TO: Napa County Planning Commission
FROM: Brian D. Bordona, Director - Planning, Building, and Environmental Services
REPORT BY: Michael Parker, Planning Manager - Planning, Building, and Environmental Services
SUBJECT: Proposed Amendments to Title 18
RECOMMENDATION
title
Title 18 Zoning Code Update
CEQA Status: Consideration and recommendation that the Board of Supervisors find the project exempt from CEQA pursuant to the following Categorical Exemptions: CEQA Guidelines §15061(b)(3) General Rule. The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 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. The project is also exempt under CEQA Guidelines §15301(Existing Facilities); CEQA Guidelines §15303. (New Construction or Conversion of Small Structures); and CEQA Guidelines §15304 (Minor Alterations to the Condition of Land). It has been determined that this type of project does not have a significant effect on the environment and is exempt from CEQA pursuant to these exemptions of which may be found in the guidelines for the implementation of the CEQA at 14 CCR §15301, §15303, and §15304. The project is further exempt under CEQA Guidelines §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). The proposed ordinance is consistent with the 2008 General Plan as adopted by Napa County and is consistent with the Environmental Impact Report as certified by Napa County for the General Plan (State Clearinghouse # 2005102088 ) therefore, this ordinance requires no additional environmental review.
Staff Recommendation: That the Planning Commission hold a public hearing, and recommend the Board of Supervisors (BOS) find the proposed amendments to Title 18 (Zoning) categorically exempt from the California Environmental Quality Act (CEQA) and adopt an ordinance amending Title 18 (Zoning) of the Napa County Code.
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EXECUTIVE SUMMARY
Request:
That the Planning Commission make the following recommendation to the Board of Supervisors:
1. Find the proposed amendments to Title 18 (Zoning) categorically exempt from the California Environmental Quality Act based on the CEQA Memorandum attached as Attachment D; and
2. Adopt an ordinance amending Title 18 (Zoning) of the Napa County Code, as amended with staff’s change memorandum (Attachment E).
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: Consideration and recommendation that the Board of Supervisors find the project exempt from CEQA pursuant to the following Categorical Exemptions: CEQA Guidelines §15061(b)(3) General Rule. The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. 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. The project is also exempt under CEQA Guidelines §15301(Existing Facilities); CEQA Guidelines §15303. (New Construction or Conversion of Small Structures); and CEQA Guidelines §15304 (Minor Alterations to the Condition of Land). It has been determined that this type of project does not have a significant effect on the environment and is exempt from CEQA pursuant to these exemptions of which may be found in the guidelines for the implementation of the CEQA at 14 CCR §15301, §15303, and §15304. The project is further exempt under CEQA Guidelines §15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). The proposed ordinance is consistent with the 2008 General Plan as adopted by Napa County and is consistent with the Environmental Impact Report as certified by Napa County for the General Plan (State Clearinghouse # 2005102088) therefore, this ordinance requires no additional environmental review.
BACKGROUND AND DISCUSSION
The Napa County Department of Planning, Building and Environmental Services (PBES) periodically reviews the County’s land use regulations and permitting processes to ensure they remain clear, effective, internally consistent, and consistent with applicable state law. These reviews provide an opportunity to correct technical errors, clarify regulatory requirements, eliminate duplicative or outdated provisions, and identify improvements to permitting procedures while maintaining the County’s established land use framework.
Over the past year, staff identified provisions within Napa County Code (NCC) Title 18 (Zoning) that warranted revision, including technical errors, duplicative or unclear language, outdated requirements, inconsistencies among code sections, and provisions requiring updates to reflect consistency with state law.
In April 2026, staff and the Board of Supervisors received a Wine Industry Regulatory Policy Position letter jointly submitted by the Winegrowers of Napa County, Napa Valley Vintners, Napa Valley Grapegrowers, and the Napa County Farm Bureau. The letter identified immediate regulatory priorities and longer-term priorities for consideration by the County. The letter was discussed at length during the Board’s August 11, 2026, meeting, at which staff presented an overview of the identified NCC Title 18 updates and related regulatory issues. As part of its direction to staff, the Board directed that selected immediate priorities identified by the wine industry be incorporated into the broader Title 18 amendment package. Other priorities requiring additional analysis or discussion, including those not eligible for a categorical exemption under the California Environmental Quality Act (CEQA), were deferred for potential consideration through the County’s General Plan Update, as appropriate.
