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Residential Development Ordinance
Residential Development Ordinance
Bill Hocker | Dec 11, 2022 on: Growth Issues
Update 12/11/22
The next community outreach meeting on the Residential Development Ordinance is scheduled for 12/14/22. The meeting notice is here and the documents are here.
Update 10/21/22
BPES will present the revised Residential Development Ordinance to the County Planing Commission on 11/2/22 for approval.
Staff agenda letter and documents are here
As might be expected, the ordinance is so larded with compromises, exceptions and impenetrable and manipulable legalese to have little impact on determined developers: It only applies to the AP (valley floor), contiguity of the one acre, and most every other provision, is subject to negotiated exemptions, compliance and horse-trading will be decided in below-the-radar zoning administrator meetings, no maximum building height so 2 and 3 story homes are more likely, state-encouraged ADU's need not be included, solar arrays, gardens may be excluded, no road setbacks mean homes will most likely end up within the winery road setback, and the 1 acre is in addition to the 25% of the parcel that may be occupied by a winery (note the pictured example).
I suspect that, as stated in the "Whereas's", the ordinance may have little impact on the 10 acres of Napa farmland currently lost each year to home construction. The value, also stated there, is an increase in government review of the projects. As we have witnessed over the last 9 years, governmental review unfortunately means that government ends up taking on the role of the developer often against the public interest, so not much hope of change there.
Still, some regulation is better than the current no regulation. And more importantly, given that all of the letters in opposition are from real estate brokers, or form-letters supplied by them, the luxury home development industry does seem to think that the ordinance will help protect the vines from their depredations.
Update 5/24/22
The Residential Development ordinance is being solidified and more examples are being presented. The County is requesting comments to be submitted by July 1, 2022 to Jason Hade, jason.hade@countyofnapa.org or Brian Bordona, Brian.Bordona@countyofnapa.org.
Ordinance Amendments
Current development examples
I would add the following conditions to 18.104.440:
"H. The residential development envelop shall meet the following setback requirements:
"I. On parcels of four acres or more, the combined area of the residential development envelopment and any other development areas on the property shall not exceed twenty-five percent of the existing parcel or fifteen acres, whichever is less."
Update 11/9/21
In the Register recently I now notice the prominently displayed articles, like this and this, about the kind of luxury estates available in Napa if you have more than $10 million to spend on a home. These may or may not be the kind of land-hogging compounds that the Residential Development Ordinance seeks to contain, but by glorifying the McMansion good life to be found here already, they are, of course, encouraging more such projects to be built, some of which will pave over the vines on the valley floor. No doubt the Register is simply promoting the interests of the realtors that provide advertising to keep it in business. But the disconnect between newspaper's continued promotion of estate homes and the Supervisors efforts to contain the impacts of that promotion is an interesting dynamic.
Update 10/20/21
NVR 10/20/21: Napa County considers limiting house size in ag preserve
BOS 10/19/21 meeting agenda (Item 13B)
10/19/21 BOS meeting video
Ordinance Draft
Comments may be sent to john.mcdowell@countyofnap.org
Comment Letters already submitted are here (7 of 9 a form letter from real estate development interests)
Much was said in the workshop by the Supes about the sanctity of vineyard land and the concern over the loss (laid out by staff) of 3.2 acres of AP zoned land per year over the last 2+ decades to home construction. What was not mentioned was the loss of 3 or so acres of that same land every time a new winery is approved in the county.
A director of the NVGG was proud to claim that no acre of ag-zoned land has been lost since the Ag Preserve was created. That has been achieved, of course, by allowing the building of industrial and commercial uses on ag-zoned lands. The reality that hundreds of acres of vineyard land have been lost to tasting rooms and parking lots and outdoor serving areas for winery tourism, not to mention the unnecessary wineries themselves only built to serve as tourist attractions and ego statements.
