ORDINANCE 02023-004
AN URGENCY INTERIM ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NAPA, STATE OF CALIFORNIA, TO
IMPLEMENT THE CITY'S OCTOBER 2022 GENERAL PLAN
UPDATE, COMMONLY KNOWN AS THE CITY OF NAPA 2040
GENERAL PLAN, BY AMENDING TITLE 17 OF THE NAPA
MUNICIPAL CODE TO ( 1) ADD INTERIM ZONING DISTRICTS
AND ASSOCIATED INTERIM ZONING REGULATIONS, ( 2)
AMEND THE ZONING MAP TO REZONE CERTAIN
PROPERTIES TO THE NEW INTERIM ZONING DISTRICTS, ( 3)
ESTABLISH INTERIM PROCEDURES FOR REVIEW OF PERMIT
APPLICATIONS, PENDING THE ADOPTION OF A
COMPREHENSIVE UPDATE TO THE ZONING CODE, AND ( 4)
IMPOSE A TEMPORARY MORATORIUM ON NEW OR
EXPANDED SERVICE STATIONS, AND DETERMINING THAT
THE ACTIONS AUTHORIZED BY THIS ORDINANCE ARE
EITHER EXEMPT FROM CEQA OR HAVE BEEN ADEQUATELY
ANALYZED AND ADDRESSED BY A PREVIOUS CEQA ACTION
WHEREAS, on September 20, 2022, by City Council Resolution 2022-085, the City Council certified that certain Environmental Impact Report for the City of Napa 2040 General Plan, and on October 18, 2022, by City Council Resolution R2022- 098, the City Council approved and
adopted an Addendum to the certified Environmental Impact Report for the City of Napa 2040 General Plan, which togetherare referred to herein as the " General Plan EIR"; and WHEREAS, on October 18, 2022, by the same City Council Resolution R2022-098, the City Council adopted the City of Napa 2040 General Plan (" 2040 General Plan"). The 2040 General Plan is the culmination of a three-year long process to identify, formulate and establish long-term goals, objectives and policies for the operation, maintenance, and developmentof the City and the City government through the year 2040; and WHEREAS, the 2040 General Plan reflects the community's vision for its growth and evolution, addressing a wide range of topics that affect the character and quality of life in Napa; and
WHEREAS, the 2040 General Plan addresses future land uses and new development, and includes policies for sustainable development by, among other things, making more efficient use of available land by allowing higher density development and minimizing the adverse effects of new development on the environment to ensure that it does not unduly contribute to global warming and climate change; and
WHEREAS, to implement and promote the community vision for new development across the City, the 2040 General Plan establishes several new general plan land use designations and Focus Areas" for which there are currently no applicable, corresponding zoning districts and developmentstandards in Napa Municipal Code Title 17, the City's existing zoning ordinance Existing Zoning Ordinance"); and
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Attachment 2
WHEREAS, beyond the fact that the Existing Zoning Ordinance does not recognizeand implement the 2040 General Plan's new land use designations and Focus Areas, many of the development standards and regulations in the Existing Zoning Ordinance that would apply outside the new land use designationsand Focus Areas were adopted to implement outdated policies intended to promote lower densitydevelopmentin a manner that is inconsistent with the goals and policies of the 2040 General Plan; and
WHEREAS, the 2040 General Plan also establishes new City policies regardingthe establishment of new zoning regulations limiting the construction of new fossil fuel stations, with the goal of promotingcompact, walkable development patterns that are integrated with a sustainable mobilitysystem that emphasizeswalking, biking, and usingpublic transit, which new policiesare not yet implementedby the City's ExistingZoningOrdinance.
NOW, THEREFORE, BE IT ORDAINED by the CityCouncil of the Cityof Napa as follows:
SECTION 1 FINDINGS.
The City Council hereby finds and determines, based on the consideration of all information related to this matter, including without limitation all information and testimony presented at all the public meetingsand hearingsconducted on the 2040 General Plan, and includingany supporting reports byCitystaff, and any other information or evidence ( in writingor oral testimony) as follows:
A. The recitals to this Ordinance, set forth above, are true and correct and provide bases for the City Council's adoption of this Ordinance.
B. The actions authorized by Section 3 of this Ordinance, establishing a temporary moratorium on new or expanded Service Stations, are exempt from the requirements of CEQA pursuant to Section 15160 of Chapter 3, Title 14, of the Califomia Code of Regulations because it can be seen with certaintythat there is no possibility that the moratorium may have a significanteffect on the environment, and the actions authorized by Section 4 of this Ordinance, establishingnew zoning districts and zoning regulations to implement the 2040 General Plan, were adequately analyzedby the General Plan EIR certified by the City Council on September 20, 2022, by City Council Resolution R2022- 085.
C. It is the policy of both the State of California and the Cityof Napa that all new development approved by the City be consistent with the approved 2040 General Plan and the City's approved Zoning Ordinance, and that the applicable zoning regulations for new development be consistent with the 2040 General Plan.
D. Significant and substantial evidence was presented to the City Council in the months leading up to the adoption of the 2040 General Plan that many of the new goals, objectives and policiesof the 2040 General Plan, includingthe new land use designations and Focus Areas and the new policies intended to limit the construction of new or expanded fossil fuel stations, are not implementedbythe City's ExistingZoningOrdinance, and the City's continued use of the Existing Zoning Ordinance to review and approve new permit applicationswould not adequatelypromote or implement the 2040 General Plan and could lead to developmentthat is inconsistent with or contrary to the goals, objectivesand policiesof the 2040 General Plan.
E. Ample and substantial evidence exists in the record to support the determination that updates to the ExistingZoningOrdinance are warranted and necessary to implementthe goals, objectivesand policies of the 2040 General Plan relatingto the new land use designations and Focus Areas and new policies regarding fossil fuel stations, and the 02023-004 Page 2 of 31 April 18, 2023
current absence of zoning regulationsrelatingto the new land use designations, Focus Areas, and new policies regardingfossil fuel stations creates the possibilityof new development or uses that may be inconsistent, or in conflict, with the 2040 General Plan, which constitutes a current and immediate threat to the public health, safetyand welfare.
F. Consistent with Goal CCS-2 and Policy CCS 2-1 of the 2040 General Plan, the City Council has directed City staff to study and develop new regulations for the City Council's consideration to ( i) limit the construction of new fossil fuel stations and limit the addition of new fossil fuel pumps at existingfossil fuel stations; and ( ii) encourage the accommodation of alternative fuels and alternative modes of transportation at new and existing businesses.
G. The approvalof any applicationthat proposes new fossil fuel pumps, prior to the City Council's consideration of and action on new regulationsconsistent with Goal CCS-2 and Policy CCS 2-1 of the 2040 General Plan would constitute a substantial threat to the public health, safety and welfare, and therefore the adoption of this ordinance temporarily prohibitingthe approval or development of any new fossil fuel pumps is necessary for the immediate preservationthereof, as identified herein.
H. The CityCouncil previously directed Citystaff to take steps to implement the new land use designationsand Focus Areas described in Sections 2.3 ( Land Use Framework) and 2.5 Focus Areas) of the 2040 General Plan and ensure that all new development in the City is consistent with the 2040 General Plan, and pursuant to such direction, City staff has developedand presented to the City Council the Interim ZoningRegulationsset forth in this ordinance.
I. Because the areas that are the subject of the new 2040 General Plan land use designations and Focus Areas are addressed in the ExistingZoning Ordinance and are subject to regulations in the Existing ZoningOrdinance that are inconsistent with the goals, objectives and policies of the 2040 General Plan, the approval of any application submitted in conformance with the Existing Zoning Ordinance could result in land use approvalsand development that is inconsistent with the 2040 General Plan, and therebyrepresent an immediate threat to the public health, safety and welfare, as indicated herein.
J. This ordinance is supported by (i) Section 62 of the City Charter of the City of Napa, in that it is an emergency ordinance necessary for the immediate preservation of public peace, property, health or safety and supported by an affirmative vote of at least four ( 4) members of the City Council; and ( ii) Califomia Government Code Sections 36937 and 65858, in that it is an interim ordinance adopted as an urgency measure for the immediate preservation of and to protect the publichealth, safetyand welfare byprohibitinguses that may be in conflict with the 2040 General Plan, in the absence of this ordinance there is a current and immediate threat to the public health, safety and welfare, and it is supported by four - fifths ( 4/5) of the City Council.
