TO: Board of Supervisors
FROM: Brian D. Bordona, Director of Planning, Building and Environmental Services
REPORT BY: Charlene Gallina, Supervising Planner
SUBJECT: An Ordinance Amending Napa County Code Chapter 5.36 (Temporary Events) and Adopting a Resolution Directing the PBES Department to Maintain the Temporary Events Manual and Application
RECOMMENDATION
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Introduction and intent to adopt an Ordinance of the Napa County Board of Supervisors, State of California, amending Chapter 5.36 (Temporary Events) of the Napa County Code relating to application, processing, and noticing requirements for temporary events in Napa County; Section 18.10.020 (Duties - Specific Subjects) of Chapter 18.10 (Zoning Administrator) relating to the Zoning Administrator’s duties to hear and decide temporary event license applications; and Section 18.120.010 (Exception to Use Limitations) of Chapter 18.120 (Exceptions) to update the temporary event categories; and adopt a Resolution approving the Temporary Events Manual and directing that the manual and application be maintained by Napa County Planning, Building and Environmental Services Department. (No Fiscal Impact; Discretionary)
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BACKGROUND
Napa County has a long-established practice of regulating and licensing temporary events, beginning with the adoption of Ordinance No. 343 in 1971, regulating and licensing “outdoor festivals.” This regulation is now codified in Chapter 5.36 of the Napa County Code as “Temporary Events.”
On February 7, 2006, the Napa County Board of Supervisors adopted Ordinance No. 1272, amending Chapter 5.36 of the Napa County Code to streamline the application, processing, and noticing requirements for temporary events occurring in Napa County. In addition to this ordinance, the Board adopted Resolution No. 06-30, adopting the Temporary Events License Application Packet and Temporary Events Manual, which provides additional guidance for application processing and contains the minimum standards table events must comply with for issuance of a license. The Ordinance, Temporary Events License Application Packet, and Temporary Events Manual have served the County well since their adoption in 2006 and are now in need of revisions and modernization to reflect nearly two decades of increased state regulations, evolving code requirements, technology advancements, and community expectations.
On December 12, 2018, the Board adopted Resolution No. 2018-164, directing staff to return to the Board with a proposed Ordinance for the Board’s consideration at a public hearing for revisions to the current process and procedures for the regulation and permitting of temporary events, with the following proposed elements:
1. Create an enforcement process for Temporary Events, similar to the procedures currently used by the Public Works Department to enforce permits that allow Special Events on Public Roadways. The enforcement process would include the ability to place permit holders “on probation” when a violation has been confirmed, and to allow for the denial of applications for Temporary Event permits where there are multiple violations, and
2. Require that applications for Temporary Events be submitted a minimum of 90 days in advance of event date. The Board requested staff engage in outreach and education efforts to ensure that property owners, non-profit organizations, and other sponsors of temporary events are informed of the change in the application timeline.
The update to the Temporary Event Ordinance was ultimately delayed due to a number of competing priorities including but not limited to the creation and implementation of the County’s Code Compliance Program, the Napa Wildfires, the Covid-19 pandemic, the County’s Streamline Ordinance, State mandated updates to the County’s Housing and Safety Elements, and other priorities of both the Department and the Board of Supervisors.
Napa County Planning, Building and Environmental Services (PBES) and several supporting County Departments took this opportunity to conduct a comprehensive review and modernize these materials, making them more user-friendly for applicants, aligning them with current federal, state, and local requirements, building on the Board’s 2018 direction. This item proposes changes to Chapter 5.36 that update these requirements and extend processing times from 60 days to 90 days, giving both reviewing agencies and applicants the time needed for a smooth, well-coordinated review and response period, public notification, and any public hearing processes, when required.
What is a Temporary Event?
A "Temporary event" or "event" means any festival, fair, show, showcase, house or garden design tour, concert, dance, rally, parade, demonstration or competition of creative athletic form, or any other gathering or assemblage of individuals for the purpose of observing or engaging in expressive activities within the ambit of the First Amendment of the United States Constitution and Sections 2, 3 and 4 of Article 1 of the California Constitution, including, but not limited to, music, dance, theater, speech, athletics, or any other visual, audio, or tactile arts or combination thereof, including incidental retail sales of the products of such activities, as long as such sales are not advertised off-site; which is held at any place other than a highway as defined in Section 10.24.010 of this code, a permanent building or installation constructed and primarily used for the purpose of conducting such activity or one similar thereto, property owned or leased by the state of California, or property owned or leased by a public school district for use as a public school site, and to which the public is invited or admitted with or without the payment of an admission charge.
