconsecutive months in any two-year period or, if the use is seasonal, for more than one season; except, that if the cessation is caused by the destruction in whole or in part of conforming or legal nonconforming facilities or structures which are essential to continuation of the use, and that destruction is by fire, lightning, riot, explosion, earthquake, accident, or any Act of God other than by a flood occurring within a floodway as defined in Title 16, then the use shall be deemed voluntarily abandoned only if not recommenced within two years of the date of the destruction if no building permit is required to repair the structure or facility, or within two years of final inspection if a building permit is required for repair of the facility or structure and such permit is obtained within one year of the date of the destruction.

(Ord. 1082 § 13, 1995; Ord. 943 § 3 (part), 1990: prior code § 12853)

18.132.050 - Certificate of present extent of legal nonconformity—Application—Procedure.

A.

The owner of a legal nonconformity:

1.

At any time may apply for a certificate determining the present extent of the legal nonconformity; or

2.

Upon notification by the director in the event of a dispute over voluntary abandonment, entitlement to issuance of a building or other permit, or intensity and/or scope of the nonconformity, shall apply for a certificate determining the present extent of the legal nonconformity.

B.

Such application shall be filed with the department in the form prescribed by the department, and shall be accompanied by that fee adopted by resolution of the board of supervisors.

C.

In the capacity as zoning administrator, the director shall hold a public hearing to determine the present extent of the legal nonconformity. Such hearing shall be held in accordance with the procedures set forth in Section 18.124.040. The owner shall have the burden of proof to establish the original legal nonconforming status of the use, structure or combination thereof; the extent of any repair, maintenance, restoration, rebuilding, rehabilitation, remodeling, redesign or rearrangement which has occurred which conforms to the standards set forth in Section 18.132.030; and the extent of any voluntary abandonment of the legal nonconformity since originally established.

For residential projects, the public hearing may be waived and the director is authorized to render an administrative decision if, after providing notice of the intended decision and right to request a public hearing to property owners within one thousand feet of the project parcel, the director finds that no member of the public has requested said hearing, and that no additional information is required to render a decision.

2.

For residential projects, where the sole question raised is the existence of a residential structure within required yards, road setbacks, or stream setbacks, the director is authorized to render an administrative decision without notice or public hearing if the director finds that no additional information is required to render a decision.

D.

At the conclusion of the hearing, the zoning administrator shall determine the present extent of the legal nonconformity and issue a certificate setting forth such determination.

E.

The determination of the zoning administrator may be appealed to the board of supervisors in accordance with the procedures set forth in Chapter 2.88.

F.

Within thirty calendar days of issuance of the certificate or, in the event of appeal, within thirty calendar days of the final decision of the board of supervisors on appeal, the zoning administrator shall file a true and correct copy of the certificate with the Napa County assessor.

G.

The procedure set forth in this section shall also be used to determine the present extent of those certain winery and winery-related uses permitted without a use permit pursuant to subsection (G) of Section 18.16.020 or subsection (H) of Section 18.20.020. For purposes of such determination, all references in this section to "legal nonconformity" shall be replaced by the term "uses permitted pursuant to subsection (G) of Section 18.16.020 or subsection (H) of Section 18.20.020.

(Ord. 1260 § 6, 2005: Ord. 981 § 55, 1991; Ord. 943 § 3 (part), 1990: prior code § 12854)

(Ord. No. 1370, § 57, 3-20-2012; Ord. No. 1395, § 6, 12-16-2014)

18.132.060 - Atlas Peak fire.

Notwithstanding any other provisions of this chapter, any legal nonconformity that was destroyed, substantially damaged or discontinued as a consequence of the Atlas Peak fire of June 1981 may, if such legal nonconformity was otherwise legal, be repaired, rebuilt, restored or recommenced at any time provided that such legal nonconformity has not been voluntarily abandoned as defined in this chapter except as to time elapsed since the fire, or is not enlarged in scope, size or extent as a consequence of such repair, replacement, rebuilding, restoration or recommencement.

(Ord. 943 § 3 (part), 1990: prior code § 12855)

18.132.061 - Outdoor dining exception—Site plan approval required.

A.

Notwithstanding any provision in this chapter to the contrary, any restaurant located immediately adjacent to Highway 29, on a parcel of land which is contiguous to an incorporated city, may use any existing outdoor porch or patio areas for seating and service of restaurant patrons at not more than twenty

additional tables with not more than eighty additional seats on such porch or patio area in addition to any limits on indoor dining, and may enclose an area not greater than five hundred square feet attached to the restaurant building for the storage of restaurant supplies.

