TO: Board of Supervisors
FROM: Brian D. Bordona – Director of Planning, Building and Environmental Services
REPORT BY: Brian D. Bordona – Director of Planning, Building and Environmental Services
SUBJECT: Use Permit Code Compliance Program – Updates and Related Board Directives
RECOMMENDATION
title
Receive an update on code compliance efforts and consider a recommendation regarding the conclusion of the Use Permit Compliance Program. (No Fiscal Impact)
body
BACKGROUND
On June 24, 2025, staff presented the Board of Supervisors with its annual code compliance update and highlighted notable accomplishments during fiscal year 2024-25. As an outcome of the discussion, the Board directed staff to consider updating policies on the following topics and return for discussion and further direction.
- Potential Sunsetting of Use Permit Compliance Program
- Reusable Foodware Ordinance Implementation Updates and Enforcement Plans
- Reverse Osmosis Systems
- Rooster Ordinance Updates
- Code Compliance/Realtor Interface/Education
Use Permit Compliance Program
On December 4, 2018, the Board of Supervisors adopted Resolution 2018-164 (Attachment A) to establish a comprehensive use permit compliance program that allowed landowners to apply for new permits or modifications to resolve outstanding violations. The program established a deadline of March 29, 2019, by which time landowners could submit a substantially complete application to enroll in the program. A total of 47 applicants enrolled by the deadline.
To date, 37 applications have been completed. The status of the remaining 10 applications are as follows: 1) One application has been approved by the Planning Commission, but is currently under appeal to the Board of Supervisors; 2) Seven applications are under review by staff and are tentatively scheduled for action either administratively, or by the Zoning Administrator or Planning Commission by the close of 2025; 3) Two applications are incomplete and have no tentative date for decision.
As directed by the Board in June, staff is bringing forward options on concluding the Use Permit Compliance Program. The Use Permit Compliance Program has been largely successful, having resulted in 37 permitees achieving compliance to date, with an anticipated total of 45 permitees coming into compliance by the end of 2025. Achieving compliance ensures facilities are constructed and operating in a safe manner, providing protection for the public, employees, and the environment. Compliance also creates equity among those facilities that operate in accordance with the law and their entitlements. Achieving compliance helps maintain public trust and confidence, allowing the public to rely on fair and consistent enforcement of zoning codes. To that end, as we approach the seven-year anniversary of the program, and with many of the remaining applications nearing a decision, staff believes it is appropriate to formally conclude the Use Permit Compliance Program.
Next steps
The Use Permit Compliance Program was initiated by Board Resolution; therefore, staff believes it would be prudent to conclude the Program in a similar fashion. As such, staff is requesting the Board direct staff to return in the fall with a resolution that formally concludes the Program. Staff further recommend the Board consider and include in the resolution the parameters below.
- Conclude the program effective March 29, 2026.
- Applications that have not been acted upon by the applicable decision maker (i.e. PBES Director, Zoning Administrator or Planning Commission) by March 29, 2026 shall be required to immediately cease all non-compliant operations, conforming their operations to existing, approved entitlements.
- Applications that are not acted upon by March 29, 2026 may continue processing, subject to applicable standards, processes and deadlines.
- Applications that are acted upon by the decision-maker prior to March 29, 2026, but are continued to a later date or appealed to the Board of Supervisors shall not be subject to the closure date of the Program.
Reusable Foodware Ordinance Implementation Updates and Enforcement Plans
On December 3, 2024, the Napa County Board of Supervisors adopted Ordinance No. 1501, amending several sections of Chapter 5.70, Single-Use Plastic Carryout Bag Reduction, and adding Chapter 5.80, Reusable Foodware and Waste Reduction, to further limit pollution from single-use plastics and related materials. The ordinance is scheduled to take effect on January 1, 2026.
Since its adoption, staff have developed educational materials and strengthened interdepartmental and interagency collaboration to support outreach to businesses and other stakeholders about the new requirements. In parallel with these outreach efforts, staff have also identified opportunities to improve the ordinance by, among other things, clarifying its application to temporary events and more clearly defining exemptions. Additional details and recommended amendments will be presented to the Board for consideration at its October 7, 2025, meeting.
Reverse Osmosis (RO) Systems
The Board expressed interest in examining the prevalence of reverse osmosis (RO) systems, particularly within the Milliken, Sarco, Tulocay (MST) Basin, and in exploring potential amendments to existing policies to strengthen water conservation efforts and groundwater use limitations. This review also includes consideration of potential water quality impacts associated with system discharges.
To support this work, staff has begun researching and reviewing policies from comparable counties and state agencies with an oversight of water quality. Staff will return to the Board for further discussion and direction and anticipate providing an update as part of the upcoming review of the Water Availability Analysis Guidelines, tentatively scheduled for winter 2025.
Rooster Ordinance Updates – Napa County Code Chapter 6.18
In 2013, the Board adopted Chapter 6.18 of the Napa County Code to limit the number of roosters allowed on a single legal parcel, with the goal of preventing public nuisances and protecting the health and safety of residents. The ordinance currently permits no more than twenty-five roosters per acre, up to a maximum of one hundred roosters per parcel.
At its June 2025 meeting, the Board directed staff to explore reducing the number of roosters that may be kept on a property to align with neighboring jurisdictions. In response, PBES staff, in coordination with the County Sheriff and Agricultural Commissioner’s Office, have begun the process of updating the County Code. This includes developing outreach strategies with landowners and interested parties, as well as reviewing policies in neighboring counties and jurisdictions. Staff are also considering additional procedural requirements to further the intent of Chapter 6.18. This item is tentatively scheduled to return to the Board in early 2026.
Realtor Interface and Community Education
The Board expressed interest in staff enhancing education efforts directed at realtors and the broader community, particularly regarding the importance of researching a property’s permit history to avoid unexpected code violations. In response, staff has developed a Know Before You Buy educational brochure—available on the County website in both English and Spanish—as well as a set of Frequently Asked Questions (FAQs) for Code Compliance including guidance for prospective buyers. To expand outreach, staff has made several attempts to partner with the Bay Area Realtors Association, offering to present at regional meetings and share educational resources. However, these opportunities have not been welcomed by the Association.
More recently, staff has explored a collaborative partnership with a well-established real estate brokerage to coordinate a panel workshop in the coming months. This workshop aims to strengthen professional relationships between PBES staff and local realtors, serving as both a networking opportunity and an educational forum. Realtors will gain insights into the roles and resources available through the County, including permitting, zoning, parcel history, and environmental compliance processes. The goal is to enhance understanding and build trust, ultimately supporting realtors and their clients in following a more informed process for property transactions. This engagement underscores PBES’s ongoing commitment to community collaboration and service transparency. As part of ongoing continuous improvement efforts, staff will continue to pursue partnerships with the real estate community and seek opportunities to further enhance our processes, educational tools, and community guidance materials.
FISCAL IMPACT
|
Is there a Fiscal Impact? |
No |
|
Is it Mandatory or Discretionary? |
Discretionary |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The proposed action is not a project as defined by 14 California Code of regulations 15378 (State CEQA Guidelines) and therefore CEQA is not applicable.