Following its discussion on August 11, 2026, the Board provided formal direction to staff to prepare proposed amendments to Title 18 for subsequent review and consideration. The proposed amendments respond to that direction and include technical and administrative corrections, clarification and removal of outdated or duplicative provisions, improvements to permitting procedures, and targeted changes to winery permitting requirements and operational flexibility. The amendments also address procedures and categories for use permit modifications, updates to align applicable provisions with state law, and other changes intended to improve the clarity, consistency, and administration of the Zoning Code. Collectively, the amendments are intended to improve the efficiency and predictability of the County’s permitting processes while maintaining the existing land use framework and applicable environmental review requirements and protections.
The proposed amendments address several areas of Title 18, including winery administrative permits (NCC Section 18.126.065), winery signage requirements (NCC Sections 18.08.620 and 18.116.060(B)), the Micro-Winery Ordinance (MWO), and procedures and categories for use permit modifications (NCC Section 18.124.130). The MWO update was previously pursued as a separate effort following Board direction in 2025. After that effort stalled, the Board directed staff on August 11, 2026, to incorporate the MWO amendments into the broader Title 18 update. This approach brings the MWO revisions forward as part of the broader Zoning Code amendment package. Additional proposed changes include technical corrections, updates to code citations and departmental references, clarification of inconsistencies, removal of redundant provisions, and revisions to eliminate gender-specific language.
Staff’s presentation and subsequent discussion resulted in Board direction for staff to bring back proposed amendments to Title 18 which included but were not limited to the following areas and/or topics noted below.
Attachment C has proposed redlined amendments to Title 18 accompanied with staff’s rational or justification noted for substantial changes.
Summary of Proposed Amendments Based on Board Direction
A. Administrative Permits for Wineries (NCC Section 18.126.065):
1. Marketing Plan Flexibility: Amendments that provide permittees with greater flexibility in scheduling/hosting approved marketing plans where there is no net increase in overall visitation. This approach would allow wineries to adapt to changing market conditions and consumer preferences without increasing overall operational intensity.
2. Employee and Visitation Flexibility: Allow adjustments to approved employee counts in exchange for corresponding changes in visitation levels and/or production capacity, provided 1) there is no net increase in groundwater demand; 2) no increase in waste water generation; and 3) provided there is no net increase in average daily trips (ADT). This approach would provide operational flexibility while ensuring impacts remain within previously analyzed limits. It would also streamline the permitting process by allowing qualifying adjustments without the need to obtain a Minor Modification to the Use Permit, reducing regulatory burdens, costs, and processing time for both applicants and County staff.
3. Removal of GHG Reduction Barriers: Removal of requirements to obtain an Administrative Winery Permit to install electric vehicle charging stations (Section 18.126.065(C)) and bicycle racks (Section 18.126.065(I)), which could serve as barriers to achieving the County’s climate and GHG reduction goals. Deleting these sections of code will remove a duplicative permit process. EV Charging stations and bicycle racks are governed by the California Building Code and already require issuance of a building permit which will continue to be reviewed by the County Building Division with a referral to the Planning Division.
4. Commercial Kitchen Expansions: Allow the establishment or expansion of existing permitted winery commercial kitchens through the Administrative Permit process, provided there is no net increase in groundwater demand or wastewater generation. These requests would not increase approved operational capacities. This concept would improve permit administration while maintaining existing operational limits.
5. Throughout the proposed amendments to Section 18.126.065, staff has proposed language to the existing permitting and land use framework that allows for expanded flexibility where appropriate and within the existing winery development area so long as there is no intensification to operational characterizes including but not limited to groundwater, waste water production, traffic, visitation, etc.
B. Eliminate the Requirement for “Tours and Tastings by Prior Appointment Only” [Napa County Code Sections 18.08.620 and 18.116.060(B)]
Current County regulations require wineries established after February 22, 1990, to post the words “Tours and Tastings by Prior Appointment Only” on entrance signage identifying the winery from a public roadway. This requirement originated when appointment-only visitation restrictions were a distinguishing operational characteristic of post-1990 wineries. Today, appointment-based visitation has become standard industry practice, and visitor information is typically communicated through winery websites, reservation systems, digital platforms, and direct customer communications. Staff has not identified a continuing land use purpose served by this signage requirement and recommends deleting the requirement that wineries include the phrase “Tours and Tastings by Prior Appointment Only” on entrance signs.
