Yountville City Zoning Code
Division 3
General Development Standards
§ 17.100.010 Purpose and application.
The intent of this chapter is to establish regulations for measuring floor area to determine the floor area ratio (FAR) for development within the Town of Yountville. The intent of the FAR requirements is to limit building massing while encouraging the implementation of open space for new developments, both commercial and residential.
(Ord. 21-501 § 9)
§ 17.100.020 Calculation method.
The floor area of a development shall be calculated using the sum of the gross areas of the enclosed floors of a building or buildings measured from the centerline of the exterior wall or bottom plate or from the centerline of party walls separating such buildings. Interior portions of buildings with a minimum of 100 square feet of open area and 16 feet or more of clear open area from the floor to the ceiling shall be regarded as an assumed second floor that shall be included as floor area for the purpose of calculating FAR.
(Ord. 21-501 § 9)
§ 17.100.030 Exemptions.
The following shall not be included in floor area calculations:
A.
Garages and Carports.
1.
For single-family residential parcels in the RM District and in the H District for lots of 5,000 square feet or greater, a sliding scale exemption of up to 400 square feet for garages located on the rear half of the parcel in direct proportion to the amount of the garage located on the rear half of the parcel,
2.
For single-family residential parcels in the H District for lots less than 5,000 square feet, an exemption of up to 200 square feet,
3.
For duplex parcels in the RM and H Districts, same as subsection (A)(1) above,
4.
For multifamily parcels, a sliding scale exemption of up to 200 square feet per unit in direct proportion to the amount of the garage located on the rear half of the parcel;
B.
Uncovered areas used for off-street parking spaces or loading areas and accessways and maneuvering aisles relating thereto;
C.
Trash and recycling enclosures and screened areas used for trash, recycling, and storage;
D.
Areas which qualify as usable open space under Title 17 of the Yountville Municipal Code;
E.
Accessory dwelling units;
F.
Enclosed Auxiliary Structures. A combined exemption of up to 100 square feet is allowed for all enclosed auxiliary structures on a residential lot and located in the rear yard and screened from right-of-way view, excluding garages, carports, and accessory dwelling units;
G.
Unenclosed auxiliary structures such as swimming pools, spas, and related equipment; built-in kitchens, BBQs, fireplaces, and similar equipment; and gazebos or pergolas, or similar unoccupied structures;
H.
The following enclosed building features: interior staircases (shall be counted on one floor only), basement levels and nonhabitable attics (as defined in the California Building Code) and second-floor nonhabitable area that is open to the first floor if under 16 feet in height;
I.
Architectural features; and
J.
Architectural elements.
(Ord. 21-501 § 9)
§ 17.100.040 FAR bonuses.
A.
Incentive for Affordable Housing. The following FAR bonuses for single-family lots of 8,000 square feet or less may be approved through a Master Development Plan for five or more single-family lots in projects that provide more than the minimum number of affordable units required by Chapter 17.160; however, not more than 25% of the total number of lots in the project may be 6,500 square feet or larger. The affordability of such units shall be evenly distributed among the three affordability categories, except if a higher proportion of lower-income units are proposed.
Percentage of Affordable Units | Maximum FAR per Single-Family Lot |
|---|---|
20 | 0.275 |
21 | 0.30 |
22 | 0.325 |
23 | 0.35 |
24 | 0.375 |
25 | 0.40 |
(Ord. 21-501 § 9)
§ 17.104.010 Architectural, mechanical, and utility features.
Architectural features, vents, mechanical equipment, cooling towers, and equipment screening shall not exceed the building height limit of the applicable zoning district. Elevator equipment, stair overruns and chimneys may exceed the building height limit of the applicable zoning district by a maximum of five feet subject to design review approval, except where a greater height is authorized by the Town Council through the Master Development Plan approval, provided that no such feature or structure in excess of the height limit shall be used for habitable space or for any commercial or advertising purposes.
(Ord. 21-501 § 9)
§ 17.104.020 Rooftop uses.
Rooftop pools, decks, gardens, and similar recreational facilities may be located in the Primary Commercial, Residential-Scaled Commercial and Public Facilities Districts subject to design review and use permit approval, and subject to the following limitations:
A.
Rooftop pools, accessible decks and gardens and similar recreational facilities may be allowed atop the first or second floors of buildings in the Primary Commercial and Public Facilities Districts, with the exception of parcels in the Public Facilities District identified in Section 17.48.030 of this title, which may be allowed on the third floor. In the Residential-Scaled Commercial District such uses may only be allowed atop the first floor;
B.
No habitable space may be permitted in excess of the building height limit of the applicable zoning district;
C.
Nonhabitable structures, including but not limited to permanently affixed umbrellas, shade structures, cabanas, outdoor bars, pool slides, pool equipment enclosures and mechanical equipment, shall not exceed the building height limit of the applicable zoning district. Temporary structures, such as unaffixed umbrellas or mobile heaters, which comprise a total area no greater than 20% of the roof area may exceed the building height limit of the applicable zoning district by a maximum of eight feet subject to Design Review approval, except where a greater height or coverage is authorized by the Town Council through the Master Development Plan approval; and
D.
Perimeter safety barriers which are clear or more than 50% open may exceed the building height limit of the applicable zoning district by a maximum of five feet, subject to design review approval.
(Ord. 21-501 § 9)
§ 17.108.010 Allowable setback encroachments.
The following building encroachments into otherwise required setbacks are allowed in all districts:
A.
Auxiliary structures may encroach into rear and side setbacks as provided in Section 17.112.040 of this title;
B.
Architectural elements up to one story in height or 12 feet to the plate height, such as covered decks or unenclosed porches may encroach into front yards or setbacks up to eight feet in depth; but shall not be closer than 10 feet to the front property line;
C.
Architectural elements used for building access, such as landings, exterior stairs for ground floor access, breezeways, fire escapes or exterior accessways may encroach into front or rear yards or setbacks up to four feet in depth;
D.
Architectural features, such as eaves, awnings, sills, cornices, and chimneys, may encroach into front, side or rear yards or setbacks in a manner consistent with the building design but in no case greater than two feet in depth;
E.
Bay windows, or similar protruding window construction, no greater than three feet deep and 10 feet wide and no higher than two stories may project into the front setback. The maximum frequency of such bays is one bay per 15 feet of street frontage;
F.
No habitable encroachments are permitted into required side yards or setbacks;
G.
Landscape elements six feet or less in height may be located in all setbacks;
H.
Decks in excess of 30 inches above grade may encroach into rear and side setbacks but must maintain a minimum setback of five feet;
I.
Mechanical equipment such as generators, air conditioners, water heaters, pool equipment or spa pumps are not permitted within front or side setbacks, unless located perpendicular to a garage on an adjoining property, in which case the equipment may encroach up to three feet into a required side setback. Mechanical equipment may be located within a required rear setback but shall maintain a minimum setback from the property line of five feet;
J.
Utility facilities shall not be permitted in any setback area unless installed underground or screened from view from the adjacent street by the placement of structures, landscaping and/or fencing;
K.
Refuse and recycling facilities which are fully enclosed, covered and fitted with self-closing doors are permitted in side or rear setbacks; and
L.
The responsible review authority for design review approval as regulated by Chapter 17.188 of this title may authorize variations in the requirements of this section when warranted to provide relief from existing site constraints or to achieve a superior aesthetic or environmentally preferable design.
(Ord. 21-501 § 9)
§ 17.112.010 Applicability.
These standards shall apply to all zoning districts that permit auxiliary structures and shall be in addition to all other standards regulating development of the site. Where any conflict is found to exist, the more restrictive standards shall be applied. These standards shall not apply to accessory dwelling units as regulated by Chapter 17.156, Accessory Dwelling Units, of this title.
(Ord. 21-501 § 9)
§ 17.112.020 Timing of installation.
An auxiliary structure shall be constructed concurrent with or subsequent to the construction of a main building on the property.
(Ord. 21-501 § 9)
§ 17.112.030 Building Code compliance.
The location and construction of all auxiliary structures shall comply with all applicable Building Code standards.
(Ord. 21-501 § 9)
§ 17.112.040 Location and setbacks.
A.
The following minimum setbacks shall apply to the location of all auxiliary structures:
Front | 20 feet |
Side | 5 feet |
Street Side | 10 feet |
Rear | 5 feet |
B.
An auxiliary structure shall not be located closer towards the public right-of-way than the nearest point of the main building, regardless of the location of the main building with respect to required setbacks from a public right-of-way.
C.
A minimum separation of six feet shall be maintained between all enclosed auxiliary structures requiring a building permit that are located on the subject property.
D.
Detached garages and carports shall be located in the rear half of the lot from the public right-of-way(s), or if located in the front half of the lot shall be screened from view from the street by placement of structures, landscaping and/or fencing.
(Ord. 21-501 § 9)
§ 17.112.050 Master Development Plan allowable setbacks.
The following reductions in required setbacks may be authorized through approval of a Master Development Plan as regulated by Chapter 17.192 of this title:
A.
Auxiliary structures may be allowed in side and rear setbacks between three and five feet, and
B.
Adjoining properties may share an auxiliary structure that serves as a garage that straddles the shared property line with no setback required, provided there is a recorded joint-use agreement.
(Ord. 21-501 § 9)
§ 17.112.060 Height.
§ 17.112.070 Maximum number of auxiliary structures.
The maximum number of auxiliary structures that may be located on a single parcel shall be limited to two, except through design review approval as regulated by Chapter 17.188 of this title.
(Ord. 21-501 § 9)
§ 17.116.010 Purpose.
These regulations are intended to provide adequate, accessible, and well-maintained off-street parking and loading areas in order to minimize traffic congestion, allow efficient utilization of the street right-of-way, minimize employee parking impacts and keep visitor traffic and parking impacts from negatively affecting the Town's residential neighborhoods.
The following specific rules and regulations established in this chapter shall apply to off-street parking and loading.
(Ord. 21-501 § 9)
§ 17.116.020 Number required.
A.
When any building is constructed, enlarged, or increased in capacity, or when a change in use creates an increase in the amount of required off-street parking or loading spaces, additional spaces shall be required as provided in this chapter.
B.
Fractions of numbers shall be figured in the following manner. Any decimal fraction greater than one-half shall require one parking space. Any decimal fraction equal to or less than one-half may be disregarded.
C.
When two or more uses are located in the same building and/or in a common development, or when parking facilities for different buildings or uses are provided collectively, parking requirements shall be the sum of the individual and separate requirements for each use, except as otherwise provided in this title.
D.
If multiple uses share a common space, the greater parking standard shall apply.
E.
When consistent with the General Plan, the off-street parking spaces required by this chapter for any land use may be increased or decreased by the decision-making body pursuant to their review of a use permit or design review application in situations where the proposed use has characteristics that would deviate from typical parking requirements, including, but not limited to, a high level of clientele or employees, pursuant to an advisory checklist developed by the Planning Officer regarding the review and approval of reduced or increased parking requirements.
