The purpose and intent of these regulations is to protect the public health, safety, and community welfare and to otherwise protect the scenic quality of the county both for visitors to the county as well as for its residents by ensuring that future improvements are compatible with existing land forms, particularly county ridgelines and that views of the county's many unique geologic features and the existing landscape fabric of the county's hillside areas are protected and preserved. These regulations are consistent with the goals and policies of the Napa County general plan, particularly as specified in the land use, open space and conservation, circulation and the scenic highways elements. Furthermore, it is intended that these regulations accomplish the following:

A.

Provide hillside development standards to minimize the impact of man-made structures and grading on views of existing landforms, unique geologic features, existing landscape features and open space as seen from designated public roads within the county;

B.

Protect and preserve views of major and minor ridgelines from designated public roads;

C.

Create a development review process that maximizes administrative, staff level approval of projects which meet administrative standards, while also providing a vehicle for review by the zoning administrator or planning commission of those projects that do not meet the administrative standards;

D.

Minimize cut and fill, earthmoving, grading operations and other such man-made effects on the natural terrain to ensure that finished slopes are compatible with existing land character; and

E.

Promote architecture and designs that are compatible with hillside terrain and minimize visual impacts.

(Ord. 1278 § 1 (part), 2006: Ord. 1189 § 3 (part), 2001)

Unless otherwise specified, the terms indicated below shall have the following meaning:

"Accessory structures" shall mean structures that are subordinate and supplementary to the predominate use of the parcel, be it agricultural, residential, or a combination thereof.

"Agricultural structure" shall mean a structure supportive and/or ancillary to an authorized on-site agricultural use as defined by Section 18.08.040 of the code.

"Benches" or "shelves" shall mean flat areas which could be used as a building site which are otherwise surrounded by slopes of fifteen percent or greater.

"Building height" shall be as defined in the currently adopted edition of the California Building Code used by the county.

"Code" means the Napa County Code.

"Commission" shall mean the Napa County planning commission.

"Defensible space" shall be interpreted pursuant to the requirements of Chapter 3 of Part 2 of Division 4 of the Public Resources Code (commencing with Section 4290).

"Department" shall mean the Napa County planning, building and environmental services department.

"Design Manual" shall mean the manual entitled "Viewshed Protection Manual" on file with the department. The Design Manual shall contain graphic examples of major and minor ridgelines, projects which do and do not meet the criteria contained in this chapter, and landscape plan provisions.

"Designated public roads" shall mean scenic highways as identified in Figures 75 and 76 of the scenic highways element of the Napa County general plan, and such other county roads as may be designated by resolution of the board of supervisors.

"Director" shall mean the director of the planning, building and environmental services department and/or the director's designee.

"Floor area" shall be defined to be the area encompassed by the outside surface of the structure foundation.

"Grading" shall be as defined in Section 18.108.030 of the code. Grading includes earthmoving activity as defined in Section 18.108.030 of the code.

"Major ridgeline" shall mean a ridgeline, which is prominently visible from a substantial land area within the county. Major ridgelines are characterized by the lack of a topographical backdrop where the sky is visible beyond the ridge.

"Minor ridgeline" shall mean a ridgeline which is not prominently visible to a large area of the county. Minor ridgelines are typically lower in height, when compared to the surrounding terrain and may be visible only to a limited area, or have a backdrop of a nearby higher topographical feature.

"Predominant portion" shall mean the principal or main part of the structure including architectural features likely to be silhouetted against the sky.

"Ridgeline" shall mean a visually prominent, relatively narrow strip or crest of land, which includes the highest points of elevation within a watershed, that separates one drainage basin from another.

"Slope" shall be determined in the same manner as defined in Section 18.108.030 of the code.

"Structures" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or comprised of parts joined together in some definite manner. Structure includes, but is not limited to, primary and accessory buildings, single-family residences and improvements, additions, reconstruction and remodeling to said structures.

"Substantial views" shall mean views of a structure wherein fifty-one percent or more of the area facing the designated road(s) can be seen.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 1, 2003: Ord. 1189 § 3 (part), 2001)

(Ord. No. 1379, § 166, 1-29-2013)

A.

