§ 17.28

In addition to the general purposes listed in Chapter 17.02, the specific purposes of the Gasser Master Plan districts are:

A.

To develop the Gasser Master Plan site as a high quality, sustainable development capable of being phased that supports the economic, housing and public service needs of the community.

B.

To protect sensitive wetland and creek habitat areas in the district and facilitate public access to open space within and adjacent to the district and new trail connections to the Napa River Trail.

C.

To create strong linkages among uses on site, to the river and rest of the city through provision of pedestrian, bicycle and vehicle connections that will fit into the planned area-wide circulation system.

D.

To assure distinctive districts providing a sense of place within this new neighborhood by providing buildings and uses that respond to their context and complement each other in their site connections, building design and street and natural features orientation.

E.

To create Tulocay Village with a mix of residential types and densities, including affordable residential units, designed consistent with the city's residential design guidelines. A distinctive and direct main entrance leads to the neighborhood and the site layout makes the most of its unique location next to wetlands and riverfront open space. Easy, direct pedestrian and bicycle routes are incorporated within the site and to adjacent areas.

F.

To create Tulocay Place as an attractive community-and neighborhood-serving retail service district providing a pedestrian-friendly entry to the Tulocay Village residential neighborhood. Tulocay Place includes a focal point gathering place, interconnected buildings oriented to adjacent streets and a seamless interface with the residential neighborhood. East of North Drive, major community retail uses are encouraged. West of North Drive, the emphasis is towards more neighborhood-serving retail and residential mixed use or multifamily residential uses; the purpose of use permits for residential mixed use is to ensure internal use compatibility as well as compatibility with nearby residential uses.

G.

To create the Creekside district as a high quality, unified office and retail district oriented primarily to Gasser Drive but also taking advantage of Tulocay Creek and wetlands.

H.

To create South River Place as an entertainment and/or major community retail service district with uses complimentary to South Napa Marketplace, and integrated community-serving uses. Buildings are designed to orient to Gasser Drive, Hartle Court and to the district's northern wetlands as well as parking areas. The site layout encourages and includes retail buildings adjacent to Gasser Drive and Hartle Court to add value to the street and provide an attractive entryway to the River Trail. Comfortable pedestrian and bicycle connections are thoughtfully incorporated within the site, to the river and to South Napa Marketplace. Shared parking is required. (O2007 1; O2009 11)

For purposes of this chapter, these specific definitions apply:

"Development site,"

for purposes of this chapter, is a lot or a combination of lots used for proposed development; specifically excluding lots already dedicated for park or open space use or public rights-of-way. "Gasser Master Plan"

refers to the document entitled "Gasser Master Plan" accompanying the Gasser Master Plan districts zoning, including Exhibit I that includes seven pages of text and Map Exhibits 1 through 10 adopted by the City Council on December 12, 2006, pursuant to Ordinance O2006 17.

"Gasser Master Plan Design Guidelines"

refers to the document entitled "Gasser Master Plan Design Guidelines," adopted by City Council on December 12, 2006 pursuant to Resolution R2006 213.

"Gasser Master Plan Districts"

is the collective reference to all zoning districts identified in the Gasser Master Plan. Each zoning district of the Gasser Master Plan is individually identified as: South River Place District, Creekside District, Tulocay Place District and Tulocay Village District. The zoning map, as defined by Section 17.06.030 is hereby amended to incorporate the Gasser Master Plan Districts, as shown on Gasser Master Plan Exhibit "B" adopted by the City Council on December 12, 2006, pursuant to Ordinance O2006 17.

"Gasser Master Plan Final EIR"

refers to the document entitled "Gasser Master Plan Final EIR" (State Clearinghouse Number 2003032055) including all documents incorporated therein by reference, including the Gasser Master Plan Draft EIR dated December 15, 2005, the Gasser Final EIR dated August 16, 2006, an undated Errata Sheet (published in October, 2006) and a change to Hydro-5a incorporated in the Certification Resolution. The Gasser Master Plan Final EIR was certified by City Council on November 21, 2006, pursuant to Resolution R2006 193.

"Gasser Master Plan Implementation Section"

refers to the document entitled "Gasser Master Plan Implementation Section" including Conditions of Approval and a Mitigation Monitoring Program, adopted by City Council on December 12, 2006 pursuant to Resolution R2006 213.

"Gasser Master Plan Landscape Guidelines"

refers to the document entitled "Gasser Master Plan Landscape Guidelines" adopted by City Council on December 12, 2006 pursuant to Resolution R2006 213.

"Shared Parking Analysis"

refers to the July 26, 2004 memo from Mark Crane regarding "Projected Parking Demand" in the DEIR Appendix. "Trafc impacts"

are peak hour impacts of a project combined with other existing and planned uses in the Gasser Master Plan Districts when compared to the peak hour impacts of the uses approved for the Districts in the Gasser Master Plan and analyzed in the Gasser Master Plan FEIR (Table 4.3-11). (O2007 1)

(O2007 1; O2009 11; O2013-3, 5/21/13; O2014-3, 3/4/14; O2018-006, 4/3/18; O2019-001, 1/15/19)

Additional Standards—Footnotes for Table

• a. 10 to 12 feet of landscaping/street trees with a separated sidewalk; and

  • b. A 10-foot minimum/20-foot maximum building setback from the edge of sidewalk.

• (5) Entry Street and North Drive shall include:

  • a. 10 to 12 feet of landscaping/street trees and a separated sidewalk;

  • b. Building setbacks for Entry Street and building and parking setbacks for North Drive: 0-foot minimum/10-foot maximum from edge of sidewalk.

• (6) Home setbacks (not including street facing garages) may be reduced to 10 feet (from back of sidewalk) where 10 feet is provided for a curb adjacent landscape area and separated sidewalk.

Notes: See Chapter 17.52 (Site and Use Regulations) for additional regulations pertaining to creeks and watercourses, noise, outdoor storage, recycling areas, wetlands and other site development standards. See Chapter 17.56 (Exceptions) for limited adjustments to zoning standards. See Chapter 17.38 (Floodplain Management Overlay District) and Chapter 17.48 (Traffic Impact Overlay District) for standards applicable to most or all properties, and Chapter 17.36 for the :AH Affordable Housing Overlay District applicable to Tulocay Village.

(O2007 1; O2011 9, 5/17/11; O2013-11, 12/17/13; O2016-12, 9/6/16)

A.

Design Guidelines. New nonresidential and vertical mixed use development in the South River Place, Creekside and Tulocay Place Districts shall meet the Gasser Master Plan Design Guidelines. Residential development in Tulocay Village shall meet the city's residential design guidelines and address Gasser Master Plan landscape guidelines. House plans shall be part of any residential development application.

B.

Parking. On-site parking and loading shall be provided in accord with Chapter 17.54. In South River Place District, shared parking is required for the nonresidential sites; reciprocal parking easements or an equivalent mechanism approved by the city shall be required of future development. Parking demand for the South River Place District has been identified through a Shared Parking Analysis. Any variations shall require a revised shared parking analysis in accordance with Chapter 17.54.

C.

Accessory Structures. Accessory structures for residential uses shall meet standards in Chapter 17.52;

nonresidential structures shall meet standards for principal buildings. In the nonresidential districts, walks or similar types of surfaced areas constructed at grade, fences (see Chapter 17.52 standards) and signs (see Chapter 17.55, Sign Ordinance) may be located in setback areas.

D.

Screening of Trash, Outdoor Storage. See Chapter 17.52 for outdoor storage screening requirements.

E.

Rooftop Equipment. Rooftop equipment shall be screened and integrated into the building architecture. Screens shall not disproportionately increase the mass of the building.

F.

Landscaping. All planting strips, yards, setbacks and other required open space areas shall be landscaped in accordance with the Gasser Master Plan landscape guidelines and meet city standards, approved by the decisionmaking body as part of the design review or other discretionary permit. All landscaping shall be maintained in a healthy, weed-free condition. Landscape maintenance agreements may be required by the Community Development Director for sites determined to be sensitive sites. The area north of the southernmost pond shall receive particular attention for attractive screening from Imola Avenue.

G.

Street Trees. Street trees in rights-of-way shall be installed if the Community Resources Director determines they are required in accordance with the Gasser Master Plan or city standards.

H.

Public Works Improvements. Curb, gutter, sidewalk, street, drainage, utility undergrounding and similar

improvements shall be installed if the Public Works Director determines they are required in accordance with the Gasser Master Plan, the Gasser Master Plan FEIR, Policy Resolution 27 or Public Works Department standard specifications.

I.

Lighting. Exterior lighting shall be directed or shielded so as to prevent glare onto public streets and abutting residential properties.

J.

Noise. See Chapter 17.52, Noise Standards.

K.

Property Management. Residential rental property shall comply with NMC Section 8.16.015(B), (C) and (D) regarding property management.

L.

Theater. The theater shall provide shared parking with other nonresidential district uses. In addition, when design review permit applications for the initial site development are considered, the applicant shall provide a plan for operations that establishes overall hours of operation, as well as any timing conditions related to peak hour trip generation to the satisfaction of the city.

(O2007 1; O2019-001, 1/15/19)

New nonresidential or mixed use structures, additions and exterior remodels and residential development or the subdivision of any lot shall require design review by the Community Development Director, Planning Commission or City Council as described in Chapter 17.62 (Design Review Permits). The painting of walls with murals, wall graphics or unusual paint colors incompatible with their context shall also require review in accordance with Chapter 17.62.

Signs require review in accordance with Chapter 17.55, Sign Ordinance.

(O2007 1; O2019-001, 1/15/19)

A.

The requirements of this chapter are specific to the Gasser Master Plan Districts, and where there is a conflict between this chapter and other requirements of Title 17, the requirements of this chapter shall prevail. Where not addressed, general zoning requirements apply.

B.

General zoning provisions shall apply for administration of the Gasser Master Plan Districts in accordance with the Master Plan zoning administrative regulations in Section 17.26.110.

C.

A unified site development plan providing a site plan and building design for all buildings, parking, landscape and open space areas, streets, pedestrian and bicycle paths and utilities is required prior to any development occurring within each of: (1) South River Place District; (2) Creekside District; (3) Tulocay Place; and (4) Tulocay Village. Pedestrian and vehicular connections between Tulocay Place and Tulocay Village shall be provided with the site development plan submitted for Tulocay Place and Tulocay Village. In addition, these districts shall each be designed to provide a complementary interface between the districts through their building design and site layout. Such unified site development plan shall be provided by submittal of a Design Review application as described in Chapter 17.62 approved by the Planning Commission and Council.

D.

The requirements and standards of the Gasser Master Plan are hereby incorporated by reference into this chapter. All development projects within the Gasser Master Plan Districts shall comply with the Gasser Master Plan. E.

Amendments to this chapter, including the Gasser Master Plan, shall be processed in accordance with Chapter 17.66. Amendments to the Gasser Master Plan Design Guidelines or the Gasser Master Plan Landscape

Guidelines may be approved by resolution of the City Council. (O2007 1)

I.

Site and Master Plan Overview.

The property identified in the Gasser Master Plan is one of the largest undeveloped areas within the City of Napa. It lies between Oil Company Road to the north, Soscol Avenue and South Napa Marketplace to the east, Imola Avenue to the south, and the Napa Valley Wine Train tracks and the Napa River to the west. The property is flat and lies within the Napa River flood plain. A portion of the property is within the floodway. The property is divided north-south by Tulocay Creek. These natural and man made features provide important habitat areas and significant opportunities for open space enjoyment, integrated with proposed development. The site also contains a storm detention basin along the north side of Imola Avenue which was developed as a condition of approval of the South Napa Marketplace.

The property has been or will be modified by several major construction projects including the Napa River Flood Protection Project, replacement of the Maxwell Bridge; relocation or the Napa Valley Wine Train tracks; relocation of the Napa Sanitation District trunk sewer, relocation of Hartle Court, and extension of Gasser Drive north to Soscol Avenue. The City's General Plan anticipates the realignment of the intersection of Soscol Avenue and Silverado Trail with Gasser Drive.

ncluding the Napa River Flood Protection Project, replacement of the Maxwell Bridge; relocation or the Napa Valley Wine Train tracks; relocation of the Napa Sanitation District trunk sewer, relocation of Hartle Court, and extension of Gasser Drive north to Soscol Avenue. The City's General Plan anticipates the realignment of the intersection of Soscol Avenue and Silverado Trail with Gasser Drive.

The General Plan identifies the property as "mixed use." The mix of uses in the Master Plan is divided into four sub-districts: the South River Place retail, entertainment and community-serving district south of Tulocay Creek; the Creekside office/retail area along Gasser Drive extension north of the Creek; the Tulocay Place retail/mixed-use village along Soscol Avenue, and the Tulocay Village residential neighborhood bounded by the northern wetlands, Tulocay Creek, the Wine Train tracks and Napa River terraces, and retail/mixed uses fronting on Soscol Avenue. Development of the Gasser Master Plan will be phased to be coordinated with Flood Project construction and other infrastructure needs. In addition, Soscol Gateway area drainage studies completed in 2005 indicate the culverts designed for Gasser North which route residual flood flows across Gasser North to the north

wetlands/detention basin could be oversized (or an equivalent alternative) to handle the implementation of a cityinitiated area storm drain system to handle residual overland flows after completion of the Flood Project. Although the Master Plan neither proposes, nor does approval of the Master Plan require a particular phasing schedule, lands south of Tulocay Creek are expected to proceed first, thus a site plan concept and description is provided for this area. The Gasser Master Plan establishes more general land use, open space and circulation parameters for lands north of Tulocay Creek. Gasser Master Plan Design Guidelines, based largely on the Soscol Guidelines, are included for the three nonresidential districts, while Tulocay Village and the residential or residential mixed uses in Tulocay Place will utilize the City's Residential Design Guidelines. General landscape guidelines are also included that identify plant lists and landscape objectives for the entire Master Plan site.

The Gasser Master Plan and Gasser Master Plan Design and Landscape Guidelines and Implementation Section accompany and supplement the Gasser Master Plan Zoning District. The Master Plan and Exhibits are adopted as part of the zoning. Exhibits include—the Gasser Master Plan Exhibit 1a, the South River Place Concept Detail Exhibit 1b, the Zoning Districts and Zoning Overlay Districts Map Exhibits 2a and 2b, the Land Use Map Exhibit 3, the Pedestrian/Bike Circulation Plan Exhibit 4, the Vehicular Circulation Plan Exhibit 5 and Street Cross Sections Exhibits 6 through 10 and are incorporated as part of the Master Plan Zoning. The Gasser Master Plan Design Guidelines, Gasser Master Plan Landscape Guidelines and Implementation Sections, while a part of the Master Plan, are adopted separately by resolution.

II.

District Land Uses.

A more detailed description of each district in the Gasser Master Plan follows. A.

South River Place.

Acreage. Approximately 25 acres total. Wetlands and detention basins south of Tulocay Creek approximately 12.6 acres.

District Development Area. 3.9 acres north of (relocated) Hartle Court. 8.3 acres south of Hartle Court. Master Plan Development. Theater, retail, retail services, offices; non-profit office, existing 60-bed homeless shelter and 24-unit transitional housing project; protected wetlands. Surrounding Uses.

North: Tulocay Creek; other vacant Gasser Master Plan lands.

East: South Napa Marketplace.

South: Imola Avenue (Hwy 121) and Napa Valley College lands.

West: Napa Sanitation District lands; other County lands housing animal shelter; protected Napa River flood terraces and the proposed Napa River Trail; Wine Train tracks.

South River Place will include new retail commercial, entertainment and community-serving facilities with retail and entertainment uses complementary to South Napa Marketplace. This area provides a highly visible entrance to the city that will gain in importance as Gasser Drive is extended through the Master Plan property to Soscol Avenue and a planned intersection realignment with Silverado Trail is completed. This district will also provide a main southern entrance to the Napa River Trail from Hartle Court, thus design quality is important throughout. Retail buildings along Gasser Drive will orient both to Gasser Drive (through display windows, entries and signage) as well as to parking lots behind, where feasible. A theater building will have its primary entrance oriented to a shared parking lot, but building design and landscape screening facing Hartle Court will be thoughtfully conceived. Hartle Court will provide a comfortable, attractive bicycle and pedestrian connection to the River Trail. Community serving facilities are clustered along and fronting on the north side of Hartle Court. The Gasser Foundation provided land for the new 60 bed county homeless shelter, completed in 2006. Needed transitional housing units for some of those served by the homeless shelter is planned, along with an approximately 30,000 sq. ft office building that anticipates bringing together many of the nonprofit organizations and allow for collaborative provision of services. (The office space may be provided elsewhere in this district at the option of subsequent developers.)

The Master Plan proposes two main vehicle access points to South River Place: a relocated Hartle Court and a private access between Hartle Court and Imola Avenue (in the existing Hartle Court alignment). Hartle Court, originally constructed as access to the Napa Sanitation District offices, county lands and the planned Napa River Trail to the west, will be relocated further north adjacent to the City Fire Station for improved primary access. Building locations within the development area are limited by wetland locations, a 60 foot wide Sanitation District easement along the western edge and the utility easements within the existing Hartle Court alignment. The parking lot layout will not preclude a future vehicle connection to the north.

st, will be relocated further north adjacent to the City Fire Station for improved primary access. Building locations within the development area are limited by wetland locations, a 60 foot wide Sanitation District easement along the western edge and the utility easements within the existing Hartle Court alignment. The parking lot layout will not preclude a future vehicle connection to the north.

B.

Creekside District.

Acreage. Approximately 5.2 acres total, 2.2 acres west and 3.0 acres east of the northern extension of Gasser Drive.

Master Plan Development. Offices anticipated west of Gasser Drive; retail and offices east of Gasser Drive. Surrounding Uses.

North, West and South: Protected wetlands and Tulocay Creek.

East: Retail uses along Soscol Avenue.

Creekside District is a triangular office and retail commercial development site bisected by the Gasser Drive extension and adjacent to protected wetlands and Tulocay Creek. Buildings east of Gasser Drive will be oriented to and fronting on Gasser Drive with parking to the side or rear; and buildings west of Gasser Drive may be oriented to take advantage of wetland and Tulocay Creek views. Off street bicycle/pedestrian trail amenities are

planned along Tulocay Creek but there shall be no trail on the west side of the parcel which is west of Gasser Drive. The intent is to create a coordinated site layout, building design and landscape plan within this district. Uses will be either offices or a mix of office and retail uses. Gasser Drive will contain a landscaped median including turn lanes to facilitate access to district buildings.

C.

Tulocay Place District.

Acreage. Approximately 4.1 acres east of North Drive and 3.0 acres west of North Drive. Master Plan Development. Community retail commercial uses east of North Drive and community and neighborhood serving retail commercial uses west of North Drive, providing a community entrance and focal point gathering place, and residential mixed uses or residential west of North Drive. Surrounding Uses.

North and South: Soscol Avenue retail and office uses; wetlands to the southwest owned and maintained by Napa County Flood Control & Water Conservation District.

West: Vacant Tulocay Village residential lands.

East: Soscol Avenue; retail across Soscol Avenue.

Tulocay Place fronts on Soscol Avenue and will also provide a pedestrian-oriented street to the Tulocay Village residential neighborhood. The intent is to create an attractive community-and neighborhood-serving retail commercial/service district with interconnected storefronts oriented to adjacent streets and a community gathering place. Multi-storied buildings may include office or residential uses above. West of North Drive, residential mixed use, with retail uses on the ground floor, and residential uses are encouraged.

D.

Tulocay Village.

Acreage. Includes 13.6 acres of wetlands/detention basin owned by the Napa County Flood Protection & Water Conservation District, and approximately 18.7 acres residential.

Master Plan Development. Varied attached residential uses—Apartments, condominiums; Wetlands/detention basin and Tulocay Creek.

Surrounding Uses.

North: Oil Company Road, Wine Train Maintenance Yard, mobile home park. East: Soscol Avenue retail and Tulocay Square. South: Protected wetlands and Tulocay Creek. West: Napa River terraces and River Trail and Wine Train tracks.

Tulocay Village will provide a variety of housing types and densities. Given its size, flat topography and location near services, the City has designated this residential portion of the Gasser Master Plan property with an "AH affordable housing" overlay. The AH overlay is to achieve a higher density (minimum 25 units/acre) and a higher degree of affordability (20% very low and low income or an alternative equivalent proposal rather than 10%) than is found in most parts of the city to help meet future housing needs within the City's Rural Urban Limit. The project proposes an overall density of 25 units/acre, with 10% of the dwelling units to be affordable to low income families. The additional 10% very low income requirement will be met through an "alternative equivalent proposal" of constructing a 24 unit transitional housing project and providing a site for the County homeless shelter. This is "equivalent" in that it will serve an equal or greater number of very low income individuals; 2) provides services to very low income individuals in addition to housing; and 3) provides an unusual housing type not otherwise available within the city.

Vehicle entrances will be from North Drive, Tulocay Place via Soscol Avenue and Oil Company Road. The Entry Street entrance provides a direct connection to Soscol Avenue and an attractive community entrance and focal point.

The neighborhood has a unique natural setting, framed by wetlands to the south and east, and the Napa River and its open space terraces and Wine Train tracks to the west. Second floor and higher windows may have river views. The Master Plan does not include or approve a site plan for the residential units in Tulocay Village. The Tulocay Village internal street circulation will include a public street along the wetland and river edges through all or part of the site that encourages physical and visual access to these resources and allows fronting buildings. The street system will also provide a secure public buffer between homes and public trails, and address fire and safety

concerns. A potential direct, narrow street connection between Tulocay Village and South River Place over Tulocay Creek shall be evaluated for feasibility.

Off-street pedestrian and bicycle trails will provide a key recreation resource to residents and the public. A system of linked off street multi use trails is planned along the site's river open space edge, around much of the north wetlands, along the north side of Tulocay Creek and over Tulocay Creek to South River Place by way of the City of Napa's crossing of the Napa Valley Wine Train bridge. The Master Plan supports and is consistent with City efforts to provide a connection across the railroad tracks at Tulocay Creek to the citywide River Trail for resident and community access.

en space edge, around much of the north wetlands, along the north side of Tulocay Creek and over Tulocay Creek to South River Place by way of the City of Napa's crossing of the Napa Valley Wine Train bridge. The Master Plan supports and is consistent with City efforts to provide a connection across the railroad tracks at Tulocay Creek to the citywide River Trail for resident and community access.

While two to four story buildings are anticipated in Tulocay Village, higher buildings could potentially occur if the added height (1) provides for subsurface parking and (2) provides for pitched roofs.

Zoning Land Uses. Land uses that are permitted or conditionally permitted under the broad headings of "retail", or "residential" are more fully described in the Gasser Master Plan Zoning Ordinance. The Master Plan Zoning Map identifies the boundaries of each district. However, the boundaries between Tulocay Place and Tulocay Village are intended to be seamless with Tulocay Place uses west of North Drive providing a transition to the Village neighborhood.

III.

Open Space and Circulation. A.

Open Space.

The Master Plan is organized around the natural landscape which includes five distinct, protected areas of open space on and off site:

A first step in planning the site was to take note of the location, extent and physical characteristics of each area of open space, and to site development respectful of, and enhanced by, these open space areas. The Napa River provides an open expanse of space to the west while the wetlands, storm water retention pond and Tulocay Creek provide internal open spaces and view opportunities.

The Plan's basic design concept has been to develop the upland parcels around the central open spaces and use these open spaces to create a memorable larger "place" which also orients to the Napa River and its terraces. Subsequent specific developments will also be encouraged to link private open space areas visually and physically with these prominent spaces. One or more bicycle staging areas for public access to the Napa River Trail will be provided in Tulocay Village in locations convenient to the public trail access. The Master Plan has tentatively located public parking at the end of Oil Company Road and south of Tulocay Creek accessed via Hartle Court. If consistent with the regulations of the Department of Fish and Game and other regulatory agencies, enhancement of the edges of on-site wetland areas with substantial trees and plantings is planned to give these currently flat grass/shrub covered areas more presence and identity.

B.

Pedestrian and Bicycle Circulation.

The Master Plan proposes to construct off-street public pedestrian and bicycle trail access to these enhanced open space areas including

• A trail along the north side of Tulocay Creek. The Tulocay Creek trail will jog west at Gasser Drive to Kansas Avenue, cross at a light and jog back. • A trail surrounding Tulocay Village from Oil Company Road south to Tulocay Creek and along the north bank of the north wetlands to North Drive. • A trail from Hartle Court to Tulocay Creek connecting with the City's proposed railroad and Creek crossing. The Gasser Foundation will provide an easement or fee title over trails on its property to ensure public access. Trails shall be a minimum 10′ wide with 2′ shoulders on each side, consistent with City standards. It is recognized there may be small segments of these trails where environmental constraints may require some flexibility.

In addition, the Gasser Master Plan proposes bicycle lanes on Gasser Drive, Hartle Court, Oil Company Road and North Drive. Bicycle lanes shall be a minimum five feet wide. Except where the multi use pedestrian/bicycle trail adjoins streets, streets will also incorporate sidewalks for pedestrian circulation.

This system of clearly marked multi use trails, bicycle routes and sidewalks within the Gasser Master Plan Zoning Districts is intended to promote regular pedestrian and bicycle travel, and allow connections to nearby destinations. Elements to be included in pedestrian/bicycle circulation routes are: consistent paving; themed directional and informational signage; plant materials denoting the pedestrian/bicycle routes; easy linkages to on and off-site destinations and ADA compliance. The Gasser Master Plan Landscape Guidelines provide more trail details.

C.

Vehicle Circulation.

There is a hierarchy of streets in the Master Plan Districts. Public Streets are shown in the Gasser Master Plan Exhibit 1 and the Circulation Map Exhibit 3. Streets form the backbone of a neighborhood and community. While internal street circulation for Tulocay Village is yet to be determined, it will maximize physical and visual access to area resources and front buildings towards these resources. This is intended to allow the wetlands and river terraces to be prominent features well integrated with the neighborhood.

City policy also promotes connections between neighborhoods throughout the city for ease of use and emergency access. Connecting streets include the Gasser Drive extension, North Drive, the entry street into Tulocay Place which connects to Tulocay Village, and Oil Company Road. A potential direct, narrow street connection between Tulocay Village and South River Place over Tulocay Creek shall also be evaluated for feasibility. Gasser Master Plan public streets include:

1.

Hartle Court—A street to be relocated and improved to city standards with bicycle lanes.

Existing Gasser Drive.

3.

The Gasser Drive bridge and street extension to Soscol Avenue, to be improved to City standards (but without parking) with bicycle lanes and a landscaped median. Pads for public art should be included in the landscape median.

4.

North Drive—This street aligns over major stormwater culvert(s) critical to site and area drainage. Between the existing Gasser Office Building and the north wetlands, the right-of-way is constrained and does not include parking.

5.

Tulocay Village internal circulation—A pedestrian-oriented public street within the residential village. A small number of public access parking spaces would be provided near the public trail.

6.

Oil Company Road—A street to be improved to city standards with bicycle lanes. A small public parking area at the end of Oil Company Road would facilitate public access to the public trail.

7.

Tulocay Place Entry Street to Tulocay Village—A pedestrian-oriented street providing entrance to Tulocay Village from Soscol Avenue.

Exhibits show planned street sections for the Gasser Drive Extension, Gasser Drive Bridge, North Drive (constrained/unconstrained), Oil Company Road, the public street within Tulocay Village and Hartle Court.

The Gasser Drive bridge and street extension to Soscol Avenue is identified in the Transportation Element of the City of Napa General Plan and is a primary Master Plan Street providing the only on-site linkage between the north and south neighborhoods and access to substantial adjacent site development. This street is also located and planned to provide a future connection to Silverado Trail through the Soscol/Silverado realignment identified in the Transportation Element of the City of Napa General Plan and on the list of those capital improvements eligible for reimbursement from street improvement fees. The Soscol/Silverado realignment is a major improvement for adequacy of planned area circulation that will need several years to design, fund and construct. The entire Gasser project contributes to the need for this project, although construction need is not triggered until Gasser development north of Tulocay Creek occurs, assuming that this part of the project develops after the southern part of the site.

Through use of planting strips with street trees and separated sidewalks, medians and enhanced pedestrian crossings, as well as potential traffic calming measures on residential neighborhood streets, the Gasser Master Plan encourages a peaceful and pedestrian friendly character.

Incorporation of transit stops along Gasser Drive and the Soscol Avenue frontage is anticipated.

Chapter 17.30 STANLY RANCH RESORT MASTER PLAN (§ 17.30.010 – § 17.30.080)

The purpose of the Stanly Ranch Resort Master Plan is to:

A.

Develop a low-density, destination resort and winery, using the highest quality, sustainable development design features, compatible with the existing agricultural uses which support the economic needs of the community; B.

Protect agricultural uses, sensitive wetland and creek habitat areas in the district and facilitate public access to open space within and adjacent to the district, including new trail connections to the Napa River;

C.

Create a sense of place within the Stanly Ranch planning area through careful consideration of density, building design and complementary uses that respond to their geographic context;

D.

Create strong linkages among uses on site, to the river and rest of the city through provision of pedestrian, bicycle and vehicle connections that will fit into the planned, area-wide transportation plan;

E.

Create a resort district with a low density, luxury destination resort. The resort will provide visitors with an unparalleled Napa Valley experience, including an operational winery. The resort units will be a combination of traditional hotel units, vacation homes and fractional ownership units. The resort amenities will include a spa, fitness and recreation areas (such as tennis and bocce courts and similar facilities), outdoor pools, restaurants, banquet and event space;

F.

Reflect and amplify the policies of the City of Napa General Plan and implement the General Plan Land Use Element "Tourist Commercial" designation for the site;

G.

Implement the City of Napa Municipal Code through the incorporation of all applicable controls in accordance with the Master Plan adoption process as set forth in Chapter 17.26;

H.

Incorporate and require implementation of mitigation measures as set forth in the environmental review conducted as part of the establishment of the Ranch Resort District;

I.

Provide for the ongoing implementation of the Master Plan development standards through the establishment of procedures and standards for subsequent amendments, permitting actions and enforcement measures. (O2010 7, 5/4/10)

For purposes of this chapter, these specific definitions apply:

"Community Development Director"

means the Community Development Director or designee of the Community Development Director or of the City Manager.

"Five star resort"

means a standard of physical features of, and operational (service expectation) aspects for a hotel that meets or exceeds the criteria established for the American Automobile Association "five diamond" properties. Should the American Automobile Association cease to exist or to publish physical and/or operational criteria for hotels, or where otherwise necessary to further the purposes of this chapter, the Community Development Director may utilize a similar set of criteria that he or she finds will meet the intent of the definition. The five star resort standard shall also include, without limitation, operation of the hotel on a seven-day a week basis, with sufficient room service, housekeeping (including housekeeping of fractional units and whole ownership dwelling units), food and beverage service, concierge, parking, bellman banqueting and meeting services.

"Fractional units"

mean attached or detached transient dwellings subject to a condominium subdivision, which are intended for sale in partial-year increments.

"Stanly Ranch planning area"

means planning area #12 as depicted in Figure 1-15 of the Napa General Plan.

"Stanly Ranch Resort Master Plan District"

means a district comprising 93 acres within the Stanly Ranch planning area, described in Section 17.30.030, and as depicted on the Zoning Map, as defined by Sections 17.02.020 and 17.06.020 as amended by Ordinance

O2010 7, adopted on May 4, 2010, which within this chapter may be referred to as "district."

"Stanly Ranch Resort Master Plan EIR"

refers to the document entitled "St. Regis Napa Valley Project EIR" (State Clearinghouse Number 2009032009) including all documents incorporated therein by reference.

"Whole ownership dwelling units"

mean attached or detached residential dwellings, subject to a condominium subdivision, which are intended for sale for the purpose of occupancy by the owner without limitation as to length or time of stay, and with full access to resort services and amenities.

(O2010 7, 5/4/10)

The Stanly Ranch Resort Master Plan is located within the Stanly Ranch planning area, and comprises

approximately 93 acres described as Parcels 3, 4, 9 and 10 of the Stanly Ranch Vineyards Subdivision, Map 5539. The Stanly Ranch Resort Master Plan comprises a single zoning district. (O2010 7, 5/4/10)

A.

Stanly Ranch Master Use Permit.

1.

Stanly Ranch Master Use Permit Required Prior to Development. All other provisions of this chapter notwithstanding, no development pursuant to this Master Plan district shall be allowed prior to the issuance of a Stanly Ranch master use permit.

2.

Purpose and Intent. The purpose of the Stanly Ranch master use permit is to require that any applicant for development within the district be held responsible for meeting the design and operational objectives set forth in Section 17.30.010. In adopting this process, the intent is to provide the means to place conditions on development related to design guidelines, ongoing monitoring of development impacts, operating conditions and standards, and agreed-upon developer and operator fiscal and economic contributions.

3.

Authority, Processing and Findings.

a.

The authority to approve, conditionally approve, or deny a Stanly Ranch master use permit shall be the City Council. The Stanly Ranch master use permit shall be subject to processing and to findings as set forth in Chapter 17.60, "Use Permits," of this code, substituting the City Council as the authority, Section 17.60.020, "Authority," notwithstanding.

b.

A further finding which must be made prior to the approval of a Stanly Ranch master use permit shall be: the proposed design and operation of the development will result in a five star resort.

B.

Permitted Uses.

1.

Stanly Ranch Resort Master Plan District General Description of Uses. The primary permitted uses of the district will generally comprise hotel units, fractional units, and site improvements typical of a premiere destination resort with the added feature of an associated winery.

2.

Primary Permitted Uses. The primary permitted uses of the district are hotel, offering transient lodging accommodations on a daily rate to the general public; fractional units; and winery. The total number of transient units shall be no greater than 175 units, allocated between the primary permitted uses (hotel units plus fractional units). The winery as permitted use will be a public commercial winery, with normal attendant accessory uses and site improvements, including vineyard. The primary permitted uses of the Stanly Ranch Resort master plan district,

as described in this subsection, are limited as set forth in Table A; provided, however, that the allocation of transient units between hotel and fractional units may vary by up to 15 units.

Accessory and Related Uses. The primary permitted uses listed in the preceding Table A demand a number of associated and normally expected accessory and support uses. Table B specifically provides for such accessory and support uses to be established within the district by right, subject to conditions and restrictions herein. A certificate of occupancy shall not be issued for any whole ownership dwelling unit until at least 85 units of primary permitted transient occupancy units (hotel or fractional units) are approved by the city for occupancy.

support uses. Table B specifically provides for such accessory and support uses to be established within the district by right, subject to conditions and restrictions herein. A certificate of occupancy shall not be issued for any whole ownership dwelling unit until at least 85 units of primary permitted transient occupancy units (hotel or fractional units) are approved by the city for occupancy.

C.

Temporary, Special Uses, and Other Uses.

1.

Temporary or Special Event Uses. Parades, circuses, carnivals or gatherings of 500 or more persons shall be deemed to be a "special event" as that term is used in Chapter 12.48, and shall be subject to all requirement and limitations imposed on special events pursuant to Chapter 12.48, including the requirement to obtain a permit. 2.

Other Accessory Uses or Use Determinations. Uses that are not explicitly permitted or conditionally permitted in this district shall be prohibited, unless the Community Development Director determines that the proposed use is substantially similar to a permitted or conditionally permitted use in this district, pursuant to the criteria set forth in Section 17.04.050 of this code.

(O2010 7, 5/4/10; O2014-3, 3/4/14)

A.

Maximum Development Square Footage by District. The floor area of the district, not including parking structures, shall be limited to a total of less than 500,000 square feet. This total measurement is based upon the floor area projected allocation by use category per Table C, including normally attendant accessory structures. No lot within the district may exceed a floor area ratio of .20, as calculated per Section 17.52.120. The final allocation of floor area among the uses listed below may vary among uses and the square footage of any of the use categories may be increased by up to 15%, so long as:

1.

The sum of all structures, not including parking structures, remains less than 500,000 square feet;

2.

The number of hotel and fractional units and the winery capacity do not exceed the limits set forth in Table A (Primary Permitted Uses);

3.

The number of whole ownership dwelling units do not exceed the limits set forth in Table B (Accessory and Related Uses); and

4.

Applying the generation factors used in the St. Regis Napa Valley Traffic Impact Study, by W-Trans, dated May 5, 2009, the total trip generation on a daily or peak hour basis for the entire Stanly District does not increase from the total projected by that study.

Table C Floor Area Allocation by Use

B.

Height. Buildings within the district shall comply with the height limits in Table D. Height shall be measured per Section 17.06.030, Building height, with application of the stepped building standard and with measurement taken from the "average grade," as defined, and subject to the exclusions set forth in Section 17.52.220. The hotel structure shall also be subject to a height limit of 35′-0″, with application of the stepped building standard and with measurement taken from the preexisting grade as that grade is determined by the City Engineer.

C.

Setbacks. Buildings within the district shall comply with yard, setback, and separation requirements in Table E. All measurement of yards, setbacks and separation shall be conducted per the definition of "Yard," Section

17.06.030.

D.

Airport Compatibility Overlay District—Residence Restriction Area. The entirety of the district lies within the airport compatibility overlay district, and subject to the provisions of Chapter 17.34 of this title.

Pursuant to Chapter 17.34 of this title, within the area easterly of the line representing Zone D of the Airport Land Use Plan, as identified by the Napa County Land Use Compatibility Plan (ALUCP), whole ownership dwelling units and fractional units shall be prohibited.

(O2010 7, 5/4/10)

A.

Parking. On-site parking and loading shall be provided in accord with Chapter 17.54, or pursuant to a parking study and project design approved pursuant to a Stanly Ranch master use permit.

B.

Accessory Structures. Nonresidential accessory structures shall meet standards for principal buildings. Walks or similar types of surfaced areas constructed at grade, fences (see Chapter 17.52 standards) and signs (see Chapter 17.55, Sign Ordinance) may be located in setback areas, subject to observance of the regulations related to visibility triangle, Section 17.52.170(C).

C.

Screening of Trash, Outdoor Storage. See Chapter 17.52 for outdoor storage screening requirements.

D.

Rooftop Equipment. Rooftop equipment shall be screened and integrated into the building architecture. Screens shall not disproportionately increase the mass of the building.

E.

Landscaping. All planting strips, yards, setbacks and other required open space areas shall be landscaped in accordance with city standards, approved by the decision-making body as part of the design review or other discretionary permit. All landscaping shall be maintained in a healthy, weed-free condition. Landscape maintenance agreements may be required by the Community Development Director for sites determined to be sensitive sites.

F.

Street Trees. Street trees in rights-of-way shall be installed if the Community Resources Director determines they are required in accordance with plans as approved, a Stanly Ranch master use permit or city standards, as applicable.

G.

Public Works Improvements. Curb, gutter, sidewalk, street, drainage, utility undergrounding and similar improvements shall be installed if the Public Works Director determines they are required in accordance with the Stanly master use permit, the Stanly Ranch Resort Master Plan FEIR, Policy Resolution 27 or Public Works Department standard specifications as applied to development designs submitted.

H.

Lighting. Exterior lighting shall be directed or shielded so as to prevent glare onto public streets and abutting residential properties.

I.

Noise. Development and operation of uses within the Stanly Ranch Master Plan shall comply with Chapter 17.52 and Section 8.08.020.

J.

Conditions, Covenants and Restrictions, Required Elements. All fractional and whole ownership units shall be subject to conditions, covenants and restrictions (CC&Rs). The CC&Rs shall be subject to the review and approval of the Community Development Director and approval as to form by the City Attorney, prior to the opening of any unit purchase escrow. The City of Napa shall be a party to the CC&Rs, with the right but without the obligation to enforce their provisions. The CC&Rs shall include elements requiring notification and acknowledgment of the potential impacts from the following site and area features:

1.

Napa County Airport/avigation easement;

2.

State Highway 129;

3.

Agricultural uses on adjacent parcels (right to farm);

Regional trail system;

5.

Public open space parcels;

6.

Payment of an affordable housing fee at close of escrow for each whole ownership dwelling unit (as defined by Master Use Permit Condition No. 13).

K.

Owners Association. An owners association (OA) shall be established to govern, manage, maintain and operate the hotel, fractional units and whole ownership dwelling units. The OA services shall include, but not be limited to, housekeeping for all public areas (including lobby and hallways), front desk, concierge services, and other such services as a hotel in accordance with CC&Rs to the satisfaction of the Community Development Director, and approved as to form by the City Attorney. The CC&Rs shall require that all portions of the resort (including all primary and accessory units, with the exception of the winery, vineyards and pond), including, but not limited to, landscape and open space areas, lobby, hallways, parking banquet/ballroom facilities, conference facilities, restaurant, retails, parking, recreational and spa facilities and other amenities and improvements (collectively "amenities") as well as individual hotel, fractional and whole ownership dwelling units, their furniture, fixtures, and equipment shall be maintained and operated in accordance a five star resort standard.

L.

Fractional Units. Each fractional unit may be used by the owners of the corresponding fractional unit for a total of 168 days per calendar year without payment of TOT, which total number of TOT-exempt days may be divided among a number of fractional owners. Each fractional unit owner may use the unit for a maximum of 14 days per calendar year without payment of TOT. At all other times, each unit shall be used for transient occupancy purposes only; and no unit may be rented to, or used by, any person(s) for more than 30 consecutive days. Fractional owners who exceed 14 days of use in a calendar year shall pay a TOT for each day in excess of 14 days using an average daily rate, calculated as the total amount of TOT owed by the operator for hotel from nonowner transient occupied fractional units for the subject calendar month, divided by the total number of nonowner transient days charged during the same calendar month (as measured consistent with the city's Transient Occupancy Tax Ordinance, Napa Municipal Code Chapter 3.20).

M.

For each day that any person other than a fractional owner (including the developer, operator, or other similar entity) has the privilege of occupancy (as that phrase is used in Napa Municipal Code Chapter 3.20) of a fractional unit, the fractional unit owner or operator shall be subject to payment of the TOT.

N.

Whole Ownership Dwelling Units. For each whole ownership dwelling unit, as defined in the Stanly Ranch Resort Master Plan, TOT at the rate established by the City of Napa shall be paid on the rental amount paid if the unit is rented to a person who is not the owner of the unit for a period of less than 30 days. If any whole ownership dwelling unit is owned as a fractional unit, each fractional owner of the fractional unit shall pay TOT in accordance with subsections (L) and (M).

(O2010 7, 5/4/10; O2019-001, 1/15/19)

A.

New structures, additions and exterior remodels and residential development or the subdivision of any lot shall require design review by the Community Development Director, Planning Commission or City Council as described in Chapter 17.62 (Design Review Permits), and consistent with design guidelines adopted pursuant to a Stanly Ranch Resort Master Plan master use permit.

B.

For the purposes of this section, all initial approvals for habitable space, including the hotel, fractional units, whole ownership dwelling units, winery, accessory buildings and above grade parking structures shall be considered to comprise a single mixed use project, each component of which is subject to design review by the City Council per Section 17.30.080(C) of this chapter.

C.

The painting of walls with murals, wall graphics or unusual paint colors incompatible with their context shall also require review in accordance with Chapter 17.62.

D.

Signs shall require review in accordance with Chapter 17.55, Sign Ordinance.

(O2010 7, 5/4/10; O2019-001, 1/15/19)

A.

The requirements of this chapter are specific to the district, and where there is a conflict between this chapter and other requirements of Title 17, the requirements of this chapter shall prevail. Where not addressed, general zoning requirements apply.

B.

General zoning provisions shall apply for administration of the district in accordance with the Master Plan zoning administrative regulations in Section 17.26.110.

C.

A unified site development plan providing a site plan and building design for all buildings, parking, landscape and open space areas, streets, pedestrian and bicycle paths and utilities is required prior to any development occurring within the district. In addition, each component shall be designed to provide a complementary interface between the components through their building design and site layout. Such unified site development plan shall be provided by submittal of a design review application as described in Chapter 17.62 approved by the City Council. D.

Amendments to this chapter, including the Stanly Ranch Resort Master Plan, shall be processed in accordance with Chapter 17.66. Amendments to the Stanly Ranch Resort Master Plan design guidelines or the Stanly Ranch Resort Master Plan landscape guidelines may be approved by resolution of the City Council. (O2010 7, 5/4/10)

Chapter 17.32 NAPA PIPE MASTER PLAN DISTRICT (§ 17.32.010 – §

17.32.390)

Chapter 17.33 OLD SONOMA ROAD MIXED USE MASTER PLAN (§ 17.33.010 – § 17.33.090)

The Old Sonoma Road Mixed Use Master Plan district is intended to:

A.

Implement the goals, objectives, and policies of the residential mixed use designation of the General Plan for properties located along Old Sonoma Road between Walnut Street and Jefferson Street.

B.

Provide development standards to facilitate economical, efficient, and coordinated development consistent with the goals and purposes of the residential mixed use designation.

C.

Allow deviation from standard zoning district regulations such as setbacks, lot area, lot coverage, and building height, while remaining consistent with design guidelines that encourage flexibility and creativity in building design and site planning and promote a higher level of amenities beyond that expected in conventional developments.

D.

Encourage a mix of different dwelling types and a variety of land uses which complement each other and which are compatible with existing and future surrounding uses.

E.

Encourage development of a walkable neighborhood with higher density housing types and limited neighborhoodserving commercial uses in a desirable relationship to planned common use space, cultural, recreational, and other uses.

(O2023-005, 5/16/23)

The following uses shall be allowed in the MP:OSR-MU district:

(O2023-005, 5/16/23)

A.

The following features shall be exempt from the height limits established by this chapter, subject to limitations indicated:

1.

Mechanical equipment and appurtenances necessary for the operation or maintenance of the building or structure itself.

2.

Additional building volume used to enclose or screen from view the features listed under subsection (A)(1) above and to provide additional visual interest to the roof of the structure.

3.

Railings, parapets, and catwalks, with a maximum height of four feet and open railings, catwalks and fire escapes required by law, wherever situated.

4.

Flag poles and flags, and weathervanes.

5.

Headhouses and/or enclosed roof access.

(O2023-005, 5/16/23)

A.

Accessory Structures. Accessory structures shall meet accessory standards for residential districts in Chapter 17.52. Walks or similar types of surfaced areas constructed at-grade, parking, fences, and signs (See Chapter 17.55, Sign Ordinance) may be located in setback areas.

B.

Screening of Trash, Outdoor Storage. The requirements in Chapter 17.52 for outdoor storage screening shall apply. C.

Rooftop Equipment. Rooftop equipment shall be screened and integrated into the building architecture. Screens shall not disproportionately increase the mass of the building.

D.

Landscaping. All planting strips, yards, setbacks, and other required open space areas shall be landscaped in accordance with a landscape plan addressing city standards, approved by the decision-making body as part of

the design review or other discretionary permit. All landscaping shall be maintained in a healthy, weed-free condition. Landscape maintenance agreements with the city may be required on sensitive sites.

E.

Lighting. Exterior lighting shall be directed or shielded so as to prevent glare onto public streets and residential properties.

(O2023-005, 5/16/23)

A.

The number of off-street parking spaces required in the MP:OSR-MU district shall be as set forth below.

B.

The location of off-street parking spaces shall be as set forth in an approved development plan.

(O2023-005, 5/16/23)

Bicycle parking shall be provided for all residential and non-residential uses in accordance with the requirements set forth in Section 17.54.060.

(O2023-005, 5/16/23)

Off-street loading and service vehicle requirements shall be in accordance with Section 17.54.050.

(O2023-005, 5/16/23)

A.

In the MP:OSR-MU district, one monument sign and one wall-mounted building identification sign are permitted per building. The size, placement, maintenance, and design of the sign shall be in accordance with Chapter 17.55. B.

Street signage shall be consistent with city standards and the approved design guidelines. (O2023-005, 5/16/23)

Chapter 17.34 :AC—AIRPORT COMPATIBILITY OVERLAY DISTRICT (§ 17.34.010 – § 17.34.090)

The specific purpose of the :AC airport compatibility overlay regulations are to protect the public health, safety and welfare within the land use compatibility zones of the Napa County Airport identified by the Napa County Airport Land Use Compatibility Plan (ALUCP).

(O2003-12)

The :AC overlay district may overlay or be combined with any zoning district consistent with the purpose and provisions of this district. Regulations established by the :AC overlay district shall be in addition to the regulations of the principal zoning district with which they are combined, and in the event of a conflict between the two, the provisions of the :AC district shall apply.

(O2003-12)

Within ALUCP Zone E most land uses are normally acceptable, however, the following standards shall apply in addition to the standards of the principal zoning district:

A.

Over flight easements acceptable to the city in consultation with the airport proprietor shall be required as a condition of subdivision approval and/or discretionary permits for new construction, including expansions greater than 5,000 square feet in size. Such easements shall be prepared prior to issuance of a building permit and granted to the airport proprietor.

B.

Prohibited Uses. Highly noise sensitive outdoor uses referenced in the ALUCP, such as meditative retreats. C.

Uses Not Normally Acceptable. The following uses raise concerns related to size, noise sensitivity or their propensity to attract birds that must be addressed if the use is to be approved. Such uses shall require use permits and shall be referred to the ALUC for a compatibility determination prior to final approval. 1.

Landfills;

2.

New ponds greater than one-half acre in size;

3.

Amphitheaters;

4.

Residential Uses—All. Any proposed residential use shall consider the proximity of flight patterns, frequency of over flights, terrain conditions and type of aircraft in determining acceptable use locations.

D.

General Design Requirements.

1.

Lights, Glare, Electronic Interference. All uses and structures shall be designed so as to prevent hazard to flight that could occur as a result of smoke, glare, distracting lights, or electronic interference. All exterior lighting shall be directed downward or shielded to prevent glare to aircraft and meet any approved ALUC lighting guidelines. The Community Development Director may require the applicant to consult with Airport Land Use Commission (ALUC) staff, the airport manager or a qualified airport land use planning consultant regarding whether a use or structure would create such a hazard. If the use or structure cannot be designed to prevent such hazard, it may be denied.

2.

Height. All uses and structures shall be designed to prevent hazard to flight that could occur as a result of very tall structures intruding into flight areas. Height limits shall be as in the underlying zoning district, or, if height limits are not specifically assigned by the underlying district, the height limit shall be 35 feet. Any project proposing heights over the applicable height limit shall require a use permit and be referred to the ALUC prior to final approval.

3.

Lot Coverage. Lot coverage is governed by density and/or FAR limits assigned by the General Plan. If such limits are not identified for a particular site due to "Study Area" designations, the building lot coverage limit shall be 20%. Any project proposing a change in the General Plan FAR, density, or, for an unassigned site, building lot coverage over 20%, shall be referred to the ALUC prior to final approval.

(O2003-12)

Within ALUCP Zone D, most nonresidential uses are normally acceptable. However, the following standards shall apply in addition to the standards of the principal zoning district: A.

Overflight easements acceptable to the city in consultation with the airport proprietor shall be required as a condition of subdivision approval and/or discretionary permits for new construction, including expansions greater than 5,000 square feet in size. Such easements shall be prepared prior to issuance of a building permit and granted to the airport proprietor.

B.

Prohibited Uses. The following uses are prohibited:

1.

Landfills;

2.

Residential uses, except for residential uses allowable under agricultural land use and zoning designations. C.

Uses Not Normally Acceptable. The following uses raise concerns related to size, density of use, mobility, noise sensitivity or propensity to attract birds to be addressed for a project to be approved. Such uses shall require use permits and shall be referred to the ALUC for a compatibility determination prior to final approval.

1.

Public or private schools for children under 18;

2.

Libraries;

3.

Hospitals, major medical facilities (skilled nursing and similar);

4.

Day care centers;

5.

Retail buildings and shopping centers greater than 40,000 square feet; or smaller retail buildings and centers that, when combined with an adjacent retail building and center, would in combination total more than 40,000 square feet;

6.

Amphitheaters;

7.

New ponds;

8.

Residential uses allowable under agricultural land use and zoning designations. D.

Use Review Criteria. In determining whether proposed uses in subsection C have been appropriately designed, decision-making body shall consider the following criteria:

Density. Density of use averaged over the entire site (excluding streets) should not exceed 100 persons per acre in structures, or 150 persons in and out of structures.

2.

Clustering. Clustering of development within the density parameters is encouraged to protect and provide open land/safety areas for emergency landing (such as requiring building envelopes, contiguous parking and landscape areas, and larger setbacks from certain geographic features such as creeks, roads, etc.).

3.

Noise. Appropriate noise reduction measures have been incorporated for noise sensitive uses (such as schools or libraries) consistent with ALUCP and city General Plan standards, whichever is more restrictive.

E.

General Design Requirements.

1.

Lights, glare, electronic interference. All uses and structures shall be designed so as to prevent hazard to flight that could occur as a result of smoke, glare, distracting lights, or electronic interference. All exterior lighting shall be directed downward or shielded to prevent glare to aircraft and meet any approved ALUC lighting guidelines. The Community Development Director may require the applicant to consult with Airport Land Use Commission (ALUC) staff, the airport manager or a qualified airport land use planning consultant regarding whether a use or structure would create such a hazard. If the use or structure cannot be designed to prevent such hazard, it may be denied.

2.

Height. All uses and structures shall be designed to prevent hazard to flight that could occur as a result of very tall structures intruding into flight areas. Height limits shall be as in the underlying zoning district, or, if height limits are not specifically assigned by the underlying district, the height limit shall be 35 feet. Any project proposing heights over the applicable height limit shall require a use permit and be referred to the ALUC prior to final approval.

3.

Lot Coverage. Lot coverage is governed by density and/or FAR limits assigned by the General Plan. If such limits are not identified for a particular site due to "Study Area" designations, the building lot coverage limit shall be 20%. Any project proposing a change in the General Plan FAR, density, or, for an unassigned site, building lot coverage over 20%, shall be referred to the ALUC prior to final approval.

(O2003-12)

Within ALUCP Zone C, which is the extended approach/departure zone, most lower intensity nonresidential uses are normally acceptable. However, the following standards shall apply in addition to the standards of the principal zoning district:

A.

Over flight easements acceptable to the city in consultation with the airport proprietor shall be required as a condition of subdivision approval and/or discretionary permits for new construction, including expansions greater than 5,000 square feet in size. Such easements shall be prepared prior to issuance of a building permit and granted to the airport proprietor.

B.

Prohibited Uses. The following uses are prohibited:

1.

Residential uses;

2.

Public or private schools for children under 18 years of age and libraries;

3.

Hospitals and major medical facilities (skilled nursing and similar);

4.

Day care centers.

C.

