The board of supervisors declares that the county, through the planning commission and the board of supervisors, is engaged in developing and updating the master plan of streets and highways within the county for the purpose of assuring ample transportation facilities for the present and future; that the magnitude of the undertaking precludes precise plans being completed in their entirety in time to fully guide all development occurring within the county; that the surveys, hearings, map preparation and requirements of the law governing such matters necessitate such detailed plans being developed progressively; that to conserve the public interest and to assure economies and public safety and welfare it is imperative that necessary rights-of-way for streets and highways within the county be protected against encroachment by permanent physical improvements, the existence of which would make unnecessarily difficult or make impractical the retention or creation of thoroughfares adequate in alignment, dimensions and vision clearance to serve the public needs, safety and welfare; and that to deal effectively with the practical problem thus presented, certain minimum road setbacks are hereby established on a county-wide basis.

(Ord. 982 § 4 (part), 1991: Ord. 867 § 2 (part), 1988: Ord. 511 § 1 (part), 1976: prior code § 12500(a))

(Ord. No. 1379, § 171, 1-29-2013)

Except for official, directional or other signs permitted by state law and this code to be located within the road right-of-way of a state or county highway, no building, structure, well, utility facility or other improvement may be erected, constructed, enlarged, or established on, over or under the area within the established road setback.

(Ord. 982 § 4 (part), 1991: Ord. 867 § 2 (part), 1988: prior code § 12500(b))

The road setbacks prescribed by this chapter shall be measured from the centerline of the right-of-way, easement, offer of dedication or combination thereof for the street, road or highway, including any portions which lie within incorporated city limits.

(Ord. 982 § 4 (part), 1991: Ord. 867 § 2 (part), 1988: Ord. 511 § 1 (part), 1976: prior code § 12500(c))

A seventy-foot road setback is established for the following state highways: State Highway Routes 12, 29, 121 and 128.

(Ord. 982 § 5, 1991: Ord. 511 § 1 (part), 1976: prior code § 12501)

A seventy-foot road setback is established for Stanly Lane from State Highway 12-121 southeast to end.

(Ord. 982 § 6, 1991: Ord. 511 § 1 (part), 1976: prior code § 12502)

A seventy-foot road setback is established for the Silverado Trail from State Highway 29 in Calistoga south to Trancas Street in Napa.

(Ord. 982 § 7, 1991: Ord. 511 § 1 (part), 1976: prior code § 12503)

A forty-two-foot road setback is established on the following roads:

1.

American Canyon Road from State Highway 29 east to county line;

2.

Big Ranch Road from Trancas Street north to end;

3.

Berryessa-Knoxville Road from State Highway 128 northwest to intersection of Pope Canyon Road;

4.

Browns Valley Road between Napa city limits;

5.

Butts Canyon Road from Aetna Springs Road, northeast and west to Lake County line;

6.

Chiles and Pope Valley Road from State Highway 128 northwest to Howell Mountain Road;

7.

Coombsville Road from Napa city limits east to Fourth Avenue;

8.

Deer Park Road from State Highway 29 east to Silverado Trail;

9.

Flosden Road from Solano County line north to American Canyon Road;

10.

Hardman Avenue from Silverado Trail northeast to Atlas Peak Road;

11.

Imola Avenue East from Napa city limits east to Shurtleff;

12.

Lower Chiles Valley Road from State Highway 128 northwest to Chiles and Pope Valley Road;

13.

Old Sonoma Road from State Highway 12-121 northeast to Napa city limits;

14.

Pope Valley Road from Howell Mountain Road northwest to Aetna Springs Road;

15.

Redwood Road from State Highway 29 west to Dry Creek Road;

16.

Soscol Avenue in the vicinity of the city of Napa;

17.

Trancas Street from the Napa city limits east to Silverado Trail (State Highway 121);

18.

Tubbs Lane from State Highway 128 northeast to State Highway 29;

19.

Zinfandel Lane from State Highway 29 northeast to Silverado Trail.

(Ord. 982 § 9, 1991: Ord. 511 § 1 (part), 1976: prior code § 12505)

A thirty-foot road setback is established on the following roads:

1.

Aetna Springs Road from Pope Valley Road and Butts Canyon Road west to Oat Hill Road;

2.