What is not a Temporary Event?
Events that do not qualify under the Temporary Event Ordinance fall under other County Code provisions as identified below:
Winery Marketing Events:
For example, any event that falls under the definition of the “marketing of wine” at a Napa County authorized winery cannot be considered a temporary event.
The “marketing of wine” is clearly defined by the Winery Definition Ordinance pursuant to Napa County Code Section 18.08.370, as may be amended:
18.08.370 Marketing of wine. "Marketing of wine" means any activity of a winery which is conducted at the winery on a prearranged basis for the education and development of customers and potential customers with respect to wine which can be sold at the winery on a retail basis pursuant to Chapters 18.16 and 18.20. Marketing of wine may include cultural and social events directly related to the education and development of customers and potential customers provided such events are clearly incidental, related and subordinate to the primary use of the winery. Marketing of wine may include food service, including food and wine pairings, where all such food service is provided without charge except to the extent of cost recovery.
Business events are similar to cultural and social events, in that they will only be considered as "marketing of wine" if they are directly related to the education and development of customers and potential customers of the winery and are part of a marketing plan approved as part of the winery's use permit. Marketing plans in their totality must remain "clearly incidental, related and subordinate to the primary operation of the winery as a production facility" (subsection (G)(5) of Sections 18.16.030 and subsection (I)(5) of 18.20.030). To be considered directly related to the education and development of customers or potential customers of the winery, business events must be conducted at no charge except to the extent of recovery of variable costs, and any business content unrelated to wine must be limited. Careful consideration shall be given to the intent of the event, the proportion of the business event's non-wine-related content, and the intensity of the overall marketing plan.
Another example are “Special Events” conducted on public roadways.
A “Special Event” is defined as follows below and pursuant to Napa County Code Section 10.24.010, as may be amended.
"Special event" means an organized procession or assemblage of more than fifty people on a highway that would significantly affect traffic or create a safety problem. Examples of special events include, but are not limited to, walkathons, runs, marathons, trail rides, bicycle events and races, fairs, celebrations, parades, and other similar activities.
Any event that is processing a “Special Event” on Public Roadways pursuant to Napa County Code Section 10.24 and anticipates conducting post event activities on private properties are required to process a Temporary Event permit under the provisions of Napa County Code Chapter 5.36.
In summary, weddings, private parties, member only events, exclusive dinners, winemaker dinners/parties, winery club events, a parade along a public road, a race along a public road, and events including less than 50 people without amplified music and illumination are not considered temporary events.
Building on this comprehensive review, staff proposes the following updates to modernize the temporary event application process, aligning it with current practices and code requirements, responding to community expectations, and strengthening the framework for public health and safety.
Proposed Ordinance Modifications: (Attachment A - Redline Version and Attachment B - Clean Version)
The following modifications have been identified for the Board's consideration:
1. Revised Attendance Limitations for Categories
• Category 1 - 0-50: No Change.
• Category 1A - Election Fundraiser: No Change.
• Category 1B - Event authorized by zoning district regulations, Use Permit, Site Plan approval, or Certificate of the Extent of Legal Nonconformity (CLN): No Change.
• Category 2A - 50 or fewer: No Change.
• Category 2B - 51-200: No Change.
• Category 3 - 201-400: No Change.
• Category 4 - 401-750: Previously, this category was events that were more than 400 persons per day. The category would be revised to events which will be attended by more than 400 persons per day but no more than 750 persons per day.
• Category 5 - 751+: Previously this category was for events that met the specific requirements, such as an event sponsored by a nonprofit corporation in existence for a period of at least two decades during which it has furthered the general welfare of the residents of the County by providing over fifty million dollars to other nonprofit groups or entities to fund health care, educational, housing or other charitable purposes. This category would be revised to events which will be attended by more than 750 persons per day.
2. Additional Category
Addition of Category 6: This new category applies to an event series, defined as multiple events held on the same parcel or separate parcels within a 30-day period in the same calendar year. All events in the series would be submitted under a single permit, and all applicable requirements must be met for each parcel where an event takes place.