F.
Vehicle Parking Requirements by Land Use Type. Off-street parking and loading spaces shall be provided according to the following schedule:
1.
Residential Uses.
a.
Single-family: two spaces, consisting of one covered space and one screened space.
b.
Duplex: four spaces, consisting of one covered space and one screened space for each dwelling unit within the duplex.
c.
Multifamily:
i.
Three dwelling units require four spaces, consisting of two covered spaces and two screened spaces.
ii.
Four dwelling units require six spaces, consisting of three covered spaces and three screened spaces.
iii.
Additional dwelling units above four require one additional covered space per unit and one additional screened space per every two units.
e.
Parking spaces provided for affordable housing may be uncovered but shall be screened. All screened spaces shall meet the design standards as established in Section 17.136.020 of this title.
3.
4.
Commercial or Existing Industrial Uses.
a.
Restaurant, full-service: one space per three seats for all use area, indoor and outdoor.
b.
Restaurant, limited service: one space per 250 square feet of use area, indoorand outdoor.
c.
Wine tasting room: one space per four seats for all seating areas, indoor and outdoor, plus one space per 250 square feet of use area for the retail component.
d.
Wine tasting bar, bar, nightclub: one space for every three occupants authorized by the Building Code.
e.
Mobile food vendor: five spaces per vehicle.
f.
Motels, inns, bed and breakfast: 1.14 spaces per room.
g.
Retail stores and personal services: one space per 250 square feet of use area.
h.
Business and professional offices: one space per 300 square feet of use area.
i.
Heavy commercial or industrial: one space per 800 square feet of use area.
G.
Buses, Limousines, and Ride Share Services. Commercial uses and properties shall provide where feasible one or more off-street loading zones for buses, limousines, and/or ride share vehicles. The number of spaces shall be determined by the Town Council on a case-by-case basis as part of a Master Development Permit.
H.
Electric Vehicle Charging Stations.
1.
Commercial and Multifamily. New commercial and multifamily projects which provide required parking of 10 or more spaces shall provide electric vehicle charging stations equal to at least 10% of the total required parking spaces unless determined to be impractical by the reviewing authority.
2.
Single-Family Residential. New residential development shall provide electrical service for potential electric vehicle charging.
I.
Bicycle Parking. Bicycle storage space shall be provided in all parking areas of 10 or more spaces according to the following schedule:
1.
Multifamily projects shall provide bicycle parking spaces equal to a minimum of 10% of the required vehicle spaces unless separate secured garage space is provided for each unit. The bicycle spaces shall be distributed throughout the project.
2.
Retail commercial uses shall provide bicycle parking spaces equal to a minimum of five percent of the required vehicle spaces, distributed to serve customers and employees of the project.
3.
Other nonresidential uses providing employment shall provide bicycle parking spaces equal to a minimum of 10% of the required vehicle spaces, distributed to serve employees and visitors to the project.
4.
Places of public assembly shall provide bicycle parking spaces equal to a minimum of 10% of the required vehicle spaces, distributed to serve customers, visitors, and employees.
5.
Each bicycle space shall be a minimum of two feet in width, six feet in length and have a minimum of seven feet of overhead clearance.
6.
Each bicycle parking space shall include a stationary parking device to adequately secure the bicycle.
7.
Bicycle spaces shall be conveniently located and generally within proximity to the main entrance of a structure.
J.
Employee Parking. All new or expanded uses, and changes in use, shall demonstrate that 50% to 100% of employees can park on-site in spaces designated and signed for employee use. If there is insufficient on-site space in a previously developed parking lot to accommodate all employees associated with an expanded use or a change in use, the Town Council may consider allowing on-street employee parking on a case-by-case basis, subject to an approved Employee Parking Management Plan and lease of on-street parking spaces consistent with the Master Fee Schedule.
(Ord. 21-501 § 9)
§ 17.116.030 Parking space dimensions.
All off-street parking and loading areas shall comply with the following minimum dimensions:
A.
General Parking. Required spaces in parking areas shall be configured according to the following schedule:
Min. Required Aisle Width | ||||
|---|---|---|---|---|
Angle | Stall Width | Stall Length | One-Way | Two-Way |
Parallel | 9′ | 24′ | 12′ | 20′ |
45 degrees | 9′ | 20′ | 16′ | 20′ |
60 degrees | 9′ | 21′ | 18′ | 20′ |
Perpendicular | 9′ | 19′ | 24′ | 24′ |
B.
Compact Car Parking. 30% of the required spaces in parking areas with five required spaces or more may be devoted to compact car spaces, according to the following schedule:
Angle | Stall Width | Stall Length |
|---|---|---|
Parallel | 8′-6″ | 20′ |
45 degrees | 8′-6″ | 18′ |
60 degrees | 8′-6″ | 19′ |
Perpendicular | 8′-6″ | 18′ |
C.
Accessible Parking. Handicap parking shall be provided in accordance with the standards of the California Building Code.
D.
Loading. Required bays in loading areas shall be configured according to the following schedule:
Land Use | Berth Width | Berth Length | Berth Height |
|---|---|---|---|
Heavy Commercial and Industrial Uses | 12′ | 45′ | 15′ |
All Other Uses | 11′ | 35′ | 14′ |
(Ord. 21-501 § 9)
§ 17.116.040 Tandem parking.
Except for single-family residential development, mobile home parks, or as provided by a use permit, tandem parking (parking where one or more cars must be moved in order to allow a car to access a parking space) shall not count as fulfilling the off-street parking requirements.
A.
In reviewing requests for tandem parking use permits, consideration shall be given to lot configuration (i.e., narrow lot width); locating all parking spaces beyond the front setback depth; increasing efficiency in use of available space; maximizing on-site employee parking; facilitating in-fill development; and minimizing impacts to adjoining properties.
B.
Notwithstanding any other provision of this subsection, a use permit shall not be required for tandem parking for accessory dwelling units as established in Section 17.156.020 of this title.
(Ord. 21-501 § 9)
§ 17.116.050 Driveway and curb cut dimensions.
A.
Residential Properties.
1.
Driveway width for single-lot access shall not exceed:
a.
10 feet for garages in the rear half of the lot or for single-car garages on the front half of the lot.
b.
18 feet for two-car garages on the front half of the lot. The allowance for driveways up to 18 feet in width shall be subject to the following restriction: no more than 50% of the driveways in a Master Development Plan of five or more units shall be allowed to exceed 10 feet in width. Shared driveways shall be excluded from the calculation of this requirement.
2.
Driveways providing shared access to two lots shall not exceed 12 feet in width.
3.
Driveways providing shared access to three or more lots shall not exceed 20 feet in width.
4.
Curb cuts for single-car access shall not exceed 12 feet in width and the distance between curb cuts should be at least 20 feet; however, the minimum distance between curb cuts may be 10 feet when part of a Master Development Plan.
5.
Encroachments into a driveway area shall be limited to roof overhangs, projecting eaves, awnings, second story bay windows and similar building elements.
B.
Nonresidential Properties.
1.
Curb cuts for access to parking lots shall not exceed 12 feet for one-way access or 24 feet in width for two-way access. Exceptions may be granted through the Master Development Plan permit by the Town Council as deemed necessary for public safety or preservation of existing landscape.
2.
Parking that results in vehicles backing out onto a public street shall be prohibited. Vehicles are to enter the roadway headfirst.
(Ord. 21-501 § 9)
§ 17.116.060 Location of parking.
A.
Residential Properties.
1.
Except for driveways and approved parking spaces, off-street parking and loading spaces are not permitted in any side yard on the street side of a corner lot or any front yard unless the parking spaces are screened from the public right-of-way.
2.
Off-street parking spaces for single-family dwellings shall be located on the same lot as the dwelling served.
3.
Off-street parking spaces for all other dwellings shall be located on the same lot and not more than 250 feet from the dwelling served.
B.
Nonresidential Properties.
1.
Off-street parking spaces shall be located on the same lot or within close proximity to the use served, if authorized by the Town Council through the Master Development Plan permit.
To ensure the perpetuation of the parking space requirements of this chapter, an owner of any lot that serves as parking for another lot shall execute a declaration of restrictions and covenants for the lot in a form acceptable to the Town Council. The declaration of restrictions and covenants shall set aside the required space for parking only. The declarations of restrictions and covenants may be waived only by consent of the owners of more than one-half of the lot that serves as parking for another lot, and the consent of the Town Council.
2.
Bumpers, posts, wheel stops, or other similar parking blocks shall be provided on all parking spaces located along property lines and have a minimum setback of 18 inches from the boundary of the parking lot.
(Ord. 21-501 § 9)
§ 17.116.070 Landscaping of parking facilities.
A.
Within parking areas, there shall be one tree provided for every six parking spaces.
B.
Trees shall be planted in tree wells of at least four feet wide by four feet long by four feet deep and adequately protected from car movements.
C.
All landscaping and trees shall be provided with an irrigation system that is maintained in working order.
(Ord. 21-501 § 9)
§ 17.116.080 Lighting of parking facilities.
A.
Lighting for parking areas shall be designed as regulated by Chapter 17.132 of this title, to confine emitted light to parking areas, and with the light source not visible from outside the area. Glare or shine from lighting shall not create a nuisance for adjacent dwelling units.
B.
Average illumination at the ground shall be no more than one foot candle, except where an increase in lighting level is recommended by a lighting consultant or qualified professional as necessary for safety.
(Ord. 21-501 § 9)
§ 17.116.090 On-street parking shoulders in the Old Town Historic District.
For properties designated as H, Old Town Historic, on the Zoning Map, on-street parking shoulders shall be surfaced with permeable materials such as gravel, decomposed granite, or other aggregate material.
(Ord. 21-501 § 9)
§ 17.120.010 Purpose and application.
The intent of this chapter is to establish regulations for the development of usable open space necessary to fulfill needs for outdoor leisure and recreation, to preserve valuable natural resources, and to improve the amenity of residential living and commercial gathering spaces.
(Ord. 21-501 § 9)
§ 17.120.020 Open space.
The following general conditions shall apply to all provisions for open space as established in this chapter:
A.
Any area to be credited towards common usable open space shall be either:
1.
Controlled and maintained by the owner of the property, or by an incorporated nonprofit homeowners' association, and devoted exclusively to the recreation, scenic, and leisure use of all the occupants of and/or visitors to the property; or
2.
Dedicated in fee to, and maintained by, a public agency or recreation district, and devoted to the recreation, scenic, and leisure use of the population that will occupy the district.
B.
Every dwelling unit in a multifamily dwelling or any dwelling built in conjunction with a commercial structure shall be provided with private usable open space for each building type as established in the applicable zoning district.
C.
No more than 60% of the space devoted to private usable open space may be covered by a private balcony projecting from a higher story. A screening device not greater than six feet in height and constructed of dense landscaping, or a fence, wall, grill, or other screening device, may be required to abut private usable open space if in the judgment of the Planning Officer, the needs for establishing a pleasant outdoor leisure and recreation environment would thereby be met.
