TO: Napa County Planning Commission
FROM: Brian Bordona; Director of Planning, Building and Environmental Services
REPORT BY: Trevor Hawkes; Supervising Planner
SUBJECT: Amendments to Titles 17 & 18 of the Napa County Code related to Urban Lot Splits and Two-Unit Development
RECOMMENDATION
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Proposed Napa County Code Amendments Related to Urban Lot Splits and Two-Unit Development
Request: This is a County-initiated amendment to the Napa County Code for Titles 17 (Subdivisions) and 18 (Zoning), to bring the Code into alignment with current State law regarding Urban Lot Splits and Two-Unit Development.
Staff Recommendation: Hold a public hearing and recommend the Board of Supervisors adopt the proposed Ordinance amendment to the Napa County Code.
Staff Contact: Trevor Hawkes, Supervising Planner, 707-253-4388 or trevor.hawkes@countyofnapa.org
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EXECUTIVE SUMMARY
Proposed Action:
Staff recommend that the Planning Commission hold a public hearing and recommend the Board of Supervisors approve the proposed ordinance amending the County Code for compliance with State housing law.
Discussion:
This is a County-initiated amendment to bring County Code in alignment with State housing law. The proposed draft ordinance would update code sections related to Urban Lot Splits (NCC Sections 17.17.020 and 17.17.040) and Two-Unit Development (NCC Section 18.104.440), bringing them into compliance with State law through the 2025 State legislative session.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: 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(k) and 66411.7(n).)
BACKGROUND AND DISCUSSION
Proposed amendment to Napa County Code (NCC) sections due to current State housing law concerning Urban Lot Splits and Two-Unit Developments (Senate Bill 9 of 2021):
Planning, Building, and Environmental Services (PBES) Staff, County Counsel and outside legal consultants have prepared the draft ordinance under consideration for advisory recommendation to the Board of Supervisors (BOS) to amend NCC Chapter 18.104 (Two-unit Developments) and NCC Chapter 17.17 (Urban Lot Splits), due to amendments to the Government Code through legislative session 2025. All proposed amendments to the NCC are intended to bring the code up to date with the minimum required standards of the statute. Please refer to the Executive Summary in Attachment C for a summary of modifications to each individual section.
Primarily the draft ordinance proposes amendments to the NCC due to Senate Bill 450 (2024). SB 450 made the following amendments to Government Code sections 65852.21 and 66411.7, the core statute governing Two-Unit Development and Urban Lot Splits, summarized as follows:
• Objective standards imposed on SB 9 projects must generally also apply uniformly to the underlying single-family zone. Counties cannot create special restrictive standards aimed only at SB 9 projects unless they are more permissive.
• The County’s review must remain ministerial and generally be completed within 60 days of receipt of a complete application.
• Applications may not be denied based on generalized “physical environmental” impacts except under the narrower statutory health and safety exceptions.
• The State’s Department of Housing and Community Development (HCD) enforcement authority over SB 9 compliance was strengthened.
• Local objective subdivision and design standards must be tied to parcel design/improvements and cannot effectively preclude SB 9 projects.
The draft ordinance also proposes amendments in response to AB 1061 which narrowed historic district exemptions under SB 9.
Finally, revisions to NCC Sections 17.17.020, 17.17.040 and 18.104.440 are recommended to add clarity to the code in line with HCD’s recommended guidance on SB 9.
Decision-Making Options:
Upon consideration of public comment and close of the public hearing, the Commission may take one of the following actions:
Option 1: Recommend Approval of the Draft Ordinance (Staff Recommendation)
Discussion - With this option the Planning Commission would make an advisory recommendation to the Board of Supervisors to adopt the proposed draft ordinance, amending the County Code to reflect state legislative changes to housing law. Staff support this option because it brings the County into compliance with State requirements for Two-Unit Developments and Urban Lot Splits.
Action Required - Follow the proposed action listed in the Executive Summary. If any modifications to the draft ordinance are recommended, specify these modifications at the time the motion and recommendation are made.
Option 2: Recommend Denial of the Draft Ordinance
Discussion - With this option the Planning Commission would make an advisory recommendation to the Board of Supervisors to deny the proposed draft ordinance. Denial of the draft ordinance would not correct existing inconsistencies and omissions in the County Code regarding current state requirements for Two-Unit Developments and Urban Lot Splits. As State law preempts the County Code for these land uses, without the proposed update the County risks inconsistency in project review and Staff may need to default to State standards without the benefit of a tailored local code. Failure to comply with State housing law may result in additional review of County code regarding housing by HCD and/or Attorney General. For these reasons, Staff does not recommend this option.
In the event the Commission determines that the proposed draft ordinance should not be adopted, the Commissioners should articulate their reasons for the recommendation. This recommendation will be transmitted to the BOS at a future public hearing date to be determined.
Action Required - The Commission would indicate its intent to make an advisory recommendation of denial to the Napa County Board of Supervisors and articulate their reasons for the recommendation to Staff.
Option 3: Continuance
The Commission may continue the item to a future hearing date