Uses Not Normally Acceptable. The following uses raise concerns related to size, density of use, mobility, noise

sensitivity or propensity to attract birds to be addressed for a project to be approved. Such uses shall require use permits and shall be referred to the ALUC for a compatibility determination prior to final approval. 1.

Retail buildings and shopping centers larger than 40,000 square feet in size, or smaller retail buildings and centers that, when combined with an adjacent retail building and center, would in combination total more than 40,000 square feet;

2.

Hotels and motels;

3.

Health clubs;

4.

Restaurants or bars seating more than 80 persons;

5.

Multistory buildings;

6.

Theaters, assembly halls, and conference centers;

7.

New ponds.

D.

Use Review Criteria. In determining whether proposed uses in subsection C have been appropriately designed, the decision-making body shall consider the following criteria:

1.

Density. Density of use averaged over the entire site (excluding streets) should not exceed 50 persons per acre in structures, or 75 persons in and out of structures; however, density on any one acre should not exceed twice the indicated number of people per acre.

2.

Clustering. Clustering of development within the density parameters is encouraged to protect and provide open land/safety areas for emergency landing (such as requiring building envelopes, contiguous parking and landscape areas, and larger setbacks from certain geographic features such as creeks, roads, etc.).

3.

Noise. Applicable noise reduction measures have been incorporated for noise sensitive uses (such as hotels, motels and offices) consistent with ALUCP and city General Plan standards.

4.

Location. Structures have been set back as far as possible from the extended centerline of the runway. E.

General Design Requirements.

1.

Lights, glare, electronic interference. All uses and structures shall be designed so as to prevent hazard to flight that could occur as a result of smoke, glare, distracting lights, or electronic interference. All exterior lighting shall be directed downward or shielded to prevent glare to aircraft and meet any approved ALUC lighting guidelines. The Community Development Director may require the applicant to consult with Airport Land Use Commission (ALUC) staff, the airport manager or a qualified airport land use planning consultant regarding whether a use or structure would create such a hazard. If the use or structure cannot be designed to prevent such hazard, it may be denied. 2.

Height. All uses and structures shall be designed to prevent hazard to flight that could occur as a result of very tall structures intruding into flight areas. Height limits shall be as in the underlying zoning district, or, if height limits are

not specifically assigned by the underlying district, the height limit shall be 35 feet. Any project proposing heights over the applicable height limit shall require a use permit and be referred to the ALUC prior to final approval.

3.

Lot Coverage. Lot coverage is governed by density and/or FAR limits assigned by the General Plan. If such limits are not identified for a particular site due to "Study Area" designations, the building lot coverage limit shall be 20%. Any project proposing a change in the General Plan FAR, density, or, for unassigned site, building lot coverage over 20% shall be referred to the ALUC prior to final approval.

(O2003-12)

These requirements shall apply to any development submitted on or after the effective date of the ordinance codified in this chapter requiring a General Plan amendment, specific plan, rezoning, variance, use permit, tentative parcel map, tentative subdivision map, or design review permit. Uses under review prior to the effective date of date of the ordinance codified in this chapter shall be reviewed by the city and ALUC under pre-existing procedures.

(O2003-12)

A.

General. General Plan Amendments, specific plans, zoning or subdivision ordinance amendments, "Not normally acceptable uses," and structure heights over applicable height limits within ALUCP compatibility zones shall be referred to and reviewed by the County Airport Land Use Commission (ALUC) for a consistency determination prior to final approval.

B.

Process. When projects are referred to the ALUC, the following process shall be followed:

1.

The Planning Commission shall hold a public hearing and make a recommendation on the application and refer the project to the ALUC.

2.

The project shall be reviewed by the ALUC and the ALUC shall provide a ALUCP consistency determination. The ALUC may make recommendations to modify the project for consistency with the ALUCP.

3.

The city decision-making body shall then hold a public hearing and take final action on the project. If the ALUC finds the project to be inconsistent with the ALUCP, the City Council may override that decision in accordance with state law.

(O2003-12)

In addition to standard application materials, the applicant shall provide the following filing materials: A.

Special Requirements In/Near Zone C. Subdivisions and new construction proposed in Zone D within 100 feet of Zone C, or within Zone C shall provide building envelopes, approach surfaces and the extended runway centerline on the plans.

B.

Design Response, All Projects. The applicant shall address how the building or use has been designed so that it does not create smoke, glare, distracting lights, or electrical interference that may constitute a hazard to aircraft flight.

C.

Uses Not Normally Acceptable. For projects identified as being Not Normally Acceptable, the applicant shall also address how their use has been appropriately designed to address identified criteria. (O2003-12)

A.

Except as provided in subsection C, the city shall make the following findings for a General Plan Amendment, specific plan, zoning or subdivision ordinance amendment, or use permit for a "Not Normally Acceptable" use:

The proposed project has been referred to the ALUC for a consistency determination; and

2.

The ALUC has determined that proposed project is consistent with ALUCP compatibility policies and standards. B.

Design Review. In approving a design review permit for new development, the decision-making body must find that the building or structure has been designed to meet Airport Land Use Commission design requirements. C.

Local Override. To override a determination by the ALUC that a proposed project or use is inconsistent with the ALUCP, the City Council, by a two-thirds vote, must make specific findings defined by state law that the action is consistent with the purposes of the ALUC statute.

(O2003-12)

Chapter 17.35 :BF—BUILDING FORM OVERLAY DISTRICT (§ 17.35.010 – § 17.35.030)

It is the purpose of the :BF Building Form overlay district to regulate height and massing limitations in the Downtown Specific Plan area.

(O2012 4, 5/15/12)

The :BF Building Form overlay district shall apply to all properties within the Plan Area of the Downtown Specific Plan. It may be combined with the Downtown Core Commercial (DCC), Downtown Mixed Use (DMU), Downtown Neighborhood (DN), Oxbow Commercial (OC), Downtown Public (DP), Downtown Parks and Open Space (DPOS) districts as well as the :ED Entertainment overlay district. Regulations established by the :BF Building Form overlay district shall be in addition to regulations of the underlying principal zone district with which it is combined. In the event of a conflict with the regulations of the underlying zone district, the provisions of the :BF Building Form overlay district shall apply. These regulations do not apply to county facilities which are not regulated by the city. (O2012 4, 5/15/12)

Properties located within the boundaries of the :BF Building Form overlay district shall comply with the requirements set forth in Section 4.7.2 (Building Form Zones) of the Downtown Specific Plan. (O2012 4, 5/15/12)

Chapter 17.36 :AH—AFFORDABLE HOUSING OVERLAY DISTRICT (§ 17.36.010 – § 17.36.040)

The specific purposes of the affordable housing overlay district are to:

A.

Provide a greater degree of housing affordability on identified key sites than would otherwise be required under inclusionary standards, given the limited amount of land available for future housing. B.

To maximize development opportunities on key housing sites by providing well-designed projects at the upper end of density ranges.

C.

In accordance with housing element "fair share" provisions, provide :AH sites throughout the city.

(O2003-12)

A.

Criteria. The :AH overlay district may be combined with any residential or mixed use or master plan zoning district on a site that meets the following criteria:

1.

It is greater than two and one-half acres in size.

2.

It has an average slope less than 10%.

3.

It is within one-half mile of transit and/or services (e.g., retail areas providing daily goods and services such as markets, dry cleaners, pharmacies, delis and similar uses).

B.

Other Considerations. In considering whether to designate a site with an :AH overlay district, the city shall also consider whether the site helps promote a "fair share" of well designed and varied housing in all neighborhoods per housing element policy. In the case of master plan areas outside the city, the city may consider whether future services are likely to be developed within one-half mile of the site.

(O2003-12)

Regulations of the :AH overlay district are in addition to those of the underlying district, and in the event of a conflict between the two, the regulations of the :AH overlay district shall prevail.

A.

Low Density Residential Districts. On RS, RI or RT district :AH sites, each of the following requirements shall be met.

1.

40% of total units constructed on site shall include second dwelling units.

2.

No development shall be age-restricted.

3.

Development densities shall be no lower than 90% of the site's Pod density range.

4.

The development shall comply with each of the provisions of Chapter 15.94.

B.

Multifamily, Mixed Use, or Master Plan Districts. On RM, MU or MP district :AH sites, each of the following requirements shall be met:

1.

Either 10% of total units constructed on site shall be affordable to very low income households as defined in Section 15.94.020, and shall comply with the continued affordability requirements in

Section 15.94.050(J); or the development shall receive approval for an alternative equivalent proposal pursuant to Section 15.94.050(B).

2.

Either 10% of total units constructed on site shall be affordable to low income households as defined in Section 15.94.020 and shall comply with the continued affordability requirements in Section 15.94.050(J); or the

development shall receive approval for an alternative equivalent proposal pursuant to Section 15.94.050(B).

3.

No development shall be age-restricted.

4.

Development densities.

a.

General Plan-Designated Multifamily Sites Zoned Multifamily Residential or Master Plan. Development densities shall be no lower than 75% of the site's Pod density range. Such range is calculated as follows: Identify the

General Plan density range, multiply this figure by 75% and add this number to the low end of the density range. Example: A General Plan Density Range of 15 to 20 has a five unit/acre range. Multiply 75% x 5=3.75 and add to 15 = 18.75. Resulting: AH density range is 18.75 to 20 units/acre.

b.

General Plan-designated mixed use sites zoned master plan (or any other zoning district), development densities on residential portions of the site shall be no lower than the mid point of the site's mixed use density range.

c.

Density Reduction. In accordance with General Plan environmental protection and neighborhood character policies, the Council, at its discretion, may approve a density reduction at less than the densities required in subsections a. and b. above if it finds it is necessary to protect environmental resources or mitigate risks

associated with physical hazards, or if design solutions are unable to complement neighborhood character. Design alternatives shall be explored by the project applicant prior to any density reduction.

5.

Section 16.36.030(B) shall satisfy and is in lieu of the provisions of Section 15.94.050(A) and (C) for :AH sites or portions of sites.

(O2003-12; O2003 23)

To facilitate affordable housing on :AH sites, the city shall offer the following incentives:

A.

Priority processing from application submittal through construction.

B.

Fee deferrals for all affordable units, as defined in Chapter 15.94, until occupancy.

C.

Funds. Local affordable housing funds, to the extent they are available to assist affordability of long term affordable units in low density districts that are constructed in excess of inclusionary requirements or, in multifamily, mixed use, or master plan districts, to the extent that project analysis demonstrates financial need and a lack of other desirable alternatives.

D.

Marketing. Housing Authority marketing of long term affordable units.

E.

Density Flexibility. Density flexibility in RM districts consistent with Section 17.52.140 (Density flexibility). F.

Other. Any incentives available under Chapter 15.94 may also be considered by the City Council. (O2003-12; O2003 23)

Chapter 17.37 :ED—ENTERTAINMENT OVERLAY DISTRICT (§ 17.37.010 – § 17.37.030)

It is the purpose of the :ED Entertainment overlay district to provide opportunities for entertainment uses to establish in the Downtown Specific Plan.

(O2012 4, 5/15/12)

The :ED Entertainment overlay district shall apply to all properties within the area identified in the Entertainment overlay district in the Downtown Specific Plan. It may be combined with the Downtown Core Commercial zoning district. Regulations established by the :ED Entertainment overlay district shall be in addition to the regulations of the underlying principal zoning district with which it is combined. In the event of a conflict with the regulations of the underlying district, the provisions of the :ED Entertainment overlay district shall apply. These regulations do not apply to county facilities which are not regulated by the city.

(O2012 4, 5/15/12)

Properties located within the boundaries of the :ED Entertainment overlay district shall comply with the requirements set forth in Section 4.6 (Entertainment District Overlay) of the Downtown Specific Plan. (O2012 4, 5/15/12)

Chapter 17.38 :FP—FLOODPLAIN MANAGEMENT OVERLAY DISTRICT (§ 17.38.010 – § 17.38.100)

A.

The special flood hazard areas of the City of Napa are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. Uses that are inadequately elevated, flood proofed, or protected from flood damage contribute to flood losses. The cumulative effect of obstructions in the special flood hazard area which increase flood heights and velocities also contribute to the flood loss.

B.

It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions to:

1.

Protect human life and health;

2.

Minimize expenditure of public money for costly flood control projects;

3.

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4.

Minimize prolonged business interruptions;

5.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

6.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage;

7.

Ensure that potential buyers are notified that property is in an area of special flood hazard;

8.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

9.

Implement the regulations of the National Flood Insurance Program and Related Regulations (as outlined in Part 44 of the Code of Federal Regulations) and administered by the Federal Emergency Management Agency (FEMA); and

10.

Implement the policies of the health and safety element of the General Plan regarding flood hazards with the Napa River and its tributaries.

C.

In order to accomplish its purposes, this chapter includes methods and provisions to:

Restrict or prohibit uses which are dangerous to health, safety, and property due to water hazards, or result in damaging increases in flood heights or velocities;

2.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

3.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;

4.

Control filling, grading, dredging, and other development which may increase flood damage; and

5.

Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.

D.

The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods will occur on rare occasions. Flood heights may be increased by manmade or natural causes. These regulations do not imply that land outside the areas of special flood hazard, or uses permitted within such areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on these regulations, or any administrative decision lawfully made there under.

(O2003-12)

A.

It is the intent that this chapter shall apply to all special flood hazard areas within the jurisdiction of the City of Napa. These special flood hazard areas are identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS) dated September 26, 2008 and accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFMs) dated September 26, 2008, as revised under the FEMA Letter of Map Revision submittal dated April, 2008, and as set forth in the revised 2008 LOMR Mapping Documents. All subsequent amendments and/or revisions thereto are hereby adopted and incorporated by reference into this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow

implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The FIS, FIRMs and FBFMs are on file at the Department of Public Works, 1600 First Street, Napa, California. The provisions of this chapter shall apply to those lots shown on the zoning map (along with the zoning district with which they are combined) with an "FP" suffix.

B.

No development project may hereinafter be undertaken without full compliance with the terms of this chapter and any term, condition, mitigation measure or project description incorporated into any permit or other entitlement granted. Violation of any permit term, condition mitigation measure, project description or applicant misrepresentation shall be unlawful, prohibited and a violation of this title.

C.

This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. D.

Where this chapter and another law, regulation or ordinance conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

(O2003-12; O2009 7; O2009 8)

Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give the chapter its most reasonable application. The specific definitions below are intended for use only in conjunction with the regulations contained herein.

"Area of special food hazard."

See "Special flood hazard area."

"Base food"

means a flood that has a one percent chance of being equaled or exceeded in any given year (also known as the "100-year flood").

"Basement"

means any area of the building having its floor subgrade (below ground level) on all sides.

"Building"

means any structure intended for any use or occupancy with substantial walls and roof. "Building" includes "manufactured home."

"Development"

means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. It includes the construction or placement of new buildings and structures or substantial improvement of existing buildings and structures but does not normally include maintenance, painting and minor repairs. Development also includes a change of use which requires a use permit under this title, approval of a tentative subdivision map or parcel map and establishment of a manufactured home or mobile home park. Development also includes the storage of equipment and materials where such storage may increase the base flood elevation result in water damage to the stored equipment or materials or result in the equipment or material becoming water borne debris.

"Development project"

means any project undertaken for the purpose of development.

"Encroachment"

means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain that may impede or alter the flow capacity of a floodplain.

"Existing manufactured home park or subdivision"

means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) was completed before March 1988.

"Expansion to an existing manufactured home park or subdivision"

means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

"Flood, fooding or food water"

means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation of runoff of surface waters from any source.

"Flood Boundary and Floodway Map (FBFM)"

means the official map on which the Federal Emergency Management Agency (FEMA) or Federal Insurance Administration (FIA) has delineated both the special flood hazard area and the floodway.

"Flood Insurance Rate Map (FIRM)"

means the official map on which FEMA or FIA has delineated both the special flood hazard area and the risk premium zones applicable to the community.

"Flood Insurance Study"

means the official report provided by the FIA that includes flood profiles, the FIRM, the FBFM, and the water surface elevation of the base flood.

"Floodplain or food-prone area"

means any land area susceptible to being inundated by water from any source. See "Flood, flooding or flood water."

"Floodplain Administrator"

is the Director of Public Works.

"Floodplain management"

means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing where possible, natural resources in the floodplain, including, but not limited to, emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

"Floodplain management regulations"

means this chapter and other zoning chapters, subdivision regulations, building codes, health regulations, special purpose chapters (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

"Floodproofng"

means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (Applicable to "Floodplain management regulations" only.)

"Floodway"

means the channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway."

"Floodway fringe"

is that area of the floodplain on either side of the "regulatory floodway" where encroachment may maybe permitted.

"Functionally dependent use"

means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

"Hardship"

as related to Section 17.38.100 of this chapter means the exceptional hardship that would result from a failure to

grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, physical

problems, aesthetic considerations, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if they are more expensive, or require the property owner to build elsewhere or put the parcel to a different use than originally intended.

"Highest adjacent grade"

means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

"Historic structure"

means any structure that is:

1.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the

National Register;

2.

Certified or preliminarily determined by the Secretary of Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3.

Individually listed on the state of California inventory of historic places; or

4.

Individually listed as a City of Napa landmark on the local inventory of historic places.

"Levee"

means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

"Levee system"

means a flood protection system that consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest foor"

means the lowest floor of the lowest enclosed area including basement (see "Basement" definition).

1.

An unfinished or flood resistant enclosure below the lowest floor that is useable solely for parking of vehicles, building access or storage in an area other than a basement areas, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements including but not limited to:

a.

The wet floodproofing standards in Section 17.38.060 of this chapter;

b.

The anchoring standards in Section 17.38.060 of this chapter;

c.

The construction materials and methods standards in Section 17.38.060 of this chapter;

d.

The standards for utilities in Section 17.38.080 of this chapter.

2.

For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

"Manufactured home"

means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

"Manufactured home park or subdivision"

means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level"

means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

"New construction,"

for floodplain management purposes, means structures for which the "start of construction" commenced on or after March 1988 and includes any subsequent improvements to such structures.

"New manufactured home park or subdivision"

means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after March 1988.

"Obstruction"

includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

"One-hundred-year food" or "100-year food." See "Base flood."

"Recreational vehicle"

means a vehicle which is:

1.

Built on a single chassis;

2.

400 square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light-duty truck (rated two tons or less); and

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

"Regulatory foodway"

means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

"Remedy a violation"

means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

"Revised 2008 LOMR Mapping Documents"

means all Flood Insurance Rate Maps and associated Flood Insurance Studies as contained in the City of Napa's Federal Emergency Management Agency Letter of Map Revision submittal dated April 2008, and as mapped in FEMA document numbers 06055C0504E, 06055C0505E, 06055C0508E, 06055C0509E, 06055C0510E, 06055C0512E, 06055C0515E, 06055C0516E, 06055C0517E, 06055C0518E, 06055C0519E, 06055C0610E, 06055C0650E, Index number 06055CIND0A, and Flood Insurance Study number 0655CV000A.

"Riverine"

means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc. "Sheet fow area."

See "Area of shallow flooding."

"Special food hazard area (SFHA)"

means an area having special flood, mud slide (i.e., mud flow), or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, AH, E, M, V1-V30,VE or V. These areas are designated on city zoning maps with the :FP suffix.

"Start of construction"

for new development other than the issuance of a use permit means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit; for a use permit it shall be the effective date of approval of the use permit. The "actual start" for development other than a substantial improvement means either the first placement of permanent construction of a structure on a site, such as pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation such as clearing, grading, and filling; nor does it include the installation of streets and/or sidewalks; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not a part of the main structure. For a substantial improvement, the "actual start" of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

"Structure"

means anything constructed or erected, except for fences, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground (Note: all buildings are structures, but not all structures are buildings.)

"Storage"

means to place or leave in a location for preservation, later use or disposal.

"Substantial damage"

means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

"Substantial improvement"

means any reconstruction, alteration, rehabilitation, addition, or other proposed change of a structure, the cost of which equals or exceeds 50% of the market value of the existing structure before "start of construction" of the improvement; this term includes reconstruction, rehabilitation, addition or repair of a structure which has incurred "substantial damage," regardless of the actual amount of work performed. The term "substantial improvement" does not however, include either:

1.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or

2.

Any alteration, rehabilitation, repair addition or other change of a "historic structure," provided that the work performed will not preclude the structure's continued designation as an "historic structure." "Variance"

means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

"Violation"

means the failure of a structure or development project to be in full compliance with this chapter. A development project without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.

"Water surface elevation"

means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse"

means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which flood waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood

damage may occur. (O2003-12; O2009 7; O2009 8)

The Public Works Director of the City of Napa is hereby appointed Floodplain Administrator to administer, implement, and enforce this chapter and to grant or deny floodplain permits in accord with its provisions. Specific duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: A.

Review all applications for development within the floodplain to determine that:

1.

The permit requirements of this chapter have been satisfied;

2.

All other required state and federal permits have been obtained;

3.

The site is reasonably safe from flooding; and

4.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point.

B.

When base flood elevation data have not been provided in accordance with Section 17.38.020 of this chapter, obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Sections 17.38.050 through 17.38.100.. Any such information shall be submitted to the City Council for its review and adoption.

C.

In the event of alteration or relocation of a watercourse:

1.

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation of a watercourse.

2.

Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency.

3.

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. D.

Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this section.

E.

Obtain and maintain for public inspection and make available as needed the following:

1.

Certification required by Section 17.38.060 (lowest floor elevation).

2.

Certification required by Section 17.38.060 (elevation of floodproofing of nonresidential structures).

Certification required by Section 17.38.060 (wet floodproofing standard).

Certification of elevation required by Section 17.38.060 (subdivision standards).

5.

Certification required by Section 17.38.060 (floodway encroachments).

F.

Take action to remedy violations of this chapter as specified in Section 17.38.020.

Any decision or determination made under this chapter by the Floodplain Administrator may be appealed to the City Council by filing a written appeal setting forth the reasons of the appeal accompanied by the appropriate fee with the City Clerk not later than 10 calendar days following the date of action from which such appeal is being taken. If the tenth calendar day is a weekend or city holiday, the deadline is extended to the next working day of the city. The City Council shall consider the decision or determination de novo. (O2003-12)

A.

No development project may be approved by the City of Napa nor undertaken by any person on property zoned :FP unless a floodplain permit is first obtained from the Floodplain Administrator.

B.

Application for a floodplain permit shall be made in a form acceptable to the Floodplain Administrator, shall provide an indemnification that is in the approved form and may include, but not be limited to: plans drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials or equipment, drainage facilities; and the location of the forgoing. Specifically, the following information is required:

1.

Proposed elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; or proposed elevation in relation to mean sea level to which any nonresidential structure will be floodproofed, if required in Section 17.38.060.

2.

All appropriate certifications listed in Section 17.38.060 of this chapter.

3.

Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

4.

In the case of a tentative parcel or subdivision map, the application shall:

a.

Identify the special flood hazard area and the elevation of the base flood on the tentative map;

b.

Show how any existing or buildings, structures or utilities will comply with the development standards of this section;

c.

Identify the elevation of any existing structures, buildings or proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator;

d.

Show how construction will minimize flood damage;

e.

Show how public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; and

f.

Identify all drainage necessary to reduce exposure to flood hazards. (O2003-12)

The following development standards shall be met on all lots zoned :FP:

A.

All new construction of structures shall be secured to a permanent foundation system to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

B.

All new construction and substantial improvement of structures shall be constructed and designed:

1.

With materials and utility equipment resistant to flood damage;

2.

Using methods and practices that minimize flood damage;

3.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located as to prevent water from entering or accumulating within the components during conditions of flooding;

4.

With adequate drainage paths around structures on slopes to guide floodwaters around and away from structures; and

5.

In compliance with FEMA Technical Bulletins 2-93, 3-93 and 7-93. C.

All new construction or substantial improvement of residential buildings, shall have the lowest floor, including basement (See Section 17.38.030 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement"), elevated to at least one foot above the base flood elevation as determined by this community and be designed so that fully enclosed areas below the lowest floor automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. The minimum criteria for equalizing hydrostatic forces include a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding with the bottom of such opening no higher than one foot above grade and equipped with screens, louvers, valves or other coverings or devices which permit the automatic entry and exit of floodwaters.

Upon completion of the building, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community Building Inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator.

D.

All new construction or substantial improvement of nonresidential buildings shall either be elevated to conform with this section or together with attendant utility and sanitary facilities:

1.

Be flood proofed below an elevation one foot above the base flood elevation so that the structure is watertight with walls substantially impermeable to the passage of water; (See FEMA Technical Bulletins 3-93 and 7-93 for additional requirements);

2.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

3.

Be certified by a registered professional engineer or architect that the standards of this section are satisfied. Such certification shall be provided to the Floodplain Administrator.

E.

All new construction and substantial improvement of buildings with fully enclosed areas below the lowest floor (excluding basements) that are useable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet or exceed the following minimum criteria:

1.

Be certified by a registered professional engineer or architect; or

2.

Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

F.

All new and replacement water supply, gas, electrical and sanitary sewage systems shall be designed:

1.

To minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters; and

2.

To avoid impairment or contamination during flooding in the case of on-site waste disposal systems. G.

All manufactured homes placed or substantially improved within the special flood hazard area and located:

1.

Outside a manufactured home park or subdivision, or

2.

In a new manufactured home park or subdivision, or

3.

In an expansion to an existing manufactured home park or subdivision, or

4.

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to a level one foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

H.

All recreational vehicles placed on lots zoned :FP shall either:

1.

Be on site for fewer than 180 consecutive days, and be fully licensed and ready for highway use. A recreational vehicle is ready for highway use only if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

2.

Meet the permit requirements of Section 17.38.050 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 17.38.060.

(O2003-12)

The following additional development standards shall be met in the flood evacuation portion of the :FP for residential developments which consist of five or more units, including subdivisions or mixed use projects with a residential development potential of five or more units. The flood evacuation area is established by the city Public Works Department consistent with the Health and Safety Element of the General Plan.

Except as provided in subsection E of this section, a flood evacuation plan, prepared by a registered civil engineer or architect shall be required. Alternately, an approved hydraulic analysis, prepared by a registered civil engineer,

may be substituted for a flood evacuation plan. A hydraulic analysis may also require an accompanying flood evacuation plan, depending on the location of the property.

The flood evacuation plan and/or hydraulic analysis shall be submitted to the Public Works Director for review and approval. In determining the adequacy of flood evacuation plans, the Public Works Director shall consider the existing and future street, drainage and flood control facilities that could affect the proposed development as well as the technical and economic feasibility of required flood evacuation procedures and/or improvements. In

determining the adequacy of hydraulic analyses, the Public Works Director shall consider the water surface elevation of the property and surrounding areas, flood control facilities that could affect the proposed

development, and the location of the property in relationship to surrounding areas of inundation. The Public Works Director shall determine if an accompanying flood evacuation plan demonstrating a safe evacuation route shall be submitted.

The minimum residential densities of the General Plan shall not apply to residential developments of five or more units, including potential units which could result from the subdivision of property, when located on a property in the flood evacuation area.

A.

The flood evacuation plan shall include the following:

1.

The nature and extent of flooding and effect of such flooding on the occupants of the proposed development and the ability to safely evacuate the occupants from the premises in the event of a flood.

2.

Measures needed to mitigate flood hazards and to assist the occupants of the proposed development to safely evacuate in the event of a flood.

3.

A plan as described in subsection B.

B.

The flood evacuation plan shall be drawn to scale, and shall be of sufficient size and clarity to show existing details and the nature and extent of all proposed improvements. The plan shall include the following information:

1.

Name and address of owner;

2.

Name, address, professional status, license number, and phone number of the person who prepared the plan;

3.

Location and assessor's parcel number of the proposed site;

4.

North arrow, scale, and the name and location of the nearest public road intersection;

5.

Existing contours of the site, as well as finished contours to be achieved by grading. Contours shall be sufficiently detailed to define the topography over the entire site (generally at two-foot intervals);

6.

Location of and elevation of the streets in the area of the proposed development which would be used in the event of a flood evacuation;

7.

Location of any buildings, structures, trees and other landscape features on the property to remain, and the locations of any buildings, structures or trees on adjacent property within 15 feet of adjoining property lines;

8.

The concept of the flood evacuation measures proposed and a plan showing the construction details or other measures necessary to implement the plan;

Phasing of proposed work, as appropriate.

C.

All approved measures to mitigate flood hazards and to provide for the safe evacuation of the occupants of the proposed development shall become conditions of approval of the project. In addition all approved flood evacuation measures shall be installed prior to the final clearance of the building permit or concurrently with the installation of site improvements in the case of a subdivision map.

D.

The hydraulic analysis shall include the following:

1.

The information required by subsections (B)(1) through (B)(6) above, provided, however, that to the extent practicable, the analysis shall be based on one-foot contours.

2.

A comprehensive list of data sources used for the analysis.

3.

Hydraulic model(s) and related assumptions.

4.

Comparisons of the water surface profile and site topography.

5.

Disclosure of any limits to the analysis.

6.

Figures, tables and plans sufficient to illustrate the water surface profiles and water surface elevations, and areas of inundation in a 100-year flood; and the boundaries of the area included in the analysis. Plans should be to scale, and include street names, scale, and a north arrow.

7.

The area of analysis should include the site to be developed and surrounding areas to the nearest intersection that is outside of the city's identified flood evacuation area to demonstrate a safe evacuation route from the site. E.

The following projects are exempt from the requirements of this section:

1.

All nonresidential development, unless such nonresidential development includes residential development as part of a mixed use development, in which case the requirement for a flood evacuation plan shall be required;

2.

Residential developments which consist of four or fewer units or subdivisions with a development potential of four or fewer units;

3.

An addition or expansion of less than 50% of the original total floor area to an existing residential structure which, in the opinion of the Public Works Director, involves no identifiable increase in the flood evacuation hazards to the occupants of such a structure;

4.

Construction within an existing structure which involves no expansion of the structure;

5.

Construction proposed for a site where an approved flood evacuation plan and/or hydraulic analysis has been prepared provided that the proposed development conforms to the recommendations of the previously approved plan and/or hydraulic analysis;

6.

A lot line adjustment;

7.

A use which involves no buildings or structures.

(O2003-12; O2006 6)

Floodways are areas specially designated within the special flood hazards area on the FIRM for the city (a copy of which is available in the office of the Public Works Director). Floodways are extremely hazardous areas due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential. On those lots zoned :FP which are located in the floodway, the following provisions shall apply in addition to the general development standards and requirements of Section 17.38.060:

A.

New development projects are prohibited unless a floodway development analysis complying with Section 17.38.090 prepared by a registered professional engineer or architect is provided demonstrating that such new development shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

B.

No manufactured home shall be placed in a floodway, except in an existing manufactured home development, mobile home park or mobile home subdivisions.

(O2003-12)

In all cases where a development project is proposed in the floodway, a floodway development analysis, as described in this section prepared by a registered professional engineer or architect is required. The analysis shall supplement the existing data on the floodway by adding one or more cross sections across the entire floodway, prepared from field measurements. The number of cross sections required to complete these analyses shall be determined by the Floodplain Administrator. The minimum requirement shall be one cross section at the site of the proposed development.

A.

Base Case Analysis. Applicants shall prepare and submit for review a 100-year water surface profile analysis of the entire length of the floodway within the city utilizing the FEMA data and analysis method as amended, without the imposition of any development which has occurred since the FIS as amended. In the event that the applicant's project is in close proximity to the city limits, the analysis shall extend into the unincorporated area a sufficient distance as determined by the analysis results, to demonstrate that there are no impacts beyond the analysis limits. The requirement to be met is that there shall be zero increase in the water surface area file for the entire length of the floodway when compared to the FEMA data as amended.

B.

Cumulative Analysis. Applicants shall prepare and submit for review a 100-year water surface profile analysis, using an approved analysis method, of the entire length of the floodway within the city utilizing updated floodplain data that includes all floodway development which has occurred, or which has been approved but not constructed since the FIS as amended. In the event that the applicant's project is in close proximity to the city limits, the analysis shall extend into the unincorporated area a sufficient distance as determined by the analysis results, to demonstrate that there are no impacts beyond the analysis limits. The requirement to be met is that there shall be zero increase in the water surface area file for the entire length of the floodway.

C.

Site Analysis. Applicants shall prepare and submit for review an analysis of the site, including adjacent property which may be impacted. The analysis shall include a floodway blockage before and after comparison and shall detail and analyze flood flow and velocity changes which will result from the proposed project. This analysis shall include an accurate topographic drawing of the proposed project, including structures or other blockages on adjacent properties. The drawing submitted for this purpose shall identify the flood flow patterns through the proposed project. Any adverse impacts on surrounding properties in the floodway shall be 100% mitigated. Specific compensatory action to increase flood carrying capacity must be proposed for any increase in blockage and for any adverse change in flood flow or velocity. Mitigation measures and compensatory actions proposed shall be verified by re-computing the 100-year water surface profile under subsections A and B above.

D.

Permanent Record, Methodology and Limitations. All analyses shall, after review and final modifications, be submitted in a form that will provide a permanent record. The data and methodology approved by FEMA may change over time. When performing the analyses required by these regulations, the most current data and methodology approved by FEMA shall be utilized. In areas of rapid ground elevation change, accurate topographic mapping may reveal minor differences between actual conditions and the adopted floodway. Regardless of such minor differences, no change in the adopted floodway shall be made.

(O2003-12)

A.

The variance procedures and criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by the adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

B.

The City Council needs to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in this chapter should be quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are detailed, contain multiple provisions that must be met before a variance can be properly granted and shall supersede the general variance procedures set forth in Chapter 17.64 (Variances) of this title. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. C.

In order to ensure accomplishment of the goals of this chapter, only the City Council is authorized to act upon requests for a variance. The City Council shall hold a public hearing on the application prior to making a decision. In reviewing requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and the:

Danger that materials may be swept onto other lands to the injury of others; 2.

Danger of life and property due to flooding;

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing owner and future owners of the property;

4.

Importance of the services provided by the proposed facility to the community;

Necessity to the facility of a waterfront location, where applicable;

Availability of alternative locations for the proposed use which are not subject to flooding;

Compatibility of the proposed use with existing and anticipated development;

8.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9.

Safety of access to the property in time of flood for ordinary and emergency vehicles; 10.

Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. D.

The City Council may grant a variance for development on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the requirements of Sections 17.38.060 and 17.38.080 and 17.38.090, as applicable, have been fully considered. As the lot size increases, beyond one-half acre, the technical justification required for issuing the variance increases. In order to grant a variance, the City Council must find:

1.

The applicant has made a showing of good and sufficient cause;

2.

The failure to grant the variance would result in exceptional "hardship" (as defined in Section 17.38.030 of this chapter) to the applicant;

3.

The variance will not result in increased flood heights, additional threats to public safety, i.e., anything which is injurious to the health or safety of the entire community, a neighborhood or any considerable number of people, extraordinary public expense, creation of a nuisance, obstruction of free passage or use in the customary manner of any navigable river, a conflict with existing laws or regulations or cause fraud or victimization of the public or future owners who are unaware of potential flood damage and high insurance rates;

4.

The variance will afford the requested relief with the minimum deviation from the requirements of this chapter; 5.

If the property is within any mapped regulatory floodway, no increase in flood levels during the base flood discharge would result from the grant of the variance; and

6.

Such conditions as are necessary to further the purposes of this chapter have been imposed. E.

The City Council may grant a variance for development which is necessary for the conduct of a functionally dependent use if the City Council finds that the development:

1.

Complies with the provisions of Section 17.38.050;

2.

Is protected by methods that minimize flood damage during the base flood;

3.

Does not result in threats to public safety; and

4.

Does not create a public nuisance.

F.

The Floodplain Administrator shall ensure that any variance granted to construct a structure below the base flood elevation includes a notice that such construction will result in increased premium rates for flood insurance significantly and shall record such notice in the office of the Napa County Recorder.

G.

The Floodplain Administrator shall maintain a record of all variance actions and report such variances issued in its biennial report submitted to the Federal Insurance Administration and Federal Emergency Management Agency. (O2003-12)

Chapter 17.40 :HS—HILLSIDE OVERLAY DISTRICT (§ 17.40.010 – § 17.40.070)

The specific purposes of the hillside overlay district are to:

A.

Ensure the preservation of the city's hills, ridges and ridgelines visible to area residents and persons traveling through the county on major arterials by promoting a harmonious visual and functional relationship between the natural hillside environment and the man-made environment;

B.

Protect the health, safety and welfare of the community by establishing regulations for development of ridgelines and hillside areas within the city;

C.

Implement goals, policies and programs of the General Plan concerning hillside and ridgeline development, development hazards and open space lands;

D.

Preserve predominant views from and of hillside areas;

E.

Retain the natural appearance that hillside areas impart to the city and its environs;

F.

Preserve and retain significant natural features (i.e., vegetation, terrain, rock formations, etc.) of hillside sites in essentially their natural state;

G.

Minimize and control the scarring and cutting of hillsides and ridgelines and minimize water runoff and soil erosion problems incurred due to grading and development activities.

(O2003-12)

The :S overlay district may be combined with any principal zoning district in hillside areas which have a slope of 15% or greater, and shall be indicated with an :HS suffix.

(O2003-12)

Development regulations are in addition to the regulations of the underlying principal zoning district with which they are combined. In the event of a conflict with the regulations of the underlying principal district, the :HS provisions shall supersede.

The following regulations shall apply:

A.

Minimum Development. Any existing residential lot shall be allowed one dwelling unit, including any accessory buildings or structures permitted by the underlying zoning district.

B.

Design Review, Residential Lots. On a residentially zoned lot, a design review permit is required for:

1.

Construction of one principal dwelling unit, and any accessory building or structure requiring a building permit; 2.

Additions to dwellings, accessory buildings or structures, unless exempt.

C.

Use Permit, Residential Lots. On residentially zoned lots, a hillside use permit is required to authorize an increased density on the lot or the parcel; after approval of such use permit, a parcel map, tentative subdivision or similar application for a development that has potential for more than one principal dwelling may then be considered. D.

Design Review, Nonresidential Lots. On nonresidential zoned lots, a design review permit is required for any new construction buildings and structures.

E.

Hillside Review Criteria. Review of a hillside use or design review permit shall determine the proposed development's consistency with the purpose of this title, the :HS district development standards and the hillside development guidelines adopted separately by resolution.

F.

Factors for Evaluating Increased Density. An increased density on a lot or parcel (excluding accessory uses) may be authorized only if a development is determined to be consistent with the purpose of this title and the hillside development guidelines after evaluation of the following factors:

1.

The visibility of the new buildings or structures to the valley floor along Highway 29, Silverado Trail, Browns Valley Road, Buhman Avenue, Foster Road, Redwood Road, Coombsville Road, Partrick Road, Old Sonoma Road, Trancas Street, First Street and Soscol Avenue;

2.

The visibility of the buildings or structures to the adjacent neighborhood;

3.

The amount of cut and/or fill required for access roads and parking areas; short-term and long-term appearance of such changes and any related engineering improvements; together with any proposed mitigation measures; 4.

The amount of cut and/or fill required to establish the new buildings or structures;

5.

Height, width and bulk of each building or structure, if known;

6.

Construction materials and colors of each new building or structure, if known;

7.

Existing trees and vegetation to be removed from the property;

8.

Degree of screening of the new development with existing trees and vegetation;

9.

Degree of screening of new development with new plant materials, length of time to see these established at mature size;

10.

Any open space easements, special building setbacks, building envelopes or other covenants proposed to be established to preserve the existing character of the property.

G.

Hillside Density Limits. Any density increase shall not exceed the maximum allowable density established by the following standards:

1.

Any portion of the lot or parcel having a slope of less than 15% shall be assigned the General Plan density; 2.

Any portion of the lot having a slope of 15% to 30% shall be assigned a density of one lot or one dwelling unit per acre;

3.

Any portion of the lot or parcel having a slope greater than 30% shall be assigned no density. H.

Finding. To grant a use permit or design review permit, the decision-making body must find (in addition to standard permit findings) that the proposed hillside development project is consistent with the purpose of this title,

the :HS district standards and hillside development guidelines adopted separately by resolution. (O2003-12)

The following standards, which are alternatives to the underlying principal zoning district standards, shall apply to minimize the impact of hillside development:

A.

Setbacks and Yards. Buildings and structures may encroach up to one half of the distance into a required setback or yard with design review approval.

B.

Height. Buildings and structures shall not exceed 24 feet in height unless:

1.

They are a use (such as water tanks) or portions of structures (such as cupolas) which are allowed to be higher in accordance with Chapter 17.52; or

2.

One or more of the following findings are made:

a.

The added height results in less lot coverage, reduces lot grading, or saves significant existing trees and vegetation, or

b.

The aesthetic impact of the added height is mitigated by existing on-site conditions, or

c.

The size or shape of the lot unreasonably restricts the size of the proposed buildings and structures. (O2003-12)

The following developments are exempt from the :HS permit requirements.

A.

All buildings or structures constructed prior to January 2, 1990 shall remain as conforming uses and are exempt from any hillside overlay permit requirements.

B.

Any first floor addition to an existing principal or accessory building or structure is exempt when the floor area of the addition is 50% or less of the floor area of the existing principal or accessory building or structure to which it will be attached.

(O2003-12)

A.

Community Development Director Design Review. The following developments shall require a design review permit, with notice to the Planning Commission:

1.

An individual home or accessory structure, or addition unless exempt pursuant to Section 17.40.050, on a lot of record determined to be consistent with the purpose of the :HS overlay district and :HS district development standards and guidelines. In order for the Community Development Director to make this determination, an applicant must submit a sketch plan showing the general layout of the proposed development. 2.

An individual home or accessory structure on a lot of record that is zoned :HS but is not a hillside or ridgeline property.

B.

Referral to Planning Commission. If the Community Development Director determines that the proposed development is not consistent with the purpose of the :HS overlay district and/or the hillside district development standards and guidelines, the proposal may be directly referred to the Planning Commission for commission design review.

(O2003-12; O2004 9)

A.

Filing Materials for :HS Use Permits. The following materials shall be required for a hillside subdivision or other

similar type of project with a potential for more than one dwelling per residential lot, unless the Community Development Director determines a specific material is unnecessary:

1.

Surveyed site plan with precise location of all physical features, including existing trees with a diameter of more than eight inches measures 24 inches above existing grade, and major vegetation;

2.

A detailed slope analysis showing those areas having a slope of less than 15%; areas having a slope of 15% to 30%; and areas having a slope greater than 30%. Contour lines shall have an interval of one foot for areas having a slope up to five percent; two feet for areas having a slope of over five percent to 10%; and five feet for areas having a slope greater than 10%;

3.

Site assessment plan identifying dominant features (solar orientation, site access, dominant views from the site, etc.) and constraints (prevailing winds, excessive slopes, sensitive areas, dominant views of the site, etc.);

4.

Proposed building footprints and building envelopes;

5.

Diagrams of typical building sections, and a massing diagram for each lot;

6.

Preliminary grading plan;

7.

A road profile plan;

8.

An erosion control plan addressing best management practices;

9.

Aerial photograph;

10.

A scale model and/or visual simulation(s) clearly showing visual effects of the proposed development; 11.

Other information, plans or studies which are deemed by the Community Development Director to be necessary to accurately assess the project.

B.

Filing Materials for :HS Design Review Permits. The following materials shall be required for all Community Development Director design review permits, unless the Community Development Director determines the specific information is unnecessary:

1.

Surveyed site plan with the precise location of all physical features and slope contours. Contour lines shall have an interval of one foot for areas having a slope up to five percent; two feet for areas having a slope of over five percent to 10%; and five feet for areas having a slope greater than 10%;

2.

Site assessment plan identifying dominant features (solar orientation, site access, dominant views from the site, etc.) and constraints (prevailing winds, excessive slopes, sensitive areas, dominant views of the site, etc.); 3.

Construction drawings;

4.

Samples of buildings materials;

Precise grading/drainage plan;

6.

An erosion control plan addressing best management practices;

7. Landscape plan; 8.

A scale model or visual simulation(s);

9.

Other information, plans or studies that are deemed by the Community Development Director to be necessary to accurately assess the project.

(O2003-12; O2004 9; O2004 14)

Chapter 17.42 :PD—PLANNED DEVELOPMENT OVERLAY DISTRICT (§ 17.42.010 – § 17.42.090)

The specific purposes of the planned development overlay district are to:

A.

Encourage high quality, innovative and creative development design, and possibilities for varied or mixed uses consistent with the General Plan, by allowing flexibility in underlying zoning standards.

B.

Provide a mechanism for preservation of open space, natural or historic features while continuing to permit efficient use of land.

(O2003-12)

The :PD overlay district may be combined with any principal zoning district consistent with the purpose and provisions of this district. Any lot(s) with an approved :PD shall be shown on the zoning map together with the file number (e.g., PD 00-030).

(O2003-12)

A.

Permitted Variations. The :PD overlay district provides for variations to the underlying principal district regulations and standards, excluding density and floor area ratio ranges (which are established by the General Plan). Development regulation variations may include, but are not limited to: setbacks, yards, height limitations, street standards, parking and loading, landscaping, open space, and lot area. The :PD development may also shift uses in the underlying principal zoning district between conditional and permitted use categories.

B.

Applicable Regulations. The regulations and standards established by the :PD overlay district are an alternative to the regulations of the underlying district, and in the event of a conflict between the two, the provisions of the :PD district shall apply. Where the :PD does not specifically modify the zoning standards of the underlying principal district, the regulations and standards of the principal district shall remain in force. (O2003-12)

A.

Application. An application to reclassify property to a :PD overlay district shall be initiated by a property owner or authorized agent, or the City Council. If the property is not under single ownership, all owners shall join in an application initiated by property owners.

B.

Pre-application Review. Prior to submitting an application for a :PD rezoning, a pre-application review is required. A letter of intent and a sketch plan shall be submitted. In addition, the applicant shall provide a general

comparison between underlying district regulations and standards and the proposed regulations and standards describing the improvements that result from use of alternative standards.

The purpose of the pre-application review is to determine whether the proposed :PD regulations advance the purposes of the :PD district and that a superior design and development will result that could be achieved under the principal zoning district. The pre-application review shall provide the basis for a formal :PD rezoning application.

C.

Process. Applications for rezoning to the :PD overlay district shall be filed and processed in accordance with Chapter 17.66 (Amendments).

(O2003-12)

The Planning Commission in recommending approval of the :PD overlay, and the City Council, in approving a :PD associated with an individual development approval, must make the following findings:

A.

The development is superior overall to a similar project designed to meet the standards of this title and of the underlying district in which it is located; and B.

Any variations from the standards of this title and the district in which the development is located are justified by the high quality design of the proposed development when taken together as a whole; and C.

Each phase (if any) of the development, as well as the development as a whole, can exist as an independent unit capable of creating an environment of sustained desirability and stability; and D.

The proposed development is planned in coordination and compatible with the existing and planned uses in the surrounding area; and

E.

The proposed structure(s) and/or use(s) are consistent with the General Plan and any applicable specific plan or other adopted plan; and

F.

Any conditions stipulated as necessary in the public interest have been imposed; and

G.

The proposed structure(s) and/or use(s) will not be detrimental to the public health, safety and welfare of the community.

(O2003-12)

A.

Design Review Required. Design review pursuant to this title shall be required for any and all development on a site zoned :PD.

B.

Findings. In addition to standard findings required for approving a design review permit, the decision-making body must make the finding that the proposed development is consistent with the approved :PD. (O2003-12)

The ordinance approving an individual :PD shall clearly describe, through text and map exhibits, all zoning standards that have been varied and that apply as a result of the :PD, and shall describe any future minor modifications to these standards that may be handled as an exception. (O2003-12)

A.

Effective Dates. :PD overlay district designations effective prior to the effective date of date of the ordinance codified in this chapter and retained as part of this chapter shall remain in effect. :PD ordinances adopted at a later date shall be effective on the same date as the subsequent ordinance is effective.

B.

If No Construction Occurs. If no action has been taken on an PD development approval within five years (or other time frame specified by the approval), the city may initiate rezoning of the property.

C.

Violations. Any violation of a condition of approval of a :PD zoning or a provision of this chapter shall be grounds for city initiation of a rezoning action.

(O2003-12)

Requests for changes in the contents of an approved :PD overlay district shall be treated as a zoning amendment as described in Chapter 17.66, except that minor modifications to the specific standards established in the :PD on the order of the exceptions described in Chapter 17.56 may be handled as exceptions, where the Community Development Director finds that the minor modification is in character with the surrounding neighborhood and where such modification will not unreasonably affect abutting sites. (O2003-12)

Chapter 17.44 :PE—PARKING EXEMPT OVERLAY DISTRICT (§ 17.44.010 – § 17.44.030)

The specific purposes of the parking exempt overlay district are to:

A.

Provide a pedestrian-friendly downtown environment through the establishment of public parking facilities to meet parking needs generated by the downtown area's commercial and service uses. This allows buildings and uses to be concentrated and oriented to pedestrians.

B.

Relieve certain properties located in the downtown area from on-site parking requirements.

C.

Control on-site parking on properties within this district to ensure that such facilities do not conflict with downtown commercial building concentrations and pedestrian orientation.

D.

Facilitate the financing and construction of downtown public parking facilities by requiring the payment of a parking impact fee for specified types of development projects within the :PE overlay district, such as fees set forth in Chapter 15.104.

(O2003-12; O2016-10, 8/16/16)

The :PE overlay district may be combined with any principal zoning district consistent with the purpose and provisions of this district. Regulations established by the :PE overlay district shall be in addition to the regulations of the underlying principal zoning district, and in the event of a conflict between the two, the provisions of the :PE district shall prevail.

(O2003-12)

A.

No On-Site Parking and Loading Except for Residential and Transient Occupancy Uses. No on-site parking and loading facilities shall be required for any property zoned :PE, except for residential development or transient occupancy development, which shall be subject to the requirements set forth herein. B.

Residential Standards. Parking for residential development in the :PE overlay district shall be provided on-site in accordance with Section 17.54.040(D).

C.

Use Permit Required to Establish On-Site Parking for Commercial Uses. On-site parking for commercial uses may only be established on properties zoned :PE through approval of a use permit. In granting such a permit, the decision-making body shall find that the parking has been located and designed so that it does not conflict with downtown building concentrations and pedestrian orientation.

D.

Transient Occupancy Development Standards. Parking and loading for transient occupancy development (including any hotel, bed and breakfast, or vacation rental use) in the :PE overlay district shall be provided on-site in accordance with Section 17.54.040(D), and it shall be designed, constructed, and operated in a manner that does not conflict with downtown building concentrations and pedestrian orientation. Provided, however, to the extent that the decision-making body finds, through approval of a use permit, that there is sufficient public parking available to serve the transient occupancy development, the transient occupancy development may satisfy its parking obligation through payment of a parking impact fee in accordance with Chapter 15.104. (O2003-12; O2016-10, 8/16/16)

Chapter 17.46 :SC—SOSCOL CORRIDOR OVERLAY DISTRICT (§ 17.46.010 – § 17.46.030)

It is the purpose of the :SC overlay district to encourage land uses and high quality, creative design which promote major improvements in the physical character and image of this gateway corridor consistent with the goals, objectives, concepts and intent of the Soscol Corridor/Downtown Riverfront Development and Design Guidelines, adopted by Resolution 2000/166, or as it may be subsequently amended, hereinafter referred to as the Soscol Guidelines.

(O2003-12)

The :SC overlay district shall apply to all properties within the area covered by the Soscol Guidelines. It may be combined with any principal zoning district used within the guidelines area. Regulations established by the :SC overlay district shall be in addition to the regulations of the underlying principal zoning district with which it is combined. In the event of a conflict with the regulations of the underlying district, the provisions of the :SC overlay district shall apply.

(O2003-12)

A.

Uses. To achieve the purposes of the Soscol Guidelines and the :SC overlay district, uses in the :SC overlay district shall be permitted or require a use permit subject to the following rules:

1.

Permitted uses in the base zoning district which are listed as "desired uses" in the Soscol Guidelines shall continue to be permitted uses.

2.

Permitted uses in the base zoning district which are not listed as "desired uses" in the Soscol Guidelines shall require a use permit.

3.

Conditional uses in the base zoning district which are listed as a "desired use" in the Soscol Guidelines, shall continue to require use permits.

4.

In approving a use permit, in addition to standard use permit findings, the Planning Commission must make the following special finding: The proposed use helps achieve the goals, objectives, concepts and intent of the Soscol Guidelines.

B.

Zoning Regulation Exceptions. Projects shall satisfy the standard zoning development regulations of the district in which they are located. However, the Soscol Guidelines identifies certain exceptions to underlying zoning district height and setback regulations that help to achieve the goals, objectives, concepts and intent of the Soscol Guidelines. See Chapter 17.56 (Administrative Exceptions).

C.

Design Review Permits.

1.

All new buildings, structures, and subdivisions shall require design review, including single-family dwellings on a lot of record.

2.

Project additions and exterior remodels shall also require design review. The only exemptions are for additions/remodels not visible from the street or the Napa River and where the addition is no greater than 120 square feet in size.

3.

In approving a design review permit, in addition to standard design review findings, the decision-making body must make the following finding: The proposed building, structure and/or site improvement promotes the goals, objectives, concepts and intent of the Soscol Guidelines.

D.

Signs.

1.

It is unlawful for any person to erect, alter (including any alteration of the sign face), or relocate a sign within the :SC overlay district without first obtaining a permit as required by Chapter 17.55, Sign Ordinance.

2.

The establishment of a sign program in the :SC area shall comply with the standards set forth in Section 17.55.070(B).

3.

In approving a sign permit or a sign program, in addition to considering the criteria contained in Chapter 17.55, Sign Ordinance, the decision-making body must make the following finding:

The proposed sign or sign program furthers the intent of the Soscol Guidelines sign recommendations. (O2003-12; O2019-001, 1/15/19)

Chapter 17.48 :TI—TRAFFIC IMPACT OVERLAY DISTRICT (§ 17.48.010 – § 17.48.100)

The specific purposes of the :TI overlay district are to:

A.

Implement the crucial corridor policies of the General Plan circulation element which apply to the following streets: 1.

Imola Avenue West (SR-121): Lernhart Street to Soscol Avenue;

2.

Trancas Street: State Route 29 to Soscol Avenue;

3.

Lincoln Avenue: Jefferson Street to Silverado Trail;

Jefferson Street: Trancas Street to Imola Avenue West;

Soscol Avenue: Trancas Street to Imola Avenue West;

6.

