10 - ZONING ADMINISTRATOR
Pursuant to Section 65901 of the California Government Code, the powers and duties of the zoning administrator shall be as follows:
A.
To approve such matters as are set forth in Section 18.10.020;
B.
To make such environmental determinations pursuant to the provisions of the California Environmental Quality Act and regulations promulgated thereto as are necessary prior to consideration and approval of any of the matters set forth in Section 18.10.020 including, but not limited to, adoption of negative declarations, preparation of notices of determination and certification of environmental impact reports;
C.
To hear and determine all ancillary matters relating to the matters set forth in Section 18.10.020 including, without limitation, the making of determinations and findings, imposition of conditions, and approval of development plans, application and related forms, and extensions of time;
D.
To issue only those approvals and entitlements otherwise within the scope of his authority which are consistent with all applicable provisions of the Napa County general plan and this code;
E.
To provide such public notice as may be required by state law prior to hearing and/or approval of any of the matters set forth in Section 18.10.020, and to provide any additional notice as is deemed appropriate in the discretion of the zoning administrator;
F.
To adopt and publish such rules and procedures as are necessary or convenient for the conduct of the business of the zoning administrator, so long as such rules and procedures are consistent with this chapter and applicable federal, state or local law;
G.
To report all matters considered and decisions made on a monthly basis to the planning commission;
H.
To do all things and exercise such authority necessarily implied by the duties and powers specifically set forth in this chapter or required for compliance with any provision of federal, state or local law.
(Ord. 1186 § 7, 2001; Ord. 944 § 2 (part), 1990: prior code § 12090)
(Ord. No. 1379, § 150, 1-29-2013)
The zoning administrator shall hear and decide all applications for the following unless, in the zoning administrator's sole discretion, the zoning administrator determines that the matter (1) is of a size, importance, or unique nature such that it is judged not to be a routine matter; (2) involves potentially significant environmental impacts; or (3) is such that the public interest would be furthered by having a particular application heard and decided by the planning commission:
A.
Permits and modifications thereof for the following:
1.
Farmworker housing as defined by Section 18.08.294 of this code;
2.
Cottage food operations;
3.
Kennels and veterinary facilities;
4.
(Reserved);
5.
Following a public hearing noticed in accordance with Section 18.136.040, use permits for Micro-wineries as defined by Section 18.08.377 of this code;
6.
Undergrounding of gas, electric, telephone, or cable television lines;
7.
Noncommercial wind energy and conversion systems;
8.
Child day care centers;
9.
Residential care facilities (medium) and (large);
10.
Following a public hearing noticed in accordance with Section 18.136.040, use permits for small wineries as defined by Section 18.08.600 of this code that were issued a certificate of exemption prior to February 22, 1990, recognizing the extent of existing legal entitlements or allowing the following uses provided the application meets all of the following qualifications:
a.
Has an annual maximum of twenty thousand gallons or less of wine production;
b.
Generates no more than forty Average Daily Trips (ADT) (twenty round trips) by tasting room visitors, all winery employees including seasonal employees, and deliveries to the winery. The use permit will not trigger application of the Napa County Road and Street Standards unless the total ADT from all uses exceeds forty ADT or the inspection authority determines that improvements are required to comply with the State Fire Code, State Responsibility Area Regulations, or adopted left-turn warrants required for all projects;
c.
Has a maximum of ten thousand square feet of occupied space, including buildings, caves, and cut and cover caves, but excluding unenclosed space, such as covered crush pads;
d.
Conducts a maximum of eleven marketing events per year. Ten such events may allow attendees up to a total amount of vehicle trips that does not exceed twenty-four ADT (twelve daily round trips) and one such event may allow attendees up to a total amount of vehicle trips that does not exceed forty ADT (twenty daily round trips). The ADT for all winery uses, including deliveries, tours and tastings, and employees, on days when a marketing event occurs shall not exceed forty ADT; and
e.
Following approval of a use permit under this subsection, no subsequent application for an increase in production of wine, tasting room visitation, or marketing events shall be considered within two years after approval;
11.
(Reserved);
12.
(Reserved);
13.
Modifications of use permits under subsection (E) of Section 18.124.130;
14.
Farmworker centers as defined by Section 18.08.293 of this code;
15.
(Reserved);
16.
(Reserved);
B.
(Reserved);
C.
Merger of substandard parcels, but only if the parcels meet the requirements set forth in Section 17.48.040;
D.
(Reserved);
E.
Summary revisions to acreage, but only after making the findings required by Section 17.50.070;
F.
(Reserved);
G.
Licenses for Category 3 temporary events as defined in Section 5.36.015 if a hearing is requested, and Category 4 temporary events as defined in Section 5.36.015 if not referred to the board;
H.
Certificates of present extent of legal nonconformity, in accordance with the procedure set forth in Section 18.132.050;
I.