Under the proposed amendment, wineries would no longer be required to display the language “Tours and Tastings by Prior Appointment Only” nor would they be subject to the requirement of visitation by prior appointment. Those wineries, choosing to retain the language, could continue to do so, subject to all existing sign standards related to size, placement, design, materials, and maintenance would remain in effect. The proposed amendment would remove an outdated regulatory requirement while preserving the County's existing authority over winery signage.
C. Modernize and Simplify Micro-Winery Ordinance (MWO)
On March 11, 2025, the Board received a status report on the MWO, removed the ordinance’s sunset date, and directed staff to identify potential improvements within the County’s local authority. On May 6, 2025, staff presented proposed amendments to: 1) increase the annual production limit from 5,000 to 10,000 gallons; 2) increase allowable average daily trips (ADT) from 20 to 40; 3) allow up to 10 marketing events annually with a maximum of 30 attendees each; and 4) clarify that vineyards on the subject property or contiguous parcels under common ownership must be established and producing grapes at the time of application.
The Board directed staff to refer the amendments to the Planning Commission, which considered them on August 25, 2025. The Commission’s discussion largely focused on state requirements and regulatory matters outside the County’s authority rather than the locally controlled improvements identified by the Board. Consequently, no substantive changes or additional direction resulted from the Commission’s review.
As directed by the Board, staff have included updates to the MWO in the overall update to Title 18 and are summarized as follows:
1. Increase Operational Thresholds: Increase annual production limits from 5,000 gallons to 10,000 gallons and increase visitation allowances from 20 ADT to 40 ADT. These thresholds would remain consistent with current practices related to Small Winery Exemptions, which allow for up to 20,000 gallons.
2. Remove Estate Grape Requirement: Delete the requirement that 75 percent of grapes be sourced from the winery estate. This requirement has proven difficult to administer and may unnecessarily limit business flexibility without providing a corresponding land use benefit. It could also unfairly burden new wineries relative to larger wineries seeking a traditional winery use permit.
3. Remove the existing two-year waiting period before a modification request may be submitted. This would allow permit holders to respond more effectively to changing market conditions and operational needs.
4. Simplify Winery Permit Categories: Propose incorporating micro-wineries into the broader winery regulatory framework to reduce the number of winery use permit classifications and simplify administration. Under this approach, new wineries producing between 201 and 10,000 gallons annually and generating no more than 40 ADT, would continue to be reviewed by the Zoning Administrator. This approach implements the existing permitting structure while preserving existing levels of review and public participation.
D. Section 18.124.130 (Use permit modifications-Procedure-Categories)
Staff has proposed changes to the minor modification section that 1) align with California Government Code Section 65905, which requires a public hearing for conditional use permits or modifications to conditional use permits, 2) provide language or threshold consistency with other sections of County Code, or 3) relocated language from other sections.
Lastly, throughout the amendments to Section 18.124.130, staff has proposed language within the existing permitting and land use framework that allows applicants expanded flexibility through a discretionary application that subjects project proposals to evaluation under the California Environmental Quality Act (CEQA) and which triggers a public hearing before the Zoning Administrator.
E. Additional changes identified and proposed by staff:
Staff has proposed a number of other amendments including but not limited to technical corrections, the resolving or clarification of inconsistencies, the elimination of duplicative or redundant code sections, updating citations, removing typographical errors, eliminating gender-specific language, and amendments that reflect departmental reorganizations and responsibilities.
Process Improvement Efficiencies Outside Title 18 - Informational Only
Consistent Enforcement of Napa County CEQA Guidelines for Abandoned Applications
At its August 11, 2026, meeting, the Board directed staff to explore opportunities to improve the quality and completeness of application submittals, reduce costs and staff time associated with reviewing incomplete applications, and improve the overall efficiency and predictability of the permitting process. In response, staff evaluated existing application review practices and identified an opportunity to more consistently implement the County's existing Board-adopted policies governing abandoned applications.
The submittal of incomplete applications and inadequate technical reports remains an ongoing challenge for the Planning Division and other reviewing departments and divisions, including Environmental Health, Engineering, Public Works, and the Fire Marshal. These deficiencies are a significant contributor to overall application processing times, often requiring multiple rounds of review, coordination, and correspondence before an application can be deemed complete and advance through the permitting process. The resulting delays increase costs for applicants, consume limited staff resources across multiple departments, and extend project timelines. These challenges can be further compounded by project revisions, consultant coordination, and the preparation of technical studies, some of which are subject to seasonal constraints.