Silverado Trail: Trancas Street to Soscol Avenue.

B.

Limit the traffic intensity of uses along crucial corridor streets which are likely to become congested to an unacceptable level unless limitations such as those contained in the :TI district are applied.

C.

Establish development standards designed to minimize traffic conflicts. (O2003-12)

The :TI overlay district may overlay or be combined with any zoning district consistent with the purpose and provisions of this district. Regulations established by the :TI overlay district shall be in addition to the regulations of the principal zoning district with which they are combined, and in the event of a conflict between the two, the provisions of the :TI district shall apply.

(O2003-12)

The review and approval of the Public Works Director pursuant to Section 17.48.060 to determine compliance with the provisions of the :TI overlay district shall be required prior to:

A.

Establishment. The establishment of any use permitted in the underlying zoning district that does not require a building or similar permit; or

B.

Design Review. Design review approval (or, if design review is not required, building permit issuance) for any new construction, enlargement or expansion of an existing building or structure in excess of 10% of the existing gross floor area; or

C.

Use Permit. Use permit approval for any conditional use in the underlying zoning district that has the potential to affect the flow of traffic in any way.

(O2003-12)

An applicant shall submit plans, specifications and other information necessary to demonstrate compliance with the provisions of the :TI overlay district. A fee set by resolution may be charged an applicant to cover the cost of evaluating traffic impacts of the proposed project. The Public Works Director shall typically provide comments regarding compliance with the standards and requirements of the :TI overlay district within 30 days of application submittal. Any decision of the Public Works Director may be appealed to the City Council pursuant to Chapter 17.70, Appeals.

(O2003-12)

The circulation element of the General Plan establishes high traffic and low traffic uses. Studies conducted by the Public Works Department have defined low traffic uses as those that generate 520 or fewer traffic trips per gross acre per day (or gross floor area equivalent) using a site coverage ratio considered typical for the use. Correspondingly, high traffic uses are defined as those which generate more than 520 trips per gross acre per day (or gross floor area equivalent). The calculation of trip generation for a proposed new or expanded use or a proposed increase in intensity of use shall include the total traffic generated by the proposed use as well as the existing uses on the project site. For purposes of calculating trip generation the project site shall include all uses sharing parking and vehicular ingress and egress.

(O2003-12)

Within the :TI overlay, the Public Works Director shall review projects for compliance with the following provisions: A.

General Plan Crucial Corridor Policies. The circulation element shall be used in conjunction with the :TI overlay district, as the crucial corridor policies provide for slightly different types of use and development standards. The Public Works Director must find the project is consistent with crucial corridor policies.

B.

High Traffic Generating Uses.

1.

In general, in accordance with the General Plan, uses along crucial corridors shall generate less than 520 traffic trips per day per gross acre (or gross floor area equivalent). Uses with higher trip generation characteristics are prohibited unless:

a.

Adjustments in the gross floor area, gross acreage, operation, etc., are made to reduce the number of trips to an acceptable level as determined by the Public Works Director, or

b.

The Public Works Director finds that the transportation benefits of the project clearly outweighs the adverse effect on the crucial corridor. Transportation benefits of the project may include, but are not limited to roadway and safety improvements, traffic system management strategies, transit service enhancements, and travel demand management strategies.

2.

Drive-through uses shall generally be prohibited; however, drive-through uses may be allowed, upon the approval of a Planning Commission use permit. In addition to standard use permit findings, the Commission shall make the following findings to approve such use permit:

a.

All traffic impacts of the drive-through use can be confined to the site, i.e., there will be few, if any, additional trips on the crucial corridor generated by the drive-through part of the project compared with the trips generated by the existing or proposed underlying (non-drive-through) use of the property; and

b.

In the event the entire project generates higher than 520 trips per day per acre, that the transportation benefits of the project clearly outweigh the adverse effect of the project on the crucial corridor.

C.

Site Design to Minimize Traffic Conflicts.

1.

Driveways shall be located and designed to minimize the impact on the crucial corridor traffic flow. The number of access points to/from the crucial corridor shall be kept to a minimum. Direct access to/from the crucial corridor shall only be permitted if no other alternative exists. Access to/from side streets is encouraged and may be required. All access points shall be approved by the Public Works Director.

2.

Joint parking and access agreements between abutting properties are encouraged and may be required. Any such agreements shall be approved by the Public Works Director.

3.

The Public Works Director may require an increase in the number of on-site parking spaces up to 20% over that required by Chapter 17.54 (Parking) for specific unusual projects where the Public Works Director finds that on-site parking is not adequate to prevent overflow onto crucial corridors. Also see Section 17.54.180 (Nonconforming parking).

4.

Appropriate on-site traffic control signs shall be provided to city standards. D.

Waiver. Development standard(s) described in subsection C may be waived or modified by the Public Works Director if the location or design of existing development is such that the requirements are not necessary to achieve the objectives of the crucial corridor policies, or

An applicant requesting such waiver or modification shall submit sufficient information acceptable to the Public Works Director to substantiate the request.

(O2003-12; O2004 9)

A.

Application. To comply with the regulations of the :TI overlay district an applicant may apply to the Public Works Director to have one or more abutting lots combined or treated as a single unit through cross easements or written legal agreements pursuant to subsection B which permit the area of more than one lot to support the proposed use or expansion of an existing use. The written consent of the owners of any such lots shall be required. Thereafter none of the affected lots may be evaluated under the provisions of the :TI overlay district individually or in combination with any other lot except by a separate application to the Public Works Director.

B.

Written Agreement Required. Prior to the occupancy of any building or the issuance of any building permits, a formal written agreement, combining the lots into a single unit for the purpose of complying with the regulations of the :TI overlay district, between the city and the owners of such lots shall be approved by the Public Works Director. This agreement shall be recorded and run with the land, and may be terminated only with consent of the city.

(O2003-12)

Any use or structure lawfully established prior the adoption of the General Plan Envision Napa 2020 (December 1, 1998), which generates more than 520 trips per gross acre per day (or gross floor area equivalent), is a nonconforming use. Nonconforming uses may continue unaffected by these regulations provided the number of daily traffic trips does not increase.

(O2003-12)

In the event that the Public Works Director finds that the proposed use, building and/or expansion is a high traffic use prohibited pursuant to Section 17.48.060(B)(1), an applicant may submit a trip generation study prepared by a qualified traffic engineering consultant to establish the number of traffic trips per gross acre per day (or gross floor area equivalent) which will be generated by the proposed use(s).

To be accepted, the traffic generation study shall be performed in accordance with the Public Works Department Policy Guidelines: Traffic Impact Analysis for Private Development Review. The traffic generation study must be submitted to the Public Works Department for evaluation. If accepted by the Public Works Director, the traffic generation study submitted by the applicant shall provide the basis for determining compliance with the regulations of the :TI overlay district.

(O2003-12)

Any decision of the Public Works Director made to implement the :TI overlay district may be appealed to the City Council pursuant to the provisions of this title. However, if a decision regarding the number of trips generated by a proposed use is being appealed, the applicant shall submit a trip generation study, pursuant to Section 17.48.090. (O2003-12)

Chapter 17.50 :WS—WATER SETBACK OVERLAY DISTRICT (§ 17.50.010 – § 17.50.050)

The specific purposes of the :WS water setback overlay district are to: A.

Preserve the aesthetic and natural resource values of waterfront areas adjacent to the Napa River, and the several lagoons and marinas developed to provide improved water access, that are at risk of degradation through continued urban development.

B.

Retain the open spaces between the top of bank and existing residential development abutting the developed waterfront that are vital to the view corridors from the water and public spaces, and contribute to the aesthetic

environment of these waterfront neighborhoods.

C.

Preserve the predominant views both from and of the waterfront areas, their present appearance, and minimize the future encroachment of buildings and structures.

(O2003-12)

The :WS water setback overlay district may be combined with any principal zoning district consistent with the purpose and provisions of this district. Regulations of the :WS district are in addition to those in the underlying district, and in the event of a conflict between the two, the provisions of the :WS overlay district shall prevail. (O2003-12)

The following regulations shall apply to the development of any waterfront property zoned :WS:

A.

One single-family dwelling is permitted within the setbacks and yards established by this title for any property with residential zoning.

B.

Patios, decks, other structures and landscaping are permitted within the area between the top of bank and the single-family dwelling subject to the general standards established by this title.

C.

An accessory building, accessory dwelling or additional detached rental unit within the area between the top of bank and the single-family dwelling is prohibited, unless authorized by use permit.

(O2003-12)

In addition to the standard materials required to file a use permit application, the following specific materials shall also be required:

A.

A surveyed site plan with the precise location and dimensions of all existing improvements, physical features and contours, and the proposed changes.

B.

Preliminary architectural and/or engineering plans of the proposed changes, with information about the materials and colors.

C.

A location plan showing the applicant's property and each adjoining property with the approximate location of the existing improvements and physical features on these adjacent properties.

D.

Other information, plans or studies which are deemed by the Community Development Director to be necessary to accurately assess the application.

(O2003-12)

To approve a use permit for an accessory building, accessory dwelling or detached rental unit in the area between the top of bank and the existing dwelling, the Planning Commission shall make the following finding:

The proposed accessory building, accessory dwelling or detached rental unit in the area between the top of bank and the existing dwelling has been located and designed so that it preserves the predominant views both from and of the waterfront and the pre-existing appearance of the neighborhood. (O2003-12)

Chapter 17.52 SITE AND USE REGULATIONS (§ 17.52.010 – § 17.52.540)

Site and use regulations are applicable to sites in all or several districts. They are intended to ensure that new uses and development will contribute to and be harmonious with existing development and consistent with the policies

of the General Plan. These regulations shall be applied as specified in this title. (O2003-12)

A.

Intent. The intent of this section is to regulate accessory dwelling units and junior accessory dwelling units in residential zoning districts consistent with state law.

B.

Applicability.

1.

Each accessory dwelling unit or junior accessory dwelling unit shall require an accessory dwelling unit building permit or junior accessory dwelling unit building permit from the city.

2.

Except as otherwise provided herein, an accessory dwelling unit and/or junior accessory dwelling unit building permit application shall be approved ministerially by the Director if it meets the requirements set forth in this section and all other applicable zoning, building and health and safety codes.

3.

Subject to the limitations of Government Code section 66323, an accessory dwelling unit and/or junior accessory dwelling unit on a property included in the City's Historic Resources Inventory shall require historic clearance pursuant to Section 15.52.070(A).

4.

A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

5.

The city shall not issue a certificate of occupancy for an accessory dwelling unit or junior accessory dwelling unit before a certificate of occupancy is issued for the primary dwelling unit.

C.

Development standards. Each accessory dwelling unit and junior accessory dwelling unit shall comply with the following requirements:

1.

Location, density.

a.

The lot containing the proposed accessory dwelling unit or junior accessory dwelling unit shall be located within a zone that allows for residential uses and shall include a proposed or existing single-family or multi-family primary dwelling. Accessory dwelling units and junior accessory dwelling units are residential uses and deemed consistent with general plan and zoning designations that allow for residential uses and shall not be considered to exceed the density limitations applicable to the property.

b.

Except as otherwise provided in subsection (g) below, the total number of accessory dwelling units and/or junior accessory dwelling units per lot shall not exceed the number of accessory dwelling units and junior accessory dwelling units per lot allowed pursuant to Government Code section 66323(a)(1-4) or any successor provisions.

c.

No minimum lot size shall be required for approval of a permit for an accessory dwelling unit or junior accessory dwelling unit.

d.

For the purposes of calculating allowable density, an accessory dwelling unit or junior accessory dwelling unit is not counted as an additional unit.

e.

Notwithstanding any other provision of this Section, a detached accessory dwelling unit with a total floor area of 800 square feet shall be permitted on a lot with an existing or proposed primary dwelling unit consistent with the

requirements of Government Code section 66323(a)(2), or any successor provisions.

f.

Notwithstanding any other provision in this Section, an accessory dwelling unit or junior accessory dwelling unit shall not be permitted to be constructed on any property that has utilized the provisions of both Government Code sections 65852.21 and 66411.7 or any successor provisions.

g.

Bonus for Affordable Accessory Dwelling Units. One additional accessory dwelling unit per lot shall be permitted for every accessory dwelling unit on that same lot that is set aside as affordable to very low income or low income households (as defined in Section 15.94.020 of this code) for a period of not less than 10 years, or as affordable to moderate income households (as defined in Section 15.94.020 of this code) for a period of not less than 15 years, provided that the property owner executes an affordable housing agreement acceptable to the Director and approved as to form by the City Attorney. Each affordable housing agreement must be signed by the owner of the real property upon which the affordable accessory dwelling unit will be located, and recorded against such property prior to issuance of a building permit. For accessory dwelling units to be counted as affordable, the following qualifying criteria shall be met:

2.

Floor Area.

a.

Except for conversions, the total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet.

b.

The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the living area of the proposed or existing primary dwelling unless such restriction would result in a maximum size of less than 800 square feet, in which case 800 square feet shall be the permitted size.

c.

For conversions, the total floor area of the accessory dwelling unit shall not exceed the physical dimensions of the existing primary dwelling unit or accessory structure except that it may include an expansion of up to 150 square feet solely for the purpose of accommodating ingress and egress. This subsection (C)(2)(c) does not apply to proposed accessory dwelling units described in and meeting the requirements of Government Code section 66323(a)(4).

Coverage Limits and Exceptions. The accessory dwelling unit shall comply with the structural and impervious coverage limits of the applicable zoning district unless such coverage limits would prohibit the construction of an 800 square foot accessory dwelling unit. This subsection (C)(3) does not apply to proposed accessory dwelling units described in and meeting the requirements of Government Code section 66323(a).

4.

Setbacks.

a.

No setback is required for a conversion of an existing primary dwelling unit or accessory structure to an accessory dwelling unit or junior accessory dwelling unit or for an accessory dwelling unit that is constructed in the same location and to the same dimensions as an existing accessory structure, unless necessary for fire protection and safety.

b.

Except for conversions, a setback of four feet from the side and rear lot lines shall be required for each accessory dwelling unit or junior accessory dwelling unit.

c.

Except for conversions, accessory dwelling units shall comply with the front setback requirement of the underlying zoning district unless such setback would prevent the construction of an 800 square foot accessory dwelling unit in compliance with Government Code section 66323(a)(4) or any successor provisions. This subsection (C)(4)(c) does not apply to proposed accessory dwelling units described in and meeting the requirements of Government Code section 66323(a).

5.

Height.

a.

Attached and detached accessory dwelling units shall not exceed the heights listed in Government Code section 66321(b)(4) or any successor provisions, and shall comply with the design standards listed in subsection C(8) herein.

b.

No accessory dwelling unit shall exceed two stories in height.

c.

No height restriction shall apply to a junior accessory dwelling unit; however, the primary dwelling unit shall comply with any height restrictions for the zoning district.

6.

Access.

a.

Attached accessory dwelling units and conversions shall have independent exterior access from the primary dwelling unit.

b.

No passageway shall be required in conjunction with the construction of a detached accessory dwelling unit.

c.

If a junior accessory dwelling unit does not include a separate bathroom, it shall also include an interior entry to the main living area of the primary dwelling unit.

7.

Fire Sprinklers. Accessory dwelling units and junior accessory dwelling units shall not be required to have fire sprinklers if they are not required for the primary dwelling unit. Fire sprinklers shall be considered "required for the primary dwelling unit" in any of the following circumstances:

a.

When fire sprinklers are currently installed in the primary dwelling unit;

b.

When fire sprinklers will be installed in a new primary dwelling unit constructed concurrently with an accessory dwelling unit or junior accessory dwelling unit; or

c.

When fire sprinklers will be installed in an existing primary dwelling unit as the result of an addition to the primary dwelling unit, except for an addition solely for the purpose of constructing an accessory dwelling unit or junior accessory dwelling unit, which addition triggers any requirement for retroactive installation of fire sprinklers in the primary dwelling unit.

The construction of an accessory dwelling unit or junior accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in any existing dwelling.

8.

Design. The Director is authorized to adopt written, objective design standards applicable to accessory dwelling units and junior accessory dwelling units not in conflict with applicable provisions of the Government Code, including but not limited to Section 66323. Accessory dwelling units and junior accessory dwelling units shall comply with the following design standards:

a.

For second story units:

i.

The entrance to the accessory dwelling unit or junior accessory dwelling unit, porches/balconies, and stairs shall be oriented to face away from the nearest residential lot line. ii.

Windows that face an adjoining residential property shall be of clerestory design and/or utilize privacy glass, fencing or landscaping to prevent a direct line of sight to the adjoining residential property.

b.

Written objective design guidelines adopted by the Director prior to the submittal of an application.

9.

Additional Development Standards for Junior Accessory Dwelling Units.

a.

A junior accessory dwelling unit shall not be considered a separate or new dwelling unit for purposes of applying building or fire codes.

b.

The maximum floor area for a junior accessory dwelling unit shall not exceed five hundred (500) square feet. If the sanitation facility (i.e., bathroom) for the junior accessory dwelling unit is shared with the remainder of the singlefamily dwelling, it shall not be included in the square footage calculation for the junior accessory dwelling unit.

c.

A junior accessory dwelling unit shall include an efficiency kitchen, including a cooking facility with appliances and a food preparation counter and storage cabinets.

D.

Parking.

1.

Except as provided in Government Code sections 66322 and 66323 or any successor provisions, one off-street parking space shall be required for each accessory dwelling unit in addition to any off-street parking requirements for the existing primary dwelling unit. The required off-street parking for an accessory dwelling unit may be located in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. 2.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or wholly or partially converted to an accessory dwelling unit, replacement off-street parking is not required to be provided.

No parking shall be required for a junior accessory dwelling unit.

E.

Utilities, fees.

1.

Attached accessory dwelling units shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or be subject to related connection fees or capacity charges for utilities, unless the accessory dwelling unit is constructed with a new single-family dwelling.

2.

Junior accessory dwelling units shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or be subject to related connection fees or capacity charges for utilities.

3.

No impact fees shall be imposed on junior accessory dwelling units, or accessory dwelling units that are less than 750 square feet in floor area. For accessory dwelling units 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling. F.

Occupancy, sale/rent.

1.

The accessory dwelling unit and/or primary dwelling unit may be occupied by any person without rent or may be rented, except that if the lot contains a junior accessory dwelling unit then one of the units on the lot must be owner-occupied unless the owner is another governmental agency, land trust, or housing organization.

2.

The rental of an accessory dwelling unit or junior accessory dwelling unit shall be for a term longer than 30 days. 3.

Except as otherwise provided in Government Code Section 66341, no accessory dwelling unit may be sold or otherwise conveyed separately from the primary dwelling unit.

4.

No junior accessory dwelling unit shall be sold or otherwise conveyed separate from the primary dwelling unit. Prior to occupancy, the applicant shall record a deed restriction, which shall run with the land and be filed with the city, and shall include both of the following:

a.

A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single family residence, including a statement that the deed restriction may be enforced against future purchasers.

b.

A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this Section. G.

Correction of nonconformity. The city can condition approval of an accessory dwelling unit permit or junior accessory dwelling unit on the correction of any existing physical improvements on the lot that do not conform with current zoning standards, building codes, or permitting requirements, provided the improvements present a threat to public health and safety and are affected by the construction of the accessory dwelling unit or junior accessory dwelling unit.

(O2019-008, 12/17/19; O2020-004, 4/21/20; O2025-013, 9/2/2025)

A.

Each accessory structure in a residential district shall comply with the standards set forth in this section; with the exception that this section does not apply to: (i) any building intended for use as a dwelling unit; and (ii) any fence or sign.

Coverage. The floor area of each accessory structure placed in a side yard shall not exceed 50% of the area of the side yard. The floor area of each accessory structure placed in a rear yard shall not exceed 50% of the area of the rear yard.

2.

Height. No accessory structure shall exceed 15 feet in height. However: (a) the Community Development Director may grant an exception for an increase in height for an accessory structure up to 18 feet, in accordance with Chapter 17.56 (see Section 17.56.020); and (b) added height up to the limit allowed for the principal dwelling unit within the underlying zoning district may be granted with a use permit approved by the Planning Commission in accordance with the requirements of Chapter 17.60.

3.

Front Setback. Accessory structures may not be placed within the front setback of the principal dwelling unit.

4.

Side Setback. Accessory structures may not be placed within a side setback of the principal dwelling unit.

5.

Side/Rear Yards. Each accessory structure must be set back no less than three feet from the adjacent interior side lot line, and no less than three feet from the rear lot line. However, upon application from an applicant, the Chief Building Official may grant an exception for a lesser distance from the side or rear lot lines, if the Chief Building Official determines in writing that fire containment, drainage and maintenance issues have been adequately addressed by the applicant.

6.

Each accessory structure must be placed at least six feet from the nearest wall of the principal dwelling unit for structure separation, maintenance and to ensure accessible access.

7.

Accessory structures may not be used as living quarters or as a dwelling unit.

8.

A single-family dwelling must exist as the principal dwelling unit on the lot, or it shall be constructed prior to or concurrently with the accessory structure.

B.

Accessory structures with plumbing shall meet the following requirements in addition to those described in subsection A:

1.

An administrative permit shall be required for the following construction:

a.

Installation of a toilet or a three-inch drain line required for a toilet;

b.

The expansion or structural alteration (excluding ordinary maintenance) of an accessory structure that has a toilet or a three-inch drain line.

2.

Prior to issuance of a building permit, the property owner shall sign an agreement, approved by the Community Development Director and approved as to form by the City Attorney, that the accessory structure shall not be used for living quarters, cooking or sleeping purposes.

(O2016-6, 5/3/16)

A.

Purpose. Studies conducted by cities around the country that have been reviewed by the City of Napa demonstrate that adult-oriented businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses and residential areas causing, among other adverse secondary effects, an increase in crime and a decrease in property values. Special regulation of adult-oriented businesses is necessary, therefore, to ensure that their adverse secondary side effects will not contribute to an increase in crime rates or to

the blighting or deterioration of the areas in which they are located or in surrounding areas. The purpose and intent of these special regulations is to prevent the concentration of adult-oriented businesses, and other public places at which adult-oriented performances are conducted, and thereby prevent such adverse secondary side effects. The location requirements established by these regulations do not unreasonably restrict the establishment or operation of constitutionally protected adult-oriented businesses in the City of Napa, and a sufficient and reasonable number of appropriate locations for adult-oriented businesses are provided by this title.

B.

Definitions.

"Establishment of an adult-oriented business"

means any of the following:

a.

The opening or commencement of any adult-oriented business as a new business;

b.

The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business defined herein;

c.

The addition of any of the adult-oriented businesses defined herein to any other existing adult-oriented business; or

d.

The relocation of any such adult-oriented business.

"Specifed anatomical areas"

means and include any of the following:

a.

Less than completely and opaquely covered human: (1) genitals or pubic region; (2) buttocks; and (3) female breast below a point immediately above the top of the areola;

b.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered;

c.

Any device, costume or covering that simulates any of the body parts included in subsection (2)(a) or (2)(b). "Specifed sexual activities"

means and include any of the following, whether performed directly or indirectly through clothing or other covering:

a.

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;

b.

Sex acts, actual or simulated, including intercourse, oral copulation or sodomy;

c.

Masturbation, actual or simulated;

d.

Excretory functions as part of or in connection with any of the other activities described in subsections (3)(a) through (3)(c) above.

"Adult-oriented businesses"

means any one of the following:

a.

Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number

of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;

b.

Adult Bookstore. An establishment that has 30% or more of its stock in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas;

c.

Adult Cabaret. A nightclub, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;

d.

Adult Hotel/Motel. A hotel or motel or similar business establishment offering public accommodations for any form of consideration which: (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases or lets any room for less than a one-hour period, or rents, leases or lets any single room more than twice in a 24-hour period;

e.

Adult Motion Picture Theater. A business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and 30% or more of the number of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas;

f.

Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities;

g.

Modeling Studio. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists and which does not provide, permit or make available "specified sexual activities."

n of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists and which does not provide, permit or make available "specified sexual activities."

"Distinguished or characterized by an emphasis upon"

means and refer to the dominant or essential theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas.

"Public place"

means any area to which the public is invited or in which the public is permitted. "Regularly features"

with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified

anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

"Religious institution"

means a structure which is used primarily for religious worship and related religious activities. "School."

For purposes of this section school means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition does not include a vocational or professional institution of higher education, including a community or junior college, college or university.

"Semi-nude"

means a state of dress in which clothing covers no more than the genitals, pubic region, buttocks, areola of the female breast, as well as portions of the body covered by supporting straps or devices.

C.

Location of Adult-Oriented Businesses.

1.

Adult-oriented businesses shall be permitted uses only in the industrial park IP-C zoning district, and in the light industrial IL district on Kaiser Road and Enterprise Way, and shall be prohibited in all other locations.

2.

No adult-oriented business shall be permitted within 300 feet of any: (a) property zoned for residential use in existence on the effective date of this chapter; (b) park listed in Section 12.32.010 of this code on the effective date of the ordinance codified in this chapter; (c) school or day care facility in existence on the effective date of this chapter; or (d) state highway or (e) other adult-oriented business.

D.

Signs. The following provisions shall apply to signs erected or maintained for or in connection with an adultoriented business:

1.

No off-site signs shall be permitted.

2.

The total sign area, as defined in Chapter 17.55, Sign Ordinance, allowed in connection with any adult-oriented business shall not exceed 15 square feet. The area of signs affixed to or placed within windows which are visible from any public area shall be included for the purposes of this restriction. E.

Public Display of Certain Matter Prohibited. Materials offered for sale from or by an adult-oriented business shall not be displayed or exhibited in a manner which exposes to public view any pictures or illustrations depicting any "specified sexual activity" or any "specified anatomical area." Materials offered for sale or viewing at any adultoriented business shall not be displayed or exhibited in a manner which exposes any depiction of any "specified sexual activity" or any "specific anatomical area" to the view of persons outside the building or off the premises on which such adult-oriented business is located.

F.

Restrictions Cumulative. The restrictions set forth in this chapter are in addition to any other applicable provision of this code. In event of any conflict between any such provisions, the more restrictive shall apply. (O2003-12; O2019-001, 1/15/19)

A.

Specific Purpose. The specific purpose of these regulations is to minimize potential conflicts between agricultural and urban residential uses by providing appropriate agricultural buffer areas, thereby protecting the health, safety

and welfare of the residents of the city and contributing to the long-term preservation and maintenance of agricultural activities in Napa County.

B.

Required Provisions. Except as provided in subsection E of this section, the following provisions shall be required for all residentially zoned lots adjacent to the rural urban limit (RUL) line when development is proposed. 1.

An agricultural buffer plan to address the following requirements:

a.

Setback. A special agricultural setback of between 80 and 120 feet wide between any dwellings or other buildings designed for human habitation and the nearest residential property line(s) adjoining the RUL. The exact distance shall be based on the overall density of the proposed residential project as follows:

0-6 units/acre = 80-foot setback >6-10 units/acre = 100-foot setback >10 units/acre = 120-foot setback

Within the special agricultural setback, a permanent landscape buffer area at least 20 feet wide measured from the residential property line(s) adjoining the RUL and nearest agricultural property line(s) shall provide a clear boundary between urban and agricultural uses. The landscape buffer shall consist of a mix of trees, shrubs, berms, fences, walls, etc. sufficient to reduce noise, dust and diffuse light and act as a physical separation between the housing and agricultural activities, in a design acceptable to the Planning Commission (or Community Development Director in the case of single-family dwellings exempt from Planning Commission review). Final landscape plans shall specify that all plant materials be certified by the Napa County Agricultural Commissioner inspection program for freedom from the glassy winged sharpshooter or other pests. Except for buffer fences and walls, pump stations or similar improvements, no accessory structures shall be located within the landscape buffer area. The permanence of the landscape buffer shall be assured through appropriate easements or equally effective restrictions, and ongoing maintenance and funding mechanisms;

b.

Noise. Sound/noise reducing design and construction techniques (e.g., window-door orientation, use of double pane windows, etc.) to reduce interior noise levels from adjoining farm operations to acceptable levels as defined in the noise element of the General Plan;

c.

Covenant. A recorded covenant (to run with the land) that the property may be subjected to inconveniences or discomfort arising from agricultural operations. Such discomfort or inconveniences may include, but are not limited to: noise, odors, dust, chemicals, smoke, pests, spraying operation of machinery during any 24-hour period aircraft operation, and other potential nuisance problems associated with normal agricultural practices of adjoining properties. One or more of the inconveniences described above may occur even in the case of agricultural operations that are in conformance with existing laws and regulations and locally accepted customs and

standards. The covenant shall also state that the farmer/grower/rancher has the right to farm and the adjoining property owner may not sue to prevent such activities normally associated with agricultural activities. For rental properties, the property owner shall agree to notify tenants of right to farm provisions as part of subsequent rental agreements;

d.

Site Design. A project layout with streets that do not end at the RUL, to preclude a future extension into unincorporated areas outside the RUL.

C.

Submittal Requirements. The agricultural buffer plan shall be drawn to scale, be of sufficient clarity to indicate the nature and extent of proposed work including timing or phasing, and include the following information:

Name and address of owner;

2.

Name, address, professional status, license number, and phone number of the person who prepared the plan; 3.

Location and assessor's parcel number of the proposed site;

4.

North arrow, scale, and the name and location of the nearest public road intersection;

5.

Site plan showing special agricultural buffer in relation to property line(s) adjacent to the RUL line, adjacent property line(s), public streets and other features such as creeks or rivers, and lot(s), building envelopes and/or proposed buildings;

6.

Plans. Detailed construction plans showing how the project complies with the requirements of an agricultural buffer plan including, but not limited to, building materials, construction techniques and landscaping;

7.

Summary. A summary discussion of site design and proposed measures to mitigate the agricultural-urban residential land use conflicts including setbacks, landscaping, grading and special construction techniques, etc.

D.

Conditions of Approval. All approved agricultural buffer measures to mitigate agricultural-urban residential land use conflicts shall become conditions of approval of the project.

E.

Waivers.

1.

The Planning Commission (or Community Development Director in the case of single-family dwellings which are exempt from review by the Planning Commission) may, after consultation with the Agricultural Commissioner, waive the requirement for an agricultural buffer plan for projects where it can be clearly demonstrated that no agricultural-urban residential land use conflicts will result from the development of the property or where the requirement for an agricultural buffer plan meeting the above requirements would preclude the use of the property. An applicant requesting such a waiver shall submit sufficient information to substantiate the waiver.

2.

The Planning Commission (or Community Development Director in the case of single-family dwellings which are exempt from review by the Planning Commission) may, after consultation with the Agricultural Commissioner, also modify or substitute different requirements than those identified above for developments on a project specific basis if in their opinion different requirements will achieve the intended purpose of this section. In particular, the agricultural setback between any dwellings or other buildings designed for human habitation and the nearest residential property line(s) adjoining the RUL may be reduced where off-site roads, creeks or rivers provide additional setback distance between residential uses and agricultural activities.

3.

Further, the requirements of this section are waived for construction within an existing dwelling involving no expansion.

(O2003-12)

A.

Purpose. To provide for a range of accessory agricultural activities and maintenance of livestock on larger residentially-zoned properties within the city while minimizing impacts to surrounding properties. (Resource Area properties are subject to requirements of that district.)

B.

Required Provisions. An administrative permit is required for agricultural cultivation or animal keeping.

C. Standards.

1.

Properties must be one acre in size or larger to incorporate such uses.

2.

The following performance standards shall apply to the keeping of one or more horse, mule, donkey, cow, steer, goat, pig, sheep, duck, turkey; or the keeping of 15 or more chickens, rabbits, and similar small animals, but specifically excluding roosters, peacocks, guinea hens or geese prohibited by NMC Section 6.04.070 and beekeeping which is regulated pursuant to NMC Section 17.52.055, Beekeeping.

a.

Not more than one horse, mule, donkey, cow, steer, goat, pig or sheep shall be kept for each one-half acre of lot area;

b.

The closest point of any structure or fenced pasture where the animal(s) are to be kept is 40 feet distant from any dwelling on an adjacent lot.

3.

Animals listed in subsection (C)(2) are subject to individual case review, and may be subject to the following types of standards:

a.

Requirements for fences or fenced stockade areas; requirements regarding provision of food and water supply, such as supply locations, requirements for closed, rodent-proof containers, etc.;

b.

Requirements to secure or shelter animals at night to minimize possible noise impacts;

c.

Requirements to maintain sanitary conditions by regular cleanup;

d.

Limits on numbers of animals;

e.

Notice that the premises where the animal(s) is to be kept may require inspection by the County Agricultural Commissioner;

f.

On :HS hillside sites or other sensitive sites adjacent to watercourses or including wetlands, landscaped buffer areas and erosion control plans or other measures may be required to address environmental concerns. In approving the application, the Community Development Director may impose conditions deemed necessary to assure that the keeping of agricultural animals will not result in an adverse effect on the health, sanitation, safety or welfare of area residents or harm the environment.

4.

Cultivated agriculture activities shall require a grading and erosion control plan; notification to the Agricultural Commissioner, and, for development near watercourses or wetlands, notification to the Department of Fish and Game and/or Corps of Engineers, and consultation with the city's water division to address efficient use of water.

The Community Development Director may impose conditions deemed necessary to assure that the cultivated agricultural activities will not result in an adverse effect on the health, sanitation, safety or welfare of area residents or harm the environment.

(O2014-3, 3/4/14)

A.

Purpose. To provide for beekeeping as an accessory use in all zones within the city while minimizing impacts to surrounding properties and respecting the safety of persons that may be in close proximity to apiaries, beehives and bee colonies. Beekeeping can contribute to pollination, and better harvests in gardens, and by contributing to

pollination urban beekeeping is an important complement to urban food production and to the city's natural resources goals stated in the General Plan Update 2020.

B.

Applicability. Beekeeping shall only be allowed as specifically permitted within the land use regulations pertaining to the established zoning districts provided the regulations in this section are met:

1.

Unless otherwise provided in this code, apiaries shall be operated and maintained in accordance with the best management practices for beekeeping in Napa County developed by the Napa County Beekeeper's Association and as adopted by resolution of the City Council ("BMPs").

2.

It shall be the duty of every person owning, controlling or maintaining an apiary to adhere to the BMPs and maintain bees in a condition that will reasonably prevent swarming and aggressive behavior.

3.

It shall be the responsibility of the person owning, controlling or maintaining an apiary to provide adequate water for the bees to prevent bees from seeking water in neighborhood swimming pools, birdbaths, ponds or other community bodies of water.

4.

Apiaries shall consist of moveable comb hives in sound and useable condition.

5.

No side or rear setback shall be required, however the beehive entrance shall be situated behind screening that is six feet in height in accordance with standards for screening, barriers, fencing and the establishment of flyways as set forth in the BMPs.

6.

Apiaries shall not be located in a front setback as defined in NMC Section 17.06.030 and shall be situated behind screening that is six feet in height in accordance with standards for screening, barriers, fencing and the establishment of flyways as set forth in the BMPs.

7.

The suggested maximum number of beehives shall be calculated in accordance with the lot/acreage provisions in the BMPs.

8.

The provisions of this chapter, however, shall not authorize the keeping of honey bees in a manner constituting a public nuisance as defined in NMC Section 1.16.030. The City shall retain the right to abate any common law nuisance, or any nuisance as defined under California Civil Code Sections 3479 through 3480.

9.

In the park and open space zoning district (POS), apiaries shall be permitted when associated with educational organizations, farms or community gardens in areas designated by the city. C.

Right of Entry for Enforcement. City enforcement officers shall be empowered to enter upon any premises where honey bees are kept, or upon which there is reason to believe that bees are kept, in order to carry into effect the provisions of this chapter, in accordance with NMC Section 1.24.030.

D.

Beekeeping Registration. Any person owning, controlling or maintaining an apiary is encouraged to voluntarily register the apiary with the County of Napa Agricultural Commissioner prior to establishment of an apiary to ensure that notification of pesticide applications is received, pursuant to Section 29101 of the California Food and Agricultural Code.

E.

Violation—Remedies. In addition to remedies otherwise provided by law, a violation of this chapter may be enforced in any manner set forth under NMC Section 1.16.010.

F.

Compliance with State Law. Nothing in this chapter shall excuse compliance with state law applicable to apiaries. (O2014-3, 3/4/14)

A.

Purposes. The specific purposes of these standards are:

1.

To assist in preservation and adaptive reuse of city historic resources.

2.

To serve visitors to the Napa Valley.

3.

To assure compatibility with residential neighborhood surroundings.

4.

To mitigate impacts on local rental housing stock, to the extent permitted by state law.

B.

Use Permit Required. Bed and breakfast inns may be established with a use permit in buildings designated as being of historic and/or architectural significance on the city's Historic Resources Inventory, or through a subsequent historic survey.

C.

Standards. The following standards shall apply to the establishment of the bed and breakfast inn:

1.

On-Site Owner/Manager. The building must be the primary residence of the owner or manager of the bed and breakfast use; and

2.

Location and Size. Principal and accessory buildings may be used for bed and breakfast guest rooms. The majority of the guest rooms shall be in the principal building. Additions to either the principal building or accessory buildings shall be visually subordinate to the principal building. New accessory buildings are not encouraged, but may be acceptable if the applicant provides evidence and the city finds that there is no economically feasible way to restore the principal building without new accessory buildings. A waiver to the standard that the majority of the guest rooms shall be in the principal building may be requested for buildings over 3,000 square feet if the applicant can provide evidence and the city finds that there is no economically feasible way to restore the building without the additional rooms.

3.

Meals. There shall be only one meal, breakfast, served daily and limited to guests and owner/manager of the bed and breakfast inn.

4.

Parking. One parking space shall be provided for the owner/manager's unit and each guest room. On-site parking shall be designed and located to not detract from the residential and historic character of the site's buildings and grounds. Credit may be given in limited instances for on-street parking fronting the structure where a survey documents such parking is available and does not affect adjacent residential uses.

5.

Signs. Signs shall be limited to two square feet attached directly to the residential building or structure, unless a sign permit is obtained.

6.

Number of Guest Rooms. The number of guest rooms permitted will be determined based on the size of the existing building, grounds and site; the relationship of the site to the character, size and scale of surrounding neighborhood buildings; and visitor access and parking. In general, the number of guest rooms should not exceed 10.

Concentration of Inns. When a new B&B is proposed within 300 feet of another B&B, the decision-making body shall additionally find that the new B&B doesn't harm the character and livability of adjacent residential properties.

8.

Design. Rehabilitation Guidelines for Historic Properties contained in the Design Guidelines for the Napa Abajo/Fuller Park Historic District shall be utilized for B&B exterior remodels and additions.

9.

Moving Buildings. If a designated historic building is to be moved to a new location for a B&B use, it shall be the centerpiece of the B&B project, front on the main street, and fit with the architectural character of the neighborhood consistent with the residential design guidelines. An exception to these standards may be considered for historic buildings moved to a site that has an existing principal building (ranked a 1 or 2 on the Historic Resources Inventory) already fronting on the main street, and the additional moved building(s) would be compatible with the principal B&B building and the architectural character of the neighborhood.

10.

Multifamily Conversion Provisions. Except in the RO district, the provisions of Section 17.52.100(B) shall apply when the project application submitted after the effective date of date of the ordinance codified in this chapter proposes demolition, conversion or partial conversion of a multifamily building to bed and breakfast use, and there is a loss of one or more dwelling units.

11.

Single-Family Conversion Provisions. Except in the RO district, housing impact fees per Chapter 15.94 shall be imposed on the portion of the building being used for the B&B.

12.

In the RO district, the provisions of Section 17.12.040(M) shall apply when the project application submitted after the effective date of date of the ordinance codified in this chapter proposes demolition, conversion or partial conversion of any residential use, and there is a loss of one or more dwelling units.

D.

Findings. In addition to standard use permit findings in Chapter 17.60, the Planning Commission must make the following findings to approve a use permit for a bed and breakfast inn:

1.

The establishment of the bed and breakfast inn is consistent with General Plan policies regarding historic preservation and regarding the loss of rental units in the housing stock.

2.

The bed and breakfast inn use will not be detrimental to the historic or architectural character of the existing building(s).

3.

The bed and breakfast use is compatible with and will not be detrimental to the character of the neighborhood and surrounding land uses.

(O2003-12)

A.

Purpose. To assure that cocktail lounges, bars, card rooms and commercial recreation facilities are appropriately sited and will be designed to operate with minimal impacts on the surrounding neighborhood.

B.

Use Permit Review Criteria. The following items shall be taken into consideration in evaluating a use permit application for cocktail lounges, bars, nightclubs, billiard parlors, pool halls, video arcades, card rooms or any similar commercial place of entertainment.

1.

Comments from the Napa Police Department;

Appropriate hours of operation;

3. Potential for loitering;

4.

Adequate lighting for security purposes;

Distance to public/private schools;

Distance to areas used and zoned for residential use;

7.

Potential for serving alcoholic beverages;

8.

Potential need for annual review of use permit;

9.

Other information deemed necessary on a case-by-case basis. (O2003-12; O2020-009, 6/23/20)

A.

Purpose. The purpose of condominium conversion permits is to provide criteria for the conversion of existing multifamily dwelling rentals to residential condominium projects consistent with the following objectives: 1.

To reduce the impact of conversions on residents in multifamily dwelling rentals, who may be required to be relocated, by providing procedures for notification and adequate time and assistance for such relocation; 2.

To insure that the purchasers of such converted residential condominium projects have been properly informed about the physical condition of the structure which is offered for purchase;

3.

To insure that such converted residential condominium projects achieve high quality appearance and safety; 4.

To reduce the impact that conversions have upon the supply of multifamily dwelling rentals for lower and moderate income households (as defined by Section 17.52.130 of this code) to the extent permitted by state law; and

5.

To insure that such conversions are consistent with the goals, policies and programs of the General Plan. B.

General Provisions. The following provisions shall apply to the processing of a condominium conversion use permit:

1.

An existing multifamily dwelling rental shall not be converted to a residential condominium project unless a condominium conversion use permit has been issued pursuant to this section.

2.

Vacancy Rate. Not later than September 1st of each year the Planning Commission shall hold a public hearing to determine the multifamily rental vacancy rate based upon a sample of at least 80% of apartments over 20 units in

size, excluding apartments that also provide meal or maid services. New apartments are excluded from multifamily rental vacancy rate calculations for six months from the date of the certificate of occupancy while they are going through their initial "lease up" period.

3.

Housing Shortage Determination. The housing market shall be deemed to have a "severe rental housing shortage" if the multifamily rental vacancy rate is three percent or less and shall be deemed to have a "Rental Housing Shortage" if the multifamily rental vacancy rate is more than three percent but less than five percent.

Conversion Restrictions.

a.

For each annual cycle of applications (under subsection C), the total number of dwelling units approved for conversion pursuant to condominium conversion use permits shall not exceed the number of available conversion units (as defined by subsection (B)(4)(b) of this section).

b.

For each annual cycle of applications (under subsection C), the Community Development Director shall make a determination of the number of available conversion units, based on the Planning Commission determination of the multifamily rental vacancy rate. The number of available conversion units for any one year shall be determined as follows:

(1)

For any annual cycle in which the multifamily rental vacancy rate is less than five percent, there shall be no available conversion units.

(2)

For any annual cycle in which the multifamily rental vacancy rate is five percent or higher, the available conversion units shall equal the greater of: (A) the number of multifamily dwelling rental units for which building permits were issued during the one year period ending on the preceding July 31st, or (B) the difference (in multifamily dwelling rental units) between the multifamily rental vacancy rate and five percent.

c.

For each annual cycle, the Planning Commission shall hold a noticed public hearing on each condominium conversion use permit application, and shall adopt findings and recommendations for approval, conditional approval, or denial of each application in accordance with the requirements of this section for final City Council action. The City Council shall hold a noticed public hearing on each condominium conversion use permit application, shall consider the findings and recommendations of the Planning Commission and shall adopt findings in exercising its judgment to deny, approve, or conditionally approve one or more applications based on the relative merits of each application compared to the purpose and requirements of this section; provided, however, the total number of dwelling units approved for conversion shall not exceed the number of available conversion units. Applications filed but not determined to be complete may be rejected as incomplete.

d.

An application for a condominium conversion use permit cannot be made for a building that is less than 10 years old (age being measured from the date the building received its final approval from the building division of the Community Development Department).

e.

Unless the average proposed sale price is four times the current median income as estimated by the Department of Housing and Urban Development (HUD) for the Napa-Vallejo-Fairfield metropolitan statistical area (MSA) and this price can be substantiated by appropriate comparison sales, the minimum size project for conversion shall be 30 units. This requirement is intended to insure an adequate financial base for the homeowner's association.

5.

Density bonuses shall be provided in accordance with California Government Code Section 65915.5. C.

Application Required. An application on forms provided by the Community Development Director shall be required for a condominium conversion use permit. An application for a condominium conversion use permit may only be filed no earlier than 60 days, and no later than 120 days, after the Planning Commission establishes the multifamily rental vacancy rate pursuant to subsection (B)(2) of this section. In addition to the site plan, building elevations, landscape plans, etc. each application for a condominium conversion use permit shall contain the following information:

Engineering Report. A report from a structural engineer licensed by the state, other than the owner, detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion,

including without limitation roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, swimming pools, sprinkler systems for landscaping and fire protection systems; 2.

Building History. A building history report including date of construction of the project, and date and description of all major repairs to the structure and structural elements;

3.

CC&Rs. A copy of the proposed conditions, covenants and restrictions for the project;

Occupancy Report. A history of occupancy report including:

a.

Rental rate history for each type of unit in the project over the past five years,

b.

Makeup of existing tenant households, including family size, length of residence and age,

c.

Proposed sale prices of units and financial incentives offered to tenants, d.

Proposed homeowner's association or other similar owner organization responsible for the maintenance of any property held in common ownership,

e.

Names and addresses of all tenants at the time of filing an application;

Subdivision Application. A tentative subdivision map prepared pursuant to Title 16 of this code; 6.

Design Review Permit. Any changes to the building elevations or site plan shall also require a design review permit. 7.

Tenant Notice. Evidence of service by mail that the written notice of intention to convert required by subsection (E) (1) of this section was provided to each tenant 60 days prior to filing of the application. In no case shall an application be complete until this notice and the time requirements have been completed pursuant to state law; 8.

Any other information which the Community Development Director finds necessary to assist in the review of the application.

D.

Requirements for Approval. The following are the minimum requirements for the approval of a condominium conversion use permit:

1.

Housing Code. All residential buildings shall be in compliance with the minimum standards of the housing building code as adopted by the city (Title 15 of this code) which were in effect at the time of issuance of building permits. 2.

Building Code. All buildings shall be in compliance with the exit, occupancy, height, area, and sound transmission requirements for the type of construction and occupancy involved as required in the Building Code (Title 15 of this code) which were in effect at the time of issuance of building permits.

Zoning and General Plan. All buildings shall be in compliance with or legally nonconforming to this title and the goals and policies of the General Plan, in effect on the date of final map approval.

Subdivision. All conversion projects shall be subject to all applicable provisions of the Subdivision Map Act and Title 16 of this code.

5.

Unit Size. The following minimum size shall be met for each unit: 600 square feet for studio units, 700 square feet for one-bedroom units and 850 square feet for units with two or more bedrooms.

6.

Upgrades. Any structural or mechanical elements identified in the structural engineer's report as having a useful life of less than five years shall be replaced. The decision-making body may require that other elements be refurbished and restored in order to achieve high quality appearance and safety.

7.

Fire. Each living unit shall be provided with an approved smoke detection system. All other onsite fire protection systems shall be maintained in an operable condition at all times by the homeowner's association.

8.

Unit Storage. There shall be provided a minimum covered storage area of 40 square feet for each dwelling unit for storage of bicycles, patio furniture, garden tools, etc.

9.

Condominium conversion projects shall meet the condominium standards in Section 17.52.090 of this code for a Homeowner's Association, landscaping of common areas, parking, individual meters, laundry facilities, RV storage, and signs.

10.

Condominium conversion projects shall meet residential development project inclusionary requirements in Chapter 15.94 of this code.

11.

In addition to the above minimum requirements, criteria for evaluating condominium conversion projects shall include:

a.

The extent to which the applicant provides priority for Napa Valley employees and first time homebuyers;

b.

The extent to which discounted sales prices are offered to existing tenants;

c.

The extent to which other measures are provided to address needs of lower income, moderate income, elderly or disabled tenant households in the apartments proposed for conversion;

d.

The extent to which the units sold will remain as owner occupant units over time.

E.

Tenant Provisions. The following tenant provisions shall apply:

1.

Notice of Intent to Convert. Each tenant shall receive written notice of the intent to convert apartments to condominiums at least 60 days prior to filing of a condominium conversion use permit application; provided, however, for the annual cycle for the multifamily rental vacancy rate determination on August 18, 2005, each

tenant shall receive written notice of the intent to convert apartments to condominiums at least 30 days prior to filing of a condominium conversion use permit application. This notice shall contain:

a.

Name and address of the current owner;

b.

Name and address of the proposed subdivider;

c.

Notice of the tenants right to speak at any public hearing;

d.

Tenant's right to purchase and the terms thereof;

e.

Tenant's right of notification to vacate with approximate date the unit is to be vacated by;

f.

Statement of terms and conditions of tenancy;

g.

Provisions for moving expenses;

h.

Other information as required by the Community Development Department.

2.

Notice of Public Report. Each tenant shall receive at least 10 days' written notice that an application for a public report has been submitted to the department of real estate and that such report will be made available upon request.

3.

Notice of Final Map. Each tenant shall receive at least 10 days' written notice that the final map will be considered by the City Council.

4.

Notice of Right to Contract. Each tenant shall receive a written notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public or on terms more favorable to the tenant. This right shall run for a period of not less than 90 days from the date of issuance of the subdivision public report issued by the department of real estate, unless the tenant gives prior written notice of his or her intention not to exercise the right.

5.

Notice to Vacate. Each tenant shall receive written notice to vacate the unit. Such notice shall provide at least 180 days from the first notice to vacate the unit, including at least 30 days after the filing of the final map, provided that approval of a condominium conversion use permit shall not impair the length of term or any other rights of a tenant under a validly existing lease or tenant agreement.

6.

Terms. The tenancy shall be continued on the same terms and conditions after the date of approval of the tentative map.

7.

Relocation Payments. Each lower income household that does not purchase its unit shall receive moving expenses equal to no less than six times its current monthly rent.

8.

New Tenants Ineligible. All persons becoming tenants, after filing of the application for a condominium conversion use permit, shall be informed of the application to convert and shall not be eligible for moving expenses. F.

Findings Required. In approving a condominium conversion use permit, the decision-making body must make the following finding in addition to standard use permit findings:

The proposed conversion will not remove a significant number of lower and moderate income rental units

expressly reserved or generally used from the city's housing stock at a time when no equivalent housing is readily available in the community.

G.

Final Map Findings. In approving a final map authorized by a condominium conversion use permit the decisionmaking body must make the following finding:

All of the special notice requirements of subsection E of this section have been complied with consistent with the requirements of Government Code Section 66427.1.

(O3084; O4074; O2003-12; O2005 9; O2007 9)

The following zoning standards shall be observed for residential condominium projects, and single-family attached/detached projects in RM Districts. Additionally, nonresidential condominium projects shall meet the standards in subsections A, B, C, D, E, I, and K, below. Condo-hotels shall not be subject to this section but shall be governed by Section 17.52.095 of this chapter.

A.

Zoning Standards. Zoning standards of the district and of this title shall apply, except that lot area, setbacks and yards, lot frontage and width requirements shall apply to the exterior of the overall site. Within the site, lot area, coverage, setbacks and yards, lot frontage and width shall be determined by the subdivision application and clearly specified in the approval documents. Where flexibility for future building expansions is desired, such areas shall be specified.

B.

Homeowner's Association. A homeowner's association or other similar property owner's organization shall be established and conditions, covenants and restrictions prepared and recorded to maintain all open space and other improvements which are in common ownership and to establish operational standards for the complex. Even where no commonly owned property is proposed, projects over five units shall prepare and record conditions, covenants and restrictions (CC&Rs) and establish a homeowner's association or other similar property owners association to provide long term maintenance of shared private facilities that are part of the project improvements and guide future operation of the complex, such as parking access, maintenance of lots and residences; building alterations, setbacks and yards, etc.

C.

Common Areas Landscaped. All commonly owned open space areas shall be landscaped in accord with an approved landscaping plan. The landscaping shall generally be planned and developed in accord with the city's standards for landscaping.

D.

Parking. On-site parking shall be provided in accord with the parking and loading requirements contained in Chapter 17.54.

E.

Individual Meters. Each unit shall have its own gas and electric meter. Access to meters and heaters shall not require entry through another unit. A water shutoff valve shall be provided for each unit or for each plumbing fixture.

F.

Unit Storage. There shall be a minimum covered storage area of 60 cubic feet (minimum height of six feet eight inches and a depth or width of not less than two feet) for each dwelling unit with two or fewer bedrooms for storage of bicycles, patio furniture, garden tools, etc. An additional 20 cubic feet of storage with the same minimum dimensions shall be provided for each bedroom in excess of two.

G.

Laundry Facilities. Each unit shall have a laundry area for a washer and dryer. H.

Recreational Vehicle Storage. All boats and travel trailers shall be stored only within areas specifically designated for such storage on the approved plans; and such storage area shall be screened in accord with provisions of Section 17.52.350 (Outdoor storage screening). If no recreational vehicle storage area is included, the CC&Rs shall prohibit RV parking and storage.

I.

Signs.

1.

Project identification signs shall comply with provisions of Title 15.

The project shall contain a directory sign indicating the location and house number of units that do not front on public streets.

J.

Building Size. There shall be no single building with a length greater than 150 feet unless the Planning Commission finds that the design of the building mitigates any adverse effect of such length.

K.

Utilities. All utilities shall be installed underground.

(O2003-12; O2004 9; O2005 11)

A.

Purpose. The specific purposes of these regulations are to implement General Plan goals and policies to provide sufficient hotel rooms to support development of conference facilities in the downtown area, to protect the residential housing supply; to assure that condo-hotels are appropriately located, to mitigate potential impacts on parks and recreational facilities and other municipal resources; and to allow developers flexibility in the financing of hotel projects.

B.

Use Permit Required. No person shall construct a condo-hotel or convert any portion of any hotel or similar visitor accommodation to a condo-hotel without approval of a use permit under this section. A use permit for a condohotel may only be issued in those zoning districts where hotels or similar visitor accommodations are permitted. C.

