City of Napa, CA SITE AND USE REGULATIONS

§ 17.52.010 Specific purposes and applicability.

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)

§ 17.52.015 Accessory dwelling units (ADU).

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.

General Standards for ADUs. Each ADU shall comply with the following standards:

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.

Bedrooms: Two bedrooms maximum per ADU.

Maximum floor area: The maximum floor area for each ADU shall be 1,200 square feet.

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.

Setback and yard requirements:

Each attached ADU must comply with the setback requirements in the underlying zoning district for the principal dwelling unit except as otherwise provided herein.

Each detached ADU shall have a rear and side setback of four feet.

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.

Number of ADUs permitted.

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.

Multifamily dwellings: ADUs may be constructed on lots developed with multifamily dwellings in accordance with California Government Code Section 65852.2(e).

No ADU shall be used for transient occupancy, as defined by Section 17.06.030.

Parking:

Each ADU shall have one parking space.

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.

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.

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.

Each ADU shall include a kitchen as defined in Section 17.06.030.

Additional Standards for Conversion of an Existing Accessory Structure to an Accessory Dwelling Unit.

Conversion of a non-habitable accessory structure/garage or other living space to an ADU shall meet all building codes for residential occupancy.

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:

An ADU exceeding 16 feet in height.

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.

Fire Sprinkler Requirements.

Each ADU shall comply with all applicable fire safety provisions of state law, as well as locally adopted building and fire codes under Chapter 15.04.

An ADU is not required to be equipped with fire sprinklers unless fire sprinkler installation is required for the principal dwelling unit.

Junior Accessory Dwelling Units. Each Junior Accessory Dwelling Unit (JADU) shall be subject to compliance with the building permit requirements and the following standards:

Each JADU shall be constructed within the walls of the existing or proposed principal dwelling unit.

Each JADU may contain separate sanitation facilities or may share sanitation facilities with the principal dwelling unit.

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.

Each JADU shall, at a minimum, include an efficiency kitchen as defined in Section 17.06.030.

One JADU is permitted per lot zoned for single-family dwellings that is developed or proposed to be developed with a single-family dwelling.

Additional parking is not required for a JADU.

The property owner shall reside in either the principal dwelling unit or the JADU.

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 prohibition on the sale of the JADU separate from the sale of the principal dwelling unit.

A restriction on the size and attributes of the JDAU that conforms with this Section

A prohibition on using the JADU for transient occupancy, as defined by Section 17.06.030.

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)

§ 17.52.020 Accessory structures (residential districts).

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

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

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.

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

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

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.

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.

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

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.

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

An administrative permit shall be required for the following construction:

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

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

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

(O2016-6, 5/3/16)

§ 17.52.030 Adult-oriented businesses.

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.

Definitions.

"Establishment of an adult-oriented business"

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.

"Specified anatomical areas"

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).

"Specified sexual activities"

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.

"Adult-oriented businesses"

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."

"Distinguished or characterized by an emphasis upon"

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

"Public place"

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

"Regularly features"

with respect to an adult theater or adult cabaret means a regular and substantial course of conduct. The fact that live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities occurs on two or more occasions within a 30-day period; three or more occasions within a 60-day period; or four or more occasions within a 180-day period shall to the extent permitted by law be deemed to be a regular and substantial course of conduct.

"Religious institution"

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

"School."

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

"Semi-nude"

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

Location of Adult-Oriented Businesses.

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.

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.

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

No off-site signs shall be permitted.

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.

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.

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)

§ 17.52.040 Agricultural buffers.

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.

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.

An agricultural buffer plan to address the following requirements:

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;

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;

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;

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.

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

Name and address of owner;

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

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

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

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;

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;

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.

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

Waivers.

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.

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.

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

(O2003-12)

§ 17.52.050 Agricultural cultivation and animal keeping.

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.)

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

Standards.

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

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.

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

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

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

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.;

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

Requirements to maintain sanitary conditions by regular cleanup;

Limits on numbers of animals;

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

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.

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)

§ 17.52.055 Beekeeping.

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.

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:

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").

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.

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.

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

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.

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.

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

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.

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.

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.

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.

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.

Compliance with State Law. Nothing in this chapter shall excuse compliance with state law applicable to apiaries.

(O2014-3, 3/4/14)

§ 17.52.060 Bed and breakfast inns.

Purposes. The specific purposes of these standards are:

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

To serve visitors to the Napa Valley.

To assure compatibility with residential neighborhood surroundings.

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

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.

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

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

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.

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

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.

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

Number of Guest Rooms. The number of guest rooms permitted will be determined based on the size of the existing building, grounds and site; the relationship of the site to the character, size and scale of surrounding neighborhood buildings; and visitor access and parking. In general, the number of guest rooms should not exceed 10.

Concentration of Inns. When a new B&B is proposed within 300 feet of another B&B, the decision-making body shall additionally find that the new B&B doesn't harm the character and livability of adjacent residential properties.

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.

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.

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:

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.

The bed and breakfast inn use will not be detrimental to the historic or architectural character of the existing building(s).

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)

§ 17.52.070 Cocktail lounges, bars and commercial recreation facilities.

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.

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.

Comments from the Napa Police Department;

Appropriate hours of operation;

Potential for loitering;

Adequate lighting for security purposes;

Distance to public/private schools;

Distance to areas used and zoned for residential use;

Potential for serving alcoholic beverages;

Potential need for annual review of use permit;

Other information deemed necessary on a case-by-case basis.

(O2003-12; O2020-009, 6/23/20)

§ 17.52.080 Condominium conversion use permits.

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:

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;

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;

To insure that such converted residential condominium projects achieve high quality appearance and safety;

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

To insure that such conversions are consistent with the goals, policies and programs of the General Plan.

General Provisions. The following provisions shall apply to the processing of a condominium conversion use permit:

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.

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.

Housing Shortage Determination. The housing market shall be deemed to have a "severe rental housing shortage" if the multifamily rental vacancy rate is three percent or less and shall be deemed to have a "Rental Housing Shortage" if the multifamily rental vacancy rate is more than three percent but less than five percent.

Conversion Restrictions.

For each annual cycle of applications (under subsection C), the total number of dwelling units approved for conversion pursuant to condominium conversion use permits shall not exceed the number of available conversion units (as defined by subsection (B)(4)(b) of this section).

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.

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.

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).

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.

Density bonuses shall be provided in accordance with California Government Code Section 65915.5.

Application Required. An application on forms provided by the Community Development Director shall be required for a condominium conversion use permit. An application for a condominium conversion use permit may only be filed no earlier than 60 days, and no later than 120 days, after the Planning Commission establishes the multifamily rental vacancy rate pursuant to subsection (B)(2) of this section. In addition to the site plan, building elevations, landscape plans, etc. each application for a condominium conversion use permit shall contain the following information:

Engineering Report. A report from a structural engineer licensed by the state, other than the owner, detailing the condition and estimating the remaining useful life of each element of the project proposed for conversion, including without limitation roofs, foundations, exterior paint, paved surfaces, mechanical systems, electrical systems, swimming pools, sprinkler systems for landscaping and fire protection systems;

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;

CC&Rs. A copy of the proposed conditions, covenants and restrictions for the project;

Occupancy Report. A history of occupancy report including:

Rental rate history for each type of unit in the project over the past five years,

Makeup of existing tenant households, including family size, length of residence and age,

Proposed sale prices of units and financial incentives offered to tenants,

Proposed homeowner's association or other similar owner organization responsible for the maintenance of any property held in common ownership,

Names and addresses of all tenants at the time of filing an application;

Subdivision Application. A tentative subdivision map prepared pursuant to Title 16 of this code;

Design Review Permit. Any changes to the building elevations or site plan shall also require a design review permit.

