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 Chapter 5.36, Temporary Events, of Napa County Code and Directing the PBES Department to Maintain the Temporary Events Manual and Application Packet
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 adopting the Temporary Events Manual and directing that the manual and application packet is maintained by Planning, Building and Environmental Services. (No Fiscal Impact)
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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 Event 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 not been substantively updated since their adoption in 2006.
On December 12, 2018, the Board adopted Resolution No. 2018-164, directing staff to return to the Board with an Ordinance for the Board’s consideration at a public hearing revising 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 would be informed of the change in the application timeline.
Napa County Planning, Building and Environmental Services (PBES) and several supporting County Departments conducted a comprehensive review of the Ordinance, Application Packet and Manual to address issues that have arisen in response to the last update adopted by the Board in 2006, and in response to the Board’s 2018 direction. This item proposes changes to Chapter 5.36 to revise these requirements, including increased processing times from 60 days to 90 days or 120 days (in the case of larger events) to accommodate for application review and responses, 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.
A temporary event is typically held at any place other than a highway (as defined in Section 10.24.010 of the Napa County Code), a permanent building or installation constructed and primarily used for the purpose of conducting public assembly.
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:
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.
After a comprehensive review of the Temporary Event Process, staff are proposing the following changes to reflect current practices, community expectations, and to better address public health and safety requirements.
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 2 - 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. Addition of Category 6
This new category is designated for an event series that includes multiple events held on the same or separate parcels within a 30-day period in the same calendar year. Under this category, all events must be submitted under a single permit and all applicable requirements must be met for each parcel where an event is taking place.
3. Revised Hearing Requirements
An application for a license to conduct a Category 2A, 2B, or 3 event (all events with 400 persons or less) shall be approved upon meeting the minimum standards in the Temporary Events Manual. An application for a license to conduct a Category 4, 5, or 6 event (all events with 401 person or more) shall be noticed, with an opportunity to request a public hearing before the Zoning Administrator.
The modification would change the procedure for Category 3, 4 and 5 events. Currently, Category 3 events are noticed, with an opportunity to request a public hearing before the Zoning Administrator and Category 4 events are set for hearing before the Zoning Administrator. Category 5 events are set for hearing before the Board of Supervisors.
4. Extended Application Processing Timelines
An application for a license to conduct a Category 2A, 2B, or 3 event shall be submitted to the department 90 calendar days or more prior to the event. An application for a license to conduct a Category 4, 5, or 6 event shall be submitted to the department 120 calendar days or more prior to the event.
Currently, all applications are due at least 60 days prior to the event. Staff is requesting to extend this deadline to allow all the reviewing agencies ample time to work with the event coordinators and ensure events meet the requirements listed in the Temporary Event Manual. It also allows PBES to issue the license in advance of the event, providing assurance to the event coordinator and attendees. 120 days is requested for event categories that require noticing, to account for the publishing in the local newspaper, and to provide adequate time to request a hearing before the Zoning Administrator, in advance of the event. Under the present timeline, many events receive their license days before the event, creating strain on the departments and uncertainty for the applicant.
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.
Instead, tickets may be sold but at the risk of the event organizer prior to the license issuance.
6. Revised Late Application Procedure
To accept late applications for processing after the established deadline, the PBES Director shall find 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 staffs’ ability to process such an application.
Applications for Category 4, 5, and 6 events received less than 100 days prior to the event will not be accepted under any circumstances.
Previously, no application submitted less than fifty days before the date of commencement of the event could be accepted for processing and therefore no license could be issued.
Late application fees, established by the Board of Supervisors, would still apply.
7. Revised Fee Waiver Procedure
Fee waivers are only issued if the applicant is a local 501(c)(3) or 501(c)(4) organization or has designated a local 501(c)(3) or 501(c)(4) partner and (2) a minimum of twenty-five percent of net revenues are designated for said local organization or local partner.
Further, the fee waiver will be applied and a refund issued to the applicant following the submittal of the post event report. This report will include proof of the non-profit status and the donation amount.