K. This ordinance is adopted in accordance with Article XI, section 7 of the Constitution of the State of California, by which the City is authorized to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and in accordance with Article XI, section 5 of said Constitution, which authorizes charter cities, such as the City of Napa, to make and enforce all ordinances and regulationsrespecting municipal affairs.
SECTION 2 DEFINITIONS
All definitions in the ExistingZoning Ordinance are incorporatedby reference, except where expressly superseded by this Ordinance. As used in this Ordinance:
02023-004 Page 3 of 31 April 18, 2023
A. " Best Fit Zoning District" refers to the zoningdistrict(s) in the ExistingZoning Ordinance that most closely corresponds with the applicable 2040 General Plan Land Use Designation for a givenPermit Application, as determined by the Director pursuant to the Permit Application Review Process set forth in Section 4.1 of this Ordinance.
B. " Chapters" and " Sections" with a " 17" prefix refer to the respective chapters and sections in the Existing Zoning Ordinance.
C. " Decision - Making Body" has the meaning set forth in Napa Municipal Code section
17.06.030.
D. " Director" means the Community Development Director of the City of Napa, or his or her designee.
E. " Discretionary processing" or " discretionary approval" means a process for approval of a Permit Application that requires the exercise of judgment or deliberation by the decision - maker to assess whether approval of the Permit Application would promote or impede adopted legislativepolicies and determine the wisdom or manner of carrying out the Project, regardlessof whether the Projectdescribed in the Permit Applicationwould satisfy the applicable, objective standards.
F. " Drive - ThroughUse" has the meaning set forth in Napa MunicipalCode section 17.06.030.
G. " Existing Zoning District" means a Zoning District that was established by the Existing ZoningOrdinance, prior to the adoption of this Ordinance.
H. " ExistingZoningOrdinance" means the ordinance codified in Title 17 of the Cityof Napa MunicipalCode as it existed immediatelypriorto the effective date of this Ordinance.
I. " General Plan" means the City of Napa 2040 General Plan adopted by the City Council by Resolution R2022-098 on October 18, 2022.
J. " General Plan Land Use Designations" means the land use designations shown on and established by Figure2-3 of the 2040 General Plan entitled " Land Use Diagram." K. " Interim Zoning District" means a Zoning District that is established by Section 4.D of this Ordinance to implement the General Plan Land Use Designations.
L. " Ministerial processing" or " ministerial approval" means a process for approval of a Permit Application involving no personal or subjective judgment by the decision - maker as to the wisdom or manner of carryingout the Project. The decision - maker merely ensures that the Projectmeets all the applicable objectivestandards in effect at the time that the Permit Applicationis submitted to the City, such standards beinguniformlyverifiable byreference to external and uniform benchmarks or criterion available and knowable by both the applicant and the decision - maker.
M. " Ordinance" means this Ordinance adopted by the City Council on April 18, 2023.
N. " Permit Application" means any application for a permit or approval requiredby Title 17 Zoning) of the City of Napa Municipal Code that was received on or after October 19, 2022, and that has not been approved as of the effective date of this Ordinance, except for the following:
a. An application for a ministerial approval which was received by the City and determined or deemed to be complete
pursuant to Government Code section 65943 on or before
October 18, 2022.
02023-004 Page 4 of 31 April 18, 2023
b. An application for a discretionaryapproval, which was received by the City and determined or deemed to be
complete pursuant to Government Code section 65943 on
or before October 18, 2022.
c. Any application for a permitor approval for which the City determines that the applicant has, under any applicable provision of state law or the Napa Municipal Code, a vested right to proceed with development in substantial compliance with the City's ordinances, policies, and standards in effect on October 18, 2022 prior to the City Council's approval of the 2040 General Plan, including without limitation
applicationsfor permitsor approvalsin accordance with an approved development agreement or an approved vesting
tentative subdivision map or final map.
O. " Project" means a proposal for a new or changed use or structure that is described in a Permit Application.
P. " Service Station" has the meaning set forth in Napa Municipal Code section 17.06.030; provided, however, that for purposes of this Ordinance, the term " Service Station" shall not include any facility or use exclusively for recharging batteries of fully electric or plug- in hybrid vehicles.
Q. " Zoning District" refers to each and every district established by the Zoning Ordinance, including both the zoning districts described in the Existing Zoning Ordinance and the Interim Zoning Districts described in the 2040 General Plan that are established by this Ordinance and delineated in Exhibit A.
R. " ZoningMap" means a map or maps that are a part of the ZoningOrdinance and delineate the boundaries of zone districts.
S. " Zoning Ordinance" means the Zoning Ordinance of the City of Napa, including both the ExistingZoningOrdinance and this Ordinance.
SECTION 3 ADOPTION OF A TEMPORARY MORATORIUM ON NEW OR EXPANDED SERVICE STATIONS.
The City Council hereby adopts an uncodified temporary moratorium on the construction or development of new or expanded Service Stations to read as follows:
A. Purpose and Scope. The General Plan establishes as policies of the Cityof Napa to limit the construction of new fossil fuel stations and fossil fuel pumps at new and existing businesses. The City's Existing Zoning Ordinance does not implementthese newly established policies, and as a result, the approval of Permit Applications consistent with the City's Existing Zoning Ordinance could lead to development that is inconsistent with or contrary to the General Plan. Therefore, this urgency interim ordinance is adopted to prohibit the approval or construction of new or expanded Service Stations ( the Moratorium") until the City has had an opportunityto develop and consider new regulations to apply to Permit Applications for new and expanded Service Stations.
B. Uncodified Amendments to Zoning Regulations. The Moratorium includes the following elements:
1. Section 17.10.020 ( Land Use Regulations) of Chapter 17.10 ( Commercial Districts) of Title 17 of the Napa Municipal Code is hereby amended to change the 02023-004 Page 5 of 31 April 18, 2023
designation for " Service Stations ( including minor repairs)" in subsection A.6 Motor vehicle sales and service) of Table A — Commercial Districts from Conditional" (" C") to " Not Allowed" ( Blank), for all Zoning Districts.
2. Section 17.14.020 ( Land Use Regulations) of Chapter 17.14 ( Industrial Districts) of Title 17 of the Napa Municipal Code is hereby amended to change the designationfor " Service Stations ( including minor repairs)" in subsection B.6 Commercial Uses, Motor vehicle sales and service) from " Conditional" (" C") to Not Allowed" ( Blank), for all Zoning Districts.
3. Section 17.28.030 ( Land Use Regulations) of Chapter 17.28 ( MP 02006 17 — Gasser Master Plan Districts) of Title 17 of the Napa Municipal Code is hereby amended to change the designation for " Service Stations ( includingminor repairs)" in subsection A.5 ( Commercial Uses, Motor vehicle sales and service) from Conditional" (" C") to " Not Allowed" ( Blank), for all Zoning Districts.
C. Application of Moratorium to Non - Conforming Uses. This Moratorium prohibits the expansion or modification of existing Service Stations that are operating as non- conforminguses under Section 17.52.320 of the ExistingZoningOrdinance, such that the expansion or modification would require a Permit Applicationas defined by Section 2.N of this Ordinance. This Moratorium does not preclude or otherwise affect the continued operation of such non - conforming uses.
SECTION 4 ESTABLISHMENT OF INTERIM ZONING REGULATIONS.
A. Purpose. The purpose of these Interim ZoningRegulationsis to implement the General Plan.
B. Applicability. The Interim Zoning Regulations set forth in Section 4 of this Ordinance shall apply citywide to all Permit Applications, as defined in this Ordinance. As theyapply to the City's review and consideration of Permit Applications, these Interim Zoning Regulations supersede any conflicting provisions of the Existing Zoning Ordinance in effect on the effective date of these Interim Zoning Regulations, and such conflicting provisions of the Existing Zoning Ordinance shall be ineffective during the effective period of this Ordinance.