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;

Any other information which the Community Development Director finds necessary to assist in the review of the application.

Requirements for Approval. The following are the minimum requirements for the approval of a condominium conversion use permit:

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.

Building Code. All buildings shall be in compliance with the exit, occupancy, height, area, and sound transmission requirements for the type of construction and occupancy involved as required in the Building Code (Title 15 of this code) which were in effect at the time of issuance of building permits.

Zoning and General Plan. All buildings shall be in compliance with or legally nonconforming to this title and the goals and policies of the General Plan, in effect on the date of final map approval.

Subdivision. All conversion projects shall be subject to all applicable provisions of the Subdivision Map Act and Title 16 of this code.

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.

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.

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.

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.

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:

The extent to which the applicant provides priority for Napa Valley employees and first time homebuyers;

The extent to which discounted sales prices are offered to existing tenants;

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;

The extent to which the units sold will remain as owner occupant units over time.

Tenant Provisions. The following tenant provisions shall apply:

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:

Name and address of the current owner;

Name and address of the proposed subdivider;

Notice of the tenants right to speak at any public hearing;

Tenant's right to purchase and the terms thereof;

Tenant's right of notification to vacate with approximate date the unit is to be vacated by;

Statement of terms and conditions of tenancy;

Provisions for moving expenses;

Other information as required by the Community Development Department.

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.

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.

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.

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.

Terms. The tenancy shall be continued on the same terms and conditions after the date of approval of the tentative map.

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.

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.

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.

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)

§ 17.52.090 Condominium standards.

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.

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.

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.

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.

Parking. On-site parking shall be provided in accord with the parking and loading requirements contained in Chapter 17.54.

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.

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.

Laundry Facilities. Each unit shall have a laundry area for a washer and dryer.

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.

Signs.

Project identification signs shall comply with provisions of Title 15.

The project shall contain a directory sign indicating the location and house number of units that do not front on public streets.

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.

Utilities. All utilities shall be installed underground.

(O2003-12; O2004 9; O2005 11)

§ 17.52.095 Condo-hotels.

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.

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.

Permitted Conversions. A hotel or similar visitor accommodation is the only use that may be converted to a condo-hotel.

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:

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.

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.

The following requirements shall be observed for condo-hotel projects:

Zoning Standards. Zoning standards of the district and of this title shall apply.

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.

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.

Utilities. All utilities shall be installed underground.

Owner's Association. An owner's association shall be established to govern, maintain and operate the condo-hotel and its services including, but not limited to, housekeeping for all public areas (including lobby and hallways), front desk, concierge services, etc., as a hotel in accordance with CC&Rs satisfactory to the city. The CC&Rs, as well as other relevant documents, shall require all portions of the condo-hotel including, but not limited to, landscape and open space areas; lobby; hallways; parking; banquet/ballroom facilities; conference; restaurant; retail; parking; recreational; and spa facilities; and other amenities and improvements (collectively "amenities"), as well as the individual condo-hotel units, their furniture, fixtures, equipment, to be maintained and operated in accordance with the First-Class Hotel Standard.

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.

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.

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.

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.

In approving a use permit for a condo-hotel, the decision-making body may impose reasonable conditions of approval.

The city may adopt such additional standards, policies and procedures that may be necessary or convenient to implement this section.

(O2005 11; O2008 14)

§ 17.52.100 Conversion or loss of residential uses to nonresidential uses.

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.

Multifamily Conversion Provisions.

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.

Tenant Provisions. The applicant shall have notified tenants of the application for conversion as follows:

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.

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;

The tenancy shall be continued on the same terms and conditions after the date of approval of the use permit;

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;

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.

Housing impact fees pursuant to Chapter 15.94 shall be imposed for all converted nonresidential square footage.

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.

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.

Single-Family Conversion Provisions and Conversions Occurring in Industrial and Tourist Commercial General Plan Categories. Housing impact fees pursuant to NMC Chapter 15.94 shall be imposed for all converted nonresidential square footage.

(O2003-12)

§ 17.52.105 Cottage food operations.

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.

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.

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.

Standards. Cottage food operations are permitted accessory uses to residences provided that all of the following standards are met:

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.

Indoors. The use, including any storage, is conducted entirely indoors within the principal dwelling, garages, or accessory structures.

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.

Traffic. The operation shall not invite customers to the residence and the operation shall not transact business with customers at the residence.

Signage. No on-site signage or advertisement identifying the cottage operation is permitted.

Vehicle. The use is allowed to keep up to one commercial vehicle on the premises as long as the commercial vehicle is parked inside the garage at all times when at home.

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.

No On-Site Dining. On-site dining or tasting events for customers are prohibited.

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.

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:

Indoors. The use, including any storage, is conducted entirely indoors within the principal dwelling, garages, or accessory structures.

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.

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.

Signage. One sign affixed near the entrance of the dwelling and no greater than one square foot in size may be permitted.

Vehicle. The use is allowed to keep up to one commercial vehicle on the premises as long as the commercial vehicle is parked inside the garage at all times when at home.

No On-Site Dining. On-site dining or tasting events for customers are prohibited.

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)

§ 17.52.110 Creeks and other watercourses.

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.

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.

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.

Erosion Control. All development shall provide erosion control plans consistent with best management practices.

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.

Riparian Setbacks. The following standards shall be used in evaluating subdivision and design review permit applications:

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;

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);

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;

Appropriate indigenous riparian vegetation is proposed where restoration is needed;

The riparian area is protected from casual access and encroachment through provision of attractive open fencing or similar barriers;

In new subdivisions, yard requirements are met outside of the riparian setback.

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.

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.

Waiver: The decision making body may grant a waiver of riparian setbacks if:

An alternative project design adequately protects the value of the creek or watercourse to the satisfaction of the city after review by public wildlife agencies, or,

Proposed setbacks would permit no reasonable use of the property.

(O2003-12)

§ 17.52.120 Density and floor area ratio (FAR) calculations.

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.

Residential Densities.

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.

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.

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.

Floor Area Ratios (FARs).

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.

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

Density and FAR Calculations in Residential Mixed Use Projects.

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.

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

Minimum FAR and Density Calculation.

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.

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.

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)

§ 17.52.130 Density bonus.

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.

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.

"Affordable units"

mean and are limited to those dwelling units which are required to be rented at affordable rents or sold at an affordable sales price to households of specified income levels as described in Section 15.94.050.

"Concession or incentive"

is as defined in the State Density Bonus Law (see Government Code Section 65915, Subdivision (d), and Section 65915, Subdivision (k)).

"Condominium project"

is as defined in Civil Code Section 1351, Subdivision (f).

"Density bonus"

means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city, as defined in the State Density Bonus Law (see Government Code Section 65915, Subdivision (f); and Section 65917.5, Subdivision (a), Paragraph (2)).

"Director"

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

"Large project"

means a "housing development" (as defined by the State Density Bonus Law), generally consisting of five or more dwelling units (see Government Code Section 65915, Subdivision (i)).

