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)
Each Accessory Dwelling Unit (ADU) shall be subject to building permit requirements and compliance with the standards set forth in this Section 17.52.015. Those ADUs described in Subsection C shall also be subject to the administrative permit requirements set forth in Chapter 17.58. ADUs are exempt from General Plan density requirements and lot coverage percentages.
A.
General
Standards for ADUs. Each ADU shall comply with the following standards:
1.
The
ADU shall be constructed on a lot zoned for residential uses that
includes an existing or proposed single family or multi-family dwelling
unit.
2.
Bedrooms:
Two bedrooms maximum per ADU.
3.
Maximum
floor area: The maximum floor area for each ADU shall be 1,200 square
feet.
4.
Height: No ADU shall exceed 16 feet in height. However, an increase in height up to the limit allowed for the principal dwelling unit may be permitted with approval of an administrative permit in accordance with Subsection C below.
5.
Setback
and yard requirements:
a.
Each attached ADU must comply with the setback requirements in the
underlying zoning district for the principal dwelling unit except
as otherwise provided herein.
b.
Each detached ADU shall have a rear and side setback of four feet.
c.
No setback shall be required for an existing accessory structure
that is converted to an ADU or an ADU that is constructed within the
same location and to the same dimensions as an existing accessory
structure.
6.
Number
of ADUs permitted.
a.
Single family dwellings: One ADU or JADU is permitted per lot developed
with a single-family dwelling unless the ADU is a detached ADU, in
which case a JADU is also permitted.
b.
Multifamily dwellings: ADUs may be constructed on lots developed
with multifamily dwellings in accordance with California Government
Code Section 65852.2(e).
8.
Parking:
a.
Each ADU shall have one parking space.
b.
Parking spaces may be covered or uncovered, provided as tandem parking
on an existing driveway, or on a paved surface in a setback or yard
area.
c.
Notwithstanding subsection (a) above, parking requirements shall be waived if the ADU is located: (1) within 1/2 mile walking distance of a public transit stop; (2) in a designated historic district; (3) in part of a principal dwelling unit or an existing accessory structure; (4) in an area requiring on-street parking permits but the permits are not offered to the ADU occupant; or (5) within one block of a car-sharing pickup/drop-off location.
d.
When a garage or other parking structure or area is demolished in
conjunction with the construction of an ADU or converted to an ADU,
replacement of the lost parking is not required. However, replacement
parking is encouraged and may be located in any configuration on the
same lot as the ADU as a covered, uncovered, or tandem parking space.
B.
Additional
Standards for Conversion of an Existing Accessory Structure to an
Accessory Dwelling Unit.
1.
Conversion
of a non-habitable accessory structure/garage or other living space
to an ADU shall meet all building codes for residential occupancy.
C.
ADUs Requiring an Administrative Permit. Prior to building permit review and approval, an administrative permit issued in accordance with Chapter 17.58 shall be required for ADUs in the following circumstances:
1.
An
ADU exceeding 16 feet in height.
2.
An
ADU located on a lot containing a principal dwelling unit listed on
the City's Historic Resources Inventory (HRI); provided however, an
administrative permit shall not be required for conversion of an existing
accessory structure that does not involve any exterior alterations.
D.
Fire
Sprinkler Requirements.
E.
Junior
Accessory Dwelling Units. Each Junior Accessory Dwelling Unit (JADU)
shall be subject to compliance with the building permit requirements
and the following standards:
1.
Each
JADU shall be constructed within the walls of the existing or proposed
principal dwelling unit.
2.
Each
JADU may contain separate sanitation facilities or may share sanitation
facilities with the principal dwelling unit.
3.
Each
JADU shall include a separate entrance from the main entrance to the
existing or proposed principal dwelling unit and may include an interior
entry to the main living area. A second interior door may be included
for sound attenuation.
5.
One
JADU is permitted per lot zoned for single-family dwellings that is
developed or proposed to be developed with a single-family dwelling.
6.
Additional
parking is not required for a JADU.
7.
The
property owner shall reside in either the principal dwelling unit
or the JADU.
8.
Prior
to issuance of a building permit for the JADU, the property owner
shall file with the City a deed restriction for recordation with the
County Recorder, which shall run with the land and include the following
provisions:
a.
A prohibition on the sale of the JADU separate from the sale of the
principal dwelling unit.
b.
A restriction on the size and attributes of the JDAU that conforms
with this Section
d.
A statement that the restrictions shall be binding upon any successor
owner of the property and that failure to comply with the restrictions
shall result in legal action against the owner.
(O2019-008, 12/17/19; O2020-004, 4/21/20)
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.
1.
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:
(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.
"Establishment of an adult-oriented business"
a.
b.
c.
d.
"Specified anatomical areas"
a.
b.
c.
"Specified sexual activities"
a.
b.
c.
d.
"Adult-oriented businesses"
a.
b.
c.
d.
e.
f.
g.