3. Revised Hearing Requirements
Under the revised procedures, an application for a Category 2A, 2B, or 3 event (all events with 400 persons or less) would be noticed only. An application for a Category 4, 5, or 6 event (all events with 401 persons or more, or an event series) would be noticed, with an opportunity to request a public hearing before the Zoning Administrator.
This change consolidates and simplifies the current procedures. Today, Category 3 events are noticed, with an opportunity to request a public hearing before the Zoning Administrator; Category 4 events are set for hearing before the Zoning Administrator; and Category 5 events are set for hearing before the Board of Supervisors. The revised approach applies to a single, consistent standard across all event sizes: notice for smaller events and notice plus the opportunity to request a public hearing before the Zoning Administrator for larger ones. Importantly, the public's right to a hearing is fully preserved, any large event can still be set for hearing whenever a member of the public requests one. In addition, consistent with the Zoning Administrator’s existing authority, the Zoning Administrator may, in the Zoning Administrator’s sole discretion, refer an application to the Planning Commission for hearing and decision if the matter: (1) is of a size, importance, or unique nature such that it is not considered routine; (2) involves potentially significant environmental impacts; or (3) is such that the public interest would be furthered by having the application heard and decided by the Planning Commission.
In practice, however, the great majority of noticed events draw no hearing requests. Under the current procedure, Category 4 and 5 events are automatically set for hearing regardless of public interest, which routinely convenes staff and applicants for hearings that are rarely attended, if at all. Moving to a request-based model preserves full public access while avoiding unnecessary administrative burden, newspaper notice publication, and the hourly staff costs charged to applicants for hearings that would otherwise go unattended. Moreover, what is also preserved is the
It should be noted that all Temporary Event applications are considered ministerial and not subject to the processing of an appeal by the Board of Supervisors pursuant to Napa County Code Chapter 2.88 Appeals.
4. Extended Application Processing Timelines
An application for a license to conduct a Category 2A, 2B, 3, 4, 5, or 6 event shall be submitted to the department 90 calendar days or more prior to the event.
Currently, all applications are due at least 60 days prior to the event. Staff is proposing to extend this deadline to provide all the reviewing agencies ample time to work with the event coordinators and ensure events meet the standards listed in the Temporary Event Manual. Just as importantly, the additional time allows PBES to issue licenses well in advance of the event, giving event coordinators and attendees greater certainty and confidence in their planning. The 90-day timeline modernizes a process to better accommodate new state regulations and code requirements that have become more complex over two decades and better serves both applicants and the departments that support them. Please refer to Attachment E for an outline of the current review process that illustrates the value of expanding the timeline to 90 days.
Under Resolution 2018-164 (Attachment I), previous Board direction was to move the temporary event application from 60 days to 90 days. The Resolution reads in part:
3. The Board directs Staff to return to the Board with a proposed Ordinance for the Board’s consideration at a public hearing for revisions to the current process and procedures for regulation and permitting of temporary events, with the following proposed elements:
a. Create an enforcement process for Temporary Events, similar to the procedures currently used by the Public Works Department to enforce permits that allow Special Events on Public Roadways. The enforcement process would include the ability to place permit holders “on probation” when a violation has been confirmed, and to allow for the denial of applications for Temporary Event permits where there are multiple violations.
b. Require that applications for Temporary Events be submitted a minimum of 90 days in advance of the date of the event. The County will engage in outreach and education efforts to ensure that property owners, non-profit organizations, and other sponsors of temporary events are informed of the change in the application timeline.
Staff initially explored a tiered timeline, 120 days for larger, more complex events and 90 days for smaller ones, to give reviewing agencies additional lead time where it mattered most. As staff engaged event organizers on this concept, a valuable theme emerged: for many larger events, critical operational details, layouts, and contracts are often still being finalized that far in advance, making a complete 120-day submittal impractical. Staff listened and refined the proposal to a single, uniform 90-day deadline across all categories, a timeline aimed at balancing required interdepartmental review with the practical realities of event planning, while keeping the process simple and predictable for applicants.