"Lower income households"

are as defined by Health and Safety Code Section 50079.5.

"Moderate income households"

is as defined by Health and Safety Code Section 50093.

"Planned development"

is as defined in Civil Code Section 1351, Subdivision (k).

"Small project"

means a project that includes the construction of fewer than five duplexes or triplexes in a zoning district that allows for the construction of duplexes and triplexes.

"State Density Bonus Law"

means California Government Code Sections 65915 through 65918.

"Very low income households"

are as defined by Health and Safety Code Section 50105.

Large Project Applications.

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:

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The total number of units in the overall project is fewer than five.

No more than two such duplex or triplex buildings shall be constructed per block in accordance with this section.

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.

The design of designated units shall be compatible with the nondesignated units within the project.

The duplex or triplex shall meet residential design guidelines and other city zoning standards.

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.

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.

Land Donation.

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:

Identify the gross size and location of the parcel to be donated, along with the amount of developable acreage;

Identify a preliminary plan for development of at least 40 units affordable to very low income households on the developable acreage;

Describe the public facilities and infrastructure that would serve the units on the donated parcel;

Identify the name of the public or private entity to whom the parcel will be donated;

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.

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)).

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.

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)

§ 17.52.140 Density flexibility.

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:

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.

Impacts. Project environmental impacts are mitigated.

Inclusionary Units. The project constructs inclusionary units on site. See NMC Chapter 15.94.

Design. The project provides high quality design that fits with the surrounding neighborhood and incorporates attractive and usable common/open areas.

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.

Optional Benefits. The project provides underground parking or the project provides specific benefits to the neighborhood (such as public trails, plaza, etc.).

(O2003-12)

§ 17.52.150 Development agreements.

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)

§ 17.52.160 Drive-through facilities/uses.

Drive-through facilities/uses shall require a use permit and comply with the following standards:

Traffic and Circulation.

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

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.

Pedestrian crossings of the drive-through lane are discouraged; if permitted they shall be clearly marked.

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.

Confusing on-site circulation shall be avoided. Entrances to and exits from drive-through facilities should be at least 20 feet from the property line.

Up to two parking spaces for drive-through special orders may be required.

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.

Hours of Operation. Limited hours of operation shall be required where a drive-through facility could adversely affect nearby residential uses.

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.

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)

§ 17.52.170 Fences, walls and hedges.

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.

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	3 feet if 50% open anywhere in setback; 3-1/2 feet except when located in "vision triangle" or unless a "side on" treatment is approved (See subsections C and D)
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.

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.

"Side on" or "Back on" Treatment.

Definition. A "side on" or "back on" treatment is a combination of fences or walls and landscaping generally five to 10 feet wide within a street-facing side setback or rear yard (on a through lot).

"Side on" or "back on" treatment for subdivisions and new development projects is approved as part of the subdivision or design review application.

"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

Retaining Walls. Retaining walls over three feet in height shall require design review, but are not otherwise subject to fence height requirements.

Materials. In all districts, concertina wire, razor wire, broken glass on top of a fence/wall and electrified fences/walls are prohibited.

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)

§ 17.52.180 Fire hazard areas.

Purpose. To reduce risk to life and property from wild land fires.

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.

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:

Fire flows and water pressure available to the development and/or each lot;

Fire hydrant locations and location and size of water lines;

Use of fire resistant building materials;

Use of fire resistant construction techniques, such as enclosure of cantilevered areas;

Landscape concept plans describing plans for vegetation reduction and/or proposed fire resistant vegetation;

Length, width and grades of all streets consistent with Public Works Department standard specifications to assure adequacy of emergency vehicle access.

Approval. Fire hazard reduction information shall be reviewed by the decision making body and incorporated as needed into project approvals.

(O2003-12)

§ 17.52.190 Flag lots.

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.

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.

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:

Lot frontage standards of the underlying district do not apply. The lot frontage shall be the width needed to meet access standards.

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.

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.

Other Standards.

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.

Easements. Easements across adjoining properties may be used to provide the required access width.

Setback. Where there is a 12-to 16-foot wide access to one or two flag lots, the setback from the edge of the access shall be five feet; this supersedes other sections of this code.

Fire. Fire Department standards shall be observed in the provision of access, turnarounds, clearance, road grades, distance to fire hydrants, etc.

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.

Parking. In addition to meeting parking requirements in Chapter 17.54, one additional on-site guest parking space shall be required. Forward entry to the public or private street is also required.

Design Review. Design review is required in accordance with Chapter 17.62. Flag lot development shall meet the city's residential design guidelines.

(O2003-12)

§ 17.52.200 Grading while application processed.

Purpose. To retain natural landforms while project review is completed.

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.

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.

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;

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)

§ 17.52.210 Height bonus.

Purpose. To provide an incentive for residential mixed use buildings when they are well designed and mitigate impacts.

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)

§ 17.52.220 Height limit exclusions.

Exclusions. Maximum height limits specified in this title shall not apply to:

Church spires, belfries, domes, chimneys and cupolas;

Flagpoles;

Water tanks and towers, aids to navigation;

Roof structures for the housing of elevators, other roof equipment used solely to operate and maintain a building, and screens for such equipment;

Television and radio receiving antenna, excluding satellite dishes as defined in Section 17.52.410.

Exclusions with Use Permit. With the approval of a use permit, height limits specified in this title may be exceeded for the following structures:

Radio, television and telecommunications transmitting towers and antenna, excluding satellite dishes as defined in Section 17.52.410;

Electric power transmission and distribution lines, poles and towers, to the extent these facilities may be regulated by the city;

Monuments, windmills;

Other structures which, in the opinion of the Community Development Director are similar to the above types of structures.

(O2003-12)

§ 17.52.230 Historic preservation.

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)

§ 17.52.240 Home occupations.

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.

Standards. Home occupations are permitted accessory uses to residences provided that all of the following standards are met:

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.

Indoors. The use, including any storage, is conducted entirely indoors.

Residents Only. The use is carried on only by the resident members of the household occupying the dwelling, with no other person employed.

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:

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;

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;

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);

Other uses which in the opinion of the Community Development Director are similar in type and intensity to the above.

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.

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).

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.

Deliveries. Merchandise produced on the premises may be delivered to customers or clients.

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.

Findings. The Planning Commission must make the following findings to approve a use permit for an expanded home occupation:

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

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

The establishment of an expanded home occupation will not result in excessive noise, traffic and parking congestion.

Winery Home Occupation Standards. Winery uses may be considered a permitted home occupation subject to meeting the following standards in addition to those described in subsection B.

Production of wine for retail/wholesale use is limited to a maximum eight barrels or 480 gallons per year.

No on-premises retail sales are permitted.

(O2003-12; O2005-17)

§ 17.52.250 House and structure moving.

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)

§ 17.52.260 Lot access requirement.

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)

§ 17.52.270 Lot consolidation when development occurs.

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)

§ 17.52.275 Medicinal and adult-use cannabis regulation and safety ordinance.

Purpose, Scope, and Findings.

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.

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.

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.

Definitions. The words, phrases and terms used in this section will have the meaning set forth in this subsection B unless another meaning is clearly apparent from the context.

"Adult-use cannabis retailer"

means any retailer of cannabis or cannabis products that are intended for adults who are 21 years of age and older. An adult-use cannabis retailer must possess an A-license, as defined in Business and Professions Code Section 26001(a).

