A use permit may be granted by the commission subject to the provisions of this chapter, provided however, that if the board of supervisors is the decision maker on any companion action which is necessary to approve the use permit, the commission shall make an advisory recommendation to the board to approve or disapprove the entire action, and the board shall thereafter make the final decision on the entire action, including any determination to be made under the California Environment Quality Act (CEQA), in accordance with this chapter.

(Ord. 1192 § 1, 2002: Ord. 511 § 1 (part), 1976: prior code § 12800)

Application for a use permit shall be made to the commission in writing on a form prescribed by the director and shall be accompanied by plans, elevations and other appropriate information, graphic depictions, necessary to show details of the proposed use.

(Ord. 511 § 1 (part), 1976: prior code § 12801)

(Ord. No. 1370, § 47, 3-20-2012)

An application for a use permit shall be accompanied by that fee established by resolution of the board of supervisors.

(Ord. 906 § 43, 1989: Ord. 837 § 49, 1987: Ord. 511 § 1 (part), 1976: prior code § 12802)

If the commission is required to make an advisory recommendation to the board pursuant to section 18.124.010, it shall hold a public hearing in the manner set forth in section 18.124.040, and recommend approval or disapproval and suggested conditions of issuance as set forth in section 18.124.060.

(Ord. 1192 § 2, 2002)

A.

The public officer or body authorized to consider applications for use permits shall issue or refuse to issue use permits only after holding a duly noticed public hearing.

B.

Notice of the hearing shall be given in accordance with Section 18.136.040.

C.

The applicant may:

1.

Appear in person or employ; and

2.

Be represented by counsel; and

3.

Have the right to inspect and obtain copies of all documents to be considered at the hearing.

D.

All witnesses presenting testimony at the hearing shall be sworn. Witnesses shall be subject to direct and cross-examination. However, formal rules of evidence applicable to the trial of civil proceedings in the trial courts of California shall not be applicable to the hearing but relevant evidence may be admitted and given probative effect only if it is the kind of evidence which reasonable persons are accustomed to rely upon in the conduct of serious affairs. The burden of establishing that a use permit should be granted shall be borne by the applicant.

E.

The hearing may be continued from time to time at the discretion of the approving officer or body.

F.

The approving officer or body shall, upon the conclusion of the hearing, adopt a decision which includes findings of fact supporting the decision. The recommended decision shall be filed with the department and a copy mailed to the applicant within three working days of the date the decision is announced.

G.

The sole means of reviewing the decision of the approving officer or body is by filing an appeal in the manner set forth in Title 2 (commencing with Section 2.88.020), except that no appeal shall be made from a decision of the board of supervisors.

(Ord. 1192 § 3, 2002; Ord. 826 § 2, 1986: Ord. 511 § 1 (part), 1976: prior code § 12803)

If a use permit is granted the director shall, within thirty calendar days of such approval, notify the Napa County assessor of the approval.

(Ord. 867 § 21 (part), 1988: prior code § 12803.5)

The commission or board may issue a permit subject to conditions specifically set forth in the permit when the commission or board makes the findings prescribed in Section 18.124.070. Such conditions may include, without limitation, conditions governing the following matters:

A.

Ingress and egress to the property and proposed structures thereon with particular reference to automobile and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;

B.

Off-street parking and loading arrangements to facilitate the concerns set forth in subsection (A) of this section;

C.

Mitigation of adverse environmental effects if any, such as, adverse effects on groundwater resources, noise, glare, dust, smoke, odor or other effects of the proposed use in relation to adjoining property and property generally in the vicinity;

D.

Refuse and service areas;

E.

Utilities, and their locations and availability;

F.

Screening, buffering and landscaping;

G.

Signs, if any;

H.

Exterior and interior lighting, particularly with reference to glare, traffic safety and compatibility with nearby properties and uses;

I.

Yards;

J.

(Reserved);

K.

The time period for which the permit shall be valid.

(Ord. 1230 § 5, 2003: Ord. 1192 § 4, 2002: Ord. 1162 § 7(b), 1999: Ord. 511 § 1 (part), 1976: prior code § 12804)

Before issuing a use permit, the commission or board shall make the following written findings:

A.

That the commission or board has the power to issue a use permit under the zoning regulations in effect as applied to the property;

B.

That the procedural requirements set forth in this chapter have been met;

C.

That grant of the use permit, as conditioned, will not adversely affect the public health, safety or welfare of the county;

D.

That the proposed use complies with the applicable provisions of this code and is consistent with the policies and standards of the general plan and any applicable specific plan;

E.

