Chapter 18.20 — AW AGRICULTURAL WATERSHED DISTRICT

The AW district classification is intended to be applied in those areas of the county where the predominant use is agriculturally oriented, where watershed areas, reservoirs and floodplain tributaries are located, where development would adversely impact on all such uses, and where the protection of agriculture, watersheds and floodplain tributaries from fire, pollution and erosion is essential to the general health, safety and welfare.

(Ord. 538 § 4, 1977: prior code § 12230)

18.20.020 - Uses allowed without a use permit.

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

A.

Agriculture;

B.

One single-family dwelling unit per legal lot;

C.

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

D.

Residential care facilities (small);

E.

Family day care homes (small);

F.

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

G.

One guest cottage, provided that all of the conditions set forth in Section 18.104.080 are met;

H.

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

I.

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

J.

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

K.

Minor antennas meeting the requirements of Sections 18.119.240 through 18.119.260;

L.

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

M.

Hunting clubs (small) as defined in Chapter 18.08;

N.

Overnight lodging in public parks or in structures, at the density and intensity of use (number of units) lawfully developed for such purpose prior to October 13, 1977, provided that such use has a currently-valid certificate of the extent of legal nonconformity pursuant to Section 18.132.050;

O.

Any recreational vehicle park or campground and their accessory and related uses which have been authorized by use permit and used in a manner set forth in Section 18.124.080 or any predecessor section; provided that no expansion of uses or structures beyond those which were specifically authorized by a use permit or modification of a use permit issued prior to May 10, 1996, shall be permitted except as may be authorized by a subsequent permit issued pursuant to this title;

P.

Floating dock which complies with all of the following:

1.

Is accessory to a residential or agricultural use otherwise permitted by this chapter without a use permit,

2.

Any portion located on a navigable waterway is determined by the Napa County Flood Control and Water Conservation District engineer to not obstruct seasonal flood flows, and

3.

In operation is located adjacent and parallel to, and does not exceed in length the water frontage of the legal parcel or contiguous legal parcels owned by the owner of the floating dock;

Q.

Maintenance and emergency repairs of legally-created levees, subject to compliance with Chapter 16.04 of this code;

R.

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

S.

Quasi-private recreation uses and facilities, as defined in Section 18.08.494, conforming to the standards in Section 18.104.350, and provided that they do not adversely impact adjacent agriculture.

T.

Grading and paving contractors, including offices, equipment storage and repair, and materials storage, so long as the following conditions are met:

1.

The grading and paving business has been conducted in the same location since July 1, 1968 or earlier;

2.

The number of buildings used for the grading and paving business, and the total square footage of the building used for the grading and paving business, does not exceed that in existence as of January 1, 2015;

3.

The days and hours of operation of the grading and paving business do not exceed the average of the years 2013 through 2015;

4.

The grading and paving business is located within one mile of the city limits of an incorporated city;

5.

The grading and paving business is located on a parcel no smaller than five acres and no larger than ten acres;

6.

Uncovered storage areas shall be screened from pre-existing residences on adjacent parcels. Screening shall generally consist of evergreen landscape buffers and fences;

7.

All exterior lighting, including landscape lighting, shall be shielded and directed downward, located as low to the ground as possible, and the minimum necessary for security, safety, or operations.

U.

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

(Ord. No. 1326, § 6, 9-22-2009; Ord. No. 1323, § 7, 6-23-2009; Ord. 1144 § 2, 1998; Ord. 1105 § 4, 1996; Ord. 1097 § 14, 1996; Ord. 947 § 13, 1990: Ord. 900 § 2, 1988; Ord. 867 § 11, 1988; Ord. 816 § 7, 1986; Ord. 815 § 5,

1986; Ord. 784 § 1, 1984; Ord. 629 § 3, 1980: Ord. 538 § 4, 1977: prior code § 12231)

(Ord. No. 1427, § 5, 3-16-2018; Ord. No. 1495, § 20, 9-24-2024)

18.20.030 - Uses permitted upon grant of a use permit.

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

A.

Parks and rural recreation uses and facilities as defined in Chapter 18.08, conforming to the standards in Chapter 18.104;

B.

Farmworker housing and seasonal farmworker centers conforming to Section 18.104.300 or 18.104.310, unless exempt from a use permit requirement under subsection (R) of Section 18.20.020;

C.

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

D.

Kennels, horse boarding and/or training stables, veterinary facilities, and wildlife rescue centers;

E.

Feed lots;

F.

Sanitary landfill sites;

G.

Noncommercial wind energy and conversion systems;

H.

Wineries, as defined in Section 18.08.640;

I.

The following uses in connection with a winery:

1.

Crushing of grapes outside or within a structure,

2

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

Aging, processing and storage of wine in bulk,

4.

