04 - FINDINGS
The board of supervisors makes the following findings:
A.
Chapter 4, Title 7, commencing with Section 65800, of the California Government Code, provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities as well as for the implementation of the general plan in effect in any such county or city. Said chapter requires county or city zoning ordinances to be consistent with the general plan. A zoning ordinance shall be consistent with a general plan only if a general plan has been adopted and the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses and programs specified in such a plan. In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to such a plan, or to any element of such a plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended.
B.
Additionally, Article 4 of said chapter (commencing with Section 65910) requires the county to prepare and adopt an open-space zoning ordinance consistent with the county's open-space plan.
C.
This board has, in the recent past, substantially amended the county general plan by adoption of open-space, conservation, land use and seismic safety elements. Adoption of other new elements of the general plan is anticipated in the near future.
D.
Ordinance No. 186 of the county of Napa, the zoning ordinance, adopted in 1955, has been amended in certain of its details from time to time, but it has never been substantially revised despite changes made in the general plan as described above; despite developments in the fields of planning, zoning and land use regulations; and despite major changes in the economy, population and land use patterns in Napa County.
E.
Accordingly, the county's zoning ordinance should be revised substantially to bring it into conformity with the county's general plan, to reflect beneficial developments in the field of land use planning and planning law, and to accommodate changes brought about by recent developments in the county. Additionally, the revised zoning ordinance should fulfill the requirement for an open-space zoning ordinance consistent with the county's open-space plan.
F.
Further, this board deems it necessary, for the purpose of promoting the health, safety and general welfare of the county, to revise the existing zoning ordinance, and in conjunction therewith substantially to revise the number, shape and area of zoning districts into which the unincorporated area of the county is divided, and substantially to revise the regulations pertaining to such zoning districts in accordance with the general plan and the following objectives:
1.
To lessen congestion on roads and highways;
2.
To protect necessary rights-of-way for streets and highways within the county against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or impractical the retention or creation of thoroughfares adequate in alignment, dimension and vision clearance to serve public needs;
3.
To secure safety from fire, flood, earthquake and other dangers;
4.
To promote health, safety and the general welfare;
5.
To provide adequate light and air;
6.
To provide open space for the preservation and managed production of natural resources and out-door recreation;
7.
To prevent the overcrowding of land;
8.
To avoid undue concentration of population;
9.
To facilitate adequate provision of transportation, water, sewerage, schools, parks and all other community services in urban areas;
10.
To assure that urban development be limited to locations in existing urban areas where adequate utilities and services can be provided;
11.
To conserve and protect the natural environment, including fish and wildlife habitat;
12.
To encourage avoidance and reduction of inefficient, wasteful and unnecessary consumption of energy;
13.
To provide adequate acreage for staged and orderly industrial development in accordance with the county general plan in areas where water and sewer services are best suited for efficient industrial development;
14.
To strengthen the county's economic base and increase the county's tax revenues by protecting the value of land zoned for industrial activities;
15.
To preserve sites and structures of a special historical, archaeological or architectural character, and to provide for the maintenance and development of appropriate settings for such resources;
16.
To provide for recreation vehicle parks in approved locations to serve the needs of both local residents and visitors, and to establish minimum standards and requirements for the location and development of such parks;
17.
To provide for agricultural use in predominantly residential areas where agriculture is and should continue to be a compatible use;
18.
To discourage to the maximum extent possible further parcelization of agricultural resource and agriculture, watershed and open space areas due to the adverse effect on agriculture such parcelizations generally pose;
19.
To avoid overdrafts in extractions from the groundwater basins of Napa County, to maximize the long-term beneficial use of Napa County's groundwater resources, and to ensure that sufficient groundwater is available for the long-term viability of agriculture in Napa County.
G.