That, in the case of groundwater basins identified as "groundwater deficient areas" under Section 13.15.010, the proposed use would not require a new water system or improvement, or utilize an existing water system or improvement causing significant adverse effects, either individually or cumulatively, on said groundwater basins in Napa County, unless that use would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code;

F.

That, in the case of other groundwater basins, or areas which do not overlay an identified groundwater basin, substantial evidence has not been presented which demonstrates that the new water system or improvement might cause a significant adverse affect on any underlying groundwater basin, unless that use would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code;

G.

In the case of a development or improvement with a reasonably foreseeable connection to a public water supply as defined in Section 13.15.010, regardless of the number of parcels served, that the proposed use would not require a new water system or utilize an existing water system necessitating a groundwater permit pursuant to Chapter 13.15. This finding shall not be required if the applicant presents substantial evidence demonstrating that the use of groundwater for such development or improvement would not have a significant adverse effect on the underlying groundwater basin; or if that use would satisfy any of the other criteria specified for approval or waiver of a groundwater permit under Section 13.15.070 or 13.15.080 of this code.

(Ord. 1230 § 6, 2003: Ord. 1202 § 6, 2002: Ord. 1192 § 5, 2002: Ord. 1162 § 7(c), 1999: Ord. 853 § 8, 1987: Ord. 511 § 1 (part), 1976: prior code § 12805)

A.

Subject to Sections 18.124.090 and 18.124.091 of this chapter, unless one or more of the following conditions occur, a use permit shall, without further action by any county officer or body, expire and become void two years after the date the approving officer or body orders the use permit issued or, if an appeal is taken to the board of supervisors, two years after the date the decision of the board on appeal becomes final; provided, however, that if a shorter or longer time period is included in the conditions of approval of the use permit, that time period shall control (for purposes of this chapter this date shall hereafter be referred to as the "use permit expiration date"):

1.

Substantial evidence exists that the use permit has been used. Substantial evidence of use may be demonstrated by any of the following:

a.

Securing a building permit, wastewater or sewage disposal permit, or other construction permit for the project and having commenced construction pursuant to such permit prior to the use permit expiration date; provided, however, that if the total development envisioned by the use permit requires the construction of one or more foundations or the construction of a wastewater or sewage disposal system, bridge, cave or similar improvement, the holder of the use permit shall be deemed to have commenced construction only by having constructed, pursuant to a lawful permit, the entire foundation for one of those improvements, or having constructed the wastewater or sewage disposal system, prior to the use permit expiration date.

b.

In the case of projects requiring regional, state or federal approvals subsequent to the issuance of the use permit before construction may commence, by a showing that sufficient funds have been expended (or liabilities incurred) in the process of securing those approvals in an amount that is equivalent to the cost of constructing any foundation, wastewater or sewage disposal system, bridge, or similar improvement required by the use permit.

c.

By showing that, subsequent to the issuance of the use permit and prior to the use permit expiration date, sufficient funds have been expended (or liabilities incurred) in preparing the site for construction that is equivalent to the cost of constructing any foundation, wastewater or sewage disposal system, bridge, cave or similar improvement required by the use permit.

For purposes of this subsection, grading or expenses directly related to grading activities shall not be considered as evidence that the use permit has been used, the commencement of construction or the preparation of a site for construction.

d.

In cases where a building permit, wastewater or sewage permit, or any other construction permit other than a grading permit is not required, the permit is used by actually commencing the activity authorized by the use permit, after compliance with all use permit conditions, prior to the use permit expiration date.

2.

The commission grants an extension of time consistent with the requirements of subsection (A) of Section 18.124.130.

3.

The director grants an extension of time consistent with the requirements of subsection (P) of Section 18.126.065.

4.

An extension of time was granted by the director through the very minor modification process pursuant to subsection (C) of Section 18.124.130 between April 1, 2009 and December 1, 2011.

B.

If a use permit is granted in which some of the development activities permitted require the issuance of a building permit, wastewater or sewage permit, or other construction permit other than a grading permit, and some require only administrative approval, the portions of the use permit requiring the issuance of a building permit, wastewater or sewage permit, or other construction permit shall not be deemed to have been used, and are subject to the automatic expiration provisions of this section, unless compliance with subsection (A)(1)(d) of this section has occurred prior to the expiration date.