C. Land Use Definitions to Implement Interim Zoning Regulations. The following definitions are for purposes of implementing the Interim Zoning Regulations established by Section 4 of this Ordinance.
Artisan/Small-Scale Manufacturing. The artisan/small-scale manufacturing use type refers to establishments primarily engaged in on - site production of goods by hand manufacturingor artistic endeavor, which involves onlythe use of hands tools or domestic mechanical equipment not exceeding five horsepower or kilns not exceeding 25 kilowatts, and the incidental direct sale to consumers of only those goods produced on site. Typical uses include ceramic studios, candle makingshops, and custom jewelry manufacturers.
Artist's Studio. Workspacefor an artist or artisan, includingindividuals practicing one of the fine arts or performingarts, or an appliedart or craft. This use may include incidental displayand retail sales of items producedon the premisesand instructional space for small groups of no more than 18 students per instruction. It does not include jointliving and working units ( See Live - Work).
02023-004 Page 6 of 31 April 18, 2023
Studio - Light. Small-scale art production that is generallyof a low impact and no more than a maximum floor area of 2,500 square feet. Typicaluses include painting, photography, jewelry, glass, textile, and pottery studios.
Studio - Heavy. Art productionon a medium or largescale generallyusingheavy equipmentand greater floor area than 2,500 square feet. Typical uses include large-scale metal and woodworking studios.
Brewpub. A full -service or limited - service restaurant with a micro -breweryas an accessory use. A brewpubmay sell other supplier's beer, including other hand-crafted or micro - brewed beers as well as wine to patrons for consumption on its premises.
Breweries, Limited. Small-scale facilities that producebeer and similar beverages onsite.
Brewery, Brew - on - Premises. A do-it-yourself brewerywhere customers produce craft style beer or wine on the premises of a brewery or micro - brewery.
Customers also may purchase the ingredients, rent the equipment, time, and space, and be provided assistance by an on - site brewmaster.
Micro - brewery. An establishment that producesannuallyless than 15,000 barrels of ales, beers, meads, hard ciders and/or similar beverages onsite. Micro - breweries may also serve beverages onsite and sell beveragesfor offsite consumption pursuant to the regulationsof the California Departmentof Alcohol Beverage Control and the federal Bureau of Alcohol, Tobacco, and Firearms.
Catering Service. A business that prepares food for consumptionon the premisesof a client or at any other location separate from where the food was prepared.
Cultural Facility. Facilities engagedin activities to serve and promote aesthetic and educational interest in the communitythat are open to the publicon a regularbasis. This classification includes performingarts centers for theater, music, dance, and events; spaces for displayor preservation of objectsof interest in the arts or sciences; libraries; museums; and public art galleries. It does not include schools or institutions of higher education providing curricula of a general nature.
Media Production. Facilities for production of motion pictures, television, video, sound, computer, and other communications media production.
Offices for Walk - In Clientele. Offices providing direct services to patrons or clients without prior appointments. This use classification includes employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials. It does not include banks or check - cashingfacilities, which are separatelyclassified and regulated.
Printing & Publishing. A use engagedin printingby letterpress, lithography, gravure, screen, offset, or electrostatic ( xerographic) copying; and other activities servingthe printingtrade such as bookbinding, typesetting, engraving, photo -engravingand electrotyping. This use also appliesto the publishingof newspapers, books, and periodicals; manufacturingbusiness forms and bindingdevices. Quick printingservices are included in the Printing and Copying use classification. 02023-004 Page 7 of 31 April 18, 2023
Research and Development. The research and development use typerefers to establishments primarilyengagedin the research, development, and controlled productionof high-technology electronic, industrial or scientific products or commodities for sale, but excludes uses that may be objectionableby reason of production of offensive odor, dust, noise, brightlights, vibration or the storage of hazardous material or products, or uses that threaten public safety. Typical uses include biotechnologyand software development firms.
Retail Sales.
General Retail Sales, Small - Scale. The retail sale or rental of merchandise not specifically listed under another use classification. This classification includes retail establishments with 25,000 square feet or less of sales area; including departmentstores, clothingstores, furniture stores, pet supply stores, small hardware and gardensupply/nurseries stores, and businesses retailing goods including, but not limited to, the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic suppliesand services ( including portraiture and retail photo processing), medical suppliesand equipment, pharmacies, electronic equipment, sportinggoods, kitchen utensils, hardware, appliances, antiques, privateart galleries, art supplies and services, glass and windows, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, video rental, and new automotive parts and accessories ( excluding vehicle service and installation). Retail sales may be combined with other services such as office machine, computer, electronics, and similar small - item repairs.
General Retail Sales, Large -Scale. Retail establishments with over 25,000 square feet of sales area that sell merchandise and bulk goodsfor individual consumption, includingmembership warehouse clubs, where sales of grocery items do not occupy more than 25 percent of the floor area.
With Drive - Through. A retail establishment with drive -throughfacilities.
D. Interim Zoning Districts Established. The purpose of this subsection D is to establish the followingInterim Zoning Districts consistent with the General Plan. The locations and boundaries of the Interim Zoning Districts are delineated in Exhibit A attached hereto and incorporated herein.
1. MU - R Residential Mixed Use. The Residential Mixed Use district prioritizes residential development with associated non-residential development, neighborhood -scale retail and office space. In addition to a mix of housingtypes, other uses like live/work units, artist studios, and businesses that are less than 10,000 square feet are permitted. The maximum FAR for all uses, inclusive of residential, shall be 1.0. Residential units are required with densities ranging between 16 and 40 housingunits per gross acre.
2. MU - CL Corridor Mixed Use Low. The Corridor Mixed Use Low district provides for developmentsthat integrateresidential and non-residential uses. It is intended for a mixture of uses in a singlebuilding; however, if a mixture of uses is infeasible due to site constraints or development costs, single uses are allowed, including neighborhood and community retail; eating and drinking establishments; small- scale commercial recreation; residential; financial, business, and personal 02023-004 Page 8 of 31 April 18, 2023
services; educational and social services; and offices. The maximum FAR for all uses, inclusive of residential, shall be 1.5. No separate residential density standards shall apply.
3. MU - CH Corridor Mixed Use High. The Corridor Mixed Use High district is intended to promote a vibrant and walkable environment with mid - rise ( typically 55 feet or lower) mixed - use development and allows for more intensive development than the Corridor Mixed Use Low District. Permitted uses include neighborhood and community retail; eatingand drinkingestablishments; commercial recreation; hotels and visitor services; residential; financial, business, and personalservices; educational and social services; and office. The maximum FAR for all uses, including residential, shall be 2.0. For developments along Soscol, Lincoln, and Imola avenues, a minimum 0.15 FAR non-residential use is required. No separate residential density standards shall apply.
4. AF Active Frontage Overlay. The Active Frontage Overlaydistrict is intended to attract more pedestrians and create and promote an active street front along certain arterial streets within Focus Areas identified in the General Plan to unify and strengthen the streets where it applies. This will enhance the visual character of these streets and help attract more patronage for retail shops and local businesses.
E. Effect of Ordinance on Existing Zoning Districts. To the extent that the ExistingZoning Ordinance appliesa different zoningdistrict designationto any area within the boundaries of an Interim ZoningDistrict established by this Ordinance, the zoning district designation of the Existing Zoning Ordinance shall be superseded and have no force or effect during the term of this Ordinance.
F. Basis for Interim Zoning Map. The Interim Zoning Districts established in Exhibit A are based on the General Plan Land Use Designations for Mixed Use and the overlay designations in the General Plan Focus Area maps for pedestrian -oriented development.
G. Interim Zoning District Regulations. The purpose of this subsection G is to establish use and development regulations for the Interim Zoning Districts.
1. Uses Permitted, Conditionally Permitted, and Prohibited. Land uses, as classified in the ExistingZoningOrdinance and in this Ordinance, are permitted, conditionally permitted, or prohibited in the Interim Zoning Districts as indicated in Table 1. Permitted uses are indicated by a " P", conditionally permitted uses are indicated by a " C", uses subject to specific standards in Chapter 17.52 are indicated by a " S", and prohibited uses are indicated by a blank. Where a subclassification, which is indented, has a different designation from the one given to the more general land use, that designation governs. An " L" designation followed by a number refers to a numbered list of specificlimitations or permit requirements listed at the end of the table. Conditionally permitted uses are allowed upon the approval of a use permit pursuant to chapter 17.60 of the Zoning Ordinance and any additional findingsthat may be required by this Ordinance.
