In order to streamline review of certain types of land use permits, encourage expedited review and improve the use of county planning staff resources, the board has determined that it is in the best interests of the public health, safety and welfare to create an administrative, ministerial permit process for the review of certain types of applications that generally involve little or no controversy and do not involve the exercise of discretion, personal judgment or wisdom or significant environmental impacts. The administrative permits provided for herein are intended to provide adequate standards to ensure that the uses specified herein do not have a detrimental effect on their surroundings or adjacent uses.

(Ord. 1206 § 1 (part), 2002)

For purposes of this chapter, the following words and phrases are defined and shall be construed as hereafter set out, unless the context requires otherwise.

"Code" means the Napa County Code.

"Construction trailer" means any mobilehome used for the temporary housing or shelter of persons or chattels located upon land where the occupant is engaged in the construction of any building or works, for which any permits or approvals required by law have been issued.

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

"Director" means the director of the Napa County planning, building and environmental services department and/or the director's authorized designee.

"Farm labor trailer" means any mobilehome or mobilehomes used for temporary housing or shelter of persons on a seasonal basis which is located either (a) on the premises of a farm where such persons are bona fide employees of such farm, or (b) in a permitted farmworker center.

"Medical or caregiver trailer" means a mobilehome used for temporary housing or shelter of persons whose primary function is to provide medical aid or perform caregiver functions to a person requiring those services who resides in a legal residence on the parcel.

"Office trailer" means a temporary trailer located on the same site that may be used to continue operations of a legal business while the previously approved structure undergoes repair or remodeling.

"Permit" means an administrative permit issued pursuant to this chapter.

"Watchman trailer" means a mobilehome used for temporary housing or shelter of a person in connection with and adjacent to any business establishment for the purpose of preventing vandalism, burglary or unauthorized entrance upon the premises of such business.

(Ord. 1206 § 1 (part), 2002)

(Ord. No. 1323, § 30, 6-23-2009; Ord. No. 1379, § 173, 1-29-2013)

Subject to the provisions of this chapter, an administrative permit may be issued by the director, or zoning administrator as provided by subsection (A) of Section 18.10.020, for any of the following:

A.

A temporary event;

B.

A home occupation;

C.

An entry structure;

D.

Directional, identification, temporary off-site and/or agricultural signs, and comprehensive sign plans;

E.

A temporary trailer;

F.

Administrative modifications to winery use permits as described in Section 18.126.065;

G.

Hot air balloon launching sites involving fifty or fewer days of launches or attempted launches at the same site per year. For purposes of this chapter, anytime the permittee stages or sets up balloon equipment in anticipation of a launch at the same site, the site shall be deemed used and it shall count towards the maximum fifty launching days allowed per year regardless of whether an actual launch occurs;

H.

(Reserved);

I.

Small wind energy systems pursuant to the requirements of Chapter 18.117 of this Code; and/or

J.

Cottage food operation.

(Ord. 1276 § 3, 2006: Ord. 1206 § 1 (part), 2002)

(Ord. No. 1349, § 2, 10-26-2010, eff. 12-26-10; Ord. No. 1351, § 2, 11-23-2010, eff. 12-31-2010; Ord. No. 1370, § 50, 3-20-2012; Ord. No. 1380, § 4, 2-26-2013, eff. 3-28-2013; Ord. No. 1381, § 3, 3-12-2013, eff. 4-11-2013; Ord. No. 1455, § 4, 2-4-2020)

Application for an administrative permit shall be made to the department in writing on a form prescribed by the department. The application shall state the grounds for the application, the facts relied upon by the applicant and shall be accompanied by the plans, elevations, graphic depictions and other appropriate information, as necessary to show details of the proposed use. The application shall also demonstrate that the proposed use complies with the standards required for issuance of the permit.

(Ord. 1206 § 1 (part), 2002)

An application for an administrative permit shall be accompanied by a fee in the amount established by resolution of the board of supervisors.

(Ord. 1206 § 1 (part), 2002)

Issuance of an administrative permit is subject to the following standards:

A.

An administrative permit for a temporary event shall not be issued unless the application complies with Chapter 5.36 and the standards set forth in the Temporary Events Manual.

B.

An administrative permit for a home occupation shall not be issued unless the application complies with the standards contained in Section 18.104.090.

C.

An administrative permit for certain entry structures and fences shall not be issued unless the application complies with the standards contained in Section 18.104.270 or Section 18.104.275.

D.

An administrative permit for a directional sign shall not be issued unless the application complies with the standards contained in subsections (A) and (B) of Section 18.116.030.

E.

An administrative permit for an identification sign shall not be issued unless the application complies with the standards contained in Section 18.116.035.

F.

An administrative permit for a comprehensive sign plan shall not be issued unless the application complies with the standards contained in Section 18.116.035.

G.

An administrative permit for an agricultural sign shall not be issued unless the application complies with the standards contained in subsection (C) of Section 18.116.030.

H.

An administrative permit for a temporary off-site sign shall not be issued unless the application complies with the standards contained in subsection (G) of Section 18.116.030.

