Yountville City Zoning Code
Division 4
Standards for Specific Land Uses and Activities
§ 17.156.010 Purpose and application.
These provisions are intended to encourage the development of affordable rental housing within the Town. These types of dwelling units are also commonly referred to as mother-in-law units, granny flats, and second dwelling units.
(Ord. 22-509 § 2)
§ 17.156.020 Definitions.
A. "Accessory dwelling unit" or "ADU" "Attached accessory dwelling unit" "Detached accessory dwelling unit" "Efficiency kitchen" "Floor area" "Garage" “Historic property” "Junior accessory dwelling unit" or "JADU" “Living area” "Lot coverage" "Primary dwelling" or "primary residence" “Proposed dwelling” “Public transit”
The definitions in this section shall apply to this chapter only. Unless otherwise defined in this section, the definitions in Section 17.236.010 shall apply.
means an attached or a detached residential dwelling unit, which provides complete independent living facilities for one or more persons. An ADU shall not have direct access to the primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel the primary dwelling unit is situated. An accessory dwelling unit shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. An accessory dwelling unit also includes the following:
means an accessory dwelling unit that is attached to the primary dwelling unit, not including a junior accessory dwelling unit.
means an accessory dwelling unit in a separate structure from the primary dwelling unit.
means a cooking facility with a sink and refrigeration, a food preparation counter, and storage cabinets.
has the same meaning as defined in Section 17.100.020.
has the same meaning as defined in Section 17.236.010.
means a property located within a historic district or a property listed on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a town or county landmark or historic property or district pursuant to a town or county ordinance.
means a residential dwelling unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the primary dwelling unit and have direct access to the primary dwelling unit. Junior accessory dwelling units are limited to one per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.
means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
means the percentage of the total lot area that is occupied by buildings or structures that are roofed or otherwise covered or that are unroofed and have a finished floor
means an existing or proposed single-family or multifamily dwelling located on a lot in any of the following zones—RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Master Planned Rrsidential), and PD (Planned Development)—if the property's existing single-family dwelling is legal, whether conforming or nonconforming.
means a dwelling that is the subject of a permit application and that meets the requirements for permitting.
means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
(Ord. 22-509 § 2; Ord. 25-532, 7/15/2025)
§ 17.156.030 Site and layout standards.
If the Planning Officer determines that an accessory dwelling unit or a junior accessory dwelling unit meets the following requirements, the Planning Officer shall approve the application for the unit. Unless specifically relating to one unit or the other, all accessory dwelling units and junior accessory dwelling units shall meet the following requirements:
A.
Zoning.
1.
Pursuant to Section 17.12.010 (General Requirements for New Development and Land Uses) accessory dwelling units and junior accessory dwelling units are only permitted in the following zoning districts:
a.
A (Agriculture), RS (Single-Family Residential), RM (Mixed Residential), H (Old Town Historic), MPR (Master Planned Residential), and PD (Planned Development).
2.
Accessory dwelling units and junior accessory dwelling units are prohibited in the MHP (Mobile Home Park), PP (Parks and Playfields), PF (Public Facilities), PC (Primary Commercial), RSC (Residential-Scaled Commercial), OTC (Old Town Commercial), RC (Retained Commercial), and MU (Mixed Use Overlay) zones.
B.
Historic Properties. An accessory dwelling unit or a junior accessory dwelling unit proposed for an historic property shall be located in the rear half of the property.
C.
Floor Area of ADUs.
1.
The maximum size of the floor area of an accessory dwelling unit shall not exceed 850 square feet or, if the accessory dwelling unit provides more than one bedroom, 1,000 square feet.
2.
If an attached accessory dwelling unit is proposed on a lot containing an existing primary dwelling, the total floor area of the attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling.
3.
Nothing in this chapter shall prohibit the development of an efficiency unit or an accessory dwelling unit that is at least 800 square feet, with four-foot side and rear yard setbacks, and constructed in compliance with all other local development standards.
D.
Floor Area of JADUs.
1.
The maximum size of the floor area of a junior accessory dwelling unit shall not exceed 500 square feet.
2.
The minimum size of the floor area of a junior accessory dwelling unit shall be greater than 220 square feet, pursuant to the International Building Code of the International Code Council Standards.
E.
Lot Coverage.
F.
Setbacks. The setback standards for accessory dwelling units are as follows:
1.
Front yard setback—Consistent with applicable setback regulations in Division 2 of Title 17.
2.
Side yard setback—four feet.
3.
Rear yard setback—four feet.
4.
There are no setback requirements for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure, that is converted into an accessory dwelling unit or portion of an accessory dwelling unit.
5.
If an existing multifamily dwelling has a rear or side setback of less than four feet, the Town shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph.
G.
Height Limits.
1.
Accessory dwelling units shall not exceed:
a.
16 feet in height measured to top of parapet or highest point of the roof for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit.
b.
18 feet in height measured to top of parapet or highest point of the roof for a detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor as defined in Section 21155 of the Public Resources Code. An additional two feet in height is allowed under this subsection to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
c.
18 feet in height measured to top of parapet or highest point of the roof for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
d.
25 feet in height measured to top of parapet or highest point of the roof or the otherwise applicable height limitation under Title 17 that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.
e.
Two stories in height in all cases.
H.
Parking.
1.
A minimum of one screened off-street parking space shall be provided for each accessory dwelling unit. Surface parking may encroach up to 15 feet into the rear setback. The additional on-site parking space required for the accessory dwelling unit may be provided by tandem parking.
2.
If an existing garage, carport, or covered parking structure is to be demolished in conjunction with the construction of an accessory dwelling unit, the required off-street parking for the primary dwelling unit need not be replaced. Replacement parking spaces may be provided in any configuration on the lot, including, but not limited to, covered, uncovered, or tandem spaces, or by the use of mechanical automobile parking lifts.
3.
Notwithstanding any other provision of this code, no additional parking shall be required for an accessory dwelling unit if any of the following is true:
a.
The unit is located within one-half of one mile walking distance of public transit;
b.
The unit is located within an architecturally and historically significant historic district;
c.
The unit is part of the proposed or existing primary residence or an existing accessory structure;
d.
On-street permits are required but not offered to the occupant of the unit;
e.
There is a car share vehicle located within one block of the unit; or
f.
When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.
§ 17.156.040 Development standards.
Accessory dwelling units and junior accessory dwelling units are subject to the following development standards:
A.
Facilities.
1.
An accessory dwelling unit and a junior accessory dwelling unit shall have the following features located within the unit:
a.
Independent heating controls, and cooling controls if air conditioning is provided.
b.
Its own kitchen with sink and standard built-in or freestanding appliances, except that a junior accessory dwelling unit shall have an efficiency kitchen.
c.
Its own bathroom with toilet, sink, and tub or shower, except that a junior accessory dwelling unit may share these facilities with the primary dwelling unit, provided the junior accessory dwelling unit has a separate entrance from the main entrance to the primary dwelling unit, with an interior entry to the main living area of the primary dwelling unit.
d.
Indoor washer and dryer hookups, except that a junior accessory dwelling unit may share these facilities with the primary dwelling unit.
e.
Exterior access independent from the primary dwelling unit. Except for a junior accessory dwelling unit, there shall be no shared access with the primary dwelling unit.
B.
Utilities.
1.
A new or separate utility connection shall be required for all accessory dwelling units that are not described in paragraph 1 of subdivision (a) of Section 66323 of the California Government Code.
2.
A connection fee and capacity charge for utilities, including water and sewer service, shall be charged for such accessory dwelling units proportionate to the additional burden the unit places on the service(s) provided, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials. This fee or charge shall not exceed the reasonable cost of providing this service.
3.
For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
C.
Building Code.
1.
An accessory dwelling unit and a junior accessory dwelling unit shall meet minimum building code requirements prior to occupancy of the unit, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the California Building Code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the Building Official makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this subsection shall be interpreted to prevent the Town from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.
2.
Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary dwelling unit. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling unit.
3.
An accessory dwelling unit and a junior accessory dwelling unit shall be required to have a permanent foundation.
D.
Appearance.
1.
An accessory dwelling unit and a junior accessory dwelling unit shall be constructed using the same paint color(s); siding material(s); roof pitch, material(s) and color(s); door(s), window(s) and trim as the primary dwelling unit on the lot.
2.
For an accessory dwelling unit or junior accessory dwelling unit that includes a second story, any window of a second story shall be: (i) at least 60 inches above finished floor; (ii) made of obscured glass that is patterned, frosted, or textured; or (iii) located so that the center point of the window is offset by at least two feet from the center point of any second story window on an existing dwelling located on an adjacent lot.
3.
Landscaping shall comply with objective standards set forth in the State of California Model Water Efficient Landscape Ordinance, California Code of Regulations, Title 23, Division 2, Chapter 2.7 and the Town’s WELO Guidelines as set forth in Chapter 17.124 of this code.
4.
A minimum of 100 square feet shall be provided for use as common space by an accessory dwelling unit or a junior accessory dwelling unit, of which no less than half shall be directly accessible to the unit.
E.
Primary and Accessory Dwellings Not Separable. An accessory dwelling unit and a junior accessory dwelling unit shall not be sold separately from the primary dwelling unit except in accordance with Section 66341 of the California Government Code, and may be rented, provided any rental complies with Chapter 8.08 and Section 17.12.010(C)(1) of this code.
F.
Occupancy and Rental.
1.
Owner-occupancy is required for the single family residence in which a junior accessory dwelling unit is permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.
2.
The owner of a junior accessory dwelling unit shall sign a "Notice of Restrictions: Occupancy, Sale and Rental," which the Town will record with the County Recorder's office, prior to issuance of a building permit for the junior accessory dwelling unit, acknowledging the requirements of subsections (E) and (F)(1) of this section, and including both:
a.
A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and
G.
Short-Term Rentals. Short-term rental of an accessory dwelling unit or a junior accessory dwelling unit for less than 30 days is prohibited.
H.
Fees.
1.
An application for an accessory dwelling unit and/or a junior accessory dwelling unit shall be submitted to the Town along with the appropriate fee as established from time to time by resolution of the Town Council.
3.
The Town will not consider an accessory dwelling unit or a junior accessory dwelling unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the unit is constructed with a new single-family or multifamily dwelling.
4.
Any development impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the accessory dwelling unit.
5.
The Town may charge a fee to inspect an accessory dwelling unit or a junior accessory dwelling unit to determine compliance with applicable building standards.
