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Attachment 4 - ZDRB Resolution No 25-028

Yountville City Council
August 5, 2025

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Attachment 4 - ZDRB Resolution No 25-028
Meeting
August 5, 2025
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Yountville City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on townofyountville.primegov.com. That file is the official record.

Town of Yountville
Zoning and Design Review Board
Resolution Number 25-028

A RESOLUTION OF THE TOWN OF YOUNTVILLE ZONING AND DESIGN REVIEW BOARD RECOMMENDING THE TOWN COUNCIL ADOPT ORDINANCE NUMBER 25-534 ADDING CHAPTER 17.174 (“ ENTERTAINMENT ZONES”) TO TITLE 17 (“ ZONING”) OF

THE YOUNTVILLE MUNICIPAL CODE ESTABLISHING AN ENTERTAINMENT ZONE AND

FINDING THE CODE ADDITION AND ESTABLISHMENT OF THE ZONE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, Business and Professions Code, § 25690 et seq. authorizes the Town to establish an “ entertainment zone,” within which one or more types of alcoholic beverages may be consumed on public streets, sidewalks, or public rights -of-way.

WHEREAS, the Town desires to establish an entertainment zone permitting the public consumption of certain alcoholic beverages on the public streets, sidewalks, and rights-of-ways within the boundaries depicted in Exhibit “ B,” attached hereto and incorporated by reference.

WHEREAS, sections 17.184.040 and 17.184.050 of the Yountville Municipal Code authorize the Town Council, upon receipt of the recommendation of the ZDRB, to approve or approve in modified form the proposed Zoning Ordinance amendment based on specific findings set forth in section 17.184.060 of the Yountville Municipal Code .

WHEREAS, in accordance with Business and Professions Code, § 25692, the Town notified local law enforcement and requested feedback regarding (1) the potential health and safety impacts that might be generated by the entertainment zone and strategies to mitigate those impacts; and ( 2) the entertainment zone’s proposed boundaries, days and hours of operation, types of alcoholic beverages permitted, and approved nonglass and nonmetal containers.

WHEREAS, in accordance with Government Code section 65854 and YMC section 17.184.050, the Town’s Zoning & Design Review Board ( ZDRB) held a duly noticed public meeting on June 10, 2025, to discuss and receive evidence and input from the public regarding the proposed Zoning Ordinance amendment establishing an entertainment zone, attached hereto as Exhibit “ A” and incorporated herein by reference.

Now, therefore, the Zoning & Design Review Board of the Town of Yountville does resolve as follows:

SECTION 1. RECITALS: The foregoing recitals are true and correct and incorporated into the findings herein.

Docusign Envelope ID: 8BFC45ED- A6CE- 4180-89AB-EAACF7E54384 SECTION 2. RECORD: The Record of Proceedings (" Record") upon which the ZDRB bases its recommendation includes, but is not limited to: (1) the staff reports, Town files and records and other documents prepared for and/or submitted to the Town relating to the proposed Zoning Ordinance amendment; (2) the evidence, facts, findings and other determinations set forth in this resolution; (3) the Town of Yountville General Plan and its certified final EIR and the Yountville Municipal Code; (4) all designs, plans, studies, data and correspondence submitted to the Town in connection with the proposed Zoning Ordinance amendment; ( 5) all documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the Town relating to the proposed Zoning Ordinance amendment; and (6) all other matters of common knowledge to the ZDRB including, but not limited to, Town, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the Town of Yountville and its surrounding areas.

SECTION 3. CEQA: The ZDRB hereby recommends the Town Council determine the adoption of the ordinance exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3) (no potential for causing a significant effect on the environment). CEQA Guidelines Section 15061(b)(3) exempts projects from environmental review where it can be seen with certainty there is no possibility the activity in question may have a significant effect on the environment. The adoption of the ordinance and the establishment of an entertainment zone will not result in a significant foreseeable environmental impact. To the extent the adoption of the ordinance is a project under CEQA, the ZDRB recommends the Town Council determine it is categorically exempt under CEQA Guidelines sections 15301 (Existing Facilities) and 15305 (Minor Alterations in Land Use Limitations).

SECTION 4. FINDINGS: The ZDRB hereby recommends the Town Council approve the proposed Zoning Ordinance amendment based upon the following findings as required by YMC Section 17.184.060, as supported by the evidence contained in the Record which is herein incorporated by reference:

A. The proposed amendment would further the goals, objectives, policies and programs and is consistent with the intent of the General Plan; The proposed amendments are consistent with General Plan Policy QL-2.1 in that the Entertainment Zone will support events enhancing quality of life and Policy ES-1.1 in that it will support businesses and events that can enhance the Town’s reputation as a worldclass destination.

B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town;
The proposed amendments would not be detrimental to the public interest, health, safety, convenience or welfare of the Town because the Town will maintain control over what is permitted to occur within the Entertainment Zone, including, days, hours of operation, Docusign Envelope ID: 8BFC45ED- A6CE- 4180-89AB-EAACF7E54384 safety procedures, types of events, etc. The Town can amend or rescind the Entertainment Zone at its discretion.