This board foresees a lengthy transition period between the date the first parcel of land in this county is brought under the revised ordinance and the date the last parcel is so transferred. Public hearings as required by law and the interests of justice will be held to provide property owners, their neighbors and the public at large an opportunity to express themselves on the impact of the changes contemplated. This board desires the process to allow for full and due deliberation of all points of view. During this transition period the board foresees a possibility of great confusion and misunderstanding over the applicability of specific land use regulations to particular parcels. To minimize such confusion the board deems it in the public interest that each parcel to be rezoned should remain under the terms and provisions of Ordinance No. 186, as amended in its entirety, until all public hearings with respect to its rezoning have been accomplished, and an ordinance rezoning such parcel has been adopted as provided by law, at which point such parcel will begin to be governed by the terms and provisions of this new zoning ordinance. Similarly, the zoning maps on which the boundaries of zoning districts established by Ordinance No. 186 are shown shall continue to be the adopted zoning maps of this county with respect to each parcel shown thereon until such parcel has been shown on the official zoning map adopted pursuant to Section 21101 of the Napa County Code.
H.
However, several zoning districts already established under Ordinance No. 186, as amended, will not be substantively changed. Therefore, parcels zoned AP, AP-E, and AP-I will not be rezoned under the program described in subsection (G) above. All parcels bearing such zoning designation will be brought under this ordinance on August 26, 1976, and will henceforward be governed by the terms and provisions of this ordinance. They will be shown as of that date on the official zoning map adopted pursuant to Section 12101 of the Napa County Code. Similarly, parcels zoned M will be brought under the Industrial zoning provisions of this title; parcels zoned AWR will be brought under the AW zoning district provisions of this title; parcels zoned PC or PD will be brought under the PD zoning provisions of this title; and parcels zoned AV will be brought under the AV zoning district provisions of this title on the effective date of the ordinance establishing in each case the district regulations of such zoning district.
All parcels in a zoning district with which an FP-1 zoning district is combined will be brought under the FP-1 zoning provisions of this title on the effective date of the ordinance establishing the FP-1 zoning district.
(Ord. 1162 § 7(a), 1999; Ord. 1082 § 1, 1995; Ord. 702 § 1, 1981; Ord. 633 § 1, 1980; Ord. 565 § 1, 1978; Ord. 556 § 1, 1978; Ord. 549 § 2, 1977; Ord. 538 § 1, 1977; Ord. 531 § 1, 1977: Ord. 511 § 1 (part), 1976: prior code § 12000)
04 - FINDINGS
The board of supervisors makes the following findings:
A.
Chapter 4, Title 7, commencing with Section 65800, of the California Government Code, provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities as well as for the implementation of the general plan in effect in any such county or city. Said chapter requires county or city zoning ordinances to be consistent with the general plan. A zoning ordinance shall be consistent with a general plan only if a general plan has been adopted and the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses and programs specified in such a plan. In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to such a plan, or to any element of such a plan, the zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended.
B.
Additionally, Article 4 of said chapter (commencing with Section 65910) requires the county to prepare and adopt an open-space zoning ordinance consistent with the county's open-space plan.
C.
This board has, in the recent past, substantially amended the county general plan by adoption of open-space, conservation, land use and seismic safety elements. Adoption of other new elements of the general plan is anticipated in the near future.
D.
Ordinance No. 186 of the county of Napa, the zoning ordinance, adopted in 1955, has been amended in certain of its details from time to time, but it has never been substantially revised despite changes made in the general plan as described above; despite developments in the fields of planning, zoning and land use regulations; and despite major changes in the economy, population and land use patterns in Napa County.
E.
Accordingly, the county's zoning ordinance should be revised substantially to bring it into conformity with the county's general plan, to reflect beneficial developments in the field of land use planning and planning law, and to accommodate changes brought about by recent developments in the county. Additionally, the revised zoning ordinance should fulfill the requirement for an open-space zoning ordinance consistent with the county's open-space plan.
F.
Further, this board deems it necessary, for the purpose of promoting the health, safety and general welfare of the county, to revise the existing zoning ordinance, and in conjunction therewith substantially to revise the number, shape and area of zoning districts into which the unincorporated area of the county is divided, and substantially to revise the regulations pertaining to such zoning districts in accordance with the general plan and the following objectives:
1.
To lessen congestion on roads and highways;
2.
To protect necessary rights-of-way for streets and highways within the county against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or impractical the retention or creation of thoroughfares adequate in alignment, dimension and vision clearance to serve public needs;
3.
To secure safety from fire, flood, earthquake and other dangers;
4.