Applicability—New and Expanded Structures. No building permit, erosion control plan for structural development, grading or other administrative permit shall be issued by any county staff, agency or department for any new structure or improvement to an existing structure if the structure is located on a slope of fifteen percent or more as defined in Section 18.106.020 or if the structure is located on any minor or major ridgeline as defined in Section 18.106.020 except as specifically provided for herein. The ordinance codified in this section shall apply to all new structures located on slopes of fifteen percent or more or located on a minor or major ridgeline. In the event of a conflict among the regulations in this chapter and those elsewhere in this code, the regulations in this chapter shall prevail. The provisions of this chapter shall also apply to projects undertaken by public agencies and special districts except for the maintenance of existing county public roads within existing rights-of-way.

B.

Applicability—Grading or Earthmoving Activities. No permit or administrative or discretionary approval shall be issued to authorize any grading or earthmoving activity, including grading or earthmoving necessary to create or improve an existing or new driveway, road or other access, or benches or shelves, if such earthmoving or grading would occur on slopes of fifteen percent or more until the applicant has complied with the applicable provisions of this chapter. Agricultural roads within planted areas subject to erosion control plans under Chapter 18.108 of the code shall not be subject to this requirement.

C.

Relationship to the Review of Tentative Parcel Maps, Final Maps, and Subdivision Maps. All future building sites identified on either a tentative parcel map, final map, or subdivision map shall be reviewed and conditions of approval established to ensure conformity with the purpose and intent of this chapter.

D.

Relationship to Previously Approved Use Permits and Small Lot Subdivisions. All structures described in a use permit approved prior to the effective date of Ordinance Number 1189 shall not be subject to the requirements of this chapter. Parcels in small lot subdivisions (defined as groups of at least five parcels of less than two acres each for the purposes of this section) established prior to the effective date of Ordinance Number 1268 shall not be subject to the requirements of this chapter.

E.

Relationship to Previously Accepted or Approved Building Permits. All residential structures or accessory structures for which a building permit was approved prior to the effective date of Ordinance Number 1189, or for which a building permit application had been accepted and deemed complete for departmental review by the county prior to December 1, 2001, shall not be subject to the requirements of this chapter. Such structures and the accompanying permits may be modified prior to the final occupancy inspection if the predominant portion of the proposed modifications to the structure is screened from view from a designated public road by natural vegetation, landscaping, architectural design, and colortone that is in accordance with the Design Manual and provisions of this chapter.

F.

Relationship to Use Permit Applications. Applications requiring the issuance of a use permit or use permit modification, as required by the code, will be reviewed for their adherence to the requirements of this chapter during the application process for the issuance of the use permit or use permit modification.

G.

Relationship to Conservation Regulations. The structures or activities referred to in Section 18.108.050, except subsections (A) and (B), shall be exempt from the requirements of this chapter and will be cleared for further processing.

H.

Determination of Adverse Effects on Ridgelines. The director shall determine whether the proposed location of a structure could adversely affect a minor or major ridgeline for the purpose of administering this chapter based upon elevation of the proposed structure, the height of its roof line and the location of the structure in relationship to surrounding topography.

I.

Application Form and Fee. Applications for new, expanded or remodeled structures subject to this chapter shall be submitted to the department on a form provided by the department accompanied by a fee determined by a resolution adopted by the board of supervisors.

(Ord. 1278 § 1 (part), 2006: Ord. 1268 § 8, 2005: Ord. 1232 § 2, 2003: Ord. 1189 § 3 (part), 2001)

A.

General Provisions. Permit applications which meet the criteria in subsection (A) or (E) of Section 18.106.030, and/or grading or earthmoving activities meeting the criteria in subsection (B) of Section 18.106.030, shall be submitted to the department for review by the director. If the application, either as submitted, or upon the inclusion of specified measures, meets the criteria specified in subsection (B) or (C) of this section, the director shall certify that the project complies with the applicable provisions of this chapter and the project will then be cleared for continuing processing pursuant to Title 15 of the code. The director may require the submittal of additional information including, but not limited to, a photo or computer simulation of the project and associated improvements, prior to determining that the project meets the criteria contained in this chapter.

B.

Visibility Determination. If the director determines that the project cannot be viewed from any designated public road, because of its relationship to surrounding topography or existing vegetation, then the project will be cleared for further processing pursuant to the code. If the determination was made based on existing vegetation coverage, then the property owner, prior to the issuance of a building permit, shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring the existing covering vegetation to be maintained, or replaced with equivalent vegetation, by the owner or the owner's successors, so as to prevent the project from being viewed from any designated public road.