Minor amendments of tentative, parcel and final maps in accordance with the procedure set forth in Sections 17.26.030 through 17.26.050 and Section 17.26.060 for modifications to or elimination of slope easements, and for this purpose the zoning administrator shall be deemed an "advisory agency" as defined in Chapter 17.02;
J.
Variances, pursuant to Chapter 18.128 of this code (commencing with Section 18.128.010) and excepting therefrom any variances from the terms of the Conservation Regulations as set forth in Chapter 18.108;
K.
(Reserved);
L.
Applications for extensions of the life of a tentative map;
M.
Minor modifications to use permits as described in Section 18.124.130 (B) and modifications to winery use permits as described in Section 18.124.130(C)(1) through (7) of Section 18.124.130, after making the findings required by Section 18.124.130;
N.
Variances from the standards for mobile home parks in accordance with Section 15.40.310, or any successor amendment thereof;
O.
(Reserved); and
P.
Applications for exceptions to the county's adopted road and street standards in connection with all permits and modifications listed in subsection A through O above, a building permit clearance for a single-family residence or other ministerial permit clearance.
(Ord. 1284 § 1, 2006: Ord. 1268 § 3, 2005: Ord. 1234 § 1, 2004: Ord. 1206 § 24, 2002: Ord. 1186 §§ 8, 9, 2001; Ord. 1107 § 3, 1996; Ord. 1104 §§ 12—15, 1996; Ord. 1081 § 8, 1995; Ord. 1062 § 1, 1994; Ord. 1052 § 15, 1993; Ord. 1046 § 2, 1993; Ord. 1040 § 4, 1993: Ord. 1039 § 1, 1993; Ord. 981 §§ 44, 45, 1991; Ord. 975 § 6, 1990; Ord. 944 § 2 (part), 1990: prior code 12091)
(Ord. No. 1323, § 4, 6-23-2009; Ord. No. 1370, § 7, 3-20-2012; Ord. No. 1379, § 151, 1-29-2013; Ord. No. 1380, § 2, 2-26-2013, eff. 3-28-2013; Ord. No. 1390, § 2, 5-20-2014, eff. 6-19-2014; Ord. No. 1423, § 4, 9-26-2017; Ord. No. 1455, § 1, 2-4-2020; Ord. No. 1474, § 2, 4-5-2022; Ord. No. 1482, § 2, 6-6-2023; Ord. No. 1491, § 1, 6-4-2024; Ord. No. 1495, § 17, 9-24-2024; Ord. No. 1507, § 1, 5-20-2025)
10 - ZONING ADMINISTRATOR
Pursuant to Section 65901 of the California Government Code, the powers and duties of the zoning administrator shall be as follows:
A.
To approve such matters as are set forth in Section 18.10.020;
B.
To make such environmental determinations pursuant to the provisions of the California Environmental Quality Act and regulations promulgated thereto as are necessary prior to consideration and approval of any of the matters set forth in Section 18.10.020 including, but not limited to, adoption of negative declarations, preparation of notices of determination and certification of environmental impact reports;
C.
To hear and determine all ancillary matters relating to the matters set forth in Section 18.10.020 including, without limitation, the making of determinations and findings, imposition of conditions, and approval of development plans, application and related forms, and extensions of time;
D.
To issue only those approvals and entitlements otherwise within the scope of his authority which are consistent with all applicable provisions of the Napa County general plan and this code;
E.
To provide such public notice as may be required by state law prior to hearing and/or approval of any of the matters set forth in Section 18.10.020, and to provide any additional notice as is deemed appropriate in the discretion of the zoning administrator;
F.
To adopt and publish such rules and procedures as are necessary or convenient for the conduct of the business of the zoning administrator, so long as such rules and procedures are consistent with this chapter and applicable federal, state or local law;
G.
To report all matters considered and decisions made on a monthly basis to the planning commission;
H.
To do all things and exercise such authority necessarily implied by the duties and powers specifically set forth in this chapter or required for compliance with any provision of federal, state or local law.
(Ord. 1186 § 7, 2001; Ord. 944 § 2 (part), 1990: prior code § 12090)
(Ord. No. 1379, § 150, 1-29-2013)
The zoning administrator shall hear and decide all applications for the following unless, in the zoning administrator's sole discretion, the zoning administrator determines that the matter (1) is of a size, importance, or unique nature such that it is judged not to be a routine matter; (2) involves potentially significant environmental impacts; or (3) is such that the public interest would be furthered by having a particular application heard and decided by the planning commission:
A.
Permits and modifications thereof for the following:
1.
Farmworker housing as defined by Section 18.08.294 of this code;
2.
Cottage food operations;
3.
Kennels and veterinary facilities;
4.
(Reserved);
5.
Following a public hearing noticed in accordance with Section 18.136.040, use permits for Micro-wineries as defined by Section 18.08.377 of this code;
6.
Undergrounding of gas, electric, telephone, or cable television lines;
7.
Noncommercial wind energy and conversion systems;
8.