I.
Permit Approval.
1.
All proposed accessory dwelling units and junior accessory dwelling units are subject to review for compliance with the terms of this chapter by the Planning Officer, via a zoning clearance. The Planning Officer shall complete the review of the application, including an application for pre-approval of an accessory dwelling unit plan pursuant to Government Code Section 65852.27, within 60 days of receipt of a complete submission.
a.
Notwithstanding the foregoing, the Planning Officer shall complete the review of an application for a detached accessory dwelling unit within 30 days of receipt of a complete submission if the application utilizes an accessory dwelling unit plan pre-approved by the Town within the current triennial California Building Standards Code rule-making cycle, or a plan that is identical to that of a detached accessory dwelling unit approved by the Town within the current triennial California Building Standards Code rule-making cycle.
2.
If the application to create or serve an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create or serve a new single-family or multifamily dwelling on the lot, the Planning Officer may delay approving or denying the permit application for the accessory dwelling unit or junior accessory dwelling unit until the appropriate review authority approves or denies the permit application to create or serve the new single-family or multifamily dwelling, but the application to create or serve the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing.
3.
Review of, and the denial of or granting of, an application by the Town is a ministerial action. The Planning Officer shall not approve an application or issue a permit unless the proposed accessory dwelling unit or junior accessory dwelling unit complies with the requirements of this chapter. The decision of the Planning Officer shall be final and conclusive.
4.
If the Planning Officer denies an application for an accessory dwelling unit or a junior accessory dwelling unit, the Planning Officer shall return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. The Planning Officer shall not deny an application for a permit to create an accessory dwelling unit or a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the accessory dwelling unit or the junior accessory dwelling unit.
5.
The Planning Officer shall review and issue a demolition permit for a detached garage replaced with an accessory dwelling unit at the same time he or she reviews and issues a permit for the accessory dwelling unit. The Planning Officer shall not require the applicant to post a notice or placard for the demolition of a detached garage to be replaced with an accessory dwelling unit, unless the property is within an architecturally and historically significant historic district.
6.
A permit shall not be denied for an unpermitted accessory dwelling unit that was constructed before January 1, 2020, due to either of the following:
7.
Notwithstanding subsection (I)(5),the Planning Officer may deny a permit for an accessory dwelling unit if he or she makes a finding that correcting a violation is necessary to protect the health and safety of the public or occupants of the structure.
J.
Permit Termination.
1.
A permit for an accessory dwelling unit or a junior accessory dwelling unit shall terminate when one or more of the following occur:
a.
The construction of the accessory dwelling unit or the junior accessory dwelling unit is not commenced within one year from the date of permit issuance;
b.
The construction of the accessory dwelling unit or the junior accessory dwelling unit has been abandoned or discontinued for 18 consecutive days or more;
c.
The owner of the accessory dwelling unit or the junior accessory dwelling unit files a declaration with the Planning Officer that the permit has been abandoned or discontinued and the unit has been removed from the property; or
d.
The permit has expired by its own terms.
§ 17.156.050 Development standards for JADUs.
A junior accessory dwelling unit shall be built within the structure of an existing or proposed primary dwelling unit. If built within the structure of an existing primary dwelling unit, a junior accessory dwelling unit may include an addition to the primary dwelling unit of up to 150 square feet.
(Ord. 22-509 § 2; Ord. 25-532, 7/15/2025)
§ 17.158.010 Two dwelling residential developments.
The following shall apply to two dwelling residential developments proposed pursuant to the requirements of Government Code Section 65852.21.
A.
Purpose and Applicability. It is the intent of these regulations to provide opportunities to construct two dwelling residential developments on parcels zoned Old Town Historic (H) and Single Family Residential (RS).
B.
Land Use, Zoning, and Density.
1.
Two dwelling residential developments are a permitted residential use on parcels zoned Old Town Historic (H) and Single Family Residential (RS).
2.
Two dwelling residential developments are not subject to the density requirements of the General Plan, this code, or to the maximum density or unit count stipulated in any master plan and/or precise development plan applicable to properties zoned Old Town Historic (H) or Single Family Residential (RS).
C.
Definitions. The definitions below shall apply to this section only.
1.
"Accessory structure" means a structure that is accessory and incidental to a single-family dwelling located on the same lot.
2.
"Car share vehicle" means a vehicle available for sharing located in a car share vehicle facility approved by the Town.
3.
"Car share vehicle facility" means a facility at a fixed location approved by the Town to permit the storage, pick-up, and drop-off of a car share vehicle.
4.
"Dwelling unit(s)" has the same meaning as defined in Section 17.236.010 of this code.
5.
"Existing structure" means an existing permitted or otherwise legal single-family dwelling or accessory structure.
6.
"Floor area" has the same meaning as defined in Section 17.100.020 of this code.
7.
"Garage" has the same meaning as defined in Section 17.236.010 of this code.
8.
"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
9.
"Lot coverage" means the percentage of the total lot area that is occupied by buildings or structures that are roofed or otherwise covered or that are unroofed and have a finished floor.
10.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.
11.
"Objective standards" means design, development, and subdivision standards contained within this code.
12.
"Single-family dwelling" has the same meaning as defined in Section 17.236.010 of this code.
13.
"Two dwelling unit permit" means a Town-issued permit required prior to the construction of a two dwelling residential development.
14.
"Two dwelling residential development" means a housing development consisting of no more than two dwelling units and created under this section.
D.
Planning Permit and Application Requirements.
1.
Two Dwelling Unit Permit Required. a proposal to construct a two dwelling residential development must obtain a two dwelling unit permit prior to undertaking construction.
2.
Application Submittal Requirements. The submittal requirements for a two dwelling unit permit application shall be established by separate policy published by the Planning Officer.
E.
Review Procedures, Notice, and Action.
1.
Completeness Review. The Planning Officer or designee shall determine whether the application for a two dwelling unit permit is complete pursuant to the requirements of Government Code Section 65943.
2.
Objective Standard Consistency. The Planning Officer or designee shall provide an applicant for a two dwelling unit permit with written documentation identifying any inconsistencies with the objective standards applicable to two dwelling residential developments within 30 days of the application being determined to be complete.
3.
Courtesy Notice. A courtesy notice shall be issued to adjacent properties and physically posted in a prominent location visible from the public right-of-way on the property by the Planning and Building Department a minimum of 10 days prior to the date of action on a two dwelling unit permit.
4.
Ministerial Action. The Planning Officer or designee shall render a ministerial decision without a public hearing on a two dwelling unit permit application but not prior to conclusion of the courtesy noticing period. The Planning Officer's action to grant or deny a two dwelling unit permit is final and not subject to appeal.
5.
Conditions of Approval. The Planning Officer may impose conditions of approval to ensure compliance with the objective standards and other provisions of this code prior to issuing a building permit.
F.
Parcel Eligibility. A Two dwelling residential development shall be allowed on parcels located in the single-family residential zones listed under subsection (B)(1) above, except where:
1.
The subject parcel meets one or more of the criteria specified in Government Code Sections 65913.4(a)(6)(B) through (K);
2.
The subject parcel is a property on which the owner has exercised their rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date of submitting an application for a two dwelling unit permit; or
3.
The two dwelling residential development is proposed on a parcel located within a historic district or a property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town or county landmark or historic property or district pursuant to a Town or county ordinance.
G.
Demolition and Alteration of Existing Structures. A two dwelling residential development shall not require the demolition or alteration of an existing housing unit(s):
1.
Subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
2.
Subject to any form of rent or price control through a public entity's valid exercise of its police power; or
3.
Occupied by a tenant in the last three years.
H.
Maximum Number of Units. A two dwelling residential development shall include no more than two dwelling units. A two dwelling residential development may also be combined with one accessory dwelling unit and one junior accessory dwelling unit subject to Chapter 17.156 of this code and applicable provisions of state law.
I.
Nonconforming Zoning Conditions. Notwithstanding the provisions of Chapter 17.232 of this code, the construction of a two dwelling residential development shall not be contingent on the correction of any nonconforming zoning condition.
J.
Separate Sale or Conveyance. The dwelling units in a two dwelling residential development shall not be separately sold or conveyed unless located on parcels created under the provisions of Government Code Section 66411.7. However, the dwelling units shall be designed to allow the possibility for separate conveyance.
K.
Building Code. All local and state building code provisions applicable to dwelling units shall apply to two dwelling residential developments. A two dwelling residential development shall meet all local and state building code provisions necessary to accommodate separate conveyance of the dwelling units created thereby.
L.
Easements. Dwelling units in a two dwelling residential development shall not encroach on any easement.
M.
Effect of Other Ordinances, Policies, and Regulations. Two dwelling residential developments shall comply with all applicable ordinances, policies, and regulations of the Town, including, but not limited to, this code. Accordingly, an applicant for a two dwelling residential development is not entitled to construct such a development in any form of their choosing, but rather must accept the development configuration meeting all applicable standards. If no form of a two dwelling residential development can conform to all applicable ordinances, policies, and regulations of the Town, including, but not limited to, this code, then a property owner shall be entitled to construct a two dwelling residential development in the form that most substantially complies with applicable ordinances, policies, and regulations and allows two dwelling units of no less than 800 square feet in gross floor area each.
N.
Modification of Provisions. Where the Town is compelled to modify a provision(s) of this section and/or this code to allow a two dwelling residential development with two 800-square foot dwelling units, such modifications shall only permit the minimum deviation necessary to create a habitable structure pursuant to local and state building code provisions.
O.
Minimum Rental Period. Dwelling units in a two dwelling residential development shall not be rented for a period of less than 30 days and, if rented, shall comply with Chapter 8.08 of this code.
P.
Deed Restriction. A deed restriction, signed by the property owner(s) of record and the Planning Officer or designee, shall be recorded with the Napa County Recorder's Office, listing the restrictions and limitations applicable to two dwelling residential developments as identified below. The deed restriction shall be recorded prior to the final occupancy of the two dwelling residential development and run with the land, and shall be binding upon any future owners, heirs, or assigns. The deed restriction shall state:
1.
The dwelling units created thereby shall not be sold separately from the primary dwelling unit unless an urban lot split is approved pursuant to Section 17.158.020 of this code and Government Code Section 66411.7 and all local regulations addressed thereto are met;
2.
The dwelling units created thereby shall not be rented for a period of less than 30 consecutive calendar days and, if rented, shall comply with Chapter 8.08 of this code; and
3.