TABLE 1: DRAFT LAND USE REGULATIONS FOR MIXED USE ZONES P = Permitted C = Conditional L = Limited; see notes at end of table S = Specific Standards Apply; See Chapter17.52 T = Temporary use permit Blank = Not Allowed
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Zoning Districts MU - R MU - CL MU-Ct
Additional
Regulations
A. Commercial Uses
1. Animal care and sales
Animal care facilities, excludingexterior pens or
runs
P P
Animal retail sales and supplies, excluding
exterior pens or runs
P*
P* P* C if open after 10
PM or if > 5,000 sf
Taxidermyshops P
2. Business sales and service
Locksmith P P
Office fumiture sales and rentals P
Office supplyand equipmentshops (incl.
accessory repair)
P
Printing and copy shops P P P
Printingand publishing P
3. Food and beverage service establishments, stores
Food service establishments See subclassifications
below For cocktail lounges
and bars, see Sec,
17.52.070
Drive - through, see
Sec 17.52.160
C if operating 24
hours or before 7AM
and/or adjacentto
residential
With or without accessory serving of beer or
wine
P
P PC
With a bar, live entertainment or dancing CS
With drive - throughuse CS CS CS
Food and beveragestores, specialty P P P
Bakeries, retail P* P* P*
Brewpubs C
Cateringservice P
Convenience market C P P
Grocerystores and supermarkets L1 P P
Liquorstores C C
4. Motor vehicle sales and service
Sales, new or used vehicles ( including repair
accessory to sales)
C
Sales, parts and supplies ( and accessory
service)
P P
5. Personal services
Artist studio, light P P P
Artist's studio, heavy P
C if > than 5,000 sf
Barber shops, beauty salons, nail salons,
personal grooming
P P
P
Check cashing, bail bond services C
Drycleaning, Laundromats, laundries P* P* P*
Mail services P P P
Shoe repairand shoeshine P P P
Tailor/seamstress P P P
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Zoning Districts MU - R MU - CL MU - CH
Additional
Regulations
Travel agencies P
Weightloss establishments P
6. Recreation facilities, commercial
P P
P P
Health clubs/gyms
Health spas
7. Retail uses
P* P* P*
P P P
C if > than 5,000 sf
Auctions
General Retail Sales
See subclassifications
below
Large scale
Small scale
C
L2 P P
With drive throughuses CS CS CS
Second hand and pawn shops
Shoppingcenters
8. Visitor accommodations
C
C
Drive - through, see
Sec 17.52.160
Hotels, motels C
Visitor information centers P
B. Industrial Uses
Artisan/small-scale manufacturing
Boutique" food processing with retail sales
C. Offices and Related Uses
P P
C
1. Financial services
Banks, savings and loans, and other financial
institutions
L2 P
Financial services offices P
2. Offices and Related Uses
Clinics C C C
Media production
Medical, dental and health - related offices
P P
L2 L2 P
Office ( administrative, business, and
professional)
Offices with walk-in clientele
L3 P
P P P
D. Public and Quasi - Public Uses
1. General
Clubs and lodges, including for youth
Cultural facility
Other public/quasi-public uses of an
administrative, educational, religious,
communications or public service nature
2. Schools
C
C C
C
C C
Parochial, private
Public
C C
P P
Performingarts, art, martial arts, sports L4 L4 P
02023-004 Page 11 of 31 April 18, 2023
Zoning Districts MU - R MU - CL MU - CH
Additional
Regulations
Vocational, business trades P
3. Transportation facilities
Parking facilities, commercial or municipal (5+
spaces)
C C
Taxi stations C
Transit or bus stations C C C
E. Residential Uses
Single-family attached P P P For condominiums,
see Sec. 17.52.080Multifamilyresidential P P P
Group residential, includingSROs CS
CS CS See standards Ch.
17.52 Live/work developments C C
Residential care facilities
Small ( 0-6 residents) P P P
Large ( 7 or more residents) C C C
Day care facility, child or adult ( up to 14
children or 8 adults)
P
P P
Day care center ( 15 or more children or 9 or
more adults)
C
C C
F. Accessory Structures and Uses
Accessory structures and uses
P if principaluse is permitted; C if principal use
requires a use permit. See Chapter17.52
Automatic teller machines L5 L5 L5
Cottagefood operations See Sec. 17.52.105
Fences and hedges PS PS PS
See standards in Ch.
17.52 Outdoor displayor sales PS PS PS
Recycling facility, small PS PS PS
Satellite dishes PS PS PS
Signs PS PS PS See Ch. 17.55
G. Other Uses
Nonresidential condominiums
See standards Ch.
17.52 Temporary uses P/T
See standards Ch.
17.52 In existing buildings only: other permitted or
conditional uses listed in the Community
Commercial District on a short term, interim
basis until a specificplan or similar plan is
adopted for the area.
C C
Notes:
L1 Permitted; conditional use permit required if larger than 15,000 square feet.
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L2 Permitted; conditional use permit required if largerthan 5,000 square feet
L3 Permitted if located above the ground floor.
L4 Permitted; conditional use permitrequiredif more than 18 students at any time or open after 10 p.m.
L5 Permitted.
2. Additional Land Use Regulations
a. Mixed use development. Mixed use development is
permitted on a site that ( i) is designated for mixed uses by the General Plan, ( ii) meets the development objectives of Section 17.52.280.C, iii) all of the proposed uses are
permittedin the applicablezoning district, ( iv) no density bonus is proposed, and iv) no conversion of an existing residential rental unit is proposed; otherwise a conditional use permit is required.
b. Residential rental units. Conversion of existingresidential rental units to nonresidential units is allowed only with a conditional use permitand is subject to the standards in Section 17.52.100.
c. Grocery stores. Conversion of existing grocery stores, supermarkets, and convenience stores to other uses is
allowed only with a conditional use permit.
d. Commercial Development in MU - R District. Commercial - only development is not allowed. The area devoted to
commercial uses cannot exceed 30 percent of the total
building floor area, and all non-residential uses must be located at the groundlevel.
e. Home Occupations. Home occupations are subject to the provisions of the Zoning Ordinance.
f. Temporary Uses. Temporary uses are permitted on
individual properties, subject to applicable provisions of the ZoningOrdinance for the Best Fit zone corresponding to the Interim Zone established by this Ordinance.
3. Development Standards. The development standards for the Interim Zoning Districts are shown in Table 2.
TABLE 2: COMMERCIAL DISTRICTS — PROPERTY DEVELOPMENT
STANDARDS
NA = Not Applicable
Property Development Standards MU - R
MU
CL MU - CH Additional
Standards
Maximum density (units/gross acre) 40 NA NA See Ch. 17.52 for calculation of FARs
and densitiesMaximum FAR 1.0 1.5 2.0
02023-004 Page 13 of 31 April 18, 2023
Property Development Standards MU - R
MU
CL
MU - CH
Additional
Standards
Maximum Height (in feet) 40 45 55
Maximum number of stories 3 4 5
Minimum lot area ( sq. ft) 5,000 5,000 10,000
Lot width ( feet) at front setback line 50 50 70
Lot frontage (feet) at front property
line
50 50 50 1)
Front setback ( feet)
Arterial or collector 15 15 15 2)
Local street 10 10 10 2)
Street side setback ( feet)
Arterial or collector 15 3)
Local street 10 3)
Garage door setbacks from street
feet)
20 20 20
Side and Rear setback ( feet)
Non-residential: none,
residential: see Sec.
17.08.030 standards for
RM district
4)
Notes:
1) Lot frontage may be reduced to 40 feet for lots with divergent lot lines.
2) Front and street side setbacks may be reduced to 10 feet with design review when the reduction improves the overall site design, design of the building or better integrates the building with its site and surroundings and a 10 -foot wide sidewalk is provided. 3) Street side setbacks may be reduced to 5 feet for 2 story buildings and 10 feet for 3 story buildings with design review when the reduction improves the overall site design, designof the buildingor better integrates the building with its site and surroundings and a 6 - foot wide sidewalk is provided.