(Ord. 1268 § 13, 2005: Ord. 1233 § 12, 2004: Ord. 1206 § 34, 2002: Ord. 992 § 1, 1991; Ord. 945 § 5, 1990; Ord. 916 § 6, 1989: Ord. 882 § 2, 1988: Ord. 826 § 3, 1986: Ord. 531 § 6, 1977: Ord. 511 § 1 (part), 1976: prior code § 12806)

(Ord. No. 1370, § 48, 3-20-2012; Ord. No. 1455, § 2, 2-4-2020)

A.

If, subsequent to the issuance of a use permit, a lawsuit is filed which seeks to enjoin the use of the use permit or the issuance by any governmental agency of any building permit, wastewater permit or sewage permit, or other construction permit required in connection with any of the activities or construction authorized by the use permit, the period of time during which the use permit must be "used," as set forth in Section 18.124.080, shall be tolled during the pendency of the lawsuit, including appeals, as long as the petitioner or plaintiff in the lawsuit is not the holder of the use permit.

B.

The period of time during which the use permit must be "used" as set forth in Section 18.124.080 shall be tolled for the duration of any moratorium adopted by any local agency, including the county, which prevents the holder of a use permit from "using" the use permit as defined in Section 18.124.080.

C.

If, prior to commencing the activity authorized by a use permit, it is necessary to secure federal and/or state permits for the operation of any portion thereof, and one or more of such applications are filed not less than ninety days prior to initial expiration of the use permit established by subsection (A) of Section 18.124.080 of this chapter, the life of the use permit shall be tolled for a period of time equal to the number of days that elapse between the date the federal or state application is filed and the date the permit is issued, or one year, whichever is less. Only one federal or state permit may be utilized to determine this period of time; provided, however, that the state or federal permit utilized shall be selected by the holder of the use permit.

D.

If a condition of a use permit contains language that requires the condition to be performed by a specified date or time, that date or time shall be extended for a period of time equal to (1) the duration of any lawsuit, including appeals, whether or not an injunction has been issued preventing the holder of the use permit from complying with said condition; or (2) the duration of any moratorium adopted by any local agency, including the county, if the moratorium prevents the holder of a use permit from complying with said condition, providing a request to modify the use permit by extending the time is filed in the manner required by Section 18.124.130 not less than ninety days prior to the date or time compliance with the condition would otherwise be required, and further providing that the request is subsequently approved by the director. The director shall, within thirty days of receipt, either grant the request or notify the applicant that the request has been denied. The director shall deny the permit only for the reasons set forth in Section 18.124.130(B) or if a delay in meeting the condition will be detrimental to the public health and safety. Any such determination by the director may be appealed to the board of supervisors.

(Ord. 1012 § 1, 1992; Ord. 992 § 2, 1991: Ord. 712 § 2, 1982: prior code § 12806.5)

A.

If prior to, or subsequent to, the issuance of any use permit, a lawsuit is filed contesting the validity of any general plan, specific plan or zoning regulation, or the environmental determinations relating to the adoption of said general plan, specific plan or zoning regulation, that was relied upon in the use permit approval process, the period of time during which the use permit must be "used" as set forth in Section 18.124.080, shall be tolled during the pendency of such lawsuit, including appeals, as long as the petitioner or plaintiff in the lawsuit is not the holder of the use permit.

B.

If a use permit that is subject to the tolling provisions of subsection (A) contains language requiring a condition to be performed by a specified date or time, the date or time shall automatically be extended for the lesser of twelve months or the number of months that the period of time during which the use permit must be "used" is tolled. This date or time may be further extended providing a written request to modify the use permit by extending said date or time is filed not less than ninety days prior to the date or time compliance with the condition would otherwise be required, and further providing that the request is subsequently approved by the director. Any such request, if timely filed, shall be processed as a minor modification pursuant to Section 18.124.130. The director shall, within thirty days of receipt, either grant or deny the request. The director shall approve the request unless the director finds that a further delay in meeting the condition would be detrimental to the public health and safety. Any such determination by the director may be appealed to the board of supervisors.

(Ord. 1183 § 1, 2001)

A.

The commission, if it deems it appropriate or upon the request of the board, shall hold a public hearing for the purpose of considering the revocation, suspension, or modification of any previously approved use permit. Notice of a revocation, suspension or modification hearing shall be given in accordance with Section 18.136.040 except that the permittee shall be served in the manner provided by Sections 415.10 through 415.30, inclusive, of the Code of Civil Procedure if the permittee is in the state or, if the permittee is outside this state, in the manner provided in Section 415.40 of the Code of Civil Procedure. The notice shall identify the time, date and place of the hearing, the reasons for the hearing, and generally describe the factual basis upon which it has been determined that the use permit was obtained by fraud or misrepresentation or one or more conditions of the use permit alleged to have been violated.