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

5.

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

a.

Office and laboratory uses,

b.

Marketing of wine as defined in Section 18.08.370,

c.

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

J.

The following uses, when accessory to a winery:

1.

Tours and tastings, as defined in Section 18.08.620,

2.

Display, but not sale, of art,

3.

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

4.

Sale of wine-related products,

5.

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

K.

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

L.

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

M.

Campgrounds on public lands conforming to the standards in Chapter 18.104;

N.

Hunting clubs (large) as defined in Chapter 18.08 and subject to the standards in Chapter 18.104;

O.

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

P.

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

Q.

Residential care facilities (medium and large).

(Ord. 1285 § 3, 2006: Ord. 1275 § 2, 2006: Ord. 1246 § 7, 2004: Ord. 1105 §§ 5, 6, 1996; Ord. 1101 § 6, 1996; Ord. 1097 § 15, 1996; Ord. 1040 § 6, 1993; Ord. 947 § 14, 1990: Ord. 757 § 4, 1983; Ord. 538 § 4, 1977: prior code § 12232)

(Ord. No. 1323, § 8, 6-23-2009; Ord. No. 1326, § 7, 9-22-2009; Ord. No. 1340, § 4, 5-11-2010; Ord. No. 1370, § 13, 3-20-2012; Ord. No. 1420, § 3, 5-9-2017; Ord. No. 1495, § 21, 9-24-2024)

18.20.040 - Other regulations applicable.

The regulations shown for AW districts in the Schedule of Zoning District Regulations, Section 18.104.010 shall apply to each structure and to each use of land within the agricultural watershed district.

(Ord. 1194 § 11, 2002: Ord. 538 § 4, 1977: prior code § 12233)

Chapter 18.24 - AV AIRPORT DISTRICT

18.24.010 - Intent of classification—Areas suitable for airport use—Characteristics.

The intent of the AV classification is to provide areas consistent with the general plan that:

A.

Provide sites in public and private ownership for the operation of airports and for the location of aircraft-servicing facilities;

B.

Permit other uses not detrimental to or detrimentally affected by an environment devoted to air transportation and aircraft servicing;

C.

Authorize reasonable conditions for the control and suppression of objectionable phenomena, environmental impacts including excessive sound and air pollution;

D.

Apply development standards that contribute to air traffic safety;

E.

Provide reasonable protection for public safety and nearby residences;

F.

Provide sites that have favorable location characteristics such as:

1.

Access to road network and railway network if needed,

2.

Freedom from hazardous obstructions such as towers, stacks, spires, pole lines, trees, canals, ditches, nearby cliffs or mountains, which may impair visibility in the airport vicinity, cause pilot objections and landings and takeoffs not utilizing the full runway length,

3.

Freedom from activities that may create electrical, electronic or radio interference with air navigation aides or radio communications between the airport and aircraft,

4.

Freedom from objects on the ground that emanate light that may make it difficult for flyers to distinguish between airport lights and other lights and cause pilots to become disoriented or otherwise confused; including, but not limited to, floodlights, traffic signals, automobiles facing an airport runway and objects on the ground that can reflect the light of the sun into the eyes of a pilot,

5.

Freedom from unfavorable meteorological conditions that could restrict the operational use of the facility such as wind, rainfall, fog, snow and frost which should be considered singly and in combination,

Availability of desired wind information and satisfactory conditions such as intensity and direction of prevailing wind, air approaches, glide angles, intensity, duration, frequency and season of occurrence of storm winds, and local peculiarities of winds such as down drafts, turbulence caused by nearby hills and any pronounced differences between day and night winds,

7.

Freedom from activity that would otherwise endanger the landing, take-off or maneuvering of aircraft.

G.

Provide review of the Napa County airport master plan and revisions thereto in conformance with the requirements of state law.

H.

Provide review of facilities associated with Parrett Field (Angwin Airport) in accordance with the requirements of state law.

(Ord. 1035 § 1, 1993: Ord. 565 § 3 (part), 1978: prior code § 12240)

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

A.

Agriculture;

B.

The following uses at the Napa County airport, when in conformance with the airport master plan approved on December 1, 1976, and as amended by the county:

1.

Paved runways, taxiways and parking aprons,

2.

Lighting, (radar and radio) navigation and communication facilities,

3.

Hangars for aircraft storage, service, and repair,

4.

Limited passenger and freight terminal facilities within the existing airport terminal,

5.

Aircraft rentals and charter services,

Avionics sales, service and repair,

7.

Aircraft upholstery services,

8.

Aviation insurance services,

9.

Aircraft maintenance and repair services,

10.

Emergency fire protection and crash/fire/rescue services;

C.