4) Commercial and mixed - use development on land that abuts a residential district is subject to transitional standards described in Section 17.10.040.
4. Build - to Line. Buildings shall be constructed at the street frontageor required setback line ( the " build - to" line) for at least 60 percent of the building frontage. At least two-thirds of the area between the building and lot line shall be paved so that it functions as a wider publicsidewalk. This requirementmay be modified or waived by the Decision - MakingBody upon findingthat:
02023-004 Page 14 of 31 April 18, 2023
a. Substantial landscapingwill be located between the build - to line and groundfloor residential units to soften visual impact of buildings;
b. Entry courtyards, plazas, entries, or outdoor eating and display areas will be located between the build - to line and building, provided that the buildings will be built to the edge of the courtyard, plaza, or outdoor dining area; or
c. The buildingwill incorporate an alternative entrance design that will create a welcomingentry feature facingthe street.
5. Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units, the followingminimum setbacks apply to any building wall containingwindows for residential units and facingan interior side or rear yard. a. For any wall containingwindows, a setback of at least 5 feet shall be provided.
b. For any wall containing bedroom windows, a setback of at least 10 feet shall be provided.
c. For any wall containingliving room or other primaryroom windows, a setback of at least 15 feet shall be provided. d. The requiredsetbacks apply to that portion of the building wall containing a window and extendingthree feet on either side of the window.
6. Minimum Ground - floor Height. The minimum ground -floor height shall be 12 feet for residential uses and 15 feet for non-residential uses.
7. Exceptions to Maximum Height Limits.
a. Architectural Features. A parapet wall, cornice or sloping roof or solar energy system may project up to four feet above the maximum heightlimit.
b. Towers. If the projectsite is greater than 15,000 square feet, a tower or other projecting architectural elements may
extend up to 12 feet above the top of a pitched roof,
provided that the square footageof the element(s) do not total more than 15 percent of the buildingfootprint. The area above the uppermost permitted floor of the element(s) shall not be habitable space.
i. The composition of the tower element shall
be balanced, where the width of the tower
has a proportional relationship to the height
of the tower.
ii. The tower element shall be proportionalto
the rest of the building.
iii. The tower element shall not be stepped back
at any point,
iv. The maximum horizontal dimension of the
tower element shall not exceed 100 feet.
02023-004 Page 15 of 31 April 18, 2023
v. Fenestration shall be greater at the base of
the tower than at the top.
vi. The roof shall include architectural detailing,
such as a cornice or eave.
8. Upper Story Limitations. For the MU - CL and MU - CH zoning districts, the maximum allowable number of stories shall not exceed three when abutting a RS or RI residential zoningdistrict. The top story of all four- and five -story buildingsin MU - CL and MU - CH zoningdistricts shall contain onlyresidential uses and shall be stepped back a minimum of 10 feet from the story below.
9. Wide Buildings. Any non-residential buildingover 50 feet wide shall be broken down to read as a series of buildingsno wider than 50 feet each or 30 feet in the MU - R Zoning District. Increases in the maximum buildingwidth may be approved through design review if recesses, offsets, or other architectural articulation modulate a " box - like" appearance.
10. Maximum Building Length and Length of Blank Walls. The maximum building length is 100 feet. See Table 3. This limitation does not apply to buildings with unique design requirements, such as gyms and auditoriums. Increases in the maximum buildinglength may be approvedthroughdesign review if recesses, offsets, or other architectural articulation modulate a " box - like" appearance. The maximum lengthof blank walls is 10 feet on the groundfloor and 25 feet on upper floors.
TABLE 3: BUILDING FORM STANDARDS — MIXED - USE DISTRICTS rr-
0 i i
0 KEY
0 --?._
1_
Opening
0 Property Line
District MU - R MU - CL MU - CH
Additional
Regulatio
ns
Maximum
Building Length
ft)
100 100 100
02023-004 Page 16 of 31 April 18, 2023
Maximum
Length of Blank
Wall ( ft.)
10 for ground
floor,
25 for upper
floors
10 for ground
floor,
25 for upper
floors
10 for ground
floor,
25 for upper
floors C
Bay Window Max. 3 feet from primaryfacadeand min. 12 feet above 2 Awnings &
Overhangs (ft.)
Min. 4 feet from primaryfacadeand 8 feet above
sidewalk grade C
Awningsetback
from Curb
Min. 2 feet clear
C
11. Building Projections. The maximum width of any projection, including bay windows, is 10 feet, and the total of all projections along a building face may not be more than 10 feet wide or 25 percent of the buildingfrontage, whichever is greater.
12. Building Orientation and Entrances.
a. Buildings shall be oriented to face public streets or pedestrian -oriented areas.
b. Buildingfrontagesshall be generallyparallel to streets, and the primarybuildingentrances shall be located on or within 20 feet of a public sidewalk.
c. At least one entrance shall be provided per 100 linear feet of building frontage unless the building has unique security needs.
d. Entrances located at corners shall generallybe oriented at a 45 - degreeangle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the comer. Different
treatments may include angledor rounded comers, arches, and other architectural elements.
e. Entrances to residential units shall be physicallyseparated from the entrance to the permittedcommercial uses and
clearlymarked with a physicalfeature incorporated into the building or an appropriately scaled element applied to the facade.
13. Building Transparency; Required Openings for Non - Residential Uses.
Exterior walls facing and within 20 feet of a front or street side property line shall include windows, glass doors, or other openings for at least 60 percent of the building wall area located between 2.5 and seven feet above the level of the sidewalk ( see Figure 1). No wall may run in a continuous planefor more than 25 feet without a window or other opening.
02023-004 Page 17 of 31 April 18, 2023
FIGURE 1: REQUIRED OPENINGS FOR NON-RESIDENTIAL USES
IN MIXED USE DISTRICTS
Min. 60% of
this area
1 shall be
openings
7 ft
Max. 25 ft linear wall
lengthwithout an
opening
2.5 ft
Front or side street
property line
a. Design of Required Openings. Openings fulfilling this requirementshall have transparent glazing and provide
views into work areas, displayareas, sales areas, lobbies, or similar active spaces, or into window displaysthat are at least three feet deep.
b. Exceptions for ParkingGarages. Multi - level garages are not required to meet the buildingtransparency requirementof this subsection. Instead, they must be screened with buffer landscaping.
c. Alternatives through Design Review. Alternatives to the buildingtransparency requirement may be approvedif the
Decision - Making Body finds that:
The proposed use has unique operational
characteristics with which providing the
required windows and openings is
incompatible, such as in the case of a cinema
or theater; and
ii. Street -facing building walls will exhibit
architectural relief and detail, and will be
enhanced with landscapingin such a way as
to create visual interest at the pedestrian
level.
14. Building Design and Articulation. Buildingsshall provideadequatearchitectural articulation and detail to avoid a bulky and " box - like" appearance. Building design shall reflect and complementthe architectural styleof significant historic buildings within the city. This may be accomplished through the incorporation of architectural style, colors, and materials similar to those used for historic buildings in the City.
The followingstandards applyto development projectsin the Mixed - Use Districts:
a. Massing. Buildingmassingshall align with the street grid of adjacentblocks.
b. Relation to ExistingBuildings. Buildingsshall be designed to appear integrated with existingbuildingsin the district. 02023-004 Page 18 of 31 April 18, 2023
c. Vertical Relationship. Buildingsshall be designedto have a distinctive base ( ground floor level), middle ( intermediate upper floor levels), and top ( either top floor or roof level).