B.

The public hearing shall be conducted in the manner set forth in Section 18.124.040.

C.

After closing the public hearing, the commission may revoke or suspend a use permit or modify the conditions thereof, if it makes one or more of the following findings:

1.

Approval of the use permit was obtained by fraud or misrepresentations; or

2.

A person making use of the use permit is violating or has violated any conditions thereof;

3.

The use for which the use permit was granted is being, or has been, exercised contrary to the terms or conditions of such approval;

4.

The use for which the approval was granted is so exercised as to be detrimental to the public health, safety, or general welfare;

5.

The use for which the approval was granted is being exercised in such a manner as to constitute a nuisance; or

6.

The use for which approval was granted has ceased for a period of five years or more.

D.

Copies of the decision adopted by the commission shall be mailed to the permittee by certified mail within three working days of the date the decision is announced.

E.

The decision of the commission action shall be final and conclusive unless an appeal is filed in the manner set forth in Chapter 2.88. Filing such an appeal shall be the sole means of reviewing the decision of the commission.

F.

Following the revocation or denial of a use permit, no application for a use permit for the same or substantially the same use and design or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.

(Ord. 1281 § 1, 2006: Ord. 1227 § 6, 2003: Ord. 1201 § 10, 2002; Ord. 826 § 5, 1986: prior code § 12808)

A.

Except as otherwise provided in subsections (B), (C) and (D) of this section, modifications to an approved use permit shall be processed in the same manner and in compliance with the procedures set forth herein for use permits and appeals, including notice and the payment of applicable permit application fees.

B.

Upon receipt of a written request from the holder of a use permit, other than a winery use permit which shall be processed as set forth in subsection (C) below, or, for micro-winery use permit modifications as in (F) below, the zoning administrator may approve minor non-controversial modifications to approved use permits after giving notice of intent to approve or deny, but without a public hearing in regard to project design or permit conditions which do not affect the overall concept, density, intensity or environmental impact of, or substantially alter or delete any environmental mitigation measure for the project. Consistent with the foregoing, the zoning administrator may approve changes in location and/or size of approved structures or portions thereof, provided that, the zoning administrator shall not consider or approve a minor modification if the result of the approval of the requested minor modification would result in any structure or the aggregate of all approved structures being increased more than 25 percent in size or one story in height based on the size allowed under the approved use permit. Equipment enclosures whose permanent installation outdoors was approved by use permit are not subject to this size limitation.

1.

Notice of intent to approve or deny, for purposes of this subsection, shall include a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the subject real property, and a statement that the zoning administrator intends to approve or deny the requested modification on a certain date not less than ten calendar days after the date of mailing of the notice unless a member of the public requests a public hearing prior to that date.

2.

Notice of intent, for purposes of this subsection, shall be mailed or delivered as follows:

a.

To the owner of the subject real property or the owner's duly authorized agent and to the project applicant if the project applicant is neither the owner of the property nor the owner's duly authorized agent; and

b.

To all owners of real property, including businesses, corporations or other public or private entities, as shown on the latest equalized assessment roll within 1,000 feet of the real property that is the subject of the proposed zoning change. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector which contain more recent information than the assessment roll may be used.

3.

If any member of the public requests a public hearing during the comment period, then the zoning administrator will provide public notice in accordance with Section 18.136.040 and conduct a public hearing.

C.

Upon receipt of a written request from the holder of a winery use permit, the zoning administrator may approve minor modifications to winery use permits by issuing a notice of intent to approve or deny and notice of decision in accordance with the procedures set forth in subsection (D) below, except for micro-wineries, which are addressed in subsection (F) below. There will be no public hearing for such minor modifications. Such minor modifications 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 Fire Safe Regulations, or adopted left-turn land warrants required for all projects. Modifications to winery use permits are considered minor modifications under this subsection if the change in operations consists of any of the following:

1.

Any increase in the number of full-time equivalent existing permitted employees up to a total of ten employees or by up to ten percent, whichever is greater;

2.

Any increase in (1) the number of full-time equivalent existing permitted employees, including seasonal employees, (2) tours and tastings, or (3) deliveries, such that the total number of vehicle trips for all such uses on the property does not exceed 40 ADT or 20 round trips;

3.

An increase in wine production up to a maximum of 30,000 gallons annually, or an increase of ten percent over the existing approved amount;

4.