"Business owner"

shall have the same meaning as the word "owner" set forth in California Business and Professions Code Section 26001(am), and California Code of Regulations Title 4, Division 19, Chapter 1, Article 1, Section 15003, which generally includes, for each applicable commercial cannabis activity (whether an adult-use cannabis retailer, a medicinal cannabis retailer, or cannabis manufacturer), any of the following: (1) a person with an aggregate ownership interest of 20 percent or more, (2) the chief executive officer, (3) a member of the board of directors, and (4) a person who will be participating in the direction, control, or management of the commercial cannabis activity.

"Cannabis"

shall have the meaning set forth in California Business and Professions Code Section 26001(e), which includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, "cannabis" does not mean "industrial hemp" as defined by California Health and Safety Code Section 11018.5.

"Cannabis Establishment Clearance"

shall have the meaning set forth in subsections (D)(2) through (D)(6), below.

"Cannabis manufacturer"

means a person or entity who engages in the "manufacture," as defined in California Business and Professions Code Section 26001(a)(h), of cannabis products and who possesses a license for cannabis manufacturing as described in California Business and Professions Code Section 26050(a) and the state regulations applicable to the manufacture of cannabis products.

"Cannabis product"

shall have the meaning set forth in California Business and Professions Code Section 26001(h), and California Code of Regulations Title 4, Division 19, Chapter 1, Article 1, Section 15000(j), which includes cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Cannabis retailer"

means any retailer of cannabis or cannabis products that possesses: an M-license (for a medicinal cannabis retailer), as defined in California Business and Professions Code section 26001(af); an A-license (for an adult-use cannabis retailer), as defined in California Business and Professions Code section 26001(a); or both an M-license and an A-license.

"Commercial cannabis activity"

shall have the meaning set forth in California Business and Professions Code Section 26001(j), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis or cannabis products as provided in the Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA," California Business and Professions Code Sections 26000 et seq.) and for which a state license or nonprofit license is required.

"Cultivation"

shall have the meaning set forth in California Business and Professions Code Section 26001(k), which includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Delivery"

means the commercial transfer of cannabis or cannabis products from a cannabis retailer located within the City to any other person or location, in accordance with State Cannabis Laws.

"Director"

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

"Medicinal cannabis"

or "medicinal cannabis product" shall have the meaning set forth in California Business and Professions Code Section 26001(ai), which includes cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation.

"Medicinal cannabis retailer"

means any retailer of medicinal cannabis or medicinal cannabis products that possesses an M-license, as defined in California Business and Professions Code Section 26001(af).

"Person with an identification card"

shall have the meaning set forth in California Health and Safety Code Section 11362.7(c), which is an individual who is a qualified patient who has applied for and received a valid identification card pursuant to California Health and Safety Code Division 10, Chapter 6, Article 2.5.

"Primary caregiver"

shall have the meaning set forth in California Health and Safety Code Sections 11362.5(e) and 11362.7(d), which includes an individual, designated by a qualified patient, who has consistently assumed responsibility for the housing, health, or safety of that patient.

"Qualified patient"

shall have the meaning set forth in California Health and Safety Code Section 11362.7(f), which includes a person who is entitled to the protections of California Health and Safety Code Section 11362.5, but who does not have an identification card issued pursuant to California Health and Safety Code Division 10, Chapter 6, Article 2.5.

"Retail sale"

means any transaction whereby, for any consideration, title or possession to cannabis or cannabis products is transferred from one person to another.

"Retailer"

shall have the meaning set forth in California Business and Professions Code Sections 26001(at) and 26070(a)(1), which includes a person authorized to engage in the retail sale and delivery of cannabis or cannabis products to customers, and which requires the retailer to have a state licensed premises which is a physical location from which commercial cannabis activities are conducted.

"State Cannabis Laws"

means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.85 (Medical Marijuana Program); California Business and Professions Code Sections 26000, et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act ("MAUCRSA")); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General's Guidelines for the Security and Non-Diversion of Cannabis Grown for Medical Use issued in August 2019, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSA, particularly including California Code of Regulations Title 4, Division 19 (Department of Cannabis Control); any license issued pursuant to MAUCRSA; and all other applicable laws of the State of California.

"Youth oriented property"

means any property on which any of the following uses are located: (1) a child day care facility (as defined by California Health and Safety Code Section 1596.750, which includes a facility that provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis; and includes day care centers, employer-sponsored child care centers, and family day care homes); (2) a day care center (as defined by California Health and Safety Code Section 1596.76, including any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers, and includes child care centers licensed pursuant to California Health and Safety Code Section 1596.951); (3) a youth center (as defined by California Health and Safety Code Section 11353.1, which includes any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities); (4) a public park or playground; or (5) a school (including any private or public educational facility providing instruction in kindergarten or grades 1 through 12).

Commercial Cannabis Activities Prohibited.

Commercial cannabis activities are prohibited in all zones in the City and shall not be established or operated anywhere in the City.

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.

Limited Immunity for Cannabis Retailers and Cannabis Manufacturers.

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.

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:

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.

Whether the proposed business, establishment, or facility is a cannabis retailer or cannabis manufacturer.

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.

The proposed location of the cannabis retailer or cannabis manufacturer that demonstrates compliance with the zoning and location restrictions set forth in this section.

The names, addresses, and contact information for each business owner of the proposed cannabis retailer or cannabis manufacturer.

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.

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.

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.

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.

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.

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.

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.

The name, address, and contact information for the owner of the property on which the cannabis retailer or cannabis manufacturer will be located.

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.

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.

Any supplemental information requested by the Director to establish compliance with the requirements of this section.

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.

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.

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.

A Cannabis Establishment Clearance is non-transferable to another person or entity or location.

Zoning and Locational Restrictions.

Cannabis Retailers.

Cannabis retailers may only operate in the following zoning districts: Medical Office (OM), Light Industrial (IL), and Industrial Park-Area C (IP-C).

No cannabis retailer may be located on a property that is within 600 feet of any youth oriented property.

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.

Cannabis Manufacturers.

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).

No cannabis manufacturers may be located on a property that is within 600 feet of any youth oriented property.

No cannabis manufacturers may be located on a property that directly abuts, or is across the street from, a residential zoning district.

Measurement of Distance Separation Standards. The distance separation standards set forth in this section shall be the horizontal distance measured in a straight line from the property line of the youth oriented property to the closest property line of the lot on which the commercial cannabis activity (cannabis retailer or cannabis manufacturer) is proposed to be located without regard to intervening structures. This is consistent with California Business and Professions Code Section 26054 and California Health and Safety Code Section 11362.768.

Exceptions for Distance Separation Standards.

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.

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).

Operational Requirements.

A cannabis retailer or cannabis manufacturer must comply with all applicable State Cannabis Laws.

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.

A cannabis retailer or cannabis manufacturer must comply with all applicable provisions of title 15 of this code.

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.

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.

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.

A cannabis retailer or cannabis manufacturer may not employ any person who is under 21 years of age.

No person under 18 years of age shall be allowed on the property of a medicinal cannabis retailer, except that a person under 18 years of age may be allowed on the property of a medicinal cannabis retailer if he or she is a confirmed qualified patient and is accompanied by his or her licensed attending physician, parent or parents, or documented legal guardian, or is an emancipated minor as demonstrated by documentation.