(Ord. 21-501 § 9)
§ 17.120.030 Procedures.
The Zoning Design Review Board or Town Council may, as a condition of approval, require the applicant to employ any appropriate methods to ensure the permanent status and maintenance of common usable open space.
(Ord. 21-501 § 9)
§ 17.124.010 Purpose.
Intelligent, skillful design and water management can enable the citizens of the Town of Yountville to enjoy a well landscaped community, while at the same time conserving natural resources. The purpose of this chapter is to reduce water waste and provide for efficient water use in new and rehabilitated landscaping by promoting the use of regionally appropriate plants that require minimal supplemental irrigation and by establishing standards for irrigation efficiency and landscape maintenance. The goal of this chapter is to achieve water conservation, prevention of the waste of this natural resource, improved water quality, and enhancement to the environment.
(Ord. 21-501 § 9)
§ 17.124.020 Documentation.
Prior to issuance of a building permit or grading permit, each landscape project shall provide documentation to the satisfaction of the Planning Officer that demonstrates compliance with either:
A.
The requirements of this chapter and the Water Efficient Landscape Guidelines.
(Ord. 21-501 § 9)
§ 17.124.030 Penalties.
Any property owner, person, firm, or corporation, whether as principal agent, employee or otherwise, violating any provision of this chapter shall be guilty of a misdemeanor and subject to administrative enforcement in accordance with Chapter 8.05 of this code. Any property owner, person, firm, or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as provided herein. Penalties under the administrative enforcement provisions of Chapter 8.05 of this code may be imposed in lieu of, but not in addition to, penalties imposed by the court for any single violation.
(Ord. 21-501 § 9)
§ 17.124.040 Timing.
The provisions of this chapter shall not apply to landscape projects that have received approval for design review, building permit, or grading permit prior to the effective date of the ordinance codified in this chapter.
(Ord. 21-501 § 9)
§ 17.128.010 Purpose.
The purpose of this chapter is to promote the health, safety, welfare, and quality of life of the residents through the protection of specified trees on private property and the establishment of standards for removal, maintenance, and planting of trees throughout town. In establishing these procedures and standards, it is the Town's intent and objective to encourage the preservation of trees.
(Ord. 21-501 § 9)
§ 17.128.020 Statement of intent.
It is the goal of the Town to foster a vibrant and healthy mixed-species, urban forest. The preservation of trees enhances the natural beauty of the community, sustains the long-term potential increase in property values, helps create and retain the identity and quality of the Town necessary for successful business to continue, improves the attractiveness of the Town to residents and visitors, maintains natural ecology, retains the tempering effect of extreme temperatures, prevents erosion of top soil, provides protection against flood hazards, and contributes to reduction in greenhouse gas emissions.
When considering requests for tree removal, primary preference will be given to mitigation measures that will allow the retention and preservation of the tree. Where tree removal is approved, the initial preference is that another tree be replanted on-site in a suitable location, whenever good forestry practice so dictates. However, in circumstances when a replacement tree cannot feasibly be replanted on-site, an in-lieu fee shall be paid to the Town as defined in this chapter. It is further intended that review of requests for tree removal or tree trimming should be based on protecting public safety and preserving the health of the tree.
(Ord. 21-501 § 9)
§ 17.128.030 Hazard reduction and prevention.
A.
The following preventative measures shall be taken to reduce hazard risks:
1.
Plant trees that are not problematic and that fit the site. The International Society of Arboriculture (ISA) has developed a list to assist property owners in avoiding trees that may become a problem.
2.
A healthy, vigorous tree that receives regular care is less likely to become hazardous than one that is ignored. Prevention is the best solution to the tree hazard problem.
3.
The risk of hazard may be reduced by removing dead and broken branches, reducing branch end weights, by mechanically supporting weak branches from below, or by cabling and bracing.
4.
In some cases, hazards may be eliminated by removing picnic tables or other items beneath a precarious tree, fencing to prevent access to such trees, or rerouting pedestrian or vehicular traffic.
B.
Where a hazard can be reduced to a less than significant level or hazard, as determined by the Town consulting arborist or other certified arborist in a written tree report, all reasonable mitigation measures shall be taken.
Where there are two or more conflicting tree reports, the Planning Officer in consultation with the Town consulting arborist shall make the final determination on a hazardous rating.
(Ord. 21-501 § 9; Ord. 23-524, 10/17/2023)
§ 17.128.040 Permit required.
A.
Applicability. Except as provided in subsection B of this section, no person may destroy or remove any of the following protected trees from any private property without first obtaining a tree removal permit, in accordance with this chapter:
1.
A heritage tree identified in the Heritage Tree Survey;
2.
Any native oak tree with a trunk that measures 10 inches diameter at breast height (DBH) (equal to 31 inches in circumference) or more;
3.
Any tree with a trunk that measures 12 inches DBH (equal to 38 inches in circumference) or more or a multi-stemmed perennial plant having an aggregate DBH of 20 inches (equal to 63 inches in circumference) or more;
4.
A tree shown to be preserved on an approved development entitlement or specifically required by the Town Council or Zoning and Design Review Board to be retained as a condition of approval of an entitlement; or
5.
A tree required to be planted as a replacement tree.
B.
Exceptions. A tree removal permit is not required under subsection A if:
1.
Prior to removal, the Town consulting arborist concludes, with an arborist report paid for by the property owner if deemed necessary by the Planning Officer, that the tree is dead and the Planning Officer approves the removal.
2.
The removal of the tree was specifically approved as part of a previously approved development entitlement.
3.
The work to be performed is routine maintenance necessary for the health of the tree or protection of property; provided, however, that non-routine maintenance shall be subject to fines and penalties as provided in this code.
4.
Prior to removal, the Planning Officer determines that the tree constitutes a hazard or threat to the public health and safety or property in the vicinity in cases where one or more of the following apply:
a.
The tree (or trees) in question is dying, diseased or has been substantially damaged and will likely in the near term threaten the health and safety of persons or property improvements in the immediate vicinity and such disease or threat is verified in writing by a licensed tree surgeon or certified arborist. Prior history of poor maintenance affecting the health of the tree may invalidate grounds for removal of an unhealthy tree; or
b.
The tree (or trees) in question is classified as a pyrophyte, including Monterey Pine, Bishop Pine, Acacia, and Eucalyptus species; or
c.
Tree removal or alteration is by a public agency or public utility to provide for the routine maintenance of public land or public utilities; or
d.
Tree removal or alteration is by a homeowner or a homeowner's association when it can be demonstrated that the tree is causing damage to a utility that cannot be relocated and mitigation measures are not feasible.
(Ord. 21-501 § 9; Ord. 23-524, 10/17/2023)
§ 17.128.050 Permit application.
Applications for tree removal permits shall be submitted to the Town on forms provided by the Planning and Building Department. There shall be a fee for this permit as established by resolution of the Town Council as a part of the Town's Master Fee Schedule. The fee shall cover the full costs to the Town to process the application including, without limitation, the costs of the Town consulting arborist. Upon completion of the application and submittal of all supporting documents and fees, the Planning and Building Department shall send notice to all property owners within 300 feet of the subject property and adhere to a 10-day comment period before issuing a tree removal permit.
A.
An application for tree removal permit shall be required for all protected trees.
B.
Applications shall be submitted to the Planning and Building Department and shall be accompanied by the following information.
1.
When combined with a larger development application, a preliminary site plan and grading plan showing the number, size, type, and location of tree(s) to be removed and trees to be preserved, and the location of all existing and proposed improvements on the property. The plan shall include the approximate driplines of all trees on-site and trees located on adjacent properties with canopies overhanging the project site.
2.
When not combined with a larger development application, a site plan showing the number, size, type, and location of the tree(s) to be removed and all existing improvements on the property.
3.
The property owner's name, address, and telephone number.
4.
The name, address, phone number, and business license number of the company or individual to remove the tree(s).
5.
Specific reasons for requesting removal of the tree(s).
C.
The Town consulting arborist shall prepare an arborist report for review and use by the Planning and Building Department in reviewing the application and making decisions and findings pursuant to Section 17.128.060.
D.
Application for and granting of a permit may be jointly considered with an application for any other development entitlement which may be required.
(Ord. 21-501 § 9; Ord. 23-524, 10/17/2023)
§ 17.128.060 Permit decision, criteria, and mitigation.
A.
Decisions.
1.
The Planning Officer shall grant or deny all permits for tree removal, except as provided below.
2.
The Town Council shall grant or deny a permit for tree removal for heritage trees and native oak protected trees.
3.
If an application is being jointly considered with any other application for a development entitlement, then the Town Council or the Zoning and Design Review Board shall render the decision.
B.
Findings. The responsible reviewing authority may approve the application and authorize a tree removal permit if the facts presented establish one or more of the following:
1.
The condition of the tree(s) with respect to its health present(s) an imminent danger of falling or failure, and constitutes a likely hazard to safety due to the proximity of existing structures or interference with public infrastructure or utilities. Prior history of poor maintenance affecting the health of the tree may invalidate grounds for removal of an unhealthy tree; or
2.
Removal is warranted due to the tree's age and size with respect to the size or appropriateness of its planted location or if removal would encourage healthier, more vigorous growth of other trees or would encourage healthier, more vigorous growth of trees and other plant material in the area; or
3.
Alternative mitigation measures that reduce a structural defect but do not result in removal of the tree(s) are either impractical or would not benefit the longevity of the subject tree(s).
C.
Mitigation for Removal. The decision-making authority may attach any reasonable condition to ensure compliance with the purpose and intent of this chapter. Where mitigation is deemed necessary, the Town shall require the planting of on-site replacement tree(s), the payment of an in-lieu fee, or any combination of the two.
(Ord. 21-501 § 9)
§ 17.128.070 Replacement trees/in lieu fees.
A.
Replacement Trees. Often it is not possible to replace a large, older tree with a single equivalent tree. In such cases, the following tree canopy replacement ratio shall apply:
1.
The reviewing authority may condition any tree removal permit with replacement of trees in kind or from a recommended tree list maintained by the Town. The replacement requirement shall be calculated on an inch-by-inch replacement of the removed tree(s) (e.g., the removal of one 12-inch DBH tree shall necessitate the planting of six two-inch DBH trees or four three-inch DBH trees, etc.). The minimum size for a replacement tree shall be a 15-gallon. The minimum size for a replacement of a heritage tree or a native oak shall be 24-inch box. Replacement trees shall meet the standards of size, species, and placement as provided for in the tree removal permit issued by the Planning Officer.
B.
In-lieu fee deposit. Whenever a tree removal permit is conditioned upon the planting of a replacement tree, the payment of an in-lieu replacement tree fee deposit as established in the Master Fee Schedule shall occur prior to issuance of the tree removal permit. The deposit is refundable within 180 days of the permit issuance upon planting the required replacement tree and providing photographic proof of the planting and placement of the replacement tree to the Planning Officer.
C.