Permitted Conversions. A hotel or similar visitor accommodation is the only use that may be converted to a condo-hotel.

D.

Findings Required. In approving a use permit for a condo-hotel, the decision-making body shall make the following findings in addition to standard use permit findings:

1.

An agreement in recordable form has been entered into with the city to ensure that the proposed condo-hotel will not adversely impact the city's ability to provide fire, police and other city services to the condo-hotel and adjacent and nearby neighborhoods, businesses and residences.

2.

CC&Rs and/or other documents satisfactory to the Community Development Director and City Attorney will be recorded to ensure the long term maintenance and operation of the condo-hotel in accordance with this chapter and the terms of any permits or approvals issued for the condo-hotel, to ensure that sufficient rooms will be available for transient occupancy purposes and to provide notice to future purchasers of the city's right to enforce the CC&Rs and/or other documents, this chapter and the terms of any permits or approvals issued for the condohotel.

E.

The following requirements shall be observed for condo-hotel projects:

1.

Zoning Standards. Zoning standards of the district and of this title shall apply. 2.

Landscaping. The condo-hotel shall be landscaped in accord with an approved landscaping plan. The landscaping shall generally be planned and developed in accord with the city's standards for landscaping. 3.

Parking. On-site parking shall be provided in accordance with the parking and loading requirements contained in Chapter 17.54 or as approved by the decision-making body.

4.

Utilities. All utilities shall be installed underground.

Owner's Association. An owner's association shall be established to govern, maintain and operate the condo-hotel and its services including, but not limited to, housekeeping for all public areas (including lobby and hallways), front desk, concierge services, etc., as a hotel in accordance with CC&Rs satisfactory to the city. The CC&Rs, as well as other relevant documents, shall require all portions of the condo-hotel including, but not limited to, landscape and open space areas; lobby; hallways; parking; banquet/ballroom facilities; conference; restaurant; retail; parking; recreational; and spa facilities; and other amenities and improvements (collectively "amenities"), as well as the individual condo-hotel units, their furniture, fixtures, equipment, to be maintained and operated in accordance with the First-Class Hotel Standard.

6.

Management of Condo-Hotel. The CC&Rs shall require the owner's association to hire a single qualified professional management entity to maintain and operate the condo-hotel. The management entity shall have at least five consecutive years of experience in the hotel management business in hotels that meet the First-Class Hotel Standard and have 10 other properties (nationally or internationally) under current management. The applicant shall provide the city with appropriate documentation to demonstrate that the management entity meets the requirements of this section. Upon application by the developer, the decision-making body may modify the experience standards for the management entity upon finding that the management entity has substitute experience meeting the interests served by the standards. The CC&Rs shall give the owner's association and management entity the right, power and obligation to enforce the First-Class Hotel Standard including, without limitation, the right to enter any portion of the condo-hotel, including individual condo-hotel units and cure any failure to meet the First-Class Hotel Standard. The management entity shall offer transient rental services to all owners of the condo-hotel units.

7.

Reporting and Inspection. Each owner of the individual condo-hotel units, the owner's association and management entity shall maintain and regularly make available to city such information, books, records, and documentation, and also shall allow reasonable access to individual units, as the city finds necessary to have or review in order to ensure that city may determine the condo-hotel's compliance with this chapter and other applicable city laws, regulations, project conditions and mitigation measures. The original and every subsequent management entity shall immediately advise the Community Development Director of its name, qualifications, address, telephone number and the name of a contact person.

8.

Use of Units. For each condo-hotel unit, the owner of the unit ("unit owner") is authorized to use the unit no more than 14 days per calendar year per unit; provided, however, the city may authorize, as a part of the condo-hotel use permit, each unit to be used by the unit owner for a specified number of additional days. If the condo-hotel use permit authorizes additional days, the total number of days each unit may be used by the unit owner shall not exceed 56 days per calendar year per unit, and shall not exceed 14 days per quarter per unit. For the purpose of this subsection, each "quarter" is defined as the three-month period of each year beginning on January 1, April 1st, July 1st, and October 1st. At all other times, each unit shall be used for transient occupancy purposes only; and no unit may be rented to any person(s) for more than 30 consecutive days.

9.

Compliance with Law. It shall be the responsibility of the applicant for a condo-hotel to comply with the requirements of Title 16 (subdivisions) of this code as well as all other applicable federal, state and local laws and regulations.

F.

In approving a use permit for a condo-hotel, the decision-making body may impose reasonable conditions of approval.

G.

The city may adopt such additional standards, policies and procedures that may be necessary or convenient to implement this section.

(O2005 11; O2008 14)

A.

Purpose. The purposes of these regulations are to encourage conservation of multifamily rental units, to the extent permitted by state law and to mitigate loss of residential use.

B.

Multifamily Conversion Provisions.

1.

A use permit is required where a project proposes to convert multifamily residential uses to a nonresidential use; the application was submitted after the effective date of date of the ordinance codified in this chapter and there would be loss of one or more dwelling units. This subsection shall not apply in light industrial, corporate park or tourist commercial General Plan categories that do not permit new residential uses.

2.

Tenant Provisions. The applicant shall have notified tenants of the application for conversion as follows:

a.

Notice of Intent. A notice of intent to convert shall be delivered to each existing tenant's apartment 60 days prior to the filing of a use permit application. This notice shall contain:

(1)

Name and address of the current owner;

(2)

Name and address of the proposed applicant;

(3)

Notice of the tenant's right to speak at any public hearing;

(4)

Notice that tenant will receive 180 days' notice to vacate;

(5)

Statement of terms and conditions of tenancy;

(6)

Provisions for moving expenses;

(7)

Other information as required by the Community Development Department.

b.

Notice to Vacate. After the filing of the use permit, each tenant shall receive at least 180 days written notice to vacate the unit, provided that approval of a use permit shall not impair the length of term or any other rights of a tenant under a validly existing lease or tenant agreement;

c.

The tenancy shall be continued on the same terms and conditions after the date of approval of the use permit; d.

Each lower income household forced to relocate due to conversion shall receive moving expenses equal to one and one-half times their current monthly rent;

e.

All persons becoming tenants after filing of the application to convert, shall be informed of the application to convert and shall not be eligible for moving expenses.

3.

Housing impact fees pursuant to Chapter 15.94 shall be imposed for all converted nonresidential square footage.

4.

Periods of Several Rental Housing Shortage. If at the time the use permit is submitted, the apartment vacancy rate, as established annually pursuant to Section 17.52.080(B)(2), is less than three percent multifamily residential

uses may not be converted to a nonresidential use unless the applicant submits a plan acceptable to the Housing Director that demonstrates how new multifamily housing will be added.

C.

Finding Required. In approving a conversion use permit, the decision-making body shall make the following finding in addition to standard use permit findings:

The proposed project demonstrates how multifamily residential units will be added to the city's housing stock to mitigate the loss of units to be converted.

D.

Single-Family Conversion Provisions and Conversions Occurring in Industrial and Tourist Commercial General Plan Categories. Housing impact fees pursuant to NMC Chapter 15.94 shall be imposed for all converted nonresidential square footage.

(O2003-12)

A.

Purpose. The purpose of this section is to implement requirements of Assembly Bill 1616 (Chapter 415, effective January 1, 2013), which amended state law, including, but not limited to, California Government Code Chapter 6.1 Part 1 of Division 1 of Title 5, Sections 109947, 110050, 110460, 11955, 113789, 114021, 114023, 114390, 114405, and 114409 and California Health and Safety Code Part 7 of Division 104, to allow for cottage food operations, establish standards for cottage food businesses as an accessory use to dwelling units, and to ensure compatibility with the residential character of the neighborhoods in which such businesses are located.

B.

Definition. "Cottage food operations" means an enterprise as defined by California Health and Safety Code Section 113758, holding a permit or registration issued by the county of Napa, and is generally an accessory business located within a residence where nonpotentially hazardous food products are prepared or packaged for direct, indirect, or direct and indirect sale to consumers.

C.

Applicability. A cottage food operation is an accessory use permitted in any legally established dwelling, subject to standards in subsections D and E, and is a distinct use different than a home occupation. Cottage food operations are not required to comply with the requirements of home occupations as defined in Section 17.52.240.

D.

Standards. Cottage food operations are permitted accessory uses to residences provided that all of the following standards are met:

1.

Size. The use is confined to the registered or permitted area, as defined by Section 113758 of the California Health and Safety Code and shall not exceed 200 square feet or 25% of the principal dwelling, attached or detached garage, or any other accessory structure. A garage may be used for storage only when sufficient parking spaces remain available to meet current residential parking standards.

2.

Indoors. The use, including any storage, is conducted entirely indoors within the principal dwelling, garages, or accessory structures.

3.

Immediate Family or Household Members Only. The use is carried on only by an immediate family member or household member occupying the dwelling, with no other person employed.

4.

Traffic. The operation shall not invite customers to the residence and the operation shall not transact business with customers at the residence.

5.

Signage. No on-site signage or advertisement identifying the cottage operation is permitted.

Vehicle. The use is allowed to keep up to one commercial vehicle on the premises as long as the commercial vehicle is parked inside the garage at all times when at home.

7.

Deliveries. Merchandise produced on the premises may be delivered to customers or clients. This subsection does not prohibit the operation from the delivery of merchandise from the residences to customers or the pick-up or delivery by commercial parcel service companies.

8.

No On-Site Dining. On-site dining or tasting events for customers are prohibited.

9.

County Authorization Required. The applicant shall furnish to the city evidence of the application for or issuance of the necessary permits and/or registration for operation from the county of Napa.

E.

Expanded Cottage Food Operations. Exceptions to the standards established in subsections D.3 and D.4 may be granted with the approval of an administrative permit for an expanded cottage food operation pursuant to Chapter 17.58 and provided that all of the following standards are met:

1.

Size. The use is confined to the registered or permitted area, as defined by Section 113758 of the California Health and Safety Code and shall not exceed 200 square feet or 25% of the principal dwelling, attached or detached garage, or any other accessory structure. A garage may be used for storage only when sufficient parking spaces remain available to meet current residential parking standards.

2.

Indoors. The use, including any storage, is conducted entirely indoors within the principal dwelling, garages, or accessory structures.

3.

Employee. One cottage food employee, as defined in Section 113758 of the California Health and Safety Code, is permitted to be employed by the cottage food operation in addition to any immediate family member or household member occupying the dwelling.

4.

Traffic. Direct sales, as defined in Section 113758 of the California Health and Safety Code, or third-party retailers at the expanded cottage food operation are limited to one customer at any given time; are limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 7:00 p.m. on weekends or legal holidays; shall be conducted entirely indoors pursuant to subsection 17.52.105.E.2; and no dining is permitted pursuant to subsection 17.52.105.E.8.

5.

Signage. One sign affixed near the entrance of the dwelling and no greater than one square foot in size may be permitted.

6.

Vehicle. The use is allowed to keep up to one commercial vehicle on the premises as long as the commercial vehicle is parked inside the garage at all times when at home.

7.

Deliveries. Merchandise produced on the premises may be delivered to customers or clients. This subsection does not prohibit the operation from the delivery of merchandise from the residences to customers or the pick-up or delivery by commercial parcel service companies.

8.

No On-Site Dining. On-site dining or tasting events for customers are prohibited.

9.

County Authorization Required. The applicant shall furnish to the city evidence of the application for or issuance of the necessary permits and/or registration for operation from the county of Napa.

(O2013-3, 5/21/13)

A.

Purpose. The purpose of these regulations is to implement General Plan policies pertaining to stream bank safety and protection and enhancement of riparian habitat corridors.

B.

General Provisions. The following requirements shall apply to lots adjacent to perennial or intermittent "blue line" streams identified on USGS maps, and other watercourses identified during individual project review.

1.

Streambank Stabilization. All development shall comply with public works streambank stabilization requirements for setbacks from banks of watercourses. These standards require a structure setback of 20 feet, except for an accessory structure less than 500 square feet in area, from the top of the creek, stream or riverbank. Top of bank means the highest elevation of land which confines flowing waters to their channel. Where the average depth of the bank is eight feet or greater, the required setback from the toe of the stream bank shall be two times the depth of the bank plus 20 feet unless special provisions for bank stabilization are installed as approved by the Public Works Director.

2.

Erosion Control. All development shall provide erosion control plans consistent with best management practices.

3.

Creek or Other Watercourse Information. All subdivision and design review applications shall map creeks or other watercourses on the site plan, as well as areas of existing vegetation along the creek or watercourse. Plans shall identify proposed setbacks, fencing and vegetation, and shall be referred for comment to the State Department of Fish and Game. A biologist report may be required to substantiate the design provided.

4.

Riparian Setbacks. The following standards shall be used in evaluating subdivision and design review permit applications:

a.

The project design provides setbacks from creeks and watercourses encompassing riparian habitat areas plus a root protection zone from the edge of the tree canopy;

b.

Where existing riparian habitat is partial or lacking on site but is adjacent to off-site riparian areas, a setback is provided to permit regrowth of riparian habitat corridors (the stream bank stabilization setback from top of bank is considered a typical minimum but setbacks shall consider the width of the off-site riparian areas);

c.

The setback area is retained as a habitat area, with development typically located outside of it, except for waterrelated construction such as bridges, docks;

d.

Appropriate indigenous riparian vegetation is proposed where restoration is needed;

e.

The riparian area is protected from casual access and encroachment through provision of attractive open fencing or similar barriers;

f.

In new subdivisions, yard requirements are met outside of the riparian setback.

5.

Lots Affected by Flood Protection Project. Development on lots adjacent to the Napa River or portions of Napa Creek affected by flood protection project improvements shall be consistent with flood protection project standards and requirements.

6.

Exempt: Where on-site conditions clearly demonstrate that the lot is not occupied by riparian vegetation and/or is not appropriate to revegetate (e.g., a parking lot or floodwall exists), the decision making body may determine that riparian setbacks are unnecessary.

7.

Waiver: The decision making body may grant a waiver of riparian setbacks if:

a.

An alternative project design adequately protects the value of the creek or watercourse to the satisfaction of the city after review by public wildlife agencies, or,

b.

Proposed setbacks would permit no reasonable use of the property.

(O2003-12)

A.

Purpose. The purpose of this section is to describe how General Plan residential densities and nonresidential floor area ratio (FAR) intensities shall be calculated for proposed residential projects, nonresidential projects, and for mixed use projects.

B.

Residential Densities.

1.

Definition. The General Plan establishes minimum and maximum densities for residential uses in all parts of the city. Residential density is a computation expressing number of dwelling units per acre based on the gross lot area prior to the dedication of any rights-of-way, public parks or other public areas. In cases where a project site encompasses more than one lot, the density may be averaged over the entire project site.

2.

Calculation. To calculate the minimum and maximum number of dwellings permitted on a lot, the lot square footage is divided by 43,560 (square feet in an acre). The resulting acreage is multiplied by the General Plan density range. If the result is greater than 0.50, a whole unit is permitted, provided that the maximum General Plan density is not exceeded except as allowed through density bonus or density flexibility provisions described in Sections 17.52.130 and 17.52.140.

Residential Density Calculation Example: Lot size: 20,000 sq. ft./43,560 = 0.46 acres General Plan density range: 3 to 8 units/acre 3 to 8 units/acre X .46 acres = 1.38 to 3.68 or (rounded) 1 to 3 units.

3.

Single Room Occupancy Density and Other Residential Facilities. SRO density shall be calculated as provided in Section 17.52.460 (SROs). Other residential facilities not involving dwelling units shall demonstrate that the project is equivalent in size to a residential project at densities permitted by the General Plan. C.

Floor Area Ratios (FARs).

1.

Definition. The General Plan establishes floor area ratios as the measure for nonresidential intensity in all parts of the city. The floor area ratio is a computation determined by dividing the total gross building floor area (square feet) by the land area of the lot. In cases where a project site encompasses several buildings on several lots, the floor area ratio may be combined and averaged over the entire project site.

2.

Calculation. To calculate the maximum floor area ratio, multiply the General Plan FAR X the lot square footage. The total gross floor area (square feet) of all floors of the building shall not exceed this amount.

Floor Area Ratio (FAR) Calculation Example:

General Plan FAR limit = 0.40 Lot size: 20,000 square feet 0.40 X 20,000 = 8,000 maximum building size

D.

Density and FAR Calculations in Residential Mixed Use Projects.

1.

Definitions and General Plan Background. Horizontal mixed use projects combine uses horizontally on a site, while vertical mixed use projects combine uses vertically in a building, e.g., retail on the ground floor and residential above. To provide an incentive for residential mixed use projects, the General Plan permits residential density and nonresidential FAR maximum limits to be added together. General Plan policies also establish minimum residential densities to address city housing needs. In new horizontal mixed use projects, minimum densities are applied to the residential portion of the mixed use site. In new vertical mixed use projects, minimum densities are calculated based on the residential portion of the mixed use building. Minimum densities do not apply when adding

residential units to existing nonresidential buildings because these sites have substantial physical constraints and the General Plan encourages the addition of units.

2.

Maximum FAR and Density Calculation. For all residential mixed use projects, the maximum density and FAR shall be the maximum FAR multiplied by the lot square footage plus the maximum density multiplied by the lot square footage converted to acres.

Maximum Residential Mixed Use Project Example (Vertical or Horizontal):

3.

Minimum FAR and Density Calculation.

a.

Horizontal Mixed Use. Where residential and nonresidential uses are developed in a horizontal pattern on a lot, the minimum density shall be the minimum density applied to the portion of the lot being used for the residential use. There is no minimum nonresidential FAR;

Minimum Density—Horizontal Residential Mixed Use Example:

b.

Vertical Mixed Use. Where residential and nonresidential uses are combined vertically in a building, the minimum density shall be determined by calculating the percent of the building proposed for residential use, applying that percent to the land area of the site, multiplied by the minimum density. There is no minimum nonresidential FAR; Minimum Density—Vertical Residential Mixed Use Example:

c.

Residential Additions to Existing Nonresidential Building. Where attached residential units are proposed to be added to an existing nonresidential building, minimum residential densities shall not apply. "Attached residential" for this purpose includes a single unit attached to a nonresidential building through a common wall or floor. (O2003-12; O2004 9)

A.

Purpose. The purpose of this section is to implement requirements of the State Density Bonus Law (California Government Code Title 7, Division 1, Chapter 4.3, Sections 65915, et seq.), and the city's Housing Element by specifying how the city shall provide density bonuses and other incentives, concessions, or waivers for certain housing projects affordable to lower income, very low income, senior citizen housing, moderate income condominium projects, and child care facilities.

B.

Definitions. All terms used in this section shall be interpreted in accordance with this code except to the extent otherwise defined and interpreted in accordance with the State Density Bonus Law.

"Afordable units"

mean and are limited to those dwelling units which are required to be rented at affordable rents or sold at an affordable sales price to households of specified income levels as described in Section 15.94.050.

"Concession or incentive"

is as defined in the State Density Bonus Law (see Government Code Section 65915, Subdivision (d), and Section 65915, Subdivision (k)).

"Condominium project"

is as defined in Civil Code Section 1351, Subdivision (f).

"Density bonus"

means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, as defined in the State Density Bonus Law (see Government Code Section 65915, Subdivision (f); and Section 65917.5, Subdivision (a), Paragraph (2)).

"Director"

means the Community Development Director, or a designee of the Community Development Director or the City Manager.

"Large project"

means a "housing development" (as defined by the State Density Bonus Law), generally consisting of five or more dwelling units (see Government Code Section 65915, Subdivision (i)).

"Lower income households"

are as defined by Health and Safety Code Section 50079.5.

"Moderate income households"

is as defined by Health and Safety Code Section 50093.

"Planned development" is as defined in Civil Code Section 1351, Subdivision (k).

"Small project"

means a project that includes the construction of fewer than five duplexes or triplexes in a zoning district that allows for the construction of duplexes and triplexes.

"State Density Bonus Law" means California Government Code Sections 65915 through 65918.

"Very low income households" are as defined by Health and Safety Code Section 50105.

C.

Large Project Applications.

1.

In order to submit a complete application to the city for a density bonus and other concessions or incentives for a large project, in accordance with the State Density Bonus Law, the application shall satisfy the following requirements:

a.

Identify the section and/or subdivision of the State Density Bonus Law under which the application is made (see Government Code Section 65915, subdivision (b), paragraph (2) for requirements related to lower income households, very low income households, senior citizen housing development, and moderate income common interest development; see Government Code Section 65915, subdivision (h) for donations of land; see Government Code Section 65915, subdivision (h) for child care facilities; and see Government Code Section 65915.5 for conversion of apartments to condominium projects).

b.

Quantify the total density bonus requested, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

c.

Identify any concessions or incentives requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

d.

Identify any waivers, reductions, or modifications of development standards requested by the applicant, along with the factual and legal basis for the request in accordance with the State Density Bonus Law and this code.

e.

Provide a preliminary sketch plan showing the context and compatibility of the proposed project within the surrounding area, the number, type, size, and location of buildings, and parking. The design of proposed affordable dwelling units shall be compatible with the market-rate dwelling units within the project.

f.

Provide information satisfactory to the Director to enable the city to determine whether the requirements of the State Density Bonus Law and this code have been met by the applicant, including, for example, the project cost per unit and whether any requested incentive or concession is necessary to make the housing units economically feasible. (See Government Code Section 65915, subdivision (d).) Such information may include capital costs, equity investment, debt service, projected revenues, operating expenses, and any other information deemed necessary by the Director.

2.

The Director shall review the information provided by the applicant and shall make a recommendation to the decision-making body for the proposed project regarding the density bonus and any requested concessions,

incentives, waivers, reductions, or modifications; or, alternatively, shall report to the decision-making body for the proposed project the bases upon which the Director recommends finding that the requested density bonus, concession, incentive, waiver, reduction, or modification is not authorized under the State Density Bonus Law and this code. To the extent the Director recommends the grant of a density bonus, concession, incentive, waiver, reduction, or modification, any such grant shall be conditioned upon the applicant's compliance with all relevant obligations set forth in the State Density Bonus Law and this code.

3.

The decision making body for the proposed project shall also make the final decision on behalf of the city related to any application submitted in accordance with this section, based on the Director's recommendation, and based on substantial evidence. Provided, however, the decision making body for any density bonus for a large project shall be made by the City Council.

4.

The developer shall pay any fee(s), as established by resolution of the City Council to implement this section, including, but not limited to, fees to process the request for a density bonus and/or other concessions, incentives, or waivers; prepare contracts and other documents; and monitor contracts and documents for compliance. Fees shall be paid prior to building permit issuance unless otherwise established by resolution.

5.

Affordable units under this section shall be constructed at the same time as the market-rate units. The right to a density bonus or any other concession, incentive, or waiver under this chapter shall not be transferred to another development. Where a developer proposes to simultaneously develop two or more parcels in the city, nothing in this section shall prohibit the city from using a density bonus and/or concession/incentive granted for one of the parcels on another of the multiple parcels.

6.

The developer and/or property owner shall provide the city a yearly accounting of the total project units occupied and vacant, the total occupied and vacant units designated for lower income households or very low income households, and rents charged.

D.

Small Project Requirements. An applicant may request a density bonus to construct a duplex or triplex in any residential district where duplexes and triplexes are allowed subject to meeting the following requirements. 1.

The total number of units in the overall project is fewer than five.

2.

No more than two such duplex or triplex buildings shall be constructed per block in accordance with this section. 3.

Any duplex or triplex unit that exceeds the general plan pod density range shall be affordable to very low income households or lower income households.

4.

The design of designated units shall be compatible with the nondesignated units within the project.

5.

The duplex or triplex shall meet residential design guidelines and other city zoning standards.

6.

The developer and/or property owner shall enter into an agreement with the city to ensure the continuing affordability of units designated for lower income households and very low income households for a term of at least 30 years.

7.

The developer and/or property owner shall provide the city with a yearly accounting of the total occupied and vacant units designated for lower income households or very low income households and the rents charged. E.

Land Donation.

1.

If an application for a large project submitted pursuant to this section includes a request for a density bonus based on an offer to donate land in accordance with the State Density Bonus Law (see Government Code Section 65915, Subdivision (g)), then a complete application shall (in addition to other requirements of this section) satisfy the following requirements:

a.

Identify the gross size and location of the parcel to be donated, along with the amount of developable acreage; b.

Identify a preliminary plan for development of at least 40 units affordable to very low income households on the developable acreage;

c.

Describe the public facilities and infrastructure that would serve the units on the donated parcel;

d.

Identify the name of the public or private entity to whom the parcel will be donated;

e.

Identify the means by which the parcel will be donated no later than the date of approval of the final subdivision map, parcel map, or residential development application.

2.

The city shall approve, modify or disapprove the application to donate land in accordance with the requirements of this section and the State Density Bonus Law (see Government Code Section 65915, Subdivision (g)).

3.

Unless the construction of at least 40 units affordable to very low income households on the donated land are the subject of a separate development application, the units shall be considered a part of the application for a tentative subdivision map, parcel map, or other residential development for purposes or review under the California Environmental Quality Act and other state and local laws and regulations.

F.

Supplemental Density Bonus. Density bonuses (or additional incentives or concessions) in excess of the maximum amount provided for under the State Density Bonus Law may be granted by the decision making body for the proposed project up to a maximum total of 100%. Developers wishing to apply for supplemental density bonuses, additional incentives or concessions shall provide evidence in their development application demonstrating that the proposed development project either provides affordable units in excess of the maximum percentage of affordable housing units for the different housing types set forth under the tables contained in California Government Code Section 65915(f), or that the proposed project incorporates amenities or public benefits that

justify an increase over the maximum bonus provided for under the State Density Bonus Law. The Director shall review the proposed supplemental density bonus application materials and make a recommendation to the decision making body for the proposed project. In determining whether to exercise discretion and approve a supplemental density bonus under this subsection, the decision making body for the proposed project may consider the following criteria: the provision of affordable units in excess of the requirements for the maximum density bonus under the State Density Bonus Law, high quality design that fits within the surrounding

neighborhood, superior mitigation of potential impacts on neighborhoods, provision of on-site underground parking, other project amenities or public benefits that contribute to the surrounding neighborhood or further the purposes and objectives of Chapter 15.94, or the inclusion of attractive and functional common space areas. (O2010 3, 1/26/10; O2011 2, 1/18/11)

In the multifamily (RM) district with a use permit, the city may approve a density that exceeds the "Pod" limit up to the maximum allowed by the multifamily residential General Plan land use category when: A.

Location. The project site is within one-half mile distance to a transit stop and services. "Services," for purposes of this section, mean retail centers where daily goods and services are provided such as markets, dry cleaners, pharmacies, delis and similar uses.

B.

Impacts. Project environmental impacts are mitigated.

C.

Inclusionary Units. The project constructs inclusionary units on site. See NMC Chapter 15.94.

D.

Design. The project provides high quality design that fits with the surrounding neighborhood and incorporates attractive and usable common/open areas.

E.

Amount of Increase. The amount of the use permit increase shall be based on the extent to which the project satisfies subsection D. Applicants may also be given credit for optional benefits.

F.

Optional Benefits. The project provides underground parking or the project provides specific benefits to the neighborhood (such as public trails, plaza, etc.).

(O2003-12)

Development agreements shall be governed by Resolution 83-176, adopted by the City Council on August 16, 1983, or as it may be subsequently amended, establishing procedures and requirements for the consideration of development agreements as provided for by state law.

(O2003-12)

Drive-through facilities/uses shall require a use permit and comply with the following standards: A.

Traffic and Circulation.

1.

The drive-through stacking lanes shall be separated physically (i.e., by raised curb or landscape planter) from the parking lot, and shall comply with the following capacity standards:

2.

The drive-through stacking lane shall be situated so that any over-flow parking from the stacking lane shall not spill out onto public streets or major circulation aisles of any parking lot. If the overflow is directed to the street, additional overflow capacity shall be 80% of required stacking.

3.

Pedestrian crossings of the drive-through lane are discouraged; if permitted they shall be clearly marked.

4.

Entrances and exits to drive-through facilities near high volume intersections shall be located to maximize the distances to the intersection. In general, locations to the side or rear of the site are encouraged.

5.

Confusing on-site circulation shall be avoided. Entrances to and exits from drive-through facilities should be at least 20 feet from the property line.

Up to two parking spaces for drive-through special orders may be required.

B.

Noise. Speakers at drive-through facilities shall not be audible from adjacent residential uses or disturbing to adjacent nonresidential uses. Sound attenuation walls or other mitigation measures shall be required as necessary. C.

Hours of Operation. Limited hours of operation shall be required where a drive-through facility could adversely affect nearby residential uses.

D.

Emission Control. Drive-through stacking lanes are discouraged adjacent to patios and other pedestrian use areas, and where adjacent buildings are within 30 feet of the proposed lane.

E.

Design. All drive-through facilities are a physical improvement subject to design review. Generally, the drivethrough facility shall be architecturally compatible with nearby structures, provide landscaping to buffer adjacent uses, and provide adequate lighting that is shielded from adjacent properties. Trash receptacles adequate to control litter shall also be required.

(O2003-12)

A.

Purpose. These regulations are intended to prevent fences, walls or hedges from becoming a detriment to the appearance and character of the community and to assure adequate sight distance at intersections and driveways.

B.

Height Limits. The following fence and wall height limits shall be met:

*All fences over six feet in height also require building permit.

C.

Vision Triangle at Driveways and Intersections. Fences, walls or dense planting in the form of hedges shall not exceed two feet in height when located in the vision triangle of a driveway or intersection (see Public Works Department standard specifications), however, fences that are at least 50% open shall be permitted up to three

feet in height. Trees located in the vision triangle shall be maintained to provide a clearance of seven and one-half feet.

D.

"Side on" or "Back on" Treatment.

1.

Definition. A "side on" or "back on" treatment is a combination of fences or walls and landscaping generally five to 10 feet wide within a street-facing side setback or rear yard (on a through lot).

"Side on" or "back on" treatment for subdivisions and new development projects is approved as part of the subdivision or design review application.

3.

"Side on" or "Back on" Treatment for Existing Lots. "Side on" or "back on" treatments for existing lots may be approved by the Community Development Director through an administrative design review permit. To approve a "side on" or "back on" treatment, the applicant shall provide fence/wall plans, and a landscape and irrigation plan for the area between the fence and property line. Said area shall be planted in accordance with the landscape plan and maintained in a healthy and attractive condition by the property owner. With such approval, fences may be the following heights within the side setback or rear yard on a through lot.

"Side on" or "Back on" Treatment Fence Heights:

E.

Retaining Walls. Retaining walls over three feet in height shall require design review, but are not otherwise subject to fence height requirements.

F.

Materials. In all districts, concertina wire, razor wire, broken glass on top of a fence/wall and electrified fences/walls are prohibited.

G.

Temporary Fences. With the approval of the Public Works Director, temporary security fences may be erected around construction sites during the time a valid building permit is in effect for construction on the premises. Temporary security fences need not comply with the above regulations and must be immediately removed upon completion of the construction authorized by the building permit.

(O2003-12; O2004 9)

A.

Purpose. To reduce risk to life and property from wild land fires.

B.

State law requires the California Department of Forestry and Fire Protection (CAL FIRE), to identify areas, or zones, as moderate, high, and very high fire hazard severity potential under the Fire and Resources Assessment Program (FRAP). These Fire Hazard Severity Zones (FHSZ) are mapped and identified based on expected burn probabilities, potential fuels over a 30- to 50-year time period, and their correlated expected fire behavior, in order to better predict possible vegetation fire exposure to buildings and developments.

C.

City Development Review Staff Consulted. The city designates the Fire Hazard Severity Zones as required by CAL FIRE pursuant to Government Code Section 51178. Fire hazard severity zones are specifically identified by the Office of the State Fire Marshal. City development review staff shall reference these maps and be consulted as part of initial project application submittals.

D.

Requirements for Wildland-Urban Interface Areas. Depending on fire hazard severity zone designation, the following may be required by city development review staff to analyze and address the following factors, including but not limited to:

1.

Development of fire protection plans.

2.

Development of landscape plans and long-term vegetation management.

3.

Creation and maintenance of defensible space to protect structures and subdivisions.

E.

Approval. Fire hazard reduction information shall be reviewed by city development review staff and incorporated as needed into project approvals.

(O2003-12; O2025-006, 6/3/2025)

A.

Purpose. To provide standards for the review and approval of flag lots as an alternative when conventional zoning standards prevent the effective utilization of property.

B.

Definition. Lots that have less than the minimum required frontage on a public or private street, have access to a public or private street by a narrow strip of land, and the largest portion of the lot is situated behind adjoining lots which front on a public or private street.

C.

Variations to District Standards. The density and development standards of the zoning district in which a property is located shall apply to a flag lot development except that:

1.

Lot frontage standards of the underlying district do not apply. The lot frontage shall be the width needed to meet access standards.

2.

Density and Lot Size. The panhandle portion of the lot shall be included when calculating residential densities, but excluded when determining compliance with minimum lot size standards. Unless the applicant can demonstrate that on-site turnaround, on-site guest parking and increased yards needed to address unusual lot configurations can be met, lot sizes may be required to be increased up to 20% over the district's minimum lot size.

3.

Setbacks and Yards. The Community Development Director shall determine the front, side and rear of a flag lot for purposes of identifying required district setbacks and yards, guided by the relationship of the lot to surrounding lot sand structures. In general, the flag lot yards should match the yard on adjacent lots. The panhandle portion of the lot shall be excluded when determining setbacks and yards. All setbacks and yards shall be shown on any tentative map or parcel map creating a flag lot.

D.

Other Standards.

1.

Access. The narrow strip of land (or "panhandle" portion of the lot) connecting the lot with a public or private street shall provide a minimum width and frontage to meet driveway standards, plus landscaping.

2.

Easements. Easements across adjoining properties may be used to provide the required access width.

3.

Setback. Where there is a 12-to 16-foot wide access to one or two flag lots, the setback from the edge of the access shall be five feet; this supersedes other sections of this code.

Fire. Fire Department standards shall be observed in the provision of access, turnarounds, clearance, road grades, distance to fire hydrants, etc.

5.

Fences. Fencing may be required by the Planning Commission on single-loaded panhandle driveways between the driveway and adjacent off-site properties, provided that the fence height shall not exceed three and one-half feet within the front setback of the adjacent off-site properties and shall meet "vision triangle" requirements.

6.

Parking. In addition to meeting parking requirements in Chapter 17.54, one additional on-site guest parking space shall be required. Forward entry to the public or private street is also required.

7.

Design Review. Design review is required in accordance with Chapter 17.62. Flag lot development shall meet the city's residential design guidelines.

(O2003-12)

A.

Purpose. To retain natural landforms while project review is completed.

B.

Applicability. No grading permit shall be issued for grading work, nor shall any grading occur, on any property while a project application for the property is under consideration by the city. This section does not apply to grading associated with an approved federal flood protection project, highway project or similar approved public works project that has no association with the private development application.

C.

After Project Approval. Following project approval by the city, final approval of grading plan(s) by the Public Works Director, may be issued by the Chief Building Official prior to issuance of a building permit or approval of the final subdivision map.

1.

For subdivisions, project approval is final approval (after expiration of the 10-day appeal period, if applicable) by the decision-making body of the tentative subdivision or parcel map;

2.

For projects requiring use permits, design review permits or similar discretionary permits, project approval is effective after expiration of the 10-day appeal period, if applicable. (O2003-12)

A.

Purpose. To provide an incentive for residential mixed use buildings when they are well designed and mitigate impacts.

B.

Provisions. A height bonus to 48 feet (four stories) in the CC and MU-G districts may be granted through a Planning Commission design review permit when the Commission finds that the mixed use building is well designed, impacts have been mitigated and residential uses occupy more than 50% of the floor area. The Commission must also find that the nonresidential component of the building is a complementary and viable part of the project (typically occupying at least 15% of the project square footage).

(O2003-12; O2004 2; O2012 4, 5/15/12)

A.

Exclusions. Maximum height limits specified in this title shall not apply to:

Church spires, belfries, domes, chimneys and cupolas;

Flagpoles;

Water tanks and towers, aids to navigation;

4.

Roof structures for the housing of elevators, other roof equipment used solely to operate and maintain a building, and screens for such equipment;

5.

Television and radio receiving antenna, excluding satellite dishes as defined in Section 17.52.410.

B.

Exclusions with Use Permit. With the approval of a use permit, height limits specified in this title may be exceeded for the following structures:

1.

Radio, television and telecommunications transmitting towers and antenna, excluding satellite dishes as defined in Section 17.52.410;

2.

Electric power transmission and distribution lines, poles and towers, to the extent these facilities may be regulated by the city;

3.

Monuments, windmills;

4.

Other structures which, in the opinion of the Community Development Director are similar to the above types of structures.

(O2003-12)

The city has adopted historic preservation regulations, found in Chapter 15.52, that pertain to properties on the most recent Historic Resources Inventory (which includes historic landmarks, landmark districts and neighborhood conservation properties) or any neighborhood designated by the City Council as a neighborhood conservation area. The most recent list of such properties is available in the Community Development Department. (O2003-12)

A.

Purpose. This section establishes standards for accessory home occupation businesses. The standards for home occupations are intended to insure compatibility with the residential character of the neighborhood, plus assure that home occupations are clearly accessory in relation to the primary residential use.

B.

Standards. Home occupations are permitted accessory uses to residences provided that all of the following standards are met:

1.

Size. The use is confined to an area not more than 200 square feet or 25% of the principal dwelling and attached garage, whichever is larger, and not more than 200 square feet total in any detached accessory building(s). A garage may be used for storage or workspace only when sufficient parking spaces remain available to meet current residential parking standards.

2.

Indoors. The use, including any storage, is conducted entirely indoors.

3.

Residents Only. The use is carried on only by the resident members of the household occupying the dwelling, with no other person employed.

4.

Traffic. The use does not generate customer or client traffic, deliveries by commercial vehicles other than pickup trucks or panel delivery trucks, or clients coming to the residence, except for the following:

a.

Giving music or dance lessons to no more than one student at a time up to six lessons in any one week of no more than one hour each;

b.

Parsonages, dressmaking, tailoring, color consulting or giving swimming lessons to no more than two persons at a time, up to six visits/lessons in any one week of no more than one hour each;

c.

Sale or transfer of firearms which involve no more than four customer trips per month. Each such sale or transfer shall be limited to not more than two firearms, however, the Community Development Director may authorize the sale or transfer of a larger number of firearms on up to two occasions in any 12-month period after receiving a written request not less than two weeks prior to the special sale or transfer. All firearms shall be stored in compliance with California Penal Code Section 12071(14);

d.

Other uses which in the opinion of the Community Development Director are similar in type and intensity to the above.

5.

Impacts. The use creates no noise, odor, glare, dust, vibrations, fumes or smoke readily discernible at the exterior boundaries of the single-family parcel, or outside the dwelling unit if the home occupation is in other than a singlefamily dwelling.

6.

Advertising. The business shall not list the residential address in any advertising, telephone listing or printed material. The business shall produce no evidence of its existence except for a post office box, a telephone listing, and signs limited to four square feet affixed to a vehicle authorized by subsection (B)(7).

7.

Vehicle. The use is allowed to keep up to one commercial vehicle on the premises as long as the commercial vehicle is parked inside the garage at all times when at home.

8.

Deliveries. Merchandise produced on the premises may be delivered to customers or clients. C.

Expanded Home Occupations. Exceptions to the above standards may be granted with the approval of a use permit for an expanded type of home occupation. The use permit for an expanded home occupation may be reviewed at regular intervals as established by the use permit.

D.

Findings. The Planning Commission must make the following findings to approve a use permit for an expanded home occupation:

1.

The establishment of the expanded home occupation is compatible with and will not be detrimental to the residential character of the neighborhood and surrounding uses; and

2.

The establishment of an expanded home occupation will not result in or contribute to an unacceptable concentration of nonresidential uses in the neighborhood where it has been proposed; and

3.

The establishment of an expanded home occupation will not result in excessive noise, traffic and parking congestion.

E.

Winery Home Occupation Standards. Winery uses may be considered a permitted home occupation subject to meeting the following standards in addition to those described in subsection B.

1.

Production of wine for retail/wholesale use is limited to a maximum eight barrels or 480 gallons per year.

No on-premises retail sales are permitted.

(O2003-12; O2005-17)

The relocation of a home listed on the Historic Resources Inventory shall require a certificate of appropriateness in accordance with NMC Chapter 15.52. Any house move requires design review to assure compatibility with the neighborhood in accordance with Chapter 17.62.

(O2003-12)

The construction of any structure on any lot is prohibited and declared unlawful, unless the lot has access to a public or private street, publicly owned parking facility, plaza, mall or other public access facility as may be provided in connection with an approved development plan.

(O2003-12)

Where a development project is proposed on more than one adjoining lot, the owner or owners of such lots shall merge such lots into a single lot when a building is proposed to cross the property line of the adjoining lots. The lots shall be merged prior to issuance of a building permit.

(O2003-12)

A.

Purpose, Scope, and Findings.

1.

The purpose and intent of this section (which may be referenced as the "Cannabis Ordinance") is to prohibit commercial cannabis activities. However, cannabis retailers and cannabis manufacturers that hold a valid Cannabis Establishment Clearance in accordance with this section are immune from enforcement by the City of the prohibition of commercial cannabis activities. It is also the purpose and intent of this section to regulate private cannabis cultivation in a manner that is consistent with state law and that protects the public health, safety, and welfare. The City Council finds that, in the absence of the regulations set forth in this section, the adverse impacts directly associated with the cultivation, manufacture, sale, and distribution of cannabis will pose a substantial threat to the public health, safety, and welfare of residents and businesses within the City. This section is not intended to, and does not, authorize the violation of state or Federal law.

2.

All references in this section to state laws and regulations are based on the state laws and regulations in effect at the time the ordinances codified in this section were adopted, and they are intended to include and incorporate any amendments to those state laws and regulations.

3.

This section was adopted initially to provide immunity for only medicinal cannabis retailers and cannabis manufacturers, and it was amended subsequently to include immunity for adult-use cannabis retailers. Any medicinal cannabis retailer who received a Cannabis Establishment Clearance prior to the amendment regarding adult-use cannabis: (a) will continue to have immunity as a medicinal cannabis retailer in accordance with this section; but (b) is prohibited from operating as an adult-use cannabis retailer without a Cannabis Establishment Clearance that expressly identifies clearance for an adult-use cannabis retailer.

B.

Definitions. The words, phrases and terms used in this section will have the meaning set forth in this subsection B unless another meaning is clearly apparent from the context.

"Adult-use cannabis retailer"

means any retailer of cannabis or cannabis products that are intended for adults who are 21 years of age and older. An adult-use cannabis retailer must possess an A-license, as defined in Business and Professions Code Section 26001(a).

"Business owner"

shall have the same meaning as the word "owner" set forth in California Business and Professions Code Section 26001(am), and California Code of Regulations Title 4, Division 19, Chapter 1, Article 1, Section 15003, which

generally includes, for each applicable commercial cannabis activity (whether an adult-use cannabis retailer, a medicinal cannabis retailer, or cannabis manufacturer), any of the following: (1) a person with an aggregate ownership interest of 20 percent or more, (2) the chief executive officer, (3) a member of the board of directors, and (4) a person who will be participating in the direction, control, or management of the commercial cannabis activity. "Cannabis"

whether an adult-use cannabis retailer, a medicinal cannabis retailer, or cannabis manufacturer), any of the following: (1) a person with an aggregate ownership interest of 20 percent or more, (2) the chief executive officer, (3) a member of the board of directors, and (4) a person who will be participating in the direction, control, or management of the commercial cannabis activity. "Cannabis"

shall have the meaning set forth in California Business and Professions Code Section 26001(e), which includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, "cannabis" does not mean "industrial hemp" as defined by California Health and Safety Code Section 11018.5.

"Cannabis Establishment Clearance"

shall have the meaning set forth in subsections (D)(2) through (D)(6), below.

"Cannabis manufacturer"

means a person or entity who engages in the "manufacture," as defined in California Business and Professions Code Section 26001(a)(h), of cannabis products and who possesses a license for cannabis manufacturing as described in California Business and Professions Code Section 26050(a) and the state regulations applicable to the manufacture of cannabis products.

"Cannabis product"

shall have the meaning set forth in California Business and Professions Code Section 26001(h), and California Code of Regulations Title 4, Division 19, Chapter 1, Article 1, Section 15000(j), which includes cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Cannabis retailer"

means any retailer of cannabis or cannabis products that possesses: an M-license (for a medicinal cannabis retailer), as defined in California Business and Professions Code section 26001(af); an A-license (for an adult-use cannabis retailer), as defined in California Business and Professions Code section 26001(a); or both an M-license and an A-license.

"Commercial cannabis activity"

shall have the meaning set forth in California Business and Professions Code Section 26001(j), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided in the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA," California Business and Professions Code Sections 26000 et seq.) and for which a state license or nonprofit license is required.

"Cultivation"

shall have the meaning set forth in California Business and Professions Code Section 26001(k), which includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. "Delivery"

means the commercial transfer of cannabis or cannabis products from a cannabis retailer located within the City to any other person or location, in accordance with State Cannabis Laws.

"Director"

means the Community Development Director, or a designee of the Community Development Director or City Manager.

"Medicinal cannabis"

or "medicinal cannabis product" shall have the meaning set forth in California Business and Professions Code Section 26001(ai), which includes cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation. "Medicinal cannabis retailer"

means any retailer of medicinal cannabis or medicinal cannabis products that possesses an M-license, as defined in California Business and Professions Code Section 26001(af).

"Person with an identifcation card"

shall have the meaning set forth in California Health and Safety Code Section 11362.7(c), which is an individual

who is a qualified patient who has applied for and received a valid identification card pursuant to California Health and Safety Code Division 10, Chapter 6, Article 2.5.

"Primary caregiver"

shall have the meaning set forth in California Health and Safety Code Sections 11362.5(e) and 11362.7(d), which includes an individual, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that patient.

"Qualifed patient"

shall have the meaning set forth in California Health and Safety Code Section 11362.7(f), which includes a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued pursuant to California Health and Safety Code Division 10, Chapter 6, Article 2.5. "Retail sale"

means any transaction whereby, for any consideration, title or possession to cannabis or cannabis products is transferred from one person to another.

"Retailer"

shall have the meaning set forth in California Business and Professions Code Sections 26001(at) and 26070(a)(1), which includes a person authorized to engage in the retail sale and delivery of cannabis or cannabis products to customers, and which requires the retailer to have a state licensed premises which is a physical location from which commercial cannabis activities are conducted.

"State Cannabis Laws"

means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medical Marijuana Program); California Business and Professions Code Sections 26000, et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General's Guidelines for the Security and Non-Diversion of Cannabis Grown for Medical Use issued in August 2019, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSA, particularly including California Code of Regulations Title 4, Division 19 (Department of Cannabis Control); any license issued pursuant to MAUCRSA; and all other applicable laws of the State of California.

"Youth oriented property"

means any property on which any of the following uses are located: (1) a child day care facility (as defined by California Health and Safety Code Section 1596.750, which includes a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis; and includes day care centers, employer-sponsored child care centers, and family day care homes); (2) a day care center (as defined by California Health and Safety Code Section 1596.76, including any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care

centers, and includes child care centers licensed pursuant to California Health and Safety Code Section 1596.951); (3) a youth center (as defined by California Health and Safety Code Section 11353.1, which includes any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities); (4) a public park or playground; or (5) a school (including any private or public educational facility providing instruction in kindergarten or grades 1 through 12).

C.

Commercial Cannabis Activities Prohibited.

1.

Commercial cannabis activities are prohibited in all zones in the City and shall not be established or operated anywhere in the City.

2.

No person may own, establish, open, operate, conduct, or manage a facility or property at which a commercial cannabis activity occurs in the City, or be the lessor of a facility or property where a commercial cannabis activity occurs.

D.

Limited Immunity for Cannabis Retailers and Cannabis Manufacturers.

1.

Notwithstanding the activities prohibited by this section, and notwithstanding that commercial cannabis activities are not and shall not become a permitted use in the City for so long as this section remains in effect, any cannabis retailer or cannabis manufacturer that complies with all of the requirements set forth in subsections A, B, and D through G of this section and all applicable State Cannabis Laws shall receive a limited immunity from enforcement by the City of any prohibition of commercial cannabis activities under any remedies available to the City under Chapters 1.16 through 1.26 of this code.

2.

No person shall receive the immunity provided by subsection (D)(1), above, unless: (a) the Director issues a Cannabis Establishment Clearance for the relevant commercial cannabis activity (adult-use cannabis retailer, medicinal cannabis retailer, or cannabis manufacturer), and the person continues to hold a valid Cannabis Establishment Clearance, in accordance with subsections (D)(2) through (D)(6); and (2) the person is operating in accordance with a valid Cannabis Establishment Clearance and a valid license issued by the state in accordance with State Cannabis Laws. A person may request a Cannabis Establishment Clearance ("Clearance Request") by submitting the information set forth in this subsection (D)(2) to the Director, on a form approved by the Director, accompanied by the payment of an administrative processing fee in an amount to be determined by City Council resolution, signed by the authorized representative of the business and the owner of the real property on which the cannabis retailer or cannabis manufacturer are proposed to operate. The Clearance Request shall include the following information:

a.

The name of the proposed cannabis retailer or cannabis manufacturer, including, if applicable, the name on file with the California Secretary of State and any fictitious business names and/or DBAs. b.

Whether the proposed business, establishment, or facility is a cannabis retailer or cannabis manufacturer.

c.

For cannabis retailers, whether the proposed business is a medicinal cannabis retailer, an adult-use cannabis retailer, or a combination of both types of cannabis retailers.

d.

The proposed location of the cannabis retailer or cannabis manufacturer that demonstrates compliance with the zoning and location restrictions set forth in this section.

e.

The names, addresses, and contact information for each business owner of the proposed cannabis retailer or cannabis manufacturer.

f.

If the proposed cannabis retailer or cannabis manufacturer is incorporated, the names, titles, addresses, and contact information of each corporate officer, the name, address, and contact information of the agent for service of process, a certified copy of the articles of incorporation, and a certified copy of the bylaws.

g.

If the proposed cannabis retailer or cannabis manufacturer is a partnership, the names, addresses, and contact information for each partner and the agent for service of process.

h.

The name and contact information for each manager of a proposed cannabis retailer or cannabis manufacturer. If such information is not available at the time the Clearance Request is submitted, the cannabis retailer or cannabis manufacturer shall submit such information to the Director as soon as it becomes available.

i.

For each business owner, a criminal history ("LiveScan") prepared not more than two weeks prior to the date of submitting the Clearance Request demonstrating that there are no pending charges or convictions for a felony, a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance within the previous ten years, and that the business owner is not currently on parole or probation for a felony, a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance. For each business owner, who becomes part of a medicinal cannabis retailer or cannabis manufacturer after a Cannabis Establishment Clearance is issued, the cannabis retailer or cannabis manufacturer must submit the required criminal history to the Director within two weeks of the new business owner joining the operation.

j.

A site plan and operations plan that demonstrate how the cannabis retailer or cannabis manufacturer has already complied or will comply with the requirements of this section.

k.

A copy of all required permits and certificates under title 15 (Buildings and Construction) of this code or a written acknowledgment that the cannabis retailer or cannabis manufacturer will obtain all required permits and certificates under title 15 prior to its opening, establishment, operation, and/or commencement.

l.

A written acknowledgment that a Cannabis Establishment Clearance issued under this section does not create, confer, or convey any vested rights or entitlement to operate a cannabis retailer or cannabis manufacturer at the proposed location or anywhere else in the City.

m.

The name, address, and contact information for the owner of the property on which the cannabis retailer or cannabis manufacturer will be located.

n.

A signed writing from the owner of the property on which the cannabis retailer or cannabis manufacturer is located consenting to the business owner's use of the property as a cannabis retailer or cannabis manufacturer.

o.

A signed writing from the business owner and the owner of the property on which the cannabis retailer or cannabis manufacturer is located agreeing to indemnify, defend (with an attorney selected by the City), and hold harmless the City from any claims, damages, legal actions, or enforcement actions arising from the use of the property as a cannabis retailer or cannabis manufacturer.

p.

Any supplemental information requested by the Director to establish compliance with the requirements of this section.

3.

If a Clearance Request is complete (containing all of the information required above), and the Director determines that the commercial cannabis activity is in compliance with all requirements of subsections A and B and D through G of this section, the Director shall issue a written Cannabis Establishment Clearance to the proposed cannabis retailer or cannabis manufacturer. The Cannabis Establishment Clearance shall document that the commercial cannabis activity is in compliance with all applicable local ordinances and regulations, in accordance with California Business and Professions Code Section 26055(g)(2)(C). For cannabis retailers, the Cannabis

Establishment Clearance shall also state whether it applies to a medicinal cannabis retailer, an adult-use cannabis retailer, or a combination of both types of cannabis retailers.

4.

No cannabis retailer may operate as an adult-use cannabis retailer or conduct any sales of adult-use cannabis and cannabis products unless that use is identified expressly in the Cannabis Establishment Clearance. Any Cannabis Establishment Clearance that does not expressly identify an adult-use cannabis retailer shall be interpreted as applying only to a medicinal cannabis retailer.

5.

A Cannabis Establishment Clearance is valid for one year from the date of issuance. In order to remain eligible for the immunity provided under subsection (D)(1), a cannabis retailer or cannabis manufacturer must submit a renewal application to the Director no earlier than 90 days, and no later than 30 days, prior to the expiration of the existing Cannabis Establishment Clearance. The renewal application must include a renewal fee, in an amount to be determined by City Council resolution, and all of the information required above for a Cannabis Establishment Clearance.

6.

A Cannabis Establishment Clearance is non-transferable to another person or entity or location.

E.

Zoning and Locational Restrictions.

1.

Cannabis Retailers.

a.

Cannabis retailers may only operate in the following zoning districts: Medical Office (OM), Light Industrial (IL), and Industrial Park-Area C (IP-C).

b.

No cannabis retailer may be located on a property that is within 600 feet of any youth oriented property.

c.

No cannabis retailer may be located on a property that directly abuts, or is directly across the street from, a residential zoning district; with the exception that a cannabis retailer may be located on a property directly abutting the back yard of a residential zoning district.

2.

Cannabis Manufacturers.

a.

Cannabis manufacturers may only operate in the following zoning districts: Light Industrial (IL), Industrial Park-Area A, B and C (IP-A, IP-B and IP-C).

b.

No cannabis manufacturers may be located on a property that is within 600 feet of any youth oriented property.

c.