The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with any provisions of this section can result in legal action against the property owner, including revocation of any right to maintain the dwelling units on the property.
Q.
Development Impact Fees. Two dwelling residential developments shall be subject to payment of development impact fees.
R.
Street Address Required. A street addresses shall be assigned to each dwelling unit created by a two dwelling residential development to assist in emergency response.
S.
Separate Water and Electrical Services. Each dwelling unit created by a two dwelling residential development shall have water and electrical meters separate from other units on the parcel.
T.
Time Limits and Extensions. A two dwelling unit permit granted pursuant to this section shall be valid for two years from the date of issuance.
V.
Development Standards.
1.
Existing Structure Conversion. The following standards apply to a two dwelling residential development being created through the conversion of either an existing, permitted single-family dwelling into two dwelling units or an accessory structure creating a second dwelling unit on a parcel with a single-family dwelling:
a.
Minimum Unit Size. The minimum gross floor area shall be 150 square feet.
b.
Maximum Unit Size.
i.
Existing Single-Family Dwelling Conversion. The existing living area of a primary single-family dwelling can be divided into two separate dwelling units of any gross floor area.
ii.
Existing Accessory Structure Conversion. Up to 800 square feet of an existing accessory structure can be converted into a dwelling unit.
c.
Maximum Floor Area Ratio. The maximum floor area ratio shall be no greater than the gross area of the existing structure being converted.
d.
Maximum Lot Coverage. Lot coverage shall not be increased.
e.
Maximum Height. Maximum building height shall be no greater than the height of the existing structure being converted.
f.
Setbacks. No setbacks are required for a two dwelling residential development created within the walls of an existing single-family dwelling or accessory structure or within a replacement building constructed in the same location and to the dimensions as the existing structure.
2.
Two Dwelling Residential Developments—Addition to Existing Structure. The following standards apply to two dwelling residential development being created through an addition to either an existing single-family dwelling or accessory structure:
a.
Minimum Unit Size. The minimum gross floor area of each dwelling unit shall be 800 square feet.
b.
Maximum Unit Size. The maximum gross floor area of each dwelling unit shall be 800 square feet.
c.
Maximum Floor Area Ratio. The maximum floor area ratio shall be that assigned to the zoning district in which the development will be located.
d.
Maximum Lot Coverage. The maximum lot coverage shall be no greater than 60%.
e.
Maximum Height. The maximum height of a new addition to accommodate a two dwelling residential development shall be 16 feet. The height of a dwelling unit shall be measured in accordance with the definition of "building height" in Section 17.236.010 of this code. Notwithstanding the provisions of Chapter 17.104 of this code, architectural, decorative, and other roof elements (i.e., mechanical equipment, roof vents, chimney etc.) attached to a dwelling unit may not exceed this height limit.
g.
Maximum Setback Coverage. An addition to create a two dwelling residential development shall not cover more than 30% of the rear yard setback or 25% of the side yard setback established by the zoning district in which the development will be located.
h.
Fire Protection Building Separation Requirement. An addition to create a two dwelling residential development shall maintain a minimum building separation distance of three feet from any other building(s).
3.
Two Dwelling Residential Developments—New Detached Dwelling. The following standards apply to a two dwelling residential development being created through the construction of a new detached dwelling on a parcel developed with an existing, permitted single-family dwelling:
a.
Minimum Unit Size. The minimum gross floor area of a dwelling unit shall be 800 square feet.
b.
Maximum Unit Size. The maximum gross floor area of a dwelling unit shall be 800 square feet.
c.
Maximum Floor Area Ratio. The maximum floor area ratio shall be that assigned to the zoning district in which the development will be located.
d.
Maximum Lot Coverage. The maximum lot coverage shall be no greater than 60%.
e.
Maximum Height. The maximum height of a new detached structure shall be 16 feet.
g.
Maximum Setback Coverage. A new detached dwelling unit proposed in a two dwelling residential development shall not cover more than 30% of the rear yard setback or 25% of the side yard setback established by the zoning district in which the development will be located.
h.
Fire Protection Building Separation. A new detached dwelling unit shall maintain a minimum building separation distance of three feet from any other building(s) on the subject parcel.
4.
Two Dwelling Residential Developments—New Two Family Dwelling. The following standards apply to the creation of a two dwelling residential development through the construction of a new structure containing two dwellings or two separate dwelling units on an undeveloped parcel:
a.
Minimum Unit Size. The minimum gross floor area of each dwelling unit shall be 800 square feet.
b.
Maximum Unit Size. The maximum gross floor area of each dwelling unit shall be 800 square feet.
c.
Maximum Floor Area Ratio. The maximum floor area ratio shall be that assigned to the zoning district in which the development will be located.
d.
Maximum Lot Coverage. The maximum lot coverage shall be no greater than 60%.
e.
Maximum Height. The maximum height of a two dwelling residential development shall be 16 feet.
g.
Maximum Setback Coverage. A two dwelling residential development shall not cover more than 30% of the rear yard setback or 25% of the side yard setback established by the zoning district in which the development will be located.
h.
Fire Protection Building Separation. A new detached dwelling unit shall maintain a minimum building separation distance of three feet from any other building(s) on the subject parcel.
W.
Required Parking. The following parking requirements shall apply to all two dwelling residential developments:
1.
2.
On-site parking, when required, shall be provided in a garage, with each parking stall having a minimum dimension of 10 feet wide by 20 feet deep.
3.
Off-street parking shall comply with applicable standards in this code.
Y.
Denial if Impacts. The following requirement shall apply to all applications for new two dwelling residential developments.
1.
The application for a two dwelling residential development may be denied if the Planning Officer and/or Public Works Director makes written findings, based on a preponderance of evidence, that the proposed project would have a specific, adverse impact on public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was determined to be complete, as specified in Government Code Section 65589.5(d)(2).
(Ord. 22-510 § 1)
§ 17.158.020 Urban lot splits.
The following shall apply to urban lot splits proposed pursuant to the requirements of Government Code Section 66411.7.
A.
Purpose and Applicability. It is the intent of these regulations to support urban lot splits to accommodate the construction of two dwelling residential developments on parcels zoned Old Town Historic (H) and Single Family Residential (RS).
B.
Land Use, Zoning, and Density.
1.
Land Use. Parcels created by an urban lot split shall only be developed with and used for two dwelling residential developments and accessory residential purposes pursuant to the standards and requirements of Section 17.158.010 of this code.
2.
Zoning. Urban lot splits shall only be permitted for parcels zoned Old Town Historic (H) and Single Family Residential (RS).
3.
Density. Urban lot splits are not subject to the density requirements of the General Plan or this code or to the maximum density or unit count stipulated in any master plan and/or precise development plan applicable to properties zoned Old Town Historic (H) and Single Family Residential (RS).
C.
Definitions. The definitions below shall apply to this section only.
1.
"Dwelling unit(s)" has the same meaning as defined in Section 17.236.010 of this code.
2.
"Nonconforming zoning condition" means a physical improvement on a property that does not conform to current zoning standards.
5.
"Two dwelling residential development" has the same meaning as defined in Section 17.158.010 of this code.
6.
"Urban lot split" means a subdivision involving the division of an existing parcel into no more than two parcels and created under this section.
D.
Parcel Map and Application Requirements.
1.
Parcel Map Required. An urban lot split shall require the submittal of an application for a parcel map prepared in accordance with the provisions of the Subdivision Map Act (Government Code Section 66410 et seq.) and Title 16 of this code.
2.
Application Submittal Requirements. The submittal requirements for a parcel map to permit an urban lot split shall be established by separate policy published by the Public Works Director and/or the Planning Officer.
E.
Review Procedures, Notice, Action, Time Limit and Extension.
1.
Completeness Review. The Public Works Director or the Planning Officer or their designees shall determine whether the parcel map application for an urban lot split is complete pursuant to the requirements of Government Code Section 65943.
2.
Objective Standard Consistency. The Public Works Director and/or the Planning Officer or their designees shall provide an applicant for an urban lot split with written documentation identifying any inconsistencies with the objective standards applicable to the urban lot split within 30 days of the application being determined to be complete.
3.
Courtesy Notice. A courtesy notice shall be issued to adjacent properties and physically posted in a prominent location visible from the public right-of-way on the property by the Planning and Building Department a minimum of 10 days prior to the date of action on an urban lot split.
4.
Ministerial Action. The Planning Officer or designee shall render a ministerial decision without a public hearing on a parcel map application for an urban lot split but not prior to conclusion of the courtesy noticing period. The Planning Officer's action to approve or deny a parcel map for an urban lot split is final and not subject to appeal.
5.
Building Permit Issuance. A building permit for development on an urban lot split shall not be issued until after the parcel map is recorded with the County Recorder's Office.
6.
Denial if Impacts. The application for an urban lot split may be denied if the Public Works Director and/or the Planning Officer makes written findings, based on a preponderance of evidence, that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as specified in Government Code Section 65589.5(d)(2).
7.
Time Limit and Extension. A tentative map approved pursuant to this section that is not recorded with the county recorded as a parcel map within 24 months of the date of approval shall expire and become void, except where an extension of time is requested by the subdivider. A maximum extension of 12 months may be approved by the Public Works Director and/or the Planning Officer or their designees.
F.
Parcel Eligibility. An urban lot split shall be allowed on parcels located in the zones listed under subsection A above, except where:
1.
The subject parcel meets one or more of the criteria specified in Government Code Sections 65913.4(a)(6)(B) through (K);
2.
The subject parcel is a property on which the owner has exercised their rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date of submitting an application for a parcel map to create an urban land division.
3.
The parcel is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a Town or county landmark or historic property or district pursuant to a Town or county ordinance.
G.
Demolition and Alteration of Existing Structures. An urban lot split shall not require the demolition or alteration of the following types of housing:
1.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; or
2.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; or
3.
Housing that has been occupied by a tenant in the last three years.
H.
Subdivision Regulations. An urban lot split shall be subject to all objective subdivision standards in this code.
I.
Development Standards. An urban lot split shall be subject to all objective development standards in this code.
J.
Minimum Parcel Size. An urban lot split shall result in two parcels of a minimum gross area of 60% and 40% of the area of the original parcel being subdivided. However, in no instance shall a resulting parcel be less than 1,200 square feet in gross area.
K.
Minimum Number of Dwelling Units Required. A minimum of two dwelling units shall be proposed on each parcel created through an urban lot split.
L.