In-lieu fee determination. The amount of the in-lieu replacement tree fee deposit is the entire cost of establishing a new tree in accordance with the Master Fee Schedule. In addition to the cost of acquiring a replacement tree as set forth in the Master Fee Schedule, the in-lieu fee shall also include materials and labor necessary to plant the tree, and to maintain it for two years. This in-lieu fee will be reviewed annually and, if necessary, adjusted to reflect current costs.
D.
In-lieu fee payment. In some circumstances, crowding or other physical constraints make it impossible or undesirable to replace a tree of equal value on-site. When a replacement tree planting is deferred beyond 180 days or not feasible, the in-lieu replacement tree fee deposit is not refundable and shall be placed into the Tree Planting and Preservation Fund.
E.
Monitoring. Replacement trees shall be monitored for five years to ensure their establishment and growth to maturity. The Town will inspect the replacement trees annually on or around each October, with proper notification, to ensure adequate maintenance. Replacement trees that do not survive or are removed during the five-year inspection period shall be replaced at the owner's expense. The new replacement tree(s) shall be planted within 90 days of inspection and will restart a new five-year inspection period.
(Ord. 21-501 § 9)
§ 17.128.080 Tree protection during development.
A.
Objective. The objective of this section is to reduce the negative impacts of construction on trees to a less than significant level. The tree protection regulations are intended to guide a construction project to ensure that appropriate practices will be implemented in the field to eliminate the undesirable consequences that may result from uninformed or careless acts and preserve both trees and property values. Construction projects within the tree protection zone (TPZ) of protected trees are required to implement the protective practices described in this subsection.
B.
Tree Protection Plan. Prior to commencement of a development project, a property owner shall submit a Tree Protection Plan if any activity is within the dripline of a protected tree. The plan shall be prepared by a certified arborist to assess impacts to trees, recommend mitigation to reduce impacts to less than significant levels, and identify construction guidelines to be followed through all phases of a construction project. The plan must be approved by the Town's consulting arborist prior to the start of work.
C.
Fencing. Protective tree fencing shall be erected around the TPZ of all trees, whether located on-or off-site, to be protected during construction. The fence shall remain in place throughout the entire construction period and may not be removed without approval by the Planning Officer.
D.
Prohibited Activities. Activities prohibited within the TPZ include:
1.
Storage or parking of vehicles, equipment, construction materials, refuse, excavated spoils or poisonous materials on or around trees and roots.
2.
The use of tree trunks as a winch support, anchorage, as a temporary power pole, sign posts or other similar function;
3.
Cutting tree roots by utility trenching, foundation digging, placement of curbs and trenches and other miscellaneous excavation;
4.
Soil disturbance or grade change; and
5.
Drainage changes.
E.
Inspection Schedule.
1.
The project certified arborist or landscape architect retained by the applicant shall conduct the following required inspections of protected trees and submit a written summary of the changing tree related conditions, actions taken, and conditions of trees to the Planning Officer;
2.
Required Inspections and Reports:
a.
Inspection of protective tree fencing;
b.
Pre-construction meeting;
c.
Inspection of rough grading;
d.
Any special activity within the TPZ;
e.
Monthly inspections by the project arborist to monitor changing conditions and tree health; and
f.
For discretionary development projects, prior to building permit final, the landscape architect shall perform an on-site inspection of all plant stock, quality of the materials and planting, and that the irrigation is functioning consistent with the approved plans.
(Ord. 21-501 § 9)
§ 17.128.090 Duty of care for protected trees.
A.
All owners of property containing protected trees shall have a duty of regular maintenance to ensure the ongoing health and longevity of said trees.
B.
All owners of property containing protected trees that are the site of a development or construction project shall adhere to the standards in Section 17.128.080 of this chapter.
(Ord. 21-501 § 9)
§ 17.128.100 Additional duty of care for heritage trees.
Great care must be exercised when work is conducted upon or around heritage trees. The policies and procedures described herein apply to all encroachments into the protected zone of any heritage tree.
A.
Pruning of heritage trees shall be minimized, particularly during the winter when oaks are more susceptible to fungal infections.
B.
Trenching within the TPZ of any heritage tree may only be done with hand tools to prevent root injury. Mechanical trenching within the protected zone of any heritage tree is not permitted.
C.
Minor roots less than one inch in diameter may be cut, but damaged roots shall be traced back and cleanly cut behind any split, cracked or damaged area.
D.
Major roots over one inch in diameter may not be cut without approval of an independent and certified tree professional.
E.
Irrigation within the TPZ of a heritage tree shall be eliminated or minimized, particularly during the summer when natural conditions are dry.
F.
No live material may be planted within 10 feet of the trunk of any heritage tree. Any live material planted within 20 feet of a heritage tree shall be drought tolerant. If an irrigation system is installed for such plant material, it must be an independent low-flow drip irrigation system.
G.
Limbs of a heritage tree may not be cut for temporary construction purposes.
H.
No impermeable soil covering such as asphalt, concrete or other paving is permitted within the TPZ of any heritage tree.
I.
If the Planning Officer has approved construction of a retaining wall or other structure within the TPZ of any heritage tree, the developer shall provide for immediate protection of exposed roots from moisture loss during the construction period. The construction shall be completed within a 72-hour period after grading.
J.
When applicable, and when deemed appropriate by the Planning Officer, a minimum $10,000.00 deposit shall be posted and maintained to ensure the preservation of heritage trees during construction. The deposit shall be posted in a form approved by the Town Attorney prior to any grading or movement of heavy equipment onto the site or issuance of any permits. Each violation of any of the above procedures shall result in forfeiture of a portion or the entirety of the deposit at the discretion of the Town Council. Monies forfeited shall be deposited in the Tree Planting and Preservation Fund and used for replacement or repair of damaged heritage trees.
(Ord. 21-501 § 9)
§ 17.128.110 Landscape maintenance.
All required planting shall be maintained in good growing condition. Such maintenance shall include, where appropriate, pruning, weeding, cleaning, fertilizing, and regular watering. Whenever necessary, planting shall be replaced with other plant materials to ensure continued compliance with applicable landscaping requirements. All screening shall be in sound structural condition, and whenever necessary, repaired and replaced.
(Ord. 21-501 § 9)
§ 17.132.010 Purpose.
The purpose of this chapter is to create standards for outdoor lighting in order to:
A.
Prevent nuisances created by light pollution, glare, and light trespass caused by inappropriate or misaligned light fixtures and over-lighting;
B.
Improve nighttime public safety, utility, and security;
C.
Promote lighting practices and systems that conserve energy;
D.
Phase out existing nonconforming fixtures, including those owned by the Town and other public agencies; and
E.
Preserve the dark night sky.
(Ord. 21-501 § 9)
§ 17.132.020 Applicability.
A.
New Outdoor Lighting. All outdoor lighting fixtures installed after the effective date of the ordinance codified in this chapter and thereafter maintained upon private property, public property, or in the public right-of-way shall be fully shielded and use directional lighting methods, including, but not limited to, fixture location and height.
B.
Existing Outdoor Lighting. All existing outdoor lighting fixtures installed prior to the effective date of the ordinance codified in this chapter shall be addressed as follows:
1.
To immediately address nuisances caused by improperly installed, unshielded, or misdirected fixtures, all existing outdoor lighting fixtures shall be adjusted or modified to the extent practical to reduce or eliminate glare, light trespass, and light pollution.
2.
All existing outdoor lighting fixtures shall be modified to meet the requirements of this chapter for the entire property when located on a property that is part of the following applications:
a.
Design review;
b.
Use permit;
c.
Subdivision; or
d.
Building permit for a new structure or additions to buildings that result in an increase of 25% or more of the existing gross floor area, seating capacity, or parking spaces (either with a single addition or cumulative additions).
Such applications are required to include an outdoor lighting plan pursuant to Section 17.132.050 of this chapter. Conformity shall occur prior to final inspection, when applicable. |
3.
All existing outdoor lighting fixtures on property used for commercial, residential, institutional, public, and semi-public purposes not in conformance with this section shall be brought into conformance within five years from the effective date of the ordinance codified in this chapter.
C.
The Zoning and Design Review Board and Town Council are responsible for the approval of lighting plans and may approve, deny, or require modifications to any outdoor lighting plan in order to meet the purpose of this chapter.
(Ord. 21-501 § 9)
§ 17.132.030 Exemptions.
The following are exempt from the provisions of this chapter:
A.
Local festivals and seasonal displays (between November 15th and through the second week of January of the following year) using multiple low wattage bulbs (approximately 15 lumens or less) provided that they do not constitute a fire hazard, create a nuisance, and are maintained in a safe and attractive condition;
B.
Vehicular lights and all temporary emergency lighting needed by the Police and Fire Departments, or other emergency services;
C.
All temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure; and
D.
All lighting required by State or Federal regulatory agencies.
The Planning Officer may authorize additional property specific exemptions when proposed outdoor lighting does not conflict with the purposes of this section. An application for such an exemption must be made in writing and include an outdoor lighting plan pursuant to Section 17.132.050 of this chapter. Temporary lighting for special events shall be reviewed in this manner. |
(Ord. 21-501 § 9)
§ 17.132.040 General requirements.
The following general standards apply to all nonexempt outdoor lighting fixtures:
A.
Nuisance Prevention. All outdoor lighting fixtures shall be designed, located, installed, aimed downward or toward structures, and maintained in order to prevent glare, light trespass, and light pollution. Outdoor lighting fixtures aimed against structures shall be totally contained by the structure to result in no off-site glare. Luminaires that do not allow light to escape above an 85-degree angle measured from a vertical line from the center of the lamp extended to the ground are preferred.
B.
Maintenance. Fixtures and lighting systems shall be in good working order and maintained and aligned in a manner that serves the original design intent of the system.
C.
Lighting Levels. Outdoor lighting installations shall be designed to avoid harsh contrasts in lighting levels between the project site and the adjacent properties. The Town Council may, by resolution, adopt standards for maximum or minimum lighting levels for various zoning districts and for public streets, sidewalks, or trails, as developed by the Planning & Building Department. The Illuminating Engineering Society of North America (IESNA) RP-33, Lighting for Exterior Environments, shall be used as a guideline including, but not limited to, the location types shown in Table 17.132-1 below. The Town may restrict lighting to a level less than the IESNA recommended guideline.
Table 17.132-1 | ||
|---|---|---|
Location | Maximum Illumination (footcandles) | Average Illumination (footcandles) |
Parking Lot | 5.0 | 2.5 |
Perimeter parking | 3.0 | 1.5 |
Property Boundary | 0.5 | |
Adjacent to residential | 0.5 | |
Approach and driveways | 1.5 | |
Within 10 feet of driveway at property line | 0.5 | |
Accessory Uses | 3.0 | |
Within 15 feet of residential | 0.5 | |
Within 15 feet of nonresidential | 1.0 | |
Within 15 feet of approach | 1.5 | |
Building Exteriors | 5.0 | |
Streets and Roadways | ||
Local | 0.7 | |
Collector | 0.9 | |
Arterial | 1.6 | |
D.