Cornices, balconies, roof terraces, and other architectural elements should be used, as appropriate, to terminate
rooflines and accentuate setbacks between stories.
d. Windows.
i. Window frames shall be inset at least two
inches from the face of the building to
enhance shadow - line around opening.
ii. Snap -in vinyl mullions between double pane
glass is prohibited. If a divided light
appearance is desired, mullions must be
made of dimensional material projecting in
front of the panes on both the inside and
outside of the window.
iii. Exceptions may be granted through the
design review process to accommodate
alternative window designcomplementaryto
the architectural styleof the structure.
e. Exterior Building Materials and Colors.
i. A unified palette of materials shall be used
on all sides of buildings.
ii. Exterior building materials shall be stone,
brick, stucco, concrete block, painted wood
clap -board, painted metal clapboard or other
quality, durable materials approvedthrough
the design review process.
iii. A wainscoting of quality materials on the
bottom of the groundfloor facadeis required.
iv. Colors shall be used to help delineate
windows and other architectural features to
increase architectural interest.
f. Building Details.
i. Building facades shall include building
projections or recesses, doorway and
window trim, and other details that provide
architectural articulation and design interest.
ii. All applied surface ornamentation or
decorative detailingshall be consistent with
the architectural styleof the building.
iii. All balconies shall have a minimum
horizontal dimension of two feet.
02023-004 Page 19 of 31 April 18, 2023
iv. Each side of the buildingthat is visible from
a publicright-of-way shall be designedwith a
complementarylevel of detailing.
15. Pedestrian Access.
a. Internal Connections. A system of pedestrianwalkways shall connect all buildingson a site to each other, to on - site automobile and bicycle parking areas, and to any on - site open space areas or pedestrian amenities.
b. To Circulation Network. Regular connections between on - site walkways and the public sidewalk and other pedestrian walkways within the project shall be provided. An on - site walkwayshall connect the primary building entry or entries to a publicsidewalk on each street frontage.
c. To Neighbors. Direct and convenient access shall be
provided from commercial and mixed - use projects to
adjoiningresidential and commercial areas to the maximum extent feasible, while still providingfor safetyand security. d. To Transit. Safe and convenient pedestrianconnections shall be provided from transit stops to buildingentrances. e. Interior Pedestrian WalkwayDesign.
i. Walkways shall have a minimum clear,
unobstructed width of six feet, where
feasible, but at least four feet, shall be hard -
surfaced, and paved with concrete, stone,
tile, brick, or comparable material.
ii. Where a required walkway crosses
driveways, parking areas, or loading areas, it
must be clearly identifiable throughthe use
of a raised crosswalk, a different paving
material, or similar method.
iii. Where a required walkway is parallel and
adjacent to an auto travel lane, it must be
raised or separated from the auto travel lane
by a raised curb at least four inches high,
bollards, or other physical barrier.
16. Limitations on Location of Parking. Parkingmay be located within 40 feet of the street facingproperty line in accordance with Table 4 and the following standards. a. Underground and Partially Submerged Parking. Parking completely or partially underground, may match the
setbacks of the main structure. The maximum height of a parkingpodium visible from a street is five feet from finished grade.
b. Surface Parking. Above ground surface parking may be located within 40 feet of a street facing property line if the Decision - MakingBody makes all of the followingfindings:
02023-004 Page 20 of 31 April 18, 2023
war? Street
Buildings are built close to the public
sidewalk to the maximum extent feasible;
ii. The parking area is screened along the
publicright-of-way with a wall, hedge, trellis,
and/or landscaping; and
iii. The site is small and constrained such that
underground, partially submerged, or
surface parking located more than 40 feet
from the street frontageis not feasible.
17. Residential Open Space. Residential open space is required for any mixed use developmentwith dwellingunits ( see Table 5); it may be providedas common or privateopen space. Private areas consist of balconies, decks, patios, or fenced yardsdirectlyaccessible from the residence. Common areas consist of landscaped areas, walks, patios, swimming pools, barbeque areas, playgrounds, turf, rooftop areas, or other such improvements as are appropriate to enhance the outdoor living environment of the development. Landscaped courtyard entries that are oriented towards the public street which create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items or devoted to perimeter landscapingshall be developed as common areas with the types of attributes described above.
TABLE 4: PARKING AND LOADING STANDARDS — MIXED - USE DISTRICTS KEY
Property Line
ParkingArea
Loading Area
District MU - R MU - CL MU - CH
Additional
Regulations
02023-004 Page 21 of 31 April 18, 2023
Setback from
Street Property
Line ( ft)
40; Buildingsshall be placed as close to the street as
possible, with parkingunderground, behind a
building, or on the interior side or rear of the site.
Setback from
Buildings and
Public Plazas ( ft)
5 ft walkwayplus 3 ft landscaping; Applicableonly to
above ground parking.
CD
Access Location Side street or alley wherever possible
Curb Cuts Minimized and in area least likelyto impede 0 Loading/Service
Area
Side or rear of lot; must be screened from public
ROW
TABLE 5: LANDSCAPING AND OPEN SPACE STANDARDS — MIXED - USE
DISTRICTS
District MR - R MU - CL MU - CH
Additional
Regulations
Minimum Residential Private
Open Space ( sq ft per unit) 75 75 60
Minimum Public Open Space For residential and mixed - use development: 200 sq. ft. per unit; For
non-residential development: 10% of
site
Minimum Amount of
Landscaping
of site) 10 15 15
a. Minimum Dimensions.
i. Private Open Space. Private open space located on
the ground level ( e.g., yards, decks, patios) shall
have no horizontal dimension less than 10 feet.
Private open space located above groundlevel ( e.g.,
balconies) shall have no horizontal dimension less
than six feet.
ii. Common Open Space. Minimum horizontal
dimension of 20 feet.
b. Usability. A surface shall be provided that allows
convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn,
garden, flagstone, wood planking, concrete, or other
serviceable, dust - free surfacing. The maximum slope shall not exceed 10 percent.
c. Accessibility.
02023-004 Page 22 of 31 April 18, 2023
i. Private Open Space. The space shall be accessible
to only one livingunit by a doorwayto a habitable
room or hallway.
ii. Common Open Space. The space shall be
accessible to all of the living units on the lot. It shall be served by any stairway or other accessway
qualifying as an egress facility from a habitable
room.
H. Active Frontage ( AF) Overlay District. The Active Frontage (AF) Overlay district applies to frontages on arterial streets that are designatedfor a pedestrian orientation in the General Plan Focus Areas. This designationis intended to unify and strengthenthe corridors where it applies by establishingstandards that will create active street fronts with widened sidewalks and improved pedestrian connections.
1. Street Frontage Improvements. New developmentsubject to an AF Overlay District shall provide street frontage improvements in accordance with the following:
a. Between the Property Line and Curb.
i. Sidewalks. Sidewalks that are six to ten feet wide
shall be provided if none exist or if the existing
sidewalks are in poor condition.
ii. Street Furniture. Trash receptacles, benches, bike
racks, and other street furniture shall be provided.
iii. Street Trees. Shade trees shall be plantedno more
than 30 feet on center. Tree guards shall be
provided. Trees shall be of a type approved by the
Community Development Department, a minimum
of 15 gallons in size, and at least 10 percent of the
required trees shall be 24 - inch box size or larger.
b. Interior from Property Line. Except where occupiedby a building or necessary for parking access, the street
frontage, for a depth of 10 feet from the property line, shall be utilized for pedestrian circulation or active outdoor uses, including, but not limited to outdoor dining; paved for public uses so that it functions as part of a wider public sidewalk; or improved with landscaping, public art, and/or pedestrian amenities, such as outdoor seating.
2. Building Orientation and Entrances.
a. Buildings shall be oriented to face publicstreets.
b. Buildingfrontagesshall be generallyparallel to streets, and the primary buildingentrances shall be located on or within 20 feet of a publicsidewalk.
02023-004 Page 23 of 31 April 18, 2023
c. At least one entrance shall be providedper 100 linear feet of buildingfrontageunless the buildinghas uniquesecurity needs.
d. Entrances located at corners shall generallybe oriented at a 45 - degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded comers, arches, and other architectural elements.
e. Entrances to residential units shall be physically separated from the entrance to the permittedcommercial uses and
clearlymarked with a physicalfeature incorporated into the buildingor an appropriatelyscaled element applied to the facade.
3. Building Transparency; Required Openings for Non - Residential Uses.
Exterior walls facingand within 20 feet of a front or street side property line shall include windows, glass doors, or other openings for at least 60 percent of the buildingwall area located between 2.5 and seven feet above the level of the sidewalk. No wall may run in a continuous plane for more than 25 feet without a window or other opening.