No cannabis manufacturers may be located on a property that directly abuts, or is across the street from, a residential zoning district.

Measurement of Distance Separation Standards. The distance separation standards set forth in this section shall be the horizontal distance measured in a straight line from the property line of the youth oriented property to the closest property line of the lot on which the commercial cannabis activity (cannabis retailer or cannabis manufacturer) is proposed to be located without regard to intervening structures. This is consistent with California Business and Professions Code Section 26054 and California Health and Safety Code Section 11362.768.

4.

Exceptions for Distance Separation Standards.

a.

The distance separation standards set forth in this section may be reduced only to the extent that the Director determines, based on substantial evidence, that an impenetrable barrier to pedestrian access between the uses exists, so that the separation of the uses is functionally equivalent to the requirements of this section. For the purpose of this subsection, the phrase "impenetrable barrier" shall mean a location where there is no pedestrian crossing at either a state highway or a watercourse.

b.

The distance separation standards from youth oriented property set forth in this section shall not apply to any commercial cannabis activity if: (1) at the time the commercial cannabis activity first received a Cannabis Establishment Clearance from the City (in accordance with this section), there was no youth oriented property within 600 feet of the property on which the commercial cannabis activity is located, and (2) the commercial cannabis activity has continuously held a valid Cannabis Establishment Clearance (in accordance with this code). F.

Operational Requirements.

1.

A cannabis retailer or cannabis manufacturer must comply with all applicable State Cannabis Laws.

2.

A cannabis retailer may conduct retail sale of cannabis or cannabis products only between the hours of 7:00 a.m. and 8:00 p.m.

3.

A cannabis retailer or cannabis manufacturer must comply with all applicable provisions of title 15 of this code.

4.

A medicinal cannabis retailer may only sell, distribute, and/or provide medicinal cannabis and/or medicinal cannabis products to qualified patients, primary caregivers, or persons with an identification card who are 18 years of age or older.

5.

An adult-use cannabis retailer may only sell, distribute, and/or provide cannabis and/or cannabis products to individuals who are 21 years of age or older.

6.

Cannabis retailers that receive a Cannabis Establishment Clearance to operate as both a medicinal cannabis retailer and an adult-use cannabis retailer may sell, distribute, and/or provide cannabis and/or cannabis products to individuals identified in subdivisions (F)(4) and (F)(5) of this section.

7.

A cannabis retailer or cannabis manufacturer may not employ any person who is under 21 years of age. 8.

No person under 18 years of age shall be allowed on the property of a medicinal cannabis retailer, except that a person under 18 years of age may be allowed on the property of a medicinal cannabis retailer if he or she is a confirmed qualified patient and is accompanied by his or her licensed attending physician, parent or parents, or documented legal guardian, or is an emancipated minor as demonstrated by documentation.

With the exception of deliveries made in accordance with State Cannabis Laws, a cannabis retailer may not conduct, allow, or permit transactions and/or sales to occur outside of an enclosed building.

10.

A cannabis manufacturer shall not conduct or engage in the commercial or retail sales of any cannabis products on the premises of the cannabis manufacturer.

11.

No cannabis cultivation may occur on the property of a cannabis retailer or cannabis manufacturer.

12.

A cannabis retailer or cannabis manufacturer may not allow or permit the use, inhalation, smoking, eating, ingestion, or consumption of cannabis or cannabis products on the property of the cannabis retailer or cannabis manufacturer, including in the parking areas of such property.

13.

A cannabis retailer or cannabis manufacturer must utilize an odor-absorbing ventilation and exhaust system that ensures that cannabis odors generated inside the property are not detectable outside the property, anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the cannabis retailer or cannabis manufacturer.

14.

A cannabis retailer must have an electronic point of sale system that is integrated with the California Department of Cannabis Control track and trace system prior to engaging in any commercial cannabis activity, including the purchase, sale, test, packaging, transfer, transport, return, destruction, or disposal of any cannabis goods. The electronic point of sale system must be capable of producing an electronic or automatic paper record for all transactions associated with any product sold, rented, or otherwise provided to qualified patients, primary caregivers, persons with an identification card, or adults 21 years of age or older.

15.

Each cannabis retailer shall keep and maintain all financial records including, but not limited to, bank statements, sales invoices, receipts, tax records, and all records required by the California Department of Tax and Fee Administration (formerly Board of Equalization) under California Code of Regulations Title 18, Division 2, Sections 1698 and 4901.

16.

Criminal Background Requirements.

a.

No person who is currently charged with or has been convicted within the previous ten years of a felony, a felony or misdemeanor involving moral turpitude, or any crime involving the sale, possession for sale, manufacture, transportation, cultivation, or distribution of a controlled substance, shall be a business owner of a cannabis retailer or cannabis manufacturer. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere or no contest.

b.

Prior to commencing any work within or on behalf of a cannabis retailer or cannabis manufacturer, each business owner must complete a current criminal history background check that demonstrates compliance with subsection (F)(16)(a). Each criminal history background check must be updated every 12 months.

c.

A cannabis retailer or cannabis manufacturer shall maintain a complete register of each business owner working for and/or associated with the cannabis retailer or cannabis manufacturer, including a copy of each required criminal history background check. The register and required records must be made available for inspection by any City officer or official for purposes of determining compliance with this section. d.

A cannabis retailer or cannabis manufacturer shall notify the Police Chief in writing of any disqualifying conviction described in subsection (F)(16)(a) for a business owner within 10 days of the conviction.

e.

A cannabis retailer or cannabis manufacturer may submit to the Police Chief a written request for a waiver of the prohibition in subsection (F)(16)(a) with regard to a particular business owner on the ground that such person's involvement with the cannabis retailer or cannabis manufacturer will not pose a threat to public safety. If the Police Chief determines that the requesting party has not submitted a preponderance of evidence to support the conclusion that there is no threat to public safety, the Police Chief shall deny the request, subject to the appeal procedures before an administrative hearing officer, as set forth in Chapter 1.26. When responding to any request for a waiver under this section, and when determining whether a particular commercial cannabis activity with a particular business owner will not pose a threat to public safety, the Police Chief will take into consideration: (1) employers are prohibited from using the types of "criminal history" documented in California Code of Regulations Title 2, Division 4.1, Chapter 5, Subchapter 2, Article 2, Section 11017; and (2) the California Department of Cannabis Control will deny a license based on convictions that are substantially related to the qualifications, functions, or duties of the business for which the application is made, including criteria set forth in California Code of Regulations Title 4, Division 19, Chapter 1, Article 3, Sections 15017 and 15035.

17.

A cannabis retailer or cannabis manufacturer shall comply with all State Cannabis Laws related to adequate security practices on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft. The security practices shall include video surveillance cameras recording 24 hours per day, every day, with transmission control protocol capable of being accessed through the internet. The video surveillance cameras shall be installed to monitor the interior of the on-site secured storage area and main entrance and exterior of the premises to discourage loitering, crime, illegal or nuisance activities. Security video shall be maintained in accordance with State Cannabis Laws (currently a minimum of 90 days). The camera and recording system must be of adequate quality, color, rendition, and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. A professionally monitored robbery alarm system shall be installed and maintained in good working condition. 18.

At all times that a cannabis retailer is open for retail sales (see subsection F(2), above), there shall be at least two licensed security guards on the premises. One security guard shall be in the retail area of the retailer, and one security guard shall be at the door. All security personnel hired or contracted for the cannabis retailer shall be licensed by the California Bureau of Security and Investigative Services and shall comply with Chapters 11.4 and 11.5 of Division 3 of the Business and Professions Code.

A cannabis retailer or cannabis manufacturer shall provide the name, cell phone number, facsimile number, and e- mail address of a manager or representative who can be reached 24 hours a day in the event that the City decides to provide notice of an operating problem associated with the cannabis retailer or cannabis manufacturer. 20.

All window and exterior signage shall comply with Chapter 17.55, Sign Ordinance. Window signage at a cannabis retailer may not be placed in such a manner so as to obstruct a clear view of the interior of the cannabis retailer. 21.

The property on which a cannabis retailer or cannabis manufacturer is located must be maintained in compliance with Chapter 8.16 of this code.

Disposal of chemical, dangerous or hazardous waste must be conducted in a manner consistent with federal, state and local laws, regulations, rules or other requirements. Cannabis waste must be made unusable and unrecognizable prior to leaving the licensed premises by grinding it and incorporating it with fifty percent noncannabis waste.

A cannabis retailer or cannabis manufacturers shall notify the Director and the appropriate law enforcement authorities within twenty-four hours after discovering any of the following:

a.

Significant discrepancies identified during inventory;

b.

Diversion, theft, loss, or any criminal activity involving the cannabis retailer or cannabis manufacturer, or any agent or employee;

c.

The loss or unauthorized alteration of records related to cannabis, adult-use cannabis customers, medicinal cannabis patients, primary caregivers, or employees or agents of the cannabis retailer or cannabis manufacturer; or

d.

Any other breach of security.

A cannabis retailer or cannabis manufacturer must pay any applicable taxes pursuant to federal, state, and local law.

25.

A cannabis retailer must have access to off street parking in compliance with Chapter 17.54, onsite and adjacent to the public entry door, provided at a rate equal to one space for each 250 square feet of floor space. 26.

The public entry to the cannabis retailer must be visible from a public right-of-way. 27.

The area within 50 feet of the public entry door of the cannabis retailer shall be illuminated to a minimum of two foot-candles during the time between dusk and the permitted closing time of the cannabis retailer, which such lighting shall be subject to shielding as set forth in Section 17.14.040(L).

A cannabis retailer or cannabis manufacturer shall provide a secured storage area on-site. All cannabis and cannabis products shall be stored in this area during non-business hours. 29.

The display of cannabis for sale is allowed only in restricted access areas of a cannabis retailer, and shall not be visible from outside the cannabis retailer. A restricted access area must be supervised by a staff member of the cannabis retailer at all times when any "authorized customer" (as defined in this subsection, below) is present to ensure that only authorized customers are permitted to enter. When allowing authorized customers to a restricted access area, staff members shall make reasonable efforts to limit the number of authorized customers to the number of staff members in the restricted access area at any time.

a.

For the purpose of this subsection 17.52.275(F)(29), the phrase "authorized customer" means: (i) for a medicinal cannabis retailer, a qualified patient, a primary caregiver, or a person with an identification card; and (ii) for an adult-use cannabis retailer, an adult 21 years of age or older.

b.

Restricted access areas shall be secured and maintained separately from any lobby or waiting area, and shall be clearly identified by the posting of a sign which shall be not less than twelve inches wide and twelve inches long, composed of letters not less than one-half inch in height, which shall state: (i) for a medicinal cannabis retailer, "Restricted Access Area— Only Qualified Patients, Primary Caregivers, Persons With An Identification Card Allowed, or Adults 21 Years of Age or Older"; and (ii) for an adult-use cannabis retailer, "Restricted Access Area— Only Adults 21 Years of Age or Older Allowed."

No recommendations from a doctor shall be issued on the premises of a cannabis retailer or cannabis manufacturer.

31.

A cannabis retailer or cannabis manufacturer must comply with all development standards applicable to the zoning district in which the cannabis retailer or cannabis manufacturer is located.

G.

Inspection. City representatives may enter and inspect a cannabis retailer or cannabis manufacturer during regular business hours to ensure compliance and enforcement of the provisions of this section. It is unlawful for any property owner, landlord, lessee, or business owner, officer, partner, manager, or employee of a cannabis retailer or cannabis manufacturer to refuse to allow, impede, obstruct, or interfere with an inspection by City representatives.

H.

Enforcement.

1.

A cannabis retailer or cannabis manufacturer that violates any provision of this section or any applicable State Cannabis Law shall no longer be entitled to the limited immunity provided under Section 17.52.275(D).

2.

The operation of a cannabis retailer, cannabis manufacturer, or other commercial cannabis activity in violation of any provision of this section or any applicable State Cannabis Law is a violation of this code and a public nuisance and may be enforced by any available remedy under this code, including, but not limited to, the following:

a.

Any remedy identified in Section 1.16.050;

b.

Issuance of an administrative citation and/or compliance order under Chapter 1.24;

c.

Any other lawful remedy.

3.

Any person operating a commercial cannabis activity in violation of any provision of this section or misrepresenting any material fact in demonstrating compliance with the requirements for limited immunity is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars or imprisonment for not more than six months, or by both such fine and imprisonment.

I.

Cultivation. No person or entity may cultivate cannabis at any location in the City, except that a person may cultivate no more than six living cannabis plants per private residence, provided that all of the following conditions are met:

1.

The cultivation must be in compliance with all State Cannabis Laws (particularly California Health and Safety Code Sections 11362.1 and 11362.2).

2.

The cultivation, and any cannabis produced by the cultivation, must occur within a private residence or on the grounds of the private residence (e.g., in an outdoor garden area), and must be in a locked space that is not visible by normal unaided vision from a public place.

3.

Any private residence or interior space in which the cultivation occurs must be in compliance with all applicable requirements set forth in title 15 of this code. In particular, cultivation lighting shall not exceed 1,200 watts; and gas products (CO2, butane, propane, natural gas, etc.) must not be used for purposes of cultivation. 4.

Any private residence in which the cultivation occurs must maintain kitchen, bathrooms, and at least one bedroom for their intended use, and shall not use those areas for cultivation.

Adverse impacts of cultivation shall be mitigated so that a public nuisance, as defined by California Civil Code Section 3480, does not exist, including but not limited to adverse impacts of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or the use or storage of hazardous materials, processes, products, or wastes.

(O2017-018, 12/19/17; O2018-008, 6/19/18; O2019-001, 1/15/19; O2022-003, 1/18/22)

A.

Purpose. To describe objectives for horizontal and vertical mixed use development projects. The General Plan includes a "mixed use" land use category that allows and encourages varied land uses. In addition, several other commercial, office and the residential office land use categories provide for mixed use development.

B.

Definitions.

1.

Mixed Use. A mixed use project is an integrated combination of two or more land uses on a lot or lots included in a development permit application. Land uses may include retail, commercial, office, light manufacturing, attached residential uses, or other uses as permitted by the General Plan land use category and base zoning district.

2.

Horizontal Mixed Use. A development pattern that combines one type of use on one part of a lot or lots involved in a development permit with a second use on another part of the same lot(s).

3.

Vertical Mixed Use. A vertical mixed use project combines uses vertically in a building, such as retail on the ground floor with residential above.

C.

Development Objectives.

1.

To create a mix of uses that relate to and complement each other through site design, for example, through shared use of public spaces and landscape connections.

2.

To create a mix of uses that respond to their context and complement each other in their building design and street orientation.

3.

To facilitate linkages among uses on and off site through use of pedestrian, bicycle and circulation connections, shared access and parking.

4.

To address General Plan direction to include residential uses on key larger sites, and evaluate projects on smaller sites in accordance with the "mixed use" land use category description.

5.

To utilize the city's residential design guidelines for residential mixed use projects.

(See Section 17.52.120, Density and FAR Calculations, for calculating mixed use densities and floor area ratios.)

(O2003-12)

A.

Purposes. The purposes of this section are to:

1.

Provide criteria for the conversion of existing mobile home parks to other uses.

2.

Reduce the impact of such conversions on residents in mobile homes by providing procedures for notification and time and assistance for such relocation.

Reduce the impact that such conversions have upon the supply of mobile home spaces for low and moderate income persons and families in Napa.

4.

Insure that such conversions are consistent with the goals, policies and programs of the General Plan.

B.

Use Permit Required. The conversion of an existing mobile home park to another use, including a residential condominium project for mobile homes shall require a mobile home park conversion use permit. C.

Application Required.

1.

An application on forms provided by the Community Development Director shall be required for a mobile home park conversion use permit. In addition to the site plan, building elevations, landscape plans, etc. each application for a mobile home park conversion use permit shall contain the following information:

a.

A report which evaluates the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of the conversion on displaced residents, the report shall address the availability and affordability of adequate replacement space in mobile home parks in the community;

b.

A relocation plan which describes the actions that the applicant proposes to mitigate the impact of conversion on displaced residents including, but not limited to, locating space in other mobile home parks, providing financial assistance, providing temporary housing, and moving the mobile home to another park. The relocation plan shall emphasize assistance to full-time, low and moderate income residents;

c.

Names and addresses of all tenants at the time of filing an application;

d.

Applications related to reuse of the site, as applicable;

e.

Any other information which the Community Development Director deems necessary to assist in the review of the application.

D.

Tenant Provisions. The following tenant provisions shall apply to an application for a mobile home park conversion use permit:

1.

At least 30 days prior to a hearing on a mobile home park conversion use permit, the applicant shall provide each resident of the mobile home park with a copy of the report and relocation plan prepared pursuant to subsection C of this section. Evidence of service by mail to each resident shall be required prior to the Planning Commission hearing.

2.

The date on which the mobile home park is scheduled for conversion to another use (date of termination of tenancy) shall not be less than 180 days following the approval of a mobile home park conversion use permit;

3.

Space rents shall not be increased from the date of approval of the mobile home park conversion use permit; 4.

All new tenants, after filing of the application to convert, shall be informed of the application to convert and shall not be eligible for assistance under the relocation plan;

5.

Relocation assistance shall be provided per the approved relocation and assistance plan.

E.

Findings Required. In approving a mobile home park conversion use permit, the Planning Commission must make the following findings:

1.

There exists lands General Plan designated and zoned for replacement housing or adequate space in other mobile home parks for the residents who will be displaced.

2.

Reasonable mitigation measures are incorporated in the relocation and assistance plan and approved as part of this mobile home park conversion use permit.

3.

The relocation plan mitigates the impacts of the displacement of low-and moderate-income individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement. (O2003-12)

A.

Findings and Purpose.

1.

At the county-wide election on March 3, 1998, approximately 67% of the voters of Napa County approved Measure A, authorizing a one-half cent increase in the sales tax in the county to provide necessary funding for a flood control and protection project serving Napa County, including substantial flood control and protection improvements to be located in and to directly serve the City of Napa.

2.

The voter approval of the sales tax increase followed a comprehensive and unique effort on the part of the Napa community to forge agreement on the concept of the flood control and protection project to be funded by the measure. This effort included representatives from all segments of the community, including local governments from throughout the county, agriculture, wineries, business leaders, taxpayer groups and environmental protection organizations. The combined efforts by these individuals, entities and organizations culminated in an unprecedented consensus for a "Living River" concept for the flood control and protection project. The project currently has been characterized as the "Napa River/Napa Creek Flood Reduction Project" (the "project").

3.

Napa County in general and the City of Napa specifically have experienced repeated, devastating flood events, both over time and in recent years. Severe recent flood events have occurred in 1986, 1992 and 1995. Among other results, these events have resulted in substantial: loss of life; injury; property damage; economic losses; decline in tourism; interruption of government and business operations; and diminution in property values. These experiences and consequences led the City of Napa, along with local governments, business leaders and many others throughout the county to work so diligently over many years to create the unique cooperative community effort which culminated in the passage of Measure A.

4.

Currently, the actual and final scope and design of portions of the project to be funded by the Measure A funds are the subject of continuing planning and engineering design activities and supplemental environmental studies by the United States Corps of Engineers, which is sharing in the funding for the project, and the Napa County Flood Control and Water Conservation District (the "district"). The completions of these planning and engineering design activities are ongoing and phased by section of the river. As each section is designed and engineered, properties and/or easements are acquired by the district, and construction then commences.

5.

Many properties along and near the Napa River and Napa Creek continue to need to be acquired in full, in part, or through easements in order to allow development of the project. Many such properties because of their susceptibility to flooding and sensitive environmental characteristics are not appropriate for more intensive urban development.

6.

It is vital to the success of the project, and thus the health, safety and general welfare of the City of Napa, that those certain properties or portions of properties currently under consideration for acquisition for the project be maintained substantially in their current use, status and intensity of development to allow for the orderly, thoughtful and sensible completion of the studies currently underway in preparation for the construction of the project. Development of those properties or portions thereof with new, more intensive uses and buildings, improvements and structures prior to the completion of the planning and engineering design activities currently underway would be wasteful and contrary to common sense in that such uses, buildings, improvements and structures likely would be required to be removed shortly thereafter. Such development and uses would also be inconsistent with the baseline assumptions of the planning and engineering studies, thereby possibly frustrating, delaying and otherwise impeding the orderly completion of the project, all to the great detriment of the health, safety and general welfare of the City of Napa.

7.

Limitation of the uses of properties or portions thereof currently under consideration for acquisition in connection with the project, and prohibition of development and intensification of use of such properties or portions thereof beyond existing and other specified, limited uses, therefore, are necessary and vital to effectively allow for the orderly completion of the consideration and study of the issues associated with the project, and in turn for the health, safety and general welfare of the City of Napa.

8.

This chapter will in no manner have an impact of any kind upon the supply of residential units available in the city or elsewhere in Napa County, nor will it frustrate or impede the development of affordable housing in the city or county, because residential uses and construction are already substantially limited by existing floodplain development requirements and restrictions on the parcels affected by this chapter.

B.

Limitations on Development and Intensification of Uses of Properties Included In Napa River/Napa Creek Flood Reduction Project.

1.

Notwithstanding any provision to the contrary contained in the city's General Plan, zoning ordinance or any other city ordinance, code or resolution, no property or parcel within the Napa River/Napa Creek Flood Reduction Project ("the project"), which such parcels and properties, as well as the tentative and projected areas and boundaries of acquisition, are listed and depicted on Exhibits "A" and "B" available in the Community Development Department, incorporated herein by this reference, shall be approved, permitted, developed, used, modified or in any manner authorized for the following:

a.

Any use which, as determined by the city's Community Development Director after consultation with the Project Manager, is different from or is more intensive than the current use of such property or parcel, as of the effective date of the ordinance codified in this chapter, except as otherwise expressly authorized by this chapter; provided, however, that nothing herein shall limit or prohibit a different or new use which is less intensive, as determined by the Community Development Director after consultation with the project manager, than a use existing as of the effective date of the ordinance codified in this chapter;

b.

Any construction or development of any new residential, industrial or commercial unit, building, structure or other improvement, not in existence as of the effective date of the ordinance codified in this chapter, except as otherwise expressly authorized by this chapter.

C.

Exceptions.

This chapter shall not apply to, prohibit or limit any routine repair or replacement of existing appliances or utility services, or routine maintenance or repairs of an existing residential, commercial, industrial building, structure or improvement the total cost of which individually or cumulatively for the period of this chapter does not exceed $10,000.00.

2.

This chapter shall not apply to, prohibit or limit any of the following uses, activities, applications, projects or proposals, subject to the requirement that a written determination of approval first be obtained from the Community Development Director, after consultation with the project manager:

a.

Any remodeling, restoration, routine maintenance, reconstruction or rehabilitation of an existing residential, industrial or commercial building, structure or improvement which neither: (1) increases the total square footage of the building, structure or improvement nor (2) involves actual construction costs exceeding 25% of the fair market value of the building, structure, or improvement as of the effective date of this chapter, as demonstrated by an appraisal prepared by a properly-qualified appraiser. Where the total cost of any remodeling, restoration, routine maintenance, reconstruction or rehabilitation not otherwise exempt under subsection A of this section does not exceed $20,000.00, the determination by the Community Development Director shall be final and non-appealable, and the appraisal required by this section may be made either by declaration under penalty or perjury by the property owner, and/or by a licensed realtor;

b.

With respect to any property or parcel which as of the effective date of the ordinance codified in this chapter is vacant and undeveloped, any use which is temporary in nature; involves no permanent buildings, structures or improvements; complies with flood evacuation and other applicable health and safety requirements imposed pursuant to federal, state or local regulations; and in the determination of the Community Development Director, will not materially frustrate, impede or delay the orderly, timely and efficient implementation or completion of any part of the project. Such uses may include, but shall not be limited to, arts and crafts fairs, carnivals and similar events, theatrical productions, community gardens;

c.

Any development, use, structure, building, improvement or project which has received and holds, as of the effective date of this chapter a valid discretionary approval from the city, including without limitation a planned development (PD), use permit, design or architectural review, development agreement, tentative subdivision map or waiver, exception or variance approved pursuant to urgency Ordinance Nos. O98-020, O98-025, O98-032, O1999 24 and O2000 11;

d.

As to any parcel or property only a portion of which is affected by project improvements as shown on Exhibit B available in the Community Development Department, any use, building, improvement or structure on the remaining portion of the parcel or property to the extent otherwise permitted or conditionally permitted pursuant to this title, and to the extent the Community Development Director determines that such use, building, improvement or structure will not materially frustrate, delay or impede, or be detrimental to the orderly consideration, study and implementation of the project. Where the total cost of any remodeling, restoration, routine maintenance, reconstruction or rehabilitation not otherwise exempt under subsection A of this section does not exceed $20,000.00, the determination by the Community Development Director shall be final and non-appealable, and the appraisal required by this section may be made either by declaration under penalty or perjury by the property owner, and/or by a licensed realtor.

3.

Any other use, project, building, improvement or structure for which the Planning Commission finds, upon written application, that an exception: (a) is necessary: (1) because of some unique attribute of the property, and (2) to avoid constitutional violation, inconsistency with state or federal law, or severe, undue hardship, other than mere loss or delay of expected profits, diminution of property value or hardship created by the applicant; or (b) will not

materially frustrate, delay or be detrimental to the orderly consideration, study and implementation of the project. Any application for an exception under this section shall be denied unless it includes a detailed statement of each factual and legal basis therefor. Approval of an exception pursuant to this section shall not eliminate or reduce any requirement under Chapter 17.64 (Variances) or any other provision of this code.

D.

Effective Date and Limited Term. This chapter shall lapse and shall be of no further force and effect upon the completion of the project. "Completion" shall occur when the flood project manager of the Napa County Flood Control and Water Conservation District notifies the City Council of the City of Napa in writing that the ordinance is no longer necessary.

(O2003-12)

A.

Public Address Systems. Noise control regulations related to outdoor public address/amplification (PA) systems, except for PA systems associated with an approved discretionary permit, are regulated in accordance with Section 8.08.010 of the Napa Municipal Code, or, in city parks, in accordance with Chapter 12.40.

B.

Commercial Activity. Noise related to commercial activity is regulated per Section 8.08.020 of the municipal code. C.

Construction Activity. Noise related to construction activities is regulated per Section 8.08.025 of the municipal code.

D.

Development Projects. Development projects shall address noise standards and policies in the General Plan as follows:

1.

Proposed residential projects and other noise sensitive land uses (such as but not limited to schools and residential care facilities) within 60 dB CNEL contours of highways, arterials and some collectors listed in the General Plan Table 8-2 shall prepare a noise analysis as part of the project's CEQA review to identify how 60 dB CNEL noise standards will be met and incorporate needed noise attenuation measures.

2.

Proposed nonresidential projects that in the opinion of the Community Development Director could generate noise that would, at the boundary of adjacent residential district properties, increase ambient noise levels by five dB CNEL or more, or in excess of 60 dB CNEL, shall prepare a noise analysis as part of the project's CEQA review to identify anticipated noise levels and recommend noise attenuation measures to maintain ambient levels and to keep levels below 60 dB CNEL. Such measures shall be incorporated into the project approval.

3.

Nonresidential projects adjacent to residential districts shall locate or design potential noise generation areas, such as, but not limited to, truck parking and loading docks, garbage collection areas, to minimize impacts on adjacent sensitive uses to the extent feasible.

(O2003-12)

A.

Purpose. Legally established existing uses, structures, and lots that do not conform to the regulations of the zoning district in which they are located are nonconforming, and shall be subject to these specific regulations. The intent of the regulations is to permit the continued operation of such uses, structures and lots while controlling, reducing or eliminating conflicts arising from the presence of uses and structures not conforming to district regulations and providing for the gradual elimination of incompatible or nuisance uses.

B.

Nonconforming Uses. A nonconforming use is a legally established use of land which is not permitted in the zoning district in which it is located, or a use which is allowed by use permit but for which no use permit has been obtained, because the use was established prior to the application of the existing district due to annexation, or

changes in the General Plan and/or implementing zoning regulations. Legally established nonconforming uses shall be governed by the following regulations:

1.

Nonconforming uses may continue indefinitely, subject to the provisions of this section.

2.

A nonconforming use shall not be expanded, except upon the approval of a use permit. In addition to standard use permit findings, the Planning Commission must make the following finding to approve such a use permit: The proposed expansion of a nonconforming use will not be detrimental to any existing or potential permitted use in the area in which the nonconforming use is located.

3.

A nonconforming use may be changed to another nonconforming use of the same or lesser intensity than the previous nonconforming use upon the judgment of the Community Development Director. In order to approve the change, the Community Development Director must make the following written findings:

a.

The proposed nonconforming use is of the same or lesser intensity than the previous nonconforming use (e.g., fewer employees, reduced storage capacity, reduced hours of operation, etc.); and

b.

The proposed nonconforming use will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city.

4.

A residential use that exceeds the density permitted by the General Plan and/or zoning district in which it is located is a nonconforming use, and the density may not be increased. However, buildings or structures on the lot on which such nonconforming residential use is located may be replaced or expanded upon the approval of a use permit.

5.

When a nonconforming use has been changed to a conforming use, the use shall not be subsequently reestablished as nonconforming use.

6.

If any nonconforming use is discontinued or terminated for a period of 12 consecutive months or more, any subsequent use of the property shall be in conformity with this title, unless a use permit is approved to reestablish the use. In addition to standard use permit findings, the Planning Commission must make the following findings to approve such a use permit:

a.

The structure was specifically designed or substantially modified for the nonconforming use;

b.

The proposed nonconforming use will not be detrimental to any existing or potential permitted use in the area in which the nonconforming use is located.

7.

When a nonconforming use has been declared a public nuisance and a nuisance abatement hearing results in abatement actions undertaken by the city, the city may declare that these nonconforming provisions do not apply. C.

Nonconforming Structures. A nonconforming structure is a legally established structure that does not meet the development standards of the zoning district in which it is located. "Legally established" means that the structure had a building permit or there is other evidence it met applicable standards at the time it was constructed. Legally established nonconforming structures shall be governed by the following provisions:

1.

Nonconforming structures may be continued indefinitely subject to the provisions of this section.

A nonconforming structure shall not be remodeled, expanded, or structurally altered except as follows:

a.

The new work shall be in conformance with the regulations and standards of the zoning district in which it is located and the provisions of this title, or

b.

The new work shall reduce the degree of nonconformity, or

c.

The new work shall not increase the degree of nonconformity as determined by the Community Development Director who may grant the following exception: extension of an existing nonconforming building wall in a side or rear yard or side setback provided that the building extension in the yard/setback is minor; there are no reasonable alternatives, and neighbor privacy is not compromised.

3.

A nonconforming structure damaged or destroyed by any means except intentional demolition, may be reconstructed to its original condition if the Chief Building Official determines that the cost of reconstruction does not exceed 50% of its market value as determined by the county assessor on the last equalized assessment roll at the time of its destruction or damage. When the cost of reconstruction exceeds 50%, a nonconforming structure may be reconstructed upon the approval of a use permit. In addition to standard use permit findings, the Planning Commission must make the following finding to approve such a use permit: The proposed reconstruction of a nonconforming structure will not be detrimental to any existing or potential permitted use, building or structure in the area in which the nonconforming structure is located.

D.

Nonconforming Lots. A nonconforming lot is a legally established lot that does not presently conform to the regulations of the district in which it is situated. Nonconforming lots shall be governed by the following regulations: 1.

A nonconforming lot shall not be changed in any way that would increase the degree of nonconformity.

2.

New uses and structures on nonconforming lots shall conform to current standards, provided that a variance may be granted to allow minimal use of the property if the Planning Commission makes the finding that the strict application of current standards would substantially interfere with economically viable use of the property. (O2003-12)

A.

Permitted Locations for Display and Sale of Merchandise. Merchandise may be displayed and sold out of doors or in a completely roofed street alcove or entryway; and vending machines (except cigarette vending machines prohibited by NMC Chapter 5.20) and up to two carts may be used outdoors for the display or sale of merchandise as a permitted accessory use provided that:

1.

The outdoor sales are accessory to, operated by, and adjacent to any lawfully established business that normally sells the merchandise inside the building; and

2.

The merchandise location does not block a building exit, present a hazard to pedestrians or vehicles, reduce the width of a pedestrian walkway to less than five feet, or occupy a parking space; and

3.

The display or sales area is no more than 200 square feet or 10% of the gross floor area of the business, whichever is less; and

4.

If the merchandise is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the Public Works Department in accordance with Chapters 12.08 and 12.12 of the municipal code.

B.

Other Accessory Display. Any other accessory outdoor display or sale of merchandise not meeting the standards in subsection A. above shall require a use permit, unless it is a temporary use described in Section 17.52.490. (O2003-12)

Outdoor dining on city property as an accessory use to an eating or drinking establishment shall require an outdoor dining permit issued by the Community Development Director in accordance with Chapter 12.64 of this code. Outdoor dining as an accessory use on private property shall require a design review permit issued by the Community Development Director in accordance with Chapter 17.62 of this code. (O2022-009, 8/16/22)

All accessory outdoor equipment, vehicle and other storage areas; all garbage bins; and all conditionally permitted storage yards or outdoor areas used for industrial processes in industrial districts shall be screened from the public rights-of-way, public trails, the Napa River, off-street public parking facilities and abutting lots by fences and/or landscaping in a manner acceptable to the decision-making body. Accessory outdoor storage areas shall also be screened from any common public use area in a shopping center. (O2003-12)

A.

Purpose. To provide pedestrian-friendly streets with landscaping, separated sidewalks and on-street parking compatible with the city's residential design guidelines for residential subdivisions with new private streets.

B.

Applicability. This section is mandatory for single-family residential subdivisions of five or more lots that will take access from a new local private street. Single-family subdivisions of four or fewer lots taking access from new or existing local streets are encouraged to use these standards where possible, and shall be required to do so where a street may ultimately serve five or more lots.

C.

Street Design Standards.

1.

Curb adjacent six-foot landscape areas;

2.

Four-foot separated sidewalks;

3.

On-street guest parking at one space per unit, unless an alternate commonly available parking location is provided through an easement;

4.

Single-loaded streets may also be required to provide fencing and landscaping between the street and adjacent, off-site properties where this is appropriate to the neighborhood context.

D.

Setbacks. To facilitate this new street design, the city shall permit the dwelling living area, excluding garages, to locate to within 10 feet from the back edge of sidewalks. Garages shall continue to provide a 20-foot setback from sidewalks (to allow for parking) and 45 feet from the garage door to the opposite side of the street pavement edge (to provide for an adequate vehicle back-out movement). (Dwellings in the new subdivision fronting on existing streets shall use standard district front setbacks.)

E.

Alternatives.

1.

Hillside local streets (see standards) and single-loaded streets may incorporate a sidewalk and landscape area on only one side where site conditions warrant. A single-loaded street is defined as a street with dwellings located on one side only. For a single-loaded street, the sidewalk shall be located on the side of the street that is fronted by the dwellings.

Where rural local streets are allowed, paved pedestrian paths may be incorporated in place of sidewalks (see standards).

3.

Other alternatives, such as curb adjacent sidewalks, may be considered if General Plan minimum densities cannot be met, if unusual site constraints preclude achievement of the standard, or in an infill situation to match adjacent conditions. However, in such cases, setback reductions shall not apply as they are to provide the space to achieve the street design.

Note: City small lot standards reference setbacks in this section.

F.

Other. Other standards of this code remain in effect and shall be observed. (O2010 1, 1/26/10)

Projections may be permitted over public easements and sidewalks in accord with the following: A.

Authorization Required. No building, structure or projection thereof may extend into or over a public easement except when specifically authorized by the Public Works Director.

B.

Awnings. Awnings, canopies and marquees with a minimum vertical clearance of eight feet and attached to a structure may be allowed to extend over a public sidewalk with the approval of the Community Development Director. All awnings, canopies, and marquees shall be maintained in good repair and removed when noticeably worn.

(O2003-12)

An administrative permit shall be required for the establishment of a small recycling facility, which shall meet the following requirements:

A.

Limits on Materials. Only glass, metals, plastic containers and paper may be accepted at a small recycling center. B.

Equipment. No power-driven processing equipment may be used except for reverse vending machines. C.

Containers. Containers used for collection and storage of recyclable materials shall be constructed of a durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected between collection schedules.

D.

Litter. The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned up on a daily basis.

E.

Location. A small recycling facility shall not be located in any required setback or yard, and shall be screened from the public right-of-way by landscaping, fences or walls acceptable to the Community Development Director. All landscaping shall be maintained and replaced if damaged. Containers for the 24-hour donation of materials shall be located at least 30 feet from any property zoned or occupied for residential use and no closer than 50 feet unless acoustical shielding is provided.

F.

Attended Facilities. Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only between 9:00 a.m. and 7:00 p.m.

G.

Signs. Signs shall comply with the following standards in lieu of NMC Chapter 15.56, Signs:

Containers shall provide the following clearly marked informational signs that:

a.

Identify the type of material to be deposited in each container;

b.

List the name and telephone number of the operator and hours of operation; and

c.

Display a notice stating that no material shall be left outside the recycling enclosure or containers.

2.

Each container may also have a sign limited to 35% per side or nine square feet, whichever is less, provided that all container signs shall not exceed 40 square feet total.

3.

On-site directional signs bearing no advertising message may be installed with approval of the Community Development Director to facilitate traffic circulation or if the center is not visible from the public right-of-way. H.

Parking. No parking spaces shall be required above those for the principal use.

I.

Use of Parking Area. Occupation of parking spaces by the center and attendant may not reduce available parking spaces below the minimum, unless the facility is located in a convenience zone as designated by the California Department of Conservation. Mobile recycling units shall have an area clearly marked to prohibit parking during the hours the unit is scheduled to be present.

J.

Permit Limits. The permit shall be valid for up to five years, after which time it may be renewed for another five years.

K.

Removal. If at any time the small recycling facility is not in use for six months or more, it shall be immediately removed from the site and the Community Development Director notified.

L.

Application. Applicants shall submit plans and other information to demonstrate compliance with the above standards, and provide the name, address, telephone number of person responsible for the daily maintenance and periodic collection of recyclable materials, and written approval from the property owner.

M.

Waivers. The above requirements may be waived or modified by the Community Development Director if the result is to improve the overall function, safe operation or appearance of the small recycling center; or the design and/or location of the center makes the above requirements unnecessary. (O2003-12)

A.

Purpose. The purpose of this section is to assure provision of adequate facilities in development projects for the proper storage and handling, and safe and efficient collection, of solid waste, recyclable materials and compostable materials.

B.

Definitions. The following words and phrases, whenever used in this section, shall be construed as defined under this subsection.

"Compostable materials"

means those materials that are processed in a controlled biological decomposition process, which are source separated from the municipal solid waste stream. Compostable materials include food scraps, soiled paper products, wood and yard trimmings that do not contain hazardous waste.

"Director"

means the Community Development Director of the City of Napa, or designee of the Community Development Director or City Manager.

"Enclosure"

means a walled structure for the storage of containers for solid waste, compostable materials, recyclable materials, and (where applicable) kitchen oil and grease with one or more gates for access.

"Enclosure standards"

means the standards applicable to the construction, operation and maintenance of enclosures. "Signifcant addition"

means an addition (as defined in Section 17.06.030) that is (1) more than 1,000 square feet or (2) equal to or greater than 20% of the total building square footage.

"Signifcant remodel"

means a remodel that (1) will increase the occupancy of the total gross building area by 50% or more; or (2) constitutes a change of use that results in one or both of the following: (a) an increase in the quantity of solid waste, recyclable materials and/or compostable materials generated; or (b) will result in the addition of one or more type(s) of materials generated on the premises such as solid waste, recyclable materials and/or compostable materials (example: an office becomes a food service establishment); or (3) is determined by the Director to require compliance with the enclosure standards to ensure the proper storage and handling, and efficient and safe removal, of solid waste, recyclable materials and compostable materials on the premises.

"Solid waste collection area"

means any area designated for the storage and pickup of containers for solid waste, compostable materials and recyclable materials that is not an enclosure.

C.

General Provisions.

1.

The Director may, by administrative regulations subject to approval as to form by the City Attorney and approval by the City Manager, develop enclosure standards.

2.

Any project that requires approval of (a) a use permit, (b) a design review permit or (c) a building permit for a significant remodel or a significant addition shall include one or more enclosures consistent with the enclosure standards.

3.

The requirements in Section 17.52.390(C)(2) above shall not apply to the following projects:

a.

Any single family residential development.

b.

Any multi-family residential development with solid waste collection areas for each individual dwelling unit, and without a centralized solid waste collection area.

c.

A project in a residential zoning district involving a use permitted by right (e.g. family day care home or residential care facility).

d.

A project requiring a use or design review permit that does not propose construction that would create additional floor area.

e.

A project requiring a use or design review permit that increases an existing structure's square footage by 1,000 square feet or less, or that increases an existing structure's total square footage by less than 20%. 4.

Enclosures must be constructed, operated and maintained in accordance with the enclosure standards.

D.

Waiver of Compliance with Enclosure Standards. As part of an application for approval of a project otherwise subject to the requirements in Section 17.52.390(C)(2), an applicant may apply for a modification or waiver of the enclosure standards based upon a showing that there are circumstances particular to the property on which the project is located that make compliance with the enclosure standards impracticable or impossible, based on either onsite constraints related to unique topography or lot configuration or size, or other considerations unique to the application that render strict compliance with the enclosure standards either impracticable or impossible. The applicant shall submit such application for waiver or modification in writing along with the application for the project and shall set forth in detail all factual and/or legal bases for the requested waiver or modification, including a site plan of the project and any technical supporting documentation. The applicant shall bear the burden of providing sufficient evidence to demonstrate the alleged impracticability or impossibility of compliance with the enclosure standards. The Director may approve a modification or waiver if the Director determines that based upon the documentation submitted by the applicant, compliance with the enclosure standards is impracticable or impossible. In conjunction with the written approval of a waiver or modification under this subsection, the Director shall identify all feasible alternatives that will further the purposes of this Section and ensure adequate provision of facilities for the storage and collection of solid waste, recyclable materials and compostable materials, and shall impose conditions of approval that obligate the applicant to mitigate the impacts of the project and maximize the efficient and safe collection of solid waste, recyclable materials and compostable materials. (O2003-12; O2021-008, 12/7/21)

The intent of use permit review of religious institutions is to consider their design, site layout and operational parameters to ensure compatibility with surrounding uses. No use permit or other regulation of this title shall be interpreted or implemented so as to result in a substantial burden on religious exercise. (O2003-12)

A.

General Provisions. The following provisions shall govern the placement of accessory satellite dishes on private property in the city:

1.

One receive-only accessory satellite dish not exceeding 36 inches in diameter, for the sole use of the tenant, is permitted per lot.

2.

Location in a setback is prohibited unless the dish is not visible from the street.

3.

The satellite dish shall be finished in a color to blend in with the immediate surroundings.

4.

The satellite dish shall be placed and screened to minimize the visual impact of the dish from all points surrounding the property, focusing on views from the street or other public view areas.

The height of a satellite dish shall not exceed the maximum height established for the zoning district on a building, or 15 feet on a stand-alone accessory structure.

B.

More than One. Requests for more than one accessory satellite dish per lot shall be handled as an administrative permit, using the performance standards stated above. Satellite dishes not meeting these standards may be permitted with a use permit (See Telecommunications facilities, Section 17.52.480.). (O2003-12; O2021-008, 12/7/21)

A.

Purpose. The purpose of this section is to implement General Plan Health and Safety Element policies by requiring geotechnical and geologic assessments to assure geologic hazards are adequately mitigated. B.

Definitions. For purposes of this section, critical facilities include fire and police stations, major utility and transportation facilities, hospitals and major medical facilities; dependent facilities include schools for children, large residential care and intermediate care facilities, child care centers; high occupancy facilities include auditoriums, churches and theaters, apartments, and commercial uses including office buildings, restaurants, retail stores, hotels and similar buildings proposed contain more than 30 persons; and potentially hazardous facilities include manufacturing plants using or storing hazardous materials. Where there is a question as to whether a use falls within this any of these categories, the Public Works Director shall make such determination. C.

West Napa Fault Zone. Within the West Napa Fault Zone Area (as mapped on USGS Map MF 881, Helly and Hurd, 1977, or as updated), soils investigation/ geotechnical reports shall be required as follows: 1.

All subdivisions (including parcel maps) shall provide a soils investigation/geotechnical report as described in Section 16.36.200(B) of the Napa Municipal Code (NMC) as part of application completeness.

2.

Use permits or design review permits for critical, dependent, high occupancy or potentially hazardous facilities, including expansions of existing facilities or conversions of existing development to such facilities shall provide a geotechnical report as described in Section 16.36.200(B) of the NMC as part of application completeness.

3.

Use permits or design review permits for other new development shall provide a soils investigation/geotechnical report as described in Section 16.36.200(B) of the NMC prior to building permit issuance. D.

Other :HS Areas.

1.

In :HS hillside overlay district areas outside of the West Napa fault zone, all subdivisions (including parcel maps) shall provide a soils investigation/geotechnical report as described in Section 16.36.200(B) of the NMC as part of application completeness.

2.

In :HS Hillside overlay district areas outside of the West Napa Fault zone, all use permit or design review permits for new construction shall provide soils investigations/ geotechnical reports as described in Section 16.36.300(B) of the NMC prior to building permit issuance.

E.

Other Areas. In all other areas of the city, use permits or design review permits for new construction shall provide soils investigations/geotechnical reports as described in Section 16.36.200(B) of the NMC prior to building permit issuance. Subdivisions are governed by Sections 16.20.010 and 16.28.020 of the NMC; soils

investigations/geotechnical reports are required with the map submittal unless waived by the Public Works Director.

F.

Waiver. The Public Works Director may waive or modify the requirement for the soils investigation/geotechnical report in subsections C through E of this section if he or she finds there is adequate city knowledge of site soils and/or geologic conditions on or near the site.

G.

New Information. If new studies become available relating to any other active faults or fault zones, the Public Works Director may require soils investigation/geotechnical reports as he deems necessary until code sections are updated.

H.

UBC. All development shall conform to structural requirements of the most recently adopted Uniform Building Code (UBC).

(O2003-12; O2004 9)

A.

Front of Lot Determinations. Normally the front of a lot shall be the dimension that abuts a public or private street opposite the rear of a lot. On corner lots, the smaller of the two frontages shall be the front and the longer frontage shall be the side. In unusual cases (i.e., corner lots where each frontage is approximately the same length, corner lots where the narrow dimension is on a local street and the wide dimension on an arterial or collector, flag lot, etc.) the Community Development Director shall make a determination as to the front of the lot.

B.

Setback and Yard Determinations. Required setbacks and yards are determined by their relationship to the front of a lot. However, in unusual cases (i.e., a rear lot line of one lot abuts a side lot line of an adjoining lot) the Community Development Director shall have the authority to establish the location of the setback and yard.

C.

Setback Determinations When New Private Streets Constructed. When new private streets are constructed, adjacent off-site lots having a right to take access from that street shall provide setbacks from the street. If no access is created to the adjacent off-site lot, no setbacks shall be applied. (O2003-12)

A.

Architectural Features. Bay windows, eaves, fireplaces, chimneys, or similar cantilevered architectural features may extend up to two and one-half feet into any required yard or setback.

B.

Porches. Porches, covered or uncovered, may extend up to six feet into any required setback, provided that intersection vision triangles (see definition and public works standards) are maintained. Such porches shall not be fully enclosed on more than two sides. The other two sides shall remain open except they may have low walls up to 42 inches in height. The porch roof may contain enclosed, nonhabitable space.

C.

Carports and Shade Structures in Side Yard. Carports or other unenclosed covered areas may be allowed to encroach into the required side yard of a single-family home, and may extend to the side property line, subject to the approval of an administrative permit, provided that:

1.

Drainage and site improvement standards are addressed to the satisfaction of the Public Works Director.

2.

Construction is consistent with building and fire codes.

3.

Maintenance is provided for: shade structures larger than 120 square feet closer than three feet to a property line shall provide a maintenance plan. If the plan indicates that maintenance would require access to the neighboring property, the owner shall provide a maintenance easement acceptable to the city. 4.

The Community Development Director finds that the structure design and materials are compatible with the principal dwelling and the character and pattern of the neighborhood; and are not materially injurious to adjacent neighbor privacy, views or sunlight.

D.

Shade Structures in Rear Yard. Awnings, trellises and similar shade structures attached to the house may extend into a required rear yard for a distance up to one-half the width of the yard required by the zoning district. This distance is measured to the edges of any structure overhang. Such shade structures shall not be enclosed on more than two sides and required open sides shall not be partially enclosed by any means. The shade structure shall be designed as a roof only and not as a floor.

E.

Open Floor Space Areas. Open floor space areas (open decks, unenclosed porches, unenclosed balconies, fire escapes, landings, steps) may extend up to six feet into any required front or side setback. Open floor space areas

not exceeding 18 inches in height may extend up to one-half the width of any yard required by the zoning district. These limits shall not apply to patios, walks or other similar types of surfaced areas constructed at grade. Ramps, railings, lifts and similar open facilities used for handicapped access shall be exempt from this subsection when approved by the Community Development Director.

(O2003-12)

No motor vehicle, motor home, mobile home, recreation vehicle, camper or trailer (exclusive of a motor vehicle), airplane, boat, parts of the foregoing, or the like, or building materials, or discarded or salvaged materials shall be stored in any required front or side setback. This regulation shall not apply to building materials for use on the premises during the time a valid building permit is in effect for construction on the premises, nor to motor vehicles that are lawfully registered and mechanically operable when parked on that portion of a residential driveway which leads to the required covered parking space.

(O2003-12)

A.

Purpose. The purpose of these regulations are to assure well managed and maintained single room occupancy (SRO) developments. SROs are a type of group residential use and are a conditional use in certain residential districts. The following provisions shall apply specifically to SROs and may provide guidance for other group residential projects.

B.

General Provisions.

1.

Density. Given that these are small individual housing rooms, to equate SRO projects with General Plan housing unit densities, the city shall apply a factor of 2 to the density range. That is, a General Plan density range of 10 to 20 units per acre shall equate to an SRO project density range of 20 to 40 rooms/acre. Density bonuses may also be applied to qualifying SRO projects.

2.

Any SRO project must also meet the following standards:

a.

Proposed new construction, or exterior alterations to the existing buildings are compatible with the design and scale of the surrounding neighborhood;

b.

The design and location on site of the SRO building(s) has reduced potential adverse impacts (e.g., privacy, visual, noise, etc.) on adjacent residential lots to the maximum feasible extent;

c.

Room sizes shall range from 150 to 450 square feet;

d.

The project shall be located within 1,200 feet of public transit;

e.

A preliminary management plan, meeting the requirements of the resolution adopting Standards for SRO housing developments, shall be submitted as part of an application and shall be reviewed and approved by the Director of the Housing Authority of the City of Napa prior to the application being deemed complete. A final management plan shall be approved by the Housing Authority prior to issuance of a building permit, and recorded at the Napa County Recorder's office;

f.

For projects of less than 16 rooms, the owner or management agent shall manage the units and shall be available on a 24-hour basis. The manager shall be a resident of the City of Napa, unless this requirement is waived by the Housing Authority;

g.

For projects of 16 rooms or more, an on-site 24-hour manager is required.

(O2003-12)

A.

Purpose. This section provides greater flexibility for smaller lot sizes and frontages on public or private streets where the single-family detached and/or duet development is compatible with the neighborhood, dwellings are proportionate to the lot size (for example, by limiting units with second stories and/or stepping second stories back) and meet the city's residential design guidelines. Small lot developments shall be evaluated through a use permit process.

B.

Standards. The following standards apply:

1.

House plans shall be included as part of the application.

2.

Lot Size and Width. No specific requirement; however, plans shall consider neighborhood development patterns. 3.

Lot Frontage. Shall provide adequate frontage for the house, driveway and side yards/side setback. On a public street, 18 feet of continuous full height curb shall be provided.

4.

Side Yards. Duets: zero feet one side; five feet one side; detached dwellings: five feet one side; five feet one side. 5.

Front and Side Setbacks. Homes fronting on existing public streets shall use setbacks of the base district. Homes fronting on new private or certain new public streets may utilize the pedestrian friendly street standards.

6.

All other regulations of the underlying district and this title shall apply to small lot developments. C.

Findings. In addition to standard use permit findings, the decision making body must find that the development is compatible with the neighborhood, dwellings are proportionate to the lot size and meet the city's residential design guidelines.

(O2003-12)

A.

Purpose. The city seeks to ensure a broad range of competitive telecommunication services while minimizing visual blight from such facilities by encouraging screened, low visibility locations on buildings, or other low visibility design solutions. Stand alone towers, if allowed, will need to minimize height to the maximum extent feasible, and provide appropriate colors, type and screening.

B.

Definition and Applicability. For purposes of this section, a telecommunication facility is defined as a facility that transmits and/or receives electromagnetic signals. It includes antennas, microwave dishes, horns, and other types of equipment for the transmission or receipt of such signals, telecommunication towers or similar structures supporting said equipment, equipment buildings and related accessory development. A telecommunication facility is a public, quasi-public communications use that requires a use permit in any district, except as provided in subsection C.

C.

Exempt from City Review. The following accessory telecommunication uses shall be permitted without city permits.

1.

Citizens band and amateur radio systems used by amateur radio operators which existed at time of the adoption of this chapter; and new CB and ARS systems not exceeding the height limit of the district in which they are located are considered to be permitted accessory uses not subject to this section.

One receive-only satellite dish accessory to an individual dwelling or business and solely for the use of occupants of that dwelling or business meeting standards of the satellite dish Section 17.52.410.

D.

Materials Required. To assist in the evaluation of a use permit application, the following materials shall be required, unless specifically waived by the Community Development Director:

1.

Alternative sites analysis describing why this site was chosen and alternative sites that have been explored; facility design alternatives that could achieve similar transmission levels; additional existing and proposed network sites; 2.

Visual simulations of the proposed facility from nearby residential areas and public right-of-ways and parks; 3.

Site plan, cross sectional illustration of proposed facility, landscape and fencing plans;

4.

Photograph of at least one actual facility similar to that proposed and its location.

E.

Evaluation Criteria. In addition to meeting federal standards, the following criteria shall be used in evaluating telecommunication facilities.

1.

If on a structure, the facility is proposed to be architecturally integrated and/or screened;

The site is not readily visible from residential areas or public rights of ways or parks;

The site avoids resource areas such as wetlands or archaeological sites and does not create a hazard to air traffic; 4. Existing roads/parking have been used to the extent possible;

5.