An addition or increase in the number of marketing events, up to a total of 11 marketing events per year. Ten such events may allow attendees for each event up to a total that does not exceed 24 ADT (12 daily trips) and one such event may allow attendees for such event up to a total that does not exceed 40 ADT (20 daily round trips). The ADT for all winery uses on days when a marketing event occurs shall not exceed 40 ADT. The approval of marketing events under this subsection may change in hours of operation during which such event may occur to include times after 6:00 pm, provided the project applicants cease all operations by 11:00 pm. ;Any change in days of operation provided there is no increase in visitation, except pursuant to this section;

5.

Any change in aggregate building footprint (including caves) by a maximum of 10,000 square feet or 25 percent of the total footprint, whichever is greater, where there is no cumulative increase in paved or impervious ground surface area beyond 25 percent of the subject parcel or 15 acres, whichever is less;

6.

Addition of a new high-risk commercial kitchen where there is an existing medium- or low-risk kitchen on the property; and/or

7.

Any additions, modifications, or changes that qualify for an administrative permit under section 18.126.065, when in connection with any other minor modifications identified above.

D.

Notice of intent to approve or deny, for purposes of subsection (C) above, shall include a general explanation of the matter to be considered, a general description, in text or by diagram, of the location of the subject real property, and a statement that the zoning administrator intends to approve or deny the requested modification on a certain date not less than ten calendar days after the date of mailing of the notice. Notice of intent, for purposes of this subsection, shall be given as follows:

1.

To the owner of the subject real property or the owner's duly authorized agent and to the project applicant if the project applicant is neither the owner of the property nor the owner's duly authorized agent;

2.

To all owners of real property, including businesses, corporations or other public or private entities, as shown on the latest equalized assessment roll within 1,000 feet of the real property that is the subject of the proposed project. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector which contain more recent information than the assessment roll may be used; and

3.

By posting the notice on the county's website for the PBES Department. A notice of decision, for purposes of subsection (C) above, shall be given in the same manner as a notice of intent, but shall include any conditions of approval imposed on the project by the zoning administrator. The date of the notice of decision shall be date of the decision for purposes of appeals pursuant to Chapter 2.88 of this code.

E.

Upon receipt of a written request from the holder of a use permit relating to a property subject to the Napa Valley Business Park Specific Plan, including winery use permits, the zoning administrator may approve any modification to approved use permits after giving notice and holding a public hearing pursuant to subsection (B), above.

F.

Upon receipt of a written request from the holder of a use permit relating to a micro-winery, the zoning administrator may approve minor modifications to micro-winery use permits in accordance with the procedures set forth in subsection (D) above. There will be no public hearing for such minor modifications. Modifications to micro-winery use permits are considered minor modifications under this subsection if the change in operations consists of any of the following:

1.

Any increase in (1) the number of full-time equivalent existing permitted employees, including seasonal employees, (2) tours and tastings, or (3) deliveries, so long as the total number of vehicle trips for all such uses on the property does not exceed 20 ADT or 10 round trips;

2.

An increase in wine production so long as the total annual production does not exceed 5,000 gallons annually;

3.

Any change in days of operation provided there is no increase in visitation, except pursuant to this section; and

4.

Any increase in aggregate building footprint (including caves) so long as the total does not exceed 5,000 square feet.

G.

Upon receipt of a written request from the holder of a use permit, other than a winery use permit, which shall be processed as set forth in subsection (C) above, the director may administratively approve very minor, non-controversial modifications to approved use permits without public notice, including the following:

1.

An extension of use permit expiration time not to exceed one year beyond the then-operative date of use permit expiration as established in conformance with this chapter, provided that the director shall not approve more than three such extensions of any one use permit or use permit modification approval; and

2.

Small (less than ten percent) changes in square footage or building footprint;

3.

Realignment of internal circulation roads;

4.

Similar items at the discretion of the director.

H.

Any modification to a use permit that exceeds the thresholds listed above in this section will be considered a major modification subject to consideration and a decision by the planning commission. A micro-winery with an approved major modification shall no longer be classified as a micro-winery.

(Ord. 1206 § 37, 2002: Ord. 1104 § 41, 1996; Ord. 1082 § 12, 1995; Ord. 1009 § 10, 1992; Ord. 981 § 54, 1991: Ord. 979 § 5, 1991: Ord. 944 § 3, 1990: Ord. 916 § 7, 1989: Ord. 826 § 6, 1986; prior code § 12809)

(Ord. No. 1370, § 49, 3-20-2012; Ord. No. 1395, § 5, 12-16-2014; Ord. No. 1455, § 3, 2-4-2020; Ord. No. 1474, § 3, 4-5-2022)