Maximum Number of Dwelling Units Permitted. A maximum of two dwelling units shall be permitted on each parcel created by an urban lot split. The units may consist of a single-family dwelling paired with an accessory dwelling unit, a single-family dwelling combined with a junior accessory dwelling unit, two detached dwellings, or a single structure divided into two dwelling units and located on a single parcel as regulated under Section 17.158.010 of this code.
M.
Owner Occupancy Required.
1.
The owner of a parcel being subdivided pursuant to Government Code Section 66411.7 shall occupy one of the housing units existing or constructed on one of the parcels created by the urban lot split as their principal residence for a minimum of three years from the date of approval of the urban lot split.
2.
The owner shall sign an affidavit stating their intent to occupy one of the housing units existing or constructed in the development as their principal residence for a minimum of three years from the date of approval of an urban lot split.
N.
Minimum Rental Period. Any dwelling unit located on a parcel created via an urban lot split that is offered for rent shall not be rented for a period of less than 30 days and, if rented, shall comply with Chapter 8.08 of this code.
O.
Nonconforming Zoning Conditions. The approval of an urban lot split shall not be contingent on the correction of any existing nonconforming zoning condition.
P.
Separate Sale or Conveyance. The dwelling units on parcels created through an urban lot split may be separately sold or conveyed. Accordingly, the dwelling units proposed on such parcels shall be designed to allow separate conveyance.
Q.
Building Code. All local and state building code provisions applicable to dwelling units shall apply to two dwelling residential developments. A two dwelling residential development shall meet all state and local building code provisions necessary to accommodate separate conveyance of the subject dwelling units.
R.
Effect of Other Ordinances, Policies, and Regulations. Urban lot splits shall comply with all applicable ordinances, policies, and regulations of the Town, including, but not limited to, this code. Accordingly, an applicant for an urban lot split is not entitled to lot configuration in any form of their choosing, but rather must accept the configuration meeting all such standards. If no configuration of an urban lot split can conform to all applicable ordinances, policies, and regulations of the Town, including, but not limited to, this code, then a property owner shall be entitled to an urban lot split in the form that most substantially complies with applicable ordinances, policies, and regulations.
S.
Access to Public Right-of-Way. All parcels created through an urban lot split shall have access to, provide access to, or adjoin the public right-of-way. If needed, such access shall be delineated, defined, and recorded as an irrevocable easement to guarantee access crossing another parcel subject to the urban lot split.
T.
Easements Required. Easements shall be required to ensure the provision of public services and facilities to support a two dwelling residential development constructed on the parcels created through an urban lot split and where such services and facilities are necessary to support existing development.
U.
Two Dwelling Residential Development. Parcels created through an urban lot split shall only be available for development with a two dwelling residential development subject to the requirements of Section 17.158.010 of this code.
(Ord. 22-510 § 1)
§ 17.158.030 Cost recovery agreement, deposits, and fees.
Applications for a two dwelling unit permit and/or an urban lot split shall be accompanied by an executed cost recovery agreement and deposits and fees required for such permits.
(Ord. 22-510 § 1)
§ 17.160.010 Purpose.
The intent of this chapter is to implement the policies and programs of the State of California and the Housing Element of the Yountville General Plan to encourage and facilitate the provision of affordable housing.
(Ord. 21-501 § 9)
§ 17.160.020 Inclusionary housing program.
A.
Applicability. The following developments are subject to the inclusionary housing requirements as provided in subsection B of this section:
B.
Inclusionary Requirements.
1.
Affordable Units Required.
a.
At least 15% of all new dwelling units in a residential development or subdivision subject to the provisions of this chapter shall be deed-restricted to be affordable to very low-, low-and moderate-income households ("inclusionary units") as provided below:
i.
For ownership units, the inclusionary units shall be approximately evenly divided among the three affordable income categories.
ii.
For rental units, the inclusionary units shall be evenly divided for very low-and low-income households.
iii.
Where the number of required affordable units is an odd number, the number of affordable units constructed for very low-income households may be one less than the number of affordable units constructed for low-income households.
2.
Bedroom Mix. The inclusionary units shall include a range of the number of bedrooms. No more than 25% of the inclusionary units shall be studios, and at least 20% of the required inclusionary units shall have more than one bedroom.
3.
Design of Inclusionary Units. Inclusionary units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same residential project. The applicant may reduce the size or interior amenities of the inclusionary units, such as fireplaces, garbage disposals, dishwashers, cabinet and storage space, bathrooms in excess of one, etc., as long as there are no significant differences between inclusionary and market rate units visible from the exterior of the dwelling units and the size and design of the dwelling units are reasonably consistent with the market rate units in the project, provided that all dwelling units conform to the requirements of the applicable building and housing codes.
4.
Location of Inclusionary Units. Affordable units shall be reasonably dispersed throughout the residential project, or may be clustered within the residential project when this furthers affordable housing opportunities.
5.
Construction of Inclusionary Units. All affordable housing units shall be constructed concurrently or prior to construction of market rate dwelling units of the development, unless the Town determines that extenuating circumstances exist.
6.
Type of Inclusionary Unit. In a development of for-sale dwelling units, a developer or owner shall have the option to construct rental dwelling units in a number sufficient to satisfy all or a portion of the affordable housing requirement of this chapter.
7.
Continued Affordability. Inclusionary units shall remain restricted and affordable to the targeted household(s) a minimum of 55 years for rental units and a minimum of 45 years for ownership units.
C.
Application Procedures. In addition to the information required for any associated permits or approvals, an applicant proposing to include inclusionary units in a project shall provide the following information:
1.
The number of proposed inclusionary units and their target households;
2.
Proposed sales prices or rents for the inclusionary units;
3.
The proposed location(s) of the inclusionary units;
4.
The unit size(s) in square feet, and number of bedrooms of the inclusionary units;
5.
A description of any proposed differences between the inclusionary units and other project units in terms of amenities;
6.
A schedule for the completion and occupancy of inclusionary units;
7.
A description of any requested assistance from the Town;
8.
An offer to reserve the inclusionary units for target households for the period required by subsection (B)(7) of this section.
D.
Annual Monitoring and Transfer Fees.
E.
Discretionary Permit Requirements.
1.
Every discretionary permit for a residential development project subject to the provisions of this chapter shall contain a condition detailing the method of compliance with this chapter.
2.
Every final and parcel map subject to the provisions of this chapter shall bear a note indicating how compliance with the requirements of this chapter will be met prior to issuance of a building permit for each lot created by such map.
F.
Incentives. The Town may approve a floor area ratio (FAR) bonus for the single-family homes in a project if more than the minimum number of inclusionary units is provided in accordance with the provisions of Section 17.100.040(A) of this title.
G.
Alternative Equivalent Actions. It is the intent that the inclusionary units required by this chapter be located within each residential development project in order to integrate such units throughout the community. However, under exceptional circumstances, a developer may propose to meet the requirements of subsection A of this section by an alternative equivalent action, subject to the review and approval by the Town Council.
1.
An alternative equivalent action may include, but is not limited to, the following:
a.
Land donation to a nonprofit housing developer. The dedicated land must be located within Town limits, appropriately zoned, buildable, and free of toxic substances and contaminated soils. It must be large enough to accommodate the number of required inclusionary units as indicated by a conceptual development plan. The Town Council may require that the donated land has been improved with infrastructure, utilities, and grading, and that any required development impact fees have been paid;
b.
Construction of inclusionary units on another site;
c.
In-lieu housing payment, consisting of a cash contribution to the Housing Opportunity Fund. Such payments may only be considered where an off-site affordable housing project has been approved and where the fees would be sufficient to assure construction of an equivalent number of affordable units (in addition to those required for the receiver site). Unless otherwise preempted by law, the in-lieu housing payment shall be paid prior to occupancy of the first unit in the project.
2.
A request for the approval of an alternative equivalent action shall be submitted at the time of application for a discretionary approval or building permit, whichever comes first, along with a report identifying:
a.
All overriding conditions that prevent the developer from meeting the requirement to construct the inclusionary units on-site;
b.
Sufficient independent data, including appropriate financial information, that supports the developer's claim that it is not feasible to construct the required inclusionary units on-site;
c.
A detailed analysis of why the concessions and incentives identified in subsection F of this section will not mitigate the identified overriding conditions that are preventing the construction of the inclusionary units on-site; and
d.
How the alternative will further affordable housing opportunities in theTown to an equal or greater extent than compliance with the express requirements of this chapter.
3.
Requests for approval of payment of alternative equivalent action in-lieu housing fees shall be considered on a case-by-case basis by the Town Council and may be approved at the Town Council's sole discretion if the Council determines that there are overriding conditions that prevent the developer of a residential development project from meeting the requirement to construct inclusionary units on-site and that the alternative equivalent action will further affordable housing opportunities to an equal or greater extent than compliance with the express requirements of this chapter.
H.
Housing Agreements. Developers of projects that include inclusionary units shall draft and agree to enter into a housing agreement with the Town. The terms of the draft agreement shall be reviewed and revised as appropriate by the Planning Officer and Town Attorney, who shall formulate a recommendation to the decision-making body for final approval.
1.
The housing agreement shall include at least the following:
a.
The number of inclusionary units and their target households;
b.
The standards for determining the affordable rent or affordable sales price for the inclusionary units;
c.
The location, unit size in square feet, and number of bedrooms of the inclusionary units;
d.
The tenure of use restrictions for the inclusionary units;
e.
A schedule for completion and occupancy of the inclusionary units;
f.
A description of any assistance being provided by the Town;
g.
A description of remedies for breach of the agreement by either party (the Town may identify tenants or qualified purchasers as third-party beneficiaries under the agreement);
h.
For ownership units, the first right of refusal to purchase by the Town at the maximum sales price that can be charged to an eligible household.
2.
The initial and subsequent purchasers of a for-sale inclusionary unit shall execute an instrument or agreement approved by the Town restricting the sale of the inclusionary unit in accordance with this subsection during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the inclusionary unit and shall contain such provisions as the Town may require to ensure continued compliance with this subsection, including, but not limited to, the following:
a.
The inclusionary unit shall be sold to eligible households at an affordable sales price;
b.
The inclusionary unit shall be owner-occupied with the exception of extenuating circumstances or hardship;
c.
The maximum sales price permitted on resale of an affordable unit intended for owneroccupancy shall not exceed the seller's purchase price, adjusted for the percentage increase in median income since the seller's purchase, plus the value of substantial structural or permanent fixed improvements to the property;
d.