The following uses at Parrett Field (Angwin Airport) when in conformance with the airport layout plan included in the Napa County airport land use compatibility plan approved on April 22, 1991, and as duly amended thereafter:

1.

Paved runways, taxiways and parking aprons;

2.

Lighting, (radar and radio) navigation and communication facilities;

3.

Hangars for aircraft storage, service and repair;

4.

Aircraft rentals and charter services;

5.

Aircraft maintenance and repair services;

6.

Emergency fire protection and crash/fire/rescue services;

D.

Minor antennas meeting the requirements of Sections 18.119.240 through 18.119.260;

E.

Telecommunication facilities, other than satellite earth stations, that meet the performance standards specified in Section 18.119.200, provided that prior to issuance of any building permit, or the commencement of the use if no

building permit is required, the director or his/her designee has issued a site plan approval pursuant to Chapter 18.140.

(Ord. 1097 § 16, 1996; Ord. 1014 § 5, 1992: Ord. 1035 § 2, 1993: Ord. 565 § 3 (part), 1978: prior code § 12241)

18.24.030 - Uses permitted upon grant of a use permit.

The following uses shall be permitted in all AV districts upon grant of a use permit pursuant to Section 18.124.010:

A.

Airports;

B.

Aircraft manufacturing and painting;

C.

Aircraft fueling facilities;

D.

Commercial and service structures and uses at Napa County Airport, related to aviation or the functioning of that facility:

1.

Aviation schools, flight instruction and flying clubs;

2.

Aerial survey mapping and photography services,

3.

Retail sales (not to exceed five hundred square feet per shop or lease area) within passenger terminal building,

4.

Administration or business offices related to aviation,

5.

Aerial advertising services,

6.

Aerial agricultural chemical application services,

7.

Air patrol firefighting and suppression services,

Scheduled air passenger and freight services,

9.

Car rental services;

E.

The following structures and uses at Parrett Field (Angwin Airport) related to a public use airport open for general aviation:

1.

Aviation schools, flight instruction, and flying clubs;

2.

Administrative or business offices related to general aviation activities or aircraft based at Parrett Field;

F.

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

G.

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

H.

Commercial renewable energy facilities.

(Ord. 1097 § 17, 1996; Ord. 1035 § 3, 1993: Ord. 1014 § 6, 1992: Ord. 565 § 3 (part), 1978: prior code § 12242)

(Ord. No. 1453, § 2, 1-28-2020)

18.24.040 - Other regulations applicable.

A.

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

B.

Uses conducted in accordance with an adopted Airport Master Plan or Airport Layout Plan shall not be subject to the requirements of this chapter.

(Ord. 565 § 3 (part), 1978: prior code § 12243)

(Ord. No. 1370, § 14, 3-20-2012)

18.24.050 - Review of airport facilities plans.

A.

Napa Airport master plan revisions or amendments recommended to the board of supervisors shall be submitted to the Napa County airport land use commission for review prior to adoption, according to the requirements of Public Utilities Code Section 21676(c).

B.

Revisions or amendments to airport facilities permitted at Parrett Field (Angwin Airport) shall be submitted to the Napa County airport land use commission for review prior to final approval, according to the requirements of Public Utilities Code Section 21676(c).

(Ord. 1104 § 16, 1996; Ord. 1035 § 4, 1993)

Chapter 18.26 - (RESERVED)

Editor's note— Ord. No. 1370, § 15, adopted March 20, 2012, repealed Ch. 18.26, which pertained to GC General Commercial District and derived from Prior Code, §§ 12245—12248.2; Ord. No. 938, § 3 (part), adopted 1989 and Ord. No. 1097, §§ 18, 19, adopted 1996.

Chapter 18.28 - CL COMMERCIAL LIMITED DISTRICT*

18.28.010 - Intent of classification—Eligible property—Characteristics.

A.

The intent of the CL district classification is to establish areas which will provide the tourist, vacationer and highway traveler with needed uses and services.

B.

Only property designated as urban in the Napa County general plan and which has frontage on a state highway, Silverado Trail, or an arterial county road or county collector road as defined in Sections 18.112.070 and 18.112.080, may be zoned to this classification. In addition, areas proposed for inclusion within the CL district shall have the following characteristics:

1.

The parcel is located at or near crossroads on relatively high traffic volume highways;

2.

Services (water and sewer) from public utilities are readily available, unless on-site water supply and sewage disposal are adequate;

3.

The development of the parcel will not create traffic hazards that cannot be mitigated;

4.

The use will not constitute or contribute to strip commercial development.

(Ord. 938 § 2, 1989: Ord. 536 § 2 (part), 1977: prior code § 12250)

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

A.

Agriculture;

B.

Minor antennas meeting the requirements of Sections 18.119.240 through 18.119.260;

C.