Lamp Types. Metal halide (MH) or high-pressure sodium (HPS) lamps are preferred for all new commercial area lighting (parking lot and yard lights) and street lighting installed after the effective date of the ordinance codified in this chapter due to good color rendering and good energy efficiency. Low pressure sodium (LPS) lighting may be used for area lighting but shall not be used by itself in outdoor light fixtures due to poor color rendition and the need by public safety personnel to identify color in the nighttime environment. A combination of low-pressure sodium lighting and other type(s) of full spectrum lighting (e.g., metal halide) may be used if color rendition can be maintained. Low wattage incandescent or compact fluorescent lamps are preferred for residential lighting.
E.
Fixture Types. All new outdoor lighting shall use full cut-off luminaires with the light source downcast and fully shielded with no light emitted above the horizontal plane, with the following exceptions:
1.
Fixtures that have a maximum output of 400 lumens (equivalent to one 40-watt incandescent bulb) or less, regardless of the number of bulbs, may be left unshielded provided that it has an opaque top or is under an opaque structure to prevent the light from shining directly up. However, partial (e.g., obscured glass) or full shielding is preferred to control light output in all situations.
2.
Fixtures that have a maximum output of 1,000 lumens (equivalent to one 60-watt incandescent bulb) or less may be partially shielded using a semi-translucent barrier, provided that the lamp is not visible from off-site, no direct glare is produced, and the fixture has an opaque top or is under an opaque structure to keep light from shining directly up (e.g., a low-output style wall pack).
3.
Floodlights with external shielding shall be angled provided that no light is directed above a 45-degree angle measured from the vertical line from the center of the light extended to the ground, and only if the luminaire does not cause glare or light to shine on adjacent property or public rights-of-way and does not emit light above the horizontal plane. Photocells with timers that allow a floodlight to go on at dusk and off by 11:00 p.m. are encouraged. Unshielded floodlights are prohibited.
F.
Accent Lighting. Architectural and landscape features may be illuminated by up-lighting, provided that the light is effectively contained by the structure, the lamps are low intensity to produce a subtle lighting effect, and no glare or light trespass is produced. For national and state flags, public art, or other objects of interest that cannot be illuminated with down-lighting, upward lighting may only be used in the form of low intensity, narrow cone spotlight that confines the illumination to the object of interest and minimizes spill-light and glare.
G.
The provisions of this chapter are not intended to prevent the use of any design, material, or method of installation or operation not specifically prescribed herein, provided that the Planning Officer has approved any such alternative. An alternative proposal may be approved if it provides at least approximate equivalence to the applicable specific requirements of this section, or if it is otherwise satisfactory and complies with the purpose of this chapter.
H.
The Town of Yountville reserves the right to further restrict outdoor lighting, including, but not limited to, pole height and level of illumination, when it is deemed in the public interest consistent with the purpose of this chapter.
(Ord. 21-501 § 9)
§ 17.132.050 Submittals.
A.
An outdoor lighting plan shall be submitted in conjunction with an application for design review, use permit, subdivision, or building permit for a new structure or addition(s) of 25% or more in terms of gross floor area, seating capacity, or parking spaces (either with a single addition or cumulative additions). An outdoor lighting plan is required for all new outdoor lighting installations on commercial (includes multifamily residential project of four or more units), public, and institutional properties. The Planning Officer may request outdoor lighting plans from applicants for other types of projects due to project location, size, or proposed use, as necessary. An outdoor lighting plan shall include at least the following:
1.
Manufacturer specification sheets, cut sheets, or other manufacturer provided information for all proposed outdoor lighting fixtures to show fixture diagrams and light output levels;
2.
The proposed location, mounting height, and aiming point of all outdoor lighting fixtures (a site plan is preferred); and
3.
If building elevations are proposed for illumination, drawings for all relevant building elevations showing the fixtures, the portions of the elevations to be illuminated, the illuminance level of the elevations, and the aiming point for any remote light fixture.
B.
If needed to review the proposed outdoor lighting fixture installation, the Planning Officer may require additional information following the initial outdoor lighting plan submittal, including but not limited to a written narrative to demonstrate the objectives of the lighting, photometric data, Color Rendering Index (CRI) of all lamps and other descriptive information on the fixtures, computer generated photometric grid showing footcandle readings every 10 feet within the property or site and 10 feet beyond the property lines (An iso-footcandle contour line style plan is acceptable), and/or landscaping information to describe potential screening.
(Ord. 21-501 § 9)
§ 17.132.060 Prohibitions.
A.
The installation of any new fixture not in conformance with this chapter is prohibited after the effective date of the ordinance codified in this chapter.
B.
No outdoor lighting fixtures shall be installed, aimed, or directed to produce light that spills over into neighboring properties or the public right-of-way. Light trespass is prohibited.
C.
No outdoor lighting fixture may be installed or maintained in such a manner to cause glare visible from off-site.
D.
No outdoor lighting fixture may be operated in such a manner as to constitute a hazard or danger to persons, or to safe vehicular travel.
E.
Blinking, flashing, moving, revolving, flickering, changing intensity, and changing color lights are prohibited.
F.
The installation of new mercury vapor (MV) lamps is prohibited except for agricultural buildings when full cut-off fixtures are used; existing mercury vapor lamps shall be retrofitted to be shielded downward (e.g., with a Hubble Sky Cap) or replaced.
G.
Search lights, laser source lights, or any similar high-intensity light is prohibited except in emergencies by police and fire personnel or at their direction, or for approved temporary lighting under a special event permit issued by the Planning Officer.
(Ord. 21-501 § 9)
§ 17.132.070 Signs.
All outdoor lighting for commercial signs shall conform to the provisions of this chapter. Externally illuminated signs, advertising displays, billboards, and building identification shall use top-mounted light fixtures which shine light downward, and which are fully shielded. Light bulbs or lighting tubes used for sign illumination shall not be readily visible from the vehicular travel lanes, adjacent public rights-of-way, or adjoining properties. The intensity of sign lighting shall not exceed that necessary to illuminate and make legible a sign from the approved location of view, such as pedestrian walkway, adjacent travel way or closest Town street.
(Ord. 21-501 § 9)
§ 17.132.080 Outdoor performance, sport and recreation facilities.
A.
Where playing fields or other special activity areas are to be illuminated, lighting fixtures shall be mounted, aimed, and fully shielded so that the illumination falls within the primary playing or task area and immediate surroundings and so that no direct off-site light trespass or glare is produced.
B.
The main lighting shall be turned off as soon as possible following the end of an event. Where feasible, a low-level lighting system shall be used to facilitate patrons leaving the facility, cleanup, and other closing activities.
(Ord. 21-501 § 9)
§ 17.132.090 Energy conservation measures.
Incorrect installations, poor choice of fixtures, and over-lighting can result in unnecessarily high-energy costs. The following recommendations are intended to encourage the efficient use of energy for lighting purposes:
A.
All nonessential outdoor commercial and residential lighting is encouraged to be turned off after business hours and/or when not in use.
B.
Where practical, outdoor lighting installations are encouraged to include timers, dimmers, sensors, or photocell controllers that turn the lights off during daylight hours to reduce overall energy consumption and eliminate unnecessary lighting. Sensor activated fixtures should not be triggered by activity off the subject property.
C.
When selecting new outdoor lighting, the full cost of operation over the life of the fixture(s) should be considered. Substantial annual energy savings may be realized by using quality efficient fixtures.
D.
Indiscriminate and excessive lighting should be avoided. Light should be directed only to where it is needed with the appropriate intensity.
(Ord. 21-501 § 9)
§ 17.132.100 Violations and penalties.
It is unlawful to install or operate any outdoor lighting fixture in violation of this chapter. Any person violating any provisions of this chapter may be subject to the provisions of Chapter 17.228, Compliance and Enforcement, of this title. In addition, any outdoor lighting fixture erected or maintained contrary to the provisions of this chapter may be declared to be a public nuisance subject to the procedures set forth in Municipal Code Chapter 8.05. Such remedies are in addition to and may be sought or imposed concurrently with, any other remedy provided by law, regulation, or ordinance.
(Ord. 21-501 § 9)
§ 17.132.110 Enforcement.
The Planning Officer is hereby empowered and directed to administer, enforce, and monitor compliance with the provisions of this chapter relating to outdoor lighting control.
(Ord. 21-501 § 9)
§ 17.136.010 Purpose.
Walls, fences, and landscape screening often help to define the character of the street and neighborhood. They serve to provide enclosure, definition, and privacy to the front yard, rear yard, or parking area. They also are intended to protect individual properties from traffic, noise, heat, glare, and dust. Therefore, walls and fences that are visible from the street should be treated as an integral part of the architecture. The materials, colors, and detailing should be consistent with the buildings they surround and adjoin. Walls, fences, and landscape screening may be located along all property lines provided the conditions outlined in this section are met.
(Ord. 21-501 § 9)
§ 17.136.020 Design standards.
The following design standards apply to all new walls, fences, or screening for existing and new development throughout the Town submitted for approval following the adoption of this title:
A.
All heights are measured from finished grade, unless otherwise determined by the Town Council;
B.
Walls, fences, or landscape screening are required in the following cases:
1.
Along the rear property lines of any nonresidential use which abuts on a residential use,
2.
To screen any open area used for the storage of goods, materials, or wastes from view from abutting properties and from public rights-of-way and all openings for access ways shall be constructed of view-obscuring materials, and
3.
To screen from abutting properties any open area used to display goods or materials for sale;
C.
The height of a wall or fence along a rear or side property line shall not exceed six feet;
D.
The height of a wall or fence along a side property line shall not exceed three feet within the front yard or setback and shall not exceed six feet for the remainder of the parcel;
E.
The height of a wall, fence or landscape screening along the front property line shall not exceed three feet and the height of a wall or fence within the front yard or setback shall not exceed three feet;
F.
The height of a wall, fence or landscape screening a parking area or driveway shall be at least three feet but shall not exceed six feet;
G.
Required walls, fences, or landscape screening need not be provided along a shared lot line where a wall, fence or landscape screening of equivalent height and density exists on the other side of the shared property line, and is properly maintained;
H.
On corner lots, the height of any wall, fence, or landscape screening within 35 feet of the corner of the lot at the street intersection shall not exceed three feet in height and may be required to be set back from the property line when the Planning Officer deems it necessary for public safety;
I.
Walls, fences, or landscape screening of at least three feet in height may be required by the Zoning and Design Review Board or Town Council to obscure from view along public rights-of-way all or part of an open area used to display goods or materials for sale, such as a lumberyard or nursery; and
J.
Exceptions to the maximum height limitations are permitted by the use of extensions to screening in compliance with the following provisions and process:
1.
Fence, wall, and landscape screen extensions shall not exceed a total height of eight feet. Typically, the extension will consist of an additional two feet lattice screen to the top of a six-foot fence or wall,
2.