The resale restrictions shall provide that in the event of the sale of an affordable unit intended for owner-occupancy, the Town shall have the first right to purchase or assign its right to purchase such affordable unit at the maximum price that could be charged to an eligible household. The resale restrictions may provide for additional options to purchase or to assign its right to purchase upon the occurrence of certain events, as required by the Town. The owner of an inclusionary unit who wishes to sell or vacate the unit shall provide the first right of refusal to purchase the unit to the Town and thereafter sell the unit in the manner and on terms and conditions set forth in the resale restrictions, as required by the Town;
e.
Upon notification of the availability of ownership units by the developer, the Town or its designee may seek, screen, and select qualified purchasers through a process involving applications and interviews. Where necessary, the Town may hold a lottery to select purchasers. The Town or its designee may review the assets and income of prospective purchasers on a household-by-household or family-by-family basis. The Town may select purchasers in accordance with a policy adopted by resolution that gives preference to households that live and/or work in the Town;
f.
In the event that the Town provides financial assistance for the inclusionary units in a development or assistance to its purchasers, it may impose resale conditions in which there is sharing of gains in equity. If Federal or State funds are a part of the financial assistance for a development, the Federal or State requirements and provisions shall prevail and not be amended by the Town Council.
3.
In the case of rental inclusionary units, the housing agreement shall provide for the following conditions governing the inclusionary units during the use restriction period:
a.
The rules and procedures for qualifying tenants, establishing affordable rent and filling vacancies;
b.
Provisions requiring verification of tenant incomes on an annual basis and maintenance of books and records to demonstrate compliance with this chapter;
c.
Provisions requiring the submittal of an annual report to the Town which includes the name, address, and income of each person occupying the inclusionary units, and the bedroom size and monthly rent of each inclusionary unit;
d.
Provisions allowing the Town or its designee to become involved with the screening and selection of prospective tenant units. The Town may select tenants in accordance with a policy adopted by resolution that gives preference to households that live and/or work in the Town. If inclusionary units are built or sponsored by an employer with no government financial assistance, including the waiver of fees, the Town Council will consider on a case-by-case basis allowing the employer to set aside some or all the inclusionary units for the exclusive occupancy of employees of the employer meeting all the income and family composition qualifying criteria for tenancy.
4.
Following execution of the agreement by all parties, the completed housing agreement, or memorandum thereof, shall be recorded and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of inclusionary units. The approval and recordation shall take place prior to final map approval, or where a map is not being processed, prior to issuance of building permits for such units. The housing agreement shall be binding on all future owners and successors in interest.
(Ord. 21-501 § 9)
§ 17.160.030 State density bonus program.
B.
Application Requirements and Review.
1.
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted with the first application for approval of a housing development and processed concurrently with all other applications required for the housing development. The application shall be submitted on a form prescribed by the Town and shall include at least the following information:
a.
A dimensioned site plan drawn to scale showing total number of lots and units and their areas; number and location of target units and type; number, size and location of parking spaces; number of two-story units and their height; floor area ratio calculations; site circulation; and the number and location of proposed density bonus units and type;
b.
Spreadsheet calculations describing the density bonus requested and the affordable units provided;
c.
Level of affordability of target units; calculations of affordability; and proposals for ensuring affordability;
d.
Description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. For all incentives and concessions except mixed use development, the application shall include evidence (e.g., economic analyses) that the requested incentives and concessions provide identifiable, financially sufficient, and actual cost reductions. For waivers or modifications of development standards, the application shall show and provide evidence (e.g., economic analyses) that the waiver or modification is necessary to make the housing units economically feasible and that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of State law at the densities or with the concessions or incentives permitted by this section;
2.
An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be considered by and acted upon by the Town Council. In accordance with State law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a General Plan amendment, zoning change, variance, or other discretionary approval.
3.
Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:
a.
If the density bonus is based all or in part on donation of land, the findings shall include the findings in California Government Code 65915(g);
b.
If the density bonus, incentive, or concession is based all or in part on the inclusion of a child care facility, the findings shall include the findings in California Government Code 65915(h);
c.
If a waiver or modification is requested, the developer has shown that the waiver or modification is necessary to make the housing units economically feasible;
d.
If concessions or incentives are requested, the findings shall include that the concessions or incentives granted result in identifiable, financially sufficient, and actual cost reductions.
4.
If a request for a concession or incentive is otherwise consistent with this section, the approval body may deny a concession or incentive if it makes a written finding, based upon substantial evidence, of either of the following:
a.
The concession or incentive is not required to provide for affordable rents or affordable ownership costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c); or
b.
The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to lower-and moderate-income households. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective and identified written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
5.
If a request for a waiver or modification is otherwise consistent with this section, the approval body may deny a waiver or modification only if it makes a written finding, based upon substantial evidence, of either of the following:
a.
The waiver or modification would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective and identified written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete;
b.
The waiver or modification would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
6.
If a density bonus or concession is based on the provision of child care facilities, the approval body may deny the bonus or concession if it finds, based on substantial evidence, that the Town already has adequate child care facilities.
7.
The Town retains full discretion to approve or deny the project for reasons unrelated to the density bonus, incentives, or concessions.
C.
Density Bonus Housing Agreement.
1.
Developers requesting a density bonus shall agree to enter into a density bonus housing agreement with the Town. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this section and shall be recorded as a restriction on any parcels on which the target units or density bonus units will be constructed.
2.
The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind on all future owners and successors in interest.
3.
The density bonus housing agreement shall include, but not be limited to, the following:
a.
The total number of units approved for the housing development, the number, location, and level of affordability of target units, and the number of density bonus units;
b.
Standards for determining affordable rent or affordable ownership cost for the target units;
c.
The location, unit size in square feet, and number of bedrooms of target units;
d.
Provisions to ensure affordability;
e.
A schedule for completion and occupancy of target units in relation to construction of nonrestricted units;
f.
A description of any incentives, concessions, waivers, or reductions being provided by the Town;
g.
A description of remedies for breach of the agreement by either party. The Town may identify tenants or qualified purchasers as third party beneficiaries under the agreement;
h.
Procedures for qualifying tenants and prospective purchasers of target units;
i.
Other provisions to ensure implementation and compliance with this section.
4.
In the case of for-sale housing developments, the density bonus housing agreement shall include the following conditions governing the sale and use of target units during the applicable use restriction period:
a.
Target units shall be owner-occupied by eligible very low-, low-, or moderate-income households, or by qualified residents in the case of senior citizen housing developments;
b.
The purchaser of each target unit shall execute an instrument approved by the Town and to be recorded against the parcel, including such provisions as the Town may require to ensure continued compliance with this section.
5.
In the case of rental housing developments, the density bonus housing agreement shall provide for the following:
6.
Density bonus housing agreements for child care facilities and land donation shall ensure continued compliance with all conditions included in their respective subsections.
(Ord. 21-501 § 9)
§ 17.160.040 Town density bonus program.
A.
Purpose. The purpose of this section is to encourage the provision of housing affordable to lower-income households by allowing substantial increases in density.
(Ord. 21-501 § 9)
§ 17.160.050 Requirements for nonresidential projects.
A.
Nonresidential development projects shall be required to pay a "fair-share" fee to assume responsibility for a share of the workforce housing needs generated by such development. The amount of the fair-share fee shall be established by resolution of the Town Council.
B.
Notwithstanding the foregoing, the requirement for the payment of fair-share fees for nonresidential development projects shall not apply to projects that fall within one or more of the following categories:
1.
That portion of any nonresidential development project located on property owned by the State of California, the United States of America, or any of their agencies, with the exception of such property not used exclusively for governmental or educational purposes; or
2.
Any nonresidential development project to the extent it has received a vested right to proceed pursuant to State law; or
3.
Uses operated by nonprofit organizations that provide food storage, meal service and/or temporary shelter to the homeless.
C.
As an alternative to the payment of the fair-share fee set forth in subsection A above, an applicant for a nonresidential development project subject to the requirements of this section may submit a request for compliance through the construction of residential units or the dedication of land or other resources. Such requests shall be considered on a case-by-case basis by the Town Council and shall be approved at the Town Council's sole discretion if the Town Council determines that such alternative compliance will further affordable housing opportunities in the Town to an equal or greater extent than payment of the housing fair-share fee.
D.
No temporary or permanent certificate of occupancy for a nonresidential development project subject to these requirements shall be issued until the permittee has paid the fair-share fee prescribed in subsection A or otherwise satisfactorily complied with the requirements of this section. Release of utilities shall not be authorized for any nonresidential development project until notification is received from the Planning Officer that all requirements of this section have been met.
E.
All fair-share fees collected under this section shall be deposited into the Town's Housing Opportunity Fund.
(Ord. 21-501 § 9)
§ 17.160.060 Loss of affordable units.
Where new construction would remove existing affordable housing units from the housing stock, these units shall either be:
A.
Reconstructed on-site;
B.
Relocated to another site; or
C.
Replaced with affordable units on-or off-site, provided that the required number of new affordable units is provided in addition to those existing.
(Ord. 21-501 § 9)
§ 17.162.010 Purpose and intent.
The purpose of this chapter is to establish objective standards and regulations to govern the subdivision of parcels and development of qualified residential units as authorized under Government Code Section 66499.40, which was adopted into law by Assembly Bill No. 803, effective January 1, 2022 ("AB 803"), for the following purpose:
A.
For the proper development of small home lot developments within the Town, taking care that these developments are properly sited and adhere to the Town's tree preservation and historic preservation ordinances, such that these developments are desirable to the community.
B.
If AB 803, as amended or renumbered from time to time, is ever repealed, deemed unconstitutional by a court of competent jurisdiction, or otherwise no longer in effect, this chapter shall be automatically repealed.
(Ord. 22-511 § 1)
§ 17.162.020 Eligibility.
A.
Under Government Code Section 66499.40(b)(1), only parcels zoned for multifamily residential development are eligible for small home lot development permits, including parcels located in the following zones:
B.
C.
A small home lot development permit is not available for any parcel where the permit would require the demolition or alteration of any of the following types of housing:
1.
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
2.
Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.
3.
A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within 15 years before the date the development proponent submits an application.
4.
Housing that has been occupied by a tenant in the last seven years.
(Ord. 22-511 § 1)
§ 17.162.030 Pre-application review.
Prior to filing an application, a potential applicant shall meet with the Planning Officer or her or his designee to discuss the application process, subdivision and project design, and the need for supplemental information.