With the exception of deliveries made in accordance with State Cannabis Laws, a cannabis retailer may not conduct, allow, or permit transactions and/or sales to occur outside of an enclosed building.

10.

A cannabis manufacturer shall not conduct or engage in the commercial or retail sales of any cannabis products on the premises of the cannabis manufacturer.

11.

No cannabis cultivation may occur on the property of a cannabis retailer or cannabis manufacturer.

12.

A cannabis retailer or cannabis manufacturer may not allow or permit the use, inhalation, smoking, eating, ingestion, or consumption of cannabis or cannabis products on the property of the cannabis retailer or cannabis manufacturer, including in the parking areas of such property.

13.

A cannabis retailer or cannabis manufacturer must utilize an odor-absorbing ventilation and exhaust system that ensures that cannabis odors generated inside the property are not detectable outside the property, anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the cannabis retailer or cannabis manufacturer.

14.

A cannabis retailer must have an electronic point of sale system that is integrated with the California Department of Cannabis Control track and trace system prior to engaging in any commercial cannabis activity, including the purchase, sale, test, packaging, transfer, transport, return, destruction, or disposal of any cannabis goods. The electronic point of sale system must be capable of producing an electronic or automatic paper record for all transactions associated with any product sold, rented, or otherwise provided to qualified patients, primary caregivers, persons with an identification card, or adults 21 years of age or older.

15.

Each cannabis retailer shall keep and maintain all financial records including, but not limited to, bank statements, sales invoices, receipts, tax records, and all records required by the California Department of Tax and Fee Administration (formerly Board of Equalization) under California Code of Regulations Title 18, Division 2, Sections 1698 and 4901.

16.

Criminal Background Requirements.

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.

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.

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.

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.

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:

Significant discrepancies identified during inventory;

Diversion, theft, loss, or any criminal activity involving the cannabis retailer or cannabis manufacturer, or any agent or employee;

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

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.

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.

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.

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.

Enforcement.

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).

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:

Any remedy identified in Section 1.16.050;

Issuance of an administrative citation and/or compliance order under Chapter 1.24;

Any other lawful remedy.

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.

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:

The cultivation must be in compliance with all State Cannabis Laws (particularly California Health and Safety Code Sections 11362.1 and 11362.2).

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.

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.

Any private residence in which the cultivation occurs must maintain kitchen, bathrooms, and at least one bedroom for their intended use, and shall not use those areas for cultivation.

Adverse impacts of cultivation shall be mitigated so that a public nuisance, as defined by California Civil Code Section 3480, does not exist, including but not limited to adverse impacts of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or the use or storage of hazardous materials, processes, products, or wastes.

(O2017-018, 12/19/17; O2018-008, 6/19/18; O2019-001, 1/15/19; O2022-003, 1/18/22)

§ 17.52.280 Mixed use development objectives.

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.

Definitions.

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.

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).

Vertical Mixed Use. A vertical mixed use project combines uses vertically in a building, such as retail on the ground floor with residential above.

Development Objectives.

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.

To create a mix of uses that respond to their context and complement each other in their building design and street orientation.

To facilitate linkages among uses on and off site through use of pedestrian, bicycle and circulation connections, shared access and parking.

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.

To utilize the city's residential design guidelines for residential mixed use projects.

(See Section 17.52.120, Density and FAR Calculations, for calculating mixed use densities and floor area ratios.)

(O2003-12)

§ 17.52.290 Mobile home park conversions.

Purposes. The purposes of this section are to:

Provide criteria for the conversion of existing mobile home parks to other uses.

Reduce the impact of such conversions on residents in mobile homes by providing procedures for notification and time and assistance for such relocation.

Reduce the impact that such conversions have upon the supply of mobile home spaces for low and moderate income persons and families in Napa.

Insure that such conversions are consistent with the goals, policies and programs of the General Plan.

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.

Application Required.

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 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;

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;

Names and addresses of all tenants at the time of filing an application;

Applications related to reuse of the site, as applicable;

Any other information which the Community Development Director deems necessary to assist in the review of the application.

Tenant Provisions. The following tenant provisions shall apply to an application for a mobile home park conversion use permit:

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.

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;

Space rents shall not be increased from the date of approval of the mobile home park conversion use permit;

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;

Relocation assistance shall be provided per the approved relocation and assistance plan.

Findings Required. In approving a mobile home park conversion use permit, the Planning Commission must make the following findings:

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.

Reasonable mitigation measures are incorporated in the relocation and assistance plan and approved as part of this mobile home park conversion use permit.

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)

§ 17.52.300 Napa River/Napa Creek flood protection project requirements.

Findings and Purpose.

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.

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").

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.

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.

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.

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.

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.

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.

Limitations on Development and Intensification of Uses of Properties Included In Napa River/Napa Creek Flood Reduction Project.

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:

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;

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.

Exceptions.

This chapter shall not apply to, prohibit or limit any routine repair or replacement of existing appliances or utility services, or routine maintenance or repairs of an existing residential, commercial, industrial building, structure or improvement the total cost of which individually or cumulatively for the period of this chapter does not exceed $10,000.00.

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:

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;

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;

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;

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.

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.

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)

§ 17.52.310 Noise standards.

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.

Commercial Activity. Noise related to commercial activity is regulated per Section 8.08.020 of the municipal code.

Construction Activity. Noise related to construction activities is regulated per Section 8.08.025 of the municipal code.

Development Projects. Development projects shall address noise standards and policies in the General Plan as follows:

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.

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.

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)

§ 17.52.320 Nonconforming uses, structures and lots.

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.

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:

Nonconforming uses may continue indefinitely, subject to the provisions of this section.

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.

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:

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

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.

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.

When a nonconforming use has been changed to a conforming use, the use shall not be subsequently re-established as nonconforming use.

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:

The structure was specifically designed or substantially modified for the nonconforming use;

The proposed nonconforming use will not be detrimental to any existing or potential permitted use in the area in which the nonconforming use is located.

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.

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:

Nonconforming structures may be continued indefinitely subject to the provisions of this section.

A nonconforming structure shall not be remodeled, expanded, or structurally altered except as follows:

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

The new work shall reduce the degree of nonconformity, or

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.

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.

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:

A nonconforming lot shall not be changed in any way that would increase the degree of nonconformity.

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)

§ 17.52.330 Outdoor display or sale of merchandise, accessory use.

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:

The outdoor sales are accessory to, operated by, and adjacent to any lawfully established business that normally sells the merchandise inside the building; and

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

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

If the merchandise is proposed for location on any street, sidewalk or public right-of-way, an encroachment permit shall be secured from the Public Works Department in accordance with Chapters 12.08 and 12.12 of the municipal code.

Other Accessory Display. Any other accessory outdoor display or sale of merchandise not meeting the standards in subsection A. above shall require a use permit, unless it is a temporary use described in Section 17.52.490.

(O2003-12)

§ 17.52.340 Outdoor dining.

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)

§ 17.52.350 Outdoor storage screening.

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)

§ 17.52.360 Pedestrian-friendly street standards.

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.

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.

Street Design Standards.

Curb adjacent six-foot landscape areas;

Four-foot separated sidewalks;

On-street guest parking at one space per unit, unless an alternate commonly available parking location is provided through an easement;

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.

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.)

Alternatives.

Hillside local streets (see standards) and single-loaded streets may incorporate a sidewalk and landscape area on only one side where site conditions warrant. A single-loaded street is defined as a street with dwellings located on one side only. For a single-loaded street, the sidewalk shall be located on the side of the street that is fronted by the dwellings.