Existing native vegetation has been maintained to the extent possible and/or suitable landscaping is proposed; 6.

Nonflammable materials are proposed;

Backup generators shall be used only during power outages or for testing/maintenance and shall meet noise standards;

8.

The facility is unlit, except as required by FAA, or city;

The facility is proposed to be painted with flat paint in appropriate color to blend;

Special design is proposed in sensitive natural areas (such as tree poles) or in historic areas; 11.

Safety barriers are included as necessary; 12.

Support facilities are designed to minimize their profile, no more than 15 feet in height and treated to look like buildings in the area;

Agreements may be required to maintain and remove facilities; 14.

Any facilities proposed to occupy or use public rights of way or public property shall meet provisions of Chapter 5.78.

(O2003-12)

A.

Purpose. Standards for temporary uses allow the short term placement (generally three months or less in any 12month period) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with surrounding areas.

B.

Commercial Filming. Commercial filming requires a permit from the Police Department in accordance with NMC Chapter 5.74.

C.

Farmer's Markets. Farmer's markets/chef's markets require a permit from the City Manager and a use permit in accordance with NMC Chapter 5.24.

D.

Mobile Homes or Trailers Outside of Mobile Home Parks. Temporary use of mobile homes or trailers on private property during construction shall require a permit from the Chief Building Official in accordance with NMC Chapter 15.64. This temporary use may be longer than three months.

E.

Nonprofit Special Events. Special events (such as but not limited to fairs, bazaars or yard sales) conducted by or for a recognized nonprofit or charitable community group may be conducted on the grounds of a religious institution, school or other permanent place of public assembly up to three days during any six-month period provided they meet the following standard or provisions:

1.

The merchandise or event activity location does not block a building exit, present a hazard to pedestrians or vehicles, reduce the width of a pedestrian walkway to less than five feet, or occupy a parking space.

2.

If the merchandise or activity is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the Public Works Department.

3.

If any commercial vendors are involved in the event, they shall secure a permit from the Police Department pursuant to NMC Chapter 5.40.

4.

Nonprofit special events occurring more frequently than three days during any six-month period shall require a use permit.

F.

Parades, Circuses, Carnivals or Gatherings of 500 or More Persons. Parades, circuses, carnivals or gatherings of 500 or more persons require a permit from the City Manager per NMC Chapter 12.48.

G.

Park and Recreation Use Areas.

1.

Parkway Plaza and Mall. Persons or groups wishing to hold meetings, display wares, present performances, etc., on the Parkway Plaza and Mall shall require a permit from Community Resources per NMC Chapter 12.36.

2.

Parks and Playgrounds. All persons wishing to sell goods or services in any park, playground facility or tot lot shall require a permit from Community Resources per NMC Chapter 12.36.

H.

Peddlers and Vendors.

1.

Peddlers and vendors wishing to sell goods anywhere in the city shall comply with NMC Chapter 5.40.

Any peddler or vendor using city streets shall also comply with NMC Chapters 12.08 and 12.12. NMC Chapter

10.36 further describes how peddlers and vendors are allowed to operate on city streets.

3.

Any peddler or vendor operating on private property (other than at non-profit special events) requires a use permit.

I.

Real Estate Offices. Temporary real estate offices located on the site of approved residential development may be authorized by the Community Development Director. Real estate sales shall be limited to units within the development and shall be terminated when all units are sold.

J.

Residential Garage Sales. Garage and yard sales are a permitted accessory use in residential districts provided that they meet the following standards:

1.

They are conducted by a resident on the resident's property;

2.

They do not exceed three days during any six-month period;

3.

The merchandise location does not block a building exit, present a hazard to pedestrians or vehicles, or reduce the width of a pedestrian walkway to less than five feet.

K.

Retail Merchant's Fairs. Retail merchant fairs that do not fall under the definition of subsections E or L may apply to hold a fair on a particular date up to four times a year with a permit from the City Manager in accordance with Napa Municipal Code Chapter 5.36.

L.

Retail Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales and other promotional events that involve retail sales are a permitted accessory use to lawfully established businesses on a property, as long as the sales do not exceed 12 days total during any 12 month period with no more than three days being consecutive, regardless of the number of businesses that participate, and provided that they meet the following standards:

1.

The outdoor sales are incidental to, operated by, and adjacent to any lawfully established business that normally sells the merchandise inside the building(s).

2.

The merchandise location does not block a building exit, present a hazard to pedestrians or vehicles, or reduce the width of a pedestrian walkway to less than five feet.

3.

If the merchandise is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the Public Works Department.

M.

Cargo Containers. For purposes of this section, cargo containers are defined as prefabricated exterior storage containers. They may be permitted in any district for contractor's storage during construction subject to a permit from the Chief Building Official in accordance with NMC Chapter 15.64. Temporary construction use may be longer

than three months. Cargo containers may also be permitted in CC community commercial districts on a temporary basis subject to an administrative permit to provide for seasonal storage needs provided they meet the following conditions:

1.

They shall be used only for temporary storage of merchandise and similar items related to the operation of the business. They may be permitted up to two times per year, up to eight weeks at a time.

2.

They shall have no electrical hookup.

They shall not exceed a height of eight feet six inches nor a length of 40 feet and shall not be stacked on top of each other.

4.

They shall be placed on paved surfaces within the site owned or leased by the business, and screened and/or placed and oriented to minimize the view from the public right-of-way.

5.

They shall not cover or block required parking for the site nor obstruct emergency or other delivery or garbage collection access; fire lanes require a minimum 20 feet unobstructed width.

6.

A deposit per container shall be provided with the application, except for containers solely used for volunteer community purposes. Such deposit will be held and forfeited if the container is not removed within the eight-week period. Normal code enforcement penalties shall apply to containers left for a longer period. A decal will be issued with the permit showing the permit number and removal date. This decal shall be displayed in the upper left hand corner of the storage container door.

7.

Numbers. One container for businesses up to 50,000 square feet; two for businesses of 50,001 to 100,000 square feet; three for businesses over 100,000 square feet.

N.

Temporary or Seasonal Uses, Other. Other temporary or seasonal uses typically operating less than 45 days, such as Christmas tree or pumpkin sales, shall require an administrative permit, as described in Chapter 17.58, in multifamily residential, nonresidential or mixed use districts. These uses shall meet the following performance standards:

1.

Parking. Appropriate traffic control measures and adequate parking, including vehicular ingress and egress, shall be provided to the satisfaction of the Public Works Director and the Police Department.

2.

Nuisance Factors. Measures to control or mitigate potential nuisance factors such as glare, smoke, odors, gases and heat shall be provided to the satisfaction of the Community Development Department.

3.

Fencing and Other Temporary Structures. The placement, height and size of temporary structures and equipment shall be reviewed for compatibility with its surroundings.

4.

Trash/Litter Control. Measures shall be provided for the collection, storage and removal of garbage, litter or debris from the site to the satisfaction of the Community Development Department.

5.

Signs. Any proposed signage for the temporary use shall comply with Chapter 17.55, Sign Ordinance.

6.

Hours of Operation. The use shall be limited in terms of operating hours and days to ensure compatibility with surrounding uses to the satisfaction of the Community Development Department.

7.

Performance Bonds. A performance bond or other security deposit may be required where sales are not associated with an adjacent business to assure that facilities are removed within a reasonable timeframe and the property is restored to its former condition.

8.

Public Safety. Security and public safety measures shall be provided if needed, to the satisfaction of the Police Department.

Compliance With Other Laws. Approval of the requested temporary permit is contingent upon compliance with applicable provisions of other laws. Any event which includes the preparation, sale or serving of food shall comply with County Health Department standards.

10.

Other conditions may be required as needed to ensure the temporary use is managed and operated in an orderly and efficient manner.

(O2003-12; O2004 9; O2019-001, 1/15/19)

A.

Purposes. The specific purposes of these regulations are to implement General Plan goals and policies to provide sufficient hotel rooms to support development of conference facilities in the downtown area and to protect the residential housing supply; and to assure that time share uses are appropriately located and impacts mitigated.

B.

Prohibition of Timeshare Uses in and Around Downtown or in Residential Districts. No person shall construct or convert to a timeshare use any undeveloped land, any portion of any hotel or similar visitor accommodation, or RV park in the downtown commercial district or downtown pedestrian commercial district, or tourist commercial or similar district within one-half mile of the downtown commercial district.

C.

Use Permit Required. No person shall construct or convert to a timeshare use any portion of any hotel or similar visitor accommodation, or RV park, which are the only uses that may potentially contain time share uses, without a use permit. Any proposal to convert existing residential uses in nonresidential or mixed use districts that allow residential uses must meet provisions of Section 17.52.100.

D.

Findings Required. In order to approve a timeshare use permit, the decision-making body must make the following findings in addition to standard use permit findings and (if applicable) findings related to Section 17.52.100.

Mitigation measures have been imposed to ensure that the proposed timeshare will not adversely impact the city's ability to provide fire, police and other city services to the timeshare and adjacent and nearby neighborhoods, businesses and residences.

2.

Long term maintenance of the proposed timeshare has been adequately addressed. (O2003-12)

A.

Purpose. To provide for transitional, supportive and employee housing in accordance with state law. (See SB2 Chapter 633, Statutes of 2007; and California Health and Safety Code Sections 17021.5 and 17021.6.) B.

General Provisions.

1.

Transitional housing, supportive housing, and co-housing projects, as defined, shall be treated the same as the type of housing they most closely resemble in any zoning district where the comparable housing type is allowed. 2.

Employee housing for six or fewer employees in a single-family dwelling shall be deemed a single-family use and shall be treated the same as any single-family dwelling in districts where single-family dwellings are allowed. Employee housing shall not be included within the definition of a boarding house, rooming house, hotel, dormitory or other similar term that implies the employee housing differs in any way from a family dwelling and shall not constitute a change in occupancy for purposes of local building codes. It shall not be subject to any fees to which other family dwellings of the same type in the same zone are not likewise subject. (O2009 11)

See NMC Chapter 12.45 for tree protection regulations on private property.

(O2003-12)

A.

Scope, Purpose and Findings.

1.

The purposes of this section (which may be referred to as the "Vacation Rental Ordinance") are to:

a.

Document the procedures and regulations that govern the application for, and the issuance and implementation of, permits for the operation of any vacation rental use within the city.

b.

Establish that transient occupancy uses are not permitted or conditionally permitted in residential or nonresidential zoning districts, unless either: (i) the city has approved a hotel use in a nonresidential zoning district pursuant to Title 17, or (ii) the city has approved a use permit for a bed and breakfast inn pursuant to Section 17.52.060 of this chapter, or (iii) the city has approved a vacation rental permit pursuant to this section.

2.

The City Council hereby finds that unregulated transient occupancy uses in residential and nonresidential districts present a threat to the public welfare relating to compatibility with residential uses and preservation of the character of the neighborhoods in which they are located, and to the availability of housing stock in compliance with the Housing Element of the General Plan.

3.

The City Council hereby finds that the adoption of a comprehensive ordinance regulating the issuance of and operating conditions attached to vacation rental permits is necessary to protect the public health, safety and welfare. The purpose of this section is to provide a permit system and to impose operational requirements to minimize the potential adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic, noise and density, to ensure the health, safety and welfare of renters and guests patronizing vacation rentals, and to impose limitations on the total number and types of permits issued in order to ensure the long term availability of housing stock in compliance with the Housing Element of the City of Napa General Plan.

4.

The City Council hereby finds that the provisions of this section which impose restrictions on commercial speech, pursuant to the restrictions on advertisements set forth in subsection (E)(5) of this section, are necessary in order to advance the city's legitimate interest in preventing rental activity that violates this code, and in regulating fraudulent, misleading, or deceptive advertising. These restrictions on advertising are necessary in order to prevent advertisers from engaging in unlawful rental activity and from misleading the general public to think that a particular property in the City of Napa is available for transient occupancy if, in fact, the advertised property is not authorized to be used for transient occupancy purposes in accordance with this section.

5.

The City Council hereby finds that the city's regulation of vacation rental uses in accordance with this section is a valid exercise of the city's police power in furtherance of the legitimate governmental interests documented in this section.

B.

Definitions. As used in this section:

"2009 permit"

means each of the 41 vacation rental permits which were in effect prior to July 1, 2015, and which were issued pursuant to city Ordinance Nos. O2009-6 and O2010-16 (former versions of vacation rental regulations). Each 2009 permit shall be deemed by the city to be "approved" and "issued" "pursuant to this section," as those phrases are used in this section, including, but not limited to, subsections (A)(1)(b), (D)(1), (E), (F), and (H) of this section.

"Advertise"

means any communication that induces or encourages any person to rent for transient occupancy purposes, or that provides information (to any person) that promotes the availability to rent for transient occupancy purposes, any building in the City of Napa.

"Applicant"

means any person, firm, partnership, association, joint venture, corporation, or an entity, combination of entities or consortium who seeks or seek approval of a vacation rental permit under the authority of this section.

"Authorized agent"

means the person specifically authorized by an owner to represent and act on behalf of the owner and to act as an operator, manager and contact person of a non-hosted accommodation, and to provide and receive any notices identified in this section on behalf of the owner, applicant, permittee, or authorized agent.

"Bedroom"

is as defined by Section 17.06.030 of this code.

"Director"

means the Director of the Community Development Department of the city, or a designee of the Community Development Director or City Manager.

"Enforcement ofcer"

means the Director, Chief Building Official, Fire Marshall, City Code Enforcement Officer, City Department Manager (to the extent responsible for enforcing provisions of this code), or any other city employee designated by the Director or City Manager to enforce this section.

"Guest"

means an invitee of a renter or other person visiting a renter of a vacation rental unit who does not rent the unit. "Hosted accommodation"

means a vacation rental business for which the owner resides at the vacation rental unit, and the owner sleeps at the vacation rental unit while it is being rented, and no more than two bedrooms are rented for transient occupancy pursuant to this section.

"Non-hosted accommodation"

means a vacation rental business for which the authorized agent is not required to reside at the vacation rental unit which is rented for transient occupancy pursuant to this section.

"Owner"

means the person holding fee title to the real property that is the subject of a vacation rental permit. "Permittee"

means the person to whom a vacation rental permit is issued pursuant to this section. To the extent that this section identifies requirements of a permit, or obligations of the permittee, the owner and any identified authorized agent shall be jointly and severally liable as a "responsible person" (see Section 1.16.010).

"Renter"

means a person, not an owner, renting or occupying a vacation rental unit in accordance with the terms of this section.

"Reside,"

as used in this section, means the "domicile" of a person, as defined by California Elections Code Section 349, which generally means the place in which the person's habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.

"Transient occupancy"

is as defined by Section 17.06.030 of this code.

"Vacation rental"

means any transient occupancy use for which the city has issued a vacation rental permit pursuant to this section. The term "vacation rental" shall be used to include all vacation rental businesses operating pursuant to a 2009 permit, all hosted accommodation vacation rentals, and all non-hosted accommodation vacation rentals.

"Vacation rental unit"

means the structure in which the vacation rental use is permitted to operate, pursuant to a permit issued in accordance with this section.

C.

The Director shall invite applications for vacation rental permits pursuant to this subsection C.

1.

The Director shall issue a written notice inviting applications for vacation rental permits in accordance with this section. Each written notice pursuant to this subsection shall be published in accordance with California Government Code Sections 6060 and 6061, and the Director shall endeavor to use other reasonably available means of communications such as the city's Internet website.

2.

Each written notice inviting applications shall identify the date and time which applications must be received by the Director, not less than 30 days after publication of the notice.

3.

Each written notice inviting applications shall refer to the permit requirements of this section. Each application for a vacation rental permit shall include the following information, signed by the owner (and the authorized agent for non-hosted accommodations), documented in a form acceptable to the Director:

a.

Identify the owner of the real property on which the vacation rental is proposed (include the name, mailing address, email address, and telephone number).

b.

Identify whether the application is for a hosted accommodation or a non-hosted accommodation.

i.

If the vacation rental is proposed as a hosted accommodation, provide adequate documentation that establishes the owner will reside at the vacation rental unit.

ii.

If the vacation rental is proposed as a non-hosted accommodation, identify the owner's authorized agent (include the name, mailing address, email address, and telephone number). An authorized agent must be identified for each non-hosted accommodation; however, the authorized agent may be the owner, or a person other than the owner.

c.

Identify the number of bedrooms and approximate square footage in the vacation rental unit, and the maximum number of overnight renters under the limitations imposed under subsection (E)(4)(b) of this section. For hosted accommodations, identify the location of each room to be rented as a vacation rental.

d.

Document that all designated bedrooms meet all local building and safety code requirements.

e.

Identify the number and location of designated on-site parking spaces, and the maximum number of vehicles allowed for overnight occupants.

f.

Acknowledge that the owner (and authorized agent for non-hosted accommodations) have read all regulations pertaining to the operation of a vacation rental, including this section, the city's business license requirements (Chapter 5.04 of this code), the city's transient occupancy tax requirements (Chapter 3.20 of this code), and any additional administrative regulations promulgated by the Director to implement this section.

g.

Provide a copy of the form rental agreement, rental rules and regulations and any associated materials as required by subsection (E)(4) of this section.

h.

Provide any other information as the Director deems reasonably necessary to administer this section, as identified in the notice inviting applications.

i.

Acknowledge and agree that claims, requests, objections and arguments not timely raised in the vacation rental permit application are and shall be deemed waived.

j.

Agree that any and all use of the property for vacation rental/transient occupancy purposes shall cease upon the expiration or revocation of the vacation rental permit pursuant to subsection (E)(1) of this section.

k.

Agree to hold harmless, indemnify and defend the city against claims and litigation arising from the issuance of the vacation rental permit.

l.

Certify the accuracy of the information submitted and agree to comply with all conditions of the permit. D.

The Director shall evaluate permit applications, and process the applications for approval, conditional approval, or denial of vacation rental permits, pursuant to this subsection D:

1.

The number of vacation rental permits issued pursuant to this section shall not exceed 41 non-hosted accommodations and 60 hosted accommodations.

2.

For all applications that were received by the Director prior to the date and time on which applications were required to be received (pursuant to subsection (C)(2) of this section), the Director shall randomly select each application, and sequentially number each application in the order selected (the first selected application will be assigned the lowest application number, and the last selected application will be assigned the highest application number). A separate application list and application evaluation and issuance process will be established for: (a) hosted accommodations, and (b) non-hosted accommodations.

3.

Beginning with the application with the lowest application number, and proceeding sequentially with each application thereafter (subject to the numerical limitation on the number of permits that may be issued, as set forth in paragraph 1 of this subsection), the Director shall select and evaluate each application to determine if the requirements of this section have been satisfied. The Director shall provide a written notice to the applicant identified on each selected application, and shall identify the date and time on which the following supplemental submittal must be received by the Director, not less than 30 days after the date of the notice. Each applicant shall provide the following supplemental submittal in a form acceptable to the Director:

a.

Payment of the application and processing fee established by City Council resolution based on the city's estimated reasonable costs to process and review the application materials.

b.

A public notice mailing label submittal (to notify neighboring property owners, pursuant to Section 17.68.070(A)(3)). c.

If the property that is the subject of the application is within 500 feet of a bed and breakfast inn (permitted in accordance with Section 17.52.060) or a vacation rental (approved or conditionally approved by the Director pursuant to this section), the applicant shall submit supplemental information that establishes that the applicant will adequately mitigate potential adverse impacts of a concentration of transient occupancies on the character and livability of adjacent residential properties.

d.

Provide any other information as the Director deems reasonably necessary to establish that the applicant will comply with all requirements of this section, as identified in the notice.

If the Director determines that an applicant has failed to satisfy the application requirements of subsection C or D of this section, the Director is authorized to provide written notice to the applicant of the determination of denial.

5.

If the Director determines supplemental evidence at a public hearing is warranted in order to determine whether an applicant adequately mitigated potential adverse impacts to the public health, safety, or welfare (e.g., due to concerns raised by neighbors, or to evaluate the impacts of a concentration of uses, under paragraph (3)(c) of this subsection D), the Director shall notice a public hearing of the Planning Commission pursuant to Sections 17.68.070 through 17.68.100 of this code. The Planning Commission is authorized to deny, approve, or conditionally approve the permit in accordance with the criteria set forth in this section, particularly incorporating the requirements of paragraphs 6 through 8 of this subsection D.

6.

If the Director determines that an applicant has satisfied the application requirements of subsections C and D of this section, and that the owner has borne the burden of proving that the owner will adequately mitigate potential adverse impacts on the public health, safety, and welfare, the Director shall provide written notice to the applicant that the vacation rental permit is conditionally approved, subject to compliance with the conditions identified by the Director in the notice. The notice shall identify the date and time on which the following supplemental submittal must be received by the Director, not less than 10 calendar days after the date of the notice.

a.

The applicant shall pay the annual inspection fee established by City Council resolution based on the city's estimated reasonable costs to perform the annual inspections identified in this section.

b.

The applicant shall comply, and provide documentation that the owner (and authorized agent for non-hosted accommodations) agree to comply, with all requirements of this section and the permit, particularly including the rules set forth in subsection (E)(4) of this section.

7.

Upon the Director's receipt of the documentation of agreement from the applicant (pursuant to paragraph (6)(b) of this subsection D), the Director shall provide written notice to all property owners within 500 feet of the conditional approval of the vacation rental, to include:

a.

A concise summary of the terms of the permit, including: (i) the maximum number of occupants permitted to stay in the vacation rental unit; (ii) the maximum number of vehicles which are allowed to be parked on the property; (iii) any special conditions or restrictions applied to the vacation rental permit; and (iv) how to obtain a complete copy of the permit and this section.

b.

The name of the owner (for a hosted accommodation) and the authorized agent (for a non-hosted accommodation) of the vacation rental, and the telephone numbers at which the owner (for a hosted accommodation) and the authorized agent (for a non-hosted accommodation) may be reached at all times, 24 hours per day.

c.

The City of Napa Code Enforcement telephone number which members of the public may report violations of the vacation rental permit (including this section and any conditions of approval). d.

The right of an interested person to file an appeal within 10 calendar days of the permit approval (pursuant to Chapter 17.70 of this code), or to identify concerns related to a permit extension pursuant to subsections H and I of this section.

8.

Each vacation rental permit issued pursuant to this section shall be effective on the date determined pursuant to the provisions of Section 17.68.110 of this code. Each vacation rental permit issued pursuant to this section shall

be subject to the appeal procedures set forth in Chapter 17.70 of this code.

E.

Each vacation rental permit issued pursuant to this section shall be subject to all of the following requirements: 1.

Each vacation rental permit issued under the authority of this section shall be valid for one year after the effective date, unless approved by the Director for a longer period under the terms of subsections H and I of this section. Upon expiration or lapse of any vacation rental permit, it shall be of no further force, validity or effect, and use of the property for transient occupancy purposes shall cease.

2.

The owner shall comply with all requirements of the Business License Ordinance (Chapter 5.04 of this code) and the Transient Occupancy Tax Ordinance (Chapter 3.20 of this code) for the vacation rental use.

3.

The owner shall comply with each of the requirements of this paragraph 3. The owner shall permit the enforcement officer to conduct an annual inspection of the vacation rental premises to confirm compliance with this section, and particularly including this paragraph 3.

a.

The property address shall be visible form the street and in contrasting colors for quick identification by emergency responders.

b.

Smoke detectors shall be installed per the California Building Code.

c.

No double keyed dead bolts may be installed on exit doors.

d.

A portable fire extinguisher shall be provided.

e.

Exit doors may not be obstructed and/or prohibited from fully opening.

f.

Clearance from ignition sources such as luminaries, heaters and flame-producing devices shall be maintained in an approved manner.

g.

Hot ashes or coals shall be disposed in a metal container with a tight-fitting lid and kept a minimum of 10 feet from the building.

h.

BBQs and open fires must be in an approved appliance or enclosure.

i.

No electrical wiring may be exposed or open in any outlet, switch or junction boxes.

j.

The electrical breaker box shall be labeled for distribution to appliances and may not contain any open slots. k.

The garage firewall shall not have any penetrations in sheet rock.

l.

An informational packet of emergency numbers shall be prepared for renters to direct them in the event of an emergency.

4.

Each vacation rental permit will be subject to the house rules set forth in this paragraph 4. The permittee shall provide the Director with a copy of the house rules prior to rental of the vacation rental unit, and shall promptly notify the Director in writing identifying any changes to the house rules. Prior to each rental of a vacation rental

unit, a copy of the house rules, the rental agreement, and the vacation rental permit shall be posted in a prominent location inside the vacation rental unit, including, at a minimum, the following:

a.

As part of the application for rental, the prospective renter shall sign an agreement acknowledging the house rules and promising to comply with them.

b.

The permittee shall limit overnight occupancy of the vacation rental to the specific number of renters designated in the permit, with the number of renters not to exceed two persons per bedroom meeting building and fire code requirements, plus two additional persons per vacation rental unit. Each bedroom that is a part of the vacation rental use shall have an emergency escape or rescue exit and shall comply with all applicable provisions and requirements of Title 15 of this code. In no case may more than 10 persons be allowed to sleep at the vacation rental unit.

c.

The permittee shall limit the number of vehicles of overnight renters to the maximum number of overnight renters designated in the permit, and shall require overnight renters to utilize designated on-site parking spaces to the maximum extent possible.

d.

The permittee shall provide access to the garage of the residence if that area has been included in the determination of the number of available onsite spaces per this code.

e.

It is the intent of the city to enforce sections of the Streets and Highways Code related to the provision for emergency vehicle access. Accordingly, no limousine or bus parking, and no stopping without the driver's presence, shall be allowed in any manner that would interfere with emergency vehicle access. In the event of an emergency, the vehicle driver shall immediately move the vehicle from the emergency access area.

f.

The permittee shall provide appropriate refuse and recycling service for the vacation rental business. Property shall be free of debris both onsite and in the street. Trash cans shall be maintained in a clean and sanitary manner in conformance with Chapter 5.60 of this code. Trash cans shall not be placed on the street prior to 24 hours before pick up day and shall be promptly removed from the street following service.

g.

Quiet times shall be 9:00 p.m. to 7:00 a.m. Sunday through Thursday evenings and 10:00 p.m. to 7:00 a.m. Friday and Saturday evenings.

h.

The permittee shall ensure that the renters and/or guests of the vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct; provided, however, that the city does not intend to authorize, and the city does not authorize, the permittee to act as a peace officer or place himself or herself in harm's way.

i.

The permittee shall, upon notification that renters and/or guests of his or her vacation rental have violated any house rules (including any unreasonable noise or disturbances, disorderly conduct, or violations of this code or state law) promptly act to stop the violation and prevent a recurrence of the violation.

j.

Pools and hot tubs shall be adequately screened from adjacent properties to minimize noise impacts and shall have the hours of operation clearly posted adjacent to the facility. Hours shall comply with paragraph (4)(g) of this subsection E.

k.

Exterior lighting shall also be adequately shielded from adjacent properties to minimize light pollution impacts in accordance with Section 17.08.040(I) of this code.

l.

It is prohibited to use the vacation rental unit for any wedding, auction, commercial function, or other similar event that is inconsistent with the use of the property for transient occupancy in a residential neighborhood.

m.

Pets may be permitted by vacation rental business owner, however the pet must be attended to at all times and must have current vaccinations.

5.

Each written advertisement (whether paper or electronic form) for a vacation rental use shall include the "City of Napa Certified Vacation Rental" permit number as part of the rental offering. No person shall advertise the use of a building in a residential or nonresidential zoning district of the city for a transient occupancy use unless: (a) the use is a hotel use in a nonresidential zoning district approved by the city pursuant to Title 17; or (b) the use has a use permit for a bed and breakfast inn pursuant to Section 17.52.060 of this chapter; or (c) the city has approved a vacation rental permit pursuant to this section.

6.

For each vacation rental use:

a.

The owner (for a hosted accommodation) and the authorized agent (for a non-hosted accommodation) must be available by telephone at all times when the vacation rental is rented, 24 hours per day.

b.

The owner (for a hosted accommodation) and the authorized agent (for a non-hosted accommodation) must be on the premises of the vacation rental unit within one hour of being notified (by a renter, or by the Director or Enforcement Officer) that there is a need for the owner (for a hosted accommodation) or the authorized agent (for a non-hosted accommodation) to address an issue of permit compliance or the health, safety, or welfare of the public or the renter.

c.

Only one rental agreement per vacation rental unit shall be in effect at any one time.

d.

It is a violation of this section for any accessory dwelling unit (as defined by Section 17.52.015 of this code) to be used for transient occupancy purposes.

7.

For each hosted accommodation:

a.

The owner must reside at the vacation rental unit, and the owner must sleep at the vacation rental unit while it is being rented.

b.

The owner must reside and sleep in a bedroom that is not rented to any renter.

c.

No more than two bedrooms may be rented for transient occupancy uses.

F.

Each vacation rental permit issued in accordance with this section shall be personal to the owner to whom the permit is issued (hereinafter "permitted owner"), and no person shall transfer, or attempt to transfer, the permit to any other person, unless the transfer is made in accordance with this subsection F. Any attempt to transfer a vacation rental permit, or use a transferred vacation rental permit, that is not transferred in accordance with this subsection shall be void, and shall constitute a violation of this code.

1.

A hosted accommodation vacation rental permit shall not be transferred by any person.

A non-hosted accommodation vacation rental permit may be transferred by the permitted owner to a purchaser of the real property on which the permitted vacation rental unit is located, subject to the conditions set forth in this paragraph 2. No purchaser shall operate a vacation rental use under the permitted owner's vacation rental permit until after the Director has approved the transfer of the permit in accordance with this subsection.

a.

Prior to the expiration of the permit, the permitted owner shall submit to the Director a written notice of intent to transfer the permit to the purchaser.

b.

Prior to the expiration of the permit, the purchaser shall submit to the Director all submittals and fee payments required pursuant to subsections (C)(3) and (D)(3) of this section.

c.

The Director shall evaluate and process the purchaser's application for approval, conditional approval, or denial, in accordance with the criteria set forth in subsections (D)(4) through (8) of this section.

G.

On or before January 1, 2017, and at least once per calendar year thereafter, the Director shall establish and update, in writing, a waiting list of applicants for a vacation rental permit, and a list of available permits (one set for hosted accommodations, and one set for non-hosted accommodations).

1.

Applicants included on the waiting list will include each application selected pursuant to subsection (D)(2) of this section for which: (a) a permit was not issued; and (b) the application was not denied pursuant to subsection (D)(4) of this section. The order of applicants on the initial waiting list shall be as set forth in subsection (D)(2).

2.

The list of available permits shall identify the number of permits that are unissued or no longer in effect (based on expiration, termination, or lapse).

3.

To the extent there are one or more permits identified on the list of available permits, the Director is authorized to evaluate permit applications, and process the applications for approval, conditional approval, or denial, in accordance with subsection D of this section.

4.

If the Director determines that additional applications are warranted (based on a comparison of the number of applicants on the waiting list to the list of available permits), the Director shall issue a written notice inviting applications for vacation rental permits, which shall be published and processed in accordance with subsections C and D of this section. Any applicants selected by the Director in accordance with this paragraph 4 and subsection (D)(2) of this section shall be added to the waiting list beginning with a number higher than the highest number on the waiting list.

H.

Each vacation rental permit issued pursuant to this section shall be subject to an annual permit review. No later than one year after the effective date of the permit, and no earlier than 275 days after the effective date of the permit, the owner shall submit to the Director the annual inspection fee along with all of the information set forth in this subsection H, documented in a form acceptable to the Director. For the purpose of this subsection, "effective date" is as defined by subsections (D)(8) and I of this section; and the first "effective date" of each 2009 permit shall be April 1, 2016, unless otherwise specifically documented on the 2009 permit.

1.

The owner shall pay the annual inspection fee established by City Council resolution based on the city's estimated reasonable costs to perform the annual inspections identified in this section. The owner shall document compliance with the requirements of subsection (E)(3) of this section.

The owner shall document compliance with all requirements of the Business License Ordinance (Chapter 5.04 of this code).

3.

The owner shall document compliance with all requirements of the Transient Occupancy Tax Ordinance (Chapter 3.20, particularly Section 3.20.060, of this code). The owner shall also document each date on which the vacation rental was rented during the previous term of the permit. If the owner fails to document rentals of at least 10 days during the permit term, the Director may determine that the permit is inactive and ineligible for approval of an extended term.

4.

The owner shall identify any notice of violation or concern (including any compliance order or citation issued by the city, or any concern or complaint identified by a neighbor) issued for the vacation rental use during the permit term, and shall document how the violation or concern has been addressed. If the Director determines that any past violation or concern has not been adequately addressed, or that a history of past violations is detrimental to the public health, safety, or welfare, the Director may determine that the permit is ineligible for approval of an extended term.

5.

The owner shall document that written notice was provided to property owners within 500 feet of the vacation rental unit, with the information required by subsection (D)(7) of this section.

I.

Following an annual permit review (pursuant to subsection H of this section):

1.

If the Director determines that the permittee is in compliance with all requirements of this section and the permit, the Director shall provide written notice to the permittee that the permit term is extended for one year, and the notice shall identify the newly established "effective date" of the permit.

2.

If the Director determines that the permittee has failed to comply with this section or the permit, the Director shall either: (a) notice a public hearing of the Planning Commission pursuant to the criteria of subsection (D)(5) of this section; or (b) provide written notice to the permittee that the term of the permit is expired.

3.

Upon expiration of any vacation rental permit, it shall be of no further force, validity or effect, and use of the property for transient occupancy purposes shall cease.

J.

At any time during the term of a vacation rental permit, the Director is authorized to initiate proceedings to revoke or modify the permit (or pursue any other remedy set forth in Title 1 of this code), if the Director determines in his or her discretion that: (1) a vacation rental use is detrimental to the public health, safety, or welfare; (2) the permittee has provided materially false or misleading information in any submittal required under this section; or (3) the permittee is in violation of, or has failed to comply with, any requirements of this section or the permit. In the event that the Director determines that any of the conditions described above exists, the Director is authorized to issue a compliance order in accordance with the procedures set forth in Section 1.24.040 of this code. If the permittee fails to cure the violations identified in the order within the time frame specified in the compliance order (which cure may include the Director's approval of a modification to the terms or conditions of the permit), the Director or the enforcement officer may either:

1.

Pursue any of the remedies set forth in Chapter 17.72 of this code; including, but not limited to, issuance of a stop order under Section 17.72.060, or notice a public hearing of the Planning Commission to consider a revocation or modification of the permit under Section 17.72.070.

Pursue any of the remedies set forth in Chapter 1.16 of this code, including, but not limited to, issuance of an administrative citation in accordance with Chapter 1.24 and subsection K of this section.

K.

It is a violation of this code, subject to enforcement pursuant to Chapter 1.16 of this code, for any person to establish or operate a transient occupancy use in any residential or nonresidential zoning district unless: (1) the use is in compliance with a hotel use in a nonresidential zoning district approved by the city pursuant to Title 17; or (2) the use is in compliance with a vacation rental permit pursuant to this section; or (3) the use is in compliance with a use permit for a bed and breakfast inn pursuant to Section 17.52.060 of this code. In addition to the fines and enforcement costs set forth in Section 1.16.050 of this code, and notwithstanding the limitations of Section 1.24.060 of this code, the amount of the fine imposed for each violation of this section shall be:

1.

$500.00 for a first violation;

2.

$750.00 for a second violation of the same code section within 12 months; and

3.

$1,000.00 for each day of each additional violation of the same code section within 12 months.

L.

Any determination made by the city pursuant to this section shall be final unless appealed pursuant to the requirements of this subsection L.

1.

Any determination by the Director or the Planning Commission to: approve, conditionally approve, or deny a permit application (pursuant to subsection D of this section), to transfer a permit to a purchaser (pursuant to subsection F of this section), to extend the term of a permit or to determine that a permit has expired following an annual review (pursuant to subsections H and I of this section), or to modify or revoke a permit (pursuant to subsection J of this section) may be appealed only in accordance with the requirements of Chapter 17.70 of this code.

2.

Any enforcement action taken by the Director or the Enforcement Officer pursuant to subsections (J)(2) or K of this section may be appealed only by requesting an administrative hearing in accordance with the requirements of Sections 1.24.070 through 1.24.090 of this code.

3.

Failure to timely appeal in the manner required by this subsection L shall constitute a waiver of the appeal and a failure to exhaust administrative remedies, and shall preclude any and all relief and claims arising in connection with the determination by the city pursuant to this section.

(O2015-13, 11/3/15; O2017-007, 3/7/17)

A.

Purpose. The purpose of this section is to provide for efficient water use in new and rehabilitated landscaping through soil preparation, plant selection, and irrigation system design. This section serves to protect local water supplies through the implementation of a whole systems approach to design, construction, installation, and maintenance of the landscape resulting in water conserving climate-appropriate landscapes, improved water quality, and the minimization of natural resource inputs.

B.

Definitions. As used in this section:

"Covered projects"

shall mean any new or rehabilitated landscape projects that require a building or grading permit, plan check, or design review that fall under any of the following categories:

a.

New construction project with a landscape area, as herein defined, equal to or greater than 500 square feet.

b.

Rehabilitated landscape project with a landscape area, as herein defined, equal to or greater than 2,500 square feet.

Exemptions. A covered project shall not include any of the following:

i.

Landscape areas that are on the property of any local landmark, on a property identified as a contributing resource in a local landmark district, or on a property of any listed resource, as those terms are defined under Napa Municipal Code Section 15.52.020.

ii.

Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system. iii.

Plant collections that are open to the public as part of a botanical garden or arboretum.

"Guidelines"

shall mean the Water Efficient Landscape Guidelines and accompanying appendices and worksheets that shall implement the requirements for covered projects as set forth in this section. The Guidelines shall be established by resolution of the City Council. The Guidelines shall establish an administrative structure and submittal framework for planning, designing, installing, and maintaining water efficient landscapes in new construction and in rehabilitated or remodeled development and for residential homeowners.

"Landscape area"

shall mean all the planting areas, turf areas, and water features in a landscape design plan. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation). The surface area of water features shall be included in the calculation of landscape area (high water use hydrozone).

"Public Works Director"

shall mean the Public Works Director of the City of Napa, or designee of the Public Works Director or City Manager.

C.

Prior to the issuance of a building permit or grading permit, each covered project shall provide documentation to the satisfaction of the Public Works Director that demonstrates compliance with either:

1.

The requirements of this section and the Guidelines.

2.

The requirements of the State of California Model Water Efficient Landscape Ordinance, California Code of Regulations Title 23, Division 2, Chapter 2.7, in a manner that meets or exceeds the design requirements of the Guidelines.

(O2010 19, 10/19/10; O2015-16, 12/15/15)

A.

Purpose. To provide for protection and restoration of wetland areas.

B.

Definition. A wetland is land that is permanently or periodically saturated by water from tidal action, rain or human action and defined as a wetland by federal regulations. It includes the term marsh.

C.

General Provisions. The following provisions shall apply to properties containing wetlands when a discretionary development permit is proposed:

1.

Applicants shall review the USFWS National Wetlands Inventory map for Napa, and site conditions to identify potential on-site wetlands. Where a site contains potential wetlands, the applicant shall include a wetlands

biologist assessment of the boundaries and character of the wetlands as part of the application.

2.

Wetland areas shall be mapped on the site plan.

3.

Projects involving wetlands shall be referred to the US Army Corps of Engineers and the State Department of Fish and Game for comment when the application is submitted.

4.

In general, significant* on-site wetlands shall be avoided, and protected through such measures as buffer areas and wetland management plans that identify ways to maintain water flows and monitor wetland health following development activities. (*Significance shall be determined by the wetland biologist in consultation with US Army Corps of Engineers, Fish and Game, considering their size and/or habitat value.)

nificant* on-site wetlands shall be avoided, and protected through such measures as buffer areas and wetland management plans that identify ways to maintain water flows and monitor wetland health following development activities. (*Significance shall be determined by the wetland biologist in consultation with US Army Corps of Engineers, Fish and Game, considering their size and/or habitat value.)

5.

Where wetland fill is proposed, the city shall incorporate recommendations by the US Army Corps of Engineers and Department of Fish and Game, including any requirements for wetland replacement or wetland restoration and management plans developed in consultation with these agencies. (O2003-12)

A.

Purpose. To provide attractive wineries that contribute to the strength of the Napa Valley viticulture industry in industrial, agricultural resource, and any other districts where they are allowed.

B.

Definition. Wineries are defined as an agricultural processing facility used for the fermenting and processing of grape juice into wine; or the refermenting of still wine into sparkling wine. C.

General Provisions. Wineries require a use permit. The following specific requirements shall apply to wineries in the City of Napa.

1.

Source of Fruit. Excepting wineries located in industrially zoned areas, at least 75% of grapes used to make the winery's still wine, or the still wine used by the winery to make sparkling wine shall be grown within the county of Napa. The application shall identify anticipated sources of fruit.

2.

Tours, tastings and retail sales may be permitted as an accessory use only, with limits to be determined through the winery use permit.

3.

Winery production capacity shall be established as part of the use permit.

4.

Use of mobile bottling equipment and disposal of wastewater shall be specifically reviewed.

5.

Development standards of the underlying district shall be met, or if development standards are unspecified, by the use permit governing the winery.

(O2003-12; O2015-7, 7/21/15)

Chapter 17.54 PARKING (§ 17.54.010 – § 17.54.180)

The specific purposes of the parking regulations are to:

A.

Reduce street congestion and traffic hazards in the city and contribute to the safety and convenience of Napa's citizens, by incorporating adequate, attractively designed and functional facilities for on-site parking and loading as an integral part of the use of land.

B.

Reduce the impact of parking facilities on surrounding uses.

C.

Establish parking standards for all uses consistent with need. (O2003-12)

On-site parking, loading and bicycle facilities shall be provided for any new building constructed and for any new use established; for any addition or enlargement of an existing building or use, and for any change in the occupancy of a building or the manner in which the use is conducted that would result in additional spaces being required, subject to the provisions of this chapter.

(O2003-12)

A.

Information Needed. To calculate parking requirements the property owner or authorized agent will typically need to provide a site plan drawn to scale showing property lines, all existing structures and improvements; floor plans of all structures; uses identified on the plans; and any existing on-site parking.

B.

Fractions. Where computation of required parking spaces produces a fractional number, one parking space or loading berth shall be required for a fraction of one-half or more, and no space or berth shall be required for a fraction of less than one-half.

C.

Combine Total for Multiple Structures. Where multiple structures or standards are involved, any rounding off of spaces shall be made on the aggregate total.

D.

Gross Square Footage Basis. When parking requirements are based on square footage (sq. ft.), calculations shall be based on the total gross floor area of the building.

E.

Employee Basis. When parking requirements are based on employees, it means the largest number of employees who work at any one shift.

F.

On-Street Parking. On street parking shall not be used to meet parking requirements of this chapter, unless specifically provided.

(O2003-12)

A.

Number of Spaces. On-site parking shall be provided in accordance with the following chart. Where the specific use in question is not listed, the Community Development Director shall determine if another similar use exists that may be used to select an appropriate parking standard. In order to make this determination, the Community Development Director may require the submission of survey data from the applicant.

B.

Modifications. The parking standards for any specific use listed may be modified with a use permit in order to provide adequate and well designed parking which is fair, equitable, logical and consistent with the intent of this chapter. Such modification shall be subject to review and approval by the Planning Commission. C.

Loading. In addition to the on-site parking listed below, on-site loading shall be provided for certain uses in accordance with Section 17.54.050 (On-site loading).

Use Classification On-Site Parking Required

1. Residential Uses Outside Downtown

D.

Downtown Specific Plan. Properties located within the boundaries of the Downtown Specific Plan shall comply with the parking requirements set forth in Chapter 6 (circulation and parking) of the Downtown Specific Plan. (O2007 15; O2010 1, 1/26/10; O2012 4, 5/15/12; O2017-007, 3/7/17)

All nonresidential buildings 10,000 square feet in size or greater to be occupied by retail, manufacturing, storage, warehouse, wholesale or similar use shall require on-site loading in accord with the following standards: A.

Required Loading Spaces.

B.

Size. Each loading space shall not be less than 10 feet in width, 30 feet in length with a minimum overhead clearance of 14 feet.

C.

Location. Such space may occupy all or part of any required yard but may not be located in the front or side setback area, or between the street and the nearest building unless screened. Loading areas shall also be located and designed to minimize noise impacts on adjacent sensitive uses to the extent feasible.

D.

Waiver. The Planning Commission may waive the loading requirement or modify the above standards if it is demonstrated that the proposed use does not require loading, that an alternative arrangement satisfies the loading need, or if the proposed site location and design has mitigated aesthetic and noise impacts and provides the best alternative.

(O2003-12)

All nonresidential uses required to provide 10 or more vehicular parking spaces shall also provide bicycle parking facilities according to the following standards:

A.

Spaces. A minimum of two bicycle parking spaces with an additional space for each 10 vehicular spaces in excess of 20 vehicle spaces.

B.

Modifications. The parking requirement for any specific use listed may be modified with a use permit in order to provide adequate parking, which is fair, equitable, logical and consistent with the intent of this chapter. Such modification shall be subject to review and approval by the Planning Commission.

C.

Lockers. Bicycle lockers may be installed but are not required.

D.

Waiver. The decision-making body may waive or reduce this requirement only if it can be demonstrated that the bicycle parking facilities are provided nearby to satisfy the proposed requirements or there is pre-existing

development such that there is no feasible location for such facilities. (O2003-12; O2004 9 18; O2010 22, 12/21/10)

No on-site parking or loading is required for any property zoned :PE, except for residential development. See Chapter 17.44 for additional information.

(O2003-12)

A.

Multiple Standards. When a single structure or lot contains multiple uses, more than one standard may apply, depending on the uses proposed.

B.

Shared. Shared parking solutions are encouraged. Required parking minimums may be reduced with a use permit provided that the shared parking spaces are:

1.

Located in a common parking lot or off-site convenient to the use(s) requiring the parking; and

2.

The parking will be secured for the use(s) requiring the parking by ownership and/or agreements sufficient to guarantee the long term use of the site for such parking; and

3.

The applicant is able to show through a parking analysis that peak demand for spaces from all uses will be met. A possible option for determining shared parking arrangements includes the Urban Land Institute Publication "Shared Parking."

4.

In no instance shall the total parking required be less than would be required for any one of the independent uses. C.

Off Site. Off-site parking for a use may be approved with a use permit consistent with subsections (B)(1) and (B)(2). (O2003-12; O2004 2)

A.

Use Permit Required. With a use permit, up to 20% of the parking requirement may be allowed to be placed in a landscape parking reserve. Such area shall be landscaped and set aside for future parking with an agreement to provide required parking upon demand by the city.

B.

Findings. In order to approve a parking reserve, the decision-making body must find that:

1.

The use is located close to transit and services and/or provides a shuttle that may reduce parking demand, or 2.

The residential project manager shall require limits on tenant parking to the satisfaction of the City Attorney. (O2003-12)

Up to 30% of the required nonresidential spaces, and 30% of residential parking facilities may be designed as compact spaces. Compact spaces shall be distributed throughout the parking area. (O2003-12; O2010 1, 1/26/10)

Tandem parking (parking one car behind another, where one car must be moved to get the second car out) is prohibited except for in the following residential applications:

A.

Residential Driveways. Driveways leading to a garage/carport or other uncovered space outside of setback areas for single-family, condominium, duplex and accessory dwelling unit uses, where at least two spaces are required for the unit and the tandem space is for the same household.

B.

Residential Garages. Tandem garages for single-family homes that require five or more parking spaces through an exception process. With this exception, the driveway space can continue to count as a legal space. (See Chapter

17.56, Administrative Exceptions).

C.

Other. Other residential development through a use permit.

(O2003-12; O2017-007, 3/7/17)

Parking in a required setback is prohibited except in the following residential applications: A.

Residential Driveways. Two parking spaces may be located in the setback when in a driveway leading to a garage, carport or other required parking space for single-family, condominium and duplex uses. (O2003-12)

Where residential subdivisions of five or more lots take access from new private streets, one guest parking space per unit shall be provided either on the street or in designated easement areas commonly available for guest use. Such parking shall be marked and distributed throughout the development. (See also Section 17.52.360.) (O2010 1, 1/26/10)

(O2003-12)

A.

Definition. For purposes of this title, a driveway consists of a paved way that provides direct access from a public or private street to one or two dwelling units, use or parking facility.

B.

Serving one or two single-family units, accessory dwelling unit, duplex and certain condominiums: 1.

Minimum Driveway Length. For single-family detached and other residential uses where the driveway is used to satisfy parking requirements: 20 feet with a roll-up garage door or carport. Length shall be measured from the property line, or where private streets are used, from the edge of the private street or sidewalk, whichever is more restrictive.

2.

Minimum Driveway Widths.

a.

10 feet for single width driveway less than 50 feet long.

b.

12 feet for single width driveway greater than 50 feet long. Note: widening may be required at curves or turns to accommodate fire access.

c.

18 feet for double width driveway less than 50 feet long.

3.

Curb Cuts. Driveway design shall incorporate curb cuts and driveway approaches as required by public works standards.

C.

Serving Other Uses.

1.

Minimum driveway length: 20 feet to the first parking space.

Minimum driveway widths:

a.

14 feet for one-way traffic;

b.

20 feet for two-way traffic;

c.

The City Engineer may require driveways in excess of the above widths where unusual traffic, grade or site conditions prevail. A minimum one-foot additional clearance is required on each side of a vertical obstruction exceeding 0.5 feet in height.

(O2010 1, 1/26/10; O2017-007, 3/7/17)

Visibility shall not be blocked between a height of two and seven and one-half feet within the vision triangle of a driveway crossing a street right-of-way line, except that fences that are at least 50% open shall be permitted up to three feet in height. The length/width of the triangle varies depending on the type of street: local street = 10 feet; collectors=15 feet; arterials=20 feet depending on the type of street. See illustration in definitions chapter. (Also see Section 10.32.020 "Obstructing visibility at driveways or intersections" and the Public Works Department Standard Specifications and Standard Plans Drawing S-25—"Visibility and Fencing Requirements.") (O2010 1, 1/26/10)

A.

Dimensions.

Standard space size: 9 by 19 feet* Compact space size: 8.5 by 16 feet* plus 0.5 feet width for spaces adjacent to landscape area and 1 foot adjacent to wall or fence and the front two feet of the required parking stall dimension may by used to enlarge an adjacent landscaped area but may not be used to meet minimum landscaping requirements. Landscaping within this overhang area shall be limited to low-lying shrubs and ground cover and must be approved by the Planning Division. Parallel parking space: 8 by 22 feet* **along a wall or fence, width shall be 10 feet; spaces having no obstruction or adjacent parking space within 10 feet on one end may be 20 feet long; or 18 feet if both ends are similarly clear

B.

Required Backup. Backup/aisle width for 90 degree parking: typically 25 feet. (O2010 1, 1/26/10)

A.

Joint use of driveways with adjacent property may be required along crucial corridors (see Chapter 17.48) and other arterial streets to reduce the total number of driveways, improve the flow of traffic and lower accident rates.

B.

No backing onto streets is permitted except for single family, accessory dwelling units or duplex residences where each unit is served by an individual driveway and is not located on a flag lot.

(O2010 1, 1/26/10; O2017-007, 3/7/17)

For parking lots and garages with five or more parking spaces:

A.

Dimensions. Parking facility aisle widths and parking space stalls shall be pursuant to the Parking Facility Dimensions Diagram and Minimum Parking Dimensions Table below:

==> picture [477 x 239] intentionally omitted <==

Parking Facility Dimensions Diagram

B.

Circulation.

1.

All spaces in a parking facility shall be accessible without re-entering a street unless it is physically impossible to provide such access. An alley may be used as maneuvering space for access to off-street parking facilities. 2.

Parking facility circulation shall allow forward entry to the street, no car shall back out onto a street.

3.

Driveways serving the same parking facility shall be located at least 35 feet apart.

Within a commercial parking facility with more than 50 parking spaces, convenient pedestrian walkways shall be provided.

C.

Other Standards.

1.

Plans Required. All plans for parking facilities (parking lots and garages with five or more parking spaces) shall be reviewed and approved by the Community Development and Public Works Directors before any work occurs.

2.

Paving and Drainage. All parking facilities shall be paved with asphalt, concrete or a comparable material and shall provide drainage in accord with city standards.

3.

Striping and Wheel Curbs. All parking facilities shall be striped, marked and maintained according to approved plans. Angled or 90 degree parking spaces require wheel curbs. All plans shall be in conformance with city standards.

4.

Emergency Access and Safety. Fire and emergency vehicle requirements shall be met. Speed control devices shall not be permitted in parking facilities where fire access is required. Parking facility pavement, lighting and plantings shall be maintained to prevent safety hazards.

5.

Lighting. Lighting may be required for any parking facility. Lights provided to illuminate any parking facility shall be designed to reflect away from residential use and motorists. Outdoor parking facility lighting shall not employ a light source higher than 24 feet, shall create no cone of direct illumination greater than 60 degrees from a light source higher than six feet, and shall not directly shine onto an adjacent street or property. Maximum illumination at ground level shall be three foot-candles but shall not exceed 0.5 foot-candles in an R district.

6.

Screening and Landscaping. All surface parking lots shall be landscaped and screened in accord with a landscape plan approved by the decision-making body. Such landscaping shall be provided generally in accordance with city landscape standards adopted by resolution.

7.

ADA. Accessible parking is required consistent with the most recently adopted Building Code standards. (O2010 1, 1/26/10)

A legally established use of a lot which does not meet the requirements for vehicular parking, bicycle parking or loading area established by this title is nonconforming with respect to parking and loading and shall be governed by the following regulations.

A.

Continuation. Uses which have nonconforming parking or loading may be continued indefinitely subject to the provisions of this section.

B.

Enlargement or Intensification of Uses Not Located on a Crucial Corridor.

1.

Enlargement of any existing structure or use, or any change of occupancy or manner of operation that would increase the number of parking, loading or bicycle spaces required by 10% or less shall require improvements to parking layout, loading, circulation, lighting or landscaping, but no additional parking spaces shall be required. 2.

Enlargement of any existing structure or use, or any change of occupancy or manner of operation that would increase the number of parking, loading or bicycle spaces required by more than 10% shall require improvements to parking layout, loading, circulation, lighting or landscaping. Additional parking spaces shall also be required for the enlargement or change per the standards specified in Section 17.54.040.

C.

