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

Applicability.

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

Parking.

Utilities, fees.

Occupancy, sale/rent.

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

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.

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

Purpose. Studies conducted by cities around the country that have been reviewed by the City of Napa demonstrate that adult-oriented businesses which are not regulated as to permissible locations often have a deleterious effect on nearby businesses and residential areas causing, among other adverse secondary effects, an increase in crime and a decrease in property values. Special regulation of adult-oriented businesses is necessary, therefore, to ensure that their adverse secondary side effects will not contribute to an increase in crime rates or to the blighting or deterioration of the areas in which they are located or in surrounding areas. The purpose and intent of these special regulations is to prevent the concentration of adult-oriented businesses, and other public places at which adult-oriented performances are conducted, and thereby prevent such adverse secondary side effects. The location requirements established by these regulations do not unreasonably restrict the establishment or operation of constitutionally protected adult-oriented businesses in the City of Napa, and a sufficient and reasonable number of appropriate locations for adult-oriented businesses are provided by this title.

Definitions.

Location of Adult-Oriented Businesses.

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

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.

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.

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:

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.

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.

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:

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.

Purposes. The specific purposes of these standards are:

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:

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:

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.

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:

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

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:

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

Tenant Provisions. The following tenant provisions shall apply:

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.

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.

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.

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:

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

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.

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.

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.

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:

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:

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.

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.

Floor Area Ratios (FARs).

Density and FAR Calculations in Residential Mixed Use Projects.

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.

Large Project Applications.

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.

Land Donation.

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.

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.).

Traffic and Circulation.

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.

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:

*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.

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.

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

State law requires the California Department of Forestry and Fire Protection (CAL FIRE), to identify areas, or zones, as moderate, high, and very high fire hazard severity potential under the Fire and Resources Assessment Program (FRAP). These Fire Hazard Severity Zones (FHSZ) are mapped and identified based on expected burn probabilities, potential fuels over a 30- to 50-year time period, and their correlated expected fire behavior, in order to better predict possible vegetation fire exposure to buildings and developments.

City Development Review Staff Consulted. The city designates the Fire Hazard Severity Zones as required by CAL FIRE pursuant to Government Code Section 51178. Fire hazard severity zones are specifically identified by the Office of the State Fire Marshal. City development review staff shall reference these maps and be consulted as part of initial project application submittals.

Requirements for Wildland-Urban Interface Areas. Depending on fire hazard severity zone designation, the following may be required by city development review staff to analyze and address the following factors, including but not limited to:

Approval. Fire hazard reduction information shall be reviewed by city development review staff and incorporated as needed into project approvals.

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:

Other Standards.

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.

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).

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

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

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:

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:

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.

Purpose, Scope, and Findings.

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.

Commercial Cannabis Activities Prohibited.

Limited Immunity for Cannabis Retailers and Cannabis Manufacturers.

Zoning and Locational Restrictions.

Operational Requirements.

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.

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:

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.

Development Objectives.

Purposes. The purposes of this section are to:

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.

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

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

Findings and Purpose.

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

Exceptions.

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.

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:

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 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 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:

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:

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.

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.

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.

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

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.

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:

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.

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.

General Provisions.

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.

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

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.).

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:

Other :HS Areas.

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).

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.

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:

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.

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.

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:

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.

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.

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:

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

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:

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.

Peddlers and Vendors.

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:

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:

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:

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:

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.

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.

Scope, Purpose and Findings.

Definitions. As used in this section:

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

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:

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

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.

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).

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.

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

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:

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:

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

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:

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:

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:

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.