FIGURE 2: REQUIRED OPENINGS FOR NON-RESIDENTIAL USES IN
ACTIVE FRONTAGE OVERLAY DISTRICT
02023-004
Max. 25 ft linear wall
length without an
opening
Min. 60% of
this area
shall be
openings
7 ft
2.5 ft
Front or side street
property line
a. Design of Required Openings. Openings fulfilling this requirementshall have transparent glazing and provide
views into work areas, displayareas, sales areas, lobbies, or similar active spaces, or into window displays that are at least three feet deep.
b. Exceptions for Parking Garages. Multi - level garages are not required to meet the buildingtransparency requirement of this subsection. Instead, they must be screened with buffer landscaping.
c. Alternatives through Design Review. Alternatives to the building transparency requirement may be approved
through the design review process in Chapter 17.62 if the Decision - Making Body makes all of the followingfindings:
i. The proposed use has unique operational
characteristics with which providing the required
windows and openings is incompatible, such as in
the case of a cinema or theater; and
ii. Street - facing building walls will exhibit architectural relief and detail and will be enhanced with
landscaping in such a way as to create visual
interest at the pedestrian level.
4. Pedestrian Access.
a. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on - site automobile and bicycle parking areas, and to any on - site open space areas or pedestrianamenities.
b. To Circulation Network. Regular connections between on - site walkwaysand the publicsidewalk and other plannedor existingpedestrian routes and trails shall be provided. An on - site walkwayshall connect the primarybuildingentry or entries to a publicsidewalk on each street frontage.
c. To Neighbors. Direct and convenient access shall be
provided from commercial and mixed - use projects to
adjoiningresidential and commercial areas to the maximum extent feasible, while still providing for safetyand security. d. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to buildingentrances. e. Interior Pedestrian Walkway Design.
i. Walkwaysshall have a minimum clear, unobstructed
width of six feet, where feasible, but at least four feet, shall be hard - surfaced, and paved with concrete,
stone, tile, brick, or comparablematerial.
ii. Where a required walkway crosses driveways,
parkingareas, or loading areas, it must be clearly
identifiable through the use of a raised crosswalk, a
different paving material, or similar method.
iii. Where a required walkway is parallel and adjacent
to an auto travel lane, it must be raised or separated
from the auto travel lane by a raised curb at least
four inches high, bollards, or other physical barrier.
I. Permit Application Review Process. The purpose of this Permit ApplicationReview Process is to ensure that all new development is consistent with the General Plan, by providinga process for reconciling inconsistencies between the ExistingZoning Ordinance and the General Plan. Should any provisions of this Ordinance be determined to be inconsistent with the General Plan, the General Plan shall prevail. For purposes of carryingout the Permit Application Review Process, the Director shall prepare a General 02023-004 Page 25 of 31 April 18, 2023
Plan ConsistencyAssessment checklist, which shall identifythe General Plan policies applicableto various categoriesof development (e.g., residential, commercial, industrial).
1. Process for Review of Permit Applications. During the effective period of this Ordinance, each Permit Application (as defined in Section 2.N) shall be subject to the review procedure set forth below.
a. Step 1.A: Preliminary Determination of General Plan
Consistency. Under Step 1.A of this Permit Application
review process, the Director shall make a preliminary
determination regardingwhether the Project described in the Permit Application is consistent with the General Plan by determining whether the Project (i) is permittedunder the applicable General Plan Land Use Designation, and ( ii) considering all its aspects, will further the goals, objectives and policies of the General Plan and not obstruct their attainment. In making the preliminary determination
requiredby this Section 4.1.1.a, the Director shall refer to and rely on the General Plan Consistency Assessment
checklist developed by the Director in accordance with this Subsection I.
If the Director determines that the Project described in the Permit Applicationis not consistent with the General Plan, the Permit Application shall not be further reviewed or processed until the applicant revises the Project to be consistent with the General Plan and/or files an application for a General Plan Amendment. If the Director determines that the Project described in the Permit Application is consistent with the General Plan, the Permit Application shall proceedto Step 1.B.
b. Step 1.B: PreliminaryDetermination of ApplicableZoning District. Under Step 1.B, the Director shall make a
preliminary determination of the applicable Zoning District for the Project described in the Permit Application.
If the property that is the subjectof the Permit Application is within an Interim Zoning District established by this
Ordinance, the Permit Application shall be reviewed and processed in accordance with the zoning regulations for that Interim ZoningDistrict established by this Ordinance.
If the property that is the subjectof the Permit Application is within an Existing Zoning District, the Director shall
determine whether the Existing Zoning District has been previouslydetermined to be an ExistingZoning District that is consistent with the General Plan, as shown on the
General Plan — ZoningCorrespondencetable incorporated
and attached hereto as Exhibit B. If the ExistingZoning District has been previously determined to be consistent with the General Plan, the Permit Application shall be
reviewed and processed in accordance with the applicable 02023-004 Page 26 of 31 April 18, 2023
development standards of the Existing Zoning District,
includingwhether the proposed use is permittedby right, conditionally permitted, or not allowed.
If the property that is the subjectof the Permit Applicationis within an Existing Zoning District that has not been
previously determined to be consistent with the General Plan, the Director shall determine the " Best Fit" Zoning District that best corresponds to the applicable General Plan Land Use Designation, from among the Existing Zoning
Districts listed in General Plan — Zoning Correspondence table attached hereto as Exhibit B and the Interim Zoning Districts established by Section 4.D of this Ordinance. In determiningthe Best Fit Zoning District, the Director shall consider the characteristics of the Project including the use/activity/facility type, the density and/or intensityof the proposed use, the land uses and other relevant
characteristics of the surrounding properties and area, and any relevant policies of the General Plan. After the Director has determined the applicable Zoning District for the
property described in the Permit Application, the Permit Application shall proceed to Step 1.C.
c. Step 1.C: PreliminaryDetermination that Proposed Land Use is Allowed Under ApplicableGeneral Plan and Zoning
District Designations. General Plan land use designations and zoning districts established by the Zoning Ordinance identifyuses that are permitted, conditionallypermitted, and not permitted; however, the General Plan and Zoning
Ordinance do not specifyeach and every use or activitythat may be permitted, conditionally, or not permittedunder each General Plan land use designation or within each zoning district. Therefore, if the proposed use is not specified in the applicable General Plan land use designation and Zoning District provisions, the Director shall preliminarily determine whether the proposed use is substantiallysimilar to one of the specified uses. In making these preliminary
determinations, the Director shall consider the character of the proposeduse as comparedto the uses identified in the General Plan and Zoning Ordinance, and the purposes of
the applicable General Plan land use designation and
Zoning District.
d. Upon completion of Steps 1.A, 1.B, and 1.C, the Permit Application shall be reviewed and processed in accordance with all of the applicable land use and development
standards of the applicable Zoning District ( either an Interim Zoning District, an Existing Zoning District, or a Best Fit ZoningDistrict) as determined in Step 1.B.
e. Appeal of Step 1 Preliminary Determinations. Upon
completionof this Step 1, includingStep 1.A, Step 1.B, and Step 1.C, the Director shall issue to the applicant written 02023-004 Page 27 of 31 April 18, 2023
notice of its Step 1 determinations ( the " Preliminary Determinations Notice"). Not later than ten ( 10) days
following the issuance of the Preliminary Determinations Notice, the applicant may file a singleappealto any or all of the Step 1 determinations set forth in the Preliminary
Determinations Notice in accordance with the appeal
procedures set forth in Chapter 17.70 of the ExistingZoning Ordinance. Any appeal by the applicant must address all of the Step 1 determinations set forth in the Preliminary
Determinations Notice, and failure to address any Step 1 determination in an applicant's appeal will result in the applicant's waiver of its rightto appeal such determination.
No appealof a Step 1 determination may be made by an
applicant unless and until the Director has issued the
Preliminary Determinations Notice.