B.

Notwithstanding subparagraph (A), the uses permitted by this section are not authorized until a site plan application has been filed and the uses approved by the director in the manner set forth in Chapter 18.140 of the Napa County Code. Said site plan application, in addition to all other requirements set forth in Chapter 18.140, must include one parking space for each one hundred twenty feet of area utilized for the seating and service of restaurant patrons, including but not limited to any existing outdoor porch or patio areas.

(Ord. 94-1 § 1, 1994: Ord. 1076 § 1, 1994)

18.132.065 - Napa County Landmarks of Special Significance—Use and continuance.

Notwithstanding any provision in this chapter to the contrary, Landmarks of Special Significance listed in subsection (C) of Section 15.52.035 may be reused for their historic uses as set forth in subsection (E) of Section 15.52.040 subject to the procedures and findings in Chapter 18.124 and the findings in Section 18.104.430.

(Ord. No. 1367, § 10, 12-6-2011)

Editor's note— Ord. No. 1381, § 5, adopted March 12, 2013 and effective April 11, 2013, repealed § 18.132.070, which pertained to amortization of certain nonconformities and derived from Ord. No. 1349, § 4, adopted Oct. 26, 2010 and effective Dec. 26, 2010.

Chapter 18.134 - REQUESTS FOR REASONABLE ACCOMMODATIONS UNDER THE FAIR HOUSING ACTS

This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts) in the application of zoning laws and other land use regulations, policies and procedures.

(Ord. 1250 § 1 (part), 2005)

A request for reasonable accommodation may be made by any person with a disability, or by a representative acting on behalf of a person or persons with disabilities, to provide or secure equal access to housing, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities; anyone who is regarded as having such impairment; or anyone

who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability with equal opportunity to housing of their choice.

(Ord. 1250 § 1 (part), 2005)

(Ord. No. 1495, § 53, 9-24-2024)

An individual can make a reasonable accommodation or modification request either orally or in writing, or through a representative. The request for an exception, change, or adjustment to a practice, or a modification to an existing housing accommodation because of a disability can be made regardless of whether the phrase "reasonable accommodation" or "reasonable modification" is used as part of the request. A request for a reasonable accommodation or reasonable modification may be made at any time, including during the inquiry or application process, before purchase or lease, while seeking or enjoying a housing opportunity, during the tenancy or occupancy of a housing accommodation, during litigation, at or after trial, and after judgment in appropriate circumstances.

(Ord. 1250 § 1 (part), 2005)

(Ord. No. 1495, § 54, 9-24-2024)

18.134.040 - Request review.

A.

Upon receiving a request, the director or designee shall meet with the individual with a disability or their representative. The meeting shall provide an exchange of information to identify, evaluate, and implement a reasonable accommodation or modification that allows the individual with a disability equal opportunity to use and enjoy the dwelling or housing opportunity.

B.

If the director or designee believes they do not have sufficient information to establish either that a disability exists or the nature of the disability-related need for the accommodation or modification, or if the nexus between the disability and the requested accommodation or modification is not clear, then the director or designee shall seek clarification or additional information (pursuant to California Code of Regulations, Title 2, Section 12178) from the individual or their representative.

C.

A request cannot be denied for lack of information without first requesting the clarification or additional information and providing a reasonable opportunity for the individual requesting the accommodation to provide it.

(Ord. 1250 § 1 (part), 2005)

(Ord. No. 1495, § 55, 9-24-2024)

A.

Findings. The written decision to grant, grant with modifications or deny a request for reasonable accommodation will be consistent with the Acts. A reasonable accommodation may be denied only if one of the following findings can be made:

1.

The housing which is the subject of the request will not be used by an individual or group of individuals considered disabled under the Acts.

2.

There is no nexus between the disability and the requested accommodation or modification.

3.

The requested accommodation would constitute a fundamental alteration of the land use regulations of the county. A requested accommodation or modification would change the essential nature of the county's land use regulations;

4.

The requested accommodation would impose an undue financial and administrative burden on the County;

B.

Conditions of Approval. In granting a request for reasonable accommodation, the director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required in subsection (A) of this section.

(Ord. 1250 § 1 (part), 2005)

(Ord. No. 1495, § 56, 9-24-2024)

The sole means of reviewing the decision of the approving authority (planning director or other body) to grant, grant with modifications, or deny a request for reasonable accommodation is by filing an appeal in the manner set forth in Chapter 2.88 of this code (commencing with Section 2.88.010), except that no appeal shall be made from a decision of the board of supervisors.

(Ord. 1250 § 1 (part), 2005)