(Ord. 22-511 § 1)
§ 17.162.040 Application.
A.
The applicant shall submit a small home lot development application in a form approved by the Planning Officer.
B.
All design drawings, as determined by the department, shall be prepared by an architect licensed by the California Architects Board.
C.
The applicant shall pay all impact fees, filing fees, and deposits as prescribed by resolution adopted by the Town Council.
(Ord. 22-511 § 1)
§ 17.162.050 Development standards.
A.
Building and Design Standards.
1.
All dwelling units shall have consistent exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.
2.
Roof decks are prohibited.
3.
All dwelling units shall install a new or separate utility connection.
4.
All electrical and utility services shall be undergrounded.
5.
If an adjoining property installed a solar energy system, the applicant shall submit a shadow study prepared by an engineer licensed by the Board of Professional Engineers, Land Surveyors, and Geologists or by an architect licensed by the California Architects Board. The shadow of any proposed development shall not cover more than 10% of the area of any solar energy system on any adjoining property.
B.
Density Standards. The development shall result in at least as many units as the maximum allowable residential density allowed under the General Plan and this code.
C.
Fire Safety Standards.
2.
Where two dwelling units are configured as sharing a common wall, a one hour fire wall between the units is required.
3.
All new dwelling units shall comply with Section 15.32.020 (Section 903.2 added—Automatic fire sprinkler system) and have fire sprinklers.
4.
All new dwelling units shall use fire-resistant building materials. The Planning Officer shall determine which materials qualify as fire-resistant.
E.
Height Standards. All new dwelling units shall comply with the height standards in the underlying zone in which the parcel is located.
F.
Lot Coverage Standards. The maximum lot coverage percentage shall be no greater than 60%. Lot coverage percentage means the total lot area that is occupied by buildings or structures that are roofed or otherwise covered or that are unroofed and have a finished floor.
G.
Lot Size Standards. The maximum lot size shall not exceed five acres.
H.
Open Space Standards. All new dwelling units shall comply with the open space standards in the zone in which the parcel is located.
I.
Parking Standards. All new dwelling units shall comply with the parking standards in the underlying zone in which the parcel is located, except that the required parking need not be enclosed or covered.
J.
Subdivision Standards. The small home lot development shall comply with all objective standards in the Subdivision Map Act (Government Code Section 66410 et. seq.) and Title 16 of this code, including, but not limited to, submission of a tentative subdivision map.
K.
Setback Standards.
1.
All new dwelling units shall comply with the front, side, and rear setbacks in the underlying zone in which the parcel is located.
2.
No setback is required between units, except as required by the California Building Code.
3.
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 and the California Building Code.
(Ord. 22-511 § 1)
§ 17.162.060 Historic preservation.
A.
If a project proposes to demolish a structure and the structure is of the type protected under Section 15.28.010 of this code, the applicant will prepare: (1) a written historic assessment or survey prepared by a qualified architectural historian certified by the Secretary of the Interior's standards from the list of qualified consultants on file with the planning and community preservation department which concludes that the property proposed to be demolished is not classified under the California Historic Resource Codes 1 to 5 - eligible for local listing or designation, or a contributor to an existing or potential district; (2) an application for replacement development project consistent with the standards and requirements of the applicable zoning district; and (3) an affidavit of posting of a sign at least three feet by four feet in size, located in a conspicuous place on the property abutting a public street or alley, identifying the property as the subject of an application for a demolition permit. Both the discretionary demolition permit and the application for the replacement development project shall be reviewed concurrently and no discretionary demolition permit shall be approved unless and until the replacement development project is approved. The reviewing body for a demolition permit shall be the same body or individual that would review and approve the accompanying replacement development project.
B.
All historic assessments or surveys shall be prepared in the form of State of California Department of Parks and Recreation Series 523 Forms and shall further report a status code of eligibility as a historic resource according to the California Office of Historic Preservation.
C.
When a historic assessment or survey results in a status code of categories one through five, inclusive, the applicant is required to obtain a historic resource design review prepared by a historian certified by the Secretary of Interior Professional Qualification Standards for the treatment of historic properties selected at the discretion of the Planning Officer. The historic resource design review will list measures to mitigate the harmful impact of the proposed project on the historic structure and those mitigation measures will be made a condition of approval of the small home lot development permit.
D.
When a historic assessment or survey results in a status code of category six, an applicant may proceed in accordance with this chapter.
E.
When a historic assessment or survey results in a status code of category seven, the property shall be reevaluated according to the missing criteria identified in such report; the application shall be deemed incomplete until a historic assessment or survey results in a status code of categories one through six.
(Ord. 22-511 § 1)
§ 17.162.070 Tree preservation.
Development of small lot home developments must comply with Chapters 12.16 (Trees) and 17.128 (Tree Preservation and Management).
(Ord. 22-511 § 1)
§ 17.162.080 Application review and findings.
A.
Preliminary Design Review.
1.
Upon submission of a complete application, the Planning Officer will schedule a preliminary design review hearing before the Zoning and Design Review Board.
2.
Public notice of an application shall be provided by the Town in a manner deemed reasonable in the sole discretion of the Planning Officer.
3.
The Zoning and Design Review Board shall provide comments to the applicant concerning the mass, form, spatial elements, materials, colors, and overall design to encourage the small home lot development to incorporate good design principles and to be compatible with its neighborhood and natural surroundings.
B.
In order to grant a small home lot development permit, the Planning Officer must find that the proposed project:
1.
Complies with all provisions of this chapter;
2.
Complies with all objective General Plan, Zoning Code, subdivision, and design standards;
3.
Complies with all provisions of state law; and
4.
The building official has not made written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as specified in Government Code Section 65589.5(d)(2).
(Ord. 22-511 § 1)
§ 17.162.090 Conditions of approval.
A.
Upon issuance of a small home lot development permit, the applicant shall sign and record a covenant stating the following:
1.
The applicant will comply with the provisions of this chapter.
2.
The applicant will comply with all mitigation measures as provided in the historic resource design review, as applicable, under Section 17.162.060 of this chapter.
§ 17.164.010 Purpose and application.
This chapter is intended to establish regulations for home-based businesses incidental to and compatible with surrounding residential neighborhoods and with minimal offsite impacts in order to promote the economic interests of residents and to reduce commute travel. The following specific rules and regulations established in this chapter shall apply in combination with the land use regulations of the applicable zoning district.
(Ord. 21-501 § 9)
§ 17.164.020 General conditions and operating standards.
The following general conditions and operating standards apply to all home occupations:
A.
Area and Location.
1.
The area devoted to a home occupation shall occupy no more than 25% of the gross floor area of the dwelling unit, portion of garage and auxiliary structures.
2.
No exterior operation of any home occupation is permitted.
3.
Home occupations conducted within a garage shall not eliminate or change the use of required off-street parking spaces.
B.
Employees. Employment shall be restricted to residents of the dwelling unit except that a major home occupation may have one nonresident employee on-site at any one time, provided that:
1.
The employee works under the direction of the dwelling resident and is not an independent or separate business enterprise;
2.
Hours of operation for a nonresident employee are between 8:00 a.m. and 6:00 p.m.;
3.
Parking for the nonresident employee is provided on site without reliance on on-street parking.
C.
Clients and Customers. The frequency of customers, clients, students, patients, or persons in similar relationships with a home occupation visiting the home for services or products shall be limited as follows:
D.
Sale, Storage, Distribution and Display of Goods.
E.
Off-site Impacts.
1.
No home occupation shall be permitted that:
a.
Creates noise, odor, light pollution or glare, electrical disturbances, dust, vibrations, fumes, or smoke readily discernible at the exterior boundaries of the parcel on which it is situated, including violation of any provision of Chapter 17.144, Regulations for Impact on Adjacent Uses, of this title;
b.
Involves the storage of equipment, vehicles, or supplies outside of the dwelling or any auxiliary structure;
c.
Involves the creation or storage of toxic or hazardous materials.
F.
Signs. One nonmoving and non-illuminated sign of up to one square foot may be permitted to identify the business.
G.
Business License. All home occupations shall have a valid Town of Yountville business license.
H.
Sales Tax. All home occupations that include retail sales from the premises shall report sales tax designating Yountville as the point-of-sale location.
I.
Homemade Food Operations. All homemade food operations that involve food preparation or packaging in the home kitchen shall obtain a permit from Napa County Environmental Health Department and submit a copy of this approval to the Town.
(Ord. 21-501 § 9)
§ 17.164.030 Permitted uses.
The following uses may be permitted as home occupations:
A.
Professional offices;
B.
Personal services, including incidental sale of associated products;
C.
Art and craft work, such as ceramics, painting, photography or sculpture;
D.
Homemade food operations;
E.
On-site retail sales of products produced on-site or associated with services provided, as limited by the restrictions on clientele in Section 17.164.020(C) of this chapter; and
F.
Uses deemed by the Planning Officer or the Town Council to be similar to the above mentioned and which comply with the requirements of Section 17.164.020(E) of this chapter.
(Ord. 21-501 § 9)
§ 17.164.040 Uses prohibited as home occupations.
The following are examples of uses and business activities that are not incidental to or compatible with residential activities, and therefore, are prohibited as home occupations:
A.
Adult entertainment,
B.
Animal hospitals or boarding,
C.
Automotive and other vehicle repair and service, except for vehicles owned by residents of the dwelling,
D.
Commercial cabinetry, carpentry, or furniture-making,
E.
Welding and machine shop,
F.
Contractor's storage,
G.
Nightclubs and similar entertainment venues,
H.
On-site meal service, and
I.
Other uses determined by the Planning Officer or the Town Council to be similar to the above mentioned.
(Ord. 21-501 § 9)
§ 17.164.050 Home occupation approval.
§ 17.168.010 Vacation time-share projects.
Vacation time-share projects are hereby prohibited within all designated land use areas in the Town of Yountville. In this chapter, the term "vacation time-share project" shall refer to any arrangement where the use, occupancy, or possession of real property circulates among purchasers of intervals of ownership according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year, regardless of the name used to describe this method of use, occupancy, or possession.
(Ord. 21-501 § 9)
§ 17.170.010 Title.
This chapter shall be known as the Washington Street Activation Zone Ordinance.
(Ord. 22-507 § 1)
§ 17.170.020 Purpose.
This chapter establishes a process to permit business owners in the Washington Street Activation Zone to use the outdoor area(s) associated with the business and/or the sidewalk area(s) located immediately in front of the place of business for accessory uses and/or quasi-public improvements.
