TO: Board of Supervisors
FROM: Sheryl L. Bratton, County Counsel
REPORT BY: Silva Darbinian, Deputy County Counsel
SUBJECT: Ordinance Amending Titles 17 (Subdivisions) and 18 (Zoning) of the Napa County Code
RECOMMENDATION
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Adopt an Ordinance amending the Napa County Code for Titles 17 (Subdivisions) and 18 (Zoning), to bring the Code into alignment with current State law and the County's recently certified Housing Element to the General Plan. (No Fiscal Impact)
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BACKGROUND
To implement the recently adopted County Housing Element and in response to numerous recent legislative changes to State housing law, staff from the PBES Department and County Counsel, as well as outside legal consultants, prepared a series of recommended draft amendments to the Napa County Code.
On July 17, 2024, the Planning Commission held a study session to review the recommended changes, take any public comments, and provide direction regarding the proposal. There were no public comments. At that time, the Commission directed staff to revise the draft ordinance to require that medium residential care facilities obtain a Use Permit in the AP (Agricultural Preserve) and AW (Agricultural Watershed) Zones. Staff incorporated the Commission’s direction into the draft ordinance and made other, technical changes to ensure the ordinance conforms with State law. The Planning Commission considered the revised draft ordinance on August 7, 2024, and unanimously recommended that the Board of Supervisors adopt the draft ordinance. There was no public comment on the item, although the Commission received several letters regarding the designation of housing along Foster Road, which had already been approved in the certified Housing Element.
On September 10, 2024, the Ordinance was introduced at a duly noticed public hearing before the Board of Supervisors. There was no public comment, and the Board expressed its intent to adopt the Ordinance at a future hearing. The Ordinance is presented today for consideration and adoption by the Board of Supervisors.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it Mandatory or Discretionary? |
Mandatory |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: On January 24, 2023, the Napa County Board of Supervisors adopted a resolution certifying an Environmental Impact Report (EIR) (State Clearinghouse # 2022010309) and adopting Findings, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program pursuant to CEQA for the Napa County General Plan Housing Element and Safety Element Updates (HEU & SEU). The project description provided in the certified EIR included zoning changes proposed in this action. No supplemental or subsequent EIR is required, in that no additional zoning changes are proposed that affect the physical environment, and no new information or changes to circumstances have occurred which involve new significant environmental effects or a substantial increase to the severity of previously identified effects.
In addition, the zoning ordinance revisions are exempt from the California Environmental Quality Act based on the following:
1. The zoning changes are covered by the “common sense exemption” (CEQA Guidelines Section 15061(b)(3)) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that the adoption of the ordinance may have a significant effect on the environment, in that the ordinance simply incorporates into the County Code provisions required by state law and adopted in the County’s Housing Element. Failure by the County to act to implement the Housing Element may permit the Department of Housing and Community Development to revoke its approval of the County’s Housing Element and refer the County to the Attorney General. (Government Code Sections 65585(i), (j).)
2. Adoption of an accessory dwelling unit ordinance to implement the provisions of state law is statutorily exempt from CEQA. (Public Resources Code Section 21080.17.)
Adoption of an ordinance to implement provisions of SB 9 (Government Code Sections 65852.21 and 66411.7) is not a project under CEQA. (Government Code Sections 65852.21(j) and 66411.7(n).).