Enlargement or Intensification of Uses When Located on a Crucial Corridor (e.g., :TI Overlay District). Enlargement of any existing structure or use, or any change of occupancy or manner of operation that would increase the number of parking, loading or bicycle spaces required shall require improvements to parking layout, loading, circulation, lighting or landscaping. Additional parking spaces shall also be required for the enlargement or change per the standards specified in Section 17.54.040. Where numbers of parking spaces for the existing structure or use are deficient, additional parking spaces may also be required where feasible.

D.

Loss of Existing Covered Parking. In residential applications, any existing covered parking lost due to fire or other reason shall be replaced, and, to the extent feasible, enlarged to meet current dimension standards.

E.

Determination of Improvements. Determination of the amount of parking improvements required to upgrade or improve existing parking conditions shall be made by the Community Development Director or the decisionmaking body. Such determination shall consider the size of the proposed addition or extent of change in relation to the existing development, off-site parking conditions, and site constraints.

F.

Changes to Parking Area. Any changes to a parking area layout, loading area, circulation aisles, access, lighting or landscaping may only be changed when the change reduces or corrects an existing substandard condition. Any such proposed change must be approved by the city.

G.

Process. Applicants proposing to change a parking area shall prepare a parking plan, that shall be approved by the Community Development Director and Public Works Director, or the decision making body, where other discretionary permits are involved.

(O2003-12)

Chapter 17.55 SIGN ORDINANCE (§ 17.55.010 – § 17.55.160)

The purposes of this chapter are to:

A.

Regulate signs located on property within the City over which the City has regulatory authority. B.

Implement the City's community design and safety standards as set forth in the City's general plan, specific plans, municipal code, and design guidelines.

C.

Maintain and enhance the City's appearance by regulating the design, character, location, number, type, quality of materials, size, illumination, and maintenance of signs.

D.

Further the City's interests in maintaining and enhancing its visual appeal for residents, businesses, tourists and other visitors by preventing the degradation of visual quality which can result from excessive and poorly designed, located, or maintained signage.

E.

Generally limit commercial signs to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing reasonable channels of communication to the public.

F.

Limit the size and number of signs to levels that reasonably allow for the identification of a residential, institutional, public, or business location and the nature of any such use.

G.

Encourage sign types that are appropriate to the zoning district in which they are located and consistent with the permitted uses of the subject property.

H.

Establish sign sizes in relationship to the scale of the parcel and building on which the sign is to be placed or to which it pertains.

I.

Minimize the possible adverse effects of signs on nearby public and private property, including streets, roads, and highways.

J.

Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload their capacity to quickly receive information.

K.

Reduce hazardous situations, confusion, and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, area and bulk of signs which compete for the attention of pedestrian and vehicular traffic.

L.

Regulate signs in a manner so as to not physically interfere with or obstruct the vision of pedestrian or vehicular traffic.

M.

Permit without the need for administrative approval certain minor or temporary signs that meet specified standards for the time, place, and manner of their installation and use, and that do not require administrative review for compliance with the City's building and electrical codes.

N.

Reasonably regulate the structural, locational and other noncommunicative (time, place, and manner) aspects of signs, generally for the public health, safety, welfare, and specifically to serve the public interests in community aesthetics and traffic and pedestrian safety.

O.

Facilitate the fair, consistent, and efficient enforcement of the sign regulations of the City.

P.

Regulate signs in a constitutional manner, recognizing the important distinctions between noncommercial signs and commercial signs.

(O2019-001, 1/15/19)

The words, phrases and terms used in this chapter will have the meaning set forth in this section unless another meaning is clearly apparent from the context.

"Abandoned sign"

means any commercial sign that identifies a legally established business, product, good, service, commercial

activity, or commercial transaction that has ceased operation on the site where the sign is located. See Section 17.55.130 (Signs generally prohibited).

"Banner sign"

means a temporary sign (typically for special events) composed of lightweight material either enclosed or not enclosed in a rigid frame, and secured or mounted so as not to allow movement of the sign. "Billboard"

means a sign structure which is used for the display of off-site commercial messages. See Section 17.55.130 (Signs generally prohibited).

"Blade sign"

means a small, pedestrian-oriented sign that hangs underneath an awning, canopy, or pedestrian overhang. Similar to an under canopy sign. Figure 17.55-12 (Under-Canopy Sign).

"Bracket sign"

means a small, pedestrian-oriented sign that projects perpendicular from a structure. See Figure 17.55-1 (Bracket Sign).

Figure 17.55-1 Bracket Sign

==> picture [247 x 270] intentionally omitted <==

" - " Building attached sign

means a sign placed on a wall or canopy, projecting from a wall, or hung underneath a canopy or overhang

structure. This sign category includes bracket signs, can signs, canopy signs, channel letter signs, projecting signs, push pin signs, reverse channel letter signs, under-canopy signs, and wall signs, each as defined in this section.

"Building frontage, primary"

means the building frontage that faces the street. In cases where a building has more than one street frontage, the longest of the street frontages will be considered the primary building frontage. In cases where a business has no building frontage facing a street, the building frontage with the primary business entrance will be considered the primary building frontage. For multitenant buildings, ground-floor tenants may have their primary building frontage determined independently of the rest of the building based on the aforementioned definitions.

"Canopy"

means a structure made of metal or a flexible material covering a metal frame attached to a building (and is also referred to sometimes as an awning).

"Canopy sign"

means any sign that is part of or attached to an awning, canopy, or other material, or structural protective cover (excluding a marquee) over a door, entrance, window, or outdoor service area.

"Can sign"

means a sign which contains all the copy within a single enclosed cabinet that is mounted to a wall or other surface. It specifically does not include the sign cabinet that is part of a freestanding sign. See Figure 17.55-2 (Can Sign).

Figure 17.55-2 Can Sign

==> picture [289 x 203] intentionally omitted <==

"Changeable copy sign"

means a sign with copy that can be changed or rearranged manually on the sign face without physically altering the surface of the sign. A sign on which the copy changes more than 12 times per day is considered an electronic message sign for purposes of this chapter.

"Channel letter sign"

means a sign comprising individual characters of the copy (e.g., letters or numerals) that are independently mounted to a wall or other surface with a covered face, where the "air space" between the characters is the building façade. See Figure 17.55-3 (Channel Letter Sign).

Figure 17.55-3 Channel Letter Sign

==> picture [389 x 216] intentionally omitted <==

"Commercial mascot sign"

means a person, animal, or inanimate object intended to simulate a live person or animal (such as a robotic device) that: (a) holds or supports a commercial sign, or (b) has a commercial sign attached. A commercial mascot sign includes "sign twirlers" and "human sandwich boards." See Section 17.55.130 (Signs generally prohibited). "Commercial message"

means any copy that directly or indirectly names, draws attention to, or advertises a business, product, good, service, or other commercial activity, or which proposes a commercial transaction. "Commercial sign"

means a sign with a commercial message.

"Construction sign"

means a temporary sign mounted or displayed on the site of a construction project during the time when actual physical construction is ongoing that identifies the architects, contractors, engineers, lenders, operators, owners, future tenants, or others associated with the construction project, but which contains no other advertising matter. "Copy"

means the words, letters, numerals, characters, figures, logos, symbols, trademarks, illustrations, designs, text, or other visual representations incorporated into the communicative elements of a sign.

"Department"

means the City Community Development Department.

"Digital display"

means display methods utilizing light emitting diode (LED), liquid crystal display (LCD), plasma, projected images, or any functionally equivalent technology, and which is capable of automated remote or computer control to change the image, either in a "slide show" manner (series of still images), or full motion animation, or any combination of them.

"Directional sign"

means a sign designed to guide or direct pedestrian or vehicular traffic to specific parts or locations of a business or use.

"Director"

means the Director of the Community Development Department or the designee of the Director or the City Manager.

"Directory sign"

means a sign illustrating the general site plan and listing the businesses or establishments within an office

complex, shopping center or industrial complex showing the locations of various buildings, uses or occupancies on a single display surface.

"Election period"

means the period commencing 90 days before any national, state, or local election in which City electors may vote up through the date of the election.

"Electronic message sign"

means a sign with a digital display, or the intermittent display, stream, or movement of electronic, computerized, digital, or similarly produced copy. Also known as "dynamic signs" and "commercial electronic variable message signs (CEVMS)."

"Figurative sign"

means a sign that comprises a three-dimensional object that graphically or iconically brands an establishment or development (e.g., provides a representational message rather text messages). Such signs may be used as building-attached or freestanding signs. See Figure 17.55-4 (Figurative Sign).

Figure 17.55-4 Figurative Sign

==> picture [259 x 191] intentionally omitted <==

"Flashing sign"

means an illuminated sign that exhibits changing light or color effect by blinking, flashing, or any other such means so as to provide a non-constant illumination. See Section 17.55.130 (Signs generally prohibited).

"Freestanding sign"

means a sign that is self-supporting in a fixed location and not attached to a building. Freestanding signs include monument, pole, and pylon signs as defined in this section.

" - " Freeway oriented sign

means a sign located on property which is adjacent to State Route 29 between Trancas Street and State Route 12 and designed to be seen from this area of the freeway.

"Garage sale signs"

are temporary signs advertising the occasional, non-business public sale of used household and other goods incidental to household uses from a residential use (including yard sales and estate sales).

"Gas pricing sign"

means a sign identifying the brand, types, octane rating, price of gasoline or other motor vehicle fuel offered for sale on the premises and such other related information as required by law.

"Handheld noncommercial message"

means a noncommercial message that is attached to solid material (such as wood, cardboard, paper, plastic, or metal) no larger than two feet high and two feet long, and that is held by one person.

"Identifcation sign"

means a sign that contains only the name, trademark or symbol, or address, of the building or occupant of the property.

"Illegal sign"

means any sign that is or was erected, installed, modified, or maintained without complying with all applicable laws (including Title 15 of this code, this chapter, and any applicable sign permit requirements or regulations);

except that a legal conforming sign is not an illegal sign. See Section 17.55.130 (Signs generally prohibited) and see also Section 17.55.150 (Sign maintenance).

"Illuminated sign"

means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. This includes signs made with gas tubes that are bent to form copy and illuminated with neon or other gaseous matter.

"Incidental sign"

means a wall sign indicating property-related matters, facilities, or services available on the premises such as restrooms, credit cards accepted, or hours of operation.

"Individual business"

means a freestanding development that is not considered to be part of an integrated development. "Infatable sign"

means a sign made of flexible material such as rubber, latex, polychloroprene, or a nylon fabric which is inflated by air or other gaseous matter. See Figure 17.55-5 Inflatable Sign. See Section 17.55.130 (Signs generally prohibited).

Figure 17.55-5 Inflatable Sign

==> picture [190 x 237] intentionally omitted <==

"Integrated development"

means a development consisting of three or more separate tenants or uses that share structures, public spaces, landscaping, and parking facilities.

" - " Large, single use entity

means an institution or business with a single use on a minimum of 2 acres, or with a building frontage equal to or greater than 200 lineal feet.

"Legal nonconforming sign"

means any sign that: (a) was erected, installed, or modified in compliance with all applicable laws (including Title 15 of this code and any other applicable sign regulations or sign permit requirements) that were in effect at the time of its erection, installation, or modification; and (b) remains in compliance with all applicable laws that were in effect at the time of its erection, installation, or modification; but is not in compliance with the provisions of this chapter or code; except that any of the following signs are not legal nonconforming signs: abandoned signs, unsafe signs, or any sign that is not maintained in accordance with Section 17.55.150.

"Marquee"

means a permanent roof-like structure projecting beyond a building or the wall of the building for a distance of five or more feet.

"Marquee sign"

means a sign attached to or made a part of a marquee. See Figure 17.55-6 (Marquee Sign).

Figure 17.55-6 Marquee Sign

==> picture [218 x 240] intentionally omitted <==

"Mobile billboard sign"

means a sign that is attached to or placed on a wheeled, mobile, nonmotorized vehicle, which carries, pulls, or transports a sign, and is for the primary purpose of advertising in accordance with Section 395.5 of the California Vehicle Code. See Section 17.55.130 (Signs generally prohibited).

"Monument sign"

means a freestanding sign supported by a structural base constructed of a permanent material, such as brick, concrete block or stone. See Figure 17.55-7 (Monument Sign).

Figure 17.55-7 Monument Sign

==> picture [442 x 202] intentionally omitted <==

"Moving sign"

means a sign or any portion of a sign on which the copy or communicative element rotates, moves, or appears to move in some manner, whether by mechanical, electrical, natural, air activation, or other means; except that neither a changeable copy sign nor an electronic message sign is a moving sign. See Section 17.55.130 (Signs generally prohibited).

"Name plate"

means a wall sign that identifies the occupant of a building or portion of a building.

"Noncommercial message"

means any copy that communicates a message that is not a commercial message. A noncommercial message does not directly or indirectly, name, draw attention to, or advertise a business, product, good, service, or other commercial activity, or propose a commercial transaction.

"Noncommercial sign"

means a sign with a noncommercial message. "Off-site sign"

means a commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial activity which originates on a site other than where the sign is maintained. See Section 17.55.130 (Signs generally prohibited).

"On-site sign"

means a commercial sign which directs attention to a business, product, good, service, commercial activity, or commercial transaction conducted, sold, or offered upon the lot or parcel on which the sign is placed. In the case of an integrated development, a commercial sign is considered on-site whenever the advertised business, product, good, service, commercial activity, or commercial transaction is conducted, sold, or offered anywhere within the development.

"Order board or drive through sign"

means a sign installed in a drive-through facility and oriented so as to be visible primarily by drive-through customers.

"Painted sign"

means a sign that comprises only paint applied on a building or structure. "Pennant"

means a lightweight plastic, fabric, or other material, whether or not containing a message of any kind, attached to a rope, wire, or string, usually in a series, designed to move in the wind and attract attention.

"Permanent display case"

means a case or cabinet constructed of durable, permanent materials such as metal, plastic, and glass, used to display commercial messages.

"Permanent sign"

means a sign that is entirely constructed of durable materials, and is solidly attached to a building, structure, or the ground in a manner that renders the sign non-moveable or difficult to reposition without the use of machinery or mechanical devices, and that is not a temporary sign.

"Pole sign"

means a freestanding sign, supported by one or more metal or wood posts, pipes, or other vertical supports, which support structure is not integrated into the overall design of the sign. See Figure 17.55-8 (Pole Sign). See also Section 17.55.130 (Signs generally prohibited).

Figure 17.55-8 Pole Sign

==> picture [165 x 248] intentionally omitted <==

"Portable sign"

means a freestanding sign made of wood, cardboard, plastic or other rigid material, that is not permanently attached to the ground or other permanent structure, that has the capability to stand on its own support(s), and that is portable or designed to be transported. An example of a portable sign is an "A-frame sign" also sometimes referred to as a "sandwich board sign." See Figure 17.55-8 (Portable Sign). See also Section 17.55.130 (Signs generally prohibited).

Figure 17.55-8 Portable Sign

==> picture [177 x 154] intentionally omitted <==

"Promotional event sign"

means a temporary on-site commercial sign advertising a special product, sale, or event, including a business opening or closing sale.

"Projecting sign"

means a sign attached to and extending outward from the face of a structure more than 12 inches. Examples include blade, bracket, and marquee signs.

"Property owner"

means the fee title owner of a property, or the person in possession and control of the property, or the owner's authorized agent.

"Push pin letter sign"

means a sign made up of individual characters of copy (e.g., letters or numerals) that are independently mounted to a wall or other surface. Such sign may be illuminated by an external light source, such as pendant lighting,

where the "air space" between the characters is not part of the sign structure but rather the building façade. See Figure 17.55-9 (Push Pin Letter Sign).

Figure 17.55-9 Push Pin Letter Sign

==> picture [266 x 164] intentionally omitted <==

"Pylon sign"

means a freestanding sign detached from a building where the sign face is usually over six feet high and separated from ground level by one or more concealed supports such as poles, pole covers or columns. See Figure 17.55-10 (Pylon Sign).

Figure 17.55-10 Pylon Sign

==> picture [188 x 246] intentionally omitted <==

"Quarter"

refers to a three-month period of time.

"Real estate marketing period"

means the period that runs from the date of active sale or rental listing or marketing of a property until seven days following the closing or completion of the proposed transaction.

"Real estate sign"

means a temporary sign erected during a real estate marketing period advertising the sale, lease, or exchange of the property upon which it is located and such other matters as permitted under California Civil Code section 713. This definition does not include occupancy signs at establishments offering transient occupancy, such as hotels and motels.

"Reverse channel letter sign"

means a sign comprising individual characters of copy (e.g., letters or numerals, referred to herein as "channel letters") that are independently mounted to a wall or other surface, with lights mounted behind the channel letters that face the wall behind. Lights illuminate the space around the channel letters rather than the channel letters themselves, creating a "reverse" lighting effect (e.g., halo effect). The "air space" between the channel letters is not part of the sign structure but rather the building façade. See Figure 17.55-11 (Reverse Channel Letter Sign).

Figure 17.55-11 Reverse Channel Letter Sign

==> picture [291 x 262] intentionally omitted <==

"Roof sign"

means a sign placed upon, projecting from, or above the eaves of the roof or the roof itself. A sign hanging from and below a roof eave is not a roof sign. See Section 17.55.130 (Signs generally prohibited).

"Sign"

means: (a) any device, fixture, placard, or structure, including its component parts; which (b) uses copy to draw attention to a commercial message or noncommercial message; and (c) which is visible by the general public from any public street, road, highway, or right-of-way, any private street, any City property (such as a City park, trail, or community building), or any parking area. However, the following messages are explicitly excluded from the definition of "sign" for the regulatory purposes of this chapter:

Any public or legal notice authorized or required by a government agency having jurisdiction; 2.

Decorative or architectural features of buildings, except copy that communicates a commercial message; 3.

Symbols of noncommercial organizations or concepts including, but not limited to, religious or political symbols, when such are permanently integrated into the structure of a permanent building which is otherwise legal; 4.

Signs located inside a motor vehicle, as defined by California Vehicle Code section 415;

Signs attached to a motor vehicle, as defined by California Vehicle Code section 415, including license plates, license plate frames, registration insignia, noncommercial messages, messages relating to the business or service of which the vehicle is an instrument or tool, messages relating to the proposed sale, lease or exchange of the vehicle; provided that the motor vehicle with the sign attached is in accordance with state law for operation on a

street or highway (but not including a mobile billboard sign, which is a prohibited sign under Section 17.55.130 (Signs generally prohibited));

6.

Traffic, directional, emergency, warning or informational signs authorized or required by a government agency having jurisdiction;

7.

Permanent memorial or historical signs, plaques or markers authorized or required by a government agency having jurisdiction;

8.

Public utility signs authorized or required by a government agency having jurisdiction;

9.

Any sign over which the City's authority to regulate is preempted under state or federal law; and 10.

Items or devices of personal apparel, decoration or appearance, including tattoos, makeup, wigs, or costumes; and any handheld noncommercial message (provided, however, any commercial mascot sign is a prohibited sign under Section 17.55.130 (Signs generally prohibited)).

"Sign face"

means the portion of a sign intended to communicate the copy of the sign, to be viewed from one particular direction.

"Temporary sign"

means a sign constructed of cloth, canvas, lightweight fabric, cardboard, wallboard, wood or other light materials, with or without frames, which is not intended for or suitable for long-term or permanent display, due to the materials used.

"Under-canopy sign"

means a pedestrian-oriented sign hung from underneath an awning, canopy, or overhang structure/breezeway, and is also sometimes referred to as a blade sign. See Figure 17.55-12 (Under-Canopy Sign).

Figure 17.55-12 Under-Canopy Sign

==> picture [251 x 270] intentionally omitted <==

"Unsafe sign"

means a sign posing an immediate peril or reasonably foreseeable threat of injury or damage to persons or property on account of the condition of the sign structure or its mounting mechanism. See Section 17.55.130 (Signs generally prohibited).

"Wall sign"

means a sign attached directly to an exterior wall of a building or dependent on a building for support, with the exposed face of the sign located in such a way as to be substantially parallel to such exterior building wall to which it is attached or is supported by, and which does not extend above the roof, parapet, building façade, or any outermost edge of the building or structure, and which has no portion that projects more than 12 inches from the wall surface.

"Window sign"

means a sign placed in a window or attached to the interior side of a window surface or painted on the exterior or interior side of a window surface, or otherwise located within six inches of the window so as to be visible from the exterior of the building. This definition does not include window displays of merchandise offered for sale. A window sign painted on the exterior surface of a window must be sealed in a manner that preserves the sign and protects it from damage or defacement.

(O2019-001, 1/15/19)

This chapter, which may be referred to as the "Sign Ordinance," regulates signs located on property within the City over which the City has regulatory authority, including all zoning districts of the City. Except as expressly provided in this chapter, this chapter does not apply to signs installed or maintained by the City: (a) on City-owned property; (b) on property in which the City holds a present right of possession; or (c) on the public right-of-way. (O2019-001, 1/15/19)

Except as otherwise expressly provided in this chapter, no person may place, erect, install, operate, structurally or electrically alter, change commercial message copy, move, or display any sign without first obtaining a sign permit in accordance with the provisions of this chapter. This chapter expressly provides that a sign permit is not required for: substitution of a noncommercial message for a commercial message (Subsections 17.55.080(B) and (C)); limited substitutions of messages on changeable copy sign (Subsection 17.55.110(B); limited substitutions of messages on electronic message signs (Subsection 17.55.110(C)); specified temporary and incidental signs (Section 17.55.120); and sign maintenance and removal (Section 17.55.150).

(O2019-001, 1/15/19)

The Community Development Director, Planning Commission, or City Council, as applicable, is authorized to approve, conditionally approve, or deny applications for sign permits, uniform sign programs, and creative sign programs authorized under this chapter. This authority is identified as follows:

A.

Community Development Director. The Director will make written determinations on sign permit applications listed under Subsection 17.55.060(B), including administrative certificates of appropriateness under Subsection 17.55.070(C) of this code for the installation of signs at a historic resource. B.

Planning Commission. The Planning Commission will: (1) make determinations on uniform sign program and creative sign program applications listed under Subsections 17.55.070(A) and (B); and (2) hear appeals of any action taken by the Director under this chapter, subject to the appeal being filed in accordance with the requirements of Chapter 17.70.

C.

City Council. The City Council will hear appeals of any action taken by the Planning Commission under this chapter, subject to the appeal being filed in accordance with the requirements of Chapter 17.70.

D.

Expedited Review. Upon final action by the City Council to deny an application for a sign permit, uniform sign program, or creative sign program, the City hereby designates the sign permit, uniform sign program, or creative

sign program as eligible for expedited review in accordance with California Code of Civil Procedure section 1094.8.

(O2019-001, 1/15/19; O2019-004, 4/2/19)

A.

Purpose. The purpose of a sign permit is to regulate compliance with the provisions of this chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size, and type of sign.

B.

Sign Permit. A sign permit is an administrative permit decided by the Director in accordance with the provisions of this chapter. The process for application, review, decision, and appeal regarding a sign permit is provided in Chapter 17.58 (Administrative Permits). Modifications to any sign permit must be made in the same manner as the original approval.

(O2019-001, 1/15/19)

To address special signage situations, the City has established the following sign programs and approval processes:

A.

Uniform Sign Program. A uniform sign program is required for each multi-tenant non-residential project such as shopping centers, office parks, and other multi-tenant, mixed-use, or otherwise integrated developments of three or more separate tenants/uses that share structures, public spaces, landscape, or parking facilities. This program is intended to ensure unified sign design and common sign provisions for multi-tenant or multi-use projects. A uniform sign program is decided by the Planning Commission. The process for application, review, hearing, decision, and appeal regarding a uniform sign program is provided in Chapter 17.68 (General Permit Process, Public Hearing Notice). At a minimum, the uniform sign program must include the type, number, size, location, placement, and general design parameters of all permanent signs. Modifications to any uniform sign program must be made in the same manner as the original approval.

In order to approve a uniform sign program, the Planning Commission must make all of the following findings:

1.

The proposed uniform sign program is consistent with the objectives of the general plan;

2.

The proposed uniform sign program is consistent with all adopted specific plans, master plans, and design guidelines applicable to the project;

3.

The proposed uniform sign program establishes a unified design theme for all permanent signs within the project; and

4.

The proposed uniform sign program is in compliance with all requirements of this chapter; except that, it is within the discretion of the Planning Commission to approve minor deviations to the area, height, or locational placement of signs that do not exceed 10 percent more than the maximum requirements of this chapter and an increase in the number of signs not to exceed 100 percent more than the maximum allowances of this chapter, if the Planning Commission finds that the minor deviations contribute to the character and vitality of the project, do not negatively impact surrounding properties, and will not be detrimental to the health, safety, and general welfare of the public.. B.

requirements of this chapter and an increase in the number of signs not to exceed 100 percent more than the maximum allowances of this chapter, if the Planning Commission finds that the minor deviations contribute to the character and vitality of the project, do not negatively impact surrounding properties, and will not be detrimental to the health, safety, and general welfare of the public.. B.

Creative Sign Program. A creative sign program is a discretionary entitlement decided by the Planning Commission which allows an applicant to request deviations to the area, height, or locational placement of signs that do not exceed 20 percent more than the maximum requirements of this chapter and an increase in the number of signs not to exceed 100 percent more than the maximum allowances of this chapter. The process for application, review, hearing, decision, and appeal regarding a creative sign program is provided in Chapter 17.68 (General Permit Process, Public Hearing Notice). Modifications to any creative sign program must be made in the same manner as the original approval.

In order to approve a creative sign program, the Planning Commission must make all of the following findings: 1.

The proposed creative sign program is consistent with the objectives of the general plan;

2.

The proposed creative sign program is consistent with all adopted specific plans, master plans, and design guidelines applicable to the project;

3.

The proposed creative sign program establishes a unified design theme for all permanent signs within the project;

4.

The proposed creative sign program establishes unique project signage that exhibits a high degree of imagination and visual interest, which contribute positively to the visual character of the community; and

5.

The proposed creative sign program is in compliance with all requirements of this chapter; except that, it is within the discretion of the Planning Commission to approve deviations to the area, height, or locational placement of signs that do not exceed 20 percent more than the maximum requirements of this chapter and an increase in the number of signs not to exceed 100 percent more than the maximum allowances of this chapter, if the Planning Commission finds that the deviations contribute to the character and vitality of the project, do not negatively impact surrounding properties, and will not be detrimental to the health, safety, and general welfare of the public. C.

Variances. Where there are special circumstances such as the size, shape, topography, location of existing structures of a property on which a permanent sign is proposed to be located, an applicant may seek a variance under Chapter 17.64 of this code.

(O2019-001, 1/15/19; O2021-002, 4/6/21)

A.

Owner's Consent Required. The consent of the property owner is required for any application for a sign permit, uniform sign program, or creative sign program, and before any permanent sign may be erected or installed. B.

Noncommercial Signs. Noncommercial signs are allowed wherever commercial signs are permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this chapter. A permit is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial messages are deemed to be on-site, regardless of location.

C.

Substitution of Noncommercial Messages. Subject to the consent of the property owner, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed under this chapter. No sign permit is required to substitute a noncommercial message for any other message on a permitted sign, provided the sign structure is already approved or exempt from the sign permit requirement. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, locational and structural regulations (e.g. color, materials, size, height, illumination, maintenance, duration of display) as well as all building related requirements of Title 15 of this code, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this chapter, the provisions of this subsection will prevail.

D.

Substitution of Commercial Messages. The substitution of one commercial message for another commercial message, or the substitution of a commercial message for a noncommercial message is authorized only to the extent permitted in accordance with the terms of an approved sign permit, uniform sign program, or creative sign program. In addition, no off-site commercial messages may be substituted for on-site commercial messages.

E.

Mixed Use Zones. In any mixed use zone where both residential and non-residential uses are allowed, the

residential uses will be entitled to have the temporary signs permitted in residential zones under Section 17.55.120 (Temporary and incidental signs allowed without a permit).

F.

Legal Nature of Sign Rights and Duties. All rights, duties and responsibilities related to permanent signs attach to the land on which the sign is erected or displayed and run with the land. All sign related rights, duties and responsibilities are joint and several as to a permit holder, the owner of the sign, the property owner, or the person erecting the sign, and the City may demand compliance with this chapter and with the terms of any sign permit or sign program from each or all of them. This provision does not modify or affect the law of fixtures, sign-related provisions in private leases regarding signs (so long as they do not conflict with this chapter), or the ownership of sign structures.

(O2019-001, 1/15/19; O2019-004, 4/2/19)

This section describes the method for measuring sign area and height, and outlines standards for the placement, materials and colors, relationship of the sign to buildings and other properties, construction, and the illumination of signs.

A.

Calculating the Area of Signs.

1.

General area calculation. Generally, the area of a sign face will be measured as the overall length of the sign face times the overall height of sign face inclusive of background. All sides of a multisided sign will be included in the total area calculations. See Figure 17.55-13 (General Sign Area Measurement).

Figure 17.55-13 General Sign Area Measurement

==> picture [328 x 291] intentionally omitted <==

==> picture [324 x 293] intentionally omitted <==

2.

Canopy signs. The sign face of a canopy sign will be measured as 100 percent of the area within a single rectangle enveloping the sign copy. (For properties located within the Downtown Specific Plan Area, see Chapter 5(I) Awnings, of the Downtown Specific Plan regarding additional guidelines.)

3.

Freestanding signs. The sign face of a freestanding sign will be measured as the overall length of the sign face times the overall height of the sign face, excluding framework (e.g., post, masonry column, or beam). The base of a monument sign is not part of the sign face. For double-faced (two-sided) freestanding signs, only one side of the sign will be used to determine the area of the sign face.

4.

Figurative signs. The sign face of a figurative sign, which consists of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculptures, or statue-like trademarks), will be measured at the maximum projection upon a vertical plane, as viewed from a position in the public right-of-way which produces the largest visual projection. See Figure 17.55-14 (Area of Figurative Signs (Three-Dimensional Objects)).

Figure 17.55-14 Area of Figurative Signs (Three-Dimensional Objects)

==> picture [283 x 237] intentionally omitted <==

B.

Calculating the Height of Signs. Sign height will be measured by using the vertical distance from the uppermost point used in measuring the area of a sign to the ground (existing grade) immediately below such point. C.

Materials and Colors. All permanent signs must be constructed of durable materials that are compatible in appearance to the building supporting or identified by the sign. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity.

D.

Relationship to Buildings. Each permanent sign located upon a site with more than one main building, such as a commercial office complex, must be designed to incorporate the materials common or similar to all buildings. E.

Relationship to Other Signs. Where there is more than one sign on a site or building, all permanent signs must have designs that similarly treat or incorporate the following design elements:

1.

Type of construction materials;

2.

Sign/letter color and style of copy;

3.

Method used for supporting sign (i.e., wall or ground base);

4.

Sign cabinet or other configuration of sign area;

5.

Illumination; and

6.

Location.

F.

Sign Placement.

1.

Building-attached sign location. Building-attached signs may be located along any building frontage that faces directly onto a public right-of-way, parking lot, pedestrian path, or natural waterway with public access. Such signs should be oriented towards the public right-of-way or pedestrian path and be consistent with the context, scale,

and character of the location. Orientation of signs such that they face directly onto residential property is allowed only where there is no practical alternative and the visibility of the sign for the residence(s) is minimized and the sign is nonilluminated. All projecting signs must have a minimum 8-foot overhead clearance above a walkway and a minimum of 15 feet above a private street/access.

2.

Freestanding sign setback and spacing.

a.

Generally, freestanding signs must be setback a minimum of five feet from the public right-of-way. Exceptions may be granted through a uniform sign program, creative sign program, or by a variance request as outlined in this chapter.

b.

No sign may be located within the area designated as the vision triangle as described in Chapters 10.32 and 17.54 of this code. The vision triangle is the area at the corner of the intersection of two streets, or the intersection of a driveway and a street, which has specific height limitations for vegetation and structures. Signs must be designed and located so as not to interfere with the unobstructed clear view of the public right-of-way and nearby traffic regulatory signs or any pedestrian, bicyclist or motor vehicle driver.

c.

The minimum spacing distance between permanent freestanding signs located on adjoining properties (excluding on-site directory and order board/drive through signs) is 100 feet. However, the designated decision-making body for a sign permit may allow a reduction in minimum spacing requirements to ensure that the use can have at least one permanent freestanding sign as permitted in Section 17.55.100 (Permanent signs).

d.

All signs authorized under this chapter must be placed on the side of the property facing on a public or private right-of-way.

G.

Construction Requirements. Every sign and all parts, portions, and materials of the sign must be manufactured, assembled, and erected in compliance with all applicable city, state, and federal laws and regulations, including Title 15 of this code. All permanent signs must comply with the following criteria:

1.

All transformers, equipment, programmers, and other related items must be screened or painted to match the structure, or must be concealed within the sign.

2.

All permanent signs must be constructed of durable materials such as metal, concrete, natural stone, wood, glass, and acrylics. Techniques must be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements.

3.

All freestanding signs that incorporate lighting must have underground utility service.

H.

Clearance from Public Utility Facilities. All signs must maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with a rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities facilities.

I.

Illumination. Permanent signs for the purposes of identifying residential developments, commercial, office, and industrial uses may be illuminated according to the regulations contained in this chapter. The illumination of signs, either from an internal or external source, must be designed to minimize negative impacts on surrounding rightsof-way and properties. The following standards apply to all illuminated signs:

External light sources must be directed and shielded to prevent direct illumination of an object other than the sign.

2.

The light from an illuminated sign may not be of an intensity or brightness that will create glare or other negative impacts on residential properties in direct line of sight to the sign.

3.

Signs may not have blinking, flashing, or fluttering lights, or other illumination devices that have a changing light intensity, brightness, or color.

4.

Colored lights may not be used at a location or in a manner so as to be confused or constructed as traffic control devices.

5.

Reflective-type bulbs and incandescent lamps that exceed 15 watts may not be used on the exterior surface of signs so that the face of the bulb or lamp is exposed to a public right-of-way or adjacent property.

6.

Light sources must utilize energy-efficient fixtures to the greatest extent possible and must comply with Title 15 of this code (including the incorporation of Title 24 of the California Code of Regulations, and the California Building Standards Code).

7.

Illuminated signs are permitted to be illuminated at any time unless the sign identifies a business or use within, or adjacent to, a residential zoning district. In such case, the business or use is required to turn off its sign(s) within one hour after the business or use is closed.

(O2019-001, 1/15/19)

This section establishes permitted sign types and standards for permanent on-site signs within each of the City's zoning districts. Specifically, Table 17.55-1 (Permitted Permanent On-Site Signs by Zoning District) lists the standards for both building-attached and freestanding signs in each of the City's zoning districts. The following regulations apply:

A.

Permit Requirements. Except as otherwise expressly provided in this chapter, permanent on-site signs require City approval of either an administrative permit (sign permit) or a discretionary permit (e.g., uniform sign program or creative sign program) pursuant to Section 17.55.060 (Sign permit application and review procedures) or Section 17.55.070 (Sign programs; Variances).

B.

Building-Attached Signs. Permitted permanent on-site building-attached signs include wall signs, projecting signs, blade signs, canopy signs, under-canopy signs, and bracket signs. Window signs are exempt from the permit requirement consistent with the regulations in Section 17.55.120 (Temporary and incidental signs allowed without a permit).

C.

Freestanding Signs. Permitted permanent on-site freestanding signs include monument and pylon signs.

D.

Collective Sign Area. The total sign area allowed for each sign type may be distributed among the maximum number of signs permitted for that sign type. For example, the maximum sign area allowance for building-attached signs may be distributed between one or more building-attached sign types in keeping with the other standards and limitations in this chapter.

E.

Sign Area Allowance. Allowable sign area is either a set square footage per establishment or is based on a ratio of allowable sign area to primary building frontage (e.g., one square foot of sign per one linear foot of primary building frontage). Where a ratio is listed, there is also a maximum sign area that applies. The permanent sign area allowed excludes temporary and incidental signs, as set forth in Section 17.55.120.

F.

Design Standards. Additional design standards are listed in Section 17.55.110 (Additional design standards by sign type). Design standards include, but are not limited to scale and proportionality standards for wall signs, design compatibility and cohesion, scale and placement of pedestrian signs, and brightness and frequency of electronic message signs.

(O2019-001, 1/15/19; O2021-002, 4/6/21)

This section establishes permitted permanent on-site sign types and standards based on the applicable land use of the property that are in addition to the permitted permanent on-site sign types and standards provided in Section 17.55.100 and Table 17.55-1 (Permitted Permanent On-Site Signs by Zoning District). Except as otherwise expressly provided in this chapter, these permanent on-site signs require City approval of either an administrative permit (sign permit) or a discretionary permit (e.g., uniform sign program or creative sign program) pursuant to Section 17.55.060 (Sign permit application and review procedures) or Section 17.55.070 (Sign programs; Variances).

A.

Changeable Copy Signs. Assembly uses of 100 or more persons for meetings or entertainment and where such meetings or entertainment occur on a regular basis may have one changeable copy sign subject to the following regulations:

1.

Area. A sign may not exceed 25 square feet in area for a single-faced sign or 15 square feet in area for a doublefaced sign.

2.

Copy. The copy is limited to coming and current entertainment or events only and may not include rates or prices of attractions or events.

B.

Order Board Signs. Drive-through food service establishments may have order board signs subject to the following regulations:

1.

Number. Two order board signs are permitted per drive-through lane.

2.

Area. The signs may not exceed 60 square feet in combined area or 40 square feet for an individual sign. 3.

Height. A sign may not exceed eight feet in height.

C.

Gas Pricing Signs. Service stations may have gas pricing signs subject to the same maximum combined area for all other permitted signs in Table 17.55-1 (Permitted Permanent On-Site Signs by Zoning District).

D.

Permanent Display Case. Theater uses may have permanent display cases subject to the following regulations: 1.

Number. One permanent display case is permitted for each movie screen or two for each theater stage.

Area. A permanent display case may not exceed 20 square feet in area.

3.

Location. The permitted location is the front wall of the theater building within close proximity to the main entrance or box office.

E.

Vertical Wall Sign. For commercial buildings over three stories in height, a vertical wall sign may be considered as part of a creative sign program under Subsection 17.55.070(B) of this code subject to the following regulations:

1.

Number. One sign is permitted per street frontage.

2.

Location. The applicable building façade must be designed for placement of a vertical wall sign as part of an architectural element.

3.

Type. Channel letter, reverse channel letter, and push pin letter signs are preferred over can signs.

4.

Height. The maximum height of the sign may not exceed 75% of the height of the architectural element of the building façade designed for placement of a vertical wall sign. In addition, the maximum width of the sign may not exceed 15% of the total width of the architectural element of the building façade designed for placement of a vertical wall sign.

5.

Copy. Copy letter height and width may not exceed 24 inches.

6.

Sign Cohesion. A sign containing multiple copy elements must be designed so that the multiple elements are located and scaled in relationship to each other. See Figure 17.55-18 (Multiple-Element Signs). (O2019-001, 1/15/19)

In addition to the general design provisions in Section 17.55.090 (General design and location standards), the following design standards apply to the permanent sign types listed.

A.

Canopy Signs. Canopy signs may be permitted only as an integral part of the canopy to which they are attached or applied and will be considered wall signs for sign area calculation purposes. Only permanent signs that are an integral part of the canopy or architectural projection are permitted. Temporary signs may not be placed on canopies. The following regulations apply:

1.

Location. Canopy signs are only permitted for first-and second-story occupancies.

2.

Lettering and graphics. Lettering and graphics are allowed on canopy valances only. Logos, symbols, and graphics that do not include text may be permitted on the shed (slope) portion of an awning but may not exceed four square feet in area for each awning.

3.

Sign length. Lettering must be located within the middle 70 percent of the valance area.

4.

Height. Overall sign face height (single or multiple lines of copy) may not exceed 80 percent of the height of the valance.

5.

Illumination. Canopy signs may not be lighted from under the canopy (backlit) so that the canopy appears internally illuminated. Lighting directed downward that does not illuminate the canopy is permitted.

Figure 17.55-15 Canopy Sign

==> picture [224 x 290] intentionally omitted <==

B.

Changeable Copy Sign. These types of signs will be regulated based on their location (e.g., if located on a wall, it will be deemed a wall sign, and if located on a monument structure it will be deemed a monument sign). After a sign permit is issued for a changeable copy sign, no additional sign permit is required to change the message subject to the limitation on daily changes in copy in the definition of changeable copy sign set forth in Section 17.55.020.

C.

Electronic Message Signs.

1.

Sign area. Electronic message signs are limited to a maximum of 75 percent of the total sign area of a sign allowed pursuant to Section 17.55.100 (Permanent signs).

2.

Frequency. The sign may display only a series of still or static images, each of which must be displayed for at least 12 seconds. The images, including the transition between images, may not move or present the appearance of motion and may not use flashing, blinking, fading, dissolving, or any other effect or nay other non-constant means of illumination that gives the appearance of motion.

3.

Sign brightness. The brightness level may not exceed 0.3 foot-candles above ambient light for both the daytime and nighttime condition, as measured using a foot-candle meter at a distance of 250 feet from the sign face. Each digital display area must have a light-sensing device that will adjust the brightness of the sign as ambient light conditions change throughout the day.

4.

After a sign permit is issued for an electronic message sign, no additional sign permit is required to change the message in accordance with this Subsection 17.55.110(C).

D.

Freestanding Signs. Freestanding signs, including monument signs and pylon signs, are subject to the following regulations:

Design compatibility. Materials and design for freestanding signs must be complementary to the materials and design of the buildings for the related development.

2.

Copy scale. Generally, the minimum letter height on a freestanding sign is 12 inches. The intent is to limit the clutter of text on the sign and increase readability for the public. Generally, the maximum letter height on a freestanding sign is 36 inches. The intent is to limit the visual impact of large text size. Minor deviations of up to 10% from these standards may be granted as part of the permit process

E.

Freeway-Oriented Signs.

1.

Freeway-oriented signs are subject to Planning Commission approval of a creative sign program under the following regulations:

a.

The sign is first approved by the California Department of Transportation (Caltrans).

b.

The nature of the use is found by the Planning Commission to require a freeway-oriented sign (e.g., it provides products or services for travelers such as food, lodging or motor vehicle fuel).

c.

The sign is intended for business identification purposes only, is building mounted, and does not exceed the size limitations for building-mounted signs otherwise prescribed by this chapter.

d.

The sign meets all the regular requirements within this code applicable to the underlying zoning district.

e.

Only one freeway-oriented sign is permitted for a business.

f.

The maximum letter height for copy is 48 inches.

F.

Projecting Signs. Projecting signs, including, but not limited to, blade signs, bracket signs, and marquee signs, are considered wall signs for the purposes of sign area calculations. Projecting signs are subject to the following regulations:

1.

Location. Projecting signs may be placed only on ground-floor façades, except for businesses located above the ground level with direct exterior pedestrian access. In the case of a one-story building, the top of the sign may, exclusive of the suspension structure, be no higher than the roof eave line.

2.

Angle of projection. Projecting signs may either be located at a right angle to the building front along the building façade or, when located on the corner of a building, at a 45 degree angle to the corner of the building. See Figure 17.55-16 (Projecting Sign).

3.

Height. Where located over a pedestrian area, the lowest point of a blade or bracket sign must be a minimum of eight feet above grade.

4.

Projection. The sign may project a maximum of five and a half feet from the building.

5.

Suspension. The sign must be suspended with a clear space of at least six inches between the sign and the building.

Sign structure. Sign supports and brackets must be compatible with the design and scale of the sign.

7.

Encroachment. Blade, bracket, or marquee signs may not encroach into the public right-of-way or City-owned property, or be located above it, except with an encroachment permit.

Figure 17.55-16 Projecting Sign

==> picture [266 x 293] intentionally omitted <==

G.

Wall Signs.

1.

Design compatibility. Wall signs must be compatible with the predominant visual architectural elements of the building façade.

2.

Sign type. Channel letters, reverse channel letters, and push pin letters are preferred over can signs. 3.

Sign scale and proportionality. The combined length of all wall signs on any single wall may not exceed 75 percent of the length of the building frontage for that wall. For buildings with multiple tenants, this standard applies to the length of the individual tenant frontage. Additionally, the maximum height of all portions of a wall sign may not exceed 15 percent of the total wall height. See Figure 17.55-18 (Sign Scale and Proportionality).

Figure 17.55-17 Sign Scale and Proportionality

==> picture [425 x 239] intentionally omitted <==

4.

Sign Cohesion. Signage containing multiple copy elements (e.g., logo and text) on one façade must be designed so that the multiple elements are located and scaled in relationship to each other. See Figure 17.55-18 (MultipleElement Signs)

Figure 17.55-18 Multiple-Element Signs

==> picture [512 x 720] intentionally omitted <==

==> picture [512 x 55] intentionally omitted <==

(O2019-001, 1/15/19)

Any sign that is in compliance with the requirements of this section: (1) will not require a sign permit under this chapter; (2) the area of the sign face will not be included in the maximum area of signs permitted for the applicable use; but (3) will be subject to the requirements of this chapter related sign maintenance and removal (Section 17.55.150) and enforcement (Section 17.55.160).

A.

Construction Signs. A temporary construction sign is permitted on a property in all zones during the period where there is active construction or remodeling. The sign may not exceed 16 square feet in area and eight feet in height. Each property is limited to one sign for each street frontage. The sign may not be illuminated. Such signs must be removed at the earliest of the following events: final building inspection approval or issuance of a valid certificate of occupancy.

B.

Garage Sale Signs. Up to four signs not to exceed six square feet in area each are allowed on residential-zoned property and only on the site where the sale is to be conducted. Such signs may be posted for no more than 24 hours prior to start of the sale and must be removed at the end of the sale. The sign may not be illuminated.

C.

Incidental Signs. Incidental signs are allowed in all zones provided each such sign does not exceed two square feet in area and the total area of such signs does not exceed eight square feet per building or parcel. D.

Name Plates. Residential uses are allowed one nameplate for each dwelling unit not to exceed two square feet in area.

E.

Promotional Event Signs. Temporary on-site commercial signs (including banner signs) are allowed in all commercial zones subject to the following regulations:

1.

The display period is limited to a maximum of 30 days per quarter, per business.

2.

The combined total area of temporary signs may not exceed 32 square feet in area; provided, however, that a large, single use entity may have up to 150 square feet of total sign area, but no single sign or banner sign may exceed 50 square feet in area.

3.

The signs may not be illuminated.

F.

Real Estate Signs. During a real estate marketing period a real estate sign is allowed subject to the following regulations:

1.

On residential-zoned property, one sign not exceeding eight square feet in area and not exceeding five feet in height.

2.

On nonresidential property, one sign per street or road frontage, not exceeding 32 square feet in area and not exceeding 12 feet in height.

3.

No sign may be illuminated.

G.

Subdivision Directional Signs (On-Site). Temporary directional signs are allowed subject to the following regulations:

1.

The signs are limited to the period beginning with the start of construction of the subdivision, and ending no later than three months after the last certificate of occupancy is issued.

2.

A maximum of one sign per perimeter street frontage of the subdivision is allowed.

3.

A sign may not exceed 32 square feet in area.

4.

A sign may not exceed eight feet in height.

5.

The signs may not be illuminated.

6.

A sign must be set back at least one-half the distance of the front and street side setback.

H.

Temporary Noncommercial Signs.

1.

General Regulations.

a.

Number. In residential zones only, each parcel is allowed two temporary noncommercial signs at all times. Such signs are in addition to all other signs allowed in this chapter.

b.

Area. A sign may not exceed eight square feet in area (16 square feet cumulatively).

c.

Height. A sign may not exceed four feet in height from the adjacent ground level in front or side-yard areas or three feet in height from the top of any wall or fence.

d.

Location. Signs may be placed in the front yard, rear or side yard of any property; provided, that the signs do not encroach into any public right-of-way.

e.

Lighting. Temporary noncommercial signs may not be illuminated.

2.

Election Period Regulations. During any election period, each parcel is allowed noncommercial signs, subject to the height, location and lighting requirements set forth in Subsection 17.55.120(H)(1)(c)-(e), as well as the following additional regulations:

a.

Non-residential Zones. In non-residential zones, each parcel is allowed one or more temporary noncommercial signs provided that the total sign area for temporary noncommercial signs does not exceed 20 square feet in area per parcel.

b.

Residential Zones. In residential zones, the number of temporary noncommercial signs may be increased beyond the number permitted in Section 17.55.120(H)(1)(a) provided that the total sign area for all temporary noncommercial signs does not exceed 36 square feet in area per parcel.

c.

Removal. All of the temporary noncommercial signs permitted during an election period pursuant to this Subsection must be removed within seven days following the end of the election period.

I.

Window Signs.

1.

In residential zones, for each residential unit, one temporary window sign, not to exceed six square feet in area or 25 percent coverage of the window, whichever is greater, is permitted on each building frontage.

2.

In non-residential zones, no more than 25 percent of the total window area on each frontage of a business or use may be utilized for the display of window signs.

(O2019-001, 1/15/19; O2019-004, 4/2/19)

In addition to the signs that are permitted under Sections 17.55.070 through 17.55.120, the Director is authorized

to approve or conditionally approve applications for sign permits for temporary directional signs under this section, to the extent that the Director makes a written determination based on information provided by an applicant that: A.

A temporary physical condition (such as a construction project, a special event, or the result of a natural disaster, including a flood, earthquake, or fire) causes a temporary disruption that either: (1) creates a physical barrier to pedestrian or vehicular access to a business; or (2) creates a visibility barrier to a commercial sign for the business from any public street, road, highway, right-of-way, private street, City property (such as a City park, trail, or community building), or any parking area.

B.

The disrupted business is authorized to install and operate one or more commercial signs in accordance with this chapter.

C.

The temporary physical condition interferes with the effectiveness of the authorized commercial signs to identify the disrupted business.

D.

The location and design (including size, copy, and materials) of temporary directional signs are: (1) limited to those needed to mitigate the interference of the temporary physical condition on the effectiveness of the authorized commercial signs to identify the disrupted business; and (2) either (a) in compliance with the requirements of a temporary sign for a promotional event (per Section 17.55.120(E)), or (b) to the extent that the unique

and materials) of temporary directional signs are: (1) limited to those needed to mitigate the interference of the temporary physical condition on the effectiveness of the authorized commercial signs to identify the disrupted business; and (2) either (a) in compliance with the requirements of a temporary sign for a promotional event (per Section 17.55.120(E)), or (b) to the extent that the unique

circumstances of the temporary physical condition warrant supplemental temporary directional signs, any portable signs are subject to special conditions that obligate the permittee to avoid and mitigate potential adverse impacts on neighboring properties and the safe use of public rights of way by vehicles, bicyclists, and pedestrians (for example, special conditions may include an obligation to remove temporary directional signs when the business is not open to the public).

E.

The temporary directional sign permit is subject to written modification by the Director to the extent that the Director determines that the modifications are warranted to comply with the requirements of this section. F.

The temporary directional sign permit is subject to termination by the Director at the earliest feasible date, based on a consideration of: (1) the impact of the temporary physical condition on the disrupted business, and (2) the feasibility of a permanent commercial sign permit for the disrupted business, in accordance with Chapter 17.55. (O2019-004, 4/2/19)

Any sign that meets the definition or description of any of the "signs generally prohibited" listed in this section is inconsistent with the purposes of this chapter and is prohibited in all zones, except as otherwise expressly provided in this chapter.

A.

Any sign type not expressly permitted under this chapter. B.

Abandoned signs.

C.

A-frame signs, including sandwich boards.

D.

Commercial mascot signs. E. Flashing signs.

F.

Illegal signs. G. Inflatable signs.

H.

Mobile billboard signs. I. Moving signs.

J.

Off-site signs, including billboards.

K.

Pole signs. L. Portable signs. M.

Roof signs.

N.

Any sign that is placed in or on any "City property" (which specifically includes any sign that is placed in or on any real property over which the City has a fee, easement, or possessory interest, as well as any public right-of-way; as well as any sign that is affixed to a structure, tree, fence, post, or utility pole located on City property). O.

Signs attached to light standards (poles) or utility poles unless part of an approved uniform sign program or creative sign program.

P.

Signs affixed to a structure or property not owned by the person who is installing the signs, without the written consent of the owner of the structure or property.

Q.

Signs located in such a manner to constitute a potential traffic hazard or obstruct the view of any authorized traffic sign or signal device, or designed to resemble or conflict with any authorized traffic control sign. R.

Signs emitting audible sounds, odors, vapors, or particulate matter. S.

Unsafe signs.

T.

Signs that contain obscene matter as defined in California Penal Code Section 311. (O2019-001, 1/15/19)

A.

Generally. A legal nonconforming sign may not in any manner be structurally altered, enlarged, remodeled, or moved without complying in all respects with the provisions of this code; provided, however, nothing in this chapter prohibits the normal maintenance or repair of any legal nonconforming sign in accordance with Section 17.55.150.

B.

Conditions for Continuance of a Legal Nonconforming Sign. Any legal nonconforming sign is permitted to remain until such time as any one of the following occur:

1.

There is a change in use of the property that the sign is located on; or

2.

There are alterations or enlargements to the site or building on the property; or

3.

There is an expansion, movement, or modification of the sign (exclusive of sign face change).

4.

The sign is damaged or destroyed to the extent of 50 percent or more of the replacement cost of the sign before such damage or destruction.

At such time as any of the above-mentioned events occur, the sign must be brought into conformance with this code. Any business or use with a legal nonconforming sign is not entitled to an additional permanent sign unless the legal nonconforming sign is brought into compliance with this code.

C.

Exceptions. Notwithstanding the provisions set forth in subsection (B) above requiring the removal of a legal nonconforming sign, upon the submittal of a sign permit application for a new sign pursuant to Section 17.55.060 (Sign permit application and review procedures), the Director may grant a single two-year extension to the requirement for sign removal. The following will be considered in the review of an extension request:

1.

Whether a valid permit was issued by the city for the erection of the sign(s);

2.

The age and condition of the sign;

3.

The costs, if any, incurred by the owner in installing and/or maintaining the sign, and the date(s) on which such costs were incurred.

D.

Special Circumstances. In accordance with California Business and Profession Code section 5499, no legal nonconforming sign will be required to be removed on the sole basis of its height or size, if special topographic circumstances would result in a material impairment of visibility of the sign or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the sign. (O2019-001, 1/15/19)

A.

Maintenance. Signs must comply with the following maintenance requirements:

1.