C.

Administrative Criteria. A project shall be certified and cleared for further processing, if the director determines that a project meets all of the following conditions:

1.

The highest point of the proposed structure is located more than twenty-five vertical feet below a major or minor ridgeline;

2.

The project as designed and sited meets all of the following standards and substantially conforms to the Design Manual:

a.

The maximum floor area, including all floors, of the main residence or agricultural structure is four thousand square feet or less and the maximum floor area, including all floors, for accessory structures are a combined total of two thousand five hundred square feet or less,

b.

The height of the structure is twenty-four feet or less as measured from finished grade along fifty percent or more of the longest wall as viewed from any designated public road,

c.

The improvement(s), including any required earthmoving or grading associated with the structure shall minimize removal of existing vegetation with emphasis on preserving mature trees. If the improvements require the removal of any tree with a diameter of six inches or greater, a detailed landscaping plan shall be prepared showing the location and replacement of trees and vegetation in a manner which screens the improvements from substantial views from designated public roads and provides for defensible space in conformance with state law,

d.

A significant portion of natural on-site vegetation has been retained to naturally screen the project from views of designated public roads,

e.

Landscaping will be installed and designed to screen the project from substantial views from designated public roads,

f.

The project lighting, including site lighting, has been designed to minimize off-site visibility and glare,

g.

The exterior color treatment of the structure will blend with the color of surrounding vegetation and landforms,

h.

Exterior windows and trim are nonreflective, and

i.

Roof angles and composition are designed to conform to existing landforms and landscape;

3.

If the structure is an addition to an existing residence or an agricultural structure, the total floor area, including all floors shall not exceed four thousand square feet. If the addition pertains to an accessory structure, the total floor area, including all floors, shall not exceed a combined total of two thousand five hundred square feet;

4.

The project as sited and designed shall be in substantial compliance with the Design Manual to reduce its visual impact on the views of major and minor ridgelines as viewed from any designated public road and unique topographic or geologic features as viewed from any county road. The following landforms will be considered to be unique topographic or geologic features for the purposes of this subsection: Mt. St. Helena, Stag's Leap, Calistoga Palisades, Round Hill, Mt. George and Mt. St. John;

5.

Involves the grading of less than one and one-half acres of land;

6.

Future structures, including roads, driveways, wastewater disposal systems, and necessary earthmoving to construct project improvements shall be located to avoid environmentally sensitive areas as defined by Section 18.08.270 of the code;

7.

A detailed landscape plan prepared by a qualified landscape professional shall be prepared which incorporates the criteria set forth in the Design Manual for review and approval by the director.

D.

Prior to the issuance of a building permit for any project authorized under this section, the property owner shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring building exteriors, and existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successors so as to maintain conformance with either subsection (B) or (C) of this section.

E.

Projects that do not satisfy the criteria and standards contained in Section 18.106.040 shall be subject to review and approval under Section 18.106.050.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 3, 2003: Ord. 1189 § 3 (part), 2001)

A.

If the director determines that a project does not meet the criteria in Section 18.106.040 the project shall not be cleared for further processing until the findings contained in subsection (B) of this section are made and a permit is issued by the zoning administrator, or upon referral, by the commission.

B.

The zoning administrator or commission shall make all of the following findings prior to approving a project:

1.

The project as designed or modified is consistent with Chapter 18.108 of the code;

2.

If the highest point of the proposed project is located more than twenty-five vertical feet below a major or minor ridgeline, that measures have been included in the project to reduce its visual impact on the major or minor ridgeline through use of existing natural vegetation, landscaping, topographical siting, architectural design, and colortone; or if the highest point of the proposed structure is within twenty-five vertical feet of a major or minor ridgeline, that the existing vegetation, proposed landscaping, topographical siting, architectural design, and colortone screen the predominant portion of the proposed structure;

3.

The proposed structure, access roads and other site improvements are sited and designed to minimize adverse effects on views from designated public roads;

4.

The proposed structure, access road and other site improvements, including earthmoving or grading, and benches or shelves minimize the removal of vegetation;

5.

The siting and design of site improvements and access roads minimize grading and alteration of natural landforms and topography;

6.

A landscape and/or vegetation retention plan in conformance with the Design Manual has been submitted and approved for the site that would provide maximum screening from designated public roads through preservation of existing vegetation and the planting of new vegetation and provide for defensible space in conformance with state law;

7.

