To: Honorable Mayor and Members of City Council
From: Vincent Smith, Community Development Director
Prepared By: Michael Walker, Senior Planner
TITLE:
Title
Interim Zoning Ordinance and Temporary Moratorium
LABEL
RECOMMENDED ACTION:
Recommendation
Adopt an Urgency Interim Ordinance to implement the City’s October 2022 General Plan Update, commonly known as the City of Napa 2040 General Plan, by amending Title 17 of the Napa Municipal Code to (1) add interim zoning districts and associated interim zoning regulations, (2) amend the zoning map to rezone certain properties to the new interim zoning districts, (3) establish interim procedures for review of permit applications, pending the adoption of a comprehensive update to the zoning code, and (4) impose a moratorium on new or expanded service stations and drive through uses, and determining the actions authorized by this Ordinance are either exempt from CEQA or have been adequately analyzed and addressed by a previous CEQA action.
Body
DISCUSSION:
A. Background
The Napa 2040 General Plan was adopted on October 18, 2022. As part of implementation of the Goals and Policies of the new General Plan, a comprehensive update to the City’s Zoning Ordinance (Title 17 of the Napa Municipal Code) and other sections of the Municipal Code is needed to fully implement the General Plan. This process will require substantial resources, community outreach, and Staff time to complete. While this process is underway and is anticipated to begin towards the end of 2023, additional zoning and development review processes are needed in the interim to provide a process for determining conformity of new projects with the General Plan and enable the City to approve, modify, or deny nonconforming projects. Pursuant to Government Code Section 65858, the City has the authority to adopt “interim zoning” to incorporate essential procedures and land use regulations to ensure that new development conforms to the General Plan.
Interim Zoning is needed because there are certain critical areas of conflict between the General Plan and existing zoning. For example, there are new Mixed-Use Designations established in the General Plan for which corresponding zoning does not exist. Interim Zoning would help ensure that new development would be consistent with the General Plan and not compromise the community’s vision or undermine the efforts that went into crafting the new General Plan. If approved, Interim Zoning would also provide the framework for the city to better achieve its Regional Housing Needs Allocation (RHNA) by providing clear development standards for these higher density Mixed Use designated areas.
The attached Interim Zoning Ordinance (IZO) identifies how General Plan consistency determinations would be made until a comprehensive update to the City’s Zoning Ordinance and other Municipal Code amendments are completed.
B. Zoning Districts Established
The Napa 2040 General Plan established a new series of land use designations applying to certain properties as identified on the Land Use Plan. Primarily along the City’s major corridors, the Mixed-Use designations and Active Frontage Overlays are intended to accommodate higher-intensity, active, pedestrian-oriented development with a mix of uses including residential. Similarly, the Residential Mixed-Use designation prioritizes residential development with associated neighborhood-scale retail and office space. The Interim Zoning Ordinance establishes the following new zoning districts:
• MU-R Residential Mixed Use - Prioritizes residential development with associated non-residential development, neighborhood-scale retail and office space. In addition to a mix of housing types, other uses like live/work units, artist studios, and businesses that are less than 10,000 square feet are permitted.
• MU-CL Corridor Mixed Use-Low - Provides for developments that integrate residential and non-residential uses. It is intended for a mixture of uses in a single building; however, if a mixture of uses is infeasible due to site constraints or development costs, single uses are allowed, including neighborhood and community retail; eating and drinking establishments; small-scale commercial recreation; residential; financial, business, and personal services; educational and social services; and offices.
• MU-CH Corridor Mixed Use-High - Provides for a vibrant and walkable environment with mid-rise (typically 55 feet or lower) mixed-use development and allows for more intensive development than the Corridor Mixed Use Low District. Permitted uses include neighborhood and community retail; eating and drinking establishments; commercial recreation; hotels and visitor services; residential; financial, business, and personal services; educational and social services; and office.
• AF Active Frontage Overlay - This Overlay is intended to attract more pedestrians and create and promote an active street front along certain arterial streets within Focus Areas identified in the General Plan to unify and strengthen the streets where it applies. This will enhance the visual character of these streets and help attract more patronage for retail shops and local businesses.