I.

An administrative permit for a construction trailer shall not be issued unless the application complies with the following standards:

1.

A building permit for a residential use has been issued for the property upon which the trailer will be located;

2.

The trailer is for use by the owner/builder;

3.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

4.

The trailer meets applicable county setback requirements.

J.

An administrative permit for a medical or caregiver trailer shall not be issued unless the application complies with the following standards:

1.

The property owner or occupant of the property has provided written documentation from a licensed physician indicating the property owner's or occupant's need for twenty-four-hour, in-home medical care;

2.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

3.

The trailer meets applicable county setback requirements.

K.

An administrative permit for an office trailer shall not be issued unless the application complies with the following standards:

1.

A use permit has been granted for the property upon which the trailer will be located and a building permit for the office is either in process for issuance or has been issued;

2.

The trailer will be used during the daytime for business purposes only and no overnight lodging will occur;

3.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

4.

The trailer meets applicable county setback requirements.

L.

An administrative permit for a watchman trailer shall not be issued unless the application complies with the following standards:

1.

A use permit has been granted and a building permit (if required) is either in process for issuance or has been issued for the property upon which the trailer will be located;

2.

There is a need for security on-site because the property is located in an isolated area or there is a risk of theft, vandalism, burglary, or unauthorized entry upon the property;

3.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

4.

The trailer meets applicable county setback requirements.

M.

Except as provided in Section 18.104.295, a permit for a farm labor trailer shall not be issued unless the application complies with the following standards:

1.

A use permit has been granted for the property upon which the trailer will be located;

2.

A building permit for a permanent structure is either in process for issuance or has been issued;

3.

There is a demonstrated need for a temporary trailer to be onsite prior to completion of construction of the permanent structure;

4.

The trailer meets applicable county department of environmental management requirements for sewer and water; and

5.

The trailer meets applicable county setback requirements.

N.

An extension of time for an administrative permit for any temporary trailer shall not be issued unless the director determines that the original findings identified in Section 18.126.060 have not changed.

O.

A permit for hot air balloon launchings shall not be issued unless the application complies with the following standards:

1.

The proposed launch site is located more than five hundred feet from any off-site residence or if the launch site is proposed within five hundred feet of any off-site residence, the permittee has submitted written consent to the planning department from the property owners or residents of any off-site residences within five hundred feet stating that they have no objection to the proposed launch site;

2.

The permittee has submitted a signed statement which acknowledges that the permittee: (a) has read the county's adopted code of conduct; (b) agrees that all users of the launch site will be bound by the county's adopted code of conduct; and (c) certifies that all activities within the last year at any other sites operated by the permittee have complied with the county's adopted code of conduct;

3.

The permittee has provided written authorization from either the property owner where the launch site is proposed or the property owner's authorized agent together with a statement from the property owner or the property owner's authorized agent confirming that balloon launchings will not interfere or conflict with any existing or planned agricultural uses on the property;

4.

The site is proposed for use only between the hours of five-thirty a.m. and nine-thirty a.m.;

5.

The permittee has provided the planning department with a certificate of insurance naming the county and the property owner as additional insureds on the personal injury/property damage insurance in an amount acceptable to the county's risk manager which is consistent with the county's corporation yard license requirements currently existing or as amended;

6.

The permittee has provided a list of intended landing areas that are both reasonable given the launch location and prevailing winds and permitted or allowed;

7.

The permittee and each balloon operator utilizing the permittee's launch site agree to conduct their operations so as to remain in good standing with the county. For purposes of this section, "in good standing with the county" means that within the last twelve-month period, the county has not received more than three verified complaints or a number of verified complaints equivalent to three percent of the total number of launches, whichever is greater. All complaints must be: (a) submitted on a form provided by the planning department for verification; and (b) submitted by a property owner or resident who has certified that the permittee or a balloon operator using the launch site has landed on the property owner's or resident's property without permission; and

8.

Notice of the tentative approval of a hot air balloon launching site pursuant to this chapter shall be given by the director of planning in accordance with subsection (B)(4) of Section 18.136.040. All notices under this section shall inform the persons notified of their right to appeal the decision under Section 18.126.060, including the time within which any such appeal must be filed.

P.

An administrative permit for agriculture association signs and American viticulture area signs shall not be issued unless the application complies with the standards contained in subsection (F) of Section 18.116.030.

Q.

(Reserved.)

R.

An administrative permit for off-site sign(s) identifying a hospital with emergency room facilities shall not be issued unless the application and proposed signage complies with the standards contained in subsection (H) of Section 18.116.030.

S.

An administrative permit for a cottage food operation shall not be issued unless the application complies with all of the standards contained in Section 18.104.095.