C. For amendments involving a zoning or land use map amendment, the site is physically suitable, including consideration of physical constraints, access, compatibility with surrounding land uses, and provision of utilities, for the requested or potential land uses.

The proposed changes do not include changing the land use designation for any site.

SECTION 5. RECOMMENDATION: The Zoning and Design Review Board hereby recommends the Town Council adopt the Ordinance set forth in Exhibit “ A,” attached hereto and incorporated herein by reference, and find the adoption of the Ordinance exempt from CEQA pursuant to CEQA Guidelines sections 15061(b)(3), 15301, and 15305.

SECTION 6. EFFECTIVE DATE: This Resolution shall take effect immediately upon adoption by the Zoning and Design Review Board.

Passed and adopted at a regular meeting of the Zoning and Design Review Board of the Town of Yountville held on the 10th day of June 2025 by the following vote:

AYES: Deposki, Henthorne, Cook, Zagorsek
NOES: None
ABSENT: Miller
ABSTAIN: None
I HEREBY CERTIFY that the foregoing is a full, true and correct copy of the resolution which was adopted by the Zoning and Design Review Board of the Town of Yountville, County of Napa, State of California, on the 10th day of June 2025.

Michael Zagorsek
Vice Chair
Kami Noriega, CMC
Deputy Town Clerk/Records Coordinator
Docusign Envelope ID: 8BFC45ED- A6CE- 4180-89AB-EAACF7E54384

EXHIBIT A
Chapter 17.174 ENTERTAINMENT ZONES

17.174.010 Purpose.

17.174.020 Location and Hours.

17.174.030 Conditions and Operating Standards.

17.174.040 Biannual Review.

17.174.010 Purpose.

This chapter establishes an Entertainment Zone within the Town of Yountville to authorize consumption of specified types of alcoholic beverages on the certain public streets, sidewalks, and rights-of-way.

17.174.020 Location and Hours.

A. The Entertainment Zone shall be located on and along Washington Street, between Champagne Drive and Jackson Street, and shall include and encompass the public sidewalks on either sides thereof.

B. The days and hours of operation of the Entertainment Zone shall be from 10am to 10pm, Sunday through Saturday.

17.174.030 Conditions and Operating Standards.

A. Beverage type(s) permitted within the Entertainment Zone are limited to:
i. Beer;
ii. Wine;
iii. Liquor.

B. Alcoholic beverages may only be transported and consumed within the Entertainment Zone in Town-approved non-glass and non-metal containers.

C. Persons in possession of alcoholic beverages in the Entertainment Zone shall be readily identifiable as being 21 years of age or older by wearing a wristband, which shall be a single style provided or approved by the Town, or by other method of identification deemed satisfactory by the Town Manager in consultation with law enforcement personnel.

Docusign Envelope ID: 8BFC45ED- A6CE- 4180-89AB-EAACF7E54384 D. All commercial entities and organizations selling alcoholic beverages within an Entertainment Zone shall comply with all applicable federal, state ,and local laws and regulations, including but not limited to the following:
i. All applicable Department of Alcoholic Beverage Control (ABC) license and permitting requirements;
ii. Sections 23357, 23358, and 23396 of the California Business and Professions Code, as may be amended from time to time;
iii. All other laws governing the sale and consumption of alcoholic beverages and any and all permits and licenses issued pursuant thereto; iv. All applicable conditions and provisions of Town permits and the Town of Yountville Municipal Code, including but not limited to Town noise regulations.

E. All open alcoholic beverages consumed within an Entertainment Zone shall be purchased only from a premises located within the Entertainment Zone that is authorized under California Business and Professions Code Section 23357, 23358, or 23396, as may be amended from time to time, to permit consumers to leave the premises with open containers of alcoholic beverages for consumption off the premises, or an organization that is authorized by an ABC permit or license to make such sales within the Entertainment Zone.

F. Delivery of alcoholic beverages to consumers within the Entertainment Zone is expressly prohibited unless the delivery is to a residential building or private business.

G. No alcoholic beverages purchased at a licensed premises may leave the premises in an open glass or metal container for consumption in the Entertainment Zone.

H. This Chapter does not require any business to sell any alcoholic beverage(s) for consumption off premises within the Entertainment Zone.

17.174.040 Biannual Review.

The Town shall review the operation of the Entertainment Zone every two years following the adoption of the Entertainment Zone to ensure it is being maintained in a manner that protects the health and safety of the general public. This review shall be conducted in consultation with local law enforcement agencies and any reports produced during the review shall be made available to the Department of Alcoholic Beverage Control upon request. Participating business must promptly respond to requests for information during this review process; failure to do so may lead to modification or suspension of the Entertainment Zone.

Docusign Envelope ID: 8BFC45ED- A6CE- 4180-89AB-EAACF7E54384

ENTERTAINMENT ZONES MAP

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