Atlas Peak Road from State Highway 121 northerly to end;

3.

Bale Lane from State Highway 29 northeast to Silverado Trail;

4.

Bayview Avenue from Las Amigas Road west to end;

5.

Bell Lane from State Highway 121 southeast to end;

6.

Berryessa-Knoxville Road from Pope Canyon Road intersection north to Lake County line;

7.

Bennett Lane from Tubbs Lane west to State Highway 128;

8.

Broadway from Solano County line north to American Canyon Road;

9.

Brookside Drive from White Cottage Road east to Howell Mountain Road;

10.

Buhman Avenue from Napa city limits south to Old Sonoma Road;

11.

Carol Drive from West Pueblo Avenue north to Napa city limits;

12.

Clark Way from College Avenue east to Howell Mountain Road;

13.

College Avenue from White Cottage Road southeast to Howell Mountain Road;

14.

Congress Valley Road from Old Sonoma Road west to Buhman Avenue;

15.

Conn Valley Road from Howell Mountain Road east to end;

16.

Coombsville Road from Fourth Avenue east to Wild Horse Valley Road;

17.

Crawford Way from State Highway 29 west to Chaucer Lane;

18.

Crystal Springs Road from Silverado Trail south to Sanitarium Road;

19.

Cuttings Wharf Road from State Highway 12-121 southerly to Napa River;

20.

Dealy Lane from Old Sonoma Road northwest to Henry Road;

21.

Deer Park Road from Silverado Trail northeast to Howell Mountain Road;

22.

Diogenes Drive from White Cottage Road east to Brookside Drive;

23.

Donaldson Way from State Highway 29 to Eucalyptus Drive;

24.

Dollarhide Road from Hardin Road northeast to end;

25.

Dry Creek Road from Napa city limits to Sonoma County line;

26.

Duhig Road from State Highway 12-121 south to Sonoma County line;

27.

Dunaweal Lane from State Highway 29 to Silverado Trail;

28.

El Centro Avenue between Napa city limits to Big Ranch Road;

29.

Evey Road from Bennett Lane north to end;

30.

First Avenue from Coombsville Road north to Hagen Road;

31.

Foster Road from vicinity of city of Napa south to Golden Gate Drive;

32.

Fourth Avenue from Imola Avenue East, northeast to Coombsville Road;

33.

Glass Mountain Road from Silverado Trail east to Sanitarium Road;

34.

Golden Gate Drive from Napa city limits southwesterly to end;

35.

Gordon Valley Road from Wooden Valley Cross Road to Solano County line;

36.

Green Island Road from State Highway 29 west to end;

37.

Greenwood Avenue from State Highway 29 west to end;

38.

Hagen Road from Napa city limits northeast to Third Avenue;

39.

Hardin Road from Maxwell Canyon Road southeast to Dollarhide Road;

40.

Henry Road from Buhman Avenue northwest to end;

41.

Howell Mountain Road from vicinity of city of St. Helena north to Pope Valley Road;

42.

Imola Avenue East from Shurtleff east to Fourth Avenue;

43.

Ink Grade from Howell Mountain Road north to Pope Valley Road;

44.

James Road from American Canyon Road West north to Wilson Way;

45.

Kelly Road from State Highway 29 north to State Highway 12 and northwest to reintersection with State Highway 12-29;

46.

Larkmead Lane from State Highway 29 northeast to Silverado Trail;

47.

Las Amigas Road from Cuttings Wharf Road westerly to Duhig Road;

48.

Linda Vista Avenue from vicinity of city of Napa northwesterly to Dry Creek Road;

49.

Lodi Lane from State Highway 29 northeast to Silverado Trail;

50.

Lynch Road from State Highway 12 east and south to reintersection with State Highway 12;

51.

Melvin Road from Wilson Way north to Cassayre Drive;

52.

Miller Court from Trancas Street easterly to end;

53.

Milton Road from Las Amigas Road southeast to Southern Pacific Railroad;

54.

Mt. Veeder Road from Redwood Road northwest to Dry Creek Road;

55.

Myrtledale Road from Calistoga city limits northwest to Tubbs Lane;

56.

North Avenue from First Avenue east to Third Avenue;

57.