(Ord. 22-507 § 1)
§ 17.170.030 Definitions.
means outdoor seating associated with a business; temporary retail; temporary food and beverage service; curbside pickup of food and beverages; and/or other outdoor uses authorized by the Planning Officer. Accessory uses shall conform to the standards and guidelines contained in or authorized by this chapter.
means improvements of a private and permanent nature that business owners place in the outdoor area(s) associated with the business and/or the sidewalk area(s) located immediately in front of the place of business, but which are of benefit to the general public. Quasi-public improvements shall conform to the standards and guidelines contained in or authorized by this chapter and may include, but are not limited to, benches, planters, tables, chairs, and landscaping features.
includes all properties abutting Washington Street, or within one block thereof, with a valid use permit authorizing a commercial use.
(Ord. 22-507 § 1)
§ 17.170.040 License agreement or permit.
A.
Business owners in the Washington Street Activation Zone may provide for accessory uses and/or quasi-public improvements by entering into a license agreement with the Town or securing a permit therefor as follows:
1.
If the accessory uses and/or quasi-public improvements will be, in whole or in part, in the sidewalk area(s) located immediately in front of the place of business or otherwise in the public right-of-way, the business owner shall enter into a license agreement with the Town, to be negotiated, executed, and administered by the Planning Officer or her/his designee. A license agreement approved hereunder shall be valid for one year, or a shorter period in the discretion of the Planning Officer, and subject to the provisions negotiated by the Planning Officer.
2.
If the accessory uses and/or quasi-public improvements will be wholly located in the outdoor areas associated with the business and not in the sidewalk area(s) located immediately in front of the place of business or otherwise in the public right-of-way, the business owner shall secure a permit therefor from the Planning Officer. A permit granted hereunder shall be valid for one year, or a shorter period in the discretion of the Planning Officer, and subject to any conditions imposed by the Planning Officer.
B.
The Planning Officer may approve a license agreement or grant a permit hereunder if the proposed accessory uses and quasi-public improvements:
C.
In approving, granting, or denying a license agreement or permit hereunder, the Planning Officer shall provide her or his decision in writing stating the reasons therefor.
D.
The Town Council may by resolution establish a fee for processing applications for license agreements and permits under this chapter.
(Ord. 22-507 § 1)
§ 17.170.050 Submittal requirements.
An application for a new or renewed license agreement or permit under this chapter shall be submitted on a form approved by the Planning Officer and shall include a scaled plan, drafted in a legible manner, showing the proposed location, size, number, and type of accessory uses and/or quasi-public improvements as well as a description thereof. Photographs and mock-up displays are encouraged and may be required in the discretion of the Planning Officer.
(Ord. 22-507 § 1)
§ 17.170.060 Standards, guidelines, and regulatory authority.
Accessory uses and/or quasi-public improvements in the Washington Street Activation Zone shall adhere to standards and guidelines prepared by the Planning Officer and approved by the Town Council. The Planning Officer may propose standards and guidelines and amendments thereto from time to time under this chapter and, when approved by the Town Council, the standards and guidelines shall be binding and enforceable as though set forth in this chapter.
(Ord. 22-507 § 1)
§ 17.170.070 Exceptions.
A.
A license agreement or permit under this chapter shall not be required for any outdoor use and/or quasi-public improvements authorized by this code or authorized by any other permit or entitlement issued under this code.
B.
A license agreement or permit under this chapter shall not be approved or granted for any accessory uses and/or quasi-public improvements prohibited by this code or prohibited by any other permit or entitlement issued under this code.
C.
A business owner with a license agreement or permit approved or granted under this chapter shall not be required to secure any other permit or entitlement under this code for the same accessory uses and/or quasi-public improvements for which the license agreement or permit was approved or granted.
(Ord. 22-507 § 1)
§ 17.172.010 Purpose.
The purpose of this chapter is to establish standards to ensure that the development of emergency shelters (shelters) does not adversely impact adjacent parcels or the surrounding neighborhood and that they are developed in a manner which protects the health, safety, and general welfare of the nearby residents and businesses. A use permit is required to establish a shelter that does not meet all requirements of this chapter.
(Ord. 21-501 § 9)
§ 17.172.020 Location.
A shelter may be established in the PF, Public Facilities District, provided that the property boundaries are located no more than 300 feet from any other shelter (measured property line to property line).
(Ord. 21-501 § 9)
§ 17.172.030 Maximum number of beds.
A maximum of six beds may be provided.
(Ord. 21-501 § 9)
§ 17.172.040 Length of stay.
The maximum length of stay at the facility shall not exceed 180 days per client in a 365-day period.
(Ord. 21-501 § 9)
§ 17.172.050 Hours of operation.
Shelters shall establish and maintain set hours for client intake/discharge. Hours must be prominently posted on-site. Clients shall be admitted to the facility between 5:00 p.m. and 8:00 a.m. All clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for that night.
(Ord. 21-501 § 9)
§ 17.172.060 Parking.
Facilities shall provide sufficient parking to accommodate all staff working in the emergency shelter, which shall be no greater than parking required for other residential or commercial uses with the same land use designation, as determined by the Planning Officer.
(Ord. 21-501 § 9)
§ 17.172.070 Lighting.
Adequate exterior lighting shall be provided for security purposes. The lighting shall be stationary, shielded and downcast, and directed away from adjacent properties and public rights-of-way.
(Ord. 21-501 § 9)
§ 17.172.080 Required facilities.
Shelters shall provide the following minimum facilities:
A.
The facility shall have adequate living space, shower and toilet facilities, and secure storage areas for its intended residents.
B.
Indoor client intake/waiting area of at least 120 square feet.
C.
Interior and/or exterior common space for clients to congregate shall be provided on the property at a ratio of not less than 15 square feet per client, with a minimum overall area of 120 square feet. Common space does not include intake areas. All exterior common space areas shall be enclosed.
D.
Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be 70 square feet plus 50 square feet for each occupant. Rooms used for sleeping shall meet the requirements of the California Building Code.
(Ord. 21-501 § 9)
§ 17.172.090 Operational facilities and services.
Shelters may provide one or more of the following types of common facilities for the exclusive use of residents:
A.
Central cooking and dining room(s) subject to compliance with Napa County Environmental Health Department requirements,
B.
Recreation room,
C.
Counseling center,
D.
Child care facilities, or
E.
Other support services intended to benefit homeless clients.
(Ord. 21-501 § 9)
§ 17.172.100 Shelter management.
Shelter management shall demonstrate that they currently operate a shelter within the State of California or have done so within the past two years and shall comply with the following requirements:
A.
At least one facility manager shall be onsite and awake at all times the facility is open. The manager's area shall be located near the entry to the facility. Additional support staff shall be provided, as necessary.
B.
An operational and management plan shall be submitted for review and approval by the Planning Officer. The approved plan shall remain active throughout the life of the facility, and all operational requirements covered by the plan shall be complied with at all times. At a minimum, the plan shall contain provisions addressing the following issues:
1.
Rules and Regulations. Provide standards governing expulsions, lights-out, etc.
2.
Security and Safety. Address both on-and off-site needs, provisions to ensure the security and separation of male and female sleeping areas, as well as any family in the facility.
3.
Loitering and Noise Control. Provide specific measures regarding operational controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site and/or when services are not provided.
4.
Litter Control. Provide for the regular daily removal of litter attributable to clients within the vicinity of the facility.
5.
Communication and Outreach. Provide policy for maintaining effective communication and response to operational issues which may arise in the neighborhood.
6.
Adequate and Effective Screening. Provide procedure for determining eligibility of clients and granting priority to Town of Yountville residents.
(Ord. 21-501 § 9)
§ 17.176.010 Scope.
The provisions of this chapter shall apply to all structures in the Old Town Commercial, Primary Commercial, Retained Commercial, and Residential-Scaled Commercial zoning districts, unless otherwise stated, including, but not limited to, properties that have been the subject of a foreclosure sale wherein title has been transferred to the beneficiary of a deed of trust involved in the foreclosure, and to any properties transferred under a deed in lieu of foreclosure or sale. All responsible persons shall comply with the requirements of this chapter.
(Ord. 21-501 § 9)
§ 17.176.020 Administration.
This chapter will be administered by, and may be enforced by, the Planning Officer, who may adopt administrative rules and regulations consistent with its terms.
(Ord. 21-501 § 9)
§ 17.176.030 General minimum maintenance requirements.
Responsible persons shall at all times maintain all structures they own, lease, rent or lawfully possess in the commercial zoning districts pursuant to the Yountville Municipal Code which contains Title 15 Building & Construction and Title 17 Zoning Ordinance, as amended by the Town Council.
(Ord. 21-501 § 9)
§ 17.176.040 Vacant commercial space registration.
A.
At least one responsible person for each vacant commercial space must register that space with the Town in accordance with this chapter within 10 consecutive days of the date the space becomes vacant commercial space as defined in this chapter.
B.
In order to register a vacant commercial space, as required by this chapter, a responsible person must submit to the Planning & Building Department, all of the following information in writing:
1.
The street address and assessor's parcel number of the vacant commercial space;
2.
The name, address, and daytime and evening telephone numbers of each responsible person for the vacant commercial space, including any owner or tenant;
3.
The period of time the vacant commercial space is estimated to remain vacant; and
4.
Any other information requested by the Planning Officer or designee for the administration of this chapter.
C.
A new registration shall be submitted for processing of a vacant commercial space subject to this chapter every six months from the initial approval for the period of time the space remains vacant. The application shall provide a new design for the vacant storefront space so as to freshen the space's appearance.
D.
The registration of a vacant commercial space subject to this chapter must be renewed within 90 consecutive days of its change of ownership.
E.
Registrations must be submitted on forms to be provided by the Planning and Building Department, which forms shall be filled out completely and signed by at least one responsible person.
F.
Upon satisfactory proof to the Planning Officer that a vacant commercial space is and has been occupied for at least 30 consecutive days, the vacant commercial space will be unregistered. Proof of physical occupation may include, but is not limited to, proof of the presence of usable furniture, office equipment, retail inventory or other equipment and inventory in the street-level commercial space that is consistent with the structure's intended and/or permitted use, and the regular presence of persons using the street-level commercial space for its intended and/or permitted use. Proof of physical occupancy must also include documentation of occupancy, which may include, but is not limited to, an executed lease agreement, or valid State and local business licenses indicating the subject space is the official business address of the person or business entity claiming occupancy.