Currently, no minimum is designated to qualify for a fee waiver, and these waivers are granted without proof of donation to a local 501(c)(3) or 501(c)(4) organization after the event.
Draft Temporary Event Manual Update: (Attachment D)
The minimum standards in the Temporary Event Manual have been revised to ensure compliance with 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 the definition of a temporary event, provide additional guidance on related permit requirements, and streamline the coordination process with 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. A copy of the existing Temporary Event Manual has been included in Attachment F in addition to draft revised manual (Attachment D).
Staff recommend that the Board adopt a resolution to update the Temporary Events Manual and direct PBES staff to maintain the manual, to ensure that the Manual’s standards reflect current regulation and industry best practices. 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, as well as changes in federal and state regulations, and/or the Napa County Code. This process will help prevent clerical errors, improve accessibility, and provide timely updates to event standards.
Draft Temporary Event Application Packet: (Attachment E)
Revisions to the existing application form were made to create a streamlined application process that benefits all parties involved. Additional questions were added to ensure that applicants provide a complete and accurate description of the event and acquire all required permits upon authorization of the Temporary Event to ensure that public health and safety issues are addressed. It should be noted that an application will not be accepted until the full application checklist is submitted. Following review of this item, it is staff’s intent to finalize the Application Packet and complete the Temporary Events Frequently Asked Questions (FAQ) document for posting on the County’s website. A copy of the existing Application Packet has been included in Attachment F.
A summary table of the Temporary Event Ordinance Update event categories and proposed amendments can be found in Attachment G.
Stakeholder Outreach:
In early 2024, PBES engaged other County departments and hosted a kickoff meeting to begin updating the Temporary Event Manual. All departments submitted comments, which were compiled into one document. On April 2, 2025, PBES staff presented the document to a working group, which included Napa County Public Works, Napa County PBES, Napa County Sheriff, Napa County Emergency Services, California Highway Patrol, County Fire Marshall, and Napa County Regional Park and Open Space District. PBES Staff circulated the draft documents and returned to the working group on June 4, 2025, to share the final drafts.
PBES compiled a list of stakeholders, including past applicants, event organizers in Napa Valley, and PBES’ interested parties list. On August 6, 2025, PBES sent an email to stakeholders outlining the proposed changes and provided a link to the draft documents in the Current Projects Folder on the County's website: <https://www.pbes.cloud/index.php/s/qrizHwJAc6Abkqs>. One written comment was received, which requested a summary of the changes. A table summarizing all changes was added to the Current Projects Folder on August 11, 2025.
PBES hosted two workshops to present the changes, answer questions, and solicit comments. The first workshop was held in person on Tuesday, August 12, 2025. A zoom link was provided for those who wished to attend remotely. A second workshop was held remotely on Thursday, August 14, 2025. County staff, including PBES, EMS, Fire, Sheriff, and Public Works were available at both workshops to answer questions. No comments were received at the workshops. Both workshops were recorded, and the recordings and presentation materials were posted to the Current Projects Folder.
Further, PBES engaged with the County’s Public Information Officer to post the information to the various social media platforms. The link to all draft documents was also posted to the PBES homepage on the Napa County website. Comments were encouraged by August 20, 2025, at 5 p.m. to work with stakeholders where applicable to answer questions and address comments. At the time of drafting this staff report, only one comment was received and is included in Attachment I - Public Comments.
Next Steps:
If the Board votes today to express intent to adopt the ordinance, the ordinance will return for adoption on October 7, 2025. If adopted, Staff proposes the Ordinance be effective starting January 1, 2026, allowing for a smooth transition for future events that must adhere to the revised regulations and minimum standards. The updated Application and Temporary Event Manual (Minimum Standard Requirements) would be effective for any event that takes place in 2026, and a transition plan will be put in place for those 2026 applications submitted prior to January 1, 2026.
Procedural Requirements:
1. Open Public Hearing.
2. Staff report.
3. Public comment.
4. Close Public Hearing.
5. Motion, second, discussion and vote on intention to adopt the Ordinance and the adoption of a Resolution adopting 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 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 provisions and minimum standard requirements. |
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)].