If no appeal is filed within ten ( 10) days of the issuance of the Preliminary Determination Notice, the Permit Application will proceed to the Decision - Making Body for review and action on the Permit Application.
f. Step 2: Final Review and Action by Decision - Making Body; Required Findings to Support Approval of Permit
Application. Upon completion of Step 1 above, including the completion of any appeal from a Preliminary Determinations Notice, the Permit Application shall be reviewed and
processed in accordance with all of the applicable land use and development standards of the applicable Zoning District as determined in Step 1.6 ( either an Interim Zoning District, an ExistingZoningDistrict, or a Best Fit Zoning District), and acted upon by the appropriate Decision - Making Body.
During the effective period of this Ordinance, no Permit Application may be approvedunless and until the Decision - Making Body makes each and all of the followingfindings regarding the Projectdescribed in the Permit Application, in addition to any other findings required by the applicable provisions of the Existing Zoning Ordinance and this
Ordinance:
i. The Project will further the goals, objectives and
policies of the General Plan and not obstruct their
attainment; and
ii. The Project substantially conforms to the Zoning
Ordinance requirements of the applicable Zoning
District determined in accordance with this Section
4.1 of this Ordinance.
2. Appeal of Action by Decision - Making Body on Permit Application. Any action on a Permit Applicationby the Decision - MakingBody pursuant to this Ordinance may be appealedin accordance with the procedures set forth in Chapter 17.70 of the ExistingZoningOrdinance.
02023-004 Page 28 of 31 April 18, 2023
3. Relation of Permit Application Review Process to Existing Zoning Ordinance. Should any provisionsof the Permit Application Review Process set forth in this Section 4.1. of this Ordinance be inconsistent with the Existing Zoning Ordinance, the provisionsof this Ordinance shall prevail, subjectto the following. a. Relation of Permit ApplicationReview Process to Chapter
17.04 of Existing Zoning Ordinance.
i. During the effective period of this Ordinance, the
followingsections and subsections of Chapter 17.04
of the ExistingZoningOrdinance are superseded by
this Ordinance:
1) Section 17.04.030.E.
2) Section 17.04.050.B.
3) Section 17.04.050.D.
ii. During the effective period of this Ordinance, the
term " this title" as used in Section 17.04.030.6 shall mean Title 17 of the Napa Municipal Code as
amended, modified or superseded by this
Ordinance.
iii. During the effective period of this Ordinance, as
applied to each Permit Application, the term " zoning
clearance" as used in Section 17.04.030.0 shall
mean completion of the Permit Application Review
Process set forth in this Section 4.1 of this Ordinance. iv. During the effective period of this Ordinance,
Section 17.04.040.6 shall be amended to add the
following zoning districts, as more fullydescribed in
Section 4.D of this Ordinance, to the base zoning
districts set forth therein:
1) MU - R Residential Mixed Use.
2) MU - CL Corridor Mixed Use Low.
3) MU - CH Corridor Mixed Use High.
v. During the effective period of this Ordinance,
Section 17.04.040.0 shall be amended to add the
followingoverlaydistrict, as more fully described in
Section 4.D of this Ordinance, to the overlay zoning
districts set forth therein:
1) AF Active Frontage Overlay District.
4. Generally Applicable Laws. Nothing in this Ordinance shall be interpretedas exemptingPermit Applications or development proposals from compliance with generallyapplicablestate or local laws or regulations, including without limitation the California Environmental Quality Act. Nothing in this Ordinance shall be construed to limit the rightsof a property owner to applyto the City for a zoning amendment or generalplan amendment pursuantto the proceduresset forth in the Existing Zoning Ordinance.
02023-004 Page 29 of 31 April 18, 2023
SECTION 5 SEVERABILITY.
If any section, sub - section, subdivision, paragraph, sentence, clause or phraseof this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validityof the remaining sections or portionsof this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub - section, subdivision, paragraph, sentence, clause or phraseof this Ordinance, irrespective of the fact that any one or more sections, sub -sections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional.
SECTION 6 EFFECTIVE DATE.
This Ordinance is declared to be an urgency ordinance for the preservationof the publichealth, safety and welfare, and shall take effect and be enforced immediatelyupon adoptionpursuant to California Government Code Sections 36937 and 65858 and City Charter Section 62. This Ordinance shall be of no further force and effect 45 days from the date of its adoption unless otherwise extended by City Council in accordance with law.
Cityof Napa, a municipal corporation
02023-004
MAYOR:
ATTEST:
CITY CLE hIECITYC OF APA
STATE OF CALIFORNIA
COUNTY OF NAPA SS:
CITY OF NAPA
1, Tiffany Carranza, City Clerk of the City of Napa, do herebycertifythat the foregoing Ordinance had its first reading and was introduced during the public regularmeetingof the City Council on the 18`h day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Alessio, Luros, Narvaez, Painter, Sfdgley
None
None
None
Approved as to Form:
Michael W. Barrett
City Attorney
02023-004
ATTEST:
Tiffan arranza
City Clerk
EXHIBIT A FOR INTERIM ZONING ORDINANCE
Interim ZoningDistricts
NAPA COUNTY
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LEGEND
RI 4
Mixed - Use
I. Residential Mixed Use
Corridor Mixed Use Low
Corridor Mixed Use High
Overlay District
Active Frontage OverlayDistrict
L City Limits
UnincorproatedArea
02023-004
J
Laurel St
ScantyRanch
South Wetland
Open Space
MapVersion:
4/4/2023
l)lRAF'l,
1st St
3rd',• d't
oombsrllleRd
25 Acres',
100
Acres
0 1,000 2,000 3,000 4,000 Feet
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1 Mile
EXHIBIT B
Interim Zoning Ordinance
NAPA 2040 GENERAL PLAN/EXISTING ZONING CODE CONSISTENCY TABLE 2040 GENERAL PLAN
Land Use Designations
EXISTING ZONING
Applicable Zoning Districts
INTERIM ZONING ORDINANCE
Residential
Traditional Traditional Residential ( RT-4, RT-
5, RT-7)
Very Low Density Single Family Residential ( RS -20,
RS -40)
Low Density SingleFamily Residential ( RS -5,
RS - 7, RS -10)
SingleFamilyInfill ( RI -5, RI - 7, RI -
10)
Medium Density Single Family Residential ( RS -4,
RS - 5, RS - 7)
SingleFamilyInfill ( RI -4, RI - 5, RI -
7)
Multifamily Residential ( RM)
High Density Multifamily Residential ( RM)
Gateway Mixed Use ( MU - G)
Mixed Use
Residential Mixed Use Mixed Use ( General)
Master Plan ( General)
Mixed Use Residential ( MU - R)
Corridor Mixed Use — High Tannery Bend Mixed Use ( MU - T) Gasser Master Plan ( MP - G1, MP-
G2, MP - G3, MP - G4)
Mixed Use Corridor High (MU -
CH)
Corridor Mixed Use — Low Gateway Mixed Use ( MU - G) Mixed Use Corridor Low ( MU - CL)
Napa Pipe Mixed Use Napa Pipe Master Plan District
MP - Napa Pipe)
Foster Road Mixed Use Master Plan District ( Existing
pre -zoning)
Commercial
General Commercial Local Commercial ( CL)
Community Commercial ( CC)
Gateway Mixed Use ( MU - G)
HospitalityCommercial Tourist Commercial ( CT)
Business Professional Medical Office ( OM)
Commercial Office ( OC)
Residential Office ( RO)
Industrial
Business Park Industrial Park ( IP)
LightIndustrial Light Industrial ( IL)
Flex Industrial Light Industrial ( IL)
Residential InfiII ( RI - 4, RI - 5)
02023-004
EXHIBIT B
Traditional Residential ( RT-4, RT-
5)
Public Serving
Public Serving Public, Quasi -Public Schools &
Health Facilities ( P0)
Public, Quasi - Public ( PQ -P)
Downtown Public ( DP)
Open Space and Parks Parks and Open Space (POS)
Downtown Parks and Open
Space (DPOS)
Agriculture AgriculturalResource ( AR)
Greenbelt AgriculturalResource ( AR)
Overlay Districts ( AC, AH, FP, HS, PD, SC, TI, WS) may be combined with any principalzoningdistrict consistent with the purpose and provisionsof each Overlay District.
Master Plan ( MP) Districts may be utilized in any General Plan land use category to implementthe goals and policies of the General Plan ( NMC 17.26)