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

(Ord. 1097 § 20, 1996; Ord. 536 § 2 (part), 1977: prior code § 12251)

18.28.030 - Uses permitted upon grant of a use permit.

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

A.

Gasoline service stations, including minor auto repair facilities;

B.

Hotels, motels, inns and bed and breakfast establishments (defined in Section 18.08.080 and regulated by Section 18.104.050) with no more than fifty guest rooms;

C.

Restaurants, cafes, coffee shops, delicatessens, bars and taverns with no more than one hundred seats;

D.

Tourist information facility;

E.

Retail stores less than five thousand square feet in gross floor area selling groceries, candy, ice cream or alcoholic beverages; laundromat as an accessory use;

F.

Child day care centers;

G.

Wineries, located within an existing structure(s) upon an existing lot of record which is presently being commercially used for the production, processing or storage of wine and which is also located in one of those areas designated as urban on the general plan land use map;

H.

Private schools (institutional) subject to compliance with criteria specified in Section 18.104.160;

I.

Tourist and excursion transportation facilities as defined by Section 18.08.610;

J.

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

K.

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

L.

Art studios and galleries; and

M.

Commercial accessory dwelling units, provided that (i) prior to issuance of a building permit to commence construction of the dwelling units, the permittee shall record a deed restriction, in a form acceptable to county counsel, limiting in perpetuity the use of the dwelling units to occupancy by households with moderate incomes (as defined in Section 18.82.020) and below, (ii) the dwelling units are compatible with neighboring land uses, and, (iii) water, wastewater treatment, and parking is available to support the dwelling units.

(Ord. No. 1323, § 9, 6-23-2009; Ord. 1288 § 1, 2007: Ord. 1097 § 21, 1996; Ord. 938 § 3, 1989: Ord. 902 § 2, 1988; Ord. 892 § 2, 1988: Ord. 853 § 3, 1987; Ord. 816 § 8, 1986; Ord. 759 § 5, 1983; Ord. 634 § 5, 1980; Ord. 536 § 2 (part), 1977: prior code § 12252)

(Ord. No. 1456, § 7, 2-11-2020)

In the CL district:

Minimum lot area shall be one-half acre if both public water supply and public sewage facilities are available, and one acre in all other circumstances. Commercial airspace condominiums shall not be deemed to create new lots subject to the minimum lot area requirements.

(Ord. 938 § 4, 1989: Ord. 916 § 3, 1989; Ord. 536 § 2 (part), 1977: prior code § 12253)

(Ord. No. 1370, § 16, 3-20-2012)

18.28.050 - Landscaping and screening—Setbacks.

In the CL district:

A.

The required setbacks shall be landscaped as follows:

The required front yard, as established by Section 18.104.010, shall be permanently landscaped and shall include trees at a ratio of one per every thirty feet at parcel frontage.

2.

All required landscaping shall be irrigated and permanently maintained and shall include drought-tolerant plantings to maximum extent feasible.

B.

Parcels zoned commercial limited with rear or side yards adjoining residential uses or districts shall have setbacks equal to the setback of the adjoining district. These setback areas shall be landscaped with a combination of solid fencing or walls and dense evergreen hedging or trees, a minimum of six feet in height.

C.

All outdoor storage or work areas, exterior storage areas, and/or service yards shall be screened from public streets and adjacent properties with a combination of solid fencing or walls and dense evergreen hedging or trees, a minimum of six feet in height. All screening shall be permanently maintained.

(Ord. 938 § 5, 1989: prior code § 12254)

In the CL district:

All activity under use permits shall be conducted so that noise, vibration, dust, odor and all other objectionable factors shall be confined or reduced to the extent that no unreasonable annoyance or injury will result to persons residing in the vicinity.

(Ord. 938 § 6 (part), 1989: prior code § 12255(b))

In the CL district:

A.

All required parking shall be located and designed to minimize the view of parked vehicles from public streets and adjacent residential uses. Parking lots shall be landscaped at a minimum ratio of one tree per six parking spaces for double-loaded stalls and one tree per three spaces for single-loaded stalls. Parking areas shall not be located within any required setback area.

B.

All parking lots on adjacent commercial limited-zoned parcels shall be connected whenever possible to minimize the number of entryways onto public streets and highways.

C.

Parking lot lighting shall be directed onto the subject property only, so that the light source is not visible from adjacent properties or streets.

(Ord. 938 § 6 (part), 1989: prior code § 12255(c)—(e))

The regulations shown for CL districts in the Schedule of Zoning District Regulations, Section 18.104.010, shall apply to each structure and to each use of land within the commercial limited district.

(Ord. 938 § 6 (part), 1989: prior code § 12255(a))