The proposed structure and associated improvements substantially conform with the Design Manual in order to reduce their visual impact on the views of major and minor ridgelines as viewed from any designated public road and unique topographic or geologic features as viewed from any county road. The following landforms will be considered to be unique topographic or geologic features for the purposes of this subsection: Mt. St. Helena, Stag's Leap, Calistoga Palisades, Round Hill, Mt. George and Mt. St. John;

C.

Prior to the issuance of a building permit for any project authorized under this section, the property owner shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring building exteriors, and existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successor so as to maintain conformance with subsection (B) of this section;

D.

If one or more of the findings in subsection (B) of this section cannot be made, the application shall be forwarded to the commission for a possible exception pursuant to Section 18.106.070.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 4, 2003: Ord. 1189 § 3 (part), 2001)

A.

Within seven days of the issuance of a tentative decision that the project is subject to administrative approval under Section 18.106.040, the director shall give notice of his tentative decision, including the date on which the tentative decision will become final, which date shall be ten calendar days following the date notice of the tentative decision is mailed.

1.

The notice shall be provided to the city or town closest to where the project is proposed to be built and to all public or private property owners located within one thousand feet of the outer perimeter of the property on which the project would be constructed as shown on the latest equalized assessment roll.

2.

The tentative decision shall be final once the period identified in the notice has expired unless an appeal has been filed by the applicant or any interested person pursuant to Chapter 2.88 of this code, in which case the tentative decision shall become final only if and when the appeal is withdrawn, dismissed or denied. If the appeal is granted, in whole or in part, the decision of the board on appeal shall become final in the manner and within the time set forth in Chapter 2.88.

B.

At least ten days prior to a decision by the zoning administrator or the commission under Section 18.106.050 or 18.106.070, notice of a public hearing shall be provided to the city or town closest to where the project is proposed to be built and to all property owners located within one thousand feet of the outer perimeter of the property on which the project would be constructed as shown on the latest equalized assessment roll.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 5, 2003: Ord. 1201 § 7, 2002; Ord. 1189 § 3 (part), 2001)

(Ord. No. 1395, § 3, 12-16-2014)

Upon application by the property owner of a site, an exception to the requirement contained in subsection (B) of Section 18.106.050 may be granted by the commission. Such exception may be granted if, after conducting a public hearing and reviewing available building sites on the subject property, the commission makes all of the following findings:

A.

Compliance with the provisions of subsection (B) of Section 18.106.050 would result in greater visual impact than would the proposed construction on the proposed building site;

B.

Compliance with the provisions of subsection (B) of Section 18.106.050 would result in greater impact on existing landforms and landscape than would the proposed construction on the proposed building site;

C.

Measures have been included in the project to reduce its visual impacts as seen from any designated public roads. Such measures include but are not limited to:

1.

Installation of landscaping designed to screen the project from view of designated public roads;

2.

Low level lighting on buildings and site which minimize off-site visibility and glare;

3.

Nonreflective exterior windows and window frames;

4.

Use of earth tone colors on building exteriors;

5.

Roof angles and composition designed to conform with the existing land forms and landscape; and

6.

Building height has been designed to minimize the silhouetting against the sky when viewed from any designated public road or open space owned or managed by a public agency or land trust.

D.

Prior to the issuance of a building permit for any project authorized under this section, the property owner shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring building exteriors, and existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successors so as to maintain conformance with subsection (C) of this section.

E.

The project as designed or modified is consistent with the requirements of Chapter 18.108 of the code.

(Ord. 1278 § 1 (part), 2006: Ord. 1232 § 6, 2003: Ord. 1189 § 3 (part), 2001)

Nothing in this chapter shall be construed as prohibiting any person from filing an application for a variance or as prohibiting the board of supervisors or commission from approving a variance pursuant to Chapter 18.128 of the code.

(Ord. 1278 § 1 (part), 2006: Ord. 1189 § 3 (part), 2001)

No action shall be taken or a decision made pursuant to this chapter that denies the property owner economically viable use of the land (or the current legal standard in effect for a "takings" claim) under the Fifth Amendment of the U.S. Constitution at the time the applicant seeks project approval.

(Ord. 1278 § 1 (part), 2006: Ord. 1189 § 3 (part), 2001)