C. Zoning Map Revisions
The Interim Zoning Ordinance also includes rezoning of properties which are inconsistent with the Mixed-Use General Plan designations described above. Properties with conforming zoning such as MU-T, Tannery Bend Mixed Use; MU-G, Gateway Mixed-Use; and MP-G, Gasser Master Plan District are not included in the rezoning. Additionally, the former Napa County Infirmary (Health & Human Services) property is not included in the rezoning as it is currently undergoing a project-specific rezoning to be considered by the City Council at a future meeting.
While not included in the Mixed-Use Designations, the former Vintage High School farm property, currently zoned Public/Quasi-Public, is also inconsistent with the Low-Density Residential Designation in the 2040 General Plan. This property is included with the map revisions, rezoning to Residential Infill (RI-4), consistent with the General Plan and pending development application.
All properties being rezoned as part of the IZO have been identified on Exhibit A, the Interim Zoning Map and further detailed on the Interim Zoning Ordinance Rezoning Table (see Attachment 1, Exhibits A and B, respectively and Attachment 2).
D. Consistency Determinations
In addition to rezoning properties to the new interim zoning districts consistent with the General Plan land use designations for such properties, the IZO provides a framework for reviewing new permit applications to ensure consistency with the General Plan. Where a conflict may occur between the General Plan and Zoning Ordinance, the General Plan would serve as the controlling document. Under the IZO, Staff would be required to make General Plan consistency determinations of proposed land uses and developments described in permit applications when determining if a proposed use or development at a specific location would be allowable based on provisions of the General Plan and Zoning Ordinance. Included in the IZO are procedures for determining consistency, applicable zoning (including “best fit” zoning), action by the decision-making body, and appeals.
E. Temporary Moratorium
The 2040 General Plan also establishes new City policies regarding the establishment of new zoning regulations limiting the construction of new fossil fuel stations and encouraging alternatives to traditional drive through facilities, with the goal of promoting compact, walkable development patterns that are integrated with a sustainable mobility system that emphasizes walking, biking, and using public transit, which new policies are not yet implemented by the City’s Existing Zoning Ordinance.
Consistent with the Goals and Policies of the General Plan, the City Council has previously directed City Staff to study and develop regulations for consideration to: (i) limit the construction of new fossil fuel stations and limit the addition of new fossil fuel pumps at existing stations; (ii) encourage the accommodation of alternative fuels and alternative modes of transportation; and (iii) encourage alternative approaches to traditional drive through facilities at new and existing businesses.
The City’s existing Zoning Ordinance does not implement these newly established policies, and as a result, the approval of Permit Applications consistent with the City’s Existing Zoning Ordinance could lead to development that is inconsistent with or contrary to the General Plan. Therefore, the urgency interim ordinance is proposed to prohibit the approval or construction of new or expanded Service Stations and Drive-Through Uses until the City has had an opportunity to develop and consider new regulations to apply to Permit Applications for new and expanded Service Stations and Drive-Through Uses.
F. Urgency Ordinance Procedures
Pursuant to Government Code Sections 36937 and 65858, the urgency measure shall require four-fifths (4/5) vote of the City Council for adoption and shall be in effect for 45 days from its date of adoption. Prior to the 45 days, the City Council may take action to extend the Ordinance. Any extension shall also require a four-fifths vote for adoption and not more than two extensions may be adopted.
Once a comprehensive update to the Zoning Ordinance is completed, the Interim Zoning Ordinance would become null and void.
FINANCIAL IMPACTS:
No direct financial impact to the City has been identified with this agenda item.
CEQA:
The Community Development Director has determined that the temporary moratorium on new or expanded Service Stations and Drive-Through Uses described in this Agenda Report is exempt from CEQA, pursuant to CEQA Guidelines Division 15060(c) and that establishing new zoning districts and zoning regulations to implement the 2040 General Plan were adequately analyzed by the General Plan EIR certified by the City Council on September 20, 2022 by City Council Resolution R2022-085.
DOCUMENTS ATTACHED:
ATCH 1 - Interim Zoning Ordinance
EX A - Zoning Map
EX B - Zoning Consistency Table
ATCH 2 - Interim Zoning Ordinance Rezoning Table
NOTIFICATION:
Legal notice of the public hearing was published in the Napa Valley Register on April 7, 2023.