To further support the 90-day timeline, staff have made substantial improvements to the Temporary Event application process to support applicants with more streamlined and complete submittals. The new Temporary Event Manual, as discussed below, provides a comprehensive site plan checklist and detailed submittal requirements, and is designed to ensure that applications are more substantially complete and review-ready at the time they are submitted than in the current scenario. Coupled with extending the application timeline from 60 to 90 days, staff is confident these improvements will provide reviewing agencies with more complete information earlier in the process and allow applications to move through interdepartmental review with sufficient time prior to the event.
5. Removal of license requirement for ticket sales
Removal of the requirement that the license must be issued prior to the commencement of ticket sales. This gives event organizers the flexibility to begin promoting and selling tickets on their own timeline, rather than holding sales until the temporary event license is issued, while making clear that doing so before issuance is at the organizer's own risk.
6. Revised Late Application Procedure
Under the revised procedure, the PBES Director shall not accept late applications for processing after the established deadline unless the director finds that:
a. The proposed event is in response to an occurrence whose timing did not reasonably allow the applicant to file a timely application;
b. The imposition of the time limitations would place an unreasonable restriction on the expressive activity of the applicant; or
c. The nature of the proposed event is one that may reasonably be accommodated without undue or adverse impacts to County staff’s ability to process such an application.
This replaces the current hard cutoff, under which no application submitted fewer than fifty (50) days before the event could be accepted for processing and therefore no license could be issued, regardless of the circumstances. The revised approach gives the Director discretion to accommodate legitimate late requests when one or more of the above conditions exist. Late application fees, established by the Board of Supervisors, would still apply.
7. Days of Separation Between Events
Previously, the ordinance required a set separation of days between events of at least four days (if a three-day event) and five days (if a one- or two-day event) between the event and any other category of event to allow for agency resource, neighbor or general public relief from continuous activity in the area. To simplify and streamline the planning, processing and coordination of events, this provision would be revised to reduce the separation to only four days between the event and any other category of event for Categories 1, 1A, 2A, 2B, 3, 4, and 5. Category 6 (Event Series) would require a separation of at least four days before the start or end of the event period on the same parcels by the same event organizer.
A summary table of the proposed event category changes and other amendments has been provided for Board consideration and public review in Attachment D.
Draft Temporary Event Manual Update: (Attachment F)
The Temporary Event Manual has been thoughtfully updated to reflect current federal, state, and local regulations, including Chapter 5.80 - the Reusable Foodware and Waste Reduction Ordinance - as they apply to temporary events, catering, and winery-related activities.
These updates clarify what qualifies as a temporary event, provide clearer, and more user-friendly guidance on related permit requirements, and streamline coordination across all agencies involved. The manual also now includes accurate and up-to-date contact information for local agencies responsible for regulating specific aspects of temporary events to streamline communications for applicants. Additionally, the Temporary Event Manual was reformatted to make it easier for applicants to navigate the requirements and what specifically needs to be included in their submittal based on the scope of the event. A copy of the existing Temporary Event Manual has been included in Attachment H in addition to draft revised Manual (Attachment F).
An important objective of this update is to ensure the Manual is able to be more regularly updated. Staff recommends that the Board adopt a resolution approving this update to the Temporary Events Manual and directing PBES staff to maintain it as a dynamic, living document, one that keeps pace with evolving federal, state, and local regulations, industry best practices, and community needs (Attachment C). If directed by the Board, PBES will circulate the Manual annually to relevant departments and external agencies for review and feedback. Revisions will be made in response to agency feedback, applicant input, and changes in federal and state regulations, and/or Napa County Code. Building this regular review cycle into the process keeps the standards current, improves accessibility and accuracy, and ensures the County can remain responsive to the community rather than reactive to problems that accumulate over time.
Updated Application Process:
Once the final ordinance and new manual are adopted by the Board, Staff intends to develop a user-friendly updated online application form to reflect the updated submittal requirements.
Stakeholder Outreach:
The proposed updates reflect more than two years of discussion and collaboration with the County departments, agencies, and event organizers who are the most knowledgeable about the temporary event application process.
From August 2025 through May 2026, staff met several times with the Napa Valley Vintners, event organizers, non-profit organizations, winery hospitality and event staff, and individual Board members to discuss the proposed changes and gather feedback. Planning staff also used the 2026 application season as an opportunity to walk current applicants through the proposed changes and how they would impact future application processes when feasible. This direct outreach was valuable and helped shape and refine the updates in this proposal. Most notably, feedback from event organizers led staff to refine the initial 120-day submittal concept into a single, uniform 90-day timeline that better reflects the realities and feasibility of event planning phases.