"Distinguished or characterized by an emphasis upon"
"Public place"
"Regularly features"
"Religious institution"
"School."
"Semi-nude"
Definitions.
means any of the following:
The opening or commencement of any adult-oriented business as
a new business;
The conversion of an existing business, whether or not an adult-oriented
business, to any adult-oriented business defined herein;
The addition of any of the adult-oriented businesses defined
herein to any other existing adult-oriented business; or
The relocation of any such adult-oriented business.
means and include any of the following:
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;
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered;
Any device, costume or covering that simulates any of the body
parts included in subsection (2)(a) or (2)(b).
means and include any of the following, whether performed
directly or indirectly through clothing or other covering:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breast;
Sex acts, actual or simulated, including intercourse, oral copulation
or sodomy;
Masturbation, actual or simulated;
Excretory functions as part of or in connection with any of
the other activities described in subsections (3)(a) through (3)(c)
above.
means any one of the following:
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;
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;
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;
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;
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;
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;
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."
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.
means any area to which the public is invited or in which
the public is permitted.
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.
means a structure which is used primarily for religious worship
and related religious activities.
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.
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 adult-oriented 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 adult-oriented
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:
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.
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.
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:
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.
7.
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;
2.
Appropriate
hours of operation;
3.
Potential
for loitering;
4.
Adequate
lighting for security purposes;
5.
Distance
to public/private schools;
6.
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.
4.
Conversion
Restrictions.
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:
1.
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;
4.
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;
5.
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.
3.
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.
4.
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 decision-making 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.
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 condo-hotel 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 condo-hotel.
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.
5.
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.
(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.
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.
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 water-related 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:
(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):
|
Lot size
|
Site's density range and FAR
|
Maximum project size calculation
|
|---|---|---|
|
20,000 sq. ft.
|
10-20 units/acre; .35 FAR
|
20 units/acre x 20,000 sq. ft. or .46 acres = 9 units plus 20,000
sq. ft. x .35 FAR = 7,000 sq. ft. commercial
|
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:
|
Proposal for a 20,000 sq. ft. (.46 acre) lot
|
Site's FAR and density range
|
Calculation
|
|---|---|---|
|
50% of lot is proposed for residential use; 50% for commercial
|
10-20 units/acre; .35 FAR
|
50% of site devoted to residential use
0.50 x .46 acre site = .23 acres x 10 unit/acre
Minimum density = 2 units plus the commercial use
Commercial use = Any size less than .35 FAR maximum of .35 x
20,000 sq. ft. lot = 7,000 sq. ft.
|
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:
|
Proposal for a 20,000 sq. ft. (.46 acre) lot
|
Site's FAR and density range
|
Calculation
|
|---|---|---|
|
First floor is commercial; two upper floors are residential,
or 66% of building. Multiply this 66% to the lot sq. ft. x minimum
density
|
10-20 units/acre; .35 FAR
|
67% of building devoted to residential use
0.67 x .46 acre site = .31 acres x 10 unit/acre
Minimum density = 3 units plus the commercial use
Commercial use = Any size less than .35 FAR maximum of .35 X
20,000 sq. ft. lot = 7,000 sq. ft.
|
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.
"Affordable units"
"Concession or incentive"
"Condominium project"
"Density bonus"
"Director"
"Large project"
"Lower income households"
"Moderate income households"
"Planned development"
"Small project"
"State Density Bonus Law"
"Very low income households"
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.
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.
is as defined in the State Density Bonus Law (see Government
Code Section 65915, Subdivision (d), and Section 65915, Subdivision
(k)).
is as defined in Civil Code Section 1351, Subdivision (f).
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)).
means the Community Development Director, or a designee of
the Community Development Director or the City Manager.
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)).
are as defined by Health and Safety Code Section 50079.5.
is as defined by Health and Safety Code Section 50093.
is as defined in Civil Code Section 1351, Subdivision (k).
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.
means California Government Code Sections 65915 through 65918.
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.
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:
|
Use
|
Length of stacking lane(s) at 20 feet per car length
|
|---|---|
|
Financial Institutions
|
3-6 cars, depending on volume
|
|
Restaurants
|
8-12 cars, depending on volume
|
|
Kiosks
|
3-6 cars, depending on volume
|
|
Other
|
Determined on individual basis
|
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.
6.
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 drive-through 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:
|
Area of lot or special fence type
|
Fence or wall height limit outside of "vision triangles"
|
|---|---|
|
Front and side setback
| |
|
Side and rear yards
|
6 feet any design; or 8 feet where the upper 2 feet is an open
lattice design*; or 8 feet other design with design review*
|
|
Tennis courts
|
12 feet with design review permit* in a side or rear yard
|
|
Swimming pools, hot tubs
|
Shall meet building code requirements
|
*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).
2.