Since 2010 about 80 new wineries have been approved, the majority within the AP (valley floor) zone. As mentioned below and pictured above, this loss of vineyard land to tourism uses is worse than the much smaller amount lost to McMansions, because an increasing tourism population creates additional development pressures that will ultimately eat away the open fields within town boundaries and make annexations of ag lands all but inevitable. As noted in the original entry in this post, I approve of limitations on home development in the county and commend the Supes for the effort. (I want them to go further with setbacks comparable to the wineries.) But there seems to be a bit of hypocrisy in their attitude toward ag land when considering homes versus the much greater impact to ag land from wineries. (Note that despite all of the new hillside vineyards planted in the last decade, actual producing acreage has hardly budged. The producing acreage is being lost somewhere.)
A sampling of the 80 winery projects approved and the loss of existing or potential vineyard land that each represents:
Geographer Amber Manfree has produced a map of the vineyard land lost since 1993, a total of some 793 acres.
Update 9/14/21
NVR 9/14/21: Napa County explores limiting agricultural preserve McMansions
Update 8/21/21
The County is requesting comments on a proposed Draft Residential Development Ordinance. Contact John McDowell with comments.
Proposed Zoning Amendments
Illustrative Development Examples
The proposed ordinance is a step in the right direction to limit the ongoing development of mega-mansions by the wealthy who want a piece of this most desirable tourist destination. But like most new ordinances proposed to slow the county's urbanization it is far too late. The mansions already cap the ridges of the valley and fill in the most desirable farmland on the valley floor. Just 1 year ago the county approved a mega-mansion that will decimate one of the few iconic forested knolls at the center of the valley. The requests for view-shed exemptions are approved by the Zoning Administrator almost every month.
One of the examples presented by the county (above) does show that, while mansions are an issue, the real development hog on agricultural land is the accommodation of tourism at wineries. This particular example (with a troubled history) illustrates just how much land can be taken up by the parking lot, tasting room, and presentation landscaping for a tourist facility, well above the 1 acre proposed for residential development. (This one may even exceed the 25% of the property allowed under the WDO.) And unlike the residence, the tourist facility creates a much greater need for additional urban development to accommodate the numbers of people that will use it. There is even the doubt that the winery would have been built at all, with the loss of the vineyard land of its entire development area, were it not for its tourism potential.
In a county that wishes to preserve its agricultural land, McMansion development should be regulated. (It should also follow the same setbacks from public roads that wineries must follow). But let's not forget that the real consumption of vineyard land is being done to accommodate a tourism-based economy with unnecessary winery development. Until a return to an agriculture-based economy occurs, mansion development on vineyard land will remain a subordinate cause of vineyard loss.
Update 11/1/18
NVR 11/1/18: Napa County sees McMansions as farmland threat
Original Post 10/28/18
BOS Agenda 10/30/18 Item 10A
"Director of Planning, Building, and Environmental Services requests discussion and direction regarding commencing potential zoning ordinance changes to the View-shed Protection Program and limiting total development area for residential development within agricultural zoning districts."
The agenda letter for this item at the Oct 30 2018 BOS meeting is here
It has always seemed a paradox to me that an enormous number of zoning restrictions are placed on wineries, including development area allowed, setbacks from roads, need to "convey their permanence and attractiveness", and above all a highly public approval process to insure that wineries are in harmony with maintaining a beautiful and agrarian landscape. Houses on the other hand, seem exempt from those considerations - except for a view-shed ordinance that doesn't seem to have prevented the county's most prominent ridge-lines from being encrusted with buildings. It is as if, because houses are a "by-right" use, that their negative impacts on the environment are also granted by-right.
The photo shows a house currently being constructed in a very obvious location on the Trail near the Soda Canyon junction. The setback is about 200' rather than the 600' required for a winery. The building's design, of very un-"napaesque" boxes, screens off the farmlands and ridges from view and a bit more of the county's rural landscape has been urbanized. A public vetting of the design, and an ordinance intended to moderate the visual impact of a residence in the landscape and its occupation of Napa's precious arable land would definitely be a welcome addition to the County's land use arsenal.
The next community outreach meeting on the Residential Development Ordinance is scheduled for 12/14/22. The meeting notice is here and the documents are here.
Update 10/21/22
BPES will present the revised Residential Development Ordinance to the County Planing Commission on 11/2/22 for approval.