Staff also provided broad public access to the drafts throughout the process. Two comment periods were held, first, on the initial draft released in August 2025 in preparation of going before the Board of Supervisors on September 23, 2025, in which the item was dropped from the agenda, and the second in June 2026, each announced by email to stakeholders and the PBES Interested Parties list, posted to the County's Current Projects Website, and shared across the County's social media platforms. Staff hosted public workshops in August 2025 and a combined in-person/virtual Community Workshop on July 1, 2026, with staff from PBES, EMS, Fire, Sheriff, and Public Works on hand to answer questions. The final draft documents, updated event category table, and responses to public comments were posted on August 13, 2026, and public notice of this hearing was published in the Napa Valley Register on August 13, 2026.
Public Comments:
The comments staff received during this process directly informed the final proposal. During the comment period on the drafts posted June 12, 2026 (deadline July 10, 2026), staff received input via email, mail, and at the July 1 Community Workshop, then reviewed each comment and revised the draft Ordinance and Manual where appropriate. Attachment G contains the comments received and pairs each comment with staff’s response and any resulting changes or clarifications, for Board and public review.
Next Steps:
If the Board votes today to express intent to adopt the ordinance, the ordinance will return for final adoption on September 15th, with a proposed effective date of January 1, 2027. Aligning the effective date with the start of the 2027 event season provides a smooth transition for event organizers who will plan and submit their 2027 events under a single, consistent set of regulations and minimum standards. To support this transition, staff will modernize the Temporary Event application to align with the new Manual and offer it as an online form that can be submitted through the County’s Online Permit Center. The updated Application and Temporary Event Manual (Minimum Standard Requirements) would be effective for any event that takes place in 2027, and a transition plan will be put in place for those 2027 applications submitted prior to January 1, 2027.
Staff also anticipate bringing a proposed update to the Temporary Event application fees to the Board in September 2026, to align the fee schedule with the revised application event categories. Details will be presented to show the changes needed to align the fees with the new ordinance and manual at that time.
Requested Actions:
1. Conduct a public hearing to introduce an ordinance that would amend the Napa County Code as follows:
a. Chapter 5.36 (Temporary Events), relating to application, processing, and noticing requirements for temporary events in Napa County;
b. Section 18.10.020 (Duties - Specific Subjects) of Chapter 18.10 (Zoning Administrator), relating to the Zoning Administrator's duties to hear and decide temporary event license applications; and
c. Section 18.120.010 (Exception to Use Limitations) of Chapter 18.120 (Exceptions), to update the temporary event categories; and
2. Adopt a Resolution approving the Temporary Events Manual and directing that the manual and application be maintained by Napa County Planning, Building and Environmental Services.
Procedural Requirements:
1. Open Public Hearing.
2. Staff report.
3. Public comments.
4. Close Public Hearing.
5. Motion, second, discussion and vote on intention to adopt the Ordinance and the adoption of a Resolution approving the updated Temporary Events Manual.
FISCAL IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Temporary Event Ordinance and Manual have not been updated since 2006; Health and safety code requirements regulating events have changed at the federal, state, and local level for building, fire and environmental health. |
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Consequences if not approved: |
PBES would have to follow existing ordinance provision and minimum standard requirements. |
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Additional Information |
County Strategic Initiatives: Build Healthy, Connected Communities; Elevate County Service and Workforce Excellence |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: General Rule. It can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore CEQA is not applicable. [See Guidelines For the Implementation of the California Environmental Quality Act, 14 CCR 15061(b)(3)].
Attachments:
A. Ordinance Amending Chapter 5.36 Temporary Events and Related Chapter 18 Zoning Code Provisions (Redline Version)
B. Ordinance Amending Chapter 5.36 Temporary Events and Related Chapter 18 Zoning Code Provisions (Clean Version)
C. Resolution Approving the Temporary Event Manual
D. Temporary Event Ordinance Updated Event Categories and Proposed Amendment Table
E. Temporary Event Application 60 Day Review Process
F. Updated Temporary Event Manual (ADA Compliant)
G. Public Comments and Staff Responses
H. Existing Temporary Event Manual/Application
I. BOS Resolution 2018-164