All permanent signs must be maintained in a safe structural condition in accordance with the Title 15 of this code.

2.

All signs must be maintained in compliance with all applicable laws, and in compliance with the terms and conditions of any applicable sign permit, uniform sign program, or creative sign program. The maintenance of signs includes the replacement of any defective parts, painting, repainting, cleaning, and any other work that may be necessary to maintain the sign and any landscape planter associated with the sign.

3.

All signs must be maintained at all times in a state of safe, good repair. Good sign maintenance includes periodic repairs to prevent sign deterioration such as fading paint, fading colors, and peeling letters. B.

Sign Removal. When a sign is removed, all brackets, poles, and other structural elements that support the sign must also be removed. Affected surfaces must be restored to match the adjacent portion of the structure and, if

applicable, the grounds of the premises must be repaired and restored to eliminate any visible damage resulting from the removal of the sign.

C.

Sign Permit or Program Approval Not Required. Any maintenance or removal of a sign in accordance with this section, and in accordance with the terms and conditions of any applicable sign permit, uniform sign program, or creative sign program, may be performed without obtaining a new or modified sign permit or sign program

approval.

(O2019-001, 1/15/19)

A.

Violations. Any sign in a violation of this chapter is subject to enforcement in accordance with Chapter 1.16 (Violation of Code – Enforcement) of this code (particularly including the remedies identified in Section 1.16.010), as well as the enforcement actions set forth in Chapter 17.72 (Enforcement) of this code.

B.

Director Authority. The Director is authorized to enforce the requirements of this chapter consistent with the applicable provisions of this code.

C.

Regulatory Interpretations. All administrative interpretations and discretion under this chapter is to be exercised in a manner consistent with the applicable purposes stated in Section 17.55.010 (Purpose) and elsewhere in this chapter.

D.

Removal Signs by City. Any unsafe sign within the City or any sign in violation of this chapter that is located on property over which the City has a property interest, may be removed by the City without prior notice. For any unsafe sign that has been removed and stored by the City in accordance with this section, the owner of the sign may submit a written request to the Director for release of the sign, accompanied by payment of any fines or enforcement costs imposed by the City in accordance with Chapter 1.16 (Violation of Code – Enforcement). If an unsafe sign remains unclaimed for a period of 30 days after notice of removal is sent to the permit holder or property owner, it will be deemed to be unclaimed personal property and may be disposed of in accordance with applicable law.

(O2019-001, 1/15/19)

Chapter 17.56 ADMINISTRATIVE EXCEPTIONS (§ 17.56.010 – § 17.56.080)

The purpose of this chapter is to provide flexibility in the application of selected site development regulations where minor adjustments are needed. Administrative exceptions shall only be granted for the site development standards cited in Section 17.56.020 (Authority). Administrative exceptions granted shall be compatible with adjoining uses and consistent with the purposes of this title and the specific zoning district in which the subject property is situated.

(O2003-12)

The Community Development Director shall approve, conditionally approve or deny applications for administrative exceptions. The following types of administrative exceptions to site development standards may be allowed: A.

Accessory Building Height. In any residential district, the maximum height of a detached accessory structure limited to 15 feet (subsection A) may be increased to a maximum 18 feet where necessary to provide a gable or slope roof to match the roof pitch of the principal dwelling.

B.

Yards. The minimum RT, RI and RS district side and rear yards may be decreased by not more than 10% for additions to existing principal buildings where the proposed yard is in character with the surrounding neighborhood and where such decrease will not unreasonably affect abutting sites.

C.

Attached Rear Yard Garages. Attached garages may be located within five feet of the rear property line, as an alternative to providing a separate detached garage where such location will not unreasonably affect abutting sites. Such space shall be specifically designed for garage space and shall not be used for living space. Within the rear yard, the garage shall not exceed the detached accessory structure height limit. D.

Tandem Garage. A residential tandem garage may be permitted when the single-family detached home requires five or more parking spaces and the tandem configuration avoids a three-car elevation.

E.

Soscol Overlay District Administrative Exceptions.

1.

Building height limits may be increased as described in the Soscol Guidelines Chapter II to provide an appropriate gable or other non-shed sloped roof or subsurface parking, or (north of Clay Street) to take advantage of the river frontage.

2.

Building or parking setbacks may be reduced as described in the Soscol Guidelines Chapter II if the reduced setback helps reinforce the street edge and improve the appearance of the streetscape. This exception does not apply (as described in the Guidelines) along the west Silverado Trail frontage where a 24-foot setback is required as a Caltrans reserve for future widening.

3.

Piers and columns for fences may be permitted higher than 42 inches as described in the Soscol Guidelines Chapter III if the added wall/fence column or pier height contributes to the architectural design quality of the frontage.

F.

Napa River/Napa Creek Flood Protection Project Limitation Exceptions. Certain uses, activities, projects or proposals fully described in Section 17.52.300(C)(2) may receive a written determination of approval by the Community Development Director after consultation with the flood project manager.

G.

Expansion or Alteration of Nonconforming Structures. An existing nonconforming building wall in a side or rear yard or side setback may be extended as noted in Section 17.52.320 if the building extension in the yard/setback is minor; there are no reasonable alternatives, and neighbor privacy is not compromised.

H.

Minor Adjustments to :PD Ordinance Standards. When adopted, a :PD may describe minor modifications to PD standards that may be handled as exceptions and the findings to be applied. (O2003-12; O2004 9; O2005 11)

General regulations applicable to the administrative exception process, including application, review time frame, processing fees, environmental review, processing of multiple applications, the effective date of permit, approval to run with the land, extensions, amendments, revocation, new application following denial and expiration are found in Chapter 17.68.

(O2003-12)

All plans, drawings, specifications and other information pertaining to a proposed project provided by an applicant in connection with any application for an administrative exception, and any and all representations, whether written or oral, made by the applicant either to staff or to any city decision maker, in an application or during any part of the permit review process, shall automatically be deemed a part of such project, and a condition of entitlement by operation of law, if such entitlement is approved or granted.

(O2003-12)

In approving an administrative exception the decision-making authority may apply reasonable conditions to assure conformance with Section 17.56.020.

(O2003-12)

The Community Development Director may approve an application for an administrative exception if findings are made consistent with the circumstances described in Section 17.56.020.

(O2003-12)

No public notice or hearing shall be required. The Community Development Director shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(O2003-12)

Appeals of decisions on administrative exceptions shall be filed within 10 calendar days of the decision on the permit, or if the 10th day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.70 (Appeals).

(O2003-12; O2004 9)

Chapter 17.58 ADMINISTRATIVE PERMITS (§ 17.58.010 – § 17.58.090)

Administrative permits allow certain uses to be established in particular zoning districts if they comply with the specific criteria and performance standards as established in Chapter 17.52 (General Site and Use Regulations) and other standards as required elsewhere in this chapter. Administrative permits are intended to streamline the use permit process, or to comply with state law for select uses where clear performance standards are established and extensive public review is either not warranted or permitted by state law. The performance standards established in Chapter 17.52 are designed to ensure that proposed uses will be compatible and harmonious with existing uses in the neighborhood.

(O2003-12; O2005-17)

The following types of uses are subject to AP review:

A.

Accessory buildings with plumbing;

B.

Accessory dwelling units;

C.

Agricultural cultivation and animal keeping;

D.

Carports in side yards;

E.

Certain temporary uses per Chapter 17.52;

F.

More than one accessory satellite dish per lot;

G.

Recycling facility, small;

H.

Conditional uses listed in the IL or IP districts except for food and beverage service establishments more than 1,000 square feet in size or with a bar, live entertainment or dancing or drive through use; convenience markets; hotels, motels; recycling centers; "other" public/quasi public uses; transit or bus stations; live work developments; mixed use developments; day care centers;

I.

[Intentionally omitted];

J.

Expanded cottage food operations.

See Chapter 17.52 for listings of specific standards.

(O2003-12; O2005-17; O2013-3, 5/21/13; O2017-007, 3/7/17; O2017-016, 12/19/17)

The Community Development Director may approve, conditionally approve, or deny an administrative permit application, unless otherwise restricted by state law. Development must comply with the standards in Chapter 17.52 and other applicable requirements of Title 17.

(O2003-12; O2005-17)

When, in the opinion of the Community Development Director, any matter set forth in Section 17.58.020 (Applicability) is of a size, importance, or unique nature such that it is judged not to be a routine matter, the Director may refer it directly to the Planning Commission for processing as a use permit. However, such referral shall not occur for accessory dwelling units or other permits when restricted by state law. (O2003-12; O2005-17; O2017-007, 3/7/17)

General regulations applicable to the administrative permit process, including application, review time frame, processing fees, environmental review, processing of multiple applications, the effective date of permit, approval to run with the land, extensions, amendments, revocation, new application following denial and expiration are found in Chapter 17.68.

(O2003-12; O2005-17)

All plans, drawings, specifications and other information pertaining to a proposed project provided by an applicant in connection with any application for any administrative permit, and any and all representations, whether written or oral, made by the applicant either to staff or to any city decision maker, in an application or during any part of the permit review process, shall automatically be deemed a part of such project, and a condition of entitlement by operation of law, if such entitlement is approved or granted.

(O2003-12; O2005-17)

The decision-making authority may apply reasonable conditions of approval to bring the development into conformity with requisite performance standards as applicable and other zoning ordinance requirements. (O2003-12; O2005-17)

The decision-making authority shall issue an administrative permit if the following findings can be made. A.

The proposed use is listed in this chapter as a use permitted pursuant to an administrative permit and subject to performance standards.

B.

The proposed use as conditioned conforms to the performance standards for the proposed use as outlined in Chapter 17.52 (Site and Use Regulations).

C.

Any findings required under Chapter 17.52 for the specific use.

(O2003-12; O2005-17)

A.

There is no public hearing required for an administrative permit. The Community Development Director shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any.

B.

For uses listed in Section 17.58.020(A) through (G) and (I), the Community Development Director shall issue a decision and once issued shall notify the applicant, Planning Commission, surrounding neighbors and any person requesting such notice in writing shall be notified of the decision regarding the administrative permit for the

proposed project. Appeals shall be filed within 10 calendar days of the decision, or if the 10th day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.70 (Appeals).

C.

For uses listed in Section 17.58.020(H), the Community Development Director shall notify the applicant, Planning Commission, property owners within 500 feet of the proposed project, and any person requesting such notice in writing of the Director's intended decision to approve or deny an administrative permit for the proposed project within 10 calendar days of the date the notification is mailed. (If the 10th day is a weekend or city holiday, the deadline is extended to the next working day.) If during this time period a written objection to the intended decision is filed with the Community Development Director, the application for the project shall be referred to the Planning Commission for consideration as a use permit in accordance with Chapter 17.60. If no objection is filed, the decision shall be final.

(O2003-12; O2005-17; O2015-11, 9/15/15)

Chapter 17.60 USE PERMITS (§ 17.60.010 – § 17.60.090)

Use permits are required for uses identified as "conditional" or "conditional uses" in district land use regulation tables, or as described elsewhere in the zoning ordinance which may be suitable only in specific locations in a zoning district or which require special consideration in their design, operation or layout to ensure compatibility with surrounding uses.

(O2003-12; O2004-9)

The Planning Commission shall approve, conditionally approve or deny applications for use permits; except that, upon recommendation from the Planning Commission, the City Council shall approve, conditionally approve, or deny use permit applications for hotels. Except for hotel uses, the Community Development Director shall approve, conditionally approve, or deny applications for extensions through the administrative permit process if the application is made prior to expiration.

(O2017-016, 12/19/17)

General regulations for the use permit process, including application, review time frame, processing fees, environmental review, processing of multiple applications, continuance of hearing, scheduling Council hearing, effect of failure to give notice, the effective date of permit, approval to run with the land, extensions, amendments, revocation, new application following denial and expiration are found in Chapter 17.68.

(O2003-12)

All plans, drawings, and other information pertaining to a proposed project provided by an applicant in connection with a use permit, and any and all representations, whether written or oral, made by the applicant either to staff or to any city decision maker, in an application or during any part of the permit review process, shall automatically be deemed a part of such project, and a condition of entitlement by operation of law, if such entitlement is approved or granted.

(O2003-12)

Master use permits may be filed for development where there are multiple uses or tenants (existing or proposed) on a given site. Master use permits shall be processed in accord with all of the provisions of this chapter. Each master use permit shall list all of the land uses authorized by the permit, and may be subject to conditions over and above those that might be applied for a particular use.

(O2003-12)

In approving a use permit the decision-making body may apply reasonable conditions of approval. (O2017-016, 12/19/17)

The decision-making body may issue a use permit if the following findings can be made.

A.

The proposed use is in accord with the General Plan, applicable specific plans, the objectives of the zoning ordinance and the purposes of the district and overlay district in which the site is located. (This finding is not required for nonconforming uses, which were legally established prior to the adoption of the General Plan and implementing zoning.)

B.

The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity, or to the general welfare of the city.

C.

The proposed use complies with each of the applicable provisions of the zoning ordinance. D.

Any other applicable findings required under other chapters of this title for the specific use. (O2017-016, 12/19/17)

The decision-making body shall hold a public hearing on an application for a use permit. Notice shall be provided in accordance with Chapter 17.68. The decision-making body shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(O2017-016, 12/19/17)

Appeals of decisions by the Community Development Director or Planning Commission on use permits shall be filed within 10 calendar days of the approval of the permit, or if the 10th day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.70 (Appeals).

(O2017-016, 12/19/17)

Chapter 17.62 DESIGN REVIEW PERMITS (§ 17.62.010 – § 17.62.110)

Design review implements General Plan policies concerning the environment and design by guiding the location and appearance of development. Key design goals of the city are to integrate the urban environment with the city's natural features; to encourage attractive, well located commercial development and to assure high quality, well designed housing that respects neighborhood character. General Plan design goals are furthered by the adoption of design guidelines. Design review also allows implementation of applicable design guidelines. (O2003-12)

The Community Development Director, Planning Commission or City Council shall approve, conditionally approve or deny applications for design review permits. This authority is identified as follows: A.

Community Development Director. The Community Development Director shall make determinations on design review applications for administrative design review, as listed under Section 17.62.050(A). B.

Planning Commission. The Planning Commission shall make determinations on design review applications for physical improvements listed under Section 17.62.050(B). C.

City Council. The City Council shall make determinations on applications for physical improvements listed under Section 17.62.050(C).

D.

Planning Commission Referrals. When, in the opinion of the Community Development Director, any matter set forth in Section 17.62.050(A) is of a size, importance or unique nature such that it is judged not to be a routine matter, it may be placed directly on the agenda of the Planning Commission for determination in lieu to having it processed by the Community Development Director.

(O2003-12)

A.

Initial Consultation. Initial consultation may be required for certain projects by design guidelines or through the subdivision ordinance.

B.

Application for Design Review. Applications for design review permits shall be initiated by submitting the following information to the Community Development Department: a completed application form, signed by the property owner or authorized agent, accompanied by the required deposit, and any other information plans or maps prescribed by the Community Development Director.

C.

General. General regulations for the design review permit process, including review time frame, processing fees, environmental review, processing of multiple applications, continuance of hearing, scheduling Council hearing, effect of failure to give notice, the effective date of the permit, approval to run with the land, extensions, amendments, revocation, new application following denial, and expiration are found in Chapter 17.68.

D.

Applicants shall comply in all respects with the requirements of Chapter 15.30, "Green Building Regulations," if the application is for a "covered project" as provided for in Napa Municipal Code 15.30.030. (O2003-12; O2009 3)

All plans, drawings, specifications and other information pertaining to a proposed project provided by an applicant in connection with any design review permit, and any and all representations, whether written or oral, made by the applicant either to staff or to any city decision maker, in an application or during any part of the permit review process, shall automatically be deemed a part of such project, and a condition of entitlement by operation of law, if such entitlement is approved or granted.

(O2003-12)

The following items shall be subject to design review permits, whether or not a building permit is required. A.

Physical Improvements Subject to Review by Community Development Director.

1.

New single-family homes, and upper story additions on lots of record, unless Planning Commission or City Council review is required for the specific lot as a condition of a prior project approval or in accordance with subsection (B) (3).

2.

Relocation of any house.

3.

Multifamily projects with up to 10 units (including the conversion of single-family homes into multifamily units). 4.

New nonresidential structures, additions and exterior remodels, except for ordinary maintenance and repair using essentially the same materials and colors.

5.

The painting of murals or wall graphics, or the painting of walls of nonresidential buildings with unusual paint colors (such as, but not limited to, purple, pink, gold, black, orange) incompatible with their context. If a proposed mural, wall graphic or color scheme is determined by the Community Development Director to be a sign, it is also subject to Chapter 17.55, Sign Ordinance.

Certain fences and walls over six feet in height, fence "side on" or "back on" treatments, and retaining walls over three feet in height pursuant to Chapter 17.52.

7.

Demolition of properties designated as California Historical Resource Status Code "6L," as approved by resolution of the City Council. "Demolition" means that term as it is defined in Section 15.52.020 of the Napa Municipal Code.

B.

Physical Improvements Subject to Review by the Planning Commission.

1.

Small subdivisions (four or fewer lots).

2.

New single-family homes in small subdivisions approved after adoption of this chapter when home design(s) are submitted with the subdivision.

3.

Multiple story single-family homes and upper story additions on lots of record where the proposed house size is over the size threshold identified in adopted design guidelines. (Exceptions: The Community Development Director will continue to review upper story additions that stay within the existing house volume; and upper story historic home additions approved by the Cultural Heritage Commission.)

4.

Mixed use projects up to 30 units.

5.

Multi-family projects of 11 to 30 units.

6.

Multi-family and mixed use projects with: (a) 11 or more units, and (b) 100% of the units in the project are affordable housing units, with the exception of up to one non-restricted manager's unit.

7.

Any project in subsection A above that also requires a hearing by the Planning Commission. C.

Physical Improvements Subject to Review by the City Council.

1.

Subdivisions of five or more lots. Home designs shall be submitted with the application for design review of the subdivision, except that: HS Hillside lots may continue to use a two-step review process described in Chapter 17.40.

2.

Multifamily and mixed use projects with 31 or more units.

3.

All Hotels.

4.

Any project in subsections A or B above that also requires a hearing by the City Council. (O2017-015, 10/3/17; O2017-016, 12/19/17; O2019-001, 1/15/19)

A.

Consistency with General Plan design policies and specific plan design policies.

B.

Consistency with applicable design guidelines adopted by the City Council. C.

General Site Design. There should be a harmonious relationship between the structures within the development and between the structures and the site. Proposed structures and related site development improvements (e.g.,

access, parking, grading, etc.) should be related to existing development in the vicinity. There must be a consistent organization of materials and a balanced relationship of major elements.

D.

General Architecture. The project architecture should be harmoniously integrated in relation to the architecture in the vicinity in terms of colors and materials, scale, and building design. The design should be sensitive to and compatible with historic and architecturally significant buildings in the vicinity, and should enhance important community gateways and waterways.

E.

General Landscape Design. The natural landscape should be preserved in its natural state, insofar as practicable. The landscaping shall be designed as an integral enhancement of the site, sensitive to natural site features. 1.

Water conserving landscape design shall be required consistent with the city's water efficient landscape guidelines.

2.

Landscaped buffer areas may be required near wetlands and other sensitive habitat areas.

F.

Public Art Component. Consistency of any public art proposal submitted in satisfaction of Chapter 15.108 with the general selection criteria for public artworks set forth in Chapter 15.108 and any program guidelines as established under the authority of Chapter 15.108.060.

(O2003-12; O2004 9; O2010 4, 4/6/10)

In approving a design review permit the Community Development Director, Planning Commission or City Council may apply reasonable conditions to assure furtherance of objectives stated herein. The decision-making authority shall consider the following in making its design review decision:

A.

Satisfactory mitigation of all impacts resulting from the project.

B.

The consistency of the project design with the General Plan and Title 17 of this code.

C.

The consistency of the project design with any applicable design guidelines or water efficient landscape standards adopted by the city.

(O2003-12)

The decision-making authority may approve an application for a design review permit if the following findings can be made.

A.

The project design is in accord with the General Plan and any applicable specific plan design policies.

B.

The project design is consistent with applicable design review guidelines adopted by the City Council.

C.

The design review permit is in accord with provisions of this title and will not be detrimental or injurious to property or improvements in the vicinity of the development site, or to the public health, safety or general welfare. (O2003-12)

A.

Community Development Director Design Review Permit. No notice and hearing are required. However, once the Community Development Director has issued a decision, the applicant, Planning Commission, adjacent property owners listed on the last equalized assessment roll and any person requesting such notice shall be notified in writing of the decision, and of the right to appeal, except for the following design review permits which are minor in nature. For these following permits, the Director shall notify the applicant only:

Ordinary maintenance and repair of nonresidential buildings using different colors or materials judged by the Director to be in character with the nonhistoric building.

2.

Nonresidential exterior remodels/additions not visible from the street, a public way such as a trail, or the Napa River and where the addition is less than 500 square feet in size.

3.

Fence "side on" or "back on" treatments.

B.

Planning Commission or City Council Design Review Permit. The Planning Commission and, when applicable, the City Council shall hold a public hearing on an application for a design review permit. Notice shall be provided in accordance with Chapter 17.68. The decision-making authority shall prepare a written decision which shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(O2003-12)

Appeals of Community Development Director or Planning Commission decisions on design review permits shall be filed within 10 calendar days of the decision on the permit, or if the 10th day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.70 (Appeals).

(O2003-12; O2004 9)

A.

Consistency Review. Prior to issuance of a building permit for a project, the Community Development Director must find that the building permit plans are consistent with the design review permit.

B.

Landscape Installation. The final landscape plans and irrigation plans shall be fully implemented prior to final building inspection of the project, or, if implementation has not been completed on such date, an extension of time for completion may be granted by the Director if implementation is secured by an agreement and the posting of adequate security.

(O2003-12)

Chapter 17.64 VARIANCES (§ 17.64.010 – § 17.64.090)

The purpose of this chapter is to provide flexibility from the strict application of development standards consistent with the purposes of this title. Variances are intended to resolve practical difficulties or unnecessary hardships resulting from the strict application of development standards when special circumstances pertaining to the land such as size, shape, topography, location or surroundings deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district. Any variance granted shall be subject to such conditions as will 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 district in which such property is situated. (O2003-12)

The Planning Commission shall approve, conditionally approve or deny applications for variances. (O2003-12)

General regulations for the variance process, including application, review time frame, processing fees, environmental review, processing of multiple applications, continuance of hearing, scheduling Council hearing, effect of failure to give notice, the effective date of permit, approval to run with the land, extensions, amendments, revocation, new application following denial and expiration are found in Chapter 17.68. (O2003-12)

All plans, drawings, specifications and other information pertaining to a proposed project provided by an applicant in connection with any application for a variance under this title, and any and all representations, whether written or oral, made by the applicant either to staff or to any city decision maker, in an application or during any part of the permit review process, shall automatically be deemed a part of such project, and a condition of entitlement by operation of law, if such entitlement is approved or granted.

(O2003-12)

In approving a variance the Planning Commission may apply reasonable conditions. (O2003-12)

The Planning Commission may issue a variance if the following findings can be made.

A.

Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the requirements of this title deprives such property of privileges enjoyed by other property in the vicinity and in the same zoning district.

B.

The special circumstances applicable to the property are not created by any act of the owner. In this context, personal, family or financial difficulties, loss of prospective profits and neighboring violations are not hardships.

C.

The variance will not constitute a special privilege of the recipient not enjoyed by properties in the vicinity and the same zoning district.

D.

The variance will not be detrimental or injurious to adjacent properties in the vicinity, or to the public health, safety and welfare of the community.

(O2003-12)

The Planning Commission shall hold a public hearing on an application for a variance. Notice shall be provided in accordance with Chapter 17.68. The Planning Commission shall prepare a written decision that shall contain the findings of fact upon which such decision is based and conditions of approval, if any. The decision shall be mailed to the applicant.

(O2003-12)

Appeals of Planning Commission decisions on variances shall be filed within 10 calendar days of the decision on the permit, or if the 10th day is a weekend or city holiday, the deadline is extended to the next working day. Appeals shall be filed and processed in accordance with Chapter 17.70 (Appeals).

(O2003-12; O2004 9)

A previous variance shall not be considered to have set a precedent for the granting of further variances; each case must be considered on its individual merit.

(O2003-12)

Chapter 17.65 REASONABLE ACCOMMODATION (§ 17.65.010 – § 17.65.060)

It is the city's policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to provide equal access to housing, and to facilitate the development of housing. The purpose of this chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements.

This chapter is based on requirements of the federal and state Fair Housing Laws, and implements the housing element of the city's General Plan. It is distinct from the requirements for a variance set forth in Government Code Section 65906 and Chapter 17.64 of this code ("Variances").

(O2010 17, 10/19/10)

In this chapter:

"Applicant"

means a "disabled person" as defined herein who seeks approval of a reasonable accommodation under the provisions of this chapter.

"Director"

means the Community Development Director, or a designee of the Community Development Director or City Manager.

"Disabled person"

means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code Section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term "disabled person" does not include a person who is currently using illegal substances, unless he or she has a separate disability. (42 U.S.C. Section 3602(h).)

"Fair Housing Laws"

mean: (1) the Federal Fair Housing Act (42 U.S.C. Section 3601 and following); and (2) the California Fair Employment and Housing Act (Govt. Code Section 12955 and following), including amendments to them. "Reasonable accommodation"

means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; interior modifications such as the inclusion of shower facilities in an accessory structure; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would: (1) impose an undue financial or administrative burden on the city; or (2) require a fundamental alteration in the nature of the city's land use and zoning program. (Govt. Code Sections 12927(c)(1), (l) and 12955(l); 42 U.S.C. Section 3604(f)(3)(B); 28 C.F.R. Section 35.150(a)(3).) (O2010 17, 10/19/10)

A.

Request. A disabled person may request a reasonable accommodation in the application of the city's land use, zoning and building regulations. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities to the extent necessary to eliminate regulatory barriers.

B.

Availability of Information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public information counters in the Planning Division, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the Director. C.

Assistance. If an applicant needs assistance in making the request, the Planning Division will endeavor to provide the assistance necessary to ensure that the process is available to the applicant.

D.

Balancing Rights and Requirements. The city will endeavor to balance: (1) the privacy rights and reasonable request of an applicant for confidentiality; with (2) the land use requirements for notice and factual findings, in the city's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation.

(O2010 17, 10/19/10)

A.

Application—General. The applicant shall submit a request for reasonable accommodation on a form provided by the Planning Division. To the extent that the applicant desires to provide information to the city in a confidential manner (particularly regarding the applicant's medical, physical or mental condition), the applicant shall provide the information in a separate envelope clearly marked "CONFIDENTIAL INFORMATION IN SUPPORT OF REQUEST FOR REASONABLE ACCOMMODATION." By signing the application, the applicant consents to the city's communication to neighboring property owners, and to the general public upon request, information deemed by the Director to be necessary to describe the physical changes to the subject property that are requested by the applicant, or approved by the city.

B.

Application—Contents. The application shall include the following information:

The applicant's name, address and telephone number;

2.

Address of the property for which the request is being made;

3.

The name and address of the property owner, and the owner's written consent to the application;

4.

The current actual use of the property;

5.

The basis for the claim that the individual is considered disabled under the Fair Housing Laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person's medical, physical or mental limitations from an appropriate health care or rehabilitation professional;

6.

The rule, policy, practice and/or procedure of the city for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;

The type of accommodation sought;

8.

The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

9.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation;

10.

If, as a direct result of his or her disability, the applicant cannot afford to pay otherwise applicable building, permitting, inspection, planning or any other city fees associated with the application, a brief description of the financial circumstances that prevent the payment of such fees, and a written request for fee waiver; and 11.

Other supportive information deemed necessary by the Planning Division to facilitate proper consideration of the request, consistent with Fair Housing Laws.

C.

Review with Other Land Use Applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit, design review permit, General Plan amendment, zoning amendment, subdivision map), then the applicant shall submit the reasonable accommodation application first for a determination by the Director, before proceeding with the other applications. D.

Fee. A fee for an application for reasonable accommodation may be established by resolution of the City Council. (O2010 17, 10/19/10)

A.

Approval Authority. The Director has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter. B.

Notice. Once the application is complete, the Director shall provide written notice to residents and property owners abutting the property, providing basic information about the requested accommodation. The notice shall provide the opportunity for submitting written comments to the Director by a date certain. No public hearing is required for consideration of reasonable accommodation requests by the Director.

the application is complete, the Director shall provide written notice to residents and property owners abutting the property, providing basic information about the requested accommodation. The notice shall provide the opportunity for submitting written comments to the Director by a date certain. No public hearing is required for consideration of reasonable accommodation requests by the Director.

C.

Decision. The Director shall render a decision promptly after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in Section 17.65.060. If the Director does not render a decision within 45 days after the application is complete, the application shall be deemed denied unless the Director and the applicant mutually agree in writing to extend the time for processing the application. The decision shall be in writing and mailed to the applicant and to all residents and property owners abutting the project site. (An abbreviated form of the decision may be sent to residents and property owners to protect the privacy of the applicant.)

D.

Appeal. Any person aggrieved by a determination of the Director pursuant to this section may appeal in accordance with the provisions of Chapter 1.26. Failure to timely request an administrative hearing, and/or to fully state all factual and legal grounds for the appeal, in the manner required by Chapter 1.26, shall constitute a waiver of the hearing and a failure to exhaust administrative remedies, and shall preclude any and all relief and claims arising in connection with the determination by the Director. (O2010 17, 10/19/10)

A.

Findings. The Director is authorized to decide to approve the application, with or without conditions, only to the extent the Director makes the following findings, based on substantial evidence:

1.

The subject property will be used by a disabled person;

2.

The requested accommodation is necessary to make the subject property available to a disabled person;

3.

The requested accommodation would not impose an undue financial or administrative burden on the city; and

4.

The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including land use and zoning.

B.

Other Requirements.

1.

An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations.

2.

A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.

3.

Where appropriate, the Director may condition his or her approval on any or all of the following:

a.

Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

b.

Removal of the improvements when the need for which the accommodation was granted no longer exists;

c.

Time limits and/or expiration of the approval when the need for which the accommodation was granted no longer exists;

d.

Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

e.

Measures to reduce the impact on surrounding uses;

f.

Measures in consideration of the physical attributes of the property and structures;

g.

Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio requirements specified for the zone district; and

h.

Other conditions necessary to protect the public health, safety and welfare. (O2010 17, 10/19/10)

Chapter 17.66 ZONING AMENDMENTS (§ 17.66.010 – § 17.66.130)

The purpose of this chapter is to establish procedures for amending the zoning map or zoning regulations whenever the public necessity, convenience or general welfare requires such amendments. The amendment process is necessary to maintain consistency with the General Plan and state law over time, to supplement zoning regulations, and to improve the effectiveness and clarity of the zoning ordinance.

(O2003-12)

The Planning Commission shall recommend to the City Council approval, approval with modifications, or denial or the requested amendment to the zoning map or zoning regulations. After the hearing, the Planning Commission shall render its decision to the City Council in the form of written recommendation in a report that shall include the reasons for the recommendation, and the relationship of the proposed ordinance or amendment to the General Plan and any applicable specific plan. The City Council shall hear and decide requests for amendments to the zoning map or zoning regulations.

(O2003-12)

A.

Zoning Map. Amendments to the zoning map may be initiated by:

1.

Application of one or more property owners affected by the proposed amendment; or 2.

Action of the Community Development Director, Planning Commission or City Council.

B.

Zoning Regulations. Amendments to zoning regulations may be initiated by action of the Community Development Director, Planning Commission or City Council.

(O2003-12)

Applications for amendments to the zoning map by the public shall be initiated by submitting the following information to the Community Development Department: a completed application form, signed by the property owner or authorized agent, accompanied by the required deposit, and any other information plans or maps prescribed by the Community Development Director.

(O2003-12)

General regulations pertaining to review time, processing fees, environmental review, processing of multiple applications, continuance of a hearing, scheduling Council hearings, and effect of failure to give notice are set forth in Chapter 17.68.

(O2003-12)

All plans, drawings, specifications and other information pertaining to a proposed project provided by an applicant in connection with any application for a zoning amendment under this title, and any and all representations, whether written or oral, made by the applicant either to staff or to any city decision maker, in an application or during any part of the permit review process, shall automatically be deemed a part of such project, and a condition of entitlement by operation of law, if such entitlement is approved or granted. (O2003-12)

A.

Revisions May Occur. At or after a public hearing, the Planning Commission or City Council may determine that the public interest would be served by:

1.

Revising the boundaries of the area proposed for a zoning map amendment;

2.

Considering zoning map designations not originally presented in an application, motion or Commission recommendation, or

3.

Considering a zoning regulation amendment not originally presented in a motion, application or Commission recommendation.

B.

When Notice Needed. Notice shall be given prior to a hearing on a revised amendment, unless the Commission or Council finds that the revised amendment will not have impacts greater than those that would result from the amendment in its original form. Any proposed amendment not previously considered by the Planning Commission during its hearing, shall first be referred to the Planning Commission for report and recommendation, but the Planning Commission shall not be required to hold a public hearing thereon. Failure of the Planning Commission to report within 40 days after the reference, shall be deemed to be approval of the proposed modification. (O2003-12)

The City Council may approved an amendment to the zoning map or zoning regulations if the following findings can be made:

A.

The proposed amendment is consistent in principle with the General Plan.

B.

The public health, safety and general welfare are served by the adoption of the proposed amendment.

C.

If a rezoning to district with a larger minimum lot size is proposed, effectively reducing the planned residential density, the city shall also find that the remaining sites in the housing element are adequate to accommodate the jurisdiction's share of the regional housing need pursuant to Section 65584; or if not, that it has identified sufficient additional, adequate and available sites with an equal or greater residential density in the jurisdiction so that there is no net loss of residential unit capacity.

(O2003-12)

The Planning Commission and City Council shall hold each hold a public hearing on any proposed amendment to the zoning ordinance map or text. Notice shall be provided in accordance with Chapter 17.68. The City Council shall prepare a written decision that shall contain the findings of fact upon which such decision is based. The decision shall be mailed to the applicant.

(O2003-12)

Any zoning ordinance amendment is effective 30 days following second reading of the ordinance by the City Council.

(O2003-12)

Any zoning ordinance amendment, once effective, remains in effect until a zoning amendment is initiated in accordance with the procedures enacted herein.

(O2003-12)

If an application for an amendment to the zoning map or zoning regulations is denied, no new application or petition for the same or substantially the same amendment shall be filed within one year of the date of denial of the initial application, unless the denial is made without prejudice.

(O2003-12)

Unincorporated territory adjoining the city, within the rural urban limit may be prezoned for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. A.

Initiation. Prezoning may be initiated by action of the Community Development Director, Planning Commission or City Council, or by an application filed by a property owner or owner's authorized agent, within the proposed prezoning area.

B.

Application. Application for prezoning may be initiated by a member of the public through the same procedures specified in Section 17.66.040 for filing an application to amend the zoning map.

C.

Effective Date. Prezonings approved by the City Council shall become effective at the same time the annexation becomes effective. (O2003-12)

Chapter 17.68 GENERAL PERMIT PROCESS, PUBLIC HEARING NOTICE (§ 17.68.010 – § 17.68.170)

This chapter establishes general provisions that apply to the submittal and processing of an application for a discretionary permit.

(O2003-12)

Application for any permit shall be made by the property owner or authorized agent, to the Community

Development Director on forms prescribed for this purpose, accompanied by the required deposit. The application shall provide any other information, plans, and maps prescribed by the Community Development Director as may be necessary for adequate review of the application.

(O2003-12)

Applications procedures and processing time frames shall be in accordance with state law and procedural guidelines established by the Community Development Director. (O2003-12)

For the purpose of reimbursing the city for administration of this title, the City Council, shall, by resolution, from time to time set the amount of fees and penalties to be charged for the processing of all applications and appeals

provided for in this title. All applications filed pursuant to this title shall be subject to NMC Chapter 15.92 (Development Project Processing Fees).

(O2003-12)

The California Environmental Quality Act of 1970 (CEQA) and city guidelines, as amended, require environmental review of all projects that must obtain discretionary approval from the city. The intent of the review process is to evaluate and make publicly known the possible impacts of proposed projects on the environment and to mitigate significant adverse impacts. Each project is evaluated by Community Development Department staff according to CEQA guidelines.

(O2003-12)

A.

Concurrent Processing. Where a single development project seeks multiple development approvals (e.g., rezoning, use permit, etc.), all required zoning permits or other approvals shall be processed concurrently. If a permit is not required (e.g., development agreement, etc.) but is included as part of a project, concurrent processing is encouraged.

B.

Combined Zoning and Subdivision Permits. When a subdivision is proposed, the provisions of Title 16 of this code shall apply in addition to the provisions of this title. Subdivision and zoning permit approvals may be combined in a single action or review and the single approval shall have the same effect as though each action were taken individually, provided each separate approval required is appropriately entered into the record.

C.

Decision-Making Authority. When more than one permit is required for a development project, and authority rests with both the Planning Commission and City Council, the final action on all discretionary permits or other approvals shall be taken by the City Council. In such cases the Planning Commission's recommendations shall consist of recommendations to the City Council.

(O2003-12)

When a public hearing is required, notice shall be provided. If the matter to be considered at the hearing is a zoning ordinance or amendment to a zoning ordinance as set forth under California Government Code Section 65853, notice of the Planning Commission and City Council hearings shall be issued separately, with the 10-day notice of the City Council's hearing issued after the recommendation of the Planning Commission has been received.

A.

Notice. At least 10 calendar days prior to the hearing, notice shall be given in the following manner:

1.

Mailed notice to the owner of the subject real property or the owner's duly authorized agent, to the project applicant and persons who have requested notice of a hearing for a specific project.

Mailed notice to each local agency expected to provide water, sewage, streets, schools or other essential facilities or services whose ability to provide those facilities or services may be significantly affected.

3.

Mailed notice to property owners listed on the last equalized assessment roll within 500 feet of the subject property. If the number of parcels is fewer than 30, the radius for the notice shall be increased to 750 then to 1,000 feet until the number of listed properties reaches a minimum of 30.

The applicant shall provide appropriate mailing labels (name, address and assessor's parcel number) for surrounding property owners unless the city provides an alternate process.

If the number of owners to be mailed notice pursuant to this paragraph or subsection (A)(1) is greater than 1,000, the city may alternatively place a 1/8 page ad in a newspaper of general circulation in the city.

If notice is mailed pursuant to subsection (A)(3), the notice shall also be published in a newspaper of general circulation.

5.

For City Council hearings, notice shall also be mailed to persons who have provided written or oral comments on the subject item to the Planning Commission.

6.

Nothing in this section shall preclude additional notice.

B.

Contents of Notice. The notice of the public hearing shall contain:

1.

A general description of the matter to be considered and the permits required. If the matter to be considered at the hearing is a zoning ordinance or amendment to a zoning ordinance as set forth under California Government Code Section 65853, the 10-day notice of the City Council hearing shall include a brief description of the Planning Commission's recommendation on the matter;

2.

Description of the location of the property(ies) involved, in text or diagram;

3.

The date, time and place of public hearing;

4.

The identity of the hearing body;

5.

A statement consistent with Section 1094.6 of the Code of Civil Procedure regarding the time limit to commence any legal challenge, and matters that may be raised.

(O2003-12; O2013-6, 9/17/13; O2015-14, 12/1/15)

The hearing body, on its own motion, may continue a hearing from time to time. No additional notice shall be required for the continuance of a noticed public hearing to a specific date. At his own discretion an applicant may request that his or her project be acted upon rather than continued.

(O2003-12)

Each application that goes to the City Council from the Planning Commission, whether by appeal or as required by state law or provisions of this title, shall appear on the City Council's next available agenda after the Planning Commission's hearing on the application. The City Clerk shall set the matter for hearing. (O2003-12)

Compliance with public notice requirements prescribed by this title shall be deemed sufficient notice to allow the city to proceed with a public hearing and take action on an application regardless of actual receipt of mailed or delivered notice. No action, inaction or recommendation regarding any development by the Planning Commission or City Council shall be held void or invalid or be set aside by any court by reason or error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the Court after an

examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probably if such error or omission had not occurred or existed.

There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown.

(O2003-12)

A permit approved by the Community Development Director or Planning Commission shall become effective the day following the expiration of the appeal period as specified in Chapter 17.70 unless appealed. A permit approved by the City Council shall become effective the day following the Council decision, except for zoning amendments. See Chapter 17.66 for zoning amendments.

(O2003-12)

Any permit shall run with the land and shall continue to be valid for the time frame specified whether or not there is a change of ownership of the site or structure to which it applies.

(O2003-12)

A permit may be extended in accordance with Section 17.68.140 if the application for extension is made prior to expiration, and the extension is supported by the findings required for the issuance of the original permit. (O2017-016, 12/19/17)

A.

General. Requests for major changes in the conditions of approval of a permit, or a change to site plans or operation that would affect a condition of permit approval, shall be treated as an amendment. The procedures for filing and processing an application for a permit amendment, shall be the same as those established for an initial or new permit application.

B.

Minor Amendments.

1.

Minor amendments to a discretionary permit approved by the Planning Commission or City Council, including conditions of approval, may be approved by the Assistant City Manager for Development Services upon a written finding that:

a.

No substantially new uses will be added, density will not be substantially increased, and the structure will not be substantially enlarged;

b.

The changes are consistent with the intent and spirit of the original approval;

c.

There are no resulting violations of this code or state law;

d.

There will be no new significant adverse environmental effects.

2.

Relatively insignificant physical changes to a site plan, such as the use of different landscape materials, slight alterations in building elevations, rearrangement of the parking, insignificant relocation of structures may be approved by the Community Development Director.

C.

Extensions of expiration date.

1.

An extension of the initial expiration date of a permit for not to exceed two additional years, subject to the requirements of Section 17.68.130, is a minor amendment which may be approved by the Community Development Director under subsection B above.

2.

An extension of the initial expiration date of a permit in excess of two additional years, subject to the requirements of Section 17.68.130, is a major change subject to subsection A above. (O2008-8; O2017-016, 12/19/17)

A permit that is exercised in violation of a condition of approval or a provision of this chapter may be revoked, as provided in Chapter 17.72 (Enforcement).

(O2003-12)

If an application for a permit is denied or revoked, no new application for the same or substantially the same, permit shall be filed within one year of the date of denial or revocation of the initial application, unless the denial is made without prejudice.

(O2003-12)

A.

Subject to subsection B below, each permit will expire two years after the effective date, unless: (1) a building permit (including a grading permit or a demolition permit) has been issued in furtherance of the permit and construction is diligently pursued, (2) a certificate of occupancy has been issued, or (3) the permit is extended in accordance with Section 17.68.130.

B.

To the extent that the decision-making body determines, at the time the permit is approved or conditionally approved, that particular circumstances warrant a different expiration date, the permit will expire within the time set forth on the permit, unless: (1) a building permit (including a grading permit or a demolition permit) has been issued in furtherance of the permit and construction is diligently pursued, (2) a certificate of occupancy has been issued, or (3) the permit is extended in accordance with Section 17.68.130. (O2017-016, 12/19/17)

Chapter 17.70 APPEALS (§ 17.70.010 – § 17.70.070)

Any applicant or other interested person dissatisfied with any action taken under this title may appeal such action and decision as described below.

A.

Administrative Decision. Appeals based on decisions made by the Community Development Director (or the Community Development Director's designated appointee) or any other administrative official, in taking any actions authorized by this title, shall be filed by any aggrieved party with the Planning Commission through the Community Development Director.

B.

Planning Commission. Appeals based on decisions made by the Planning Commission may be filed by any aggrieved party with the City Council through the City Clerk.

(O2003-12)

Right of appeal is prescribed in the individual chapters of this title authorizing each decision that is subject to appeal.

(O2003-12)

A.

Appeal Made in Writing. Unless otherwise indicated, all appeals shall be made in writing and be accompanied by the appropriate fee. Appeals must be received by the Community Development Director or City Clerk not later than 10 calendar days following the date of action from which appeal is being taken. If the 10th calendar day is a weekend or a city holiday, the deadline is extended to the next working day.

B.

Appeal Letter. The letter of appeal must state: (1) the specific action objected to; (2) the action appellant requests the Planning Commission or City Council to take; (3) the reason for the appeal; and (4) the name, address and telephone number of the appellant or contact person if there are multiple appellants.

C.

City Response. Within three working days of receipt of the appeal, the Community Development Director or City Clerk shall examine the appeal, and if it is found to be incomplete, return it by certified mail to the appellant for revision. Appellant shall have five working days to file an amended appeal. Upon failure to file an amended appeal within said five days, the appeal shall be deemed withdrawn.

D.

Scheduling for Hearing. Appeals shall be scheduled for the earliest regular meeting of the hearing body, not less than 15 days nor more than 45 days after the date of filing an appeal, consistent with the agenda preparation procedures and schedule of the hearing body.

E.

Actions Stayed. The receipt of a written appeal shall stay all actions, or put in abeyance all permits or discretionary approvals which may have been granted, pending the effective date of the decision of the body hearing the appeal.

(O2003-12)

A.

Public Hearing Required. The Planning Commission or City Council, as the case may be, shall hold a public hearing on an appeal and shall consider the project in its entirety, or de novo.

B.

Notice. Notice of public hearings shall be given in the manner described in Chapter 17.68.

(O2003-12)

After the hearing, the appellate body shall affirm, modify or reverse the original decision. Written notice of the decision shall be mailed to the applicant and to the appellant.

(O2003-12)

No action, inaction or recommendation regarding any development by the Planning Commission shall be held void or invalid or be set aside by any court by reason or error or omission pertaining to the notices, including the failure to give any notice required by this section, unless the court after an examination of the entire case shall be of the opinion that the error or omission complained of was prejudicial, and that by reason of such error or omission the party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probably if such error or omission had not occurred or existed. There shall be no presumption that the error or omission is prejudicial or that injury was done if error or omission is shown. (O2003-12)

A.

Planning Commission. A decision by the Planning Commission regarding an appeal shall become final on the day following the 10th calendar day after the decision, unless the 10th calendar day is a weekend or city holiday, in which case the decision shall become final on the next working day, unless appealed to the City Council. B.

City Council. A decision by the City Council regarding an appeal shall become final on the date action was taken by the City Council.

(O2003-12)

Chapter 17.72 ENFORCEMENT (§ 17.72.010 – § 17.72.100)

This chapter identifies enforcement responsibilities, procedures and actions. Enforcement actions are pursued in order to ensure compliance with the terms and conditions of permit and license approvals, to protect the health, safety and general welfare.

(O2003-12)

A.

Uses. No use shall be commenced or maintained except in accordance with this title and in conformance with the conditions, mitigation measures, and project description of each required permit, approval, clearance or agreement.

B.

Structures. No structure shall be erected, remodeled, enlarged, reconstructed or moved, except in conformity with this title and in conformance with the conditions, mitigation measures and project description of each required permit, approval, clearance or agreement.

(O2003-12)

A.

Conformance with Title. All departments, officials and public employees of the city vested with the duty or

authority to issue permits, approvals, clearances, or licenses shall conform to the provisions of this title and shall issue no such permit, approval, clearance, or license for uses, buildings, or any purposes where the same would be in conflict with the provisions of this title. Such permit, approval, clearance, or license, if issued in conflict with the provisions of this title, shall be null and void.

B.

No Permit or Other Approval When in Violation. Except as otherwise authorized by the City Council, the city shall refuse to issue any permit, approval, or clearance that is sought pursuant to the Napa Municipal Code, including zoning clearance for a building permit, home occupation permit, or business license where the existing or proposed use, building or structure is in violation of this title. (O2003-12)

No person shall violate or fail to comply with any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to this title. Violation of, or noncompliance with, any term, condition, mitigation measure or project description incorporated into any permit, approval or clearance granted pursuant to this title is unlawful, prohibited and a violation of this title. (O2003-12)

A.

Investigation and Determination of Violation. The Community Development Director, Fire Marshal, Chief Building Official, and the Code Enforcement Officer may conduct any investigation necessary to determine whether a person is complying with this title, including the terms, conditions, mitigation measures, project description incorporated into a permit, approval or clearance issued under this title.

B.

Remedies. If a violation of this title is found to exist, the city may determine the appropriate remedy or remedies, including:

1.

Issuance of stop order under Section 17.72.060;

2.

Revocation hearing under Section 17.72.070;

3.

Community Development Director hearing under Section 17.72.080;

4.

Recording of a notice of violation, under Section 17.72.090;

5.

Any remedy identified in Section 1.16.010;

6.

Any other lawful remedy.

C.

Remedies Cumulative. The remedies provided for are cumulative and not exclusive. (O2003-12; O2006 15)

A.

Stop Order Authority. Whenever the Community Development Director, Fire Marshal, the Chief Building Official or the Code Enforcement Officer determines that a violation of this title exists, each such official is hereby authorized to issue stop orders to prohibit further construction or use of any land, building, or premises which are in violation of this title. The stop order shall be served by posting a copy on the premises, which is the location of the violation or which is the subject of the permit or approval issued by the city. In addition, a copy of such stop order shall be mailed to the owner or owner's authorized agent at the address shown on the current Community Development

Department records or on the current records in the office of the Napa County Assessor. Such order shall become effective immediately upon posting.

B.

No Work While Under Stop Order. After service of a stop order, no person shall perform any act in violation of the terms of the stop order, except such actions as are determined by the Community Development Director, Fire Marshal, Chief Building Official or Code Enforcement Officer to be necessary to correct the violation or to render the premises safe and secure, until such violation has been corrected to the satisfaction of the person serving the stop order.

person shall perform any act in violation of the terms of the stop order, except such actions as are determined by the Community Development Director, Fire Marshal, Chief Building Official or Code Enforcement Officer to be necessary to correct the violation or to render the premises safe and secure, until such violation has been corrected to the satisfaction of the person serving the stop order.

C.

Within 10 days after the posting of a copy of the order on the premises, any person adversely affected by the terms of the stop order may appeal such order to the Planning Commission, which shall hold a hearing and make such decisions as may be appropriate in accordance with Section 17.72.070(D). (O2003-12; O2006 15)

A.

Community Development Director Evaluation. If the Community Development Director determines there are grounds for revocation or modification of a "permit" (for the purpose of this section, the term "permit" shall include any zoning clearance, administrative permit, use permit, variance, design review approval, or other discretionary approval authorized by this title (including a use detrimental to the public health, safety or general welfare), the Community Development Director shall schedule a revocation hearing before the Planning Commission.

B.

Notice and Public Hearing. The city shall give notice in the same manner required for a public hearing to consider approval. If no notice is required for the permit, then none is required for the revocation or modification hearing, except that notice shall be mailed to the permittee at least 10 days before the hearing. The notice shall describe the property, the alleged violation and the time and place for the hearing. The hearing shall be conducted in the manner generally provided in this title.

C.

Burden of Proof. When a revocation hearing has been set by the city, the city has the burden of proof to demonstrate that a violation has occurred or that the use is detrimental to the public health, safety or general welfare. If the permittee raises a defense (such as prior nonconforming use), then the permittee has the burden of proving the defense.

D.

Commission Action. After considering the testimony and evidence presented at the hearing, the Planning Commission shall make a determination, based on the preponderance of evidence, to uphold, dismiss, or modify the action or recommendation taken by the city official. If the Commission finds that a modification to a permit or approval is warranted in order to mitigate impacts of a permit violation, the modification shall include condition(s) to insure that the violation or the detrimental effect will cease and not be repeated. The Planning Commission may revoke or modify a permit upon making one or more of the following findings:

1.

The permit was issued on the basis of erroneous or misleading information or misrepresentation; 2.

The use or the user is in violation of a condition of approval of the permit, or other laws or regulations, including, but not limited to, the municipal code; or

3.

The use is being conducted contrary to the public health, safety or welfare.

E.

Effective Date—Appeals. A decision to revoke a discretionary permit shall be final, unless appealed under Section 17.72.100.

(O2003-12; O2006 15)

A.

If the Community Development Director has reason to believe a violation of this title exists, the Community Development Director may direct the violator or property owner or both to appear before the Community Development Director to show cause why the city should not proceed with enforcement action. Notice of the possible violation and the time and place of the hearing shall be mailed to the property owner and any other interested person at least 10 calendar days before the hearing. The contents of the notice shall be in substantial conformance with the notice requirements set forth in Section 8.16.060(B).

B.

At the hearing, the Community Development Director shall consider the testimony of the city staff, the property owner and any other interested person. The Community Development Director may make a finding as to whether or not a violation of this title exists, and may direct the property owner to take one or more courses of action in order to cure the violation. The Community Development Director may, in his or her discretion, refer the matter directly to the Planning Commission.

(O2003-12, O2006 15)

A.

General. If property in the city exists in violation of this title, and the owner fails or refuses to correct the violation, the city may record a notice of violation against the affected property.

B.

Procedures. Before recording such a notice, the city shall do all of the following: 1.

The Community Development Director shall send written notice to the current owner that a violation exists and request that the owner correct the violation within a specific, reasonable period of time. The Community Development Director may, in his or her discretion, send more than one notice and conduct an informal show cause hearing to discuss the violation with the owner.

2.

If the owner fails or refuses to correct the violation within the time specified, the Community Development Director shall mail to the current owner by regular first class and by certified mail a notice of intention to record a notice of violation, describing the real property in detail, naming the owners, describing the violation in detail (including relevant code sections), and stating that an opportunity will be given to the owner to present evidence. The notice shall specify a time, date and place for a Planning Commission hearing at which the owner may present evidence to the Planning Commission why the notice should not be recorded. The hearing shall take place no sooner than 30 calendar days and no later than 60 calendar days from the date of mailing.

3.

The Planning Commission shall hear the matter on the date scheduled. If, after the owner and the city staff have presented evidence, the Commission determines that there is no violation, the Community Development Director shall mail a clearance letter to the current owner. If the owner fails to appear, or the Commission determines that there is a violation, the Commission may, by resolution, direct the Community Development Director to record the notice of violation with the County Recorder.

4.

The notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in the property, under California Civil Code Sections 1213 and 1215.

5.

If the owner corrects the violation after the notice has been recorded, and has notified the city in writing and consented to an inspection to confirm the correction, the Community Development Director shall record a release or cancellation of the notice of violation.

(O2003-12, O2006 15)

An appeal of an enforcement decision shall be filed within 10 calendar days of the action taken, in accordance with Chapter 17.70 (Appeals).

(O2006 15)