Staff agenda letter and documents are here
As might be expected, the ordinance is so larded with compromises, exceptions and impenetrable and manipulable legalese to have little impact on determined developers: It only applies to the AP (valley floor), contiguity of the one acre, and most every other provision, is subject to negotiated exemptions, compliance and horse-trading will be decided in below-the-radar zoning administrator meetings, no maximum building height so 2 and 3 story homes are more likely, state-encouraged ADU's need not be included, solar arrays, gardens may be excluded, no road setbacks mean homes will most likely end up within the winery road setback, and the 1 acre is in addition to the 25% of the parcel that may be occupied by a winery (note the pictured example).
I suspect that, as stated in the "Whereas's", the ordinance may have little impact on the 10 acres of Napa farmland currently lost each year to home construction. The value, also stated there, is an increase in government review of the projects. As we have witnessed over the last 9 years, governmental review unfortunately means that government ends up taking on the role of the developer often against the public interest, so not much hope of change there.
Still, some regulation is better than the current no regulation. And more importantly, given that all of the letters in opposition are from real estate brokers, or form-letters supplied by them, the luxury home development industry does seem to think that the ordinance will help protect the vines from their depredations.
Update 5/24/22
The Residential Development ordinance is being solidified and more examples are being presented. The County is requesting comments to be submitted by July 1, 2022 to Jason Hade, jason.hade@countyofnapa.org or Brian Bordona, Brian.Bordona@countyofnapa.org.
Ordinance Amendments
Current development examples
I would add the following conditions to 18.104.440:
"H. The residential development envelop shall meet the following setback requirements:
- 1. parcels contiguous to any state highway, Silverado Trail, or any arterial county road. six hundred feet from the center-line of the roadway.
2. parcels contiguous to any other public road or private road(s) used by the public: three hundred feet from the center-line of the road."
"I. On parcels of four acres or more, the combined area of the residential development envelopment and any other development areas on the property shall not exceed twenty-five percent of the existing parcel or fifteen acres, whichever is less."
Update 11/9/21
In the Register recently I now notice the prominently displayed articles, like this and this, about the kind of luxury estates available in Napa if you have more than $10 million to spend on a home. These may or may not be the kind of land-hogging compounds that the Residential Development Ordinance seeks to contain, but by glorifying the McMansion good life to be found here already, they are, of course, encouraging more such projects to be built, some of which will pave over the vines on the valley floor. No doubt the Register is simply promoting the interests of the realtors that provide advertising to keep it in business. But the disconnect between newspaper's continued promotion of estate homes and the Supervisors efforts to contain the impacts of that promotion is an interesting dynamic.
Update 10/20/21
NVR 10/20/21: Napa County considers limiting house size in ag preserve
BOS 10/19/21 meeting agenda (Item 13B)
10/19/21 BOS meeting video
Ordinance Draft
Comments may be sent to john.mcdowell@countyofnap.org
Comment Letters already submitted are here (7 of 9 a form letter from real estate development interests)
Much was said in the workshop by the Supes about the sanctity of vineyard land and the concern over the loss (laid out by staff) of 3.2 acres of AP zoned land per year over the last 2+ decades to home construction. What was not mentioned was the loss of 3 or so acres of that same land every time a new winery is approved in the county.
A director of the NVGG was proud to claim that no acre of ag-zoned land has been lost since the Ag Preserve was created. That has been achieved, of course, by allowing the building of industrial and commercial uses on ag-zoned lands. The reality that hundreds of acres of vineyard land have been lost to tasting rooms and parking lots and outdoor serving areas for winery tourism, not to mention the unnecessary wineries themselves only built to serve as tourist attractions and ego statements.
Since 2010 about 80 new wineries have been approved, the majority within the AP (valley floor) zone. As mentioned below and pictured above, this loss of vineyard land to tourism uses is worse than the much smaller amount lost to McMansions, because an increasing tourism population creates additional development pressures that will ultimately eat away the open fields within town boundaries and make annexations of ag lands all but inevitable. As noted in the original entry in this post, I approve of limitations on home development in the county and commend the Supes for the effort. (I want them to go further with setbacks comparable to the wineries.) But there seems to be a bit of hypocrisy in their attitude toward ag land when considering homes versus the much greater impact to ag land from wineries. (Note that despite all of the new hillside vineyards planted in the last decade, actual producing acreage has hardly budged. The producing acreage is being lost somewhere.)