Oak Knoll Avenue from State Highway 29 east to Silverado Trail;

58.

Oakville Crossroad from State Highway 29 east to Silverado Trail;

59.

Oakville Grade from State Highway 29 southwest to Dry Creek Road;

60.

Orchard Avenue from vicinity of city of Napa west to Dry Creek Road;

61.

Partrick Road from Napa city limits northwest to end;

62.

Penny Lane from Imola Avenue East north to end;

63.

Petrified Forest Road from Calistoga city limits west to Sonoma County line;

64.

Poco Way from State Highway 29 to Melvin Road;

65.

Pope Canyon Road from Chiles and Pope Valley Road northeast to Berryessa-Knoxville Road;

66.

Pope Valley Crossroad from Chiles and Pope Valley Road northeast to Pope Canyon Road;

67.

Redwood Road from Dry Creek Road westerly to end;

68.

Rio Del Mar from State Highway 29 southwest to end;

69.

Rio Grande, end to end;

70.

Salvador Avenue from vicinity of city of Napa east to Big Ranch Road;

71.

Sanitarium Road from Deer Park Road north to rejoin Deer Park Road;

72.

Second Avenue from Coombsville Road north to end;

73.

Shetler Avenue in the vicinity of the city of Napa;

74.

Shurtleff Avenue in the vicinity of the city of Napa;

75.

Sky Oaks Drive from College Avenue to White Cottage Road;

76.

Soda Canyon Road from Silverado Trail north to end;

77.

Solano Avenue from city limits of Napa north to city limits of Yountville;

78.

Spring Mountain Road from St. Helena city limits west to Sonoma County line;

79.

Steele Canyon Road from State Highway 128 east and north to end;

80.

Sulphur Springs Avenue from St. Helena city limits west to Lewelling Road;

81.

Terrace Drive in the vicinity of the city of Napa;

82.

Theresa Avenue from Los Altos north to Napa Junction Road;

83.

Third Avenue from Coombsville Road northeast to Hagen Road;

84.

Thompson Avenue from Congress Valley Road north to Napa city limits;

85.

Vichy Avenue from Hagen Road northwest to State Highway 121;

86.

Washburn Avenue from Diogenes Drive to Sky Oaks Drive;

87.

Washington Street State Highway 29 south to Yountville city limits and south to Dry Creek;

88.

West Caroline Drive from Rio Del Mar westerly to end;

89.

West Pueblo Avenue in the vicinity of the city of Napa;

90.

West Zinfandel Lane, from State Highway 29 west to end;

91.

White Cottage Road from intersection of Deer Park Road and Howell Mountain Road north to rejoin Howell Mountain Road;

92.

Wild Horse Valley Road from Coombsville Road east to Shady Brook Lane;

93.

Wilson Way from James Road east to Melvin Road;

94.

Wooden Valley Road from State Highway 121 southeast to Solano County line;

95.

Wine County Way in the vicinity of the city of Napa;

96.

Wooden Valley Cross Road from Wooden Valley Road to Gordon Valley Road;

97.

Wragg Canyon Road from State Highway 128 north to Lake Berryessa take line;

98.

Wyatt Avenue from Shurtleff Avenue northwest to Terrace Drive;

99.

Yount Mill Road from State Highway 29 southeast to Yountville city limits;

100.

Yountville Cross Road from Yountville city limits northeasterly to Silverado Trail.

(Ord. 982 § 10, 1991: Ord. 511 § 1 (part), 1976: prior code § 12506)

The road setback for each public road not listed in Sections 18.112.040 through 18.112.080 shall be equal to twenty-eight feet except for those roads located within the following subdivisions: Lake Berryessa Estates, Deer Park Estates, Berryessa Park, Spanish Flat Woodlands, Pueblo Park—all units, Pueblo de Salvador, and Zinfandel Subdivision. The road setbacks for roads within those subdivisions shall be equal to one-half of the existing right-of-way.

(Ord. 1268 § 9, 2005: Ord. 1144 § 5, 1998: Ord. 982 § 12 (part), 1991: Ord. 867 § 3, 1988: Ord. 511 § 1 (part), 1976: prior code § 12508)

The road setback for any private road, other than a driveway serving only the parcel on which the driveway is entirely located, shall be equal to twenty-eight feet.