"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:
|
|
Location outside of "vision triangle"
|
|---|---|
|
Residential fence height
| |
|
6 feet
|
5 feet from side property line to rear of the principal dwelling
|
|
6 feet
|
5 feet from rear property line on a through lot
|
|
8 feet
|
10 feet from side property line to rear of the principal dwelling
|
|
8 feet
|
10 feet from the rear property line on a through lot
|
|
Nonresidential fence height
| |
|
8 feet
|
10 feet from side property line or rear property line on a through
lot
|
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.
Fire
Department Consulted. In high fire hazard areas as generally mapped
in the General Plan (Figure 8-8) or as more specifically identified
in updated maps by the Fire Department, the Fire Department shall
be consulted as part of the initial project application submittal.
C.
Fire
Hazard Reduction Plans. Fire hazard reduction plans may be required
by the Fire Department to analyze and address some or all of the following
factors:
1.
Fire
flows and water pressure available to the development and/or each
lot;
2.
Fire
hydrant locations and location and size of water lines;
3.
Use
of fire resistant building materials;
4.
Use
of fire resistant construction techniques, such as enclosure of cantilevered
areas;
5.
Landscape
concept plans describing plans for vegetation reduction and/or proposed
fire resistant vegetation;
6.
Length,
width and grades of all streets consistent with Public Works Department
standard specifications to assure adequacy of emergency vehicle access.
D.
Approval.
Fire hazard reduction information shall be reviewed by the decision
making body and incorporated as needed into project approvals.
(O2003-12)
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.
4.
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.
(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:
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 single-family 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.
(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.
"Adult-use cannabis retailer"
"Business owner"
"Cannabis"
"Cannabis Establishment Clearance"
"Cannabis manufacturer"
"Cannabis product"
"Cannabis retailer"
"Commercial cannabis activity"
"Cultivation"
"Delivery"
"Director"
"Medicinal cannabis"
"Medicinal cannabis retailer"
"Person with an identification card"
"Primary caregiver"
"Qualified patient"
"Retail sale"
"Retailer"
"State Cannabis Laws"
"Youth oriented property"
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
means the Community Development Director, or a designee of
the Community Development Director or City Manager.
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.
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).
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.
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.
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.
means any transaction whereby, for any consideration, title
or possession to cannabis or cannabis products is transferred from
one person to another.
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.
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.
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.
3.
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.
9.
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.
19.
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.
22.
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 non-cannabis waste.
23.
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.
24.
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).
28.
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."
30.
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:
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.
5.
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.
(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.
3.
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.
1.
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 re-established 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:
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.
2.
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
(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.
2.
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:
1.
Containers
shall provide the following clearly marked informational signs that:
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.
"Compostable materials"
"Director"
"Enclosure"
"Enclosure standards"
"Significant addition"
"Significant remodel"
"Solid waste collection area"
Definitions.
The following words and phrases, whenever used in this section, shall
be construed as defined under this subsection.
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.
means the Community Development Director of the City of Napa,
or designee of the Community Development Director or City Manager.
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.
means the standards applicable to the construction, operation
and maintenance of enclosures.
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.
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.
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.
5.
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.
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.
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;
2.
The
site is not readily visible from residential areas or public rights
of ways or parks;
3.
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;
7.
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;
9.
The
facility is proposed to be painted with flat paint in appropriate
color to blend;
10.
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;
13.
Agreements may be required to maintain and remove facilities;
(O2003-12)
A.
Purpose.
Standards for temporary uses allow the short term placement (generally
three months or less in any 12-month 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.
H.
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:
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.
3.
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.
9.
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.
1.
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.
"2009 permit"
"Advertise"
"Applicant"
"Authorized agent"
"Bedroom"
"Director"
"Enforcement officer"
"Guest"
"Hosted accommodation"
"Non-hosted accommodation"
"Owner"
"Permittee"
"Renter"
"Reside,"
"Transient occupancy"
"Vacation rental"
"Vacation rental unit"
Definitions.
As used in this section:
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.
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.
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.
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.
is as defined by Section 17.06.030 of this code.
means the Director of the Community Development Department
of the city, or a designee of the Community Development Director or
City Manager.
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.
means an invitee of a renter or other person visiting a renter
of a vacation rental unit who does not rent the unit.
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.
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.
means the person holding fee title to the real property that
is the subject of a vacation rental permit.
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).
means a person, not an owner, renting or occupying a vacation
rental unit in accordance with the terms of this section.
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.
is as defined by Section 17.06.030 of this code.
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.
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.
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.
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).
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.
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.
7.
For
each hosted accommodation:
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.
2.
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.
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.
2.
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.
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:
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:
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.
(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.
"Covered projects"
a.
b.
i.
ii.
iii.
"Guidelines"
"Landscape area"
"Public Works Director"
Definitions.
As used in this section:
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:
New construction project with a landscape area, as herein defined,
equal to or greater than 500 square feet.
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:
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.
Ecological restoration or mined-land reclamation projects that
do not require a permanent irrigation system.
Plant collections that are open to the public as part of a botanical
garden or arboretum.
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.
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 non-development
(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).
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.)
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)