Where rural local streets are allowed, paved pedestrian paths may be incorporated in place of sidewalks (see standards).

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.

Other. Other standards of this code remain in effect and shall be observed.

(O2010 1, 1/26/10)

§ 17.52.370 Projections over easements, sidewalks.

Projections may be permitted over public easements and sidewalks in accord with the following:

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.

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)

§ 17.52.380 Recycling facility, small.

An administrative permit shall be required for the establishment of a small recycling facility, which shall meet the following requirements:

Limits on Materials. Only glass, metals, plastic containers and paper may be accepted at a small recycling center.

Equipment. No power-driven processing equipment may be used except for reverse vending machines.

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.

Litter. The site shall be maintained free of litter and any other undesirable materials, and shall be cleaned up on a daily basis.

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.

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.

Signs. Signs shall comply with the following standards in lieu of NMC Chapter 15.56, Signs:

Containers shall provide the following clearly marked informational signs that:

Identify the type of material to be deposited in each container;

List the name and telephone number of the operator and hours of operation; and

Display a notice stating that no material shall be left outside the recycling enclosure or containers.

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.

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.

Parking. No parking spaces shall be required above those for the principal use.

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.

Permit Limits. The permit shall be valid for up to five years, after which time it may be renewed for another five years.

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.

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.

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)

§ 17.52.390 Recycling/solid waste areas.

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.

Definitions. The following words and phrases, whenever used in this section, shall be construed as defined under this subsection.

"Compostable materials"

means those materials that are processed in a controlled biological decomposition process, which are source separated from the municipal solid waste stream. Compostable materials include food scraps, soiled paper products, wood and yard trimmings that do not contain hazardous waste.

"Director"

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

"Enclosure"

means a walled structure for the storage of containers for solid waste, compostable materials, recyclable materials, and (where applicable) kitchen oil and grease with one or more gates for access.

"Enclosure standards"

means the standards applicable to the construction, operation and maintenance of enclosures.

"Significant addition"

means an addition (as defined in Section 17.06.030) that is (1) more than 1,000 square feet or (2) equal to or greater than 20% of the total building square footage.

"Significant remodel"

means a remodel that (1) will increase the occupancy of the total gross building area by 50% or more; or (2) constitutes a change of use that results in one or both of the following: (a) an increase in the quantity of solid waste, recyclable materials and/or compostable materials generated; or (b) will result in the addition of one or more type(s) of materials generated on the premises such as solid waste, recyclable materials and/or compostable materials (example: an office becomes a food service establishment); or (3) is determined by the Director to require compliance with the enclosure standards to ensure the proper storage and handling, and efficient and safe removal, of solid waste, recyclable materials and compostable materials on the premises.

"Solid waste collection area"

means any area designated for the storage and pickup of containers for solid waste, compostable materials and recyclable materials that is not an enclosure.

General Provisions.

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.

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.

The requirements in Section 17.52.390(C)(2) above shall not apply to the following projects:

Any single family residential development.

Any multi-family residential development with solid waste collection areas for each individual dwelling unit, and without a centralized solid waste collection area.

A project in a residential zoning district involving a use permitted by right (e.g. family day care home or residential care facility).

A project requiring a use or design review permit that does not propose construction that would create additional floor area.

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%.

Enclosures must be constructed, operated and maintained in accordance with the enclosure standards.

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)

§ 17.52.400 Religious institutions.

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)

§ 17.52.410 Satellite dishes.

General Provisions. The following provisions shall govern the placement of accessory satellite dishes on private property in the city:

One receive-only accessory satellite dish not exceeding 36 inches in diameter, for the sole use of the tenant, is permitted per lot.

Location in a setback is prohibited unless the dish is not visible from the street.

The satellite dish shall be finished in a color to blend in with the immediate surroundings.

The satellite dish shall be placed and screened to minimize the visual impact of the dish from all points surrounding the property, focusing on views from the street or other public view areas.

The height of a satellite dish shall not exceed the maximum height established for the zoning district on a building, or 15 feet on a stand-alone accessory structure.

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)

§ 17.52.420 Seismic/landslide hazard areas.

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.

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.

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:

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.

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.

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.

Other :HS Areas.

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.

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.

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.

Waiver. The Public Works Director may waive or modify the requirement for the soils investigation/geotechnical report in subsections C through E of this section if he or she finds there is adequate city knowledge of site soils and/or geologic conditions on or near the site.

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.

UBC. All development shall conform to structural requirements of the most recently adopted Uniform Building Code (UBC).

(O2003-12; O2004 9)

§ 17.52.430 Setback and yard determinations in unusual cases.

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.

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.

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)

§ 17.52.440 Setback and yard projections.

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.

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.

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:

Drainage and site improvement standards are addressed to the satisfaction of the Public Works Director.

Construction is consistent with building and fire codes.

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.

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.

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.

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)

§ 17.52.450 Setback area storage limits.

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)

§ 17.52.460 Single room occupancies.

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.

General Provisions.

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.

Any SRO project must also meet the following standards:

Proposed new construction, or exterior alterations to the existing buildings are compatible with the design and scale of the surrounding neighborhood;

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;

Room sizes shall range from 150 to 450 square feet;

The project shall be located within 1,200 feet of public transit;

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;

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;

For projects of 16 rooms or more, an on-site 24-hour manager is required.

(O2003-12)

§ 17.52.470 Small lot development.

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.

Standards. The following standards apply:

House plans shall be included as part of the application.

Lot Size and Width. No specific requirement; however, plans shall consider neighborhood development patterns.

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.

Side Yards. Duets: zero feet one side; five feet one side; detached dwellings: five feet one side; five feet one side.

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.

All other regulations of the underlying district and this title shall apply to small lot developments.

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)

§ 17.52.480 Telecommunication facilities.

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.

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.

Exempt from City Review. The following accessory telecommunication uses shall be permitted without city permits.

Citizens band and amateur radio systems used by amateur radio operators which existed at time of the adoption of this chapter; and new CB and ARS systems not exceeding the height limit of the district in which they are located are considered to be permitted accessory uses not subject to this section.

One receive-only satellite dish accessory to an individual dwelling or business and solely for the use of occupants of that dwelling or business meeting standards of the satellite dish Section 17.52.410.

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:

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;

Visual simulations of the proposed facility from nearby residential areas and public right-of-ways and parks;

Site plan, cross sectional illustration of proposed facility, landscape and fencing plans;

Photograph of at least one actual facility similar to that proposed and its location.

Evaluation Criteria. In addition to meeting federal standards, the following criteria shall be used in evaluating telecommunication facilities.

If on a structure, the facility is proposed to be architecturally integrated and/or screened;

The site is not readily visible from residential areas or public rights of ways or parks;

The site avoids resource areas such as wetlands or archaeological sites and does not create a hazard to air traffic;

Existing roads/parking have been used to the extent possible;

Existing native vegetation has been maintained to the extent possible and/or suitable landscaping is proposed;

Nonflammable materials are proposed;

Backup generators shall be used only during power outages or for testing/maintenance and shall meet noise standards;

The facility is unlit, except as required by FAA, or city;

The facility is proposed to be painted with flat paint in appropriate color to blend;

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;

14.

Any facilities proposed to occupy or use public rights of way or public property shall meet provisions of Chapter 5.78.