A sampling of the 80 winery projects approved and the loss of existing or potential vineyard land that each represents:
| Project | Acres lost |
| Girard | 3.5 |
| Scarlett | 3± |
| Benjamin Ranch | 6-7 |
| B Cellars | 2.5± |
| Castellucci | 3+ |
| Titus | 3± |
| LMR Rutherford | 2-3 |
| Corona WInery | 2.5± |
| Beautiful Day | 3± |
| Darms Lane | 4.4 |
| Washington St | 2 |
Geographer Amber Manfree has produced a map of the vineyard land lost since 1993, a total of some 793 acres.
Update 9/14/21
NVR 9/14/21: Napa County explores limiting agricultural preserve McMansions
Update 8/21/21
The County is requesting comments on a proposed Draft Residential Development Ordinance. Contact John McDowell with comments.
Proposed Zoning Amendments
Illustrative Development Examples
The proposed ordinance is a step in the right direction to limit the ongoing development of mega-mansions by the wealthy who want a piece of this most desirable tourist destination. But like most new ordinances proposed to slow the county's urbanization it is far too late. The mansions already cap the ridges of the valley and fill in the most desirable farmland on the valley floor. Just 1 year ago the county approved a mega-mansion that will decimate one of the few iconic forested knolls at the center of the valley. The requests for view-shed exemptions are approved by the Zoning Administrator almost every month.
One of the examples presented by the county (above) does show that, while mansions are an issue, the real development hog on agricultural land is the accommodation of tourism at wineries. This particular example (with a troubled history) illustrates just how much land can be taken up by the parking lot, tasting room, and presentation landscaping for a tourist facility, well above the 1 acre proposed for residential development. (This one may even exceed the 25% of the property allowed under the WDO.) And unlike the residence, the tourist facility creates a much greater need for additional urban development to accommodate the numbers of people that will use it. There is even the doubt that the winery would have been built at all, with the loss of the vineyard land of its entire development area, were it not for its tourism potential.
In a county that wishes to preserve its agricultural land, McMansion development should be regulated. (It should also follow the same setbacks from public roads that wineries must follow). But let's not forget that the real consumption of vineyard land is being done to accommodate a tourism-based economy with unnecessary winery development. Until a return to an agriculture-based economy occurs, mansion development on vineyard land will remain a subordinate cause of vineyard loss.
Update 11/1/18
NVR 11/1/18: Napa County sees McMansions as farmland threat
Original Post 10/28/18
BOS Agenda 10/30/18 Item 10A
"Director of Planning, Building, and Environmental Services requests discussion and direction regarding commencing potential zoning ordinance changes to the View-shed Protection Program and limiting total development area for residential development within agricultural zoning districts."
The agenda letter for this item at the Oct 30 2018 BOS meeting is here
It has always seemed a paradox to me that an enormous number of zoning restrictions are placed on wineries, including development area allowed, setbacks from roads, need to "convey their permanence and attractiveness", and above all a highly public approval process to insure that wineries are in harmony with maintaining a beautiful and agrarian landscape. Houses on the other hand, seem exempt from those considerations - except for a view-shed ordinance that doesn't seem to have prevented the county's most prominent ridge-lines from being encrusted with buildings. It is as if, because houses are a "by-right" use, that their negative impacts on the environment are also granted by-right.
The photo shows a house currently being constructed in a very obvious location on the Trail near the Soda Canyon junction. The setback is about 200' rather than the 600' required for a winery. The building's design, of very un-"napaesque" boxes, screens off the farmlands and ridges from view and a bit more of the county's rural landscape has been urbanized. A public vetting of the design, and an ordinance intended to moderate the visual impact of a residence in the landscape and its occupation of Napa's precious arable land would definitely be a welcome addition to the County's land use arsenal.