G.
The determination of the number of vacant commercial spaces a structure contains for purposes of registration will be made by the Planning Officer but will primarily be based upon the number of separate doorways provided to access each suite. The number of vacant commercial spaces will be determined by the physical areas that have separate entrances to the commercial space from a public entry or a joint tenant corridor and/or entry to the commercial space.
H.
The provisions of this chapter shall not apply to a vacant commercial space if the window display area space is the subject of a current, valid building permit for repair or rehabilitation and the responsible person provides proof to the Planning Officer, such as receipts, invoices or executed contracts, that the repair or rehabilitation is proceeding without significant delay.
(Ord. 21-501 § 9)
§ 17.176.050 Window displays for commercial spaces not occupied for 90 days.
Whether or not a vacant commercial space is registered pursuant to this chapter, if any commercial space within the Commercial Zoning Districts has been unoccupied for more than 90 consecutive days at the time the ordinance codified in this chapter becomes effective or any time thereafter, then responsible persons shall immediately construct and/or install at least one of the following types of displays on or inside all ground-floor windows that face sidewalks, streets, alleys, or public open spaces:
A.
Faux window dressings containing goods or services with the visual characteristics of a vibrant business using background panels or other methods to screen views of the unoccupied space from the street, sidewalk, parking lot and courtyard areas;
B.
Works of art, including paintings, sculptures, or other examples of fine arts, or other displays of cultural, historical, or educational value, utilizing colorful and vibrant materials, and using background panels or other methods to screen views of the unoccupied space from the street, sidewalk, parking lot and courtyard areas;
C.
Paintings applied directly to the window surface featuring visually appealing, colorful, vibrant scenes, shapes, or images shall be visible on all street, sidewalk, parking lot and courtyard areas; or
D.
Other measures consistent with these examples, if approved in writing by the Planning Officer, in his or her discretion. Displays should cover 80% to 100% of the window. If the display does not cover the entire window, the unoccupied (or vacant) space should be screened to obscure it.
(Ord. 21-501 § 9)
§ 17.176.060 Fees for vacant commercial space registration.
A.
A responsible person shall be designated during the registration process and shall pay the initial registration fee and monthly inspection fee for each registered vacant commercial space that is separately owned or leased. In the case of a newly constructed or remodeled building in which individual spaces are not separately owned or leased, a single initial and monthly inspection fee shall be paid to cover all commercial spaces within the building. At least one responsible person must pay an initial registration fee to the Town at the time the space is registered and must pay an annual renewal registration fee by January 1st each following year that the space or spaces remain vacant. Registration fees will not be prorated. These registration and fee requirements are applicable to any vacant commercial space in the commercial districts at the time the ordinance codified in this chapter becomes effective or any time thereafter. The fee associated with initial registration fee and the monthly inspection fee shall be included in the Town's Master Fee Schedule.
B.
The fees are intended to recover the costs of administering this chapter and may be changed by resolution of the Town Council accordingly.
(Ord. 21-501 § 9)
§ 17.176.070 Delinquent fee-Collection.
Registration and inspection fees are a debt to the Town. If a responsible person fails to pay any fee imposed pursuant to this chapter by the due date, the Town is authorized to take action to collect the registration fee including a 10% per month late payment penalty and its costs of collection, including attorneys' fees, by use of any and all available legal means; in which case such penalties and costs incurred by the Town as a result of the collection process will be assessed to the responsible person or responsible persons in addition to the registration fee. Collection of delinquent fees pursuant to this section is not exclusive to any other legal remedy available to the Town to enforce the terms of this chapter or to recover a debt owed to the Town.
(Ord. 21-501 § 9)
§ 17.176.080 Duty to amend registration statement.
Responsible persons for any registered vacant commercial space shall advise the Planning Officer or designee, in writing, of any changes to the information on the registration form within 30 consecutive days of the occurrence of the change.
(Ord. 21-501 § 9)
§ 17.176.090 Inspections.
The Planning Officer is authorized to conduct inspections to enforce the provisions of this chapter.
(Ord. 21-501 § 9)
§ 17.176.100 Enforcement.
A.
The Town may enforce the provisions of this chapter by any of the provisions of the Yountville Municipal Code, which are in addition to any other remedies provided for by law. Said remedies shall be cumulative and not exclusive.
B.
It is unlawful for any responsible person to violate or fail to comply with any provisions of this chapter. Each responsible person commits a separate offense for each and every day they commit, continue or permit a violation of any provision of this chapter.
C.
Any responsible person violating any of the provisions of this chapter shall be deemed guilty of an infraction, and upon conviction, shall be punished as set forth in Government Code Section 36900 or the provisions of the Yountville Municipal Code, as it now exists or may hereafter be amended.
D.
All responsible persons are jointly and severally responsible with respect to compliance with all provisions of this chapter and for any payments required to be made to the Town under this chapter, including, but not limited to, registration fees, late penalties, and costs of collection and enforcement, including attorneys' fees and costs. If the commercial space is subject to a lease, the Town shall have discretion to determine whether to enforce this chapter against the commercial space owner, the tenant, or both of them.
(Ord. 21-501 § 9)
§ 17.178.010 Development incentives for commercial and mixed-use development.
Notwithstanding any other section of this Title 17, pertaining to commercial uses, the following incentives may be granted by the Town Council through design review approval as regulated by Chapter 17.188 of this title for specified commercial or mixed-use developments, however, floor area ratio (FAR) bonuses granted under this chapter shall not exceed a maximum bonus of 15%.
(Ord. 21-501 § 9)
§ 17.178.020 Professional office development incentives.
A.
Incentives. The following incentives may be granted by the Town Council for new or expanded commercial buildings within commercial zoning districts when professional office space is included in the development:
1.
Floor Area Ratio Increase. An optional FAR bonus of up to a maximum 0.15 may be provided when building space is created in conjunction with commercial development that is dedicated to the professional office use. The FAR bonus is applicable exclusively to the development of professional office space, or in combination with residential unit(s), developed in conjunction with commercial use space. The amount of square footage possible under the bonus provision is dependent upon, and limited by, the provision of parking for the professional office use in addition to that required for the commercial use and residential use, when applicable. None of the 0.15 FAR bonus shall be added to the commercial FAR to increase the base 0.25 commercial FAR allocation.
2.
Parking Configuration. Limited tandem parking to serve employees of the professional office use may be considered for approval on a case-by-case basis should the site be capable of accommodating such a configuration, provided the office use is administrative in nature, accessed only by employees, and does not generate client visits.
3.
Front Setback Reduction. Consideration shall be extended to reducing the front setback requirement at design review when doing so contributes to the development of professional office space. The front setback reduction shall be evaluated in relationship to its necessity in assisting or contributing to the provision of professional office space.
B.
General Conditions. The following general conditions are intended to provide supplemental guidance in applying the professional office development incentives:
1.
The purpose and intent of the professional office incentives is to increase the amount of leasable professional office square footage.
2.
Professional office incentives shall be applicable to leasable professional office space for new commercial projects and additions to existing commercial projects. Generally, "leasable professional office space" refers to occupancy of the office space created by use of the incentives to office uses not associated with other on-site uses, except as otherwise approved by the Town Council. Office space created by use of incentives shall be occupied by a professional office use only and shall not be converted to other uses and this restriction shall be applicable to successors in interest.
3.
Professional office space created by the use of incentives shall be sited to be ancillary and subordinate to the commercial uses on the same parcel. Within a mixed-use commercial development, professional office uses shall not occupy first floor/ground level, street fronting and facing building space which is reserved for commercial retail per the requirements of the Old Town Commercial and Retail Overlay zoning districts.
4.
Basement square footage, while exempt from FAR calculations, shall be included in the parking requirement calculation if the space is occupied by uses open to the public or otherwise generates a parking demand.
5.
Storage areas in attic space may increase due to the need to locate this function in an area that is exempt from FAR calculation. While attics do not constitute a floor, they have the potential to affect the roof shape and increase the bulk of the building and should be evaluated for design consistency and proportion with the overall building.
6.
Accessibility requirements per the California Building Code, including vertical access for new construction and existing construction (when applicable), shall apply.
7.
Parking standards for the overall project shall not be reduced as a result of office space developed under the incentive option.
(Ord. 21-501 § 9)
§ 17.178.030 Retail and service use development incentives.
Increases to the maximum floor area ratio (FAR) up to a maximum 0.15 may be granted by the Town Council for new or expanded commercial buildings in specified zoning districts when space for retail or personal service uses is included in the development.
(Ord. 21-501 § 9)
§ 17.178.040 Commercial development incentives for expansion of existing commercial buildings.
A.
Increases to the maximum floor area ratio (FAR) and modifications to required side and rear yard areas may be granted by the Town Council for expansion of existing commercial buildings if all of the following findings can be made:
1.
The additional floor area or modifications to required side and rear yard areas are either:
a.
Necessary to achieve compliance with requirements of the Napa County Environmental Health Department, the Americans with Disabilities Act (ADA), or resolves a building code or fire safety issue; or
b.
Enhances compatibility between adjacent uses by eliminating or reducing impacts from noise, lights, odor, and/or improves sanitation.
2.
The additional floor area or modifications to required side and rear yard areas maintains the existing, approved level of commercial use and does not result or contribute to intensifying the operational scope of the use, including the following:
a.
Additional restaurant seating or inn units;
b.
Creating a need for additional parking spaces;
c.
Creating a need for additional employees;
d.
Allowing for expanded hours of operation;
e.
Increasing traffic generation;
f.
Increasing water consumption or sewer generation; or
g.
Modifications to drainage patterns that adversely affect surrounding parcels.
3.
The additional floor area is not accessible to customers or guests (does not include ADA and safety related improvements). Improvements are generally associated with service and nonpublic operational areas and are visually subordinate to the overall building from the public way.
B.
FAR increases and modifications to yard setbacks shall be limited to the minimum area necessary to achieve compliance with subsection (A)(1) of this section. The Napa County Environmental Health Department, Fire Department, and/or Building Department shall be consulted to ensure the proposed construction will result in code compliance.
(Ord. 21-501 § 9)
§ 17.178.050 Mixed-use development incentives.
Increases to the maximum floor area ratio (FAR) up to a maximum 0.15 may be granted by the Town Council for new or expanded commercial buildings in specified zoning districts when space for housing is included in the development.
(Ord. 21-501 § 9)