(O2003-12)

§ 17.52.490 Temporary uses.

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.

Commercial Filming. Commercial filming requires a permit from the Police Department in accordance with NMC Chapter 5.74.

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.

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.

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:

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.

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.

If any commercial vendors are involved in the event, they shall secure a permit from the Police Department pursuant to NMC Chapter 5.40.

Nonprofit special events occurring more frequently than three days during any six-month period shall require a use permit.

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.

Park and Recreation Use Areas.

Parkway Plaza and Mall. Persons or groups wishing to hold meetings, display wares, present performances, etc., on the Parkway Plaza and Mall shall require a permit from Community Resources per NMC Chapter 12.36.

Parks and Playgrounds. All persons wishing to sell goods or services in any park, playground facility or tot lot shall require a permit from Community Resources per NMC Chapter 12.36.

Peddlers and Vendors.

Peddlers and vendors wishing to sell goods anywhere in the city shall comply with NMC Chapter 5.40.

Any peddler or vendor using city streets shall also comply with NMC Chapters 12.08 and 12.12. NMC Chapter 10.36 further describes how peddlers and vendors are allowed to operate on city streets.

Any peddler or vendor operating on private property (other than at non-profit special events) requires a use permit.

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.

Residential Garage Sales. Garage and yard sales are a permitted accessory use in residential districts provided that they meet the following standards:

They are conducted by a resident on the resident's property;

They do not exceed three days during any six-month period;

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.

Retail Merchant's Fairs. Retail merchant fairs that do not fall under the definition of subsections E or L may apply to hold a fair on a particular date up to four times a year with a permit from the City Manager in accordance with Napa Municipal Code Chapter 5.36.

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:

The outdoor sales are incidental to, operated by, and adjacent to any lawfully established business that normally sells the merchandise inside the building(s).

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.

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.

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:

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.

They shall have no electrical hookup.

They shall not exceed a height of eight feet six inches nor a length of 40 feet and shall not be stacked on top of each other.

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.

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.

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.

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.

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:

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.

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.

Fencing and Other Temporary Structures. The placement, height and size of temporary structures and equipment shall be reviewed for compatibility with its surroundings.

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.

Signs. Any proposed signage for the temporary use shall comply with Chapter 17.55, Sign Ordinance.

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.

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.

Public Safety. Security and public safety measures shall be provided if needed, to the satisfaction of the Police Department.

Compliance With Other Laws. Approval of the requested temporary permit is contingent upon compliance with applicable provisions of other laws. Any event which includes the preparation, sale or serving of food shall comply with County Health Department standards.

10.

Other conditions may be required as needed to ensure the temporary use is managed and operated in an orderly and efficient manner.

(O2003-12; O2004 9; O2019-001, 1/15/19)

§ 17.52.500 Time shares.

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.

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.

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.

Findings Required. In order to approve a timeshare use permit, the decision-making body must make the following findings in addition to standard use permit findings and (if applicable) findings related to Section 17.52.100.

Mitigation measures have been imposed to ensure that the proposed timeshare will not adversely impact the city's ability to provide fire, police and other city services to the timeshare and adjacent and nearby neighborhoods, businesses and residences.

Long term maintenance of the proposed timeshare has been adequately addressed.

(O2003-12)

§ 17.52.505 Transitional, supportive and employee housing, and co-housing.

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.)

General Provisions.

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.

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)

§ 17.52.510 Tree protection.

See NMC Chapter 12.45 for tree protection regulations on private property.

(O2003-12)

§ 17.52.515 Vacation rental permits.

Scope, Purpose and Findings.

The purposes of this section (which may be referred to as the "Vacation Rental Ordinance") are to:

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.

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.

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.

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.

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.

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.

Definitions. As used in this section:

"2009 permit"

means each of the 41 vacation rental permits which were in effect prior to July 1, 2015, and which were issued pursuant to city Ordinance Nos. O2009-6 and O2010-16 (former versions of vacation rental regulations). Each 2009 permit shall be deemed by the city to be "approved" and "issued" "pursuant to this section," as those phrases are used in this section, including, but not limited to, subsections (A)(1)(b), (D)(1), (E), (F), and (H) of this section.

"Advertise"

means any communication that induces or encourages any person to rent for transient occupancy purposes, or that provides information (to any person) that promotes the availability to rent for transient occupancy purposes, any building in the City of Napa.

"Applicant"

means any person, firm, partnership, association, joint venture, corporation, or an entity, combination of entities or consortium who seeks or seek approval of a vacation rental permit under the authority of this section.

"Authorized agent"

means the person specifically authorized by an owner to represent and act on behalf of the owner and to act as an operator, manager and contact person of a non-hosted accommodation, and to provide and receive any notices identified in this section on behalf of the owner, applicant, permittee, or authorized agent.

"Bedroom"

is as defined by Section 17.06.030 of this code.

"Director"

means the Director of the Community Development Department of the city, or a designee of the Community Development Director or City Manager.

"Enforcement officer"

means the Director, Chief Building Official, Fire Marshall, City Code Enforcement Officer, City Department Manager (to the extent responsible for enforcing provisions of this code), or any other city employee designated by the Director or City Manager to enforce this section.

"Guest"

means an invitee of a renter or other person visiting a renter of a vacation rental unit who does not rent the unit.

"Hosted accommodation"

means a vacation rental business for which the owner resides at the vacation rental unit, and the owner sleeps at the vacation rental unit while it is being rented, and no more than two bedrooms are rented for transient occupancy pursuant to this section.

"Non-hosted accommodation"

means a vacation rental business for which the authorized agent is not required to reside at the vacation rental unit which is rented for transient occupancy pursuant to this section.

"Owner"

means the person holding fee title to the real property that is the subject of a vacation rental permit.

"Permittee"

means the person to whom a vacation rental permit is issued pursuant to this section. To the extent that this section identifies requirements of a permit, or obligations of the permittee, the owner and any identified authorized agent shall be jointly and severally liable as a "responsible person" (see Section 1.16.010).

"Renter"

means a person, not an owner, renting or occupying a vacation rental unit in accordance with the terms of this section.

"Reside,"

as used in this section, means the "domicile" of a person, as defined by California Elections Code Section 349, which generally means the place in which the person's habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning. At a given time, a person may have only one domicile.

"Transient occupancy"

is as defined by Section 17.06.030 of this code.

"Vacation rental"

means any transient occupancy use for which the city has issued a vacation rental permit pursuant to this section. The term "vacation rental" shall be used to include all vacation rental businesses operating pursuant to a 2009 permit, all hosted accommodation vacation rentals, and all non-hosted accommodation vacation rentals.

"Vacation rental unit"

means the structure in which the vacation rental use is permitted to operate, pursuant to a permit issued in accordance with this section.

The Director shall invite applications for vacation rental permits pursuant to this subsection C.

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.

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.

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:

Identify the owner of the real property on which the vacation rental is proposed (include the name, mailing address, email address, and telephone number).

Identify whether the application is for a hosted accommodation or a non-hosted accommodation.

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.

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.

Document that all designated bedrooms meet all local building and safety code requirements.

Identify the number and location of designated on-site parking spaces, and the maximum number of vehicles allowed for overnight occupants.

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.

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.

Provide any other information as the Director deems reasonably necessary to administer this section, as identified in the notice inviting applications.