Heights shall be measured from the approved finished grade and shall not be artificially built up for the purpose of increasing screen height,
3.
Screen extensions are limited to locations within rear and side yard setbacks. Screen extensions are not permitted in front yard setbacks; along yards and setbacks that front onto public or private streets; at properties where screen heights are limited by conditions of approval; and, for reverse corner lots, within the front yard setback of the adjacent property where the maximum rear yard height of six feet shall not be exceeded,
4.
Screen extensions shall be administratively approved and permitted with no additional notification otherwise upon providing information to the adjoining property owner regarding the design (i.e., dimensions, materials, color) and location of the extension, securing their written consent, and submitting it to the Planning & Building Department. When written approval from the adjoining property owner has not been secured, extensions may be approved at the conclusion of a 30-day review and appeal period following the posting and mailing of a notice of pending action for the extension request and no appeals have been received. The Town Council shall hear appeals to screen extension requests,
5.
Planning staff shall approve the location, materials, and color of the extension construction. The extension material, other than landscape screens (typically hedges) which may grow to eight feet, shall not be a solid material and shall consist of a design that is a minimum of 35% open or vegetative material grown on an approved framework, and
6.
Walls and fences over six feet in height and masonry walls over four feet in height (measured from the bottom of footer) are required to secure a building permit or as required by current building code.
(Ord. 21-501 § 9)
§ 17.140.010 Purpose.
Provisions for utilities including accessory equipment, and storage for refuse are often overlooked in the planning and site design of a new development. Their misplacement results in unreconciled intrusions into yards and streetscapes. The design standards outlined in this section are intended to ensure that yards and streetscapes remain free from ill-considered utilities or refuse storage and adequate accommodation is provided.
(Ord. 21-501 § 9)
§ 17.140.020 Design standards.
The following design standards apply to utilities and refuse storage for new development throughout the Town:
A.
Utilities and refuse storage areas are not permitted in any setback area or front yard except as noted in subdivision 2 of this subsection;
B.
All new electrical, telephone, CATV and similar service wires or cables shall be installed underground. Risers on poles or buildings are permitted. Where there is no underground system, utility service poles may be placed on the rear property line solely for the purpose of terminating underground facilities;
C.
Air conditioners and similar mechanical equipment shall be screened from view;
D.
Electrical vaults and meter boxes must be screened from view from any public right-of-way. Fire pipes and extinguishers must be easily identified; and
E.
For commercial uses, refuse storage areas shall be screened from public and adjacent properties view or located within a building. All refuse storage areas shall be maintained to the reasonable satisfaction of the Town Council.
(Ord. 21-501 § 9)
§ 17.144.010 Purpose and application.
The purpose of these regulations is to establish performance standards to ensure the appropriate location for operations with significant environmental impact, to encourage a mixture of suitable uses, including light industrial uses, in Yountville's commercial zones and to preclude inappropriate uses from having undesirable impacts upon surrounding residential neighborhoods. The following specific rules and regulations established in this chapter shall apply to matters requiring impact regulations.
(Ord. 21-501 § 9)
§ 17.144.020 General conditions.
A.
Permissible Location Standard. Impacts on adjacent uses are regulated according to the land use designations of this title. Permissible impacts on adjacent uses are divided into two impact categories depending upon their proposed locations, as defined below:
1.
Impact Category I. Uses located adjacent to existing or planned residential areas (planned residential areas, for this purpose, shall consist of all areas designated for residential use on the adopted Yountville General Plan Map or on Master Development Plans approved in accordance with the Planned Development Review).
2.
Impact Category II. Uses which are not adjacent and will have no significant impact on established or planned residential developments.
B.
The performance criteria for each impact category are listed below:
2.
Light Impact.
a.
Impact Category I. No bright or flashing lights shall be visible in a residential district. All lighted signs shall be subject to Section 17.132.090 and Chapter 17.152, Signs, of this title;
b.
Impact Category II. No bright or flashing lights shall be visible. All lighted signs shall be subject to Section 17.132.090 and Chapter 17.152, Signs, of this title.
3.
Traffic Circulation and Parking.
a.
Impact Category I. New development must demonstrate that it will not substantially increase truck traffic on residential streets. Trucks over two tons shall not be permitted on local residential streets. Customer and employee parking and truck loading areas shall be provided in accordance with Chapter 17.116, Off-Street Parking and Loading, of this title;
b.
Impact Category II. Same as above.
5.
Flammable Material.
a.
Impact Category I. No operations involving the use or storage of flammable materials or fuses shall be permitted adjacent to any residential area;
b.
Impact Category II. All operations which involve storage, use, or transport of flammable materials or gases must be conducted in a manner that meets with the approval of the Fire Chief; and all facilities must contain such emergency protection and firefighting equipment as are deemed necessary by the Fire Chief.
7.
Water Quality.
a.
Impact Category I. The Town shall evaluate liquid waste to be disposed into its sewer systems and report upon the Town's capacity to provide treatment. Industries not connecting to the municipal sewer systems are subject to water quality standards administered by the San Francisco Bay Regional Water Quality Control Board;
b.
Impact Category II. Same as above.
(Ord. 21-501 § 9)
§ 17.148.010 Program execution.
The Yountville Arts Commission shall carry out the duties established by this chapter.
(Ord. 21-501 § 9)
§ 17.148.020 Provision of public art or contribution towards placement of public art.
An applicant shall either directly provide public art or make a contribution towards the placement of public art. An applicant has three ways in which to comply with the requirement to place public art or make a contribution towards the placement of public art:
A.
Install and maintain approved public art on property which has a value equal to or exceeding the in-lieu art fee deposit. Prior to installation of public art in satisfaction of this chapter, the applicant shall comply with all procedures set forth in this chapter for selection and approval of public art.
B.
Install and maintain approved public art which has a value less than the in-lieu art fee deposit and pay the difference as an additional in-lieu fee. Prior to installation of public art in satisfaction of this chapter, the applicant shall comply with all procedures set forth in this chapter for selection and approval of public art.
C.
Direct payment of the in-lieu art fee deposit into the dedicated art program fee fund managed by the Yountville Arts Commission in accordance with Section 17.148.050 of this chapter.
(Ord. 21-501 § 9)
§ 17.148.030 Application for public art.
If choosing to install and maintain public art, the applicant shall submit an application to the Yountville Arts Commission that includes:
A.
Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed public art, the résumé of the artist as well as evidence of previous work and efforts of the artist;
B.
An independent appraisal or other similar evidence of the value of the proposed artwork, including acquisition and installation costs;
C.
Preliminary plans containing such detailed information as may be required by the Yountville Arts Commission to adequately evaluate the location of the public art in relation to the proposed development, and its compatibility with the proposed development, including compatibility with the character of adjacent conforming developed parcels and existing neighborhood if necessary to evaluate the proposal; and
D.
A narrative statement and maps or diagrams demonstrating that the public art will be to the exterior of all structures and accessible and visible to the public at all times.
(Ord. 21-501 § 9)
§ 17.148.040 Approval for public art.
A.
The Yountville Arts Commission shall review the completed application submitted pursuant to Section 17.148.030 of this chapter, considering the aesthetic quality and harmony with the proposed project, and the public accessibility to the public art. In order to satisfy the requirements of this chapter, the public art must be approved by the Arts Commission.
B.
The applicant may appeal the Arts Commission's decision to the Town Council in writing within 30 days. If the applicant fails to submit a timely appeal, the decision of the Arts Commission shall become final. If the applicant submits a timely appeal of the Arts Commission's decision, the Town Council shall conduct a hearing on the appeal. The decision of the Town Council shall be final.
C.
If, during proceedings related to the overall project which occur subsequent to the Arts Commission's decision, significant revisions to the proposed public art or its physical location and context are proposed or required by the applicant, the Zoning and Design Review Board, or Town Council, the application shall be returned to Arts Commission for further review and recommendation concerning the revised proposal for review and approval prior to the final review of the project as a whole.
D.
The Arts Commission may recommend conditions of approval related to the Public Art to be included in any entitlements approved by the Town Council or Zoning and Design Review Board.
(Ord. 21-501 § 9)
§ 17.148.050 In-lieu art fee deposit and refund thereof for installation of public art.
An applicant shall pay an in-lieu art fee deposit at the time of applying for any commercial building permit, in support of the requirement to provide public art in accordance with Sections 17.148.020 through 17.148.040 of this chapter. All fees paid pursuant to this chapter shall be deposited into an art program fee fund. If the applicant opts to install and maintain public art, the applicant is eligible for a refund of the inlieu art fee deposit up to the maximum appraised value of the art upon completion of the art installation. If the applicant opts not to place public art, the in-lieu art fee deposit shall remain in the art program fee fund and shall be exclusively used for the acquisition, installation, improvement, and maintenance of physical artwork to be displayed in the Town for public view. The revenue deposited into this fund shall also be used for the administration of the public art program. This fund shall be maintained by the Town Treasurer.
(Ord. 21-501 § 9)
§ 17.148.060 In-lieu fee determination.
The amount of the fee shall be a percentage of the project valuation as follows:
A.
The total project valuation shall be computed using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO) unless, in the opinion of the Building Official, a different valuation measure should be used.
B.
Each commercial unit shall be assessed an amount equal to one percent of its valuation, excluding land acquisition and off-site improvement costs.
(Ord. 21-501 § 9)
§ 17.148.070 Timing of compliance.
A.
An in-lieu art fee deposit shall be paid when applying for a building permit for commercial development.
B.
Applications for installation of public art must be submitted to the Yountville Arts Commission for consideration and be approved prior to the project's completion and issuance of a certificate of occupancy (temporary or final) by the Planning & Building Department. Placement of approved public art must be within 90 days of approval unless an alternative date is approved by the Yountville Arts Commission at time of approval.
C.
All documentation required under Section 17.148.080 of this chapter must be provided prior to installation of public art.
(Ord. 21-501 § 9)
§ 17.148.080 Documentation for public art.
Prior to installing public art in accordance with this chapter, the applicant must provide to the Town:
A.
Financial security in an amount equal to the acquisition and installation costs of approved public art, in a form approved by the Town Attorney;
B.
Covenants, conditions, and restrictions (CC&Rs), in a form approved by the Town Manager and the Town Attorney, which require the property owner, successors in interest, and assigns to maintain the public art in good condition. CC&Rs shall be executed and recorded by the applicant with the County of Napa;
C.
A statement which indemnifies, defends, and holds the Town and related parties harmless from any and all claims or liabilities from the public art, in a form acceptable to the Town Attorney; and
D.
Certificate of insurance naming the Town as an additional insured, including such coverage and liability limits as may be specified by the Town Manager.
(Ord. 21-501 § 9)
§ 17.148.090 Ownership of public art.
A.
All public art installed by an applicant pursuant to this chapter shall remain the property of the applicant; the obligation to provide all maintenance necessary to preserve the public art in good condition shall remain with the owner of the site.
B.