Child day care centers;
9.
Residential care facilities (medium) and (large);
10.
Following a public hearing noticed in accordance with Section 18.136.040, use permits for small wineries as defined by Section 18.08.600 of this code that were issued a certificate of exemption prior to February 22, 1990, recognizing the extent of existing legal entitlements or allowing the following uses provided the application meets all of the following qualifications:
a.
Has an annual maximum of twenty thousand gallons or less of wine production;
b.
Generates no more than forty Average Daily Trips (ADT) (twenty round trips) by tasting room visitors, all winery employees including seasonal employees, and deliveries to the winery. The use permit will not trigger application of the Napa County Road and Street Standards unless the total ADT from all uses exceeds forty ADT or the inspection authority determines that improvements are required to comply with the State Fire Code, State Responsibility Area Regulations, or adopted left-turn warrants required for all projects;
c.
Has a maximum of ten thousand square feet of occupied space, including buildings, caves, and cut and cover caves, but excluding unenclosed space, such as covered crush pads;
d.
Conducts a maximum of eleven marketing events per year. Ten such events may allow attendees up to a total amount of vehicle trips that does not exceed twenty-four ADT (twelve daily round trips) and one such event may allow attendees up to a total amount of vehicle trips that does not exceed forty ADT (twenty daily round trips). The ADT for all winery uses, including deliveries, tours and tastings, and employees, on days when a marketing event occurs shall not exceed forty ADT; and
e.
Following approval of a use permit under this subsection, no subsequent application for an increase in production of wine, tasting room visitation, or marketing events shall be considered within two years after approval;
11.
(Reserved);
12.
(Reserved);
13.
Modifications of use permits under subsection (E) of Section 18.124.130;
14.
Farmworker centers as defined by Section 18.08.293 of this code;
15.
(Reserved);
16.
(Reserved);
B.
(Reserved);
C.
Merger of substandard parcels, but only if the parcels meet the requirements set forth in Section 17.48.040;
D.
(Reserved);
E.
Summary revisions to acreage, but only after making the findings required by Section 17.50.070;
F.
(Reserved);
G.
Licenses for Category 3 temporary events as defined in Section 5.36.015 if a hearing is requested, and Category 4 temporary events as defined in Section 5.36.015 if not referred to the board;
H.
Certificates of present extent of legal nonconformity, in accordance with the procedure set forth in Section 18.132.050;
I.
Minor amendments of tentative, parcel and final maps in accordance with the procedure set forth in Sections 17.26.030 through 17.26.050 and Section 17.26.060 for modifications to or elimination of slope easements, and for this purpose the zoning administrator shall be deemed an "advisory agency" as defined in Chapter 17.02;
J.
Variances, pursuant to Chapter 18.128 of this code (commencing with Section 18.128.010) and excepting therefrom any variances from the terms of the Conservation Regulations as set forth in Chapter 18.108;
K.
(Reserved);
L.
Applications for extensions of the life of a tentative map;
M.
Minor modifications to use permits as described in Section 18.124.130 (B) and modifications to winery use permits as described in Section 18.124.130(C)(1) through (7) of Section 18.124.130, after making the findings required by Section 18.124.130;
N.
Variances from the standards for mobile home parks in accordance with Section 15.40.310, or any successor amendment thereof;
O.
(Reserved); and
P.
Applications for exceptions to the county's adopted road and street standards in connection with all permits and modifications listed in subsection A through O above, a building permit clearance for a single-family residence or other ministerial permit clearance.
(Ord. 1284 § 1, 2006: Ord. 1268 § 3, 2005: Ord. 1234 § 1, 2004: Ord. 1206 § 24, 2002: Ord. 1186 §§ 8, 9, 2001; Ord. 1107 § 3, 1996; Ord. 1104 §§ 12—15, 1996; Ord. 1081 § 8, 1995; Ord. 1062 § 1, 1994; Ord. 1052 § 15, 1993; Ord. 1046 § 2, 1993; Ord. 1040 § 4, 1993: Ord. 1039 § 1, 1993; Ord. 981 §§ 44, 45, 1991; Ord. 975 § 6, 1990; Ord. 944 § 2 (part), 1990: prior code 12091)
(Ord. No. 1323, § 4, 6-23-2009; Ord. No. 1370, § 7, 3-20-2012; Ord. No. 1379, § 151, 1-29-2013; Ord. No. 1380, § 2, 2-26-2013, eff. 3-28-2013; Ord. No. 1390, § 2, 5-20-2014, eff. 6-19-2014; Ord. No. 1423, § 4, 9-26-2017; Ord. No. 1455, § 1, 2-4-2020; Ord. No. 1474, § 2, 4-5-2022; Ord. No. 1482, § 2, 6-6-2023; Ord. No. 1491, § 1, 6-4-2024; Ord. No. 1495, § 17, 9-24-2024; Ord. No. 1507, § 1, 5-20-2025)