To promote health, safety and the general welfare;
5.
To provide adequate light and air;
6.
To provide open space for the preservation and managed production of natural resources and out-door recreation;
7.
To prevent the overcrowding of land;
8.
To avoid undue concentration of population;
9.
To facilitate adequate provision of transportation, water, sewerage, schools, parks and all other community services in urban areas;
10.
To assure that urban development be limited to locations in existing urban areas where adequate utilities and services can be provided;
11.
To conserve and protect the natural environment, including fish and wildlife habitat;
12.
To encourage avoidance and reduction of inefficient, wasteful and unnecessary consumption of energy;
13.
To provide adequate acreage for staged and orderly industrial development in accordance with the county general plan in areas where water and sewer services are best suited for efficient industrial development;
14.
To strengthen the county's economic base and increase the county's tax revenues by protecting the value of land zoned for industrial activities;
15.
To preserve sites and structures of a special historical, archaeological or architectural character, and to provide for the maintenance and development of appropriate settings for such resources;
16.
To provide for recreation vehicle parks in approved locations to serve the needs of both local residents and visitors, and to establish minimum standards and requirements for the location and development of such parks;
17.
To provide for agricultural use in predominantly residential areas where agriculture is and should continue to be a compatible use;
18.
To discourage to the maximum extent possible further parcelization of agricultural resource and agriculture, watershed and open space areas due to the adverse effect on agriculture such parcelizations generally pose;
19.
To avoid overdrafts in extractions from the groundwater basins of Napa County, to maximize the long-term beneficial use of Napa County's groundwater resources, and to ensure that sufficient groundwater is available for the long-term viability of agriculture in Napa County.
G.
This board foresees a lengthy transition period between the date the first parcel of land in this county is brought under the revised ordinance and the date the last parcel is so transferred. Public hearings as required by law and the interests of justice will be held to provide property owners, their neighbors and the public at large an opportunity to express themselves on the impact of the changes contemplated. This board desires the process to allow for full and due deliberation of all points of view. During this transition period the board foresees a possibility of great confusion and misunderstanding over the applicability of specific land use regulations to particular parcels. To minimize such confusion the board deems it in the public interest that each parcel to be rezoned should remain under the terms and provisions of Ordinance No. 186, as amended in its entirety, until all public hearings with respect to its rezoning have been accomplished, and an ordinance rezoning such parcel has been adopted as provided by law, at which point such parcel will begin to be governed by the terms and provisions of this new zoning ordinance. Similarly, the zoning maps on which the boundaries of zoning districts established by Ordinance No. 186 are shown shall continue to be the adopted zoning maps of this county with respect to each parcel shown thereon until such parcel has been shown on the official zoning map adopted pursuant to Section 21101 of the Napa County Code.
H.
However, several zoning districts already established under Ordinance No. 186, as amended, will not be substantively changed. Therefore, parcels zoned AP, AP-E, and AP-I will not be rezoned under the program described in subsection (G) above. All parcels bearing such zoning designation will be brought under this ordinance on August 26, 1976, and will henceforward be governed by the terms and provisions of this ordinance. They will be shown as of that date on the official zoning map adopted pursuant to Section 12101 of the Napa County Code. Similarly, parcels zoned M will be brought under the Industrial zoning provisions of this title; parcels zoned AWR will be brought under the AW zoning district provisions of this title; parcels zoned PC or PD will be brought under the PD zoning provisions of this title; and parcels zoned AV will be brought under the AV zoning district provisions of this title on the effective date of the ordinance establishing in each case the district regulations of such zoning district.
All parcels in a zoning district with which an FP-1 zoning district is combined will be brought under the FP-1 zoning provisions of this title on the effective date of the ordinance establishing the FP-1 zoning district.
(Ord. 1162 § 7(a), 1999; Ord. 1082 § 1, 1995; Ord. 702 § 1, 1981; Ord. 633 § 1, 1980; Ord. 565 § 1, 1978; Ord. 556 § 1, 1978; Ord. 549 § 2, 1977; Ord. 538 § 1, 1977; Ord. 531 § 1, 1977: Ord. 511 § 1 (part), 1976: prior code § 12000)