Maintenance of public art shall include, without limitation, preservation of the public art in good condition to the satisfaction of the Town, protection of the public art against physical defacement, mutilation, or alteration, and securing and maintaining insurance in an amount and form to be determined by the Town Manager. Prior to installation of an approved artwork, applicant and owner of the site shall execute and record a covenant in a form approved by the Town for maintenance of the public art.
(Ord. 21-501 § 9)
§ 17.148.100 Removal or alteration of public art.
§ 17.148.110 Violations.
A.
If the public art is not installed or maintained as required by this chapter, the Town Council may revoke the occupancy permit for the project upon recommendation by the Arts Commission. Prior to revoking an occupancy permit, the Council shall conduct a hearing, with no less than 15 days' notice to the property owner.
B.
If any public art provided pursuant to the provisions of this chapter is knowingly removed by the property owner without the approval of the Yountville Arts Commission, the property owner shall contribute funds equal to the development project's original public art requirement to the Town's public art program fee fund, or replace the removed public art with one which is of comparable value and approved by the Yountville Arts Commission.
C.
In addition to all other remedies provided by law, in the event the owner fails to maintain the public art, upon reasonable notice, the Town may perform all necessary repairs, maintenance or secure insurance, and the costs therefor shall become a lien against the real property.
D.
A violation of this chapter shall be considered a public nuisance.
(Ord. 21-501 § 9)
§ 17.152.010 Purpose and application.
The purpose of this chapter is to regulate signage related to commercial activities in all of the Town's zoning districts, encourage design excellence that will provide signage compatible with the character of the Town, reduce visual clutter, and keep the Town's sidewalks and rights-of-way clear of obstructions.
The Town of Yountville recognizes that signs have an impact on the Town's character, and when regulated and controlled can enhance commerce and tax revenues, as well as facilitate clarity and aesthetic appeal.
(Ord. 21-501 § 9)
§ 17.152.020 General conditions.
The following general conditions shall apply:
A.
Signs for which no sign permit is required are allowed and are subject to the number and size limitations contained in Sections 17.152.030(A) and (B) of this chapter.
B.
The total permitted sign area for any building shall not exceed one-half square foot of signage per one foot of lineal building frontage, or 30 square feet, whichever is less. No individual sign shall exceed 25 square feet in area, except Highway 29 signs as provided in Section 17.152.030(C)(1) of this chapter. All businesses visible from a public street are required to display permanent identification signage.
C.
For a building with more than one building frontage, the total permitted sign area established in subsection B may be increased by 50%. Permitted sign area may be distributed among individual signs at the option of the sign owner, except that no individual sign shall exceed the size limitations established in subsection B of this section.
D.
In addition to the authorizations and limitations contained elsewhere in this title, a business may install and maintain temporary signs on a window of a premises during a special sale or promotion held at the business subject to the following conditions:
E.
No wall sign shall project beyond the ends or top of the surface to which it is attached, nor shall it extend more than eight inches from the surface to which it is attached.
F.
The Zoning and Design Review Board shall review applications to erect freestanding signs and may approve the application and authorize the Planning Officer to issue a sign permit only when the Zoning and Design Review Board makes all of the following findings:
G.
The Zoning and Design Review Board shall review applications to erect internally illuminated signs, and may approve the application and authorize the Planning Officer to issue a sign permit only upon making all of the following findings:
1.
The sign complies with the design criteria established in Section 17.152.100 of this chapter; and
2.
The sign is consistent with the provisions of this title.
H.
For a projecting sign, all of the following additional findings must be made:
1.
The sign may not be attached to a structure other than a building;
2.
The sign may not be internally illuminated;
3.
The sign may only be as high as the eave line of the building surface to which it is attached or 11 feet above grade, whichever is lower;
4.
The sign may not be lower than seven feet if over a walkway, in order to provide safe access to pedestrians;
5.
The outside edge of the sign may not project more than four feet from the surface of the building to which it is attached;
6.
The sign may not contain more than six square feet of display area on each side;
7.
The sign may not be more than three inches or less than one-half inch thick; and
8.
The sign may not project into or over a public right-of-way.
I.
Substitution of Message. Non-commercial copy may replace any commercial copy on an approved sign so long as the physical dimensions of the sign are unchanged and remain consistent with this chapter.
J.
Master Sign Plan.
1.
Each building containing two or more businesses, or any multiple-occupancy commercial site shall be required to have an approved Master Sign Plan, except that a Master Sign Plan shall not be required for such buildings or commercial sites which have lawfully existing signs on the effective date of the ordinance codified in this title;
2.
The owner or other person in control of a building or site which is required to have a Master Sign Plan shall apply for a sign permit and shall include the required information for each sign for each business in the building or on the site. Each business should be allocated a portion of the total sign area;
3.
The total sign area for a site requiring a Master Sign Plan shall be calculated by combining the lineal building footage of structures facing a public street. The formula in subsection B of this section shall be used except that the 30 square feet maximum is eliminated;
4.
In no case shall more than one freestanding sign per frontage be allowed for a building or site requiring a Master Sign Plan. A freestanding sign shall only be approved if said sign complies with the requirements of subsection F of this section; and
5.
In addition to a freestanding sign allowed for the parcel, each business in a building or on a site requiring a Master Sign Plan shall be allowed one wall or suspended sign, provided that the total allowable area of said signs is reduced by the square footage of the freestanding sign.
K.
During construction on a commercial property, if the construction activities obscure signs otherwise permitted under this code, the sign owner may place additional temporary signs onto the building or construction barriers facing the public right-of-way. Such temporary signs shall be no larger or more numerous than those obscured by the construction activity.
L.
Courtyard signs not visible from a public street are exempt from this chapter.
(Ord. 21-501 § 9)
§ 17.152.030 Permitted signs.
A.
The following land uses shall be authorized additional signs, with the written approval of the Planning Officer and subject to the conditions specified:
1.
Automotive Service Station. An additional freestanding sign, subject to minimum standards as required by the California Department of Weights and Measures and subject to those standards;
2.
Barber Shop. An additional sign with a cylindrical shape not exceeding three feet in height and four inches in diameter;
3.
For a commercial use on the property which includes on-site parking, up to two additional double-sided signs not exceeding four square feet in total, and located on-site;
4.
Special events, see Section 17.152.090(A) of this chapter; and
5.
Restaurants and Tasting Rooms. An additional freestanding sign, subject to a maximum overall size of 40 inches in height and 30 inches in width. The sign may be installed on an exterior wall or on an interior window of the business. A portable freestanding sign may be permitted upon approval by the Planning Officer as to the specific location of placement. Portable freestanding menu signs must be pedestal or single pole mounted, placed within five feet of the business entry, may not block or impede the right-of-way, and must be removed at the close of business each day. No A-frame or sandwich board signs shall be allowed. Any violation in placement of the sign in the approved location may subject the business to revocation of the sign approval. No more than one such sign is allowed for any one restaurant. Illumination of the sign shall be allowed only by an indirect light source.
B.
The following signs shall be permitted subject to the conditions specified and shall not require written approval:
1.
Bulletin boards shall be limited to theaters and public, charitable, or religious institutions. Size shall not exceed 20 square feet and shall not be used for commercial advertising.
2.
One non-illuminated temporary sign per site of construction for the primary construction contractor on the site. The sign shall not exceed 24 square feet and shall be removed prior to building occupancy.
3.
Flags Containing Noncommercial Speech. Flagpoles for such flags shall not exceed the height limitations of the land use designation in which the flagpole is located and shall be limited to two flagpoles per lot. Flagpoles in commercial districts shall be located along the primary access street of the property.
4.
Permanent signs affixed to the front of a residence or building, or located at the entrance of a driveway, and visible from the public right-of-way. Such signs shall not exceed one square foot.
5.
Newspaper vending machine signs limited to one sign per vending machine or rack. They shall not exceed two square feet.
6.
Temporary signs not exceeding eight square feet shall be allowed on private property three months prior to an election and for seven days following the election.
7.
On a property for sale, one temporary non-illuminated sign per structure or lot. The sign shall not exceed six square feet and shall be removed within 15 days after sale, rental or lease. For commercial developments, or residential subdivisions of five lots or more, exceptions may be granted per Section 17.152.090 of this chapter.
8.
During an open house for a parcel of real property, up to three temporary signs off-site are allowed up to 12 hours in one day and three days consecutively without securing a permit from the Town provided they comply with the following requirements:
a.
The display of temporary off-site signs is restricted in the following areas as follows:
i.
Gateway locations are entry points into Town at California Drive from Solano to Washington Street, Madison Street from Highway 29 to Washington Street, and the intersection of Yountville Cross Road and Yount Street. All off-site signs shall be prohibited at Gateway locations inclusive of all visible points at the intersections described;
ii.
Washington Street and Yount Street including the "Point" are main streets leading to commercial areas and residential neighborhoods. All streets intersecting with Washington Street and Yount Street outside of Gateway areas are limited to one generic open house sign per intersection. All such temporary signs are prohibited from being displayed at the "Point" of Washington and Yount Streets; and
iii.
Neighborhoods are locations within residential areas outside of gateways and intersections along Washington Street and Yount Street. Within neighborhoods, real estate agents may place temporary signs (limited to one sign per real estate company, per intersection) on the most direct route to the property for sale beginning with the first intersecting street within the residential neighborhood off of Washington Street or Yount Street.
b.
Sign placement shall be restricted to planting strips within the public right-of-way. Signs of any type shall not be placed in a position that blocks, encroaches into, or obstructs any street, sidewalk, crosswalk, stair, or handicap ramp and shall not block or impede sight distance and visibility for motorists, especially at intersections. Signs located on private property shall be with the express permission of the property owner. Signs may not be taped, wired, glued, tied or in any way attached or affixed to any public property including light poles, street signs, benches, trash receptacles, and fences.
c.
Design of signs shall comply with the following:
i.
Sign is limited to an A-frame type non-illuminated sign that is four square feet in size for each side with each side containing copy (two total sides). Sign shall not exceed three feet in height;
ii.
Attachments such as flags, balloons, lights, pamphlets, flyers, announcements, or additional advertisements to any part of the sign in any form are prohibited on all signs; and
iii.
No sign related to the sale or showing of real estate shall be attached or applied to vehicles or displayed within or on vehicles or towed trailers.
9.
Temporary signs, see Section 17.152.020(D) of this chapter.
10.
Commercial holiday associated displays are permitted for a maximum period of 60 days per calendar year and must be removed no later than two weeks following the occurrence of the holiday.
C.
The following signs require Zoning and Design Review Board approval:
1.
Highway 29 signs shall be limited to one per commercial parcel on parcels abutting Highway 29. Signs may be up to 30 square feet in size and be on a building, not freestanding. This sign may be in addition to all other allowable signs;
2.
Murals;
3.
Freestanding signs, see Section 17.152.020(F) of this chapter; and
4.
Internally illuminated signs, see Section 17.152.020(G) of this chapter.
(Ord. 21-501 § 9)
§ 17.152.040 Prohibited signs.