Historically, the Planning Division has afforded applicants considerable flexibility in addressing application deficiencies. While intended to accommodate project-specific circumstances, this practice has also contributed to prolonged application processing, repeated reviews by multiple County departments and divisions, increased costs, and inconsistent application of established County policy.
Existing Board-Adopted Policy: Napa County's Guidelines for Implementing the California Environmental Quality Act (CEQA) were adopted by the Board of Supervisors and established the County's policies and procedures for administering environmental review, including requirements for addressing incomplete and abandoned applications. Specifically, Section 401(b)(2) establishes deadlines for applicants to provide outstanding information and states:
Failure to provide the required information within one-hundred twenty (120) days of issuance of a Completeness Determination or thirty (30) days of issuance of a Request For Deposit Submission shall cause the application to be deemed “abandoned” without further notice or action unless the Planning Director gives a written extension to the deadline involved. Once an application is deemed abandoned, no further work shall be done on the project without submission of a new application and payment of new fees.
Proposed Change in Administrative Practice: Consistent with the Board's August 11, 2026, direction, staff intends to more consistently administer Section 401(b)(2) of the County's existing CEQA Guidelines. Applications for which required information is not provided within 120 days of the applicable Completeness Determination will be deemed abandoned unless the Planning Director grants a written extension. Extensions will generally be reserved for circumstances warranting additional time, rather than routinely granted as part of the application review process.
Importantly, this change does not establish new policy, impose additional regulatory requirements, or modify existing deadlines. Rather, it ensures that existing policy is implemented consistently and as intended. Abandonment is not a denial of a project on its merits and does not preclude an applicant from submitting a new application when prepared to proceed.
Anticipated Benefits: More consistent implementation of the Board's adopted policy is intended to encourage applicants and their consultants to submit complete, technically adequate applications and respond to identified deficiencies in a timely manner. Because incomplete and inadequate submittals represent a significant source of delays in the permitting process, improving application quality and reducing repeated incompleteness reviews presents an important opportunity to improve overall processing times. This approach is also expected to reduce unnecessary costs and staff time across reviewing departments and divisions, improve interdepartmental coordination, and establish clearer expectations for applicants and staff.
By reducing prolonged periods of application inactivity and allowing staff to focus limited resources on applications that are sufficiently developed to advance through environmental review and decision-making, this approach supports the Board's broader objective of a more efficient, coordinated, and predictable permitting process.
Implementation and Public Outreach: Prior to implementation, the Planning Division will communicate this change to industry groups, planning and environmental consultants, and land use attorneys to ensure applicants understand the applicable deadlines and consequences of failing to provide required information. Staff will continue to issue abandonment letters explaining the basis for abandonment, the process for refunding any remaining funds on account, and the opportunity to submit a new application.
Overall, this administrative change implements existing policy and responds directly to the Board's August 11, 2026, direction to improve application quality, reduce unnecessary costs and staff time across reviewing departments and divisions, and promote a more efficient, coordinated, and predictable development review process.
Public Comment: At the time of agenda publication, no public comments have been received.
Decision Making Options:
Option 1 (Staff Recommendation): Recommend the Board find the proposed amendments to Tile 18 (Zoning) categorically exempt from the California Environmental Quality Act and adopt an ordinance amending Title 18 (Zoning) of the Napa County Code, as amended with Staff’s Change Memorandum.
Disposition - This option would amend Title 18 (Zoning) as proposed.
Action Required - Follow the proposed actions listed in the Executive Summary.
Option 2: Recommend the Board Consider Revisions to the Request
Disposition - This option allows the Planning Commission to request the Board modify aspects of the proposed Ordinance amending Title 18.
Action Required - Follow the proposed actions listed in the Executive Summary and recommend additional amendments to the Ordinance. This option may result in the public hearing being continued to a future date if significant revisions are required.
ATTACHMENTS:
Attachment A: Draft Ordinance Amending Chapter 18 Zoning Provisions (Clean Version)
Attachment B: Draft Ordinance Amending Chapter 18 Zoning Provisions (Redline Version)
Attachment C: Draft Ordinance with Redlines and Staff Rational
Attachment D: CEQA Memorandum
Attachment E: Change Memorandum