(Ord. 1308 § 3, 2008: Ord. 1276 § 4, 2006: Ord. 1272 § 3, 2006: Ord. 1206 § 1 (part), 2002)

(Ord. No. 1360, § 3, 6-28-2011, eff. 7-28-2011; Ord. No. 1349, § 3, 10-26-2010, eff. 12-26-2010; Ord. No. 1323, § 31, 6-23-2009; Ord. No. 1370, § 51, 3-20-2012; Ord. No. 1380, § 5, 2-26-2013, eff. 3-28-2013; Ord. No. 1381, § 4, 3-12-2013, eff. 4-11-2013)

A winery operating under a use permit, or other entitlement consistent with this Title, may make the following additions, modifications, or changes to winery structures or operations through issuance of an administrative permit under this chapter, provided: (1) the additions, modifications, or changes are not otherwise subject to a discretionary permit under this Title; (2) the landowner complies with all other requirements of the County Code; (3) the landowner obtains any and all permits required by state law or the County Code, including without limitation, any building permits, environmental health permits, or storm water discharge permits; (4) the property is not located on a site that is included on any list of hazardous waste sites compiled pursuant to Government Code Section 65962.5; and (5) the proposed additions, modifications, or changes are not located within environmentally sensitive areas:

A.

Any interior remodel or changes to structures, provided the accessory-to-production ratio remains consistent with the requirements of Section 18.104.200 of this code;

B.

Additions of outdoor shade structures over areas previously approved for winery use not exceeding a cumulative total of 2,500 square feet in floor area, provided the accessory-to-production ratio remains consistent with the requirements of 18.104.200 of this code;

C.

Additions of charging stations for electric vehicles;

D.

Additions of systems to process, distribute, and/or store recycled water;

E.

Additions of enclosures for trash receptacles;

F.

Additions of covers over previously approved crush pads;

G.

Changes or additions to plumbing, diverters, drains or other mechanisms for storm water control, consistent with Chapter 16.28 of this code;

H.

Changes to or additions of permanent tanks within previously approved winery development areas, provided no increase in production is allowed;

I.

Additions of bicycle facilities, including but not limited to bicycle racks;

J.

Use of a temporary trailer during construction occurring on the property, consistent with the requirements of section 18.126.060(K);

K.

Change in the occupancy of a winery cave, permitted pursuant to Chapter 15.12 of the County Code and the California Building Code, provided the cave use remains consistent with the requirements of Section 18.104.200 and the change does not include an increase in visitation or marketing;

L.

Installation of water system improvements or connection to municipal water service, consistent with any required approval by any local water agency and/or the Local Agency Formation Commission, and provided there is no increase in water use or groundwater demand;

M.

Installation of waste water improvements or changes from off-site disposal to on-site treatment or disposal, subject to the requirements of Title 13 of this code and any applicable state laws or regulations, provided there is no increase in waste water generation or treatment capacity;

N.

A change to hours of operation between the hours of 9:00 a.m. and 6:00 p.m.;

O.

Removal of existing conditions of approval regarding custom crush facilities;

P.

An extension of use permit expiration time, subject to the limitations set forth in section 18.124.080;

Q.

Designation of the location of on-site wine consumption, consistent with Section 23358 of the Business and Professions Code, within the existing winery development area, provided the location is not within five hundred feet from the nearest off-site residence and there is no increase in visitation or marketing;

R.

Change in the number of parking spaces or the alignment of internal roads and driveways, provided there is no cumulative increase in paved or impervious ground surface area beyond twenty-five percent of the subject parcel or fifteen acres, whichever is less;

S.

Additions of landscaping or modifications to existing landscaping, consistent with Chapter 18.118 of this code, provided there is no increase in groundwater use;

T.

Expansions or improvements to permitted food service facilities, or additions of low- or medium-risk kitchens where food service (i.e., catering) has been previously approved, provided there is no increase in visitation or marketing; and

U.

Increases or changes in building square footage by no more than ten percent, not to exceed 2,500 square feet.

(Ord. No. 1455, § 5, 2-4-2020)

A.

A permit for a construction trailer, farm labor trailer, medical or caregiver trailer, office trailer or watchman trailer shall be valid for one year from the date of issuance. Upon expiration of the permit, the trailer shall be immediately removed from the property. A permittee with a valid permit for a temporary trailer may, at least thirty days prior to expiration of the permit, apply for a one-year extension of said permit in the same manner and according to the same procedures as herein provided for issuance of the original permit. An application for renewal shall be accompanied by a fee in the amount established by resolution of the board of supervisors.

B.

Except as provided in subsection (A) or (C) of this section, all other administrative permits issued pursuant to this chapter shall be valid for an indefinite period of time unless otherwise indicated.

C.

A permit for a hot air balloon launching site shall be valid from the date of issuance until the permit is revoked. A permit may be revoked or suspended by the zoning administrator upon ten days prior notice to the permittee of a hearing before the zoning administrator for a violation of any of the standards contained in subsection (O) of Section 18.126.060 or if the continued use of the property for hot air balloon launchings will be injurious to the public health, safety or welfare and/or if the permittee or a balloon operator using the permittee's site is no longer in good standing with the county as defined in subsection (G) of Section 18.104.400.

(Ord. 1304 § 2, 2008: Ord. 1276 § 5, 2006: Ord. 1206 § 1 (part), 2002)