A.
Pennants, bunting, and flags, except as permitted in Section 17.152.030(B) of this chapter;
B.
Flashing and animated signs, inflatable signs, and neon signs;
C.
Billboards;
D.
Portable freestanding signs unless allowed by Section 17.152.030 of this chapter;
E.
Vehicle display signs;
F.
Roof signs;
G.
Signs affixed to a utility pole or structure, tree, shrub, rock or other natural object;
H.
Signs which have a design or lighting such that they might be mistaken for a traffic light or signal or are located so as to obscure free and clear vision of a motorist or obscure any authorized traffic sign, signal or device; or which because of their location would prevent free ingress or egress to any door, window or fire escape;
I.
Signs which are dilapidated, abandoned, in disrepair or dangerous condition; and
J.
Any sign not expressly permitted in Section 17.152.030 of this chapter.
(Ord. 21-501 § 9)
§ 17.152.050 Criteria for sign permit.
A.
No sign that requires a sign permit as indicated in Section 17.152.030 of this chapter shall be erected, relocated, constructed, or altered within the Town until a sign permit has been issued by the Planning Officer.
B.
An application for a sign permit shall be filed for approval with the Planning Officer. The application shall be on a form provided by the Town and shall require the applicant to submit a plan showing the location, size, shape, color, materials, generic copy to demonstrate font size and color, and type of illumination for each proposed sign.
C.
A sign permit shall not be issued by the Planning Officer unless the proposed sign complies with the provisions of this chapter and, where required, authorization for such issuance has been granted by the Zoning and Design Review Board or Town Council.
D.
Applications which are denied or conditioned may be appealed as established in Chapter 17.224 of this title.
E.
Signs which would otherwise require a sign permit under the provisions of this title, but which are lawfully in existence on the effective date of the ordinance codified in this title, may be maintained without the issuance of a sign permit, except that such signs shall not be redimensioned, redesigned, relocated or altered without a duly authorized sign permit as provided in this chapter.
(Ord. 21-501 § 9)
§ 17.152.060 Nonconforming signs.
Any sign lawfully existing at the effective date or amendments of the ordinance codified in this chapter, or of amendments, that does not conform to the standards of this chapter shall be deemed to be a legal nonconforming sign and may be continued until such time as it is redesigned, dimensioned, relocated, or otherwise significantly altered.
(Ord. 21-501 § 9)
§ 17.152.070 Enforcement.
A.
Whenever a sign is found to have been abandoned or to be in violation of any provision of this chapter or of any other ordinance or law, the Planning Officer shall order that the sign be altered, repaired, reconstructed, demolished, or removed as may be appropriate to abate such condition. Any work to be done shall be completed within 10 days of the order, unless otherwise specified.
B.
In the event a sign is not altered, repaired, reconstructed, demolished, or removed as ordered by the Planning Officer within the specified time frame, the owner of the premises, or the person other than the owner who is in possession or control of the premises, shall be subject to a penalty or penalties as established in Chapter 17.228 of this title.
C.
The placement of portable freestanding signs is subject to the Town's Administrative Fines and Penalties Schedule and shall be subject to immediate confiscation by the Planning Officer. After providing notice to the business owner of confiscation of the sign, any sign that has not been reclaimed after removal of such sign, or where any penalty imposed has not been paid within 30 days of becoming due, may be destroyed, or disposed of by the Town. Repeated violations in the placement of a portable freestanding sign will be reported to the Town Council at a publicly noticed hearing.
(Ord. 21-501 § 9)
§ 17.152.080 Appeals.
Appeals of decisions of the Planning Officer or Zoning and Design Review Board may be filed under the procedures established in Chapter 17.224 of this title.
(Ord. 21-501 § 9)
§ 17.152.090 Exceptions.
A.
The provisions of this chapter shall not apply to signs used in conjunction with a bona fide special event, provided a sign permit is obtained as established in Section 17.152.030(A) of this chapter, and the location, number and size of these signs are approved by the Planning Officer in accordance with this chapter. An exception to the prohibition on portable freestanding signs may be granted to a nonprofit organization for limited use during a special event, subject to specific rules on placement location and duration of use.
B.
Up to five portable freestanding signs may be permitted at the Town of Yountville Community Center and/or Community Hall during meetings or special events by the organization or host of the event. These signs shall not be located on or block the Town's sidewalks or right-of-way and must be removed at the end of the meeting or special event.
C.
Signs approved under Chapters 17.188 and 17.192 of this title shall continue to conform to the standards, limitations, and conditions of such approval. These signs shall not be redimensioned, redesigned, relocated or altered without approval as required by Chapter 17.188 or 17.192, whichever is applicable. Where discrepancies exist between the standards and limitations of this chapter and the standards and limitations for signs approved under Chapters 17.188 and 17.192, the latter shall apply.
D.
The Zoning and Design Review Board, after a public hearing thereon, may grant an exception to the strict application of the provisions of this chapter only after the Board makes all of the exception findings in Section 17.208.060 of this title.
(Ord. 21-501 § 9)
§ 17.152.100 Design criteria.
The following criteria shall apply during the evaluation of the signs design:
A.
Colors for sign backgrounds shall be selected from either an approved Town color palette, if adopted by the Zoning and Design Review Board, or from the palette used on other buildings on the same parcel.
B.
Sign illumination shall not cause glare and light intrusion onto other signs, other premises, sidewalks, streets, or parking lots.
C.
Internally illuminated signs should have dark backgrounds with the letters lighter. The typical plastic faced sign with a light-colored, internally illuminated background may only be permitted upon approval of an exception established in Section 17.152.090 of this chapter.
(Ord. 21-501 § 9)
§ 17.152.110 Wayfinding sign program.
A.
Purpose. The wayfinding sign program is intended to assist visitors in locating individual businesses, increase visitors' awareness of businesses located within the central and north commercial districts, and to provide directions to other points of interest.
B.
Program Eligibility Criteria. The following criteria shall be used to determine which businesses may participate in the wayfinding sign program:
1.
The business provides goods or services to visitors and residents who may require assistance in determining its location.
2.
The priority for allocation of available sign space will be assigned by the type of use. First tier priority includes the following commercial use types: retail; eating, drinking and entertainment; lodging; and personal service businesses. Second tier priority includes professional office uses and noncommercial points of interest or public facilities.
3.
The business must be located within the boundaries of a commercial zoning district or be a destination of general interest outside the commercial districts (e.g., historic points of interest, veterans home, public facilities).
4.
The business must be open on Saturday or Sunday.
5.
Exceptions to the above eligibility criteria may be considered where such exceptions will serve the purpose of avoiding blank spaces on underutilized sign faces while being otherwise consistent with purposes of the wayfinding sign program.
C.
Content, Number, Assignment, and Location of Sign Plaques.
1.
Each sign plaque shall prominently display the business name on a single top line with an optional subordinate second line below that identifies the type of business or service. Specific products and other information such as phone numbers, address, and website address may not be included on sign plaques and redundant descriptions should be avoided.
2.
Each business identification sign plaque shall be accompanied by a separate directional arrow plaque mounted to the right of the business's identification plaque. The directional arrow plaque shall be made of the same material and colors as the business identification plaque and the arrows shall be consistent in size.
3.
A maximum of two identification sign plaques per business may be approved per double-sided sign post, with a maximum of four total sign plaques per business on all posts; however, additional signs may be permitted on a space available basis.
4.
Sign space for each post is allocated on a "first come, first served" basis.
5.
Applications that are unable to be accommodated will be placed on a waiting list if there is not space available at the requested location at the time of application. First priority assignment of sign space that is subsequently vacated and becomes available will be from applicants on the waiting list.
6.
Generally, the business identification plaques will be placed on post locations that approach a business that is street fronting or located on post in adjacent proximity to a business having restricted visibility from the street. Businesses with existing sign visibility to the street shall not select post locations directly adjacent to the business.
D.
Sign Design Criteria.
1.
The material for all identification signs and directional arrow plaques shall be porcelain enamel on an enameling steel tile.
2.
Plaque colors shall be white text on a black background with no border.
3.
Text shall be all capitals in Helvetica Condensed Bold font style and center justified. Generally, text height size shall be one inch for the first line and three-fourths inch for the second line; adjustments in text size are permitted for sizing extra-long names to the plaque width.
4.
Plaques shall be fastened to the substrate with flat black torx or other tamper resistant heads, four per plaque.
5.
Substrate and sign plaque dimensions and materials shall be uniform and consistent with standards determined by the Planning Officer.
6.
Sign substrates will be utilized from the top down and unutilized substrates will be removed from the bottom. Temporarily blank spaces will be left to display the black substrate background or be used to display a Town sponsored sign plaque.
E.
Program Authority.
1.
The program is administered by the Town of Yountville Planning Officer. Responsibilities shall include reviewing and approving sign applications; ensuring enforcement of program standards; procuring the signs from the sign producer; installing the business identification signs; maintaining the waiting list; and ensuring signs and posts are maintained in good condition.
2.
The wayfinding sign program is structured as a voluntary subscription program open to eligible participants as outlined in subsection B of this section.
3.
The wayfinding sign program supersedes all existing entitlements and allowances previously approved for business identification and directional signs located within the public right-of-way. Such existing signs shall be removed following establishment of the wayfinding sign program.
4.
Subscribers assume all risks for damage to their individual signs and are responsible for replacement costs of damaged signs.
F.
Subscription Program and Costs.
1.
Subscription costs, including the initial application fee and the annual subscription renewal fee, shall be paid to the Town of Yountville in the amount approved by the Town Council in the Master Fee Schedule.
2.
The actual cost for the production of each individual business identification sign, directional arrow sign, and substrate, including taxes and shipping costs, shall be paid for by the subscriber directly to the sign producer through the Planning and Building Department following approval.
3.
Subscribers shall pay an annual renewal fee to defray Town funded capital costs and ongoing administrative and maintenance costs including capital outlay for posts, post replacement and repair, sign cleaning, and reconditioning and/or replacement of substrates.
G.
Application Process.
1.
Application for approval of a sign plaque may be made to the Planning & Building Department on a form prescribed by the Department and accompanied by a processing fee as required.
2.
The Planning Officer shall review the application for consistency with the approved wayfinding sign program standards and consult with the subscription applicant if revisions are necessary.
3.
Approved applications will be forwarded to the sign supplier who will produce a layout proof for review and final approval by the applicant and Planning Officer prior to sign production.
4.
Payment for the signs and substrate shall be made to the sign producer at time of application approval and placement of the sign production order.
5.
Applications will be placed on a waiting list if no spaces are available at the requested location at the time of application.
H.
Sign Installation and Removal.
1.
Sign plaques shall be installed by Town staff in the requested location upon their receipt.
2.
Sign plaques associated with a defunct business shall be removed promptly following the close of the business by Town staff. Damaged or defaced plaques are subject to removal by Town staff; replacement signs shall be ordered within 14 days, or the sign space shall be deemed available.
(Ord. 21-501 § 9)