Acknowledge and agree that claims, requests, objections and arguments not timely raised in the vacation rental permit application are and shall be deemed waived.

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.

Agree to hold harmless, indemnify and defend the city against claims and litigation arising from the issuance of the vacation rental permit.

Certify the accuracy of the information submitted and agree to comply with all conditions of the permit.

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:

The number of vacation rental permits issued pursuant to this section shall not exceed 41 non-hosted accommodations and 60 hosted accommodations.

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.

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:

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.

A public notice mailing label submittal (to notify neighboring property owners, pursuant to Section 17.68.070(A)(3)).

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.

Provide any other information as the Director deems reasonably necessary to establish that the applicant will comply with all requirements of this section, as identified in the notice.

If the Director determines that an applicant has failed to satisfy the application requirements of subsection C or D of this section, the Director is authorized to provide written notice to the applicant of the determination of denial.

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.

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.

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.

The applicant shall comply, and provide documentation that the owner (and authorized agent for non-hosted accommodations) agree to comply, with all requirements of this section and the permit, particularly including the rules set forth in subsection (E)(4) of this section.

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 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.

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.

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).

The right of an interested person to file an appeal within 10 calendar days of the permit approval (pursuant to Chapter 17.70 of this code), or to identify concerns related to a permit extension pursuant to subsections H and I of this section.

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.

Each vacation rental permit issued pursuant to this section shall be subject to all of the following requirements:

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.

The owner shall comply with all requirements of the Business License Ordinance (Chapter 5.04 of this code) and the Transient Occupancy Tax Ordinance (Chapter 3.20 of this code) for the vacation rental use.

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.

The property address shall be visible form the street and in contrasting colors for quick identification by emergency responders.

Smoke detectors shall be installed per the California Building Code.

No double keyed dead bolts may be installed on exit doors.

A portable fire extinguisher shall be provided.

Exit doors may not be obstructed and/or prohibited from fully opening.

Clearance from ignition sources such as luminaries, heaters and flame-producing devices shall be maintained in an approved manner.

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.

BBQs and open fires must be in an approved appliance or enclosure.

No electrical wiring may be exposed or open in any outlet, switch or junction boxes.

The electrical breaker box shall be labeled for distribution to appliances and may not contain any open slots.

The garage firewall shall not have any penetrations in sheet rock.

An informational packet of emergency numbers shall be prepared for renters to direct them in the event of an emergency.

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:

As part of the application for rental, the prospective renter shall sign an agreement acknowledging the house rules and promising to comply with them.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Pets may be permitted by vacation rental business owner, however the pet must be attended to at all times and must have current vaccinations.

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.

For each vacation rental use:

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.

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.

Only one rental agreement per vacation rental unit shall be in effect at any one time.

It is a violation of this section for any accessory dwelling unit (as defined by Section 17.52.015 of this code) to be used for transient occupancy purposes.

For each hosted accommodation:

The owner must reside at the vacation rental unit, and the owner must sleep at the vacation rental unit while it is being rented.

The owner must reside and sleep in a bedroom that is not rented to any renter.

No more than two bedrooms may be rented for transient occupancy uses.

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.

A hosted accommodation vacation rental permit shall not be transferred by any person.

A non-hosted accommodation vacation rental permit may be transferred by the permitted owner to a purchaser of the real property on which the permitted vacation rental unit is located, subject to the conditions set forth in this paragraph 2. No purchaser shall operate a vacation rental use under the permitted owner's vacation rental permit until after the Director has approved the transfer of the permit in accordance with this subsection.

Prior to the expiration of the permit, the permitted owner shall submit to the Director a written notice of intent to transfer the permit to the purchaser.

Prior to the expiration of the permit, the purchaser shall submit to the Director all submittals and fee payments required pursuant to subsections (C)(3) and (D)(3) of this section.

The Director shall evaluate and process the purchaser's application for approval, conditional approval, or denial, in accordance with the criteria set forth in subsections (D)(4) through (8) of this section.

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).

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).

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).

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.

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.

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.

The owner shall pay the annual inspection fee established by City Council resolution based on the city's estimated reasonable costs to perform the annual inspections identified in this section. The owner shall document compliance with the requirements of subsection (E)(3) of this section.

The owner shall document compliance with all requirements of the Business License Ordinance (Chapter 5.04 of this code).

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.

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.

The owner shall document that written notice was provided to property owners within 500 feet of the vacation rental unit, with the information required by subsection (D)(7) of this section.

Following an annual permit review (pursuant to subsection H of this section):

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.

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.

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.

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:

Pursue any of the remedies set forth in Chapter 17.72 of this code; including, but not limited to, issuance of a stop order under Section 17.72.060, or notice a public hearing of the Planning Commission to consider a revocation or modification of the permit under Section 17.72.070.

Pursue any of the remedies set forth in Chapter 1.16 of this code, including, but not limited to, issuance of an administrative citation in accordance with Chapter 1.24 and subsection K of this section.

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:

$500.00 for a first violation;

$750.00 for a second violation of the same code section within 12 months; and

$1,000.00 for each day of each additional violation of the same code section within 12 months.

Any determination made by the city pursuant to this section shall be final unless appealed pursuant to the requirements of this subsection L.

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.

Any enforcement action taken by the Director or the Enforcement Officer pursuant to subsections (J)(2) or K of this section may be appealed only by requesting an administrative hearing in accordance with the requirements of Sections 1.24.070 through 1.24.090 of this code.

Failure to timely appeal in the manner required by this subsection L shall constitute a waiver of the appeal and a failure to exhaust administrative remedies, and shall preclude any and all relief and claims arising in connection with the determination by the city pursuant to this section.

(O2015-13, 11/3/15; O2017-007, 3/7/17)

§ 17.52.520 Water efficient landscaping.

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.

Definitions. As used in this section:

"Covered projects"

shall mean any new or rehabilitated landscape projects that require a building or grading permit, plan check, or design review that fall under any of the following categories:

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.

ii.

Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system.

iii.

Plant collections that are open to the public as part of a botanical garden or arboretum.

"Guidelines"

shall mean the Water Efficient Landscape Guidelines and accompanying appendices and worksheets that shall implement the requirements for covered projects as set forth in this section. The Guidelines shall be established by resolution of the City Council. The Guidelines shall establish an administrative structure and submittal framework for planning, designing, installing, and maintaining water efficient landscapes in new construction and in rehabilitated or remodeled development and for residential homeowners.

"Landscape area"

shall mean all the planting areas, turf areas, and water features in a landscape design plan. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for 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).

"Public Works Director"

shall mean the Public Works Director of the City of Napa, or designee of the Public Works Director or City Manager.

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:

The requirements of this section and the Guidelines.

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)

§ 17.52.530 Wetlands/marshes.

Purpose. To provide for protection and restoration of wetland areas.

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.

General Provisions. The following provisions shall apply to properties containing wetlands when a discretionary development permit is proposed:

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.

Wetland areas shall be mapped on the site plan.

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.

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.)

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)

§ 17.52.540 Wineries.

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.

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.

General Provisions. Wineries require a use permit. The following specific requirements shall apply to wineries in the City of Napa.

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.

Tours, tastings and retail sales may be permitted as an accessory use only, with limits to be determined through the winery use permit.

Winery production capacity shall be established as part of the use permit.

Use of mobile bottling equipment and disposal of wastewater shall be specifically reviewed.

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)