(Ord. 982 § 12 (part), 1991: Ord. 867 § 4, 1988: Ord. 511 § 1 (part), 1976: prior code § 12509)

The road setbacks otherwise prescribed by this chapter shall be subject to the following exceptions and modifications:

A.

Slope Easement. On any roads where the county has obtained a slope easement adjacent to a road, the road setback otherwise required by this chapter shall be modified to the extent necessary to ensure that the setback extends at least ten feet beyond the slope easement line if that is a greater distance from the centerline than the otherwise required setback.

B.

State Route 29 through Oakville and Rutherford.

1.

Within the community of Oakville, the road setback shall be forty feet from the centerline of existing pavement for a distance of one thousand feet north and one thousand feet south, measured from a point located in the center of the intersection of the existing paved roadway of State Route 29 and the county road known as Oakville Crossroad.

2.

In the vicinity of the community of Rutherford, the road setback shall be forty feet from the centerline of existing pavement for a distance of one thousand feet north and one thousand feet south, measured from a point located in the center of the intersection of the existing paved roadway of State Route 29 and State Route 128.

C.

State Route 128. In the vicinity of the community of Rutherford the road setback shall be thirty feet from the centerline of existing pavement for a distance of five hundred feet measured easterly from a point located in the center of the intersection of the existing paved roadway of State Route 128 and State Route 29.

(Ord. 982 § 12 (part), 1991: Ord. 511 § 1 (part), 1976: prior code § 12510)

All parcels within the Berryessa Highlands Subdivision, Units I & II, and Lake Berryessa Estates Unit II shall be exempt from the requirements of this chapter.

(Ord. 1268 § 10, 2005: Ord. 1212 § 2, 2002)

Prior to issuance of a building permit, the public works and planning departments shall review the application in light of the road setback requirements set forth in this chapter. No building permit shall be cleared for issuance for a project which would not comply with the road setbacks as specified herein unless a variance, road setback exemption, or a fence permit where applicable, is first obtained.

(Ord. 1268 § 11, 2005: Ord. 982 § 12 (part), 1991: Ord. 511 § 1 (part), 1976: prior code § 12511)

(Ord. No. 1370, § 43, 3-20-2012)

Any person aggrieved by the determination of the director of public works regarding the location of the road setbacks applicable to a project for which a building permit has been requested and the refusal of the director to issue a building permit permitting construction within road setbacks may appeal in the manner provided by Chapter 2.88.

(Ord. 1201 § 8, 2002: Ord. 982 § 12 (part), 1991: Ord. 906 § 41, 1989: Ord. 867 § 5, 1988: prior code § 12512)

A.

Variances from the requirements of this chapter shall be processed in accordance with the procedures set forth in Chapter 18.128, commencing with Section 18.128.010.

B.

Any such variance shall be granted only if, in addition to the findings required to be made by the zoning administrator or commission pursuant to Section 18.128.060(A), the zoning administrator or commission also expressly finds that granting the variance will not affect in a significantly adverse manner the interests of the public in preserving the integrity of the master plan of streets and highways.

(Ord. 982 § 12 (part), 1991: Ord. 867 § 6, 1988: prior code § 12513)

Nothing in this chapter shall be construed to restrict the right of any person seeking declaratory relief, or any other legal or equitable relief applicable to his particular case. This chapter shall not be construed to deprive an owner of land of any property right without compensation.

(Ord. 867 § 7, 1988: prior code § 12514)

A.

Any person, firm or corporation who shall erect, locate or install, or who shall cause to be erected, located or installed any building, structure, excavation, well or subsurface structure contrary to the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment.

B.

Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provisions of this chapter is permitted or continued by such person, firm or corporation and shall be punishable therefor as provided in this chapter; provided, that any building, structure, well, excavation or subsurface structure existing on the effective date of November 5, 1971, shall not be deemed to be violation of this chapter.

C.

Any building set up, erected, built, moved or maintained and/or any use of property contrary to the provisions of this chapter shall be and the same is declared to be unlawful and a public nuisance, and the county may immediately commence action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such building or use and restrain and enjoin any persons, firm or corporation from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this chapter.

(Ord. 867 § 8, 1988: prior code § 12515)